Bush makes nominations to FEC, seeks to break deadlock -- GOPUSA

Bush makes nominations to FEC, seeks to break deadlock
By JIM KUHNHENN
Associated Press
May 7, 2008

WASHINGTON (AP) -- President Bush sent the Senate a new slate of Federal Election Commission nominees Tuesday, an attempt to break a Senate confirmation deadlock that was greeted coolly by the Democratic leader.

Bush nominated two new Republicans and one new Democrat to the FEC. But he resisted efforts to withdraw the nomination of Hans von Spakovsky, a former Justice Department official who does not have Democratic support to win confirmation.

The stalemate has left the six-member FEC without a quorum to conduct business despite record fundraising by presidential candidates and the emergence of outside groups that have been testing the limits on advocacy regulations.

The White House said Tuesday it would accept a separate vote on von Spakovsky. But Republicans have been unwilling to let von Spakovsky face an up-or down vote, certain that his confirmation would fail.

Bush also withdrew the nomination of current FEC Chairman David Mason, who had clashed in the past with like Republican presidential nominee John McCain.

The reaction from Senate Democratic Leader Harry Reid's office did not suggest an easy end to the current confirmation tangle.

''By abandoning Mr. Mason and instead sticking by Mr. von Spakovsky, the White House has abandoned experience and independence for partisan loyalty,'' Reid spokesman Jim Manley said. ''That is the White House's choice. It is a regrettable one. Nonetheless, we will work towards the confirmation of the remaining nominees and expect to defeat Mr. von Spakovsky.''

Democrats have objected to von Spakovsky's tenure at the Justice Department, where he had oversight on voting rights matters.

Bush's new nominees are Democrat Cynthia Bauerly, a lawyer who serves as legislative director for Sen. Charles Schumer, D-N.Y.; and Republicans Caroline Hunter, a former White House official and current member of the Election Assistance Commission, and Donald McGahn, who has served as counsel for the National Republican Congressional Campaign.

At Reid's request, the White House would permit one current commissioner, Democrat Ellen Weintraub, to remain on the commission as a holdover.

''This compromise is a blueprint for a fully functioning, bipartisan FEC -- a goal we all share -- and an end to the bottleneck created by the Democrats' opposition to one well-qualified nominee,'' Senate Republican leader Mitch McConnell said in a statement.

The FEC faces unfinished business that includes final action on regulations governing candidate air travel as well as new rules on lobbyist fundraisers and joint advertising by national parties and federal candidates.

Also pending is action on McCain's decision to bypass public matching funds during the primary. Mason had informed McCain that he needed the approval of the commission before withdrawing and needed to explain the terms of a loan he obtained before he surged to victory in the early primaries. Without a quorum, the FEC was unable to act.

Fred Wertheimer, president of the political watchdog group Democracy 21, decried Mason's removal as a nominee.

''The only apparent reason for President Bush to drop Commissioner David Mason at this stage ... is to prevent him from casting an adverse vote against Senator McCain on important enforcement questions pending at the commission,'' Wertheimer said.

White House chief of Staff Joshua Bolten notified Reid of the new slate in a letter late Tuesday. The offer came after Reid last week suggested restarting the nominating process in order to have a functioning FEC.

''We would accept a vote on the entire package or up or down votes on each nomination,'' said White House spokeswoman Emily Lawrimore.

White House officials didn't draw attention to their offer, releasing the new lineup of nominees early Tuesday evening as the political world awaited the results of the Democratic presidential primaries in Indiana and North Carolina.

The White House views that as a potential breakthrough -- Republicans had insisted that all FEC nominees be voted on as a package.

Reid has long proposed holding separate, simple majority votes on each nominee because of Democratic opposition to von Spakovsky.

Still, in the letter to Reid, Bolten said, ''The package does not include a withdrawal of Hans von Spakovsky, whom we believe would be confirmed by the Senate if allowed a vote.'' Bolten said von Spakovsky's performance as a commissioner bodes well for his candidacy.

Bolten said the White House hopes to have a fully functioning FEC by Memorial Day.

Von Spakovsky, and Democrats Steven Walther and Robert Lenhard had been serving short terms after Bush appointed them during a congressional recess. But those appointments expired at the end of 2007. Lenhard withdrew from the nomination process during the recent impasse. Walther, like von Spakovsky, is now awaiting confirmation.

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Associated Press Writer Ben Feller contributed to this report.