With the 2026 midterm elections approaching, the Federal Election Commission has been unable to enforce campaign finance laws for more than a year, leaving complaints unresolved and political campaigns without formal guidance.

The agency’s paralysis was highlighted in July, when Reps. Mike Lawler, a New York Republican, and Josh Gottheimer, a New Jersey Democrat, urged the FEC, Justice Department and Homeland Security Department to address the risk of artificial intelligence spreading election misinformation. The lawmakers called for action against “AI-driven threats to election integrity.”

A September survey by the American Association of Political Consultants Foundation found that roughly one-quarter of likely voters use AI tools daily, while at least 38% have obtained information about candidates or voting through AI-generated search summaries.

Democratic Commissioner Shana Broussard told the lawmakers that the FEC could not act. With only two of its six seats filled, the agency lacks the four commissioners required for a quorum. In her response, obtained through a Freedom of Information Act request, Broussard wrote that the agency “cannot proceed.”

Without a quorum, the FEC can publish campaign finance reports, answer general questions and accept complaints, but cannot open investigations, impose fines, establish rules or issue formal advisory opinions.

Since May 2025, the commission has not resolved an enforcement case by vote or approved new civil penalties. In the preceding 12 months, it closed 180 cases and imposed approximately $1 million in penalties. Meanwhile, its enforcement backlog has doubled, rising from 154 cases to 307. The FEC declined to comment.

Lawmakers from both parties have encountered the same roadblock. Rep. Anna Paulina Luna, a Florida Republican, asked whether campaign funds could cover childcare while she voted and attended committee hearings. After learning that the Capitol daycare center only offers full-time care, she emailed the FEC, writing, “Please advise on what I can do,” but was told the commission could not issue an advisory opinion.

Luna said she contacted the White House to urge action on restoring the agency’s quorum.

“Until the FEC meets, we’re going to be operating in a gray area, which is why we need them to get a quorum to get a yes or no,” Luna told CBS News. “Obviously, we don’t want to get in trouble.”

Former FEC attorney Adav Noti warned that the lack of enforcement may encourage violations. He said the perception that complaints will go unanswered has resulted in “more boundary-pushing than we would otherwise see.”

Noti now heads the Campaign Legal Center, which recently filed a complaint alleging President Trump improperly controls MAGA Inc., a pro-Trump super PAC. The complaint cited Trump’s September description of the group’s funds as “my money that I control.”

Trump said this week that MAGA Inc. would begin paying for television advertisements focused on him that his administration had previously funded with taxpayer money. The spending had drawn public scrutiny.

Although super PACs can accept unlimited contributions, federal law prohibits officeholders from controlling them or directing their spending.

“Since there is just absolutely no enforcement mechanism right now, there’s sort of blanket impunity for lawbreaking,” Noti said. A MAGA Inc. spokesperson denied wrongdoing and said the organization follows the law.

Conservatives have also criticized the commission’s inaction. Paul Kamenar, an attorney with the National Legal and Policy Center, said, “It is very disconcerting that the FEC is incapable of carrying out any enforcement actions.”

The group accused Rep. Alexandria Ocasio-Cortez, a New York Democrat, of improperly using campaign funds to pay a psychiatrist. That complaint remains unresolved. Her office and campaign did not respond to requests for comment.

“We are hobbled”

The FEC’s breakdown followed several commissioner departures during Trump’s return to the White House. Republican Sean Cooksey resigned in January 2025 to become a senior attorney for Vice President JD Vance. Weeks later, Trump removed Democratic Chairwoman Ellen Weintraub, who had served since 2002 and challenged the legality of her dismissal.

Republican Allen Dickerson subsequently resigned, and Republican Trey Trainor also left, ultimately leaving only two commissioners, both Democrats. For the first time since the FEC was established in 1974 following the Watergate scandal, neither major party had a representative on the commission.

“Other people report that we’re hobbled, and I hate to agree with it, but we are hobbled,” Broussard said.

Trump nominated two Republicans in February, but the Senate has yet to hold hearings on either nominee.

The resulting deadlock has blocked requests from lawmakers across the political spectrum. Rep. Mike Levin, a California Democrat, sought an investigation into allegations that Hungary’s government funneled money to the Conservative Political Action Conference. Broussard replied that complaints “cannot proceed through the enforcement process.” In June, she and Democratic Commissioner Dara Lindenbaum gave Republican Rep. Lauren Boebert a similar response.

The commission has also been unable to address emerging campaign finance questions. Rep. Mike Thompson, a California Democrat, asked whether candidates and political committees trading on prediction markets such as Kalshi might trigger disclosure requirements.

Broussard responded that the FEC “is currently unable to commence rulemakings or to issue advisory opinions.”

Thompson warned that prediction markets “can be easily manipulated by wealthy special interests” and said Congress and the FEC “should be tackling this emerging issue now.”

Sen. Elissa Slotkin, a Michigan Democrat, also sought guidance last year on whether campaign funds could cover legal defense costs “if the senator is sued for something that happens in the course of her official employment,” according to emails. Her spokesperson said the inquiry concerned campaign funds and Senate-authorized liability insurance, adding that no lawsuit was anticipated.

Record spending raises concerns

The FEC’s paralysis comes as political advertising spending is projected to reach a record $11.6 billion in 2026, according to AdImpact—about $400 million more than in 2024, a presidential election year.

Much of the money is difficult to trace. Hundreds of millions of dollars have moved through political groups that do not disclose their donors, including super PACs established shortly before elections.

Campaigns continue filing complaints despite the commission’s inability to act. In Texas, Democratic Senate nominee James Talarico’s campaign accused Republican Ken Paxton of improperly spending dark money; the groups involved say they comply with the law. In Nebraska, conservative critics accused independent Senate candidate Dan Osborn of misusing campaign and PAC funds. His campaign called the allegations politically motivated.

Without a functioning commission to interpret and enforce the rules, political campaigns must navigate uncertain legal boundaries themselves, said Craig Holman, Public Citizen’s lobbyist on ethics and campaign finance.

“We’ve got no one that can judge the merits of what’s going on, enforce the law and provide guidance to candidates and political committees that seriously want it,” Holman said. “So everyone knows you can do whatever you want this time around.”