FEC backlog reaches 307 cases as commission remains without quorum

The Federal Election Commission’s enforcement backlog rose from 154 to 307 cases over a year, according to CBS News, while the agency remained short of a quorum needed for key commission-level actions. As of Oct. 9, 2026, the FEC had two of its six seats filled, two short of the four members required for a quorum. The gap remained in place weeks before the Nov. 3 midterm election.

The FEC’s roster lists Shana Broussard and Dara Lindenbaum as its serving commissioners; both are Democrats. The commission began operating without a quorum on May 1, 2025, after Allen Dickerson left on April 30. James Trainor’s departure on Oct. 3, 2025, left the two remaining commissioners affiliated with the same party, according to the agency’s inspector general.

What the quorum gap restricts

The FEC administers federal campaign-finance law. Four affirmative votes are generally required for commission action. Without a quorum, it cannot take key actions such as authorizing new enforcement actions, making rules or issuing formal advisory opinions.

The inspector general describes Directive 10 as listing 20 categories of business that commissioners may handle when fewer than four members serve. The directive requires all remaining commissioners to be present and bipartisan approval for those actions. Because Broussard and Lindenbaum are both Democrats, the current commission cannot meet that condition.

The restrictions do not stop all agency work. Staff can continue processing campaign-finance reports and complaints and investigating matters that commissioners authorized earlier. Those activities are different from a commission vote approving a new enforcement action, rule or formal advisory opinion. The effect on a particular complaint depends on its stage; the backlog figure alone does not show that every pending matter has stopped.

Enforcement activity and backlog

CBS News reported figures based on agency records and data. It said the FEC had not voted to resolve an enforcement case or approved new civil penalties since losing its quorum. The earlier comparison covers the 12 months before the quorum loss; the backlog comparison is a separate, reported-year measure.

The 180 cases are cases closed, not a count CBS identified as resolved by commission vote. The rising backlog and lack of commission-voted resolutions are distinct measures; neither establishes that staff stopped all case-related work or that every pending complaint is unable to move forward.

Requests for guidance and nominations

CBS reported that Reps. Mike Lawler and Josh Gottheimer sought FEC coordination on AI-generated election information. Broussard replied individually that she “cannot proceed” and could not speak for the FEC as an agency. Rep. Mike Thompson sought guidance on prediction-market activity; Broussard also responded individually that she could not begin rulemaking or issue an advisory opinion.

The Senate Rules and Administration Committee’s nominations tracker lists Ashley Stow and Andrew Woodson as FEC nominees received on Feb. 11, 2026, and referred to the committee. If both joined and the current roster otherwise remained unchanged, the commission would reach the four-member quorum threshold.

Former FEC lawyer Adav Noti told CBS he was concerned an enforcement standstill could encourage boundary-pushing. Paul Kamenar, a lawyer for the National Legal and Policy Center, criticized the lack of enforcement action. Those are their assessments, not established effects of the quorum gap.