Scott E. Thomas
Biography
Commissioner Thomas began his service at the FEC as a legal intern during the summer of 1975. The Commission had just opened its doors in the wake of the Watergate scandal and related congressional hearings. Upon graduating from law school in 1977, Mr. Thomas worked on the FEC’s legal staff, eventually serving as an Assistant General Counsel in the Enforcement Division. In 1983, he became Executive Assistant to then Commissioner Tom Harris, a Democrat and one of the original FEC commissioners.
In 1986, with Commissioner Harris retiring, President Reagan appointed Mr. Thomas to the remainder of a six-year term. He was reappointed in 1991 by President Bush, and reappointed again by President Clinton in 1997.
Commissioner Thomas served as FEC Chairman in 1987, 1993, and 1999. He served as Vice Chairman and Finance Committee Chair in 1992 and 1998. He also has served on the Regulations Committee, the Litigation Committee, and the Commission Operations Review Committee. He has focused over the years on improving the enforcement process through the Enforcement Priority System and adequate staffing, restricting the use of ‘soft money’ through the Commission’s allocation regulations, and streamlining Commission audit, reports analysis, and disclosure procedures.
Commissioner Thomas hails from Wyoming where he graduated from Lander Valley High School in 1970. He received a degree in political science from Stanford University in 1974, and graduated from Georgetown University Law Center in 1977.
Statements and opinions
Advisory opinions
- Dissenting Opinion in AO 2005-10, Berman and Doolittle, (re: Solicitations by federal candidates/officeholders (FEC should not have allowed re CA ballot measure election)), September 2005 (PDF)
- Concurring Opinion in AO 2004-43, Missouri Broadcasters Assn., (re: Contribution -- what is, what is not (broadcasters could give LUC because 'stand by your ad' disclaimer adequate)), February 2005 (PDF)
- Concurring Opinion in AO 2003-25, Weinzapfel for Mayor Committee (re: Promote, Support, Attack or Oppose (non-federal candidate's ad featuring federal candidate's endorsement)), November 2003 (PDF)
- Concurring Opinion in AO 2001-17, Democratic National Committee (re: Allocation of hard and soft money (rules for splitting and depositing big checks)), January 2002 (PDF)
- Dissenting Opinion in AO 2000-17, Extendicare (re: Foreign nationals (foreign nationals impermissibly allowed to participate in subsidiary’s PAC activities)), August 2000 (HTML)
- Statement for the Record in AO 2000-16, Third Millenium (re: Nonpartisan activity exemption (Internet ads distributed for voter participation project permissible)), August 2000 (HTML)
- Concurring Opinion in AO 2000-07, Alcatel USA, Inc. (re: Solicitation restrictions (not improper solicitation where corporation makes clear its policy of not accepting contributions from those outside restricted class)), June 2000 (PDF)
- Dissenting Opinion in AO 1999-28, Bacardi-Martini USA, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), November 1999 (PDF)
- Dissenting Opinion in AO 1989-29, GEM of Hawaii, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), March 1990 (PDF)
- Statement for the Record in AOR 1994-04, Chamber of Commerce(re: "Member" definition (certain persons did not qualify as members)), October 1994 (PDF)
Audits
- Legislative Recommendations Regarding the Presidential Public Funding Program, February 9, 2005 (PDF)
- Statement for the Record, Requests to Deny Certification of Public Funds to Patrick J. Buchanan (re: Public funding (Buchanan had made adequate showing for entitlement to minor party public funding)), October 2000 (PDF)
- Statement for the Record, Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Party coordinated expenditures (colleagues undermined law by denouncing longstanding standard)), July 1999 (HTML)
- Statement for the Record, Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Public funding (colleagues wrong interpreting statute to preclude repayment for excessive spending in primary)), December 1998 (HTML)
Enforcement
- MUR 5573, Westar Energy Inc., Richard Bornemann, et al. (re: Facilitation (lobbyist's solicitation activity was on behalf of corporate clients, not individual volunteer activity)), August 2005 (PDF)
- MUR 5491, Jerry Falwell Ministries, Inc. and Liberty Alliance, (re: Enforcement Policy (appropriate to not pursue independent internet activity when regulations give 'total carve out' to coordinated internet activity)), July 2005 (PDF)
- MUR 5519, Orgeon-Washington Veteran Action Committee, Inc. (Alternative Dispute Resolution (case should not have been referred to ADR since resolution would have required investigation)), May 2005 (PDF)
- MUR 5461, FantheVote.com, Kerry for President, et al. (re: Coordination (No evidence of "coordinated communication" re website, and OGC should have recommended 'no RTB' rather than 'dismissal'), April 2005 (PDF)
- MUR 5381, Utah League of Credit Unions et al. (re: "Member" definition (OGC erroneously suggested members of credit unions could be treated as members of trade association)), February 2005 (PDF)
- MUR 5181, Spirit of America PAC; Ashcroft 2000, et al. (re: Contribution -- what is, what is not (excessive in-kind contribution through mailing list and its use)), December 2003 (PDF)
- MURs 5146, 5154 and 5024 Michigan Democratic State Central Committee, Sierra Club, Inc and Council for Responsible Govt, Inc.(re: "Express Advocacy" -- (failure to find express advocacy and failure to be consistent)), December 2003 (PDF)
- MUR 5315, Wal-Mart, Sam's Club, Elizabeth Dole 2002 (re: Enforcement Policy, Media Exemption (should not have been dismissed based on media exemption)), September 2003 (PDF)
- MUR 5369, Rhode Island Republican Party, Chafee for US Senate (re: Party Coordinated Expenditure (should not have been dismissed with 'no reason to believe' finding)), August 2003 (PDF)
- ADR 105, (re: "Political committee" status requiring reporting (local party group may have undertaken 'exempt activity' not requiring reporting)), June 2003 (PDF)
- MUR 5338, (re: Enforcement Policy (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003 (PDF)
- MUR 4533, (re: Affiliation (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003 (PDF)
- MURs 4530/4531/4547/4642/4909, DNC, John Huang, Charlie Trie, et al. (re: Foreign Nationals (basis for finding person liable for soliciting, accepting, or receiving foreign national contributions)), September 18, 2002 (PDF)
- MUR 5224, Boston Globe and WBZ-TV, (re: Press Exemptions (proper criteria for analyzing debate exclusion cases)), September 16, 2002 (PDF)
- MUR 5156, "The Muleshoe Incident" (re: Enforcement Policy (FEC wastes time and resources when it deviates from Enforcement Priority System recommendations and finds 'RTB but take no further action')), July 2002 (PDF)
- PreMUR 395, College Republican National Committee (re: "Political committee" status (recent facts indicate group should be reporting)), May 2002 (PDF)
- MUR 4982, Republicans for Clean Air et al. (re: Coordination (FEC should have investigated campaign's connections with group; "Political Committee" status (group's major purpose was to influence the 2000 presidential primary)), April 2002 (PDF)
- MUR 4994, Ashcroft Victory Committee, Michigan Senate 2000, New York Senate 2000, et al. (re: Enforcement Policy (should have found 'reason to believe' in order to clarify law); Party Coordinated Expenditures (ads clearly for purpose of influencing particular Senate elections)), December 2001 (PDF)
- MURs 4382 & 4401, Republican National Committee, Dole for President (re: Party coordinated expenditures (party's payment of candidate's advance costs should have been pursued as violation)), December 2001 (PDF)
- Pre-MUR 395, College Republican National Committee (re: Enforcement Policy (case involving failure to register, and report should not have been dismissed as 'stale'); "Political committee" status (national party group's failure to register and report)), November 2001, (PDF)
- MUR 4624, The Coalition, National Republican Congressional Committee, et al. (re: Coordination (coordination regulations prevented proper legal analysis; "Political committee" status requiring reporting (group formed by coalition of business groups to run ads should have been found to be a political committee)), September 2001 (PDF)
- MURs 5110 (Christian Broadcasting Network) and 5162 (ABC News et al.), (re: Media exemption (not every program broadcast over airwaves automatically is exempt from statute)), August 2001 (PDF)
- MUR 5100, McCallion for Congress (re: Reporting (candidate for primary must file pre-primary report even if nomination secure)), August 2001 (PDF)
- MUR 4944, Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (bank loan for candidate's home purchase not a contribution)), August 2001 (PDF)
- MUR 5033, Alexander for President (re: Contribution in the name of another (mere fact that several contributions from company employees are made on same date does not warrant 'reason to believe'finding against recipient committee)), June 2001 (HTML)
- MUR 5120, Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (alleged use of White House guest list to solicit contributions not a contribution)), May 2001 (HTML)
- MUR 4922, Suburban O'Hare Commission (re: "Express advocacy" (mailing touting Congressman and urging people to vote should have been deemed express advocacy)), February 2001 (HTML)
- MUR 4960, Clinton for Senate Exploratory Committee (re: Contribution -- what is, what is not (alleged use of federal government resources to move to candidate's new home not a contribution)), December 2000 (PDF)
- MUR 4291, AFL CIO et al. (re: Coordination (case should have been pursued using current, tougher standard of coordination)), September 2000 (PDF)
- MURs 4553, 4407 et al, Dole for President, RNC, Clinton for President, DNC (re: Coordination (reasons cited by colleagues for not finding coordinated expenditures were erroneous)), June 2000 (PDF)
- MURs 4553, 4407 et al, Dole for President, RNC, Clinton for President, DNC (re: Coordination (party ads were coordinated expenditures on behalf of presidential candidates)), May 2000 (PDF)
- MUR 4689, Dornan for Congress, Salem Radio Networks et al. (re: Media exemption (should have investigated whether stations violated Act where candidate was given control of talk shows)), February 2000 (PDF)
- MUR 4250, RNC, National Policy Forum, et al., January 2000 (re: Foreign nationals (guarantee of loan that resulted in funds for party should have been treated as contribution)), (PDF); (re: Reporting responsibility for related group (RNC should have been pursued for failure to report activity of group it formed and controlled)) (PDF)
- MUR 4378, NRSC, Montanans for Rehberg (re: Coordination (clear evidence of coordination)), August 1999 (PDF); (re: Party coordinated expenditures (coordination and electioneering message present)), August 1999 (PDF)
- MUR 4451 and 4473, Commission on Presidential Debates et al. (re: Debate sponsorship (Presidential debate sponsorship followed existing regulations requiring objective criteria for selecting participants)), April 1998 (HTML)
- MUR 4215, Michigan Democratic State Central Committee (re: Allocation of hard and soft money (state parties did not have to use national parties’ allocation formulas)), March 1998 (HTML)
- MURs 4491 (Citizens for Fair Representation), 4519 (Family Taxpayers’ Foundation), and 4563 (Renew New York PAC) (re: Enforcement policy (three cases involving important legal issues should not have been dismissed as ‘stale’)), January 1998 (HTML)
- MUR 4204, Americans for Tax Reform (re: Coordination (case should have been pursued as to at least one radio ad on basis of evidence of coordination; express advocacy (radio ad just before election should have been pursued as prohibited corporate expenditure)), December 1996 (HTML)
- MUR 3669, Christan Coalition et al., (re: "Political committee" status requiring reporting (group that spent millions to influence federal elections should have been sued for failure to report)), July 1996 (PDF)
- MUR 3486, General Electric et al. (re: Payroll deduction rights of union (corporate employer must make payroll deduction available where request is properly made)), June 1993 (PDF)
- MURs 3176 and 3167, Christian Coalition et al., April 1992 (PDF)
- MUR 2845, TWA (re: Payroll deduction rights of union (corporate employer must make payroll deduction available with reasonable promptness upon proper request)), September 1989 (PDF)
Rulemaking and litigation
- Statement re: Political Committee Rulemaking Proposal concerning allocation of hard and soft money (proposed regulation setting minimum 50% federal share); "Political committee" status (proposed regulation to define term using 'major purpose' and 'promote, support, attack or oppose' standards)), April 2004 (PDF)
- Statement for the Record, FEC v. Christian Coalition, (re: Coordination (FEC should have appealed district court decision finding certain communications not coordinated)), December 1999 (HTML)
- Statement for the Record, Nixon v. Shrink Missouri Government PAC (re: Litigation policy (FEC should have filed amicus pleading in Supreme Court case challenging contribution limits)), May 1999 (HTML)
- Statement of Reasons re: Dismissal, FEC v. Forbes Inc. (re: Media exemption (FEC should not have withdrawn suit alleging candidate-owned publication was making prohibited expenditures)), February 1999 (HTML)
- Statement for the Record, Common Cause and Addy v. FEC (suit involving complaint against Montana Republican Party et al.) (re: Litigation policy (proper to not appeal district court decision holding failure to pursue certain complaint allegations contrary to law)), June 1996 (PDF)
- Statement for the Record, Chamber of Commerce v FEC (re: "Member" definition (FEC should have sought Supreme Court review of ruling that FEC’s member rules were invalid)), May 1996 (HTML)
- Additional Statement for the Record, FEC v. GOPAC (re: "Political committee" status requiring reporting (FEC failure to appeal was inappropriate where majority had voted to bring case)), April 1996 (PDF)
- Statement for the Record, FEC v. GOPAC (re: "Political committee" status requiring reporting (FEC should have appealed erroneous district court decision defining term "political committee")), March 1996 (HTML)
Media and appearances
Articles
- Article, "The Presidential Election Public Funding Program-A Commissioner's Perspective," Campaign Finance Institute, Task Force on Financing Presidential Nominations, Winter 2003 [PDF]
- Article, "Beyond Silly -- What the Courts and the FEC Have Done to Congressional Reform Attempts" Practicing Law Institute Program, Corporate Political Activities 2002, Fall 2002 [PDF]
- Article, "Obstacles to Effective Enforcement of the Federal Election Campaign Act" (co-authored with Jeffrey H. Bowman) (re:Problems of resources, mandated procedures, and bad court decisions), Administrative Law Review, Washington College of Law at American University (copyrighted 1), Spring 2000 [HTML]
- Article, "Coordinated Expenditure Limits: Can They Be Saved?" (co-authored with Jeffrey H. Bowman) (re: How to regulate truly coordinated activity), Catholic University Law Review (copyrighted 2), Fall 1999 [HTML]
- Article, "Someone Is Not ‘Getting It.’ Is It the Courts or the FEC?" (re: FEC lititgation stategy), Glasser LegalWorks Seminars—Political Activity 2000 (copyrighted), October 1999 (no link available)
- Article, "Is Soft Money Here to Stay Under the 'Magic Words' Doctrine?" (co-authored with Jeffrey H. Bowman) (re: How to effectively regulate "express advocacy"), Stanford Law & Policy Review (copyrighted), Fall 1998 (no link available)
Testimony
- Testimony, before House Administration Committee (re: Regulation of Internet Political Activity), Washington, DC, September 2005 [PDF]
- Testimony, before Senate Committee on Rules and Administration (re: Regulation of 527 Groups), Washington, DC, March 2005 [PDF]
- Testimony, before Committee on House Administration (re: Regulation of 527 Groups), Washington, DC, May 2004 [PDF]
Speeches
- Speech, "The 'soft money' and 'issue ad' mess: How we got here, how Congress responded, and what the FEC is doing," (re: FEC's implementations of BCRA), Campaigns & Elections Election Law Compliance Seminar, Washington, D.C., Winter 2003 [PDF]
1
Reprinted from Administrative Law Review, Washington College of Law at American University and the Section of Administrative Law and Regulatory Practice of the American Bar Association, Volume 52, Number 2. The article appeared as part of the Symposium: Regulation of Politics at American University.
2
Reprinted from Catholic University Law Review Volume 49, Issue 1. The article appeared as part of the first annual Election Law Symposium at the Catholic University, Columbus School of Law. For information on the Symposium or on submitting articles to the Catholic University Law Review, please see www.law.edu and link to the Catholic University Law Review.