**FEC Seal**

HOME / ABOUT THE FEC / COMMISSIONERS / FORMER COMMISSIONERS / COMMISSIONER DAVID M. MASON / SPEECHES AND ARTICLES



Statement of David M. Mason

Nominee, Federal Election Commission

before the

Senate Committee on Rules



July 21, 1998



Senator Warner, Senator Ford and members of the committee, I am deeply honored to
appear before you today in connection with my nomination to be a Member of the Federal
Election Commission.

At the outset I would like to acknowledge the presence of most of my family, my parents
John and Frances, my wife Margaret, my six children, and my brother and sister-in-law. I
want to thank my wife an my parents especially for the support they have given me in every
task and at every time in my life.

I would like to thank also the Chairman of the committee who was one of my first
political mentors, who demonstrated vividly in his own actions at an especially critical
time the virtue of magnanimity. He showed me, among many things, that as important and
serious as the business of politics and government are, there can and should be moments of
pleasure, even fun. And he demonstrated how personal civility and grace can help solve
difficult and contentious disputes. I certainly hope to emulate these virtues should the
Senate see fit to confirm my nomination.

I should lastly thank the Majority Leader, who is also a former employer and mentor,
and the junior Senator from Kentucky for their support and guidance as I sought this
appointment.

The task of self-government is central to the foundation and continuing existence of
the United States. In most instances, Americans govern themselves through elections. Thus,
conducting and regulating elections is the most fundamental and necessary task for the
government of a free people. The legitimacy of every other action of the government relies
upon the basis of free, fair and honest elections. The Federal Election Commission plays a
critical role in this process by regulating the financing of federal elections in order to
prevent corruption or the appearance of corruption. Financial corruption in fact, and its
appearance in faith, undermines and ultimately can destroy self government. Its prevention
and punishment is as important as anything else the government does. Thus, I am honored,
and even humbled by the trust represented by my nomination.

It has been a great privilege for me to have spent now twenty years in public service
and public policy: in campaigns, as a political party officer, as a staffer in the Senate
and House, as an executive branch official, and in studying and commenting upon the public
policy process. From all of these experiences I hope to bring something of value to the
considerations and operations of the FEC.

I know that every Member of this committee places a faithful adherence to the
Constitution foremost among their duties as government officials, and I want to assure you
that the Constitution, especially the First Amendment, will be the lodestone and guide
star for my decisions at the Commission. I take that duty to the Constitution to apply not
only in cases of direct orders and interpretations of federal courts, but also to my own
best judgment in any matter that comes before the Commission.

Secondmost in the hierarchy of obligations as a member of the Federal Election
Commission must be compliance with Congressional directives and intent. The job of the
FEC, as with all regulatory agencies, is to execute the law, not to make it. Assuming I am
confirmed, I will take it as my duty to execute and enforce the law exactly and only as
passed by Congress and approved by the President.

In preparing for potential service as a Commissioner at the FEC, I have heard two
general concerns about the agencys operations: one, the pace of action, particularly
on enforcement matters; and, two, the frequency with which agency regulations or
enforcement decisions are overturned by federal courts. While I am not in a position to
confirm the validity of these complaints or to make a judgment about their causes, these
concerns have been raised with sufficient frequency that I can highlight them as issues on
which I will focus intently if confirmed.

In addition to examining these matters in the context of current FEC procedures, I have
already begun, on a very preliminary basis, to discuss with Members of other independent
regulatory agencies how they handle similar problems. The Securities and Exchange
Commission, for instance, is similar to the FEC in enforcing a regulatory regime based
principally on public disclosure. The International Trade Commission has in common with
the FEC a six-member structure divided based on partisan affiliation, along with a
rotating, and consequently weak, chairmanship. The Federal Communications Commission
shares challenges of regulating in areas protected by the First Amendment. The Federal
Trade Commission, like the FEC, has concurrent jurisdiction with the Department of Justice
in many cases. By comparing procedures and practices at these and other regulatory
agencies, we may be able to come up with promising approaches for the Federal Election
Commission.

Current Members of the Commission have themselves raised the volume and backlog of
enforcement matters as a concern, and have recommended various steps to address the
problem. One approach which appears particularly promising is the adoption of a
traffic-ticket-like schedule of fines for minor violations. Because such a system would
likely require legislation to be effective, I would hope to report back to this Committee
on that concept after I have had the opportunity to review pending enforcement cases.

The Commission has recently dismissed numerous stale or low priority enforcement cases
in batches, an approach which no one finds fully satisfactory. At least one recent court
decision challenges the adequacy of the Commissions dismissal procedures. Most
incumbent commissioners have cited a lack of adequate personnel and other resources as
requiring difficult decisions in this regard, while many outside critics have questioned
whether there may be problems with the Commissions enforcement priority system, or
with its investigative procedures. Here again, I intend to attempt to draw some
conclusions about this problem in fairly short order, and to work with my fellow
Commissioners to resolve them, or to report back to this Committee and its House
counterpart if legislation appears necessary.

As for the judicial record, it would be my hope to have the commission focus on
"meat and potatoes" enforcement cases: to address the most clear and obvious
violations of federal election laws in first order. Particularly in view of the First
Amendment issues involved in many FEC matters, I do not believe the Commission should be
overly aggressive in pushing novel legal theories. Rather, we should err on the side of
free discussion, especially when activities are disclosed. In fact, seeking ways to expand
and improve disclosure may be more effective in improving enforcement than bringing
lawsuits after the fact.

In the areas of coordination and issue advocacy in particular, there are already a
number of judicial actions pending which may provide the Commission with some more
definitive guidance even within the next year.

The Commission has also already raised concerns about the possibility that presidential
candidates in the year 2000 may encounter delays in matching fund payments given projected
balances in the campaign fund. This is another area in which legislation may well be
necessary, I know the Commission will be communicating with the Congress about this issue
on a continuing basis.

Finally, it is my hope as a Commissioner to explore some ways to address the very
legitimate public concern about elections, their effectiveness in directing government
policy, and about the role of money in politics. It is my view that recent debates about
political reform have been too narrowly focused on financing, and that whatever changes
may be effected by changing financing rules will not fully address the broad concerns
about our political system and how it works. While the FECs regulatory
responsibilities are nearly exclusively in the areas of financing and financial reporting,
I hope to participate in broader discussions about how our political system operates in
hopes of better informing the public and of encouraging more vigorous participation in
political life.