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.

A shocking new report by The Daily Wire reveals that the furious father whose arrest at a school board meeting likely sparked the call for the FBI to investigate anti-CRT parents like domestic terrorists was furious for good reasons: The Loudoun County School Board allegedly tried to cover up his daughter's rape.

Rep. Chris Stewart (R-Utah) joined Glenn Beck on the radio program Tuesday to discuss the incident and explain why he joined 60 lawmakers in a letter to Attorney General Merrick Garland demanding answers for why the FBI is targeting parents.

"We want to know ... what kind of coordination took place between the White House, activist groups and teachers unions, and the Department of Justice," Stewart told Glenn. "Because we have evidence that there was [coordination] and, in fact, that the White House are the ones who initiated this. They asked for these activist groups to write this inflammatory letter to the Department of Justice saying they were 'intimidated' and that they 'felt threatened', giving the Department of Justice Attorney General Garland, the excuse to say, 'Okay, well, we have to respond'."

Stewart went on to say he believes the federal government would only involve the FBI in such an issue if its purpose is to silence and intimidate parents concerned about the "poison" being taught to their kids in school. So, what can he and the other representatives who disagree with the Biden administration's overreach of power do to stop it?

Watch the video clip below to hear Stewart explain:

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Taiwan's Foreign Minister Joseph Wu is now warning that his nation is preparing for war with China after Beijing flew a record number of warplanes over Taiwanese territory. Wu reached out to another country for help, but it wasn't the United States.

In a video, Wu urged Australia to help prepare for a possible invasion, but gave the U.S. no mention.

"The defense of Taiwan is in our own hands, and we are absolutely committed to that. And if China is going to launch a war against Taiwan, we will fight until the end. And that is our commitment. And, of course, during this period of time, we would like to exchange with other countries for security cooperation," Wu said on ABC News In-depth's China Tonight program. "We would like to engage in security or intelligence exchanges with other like-minded partners, Australia included, so that Taiwan is better prepared to deal with the war situation. And so far, our relations with Australia is very good. And that is what we appreciate it for."

On "The Glenn Beck Program," Glenn, Pat Gray, and Stu Burguiere discussed whether or not America would do anything during such a conflict — because it sure seems like President Joe Biden is more focused on working with China to fight climate change. Plus, why did China just cut off all cryptocurrency?

Watch the video clip below to catch the conversation:

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On "Glenn TV" tonight, Glenn Beck heads to the chalkboard to reveal how the fundamental transformation of America has already begun by turning the Declaration of Independence upside down.

If Donald Trump was a dictator, then what do we call President Biden? In Biden's first nine months in office, he has already issued 64 executive orders – that's more than Trump, Obama, W. Bush, Clinton, Bush, and Reagan each issued in their entire first years in office.

You never hear the Left talk about the Declaration of Independence, the Constitution, or the Bill of Rights any more, unless it's to "reimagine" the Constitution or slap a "harmful content" warning on our founding documents. Seriously. The National Archives said while its website label wasn't targeting the Constitution specifically, "some of the materials presented here may reflect outdated, biased, offensive, and possibly violent views and opinions." The Left finds basic, guaranteed rights so offensive they now spend all of their time on workarounds to deal with America's annoying founding documents.

Watch the full episode of "Glenn TV" below to see Glenn outline the aggressive unconstitutional abuses "King Biden" is jamming down our throats and teaches Americans how we can defend against presidential tyranny.

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On the "Glenn Beck Radio Program," Glenn explained why he wouldn't be surprised to see our supply chain collapse and empty shelves in America in the near future. Shortages are already wrecking our economy, China (where many of our goods are still made) is facing an energy shortage, and the Biden administration sure seems to be doing everything it can to make things worse.

Glenn noted a serious warning from American CEO Mike Beckham: "There's a major storm brewing in the supply chain," Beckham wrote on Twitter.

Thanks to China's centrally planned system, electricity shortages are causing huge delays in product manufacturing. In fact, some items are facing a 33 percent cut in production. "It could dramatically impact every [American's] life next year. But almost no one knows about it yet," Beckham warned.

Glenn went on to explain exactly what this means for you — and what you can do to prepare.

Watch the video clip below to hear Glenn break it down:


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To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.