In this post, I stated that under the proposed new FEA, appointed commissioners “could not have served on the FEC.” As a reader informed me, this is not accurate. Only those FEC commissioners who have been subject to term limits (i.e., more recent FEC commissioners) would be ineligible to serve. (UPDATE: CCP calls it “the Potter exception”.) Here is the relevant provision:

`SEC. 352. COMPOSITION OF THE FEDERAL ELECTION ADMINISTRATION.
“(a) In General.–The Administration shall be composed of 3 members, 1 of whom shall serve as the Chair of the Administration. No member of the Administration shall–
“(1) be affiliated with the same political party as any other member of the Administration while serving as a member of the Administration; or
“(2) have been affiliated with the same political party as any other member of the Administration at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Administration.
“(b) Appointment.–
“(1) IN GENERAL.–Each member of the Administration shall be appointed by the President, by and with the advice and consent of the Senate.
“(2) CHAIR.–The President shall, at the time of nomination of the first 3 members of the Administration, designate 1 of the 3 to serve as the Chair. Any individual appointed to succeed, or to fill the unexpired term of, that member (or any member succeeding that member) shall serve as the Chair.
“(3) QUALIFICATIONS.–
“(A) An individual who is appointed under paragraph (1) shall–
“(i) possess demonstrated integrity, independence, and public credibility; and
“(ii) shall have not less than 5 years professional experience in law enforcement, including such experience gained–
“(I) in service as a member of the judiciary;
“(II) as a member or an employee of a Federal, State, or local campaign finance or ethics enforcement agency; or
“(III) as a law enforcement official in a Federal or State enforcement agency or office.
“(B) An individual may not be appointed under paragraph (1) if–
“(i) such individual is serving or has served as a member of the Federal Election Commission subject to a term limit; or
“(ii) at any time during the 4-year period ending on the date of the nomination of such individual, the individual was–
“(I) a candidate, an employee of a candidate, or an attorney for a candidate;
“(II) an elected officeholder, an employee of an elected officeholder, or an attorney for an elected officeholder;
“(III) an officer or employee of a political party or an attorney for a political party; or
“(IV) employed in a position in the executive branch of the Government of a confidential or policy-determining character under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.