It is often said that detractors of the FEC overemphasize the number of 3-3 splits, especially along party lines. But I suggested in October that a new era of partisanship may be coming. (See also Larry Norton’s thoughts and see the subsequent non-advisory advisory opinion on the NRLC request.)
Here’s more evidence, in a longstanding complaint filed by CREW over the Chamber of Commerce, the FEC orignally found reason to believe the Chamber was violated the campaign contribution laws. Now, according to this letter the FEC has split 3-3 over what to do, so apparently it is doing nothing. And by not giving reasons, CREW is now worried the case will become barred by the statute of limitations. It has asked DOJ to get involved.
UPDATE: BNA offers this report ($). A snippet: “Most of the major 527 groups active in 2004 eventually paid fines to the FEC and went out of business. The latest development, however, indicates that some of the new set of FEC commissioners do not support taking action against Section 527 groups, according to Brett Kappel, an attorney with the firm Vorys, Sater, Seymour and Pease and an adviser to CREW. Kappel said it appeared that the three new Republican FEC commissioners are trying to roll back the commission’s previous interpretation of when a 527 organization qualifies as a political committee, which must live within the confines of federal campaign finance rules.”