Sec. 6002. Membership of Federal Election Commission
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Section 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the second and third sentences and inserting the following: The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall by treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission.
A majority of the number of members of the Commission who are serving at the time shall constitute a quorum, except that 3 members shall constitute a quorum if there are 4 members serving at the time. . The second sentence of section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking affirmative vote of 4 members of the Commission and inserting affirmative vote of a majority of the members of the Commission who are serving at the time . Such Act is further amended by striking affirmative vote of 4 of its members and inserting affirmative vote of a majority of the members of the Commission who are serving at the time each place it appears in the following sections:
Section 309(a)(2) ( 52 U.S.C. 30109(a)(2) ). Section 309(a)(4)(A)(i) ( 52 U.S.C. 30109(a)(4)(A)(i) ). Section 309(a)(5)(C) ( 52 U.S.C. 30109(a)(5)(C) ). Section 309(a)(6)(A) ( 52 U.S.C. 30109(a)(6)(A) ). Section 311(b) ( 52 U.S.C. 30111(b) ). Section 306(a) of such Act ( 52 U.S.C. 30106(a) ) is amended by striking (other than the Secretary of the Senate and the Clerk of the House of Representatives) each place it appears in paragraphs
(4)and (5). Section 306(a)(2) of such Act ( 52 U.S.C. 30106(a)(2) ) is amended to read as follows: Each member of the Commission shall serve for a single term of 6 years. Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. An individual who served a term as a member of the Commission may not serve for an additional term, except that— an individual who served a 3-year term under subparagraph
(B)may also be appointed to serve a 6-year term under subparagraph (A); and for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph
(D)shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. A member of the Commission may continue to serve on the Commission after the expiration of the member’s term for an additional period, but only until the earlier of— the date on which the member’s successor has taken office as a member of the Commission; or the expiration of the 1-year period that begins on the last day of the member’s term. . Section 306(a)(3) of such Act ( 52 U.S.C. 30106(a)(3) ) is amended to read as follows: The President may select an individual for service as a member of the Commission if the individual has experience in election law and has a demonstrated record of integrity, impartiality, and good judgment. Prior to the regularly scheduled expiration of the term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a term, the President shall convene a Blue Ribbon Advisory Panel, consisting of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection. With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel’s recommendations for such nominations. The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. .
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