Wiley Rein’s Michael Toner Discusses FEC Nominees

Michael E. Toner, co-chair of Wiley Rein’s Election Law & Government Ethics Practice, was quoted by The Washington Post in a June 21, 2013 article about President Obama’s selection of two nominees to fill seats on the U.S. Federal Election Commission (FEC).

The White House announced that the President intends to nominate two candidates: the head of the California Fair Political Practices Commission Ann Ravel to replace Cynthia L. Bauerly—who departed in February—and veteran Washington election law attorney Lee E. Goodman to fill the shoes of Commissioner Donald F. McGahn, whose term expired in April 2009. The nominations require Senate confirmation.

The FEC currently has one vacant seat and five commissioners who are continuing to serve even though their terms have lapsed. Federal election laws allow members with expired terms to remain in the posts indefinitely until their replacements are confirmed. President Obama has nominated only one person to the FEC, and that nominee wasn’t confirmed by the Senate. Obama is the first president in history to have served a four-year term without appointing anyone to the FEC.

Mr. Toner, a former FEC commissioner, praised the selection of Goodman, who previously was of counsel at Wiley Rein. “He has a great knowledge of the law and the impact of the rules on real-world political activity,” Mr. Toner told The Post.