Michael Toner Discusses Split Decisions at the FEC

Michael E. Toner, co-chair of Wiley Rein’s Election Law & Government Ethics Practice, was quoted in an article published yesterday in The New York Times about how the Federal Election Commission (FEC) has taken important actions through a series of 3-3 votes among the FEC’s six Commissioners in recent years.  Mr. Toner discussed the practical impact of 3-3 Commissioner votes at the FEC in key enforcement actions and advisory opinion matters and noted that some clients are relying on such votes in organizing their activities and operations.   “If you’ve got a client who is not as risk-averse, then you can sit down with them and say, ‘Here’s the situation, you have three commissioners who say this is lawful, and that is something you can rely on between now and November for your campaign strategy,” Mr. Toner said. To read the entire article, click here.