By Dan Friedman, National Journal's Congress Daily, June 27, 2008

27 Jun 2008 // After months of dormancy, the FEC is set to tackle several high-profile electoral issues, but quick, decisive action on politically charged questions — such as whether Sen. John McCain, R-Ariz., illegally withdrew from the public financing system — is unlikely, experts say.

“The FEC moves at a snail’s pace,” said Richard Hasen, an election law expert a Loyola Law School in Los Angeles. “People think the FEC wakes up in the morning and just starts issuing rules on things it doesn’t like,” Hasen added. “It just doesn’t work like that.”

The commission has been unable to issue rulings since January due to a standoff between the White House and Senate Democrats over nominees that left it without a working quorum. But the decision last month by former Republican Commissioner Hans von Spakovsky to withdraw his nomination quickly ended the deadlock.

The Senate confirmed five nominees Tuesday. An FEC spokesman said they will be sworn in within days.

With one holdover commissioner, Democrat Ellen Weintraub, and five new ones, the commission faces pressure to hit the ground running.

The Democratic National Committee has filed a complaint with the FEC charging McCain, the presumptive Republican presidential nominee, committed himself to remaining in the public financing system through August by using the prospect of having the money as collateral for a loan. As a result, McCain has broken the law by spending private funds, the DNC charged.

A spokeswoman said a related DNC lawsuit filed Tuesday aims to “make it clear this issue should be at the top of the FEC’s agenda.”

McCain’s camp calls the lawsuit a publicity stunt. FEC watchers agree that while the DNC complaint may help highlight the candidate’s maneuvering around laws he has championed, the commission almost certainly will not take a step that affects McCain’s chances before November.

“There is little chance they are going to do anything to hurt a presidential candidate,” said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington.

Split evenly between Republicans and Democrats, the six-member commission needs four votes to rule. With a history of partisan division and new members who include onetime subordinates of Democratic Senatorial Campaign Committee Chairman Charles Schumer of New York and former House Majority Leader Tom DeLay, 3-3 ties may increase, said Hasen.

Former Commissioner Bradley Smith noted the FEC is unlikely to rule on the DNC complaint before November. Even if it did rule against McCain, the commission could only fine his campaign $25,000.

The first big item on the FEC’s agenda will likely be issuing rules to implement ethics laws enacted last fall. The most closely watched is a provision requiring lobbyists to report details on donations they bundle on behalf of federal candidates. The FEC spokesman said the ruling “is going to be a priority,” because the time frame required in the statute has elapsed.

After having several past proposed regulations thrown out, the commission is also expected to prioritize issuance of a rule governing “hybrid” advertisements run in tandem by presidential campaigns and national parties.

The FEC must also tackle a backlog of complaints and requests for advisory opinions. Among those is arequest by Sen. Christopher Dodd, D-Conn., for permission to ask donors to his presidential campaign to redirect the money to his senatorial campaign fund.

Still, as new commissioners get up to speed, those rulings will likely not come fast, observers said.

“No one should expect them to move quickly,” said CREW’s Sloan.