Congress structured the FEC in such a way as to curb its authority and enforcement powers. Congress wanted an agency that would enforce the law, but it did not want an overly powerful or autonomous agency. Accordingly, Congress limited its jurisdiction, curbed its enforcement authority, and created a laborious enforcement process that makes it difficult for the Commission to act quickly or contrary to the interests of one of the major parties. Congress also denied the FEC the authority to investigate anonymous complaints and the ability to conduct random financial audits of candidates.
For the Commission to impose a civil penalty, it must reach an agreement with the respondent in the conciliation process. Absent an agreement, the Commission may not impose a sanction, but must instead seek a sanction from the court. All criminal prosecutions must be referred to and pursued by the Justice Department.
Some advocates for reform have recommended that changes to the FEC include strengthening the enforcement powers and altering the structure of the Commission to enable a tie-breaking vote. Senators McCain and Feingold and Congressmen Shays and Meehan introduced legislation in July of 2003 calling for a new "Federal Elections Administration" to replace the FEC. This new FEA would have three members with the chair serving a 10-year term and the two other Commissioners (each from a separate political parties) serving six-year terms. The new agency would also have substantially strengthened enforcement powers.
In July of 2004, Senator Lott (R-MS) scheduled hearings on the FEC and voices support for changing the structure of the FEC to prevent future tie votes.
