On April 17, 2025, the Brennan Center submitted a public comment to the Federal Election Commission (FEC) in response to a request for an advisory opinion from the Campaign Legal Center in AOR 2025–06. The request asks the Commission to confirm how the Federal Election Campaign Act (FECA) applies to campaign finance complaints in light of President Trump’s recent Executive Order “Ensuring Accountability for All Agencies” (the “EO”), which purports to assert direct presidential control over all independent federal agencies, including the FEC.
The Brennan Center urges the Commission to confirm that the EO does not alter statutory rights and procedures under the FECA and the Commission’s own regulations and policies. It emphasizes that the Elections Clause of the U.S. Constitution entrusts the states and Congress, not the president, with the authority to regulate federal elections. For federal campaign finance, Congress has adopted a comprehensive statutory scheme and vested exclusive authority to adjudicate civil complaints in the FEC. Maintaining this design is essential to protect the integrity of the electoral process and instill confidence that election-related complaints are adjudicated with an evenhanded approach free from partisan manipulation.
