The Democratic National Committee (DNC), DSCC, and DCCC have filed a lawsuit against President Donald Trump and other officials, challenging an executive order that they claim threatens the independence of the Federal Election Commission (FEC).

The lawsuit, filed on February 28, 2025, in the U.S. District Court for the District of Columbia, alleges that Executive Order 14215, issued by President Trump on February 18, 2025, violates the Federal Election Campaign Act (FECA) and undermines the FEC’s statutory independence.

Key points of the lawsuit include:

• Executive Order 14215 asserts that the President and Attorney General’s legal opinions are controlling for all executive branch employees, including FEC commissioners.
• The plaintiffs argue this violates FECA provisions granting the FEC exclusive jurisdiction to administer and interpret campaign finance law.
• The Democratic committees claim the order would allow the President, as head of the opposing political party, to dictate FEC interpretations of law to disadvantage Democratic campaigns.
• The lawsuit seeks a declaration that FECA’s provisions empowering FEC commissioners to exercise independent judgment are constitutional, contrary to the executive order’s implications.

The order appears to infringe on Congress’s authority to structure independent agencies. For nearly a century, the Supreme Court has held that Congress can insulate certain agencies from direct presidential control, especially those that perform quasi-judicial and quasi-legislative functions.

The order challenges longstanding Supreme Court precedent, particularly Humphrey’s Executor v. United States (1935), which upheld Congress’s power to create independent agencies with leadership removable only for cause.

The executive order signed by President Trump has several implications for the Federal Election Commission (FEC):

1. Inclusion in OIRA Review: The FEC is now required to submit any “significant regulatory action” for review by the Office of Information and Regulatory Affairs (OIRA) before publication in the Federal Register.
2. White House Oversight: The FEC must now consult and coordinate policies and priorities with the White House, including the Domestic Policy Council and National Economic Council.
3. White House Liaison: The FEC is required to establish a White House liaison position within the agency to ensure alignment with the executive branch.
4. Budget Control: The Office of Management and Budget (OMB) now has the authority to review and adjust the FEC’s spending obligations to align with presidential priorities.
5. Legal Interpretation: The order asserts that only the President and Attorney General may provide authoritative interpretations of law for the executive branch, which could potentially affect the FEC’s ability to issue binding advisory opinions on questions of law under its jurisdiction.
6. Regulatory Agenda: The FEC will likely be required to submit an annual regulatory agenda to OMB, identifying all regulations under development or review.

The order threatens the FEC’s statutory independence by requiring commissioners to follow the President’s and Attorney General’s legal interpretations rather than exercising their own judgment. This fundamentally alters the bipartisan structure Congress established to ensure impartial administration of campaign finance laws. By giving the President control over FEC legal interpretations, the order creates the possibility for a sitting president to manipulate campaign finance rules to benefit their own party and disadvantage opponents.

By potentially allowing a president to unilaterally restructure campaign rules and adjudicate disputes to disadvantage electoral competitors, the order threatens the credibility and fairness of the entire campaign finance regulatory system. This could have far-reaching consequences for American democracy and the integrity of elections.

Critics argue that the order disrupts the system of checks and balances by consolidating too much power within the executive branch, potentially enabling unchecked executive actions.

The Federal Election Commission (FEC) is an independent regulatory agency responsible for administering and enforcing federal campaign finance laws. Its structure and purpose are designed to ensure fairness and transparency in the electoral process:

Structure

• The FEC is led by six commissioners appointed by the President and confirmed by the Senate.
• No more than three commissioners can be from the same political party, ensuring bipartisan representation.
• Commissioners serve six-year terms, with two seats subject to appointment every two years1.
• At least four votes are required for the Commission to approve official actions, necessitating bipartisan decision-making.

Purpose

The FEC’s primary responsibilities include:

1. Providing transparency by disclosing campaign finance information.
2. Enforcing limits and prohibitions on contributions.
3. Overseeing the public funding of Presidential elections.

The FEC’s independence is crucial because:

• It allows for impartial enforcement of campaign finance laws across party lines.
• It helps maintain public trust in the integrity of the electoral process.
• It prevents potential abuse of power by the current administration to influence election outcomes.