52 U.S.C. § 30106 — Federal Election Commission
submitted 52 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 1,229 words · no verdicts yet
This law creates the Federal Election Commission. Six presidential appointees run it, split evenly between parties, plus two non-voting ex-officio members. The Commission enforces election laws, meets monthly, and hires its own staff.
(a) Establishment; membership. This section creates the Federal Election Commission. It's made up of the Secretary of the Senate and the Clerk of the House of Representatives (or their designees) as non-voting, ex-officio members, plus 6 members the President appoints with the Senate's approval. No more than 3 of those 6 appointed members can belong to the same political party. Each appointed member serves a single 6-year term, except among the first members appointed: two (from different parties) served until April 30, 1977; two more (different parties) until April 30, 1979; and two more until April 30, 1981. A member can keep serving after their term ends until a successor takes office. Someone appointed to fill a vacancy that opened up before a term's normal end only serves out the rest of that term, and any vacancy is filled the same way the original appointment was made.
Members must be chosen for their experience, integrity, fairness, and good judgment. Except for the Secretary and the Clerk, members can't be elected or appointed officers or employees of the federal government's executive, legislative, or judicial branch when appointed, and they can't hold any other job, business, or vocation while serving — anyone who has one when appointed must end or sell it off within 90 days. Members other than the Secretary and Clerk are paid at the rate for Executive Schedule Level IV. The Commission elects a chairman and a vice chairman, from among the appointed members, for one-year terms; a member can only be chairman once per appointment term; the chairman and vice chairman can't belong to the same party; and the vice chairman acts as chairman whenever the chairman is absent, disabled, or the chairmanship is vacant.
(b) Administration, enforcement, and policy. The Commission administers, works to obtain compliance with, and sets policy for this Act and for chapters 95 and 96 of title 26 (the campaign-financing tax provisions), and it alone handles civil enforcement of those laws. Nothing here limits Congress's own investigative, informational, oversight, supervisory, or disciplinary power over federal elections.
(c) Voting requirements. Every Commission decision needs a majority vote of its members, and no member can hand off their vote or decision-making power to anyone else. But certain actions — under paragraphs (6) through (9) of section 30107(a), or under chapters 95 or 96 of title 26 — need at least 4 members voting in favor.
(d) Meetings. The Commission must meet at least once a month, and also whenever any member calls a meeting.
(e) Rules; seal; office. The Commission must write down rules for how it runs its business, must have an official seal that courts will recognize automatically, and must keep its main office in or near Washington, D.C. — though it can meet and use its powers anywhere in the United States.
(f) Staff director and general counsel. The Commission appoints a staff director (paid up to Executive Schedule Level IV) and a general counsel (paid up to Level V). With the Commission's approval, the staff director can hire and set the pay of additional staff without following the normal federal competitive-service hiring rules, and can also hire temporary or part-time help, though individuals hired that way can't be paid more than the daily equivalent of a GS-15 employee's salary. The Commission should draw on the help, personnel, and facilities of other federal agencies whenever practical, and those agencies may lend the Commission staff, space, and other assistance, whether or not they're reimbursed for it. The Commission can defend itself in lawsuits either through its own staff attorneys or through outside counsel it appoints on a temporary basis, hired without following the normal competitive-service rules and paid without following the usual federal pay-scale limits; that temporary counsel's pay comes out of the Commission's regular budget.
There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.
Members of the Commission shall serve for a single term of 6 years, except that of the members first appointed—
two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977;
two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and
two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981.
A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission.
An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds.
Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.
Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment.
Members of the Commission (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315).
The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office.
The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of title 26. The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions.
Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.
All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 30107(a) of this title or with chapter 95 or chapter 96 of title 26.
The Commission shall meet at least once each month and also at the call of any member.
The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States).
The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5 governing appointments in the competitive service.
With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332).
In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request.
Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5 governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.
Source credit: (Pub. L. 92–225, title III, § 306, formerly § 310, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1280; renumbered § 309 and amended Pub. L. 94–283, title I, §§ 101(a)–(d), 105, May 11, 1976, 90 Stat. 475, 476, 481; renumbered § 306 and amended Pub. L. 96–187, title I, §§ 105(3), (6), 112(b), Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105–61, title V, § 512(a), Oct. 10, 1997, 111 Stat. 1305.)
- 1974Enacted · Pub. L. 92-225 · 88 Stat. 1280
- 1976Amended · Pub. L. 94-283 · 90 Stat. 475, 476, 481
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1354, 1366
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1997Amended · Pub. L. 105-61 · 111 Stat. 1305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1974-10-15.
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