For question 1: Because the FEC has nobody in charge. There are only three commissioners, and all of them have terms that expired years ago. The current President has made only one appointment.
The commission still operates, but it's not large -- only about 300 employees to monitor all Federal election activity.
The power vacuum at the top has existed since before then. Commissioners' terms started expiring, without being replaced, in 2007. It's practically impossible for them to devote resources to new things like online activities.
And the organization has always been under-staffed. Investigating a charge is difficult. They have to prove their case in order to sanction anybody -- and they have limited power to act even when they do. Fines in the tens of millions of dollars are couch-cushion money for wealthy donors. Or the organizations simply disappear.
The organization has its hands full just managing the many, many campaign committees that are actually complying with the law (or trying to). Its ability to track down violations is limited, and growing more limited by the day.
>Its ability to track down violations is limited, and growing more limited by the day.
I hate to actually don a tin foil hat given the title of this particular HN submission, but is it not possible that this is all by design?
I mean, aren't politicians the ones who are, at once, in charge of making sure that organization is effective, and at the same time beneficiaries of any ineffectiveness in that same organization? So if it's effectiveness has been eroded over the past, say 20 or 30 years, and it has, obviously the politicians benefit. Or more precisely, the various political machines these politicians and campaigns are a part of benefit.
It is very much by design. Even before the current situation, it had been a tradition to appoint commissioners in pairs, one from each party, resulting in deadlocks.
The situation has always been precarious, but especially for the last decade, during which some have benefited more than others.
The commission still operates, but it's not large -- only about 300 employees to monitor all Federal election activity.