The Lenhard, Mason, von Spakovsky, and Walther nominations remained pending in the Senate early in the second session of the 110 th Congress, but because the three recess appointments expired at the end of the first session, just two commissioners—Mason (R) and Ellen L. Weintraub (D)—remained in office. Both were previously confirmed by the Senate and could continue serving in holdover status following expired terms. On June 24, 2008, the Senate confirmed Bauerly, Hunter, McGahn, Petersen, and Walther. The five new commissioners joined Ellen Weintraub, who continues to serve at the FEC in holdover status. Existing campaign law and regulations remained in effect. In addition, in December 2007, when the FEC still had five commissioners, the Commission voted to amend its rules of internal procedure to permit remaining commissioners to execute some duties. Functions That Require a Four-Commissioner Majority

FECA requires affirmative votes from at least four commissioners to: (1) make, amend, or repeal rules, (2) approve enforcement actions, (3) initiate, or defend itself in, certain court actions, (4) issue advisory opinions, (5) develop forms, (6) conduct hearings and investigations, and (7) refer cases of apparent criminal conduct to law enforcement. Conclusion

The Federal Election Commission was without a quorum of four commissioners for more than six months in 2008. In the interim, however, the absence of a quorum at the FEC delayed administering aspects of the presidential public financing program, rulemakings, and enforcement actions. The Commission also needed to respond to ongoing litigation surrounding the Bipartisan Campaign Reform Act. Nonetheless, the 2008 "shutdown" may continue to be of interest to the 111 th Congressional consideration of oversight or appropriations issues.
Three recess appointments to the Federal Election Commission (FEC) expired at the end of the first session of the 110th Congress, leaving the agency with just two commissioners. Because the Federal Election Campaign Act (FECA) requires that at least four commissioners vote affirmatively to execute some of the agency's major functions, the FEC was unable to issue regulations, approve enforcement actions, and administer aspects of the presidential public campaign financing program. The Commission also could not issue advisory opinions. Existing campaign finance law and regulations remained in effect. Remaining commissioners and staff continued routine business. On June 24, 2008, the Senate confirmed five nominees to the FEC. Those five commissioners joined a sixth member who continued to serve in holdover status. Therefore, the Commission was restored to full decision-making strength. By the end of April 2009, the terms of three commissioners (total) had expired, but because commissioners may continue to serve in holdover status, six members remained in office.
Examining the Commission's operating status and its backlog from 2008 may be an oversight or appropriations issue of interest to the 111th Congress. CRS Report R40091, Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress, by [author name scrubbed], discusses other recent campaign finance developments, including FEC issues.) Although the loss of the Commission's policymaking quorum has now been resolved, this report will be updated occasionally to reflect subsequent developments.