The Federal Election Commission (FEC) has been unable to conduct major enforcement actions or issue formal legal guidance since May 2025 due to a lack of a quorum. With only two of its six commissioner seats currently filled, the agency lacks the four members required under federal law to open investigations, issue fines, or write new rules. The standstill persists as the U.S. approaches the 2026 midterm elections, which are projected to reach a record $11.6 billion in political ad spending.
The agency’s functionality began to decline following the transition of the Trump administration. Republican Commissioner Sean Cooksey resigned in January 2025, and President Trump subsequently removed Democratic Chairwoman Ellen Weintraub, an action Weintraub stated was illegal. Further resignations by commissioners Allen Dickerson and Trey Trainor left the agency with only two members, Dara Lindenbaum and Shana Broussard. While the White House nominated two Republicans to the commission in February 2026, the Senate has not held hearings on these nominees.
Without a quorum, FEC staff are restricted to administrative tasks such as collecting campaign finance reports and answering general inquiries. Agency records indicate that the backlog of enforcement cases has doubled over the past year, rising from 154 to 307. In contrast, during the 12 months prior to losing its quorum, the commission closed 180 cases and issued approximately $1 million in civil penalties. Individual commissioners have informed lawmakers from both parties that requests for investigations into foreign influence or guidance on using campaign funds for childcare cannot be processed.
The scale of the impact is reflected in the $11.6 billion projected for 2026 midterm ad spending, a $400 million increase over the 2024 cycle. Without a functioning commission to judge the merits of complaints, groups such as Public Citizen note that campaigns and super PACs are effectively left to self-regulate. This environment coincides with a recent Supreme Court ruling that struck down federal limits on coordinated campaign spending, further changing the legal landscape for how parties and candidates interact financially.
As of October 2026, the FEC remains unable to resolve pending complaints, including allegations involving President Trump’s control of the MAGA Inc. super PAC and accusations against Rep. Alexandria Ocasio-Cortez (D-NY) regarding campaign fund usage. The next steps for the agency depend on the U.S. Senate, which must hold hearings and votes to confirm new commissioners to restore the four-member quorum. No dates for these proceedings have been reported.