The statement from Michael Toner is here. As I recently noted, other members of the FEC were appointed as recess appointees, and I have heard nothing indicating whether or not they would be confirmed by the new Congress. Commissioner von Spakovsky, readers of this blog may recall, has been involved in some controversy and could potentially face problems if put up for confirmation.
Meanwhile, former FEC chair Trevor Potter will serve as John McCain’s general counsel in his expected presidential campaign.
UPDATE: Apparently the recess appointees may serve until the end of the first session of the next Congress, in 2007. On November 20, Political Money Line reported:

In a rare bit of media outreach FEC Chairman Michael Toner has proved the Federal Election Commission is a bipartisan commission not a nonpartisan commission. As his one-year rotating chairmanship ends, Toner was quoted in several news outlets as commenting on Hillary Clinton’s fundraising and spending in the New York Senate race as a precursor to 2008. “It may be that Clinton is spending so heavily in New York to try to accomplish the kind of landslide reelection that President Bush enjoyed in 1998,” he said. “The president’s 1998 race helped lay the groundwork for a successful presidential campaign in 2000. History may be repeating itself.”
Such statements about federal candidates are unheard of from sitting FEC Commissioners. However, Republican Toner’s term expires in April 2007 and he cannot be reappointed. Some view Toner’s comments as an effort to link up with a future Republican presidential campaign, possibly resigning early. He will take with him the knowledge of all current investigations, audits, and pending civil penalties. Toner had been Chief Counsel to the Republican National Committee. Democratic Commissioner Ellen Weintraub remains until her term ends in April 2007. She cannot be reappointed. If she returns to the Perkins Coie laws firm that handles numerous Democratic clients, she will also take with her the knowledge of all current investigations, audits and pending civil penalties.
Three other Commissioners who have been nominated but not confirmed by the Senate may serve another year. Republican FEC Commissioner Hans A. von Spakovsky, Democratic Commissioner Robert D. Lehnard and Democratic Commissioner Steven T. Walther were recess appointments made in 2006 that would have to depart at the end of the first session of the 110th Congress. These three have been nominated but not confirmed by the Senate.
Due to the rotating chairmanship, in his first year on the Commission Lenhard is serving as Vice Chairman and will serve as chairman in 2007, even without having been confirmed by the Senate.
Republican Commissioner David Mason remains in place although his term ended in 2003. He has been re-nominated but not confirmed by the Senate.