Federal Election Commission unable to enforce campaign finance law ahead of midterms

The Federal Election Commission remains functionally paralyzed ahead of the 2026 midterms due to a prolonged lack of a voting quorum, leaving campaign finance rules unenforced. Amid regulatory shifts allowing super PACs to coordinate get-out-the-vote drives, Republicans rely heavily on billionaire-backed super PACs, while Democrats rely primarily on direct candidate fundraising. Simultaneously, the Department of Justice faces legal setbacks in demanding state voter rolls, as federal election security funding cuts shift cybersecurity burdens onto state officials.

FEC operational paralysis

• ▪The Federal Election Commission has been unable to advise campaigns or investigate alleged violations for a year and a half because it lacks a quorum to hold a vote.
• ▪The Federal Election Commission lacks enough members to enforce campaign finance rules, leaving disclosure requirements and spending limits unenforced ahead of the 2026 midterm elections.
• ▪The system of campaign finance limits established after Watergate has largely broken down ahead of the 2026 midterms, allowing both political parties expanded avenues to raise money.

Republican super PAC dominance

• ▪Voter anger over billionaire megadonors in politics crosses party lines and is driving a broader lack of trust in the U.S. political system, according to the Brennan Center for Justice.
• ▪Billionaire-funded super PACs are funding massive last-minute advertising blitzes and get-out-the-vote operations for Republican campaigns in the 2026 midterm elections.
• ▪Republicans are relying heavily on super PACs bankrolled by megadonors and billionaires to stay competitive during the 2026 midterm election cycle.

Democratic candidate fundraising

• ▪While Democrats primarily rely on broad-based candidate campaigns for the 2026 midterms, the party also receives funding from its own megadonors.
• ▪Democratic candidates are primarily relying on traditional candidate-led fundraising, with individual candidates outraising their Republican opponents in the 2026 midterm cycle.

Super PAC regulatory changes

• ▪Super PACs historically avoided direct involvement in get-out-the-vote drives because campaign finance rules prohibited coordination with candidate campaigns.
• ▪Regulatory decisions by the Federal Election Commission made it easier for super PACs to coordinate directly with candidate campaigns on get-out-the-vote efforts.

DOJ voter roll lawsuits

• ▪A federal judge dismissed the Department of Justice lawsuit against West Virginia in July 2026, ruling the department lacked a legal basis to demand state voter data.
• ▪No U.S. court has ruled in favor of the Department of Justice in its lawsuits seeking sensitive state voter roll data.
• ▪The Department of Justice filed lawsuits against multiple states, including West Virginia, for failing to submit their sensitive voter rolls to federal authorities.

Federal election security cuts

• ▪Federal funding cuts forced the Election Infrastructure-Information Sharing and Analysis Center to temporarily close before transitioning under the non-profit Center for Internet Security.
• ▪The Trump administration significantly reduced federal election security funding, forcing state and local election offices to take greater responsibility for securing voting systems.
• ▪The Cybersecurity and Infrastructure Security Agency and the FBI issued a joint warning on October 16, 2026 regarding artificial intelligence-boosted attempts to steal sensitive election data.