Trump Fires FEC Chair Ellen Weintraub; she is contesting the legality of her dismissal.

February 7, 2025

In a significant development , President Donald Trump dismissed Ellen Weintraub, the Chair of the Federal Election Commission (FEC). Weintraub, a Democrat who has served on the FEC since 2002, received a letter from the President dated January 31, informing her of her immediate removal. The letter stated, “You are hereby removed as a Member of the Federal Election Commission, effective immediately.” 

Weintraub has contested the legality of her dismissal, asserting that the President does not possess the authority to unilaterally remove FEC commissioners. She emphasized that commissioners are appointed by the President and confirmed by the Senate for fixed terms, and can only be removed under specific circumstances. Weintraub’s term expired in 2007, but she continued to serve in a holdover capacity, as permitted by law, until a successor is confirmed. 

The FEC is an independent regulatory agency responsible for enforcing federal campaign finance laws. It is composed of six commissioners, with no more than three members from the same political party. A minimum of four votes is required for any official action, ensuring bipartisan agreement. Weintraub’s removal reduces the number of commissioners to four, the minimum required for a quorum, potentially impacting the agency’s functionality. 

Weintraub has been a vocal critic of President Trump’s unsubstantiated claims of widespread voter fraud. In 2019, she publicly challenged the President to provide evidence supporting his allegations, asserting that such claims undermine public confidence in the electoral process. This stance has led to tensions between her and the administration. 

In response to her dismissal, Weintraub stated, “There’s a legal way to replace FEC commissioners—this isn’t it.” She has expressed her intention to remain in her position and continue her work at the FEC, pending proper legal procedures for her replacement. 

Legal experts and campaign finance advocates have criticized the President’s action as unlawful. Trevor Potter, a former Republican FEC chair and president of the Campaign Legal Center, stated, “In claiming to fire a commissioner of the Federal Election Commission, the president violates the law, the separation of powers, and generations of Supreme Court precedent.” 

The situation remains dynamic, with potential legal challenges anticipated as Weintraub contests her removal. The outcome of this dispute could have significant implications for the independence and operation of the FEC, as well as for the broader landscape of federal election oversight.