The FEC is broken – H.R. 1 will break it differently

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The FEC is bad. The House of Representatives isn't doing anything to make it better.

When it passed H.R. 1 by a vote of 234-193 on Monday, Congress attempted to address a laundry list of nationwide problems: rampant gerrymandering, voting rights, and the vulnerability of elections to foreign interference, among other concerns. But H.R. 1, billed as the "For the People Act," also takes a shot at reforming the Federal Election Commission (FEC). It fails.

The FEC isn't good at enforcing the nation's campaign finance laws, and, when it is does, it's often an entire election cycle after the given offense. As it is, candidates don't have much difficulty circumventing campaign finance laws, undermining the fairness of elections and opening the door to further corruption.

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The FEC was created by the Federal Election Campaign Act following the Watergate scandal, as Congress sought a better way to police federal campaign laws and prevent future presidents from interfering with investigations as Nixon had. The FEC has six commissioners, and no more than three can be of the same party. Four votes are required for most actions taken by the agency, and that hasn't been an issue for most of its history. But since 2008, the frequency of 3-3 tie votes has increased dramatically. It's why the FEC is slow to investigate cases and even slower to prosecute offenses. Supporters of H.R. 1 complain, with good reason, that the FEC has become toothless. But H.R. 1's reforms introduce new and potentially volatile problems.

FEC's rampant dysfunction won't be fixed by H.R. 1— the bill doesn't get at what actually went wrong. Since its inception, the FEC has been able to operate without excessive gridlock, and, for the most part, it still does. At the height of FEC turmoil in 2014, the FEC only had a tied vote 14 percent of the time (historically, it has been closer to one to four percent of the time) on substantive matters, although many of these tie votes occur on matters that are particularly contentious. The greater problem afflicting the FEC is touched upon by NBC Washington's findings that the Republican and Democratic commissioners of the FEC almost always vote as blocs. At various times, both Republican and Democratic commissioners have put party interests ahead of their agency's responsibilities.

At various times, both Republican and Democratic commissioners have put party interests ahead of their agency's responsibilities.

H.R. 1's Democratic supporters instead believe the FEC's six-commissioner structure makes it dysfunctional. H.R. 1 introduces a new system of five commissioners —two from each party and one independent, eliminating tie votes. But that independent commissioner's de facto role as a tiebreaker would grant them far too much power. Save for Senate approval, there's nothing preventing a president from appointing an "independent" like Bernie Sanders or Angus King.

The bill's proponents are aware of this problem, creating a Blue Ribbon Advisory Panel that will help inform the president's decisions. But this panel has problems of its own. The Blue Ribbon Advisory Panel's decisions are non-binding and not public, a result of its exemption from the Federal Advisory Committee Act (FACA), which ensures the transparency of advisory committees. There are arguments against FACA's necessity, the panel's deliberate exemption from the law undermines the idea that its goal is to ensure non-partisanship. Instead, H.R. 1 will allow future presidents to tilt the scales of the FEC in their favor, a fate the post-Watergate creators of the FEC were so desperate to avoid they originally had members of Congress picking commissioners before the Supreme Court ruled it unconstitutional. Apparently, the solution to excessive gridlock is one-party control.

H.R. 1 also seeks to grant unilateral powers to the Chair of the commission in the name of expediency, again giving leverage to the Chair's party, and allows the General Counsel to take actions independent of commission votes. While some of the FEC's problems, such as its notoriously slow pace and the delayed appointment of commissioners under Presidents Obama and Trump, might be solved with legislation, the consolidation of power in the hands of a few at the expense of the FEC's integrity is not a winning strategy.

The FEC is afflicted by the same problem that has afflicted governments for as long as they have existed – governments are made up of people, and people can be bad. The Founders, in their wisdom, sought to limit the harm bad actors could do once in power, and the FEC's current structure adheres to this principle. Currently, the consequences of bad actors in the FEC is dysfunction and frustration. But under H.R. 1's reforms, those consequences could be blatant corruption.

Michael Rieger is a contributor for Young Voices. Follow him on Twitter at @EagerRieger.

President Donald Trump's performance at last night's final presidential debate was "brilliant" and "the best he's ever done," Glenn Beck said on the radio program Friday.

Glenn described the moments he thought President Trump came across as "sincere," "kind," and "well-informed," as well as Joe Biden's biggest downfalls for of the night — from his big statement on wanting to eliminate the oil industry to his unsurprising gaffes as the debate neared the end. But, the question remains: was Trump's "brilliant performance" enough to win the election?

Watch the video be low to get Glenn's take on the final debate before the November 3 election:


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This is a moment "Cynical Theories" author James Lindsay probably hoped would never come. The liberal mathematician and host of the "New Discourses Podcast" recently came out as "unhappily" voting Republican, including for President Donald Trump, because the Democratic Party is now being controlled by a far-left movement that seeks to destroy our country and the U.S. Constitution.

He joined Glenn Beck on the radio program Thursday to explain why this election isn't "Trump versus Biden." It's Trump versus a "movement that wants to tear apart American society at its very foundation." Lindsay warned that if it isn't stopped, the left can toss out our rights by rewriting the Constitution — or abolishing it altogether.

"A lot of people don't understand what's happening with the election we have right now," he said. "They think it's a choice between Donald Trump and Joe Biden. And at the surface level, of course, it is. We're voting for each candidate to be duly put into the office of president. But that's not what we really have going on. We have, in Donald Trump, a man who's going to govern as we've all seen — the way he feels like he's going to govern. And we have in Joe Biden, a man captured by a movement that wants to tear apart the American society at its very foundation."

Lindsay noted the popular leftist narratives that call to "abolish anything they don't like," which now includes the U.S. Constitution. He added that "this is the movement that is controlling the Democratic Party."

"It is my belief, that there has been a largely effective kind of silent coup of the Democratic Party, that's turned it completely under the control of this movement. And that's what we're going to be electing with Joe Biden. So I can't do it," he said.

Watch the video below for more details:

Tonight at 9 p.m. ET, 8 p.m. CT, Glenn Beck goes straight to the source of the biggest story in the country with Mayor Rudy Giuliani, who takes us directly into Hunter Biden's alleged laptop.

Despite Big Tech's attempts to squash this story, there should be a mad scramble in the media to get to the bottom of major corruption allegations, but they're willfully ignoring it. However, this is not just a story about Hunter Biden. This is all about Joe Biden. It's a story Glenn has been investigating for over a year that traces back to Ukraine and China. It goes directly to the root of corruption within our political system: How politicians use their family members to enrich the entire clan and sell out their country. While the media looks the other way, Glenn asks Mayor Giuliani to show us the evidence. Giuliani details the chain of possession of the laptop and reveals news that he only had possession of the laptop days before the New York Post story broke. He says, "I reported this the day after I saw it."

He also drops a major bombshell on the show and says Big Tech doesn't want you to see evidence that "establishes with texts, documents, contracts" that "Joe Biden was a 10% partner with a Chinese communist … and there are witnesses that will come forward and testify to it."

Big Tech censorship is out of control. So to watch tonight's explosive episode of Glenn TV, you must be a BlazeTV subscriber. Because Big Tech is doing whatever it can to limit free speech, we're offering our most important discount on BlazeTV ever. Use promo code GLENN to get $30 off a one-year subscription, so you'll have 24/7 access to news and entertainment completely free of biased "fact-checks" and censorship.

Watch a preview of the show below:

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The Senate Judiciary Committee was set to vote on subpoenas to compel Twitter CEO Jack Dorsey and Facebook CEO Mark Zuckerberg to testify on alleged censorship and bias across their platforms. But that all changed when Republican committee members "expressed reservation about the maneuver," Politico reports.

Sen. Ted Cruz (R-Texas), who chairs Judiciary's Subcommittee on the Constitution, was definitely not one of the committee members with cold feet. On the radio program Tuesday, he told Glenn Beck that he's fighting "vociferously" to ensure Dorsey and others testify before the November 3rd election.

"Jack Dorsey and Mark Zuckerberg are both going to testify. They're are going to testify in person. They're going to testify before Election Day. That's what I think should happen," Cruz said. "That's what I'm fighting vociferously to happen. Right now, the companies are negotiating with the chairman's office to discuss terms to come voluntarily. I don't give a damn whether they come voluntarily or under subpoena. They need to testify in person and answer questions for the American people about why they are trying to steal this election, to suppress the free speech, and to censor the press."

The subpoenas would require Big Tech leaders to testify on the alleged "suppression and/or censorship" of two consecutive blockbuster stories from the New York Post. The first story was about emails that allegedly came from Hunter Biden's computer which are currently being investigated by the FBI, and the second was based on additional emails that allegedly showed communist China directly offering millions of dollars to then-Vice President Joe Biden.

"Big Tech stepped in, and they've done something they've never done before," Cruz explained. "We know that Big Tech has been censoring individual conservatives, trying to suppress conservative speech. But the step they took here is, they blocked if any individual user tried to share either of the New York Post stories, [they] were blocked ... Sharing a news story, from a major media outlet is part of democracy, part of free speech. And not only that, they blocked the New York Post itself. Right now, today, the New York Post is not being allowed to post its own damn stories on corruption. This is ridiculous. It's a threshold that's never been crossed before, of Silicon Valley oligarchs declaring the authority to determine what the press is allowed to report, and who is allowed to see it."

Watch the video below to catch more of the conversation:

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