The committee on rules and ministers will come to order grea good w morning to i want to think our colleagues for joining us today and i like to welcome our nominees to todays hearing and shauna broussard, sean cooksey and Alan Dickerson are the president s nominees to be member of the federal Elections Commission and as our witnesses are joining us remotely i also want to understand that their familyod and friends are watchig today and i welcome them as well. This is a big response ability and a significant president ial p nomination and significant to the work of this committee and i know you are proud of your Family Member as they have moved forward to this opportunity and let me say a little bit about a couple of the nominees and then i will turn to another Committee Member senator cruz to talk about the third nominee. Alan dickerson isom the nomineeo be a member of the federal Relations Commission for a term expiring on april 301, 2025. Mr. Dickerson has been practicing law for 20 years primarily in the areas of First Amendment and campaignfinance and since 2011 mr. Dickerson has been the legal director of the institute for freespeech and Nonprofit Organization that litigates First Amendment and campaignfinance cases in state and federal courts. Hes also a captain in the judge advocate general courts for the United States army reserve and he and his wife rachel have one child or amelia and are expecting a second child. Shauna broussard is the nominee to be member of the neural Election Commission for a term expiring on april 30, 2023. Ms. Broussard is born in vandenberg airport base and santa anna california but hails iafrom louisiana as is clear wih my visit with her this week. She graduated from Dillard University in 1991 and Southern University law school in 1995 page she is at 825 year legal career in the past 12 which she is worked at the enforcement attorney in the office of general counsel until 2015. Then she was executive assistant for commissioner walther sends 2015. Ms. Broussard also worked at the Internal Revenue service and in louisiana as a prosecutor for the attorney general and new orleans paris District Attorney and asan a clerk of the Second Circuit court of appeals. Id like to recognize senator cruzze to introduce our third nominee. Thank you, mr. Chairman. Very proud today to introduce john cooksey as a nominee to the federal election committee. As a chairman knows he is from missouri and currently works for the junior senor from missouri. I will go ahead and claim him anyway as an honorary texan. Notnly did he clerk for one of the most respected appellate judges in the country, jerry smith in my hometown of houston bu also worked on my staff as deputy chief counsel. He serve the 29 Million People of the great state of tas. Johns impeccable educational credentials include graduating summa cum laude from Truman State University and receiving his jd fro the university of chicago law schoo where he graduated with high honors and order of the [inaudible]. From there as i mention he clerf for judge smith on the u. S. Court of aeals for the fifth circuit and befe joining one of the nations most respected la firms in dc as a litigation associate focusing on appeals and constitutional law. So most notably as a young associate he worked on the Supreme Court manner in wch his client ultimately prevailed eightone. Then in 2018 sean joined my staff as deputy chief counsel working on a wide aay of important and complex issues including ection laws. He did a fantastic job and we were sad but also excited for him when he left in 29 to serve as senator hollys chief counsel and senator holly came and joined us on the judiciary committee. He still serves in that role doing an excellent job for senator holly and advises senator holly unconstitutional law and judicial nominations, election law, federal criminal law, ethics comiance and a whole lot more. My experience with sean is devastated to m hes not only an exceptionally talented lawyer but also someone deeply committed to the rulef law a he will be prepared to hit today or ground runningn day one as commissioner and i hav complete confidence that he will faithfully apply the law fairly and neutrally. I would also note that sean and his wife ellen are expecting a baby this winter. And so these are propitious times in the cksey household. Im proud to introduce a friend, sean. Thank you, senator cruz. Three nominees, two babies on thes, way into of these familie. Earlier this year our committee gathered to confirm the nomineeq to restore a quorum at the ftc and sends that confirmation of commissioner, they once again lost a quorum with the resignation of commissioner hunter in july of this year and the confirmation of these three nominees before the committee today will restore a quorum at the ftc but more important leave the confirmation that these three nominees would restore a full slate of commissioners to the ftc for the First Time Since february 2017. While the ftc has authorized to have six commissioners it currently has only three and only one commissioner, commissioner traynor, serves on an unexpired term. The other two commissioners served onra holdover status and their terms having expired years ago, commissioner waters in 2009 and commissioner weintraubs in 2007. While a quorum, simple quorum, allows the ftc to hold a hearing, make new rules and advise through advisory opinions, conduct, investigation or improve Enforcement Actions a full slate of commissioners means the ftc is not hobbled and is able to continue its work when a single commissioner departs the agency for some time now when one commissioner left for whatever reason the commission was not able to function but hopefully, our action through these hearings and later will, for the first time again restore six members to the commission and the commission plays a vital role of the federal Campaign Committee and as, i mentioned in our last hearing for the last nominee i was a former secretary of state and worked with the commission on a regular basis then and since iveas been a candidate ad nine federal elections which is probably about average for this committee and the members of this committee and the senate should know the importance of a fully functioning ftc to federal candidates who need to avail themselves of the ftcs guidelines and advisory opinions. We also know all the important stability the Agency Brings to the community that is regulated by the f ec. I look forward to hearing testimony from our nominees today and i also again, let me say, look for to having a full slate of commissioners at the fec and hope we are able to get that done before the Congress Adjourns this year and i like to turn to my good friend senator klobuchar for her opening statement. Thank you very much, mr. Chairman. They as you know we are here to consider three nominees to the federal Election Commission which is, of course, the independent Agency Responsible for enforcing our federal Campaign Finance laws. First i want to bring up the fact that given this committee has oversight over federal elections important to acknowledge the nearly 160 million americans voted this year, more people than ever before in the United States history and even though we are in the midst of a Global Pandemic elections were administered successfully due to the hard work of state and local officials, both democratic and republican and independent state and local officials. Lastte week officials in chargef Election Security working in the Top Administration including d dhs, people there, secretaries of state and the Election Assistance Commission put out a joint statement that said the november 3 election was the most tcure in american history. Again, this is a testament to local officials also to chris krebs who, unfortunately was fired yesterday by the president via tweet but i know that he has respected the statements from a public and senators today and many in the u. S. Senate. Regardless of that unfortunate incident iou would say we all oe a debt of gratitude to all these hardworking Election Officials. Turning to the topic of todays hearing with the exception as the chairman noted of a brief time this summer the ftc has been out without a quorum for nearly 15r months and over that time i repeatedly urged my colleagues to work with us to get the agency up and running. Fec nominees are typically aconfirmed in bipartisan pairs and this brings majority to push forward a controversial nominate without a democratic nominee. This approach open the door to the fec losing its quorum 46 days after it was restored. This persistent lack of quorum is a major problem and we know why and we must have an fec that can enforce the law. The truth is we need is more than ever and the center for responsive politics estimate that spending the 2020 election vecycle was approximate ready fr this 14 billion and that is more than double the 2016 election cycle and includes 6 billion in outside spending by super pack dark money groups. In order for doc democracy to work for the people we need strong rules and we need a Strong Agency to enforce the rules and congress greeted the fec for that very purpose after the watergate scandal to help restore the public faith in the electoral policy. Since taking over as Ranking Member i work to several of my colleagues to propose solutions to try to get the Agency Contract including a c bill andt the very least we should Work Together to select strong experience nominees for bothno parties understand that their job is to enforce the law and protect our election systems. I am concerned about the views of some of these nominees and i will briefly go through them and i did have a good discussion and i appreciate that discussion and appreciate that opportunity to discuss social media, political ads and the need for the fec to move forward with rules with those ads which account for billions of dollars in political spending. Mr. Dickinson has extensive haexperience in campaignfinance unfortunately he has been focusing on less, not more transparency for political spending and his opposed restrictions on individual donations and attempt to bring transparency to dark monday spending after the Citizens United decision and effort to stop foreign money from influencing our elections. If we break out of the gridlock that is paralyzed the fec we need commissioner to Work Together to find areas where they agree. It is my sincere hope that mr. Dickerson views on the role of money and transparency in politics do not make it harder to find consensus with the other commissioners. Mr. Cooksey, already discussed by senator cruz, he does not have an extensive record on campaignfinance or election issues and his testimony for this hearing does not provide enough information regarding the qualifications but in view of the commission and how they planted an approach and i appreciate it and the fact that he talked to me and we discussed important issues and i appreciate the words that we heard that they were willing to work on issues like the hepolitical ads and the fact tht we dont have any such rules and places of social media. Finally, we have ms. Broussard and i so appreciated your introduction of her and i have been urging the white house to nominate her for more than one year and our hope was that she, months ago, would have confirmed the vacant seat and i wont go into all that but lets talk about her because shes great. Miss broussard has served as a lawyer at the ftc for 12 years both as a staff attorney and as a commissioner council to a commissioner. She iso immensely qualified and well respected by her peers, her experience as an ftc staff would bring an important perspective to the commission and she would also be the first person of color to serve on the fec i hope my colleagues are here remotely listen to that. Its incredible and i cant think of anyone better to be the first. The pandemic has shown us how resilient our democracy can be one dedicated professionals work to respond to a crisis. As i said, state and local Election Officials rose to the challenge and now it is time for the fec to rise to the challenge of the issues ahead of them and individual cases would come before them and its modernizing some of our rules and the like to make them more responsive to the challenges of our elections of our time. Thank you, mr. Chairman. Thank you, senator klobuchar. We will go to our testimony now fromry the witnesses and we of course, have your written statements in the record but glad for you to use u to five minutes and whatever you would like toes talk about your background, theec and what this committee should be considering but lets first go to ms. Broussard. Im not sure if you are able to me. r we can hear. Hing you. Good morning everyone. Thank you sharon blunt, Ranking Member senator klobuchar, its a heat honor to hear appear before you today. I would like to first take the opportunity to say a few things. Irt want to thank my brothers ad i cannot ask for a greater cheering team than these two. I wanted to take an opportunity to say thank you to my nephew triston in albuquerque, new mexico. Triston is working on his essay for a person he admires and told me this weekend it was a very tight race between myself and my brother, his father but apparently this spot bumped me up. I wan to say hello to triston. I would like to thank my brhers and my friends and the women of Delta Sigma Sorority inc. For their support throughout this process. Under traditional times [inaudible] we are not in traditional times but still the support has beenti unwavering. I must take moment to think the most judgmental people in my life, my parents from the little town of gibson, louisiana. My father retired from t United States air force after 25 years of service to this country and my mother is a retired schoolteacher having taught in the very same school she tended as a child. Tother they instilled the Public Service pride and a commitment to serving community that affects my personal life sand professionally. As a District Attorney and as a Deputy Assistant Disciplinary Council and the fec. Morehan a decade ive worked every day to advance the fec commission and although congress created the fec in 1985 agencys mission to protect the integrity of the federal Campaign Finance process has ner been more urgent. Now more than ever it is time to Work Together towards repairing american Peoples Trust in the agency and now it has never been more urgent for the commission for individuals to field these sheets for an impartial and focused ability consensus. As an fec attorney i carefully considered each enforcement matter before me making sure my recommended position was supported by facts and a loft with my recommendations were fair, yet firm and will always promote transparency. As counsel for commissioner steven over the last six years ive worked with Commission Offices to build consensus in everything from Enforcement Matters to Commission Budget and management issues. Im grateful to the commissioner for this opportunity. Hes an example of how to reach across the aisle toet work ne. I also will take thi opportunity to thankas commissioner Ellen Weintraub who has been supportive in her dedication to the agency and its unsurpassed. When i start working for the people of the fec 12 years ago i never envisioned that i wou be testifng before Congress Today about my qualifications and my interest in serving as a commissioner. As a commissioner. The opportunity to lead the commission rarely comes to those already working within the agency but its is very experienceorking day today sidebyside with fec staff and the mission to maket uniquely prepared to say or enter through the m equally important, i would start with the utmost appreciation. Havingpp served with them, i brg a new perspective to agency leadership. The more, if confirmed, i will be the fst africanamerican to serve on this. It cannot be ignored. Five years after being established in the agency, it is time that they have integrity of the election for the American People for the American People. Mr. Chairman, Ranking Member klobuchar and members of the committee, thank you for the opportunity to appearoday. Thank you. Glad to have you with us today. Lets go to sean. Good morning. It is an honor to appear before you. Id like to thank both the chairman and Ranking Member for convening this hearing to consider nomination to the federal Election Commission and id like to thank President Trump for nominating me. Id be remiss if i did not think the Committee Staff and white house staff who haveou helped wh my nomination. M id like to acknowledge some important people. First and foremost, my wife. Shes my hero and unwavering source of love and support. I think my parents for all of the patient love throughout my life i am fortunate their son and im grateful to my two brothers, my grandmother and the many friends and colleagues who have encouraged me along the w way. Finally, i am indebted to three mentors. The first is judge jerry smith of the u. S. Court of appeals for the fifth circuit. I was lucky enough to work after graduating law school. The second, senator ted cruz avve me my first job in the u. S. Senate and has been a role moded for me ever since and i think senator cruz for his warm introduction last, id like to think my current boss, josh hawley who entrusted me to work for thehe people of missouri at his general counsel. Its been an honor of a lifetime to serve on his staff. Thank you for holding this hearing and i look forward to your question. Thank you. Lets go to Alan Dickerson for, you like to make. Thank you and good morning. It is a privilege to appear before you this morning to discuss my nomination. Im grateful to president for his confidence and committee providing me with this opportunity. I am sorry by videoconference. It is a wise and responsible decision that something is lost and for me, personally it includes the ability of my white racial to be present in person and i understand taking a break from psychologist but the fact that she is not physically present does nothing to diminish a greater appreciation and affection forng her as a woman,a wife and mother. That has made manyyhe sacrificeo support my career and for giving this opportunity for Public Service. While our daughter is to show, i do hope that you will be proud of her fathers career in law and service to his country. Its been a long road to a hearing before the u. S. Before the u. S. Senate and grateful to my parents and my sister for setting on me this path. Thanks to my colleagues at the institute for nearly a decade. As legal director of the institute for free speech, i represent client in i court that advocate in public for a robust view of the First Amendment. Ive represented clients from across the political spectrum including broken elected officials and donors, Libertarian National committee, progressive San Francisco Ballot Committee andia coalition for secular government. Joined by groups of diverse color of change and aclu and cato institute. At the same time, as an officer and lawyer in the army reserve, i advised soldiers in the different context uniform service. Limited by the needs of the service and requirements of good order and discipline and fidelity to the chain of command in both roles, i have come away with greates respect for the diversity character and wisdom of the American People that have developed trust, vibrancy and resilience in the institution. They created it to protect the institution in the aftermath of watergate as ranki member klobuchar noted established to prevent corruption as they choose our representatives. It is an Important Role and all challenging one. All of us, members of congress, courts and commission have worked hard over many years to find a delicate balance for legitimate anticorruption and disclosure interest of government on one hand and firss amendment rights of the citizenry on the other. If the senate chooses to confi confirm, i will work every t day to provide the American People independent commission that faithfully administers the law as congress voted and the courts have interpreted. Often asked for a new role. If confirmed, i look forward to my colleagues both here and those already at the commission and with the dedicated Civil Service to explain complex body of law and enforce it in a nonpartisan matter thank you again for the opportunity as look forward to this. Thanks to all three ofou. We do have both at 11. I think ill ask myuestionsha last to be sure everybody has a chance to get the questions asked and ill give the first set of questions that was normally asked to mr. Cruz. Thank you. Congratulations to all three nominees. Let me start with general question. What, inour view is the responsibility of the fec and wh would your responsibility be as commissioners . I am happy to take that question first. The responsility of the fec is to fairly and efficiently administer enforce the Campaign Finance laws as congress has enacted them and is consistent with the constitution and rulings of the court. Responsibly of the federal Election Commissionould be to do that, enforce the law as i see directed by congress to do so and an impartial and effective fair manner. I would agree with that characterization and add the appropriate discharge not rega regard, if intended to in the increasing of the American Public confidence in our aelection process. I also want to conclude, not conclude but. In your judgment, what is the relationship bween federal Campaign Finance lawirst amendment to the conitution . Go ahead. Senator, the constitution of course, is of paramount law to the land. All of these controls over any statutory law and commissioner,a i would be bound to uphold First Amendment, first and foremost but also administer statutes as congress is consistent with the amendment and interpreted by the court. I agree, that is correct. Id add Campaign Finance law is an exception of a wellestablished and longrunning establishment. Part of what the work is so important in explaining how all this fits together. You can respond to that. I think she may be cut off. For her. Shell have to get back on. Hi a right. Well, i asked that she answer that question in writing afterwards then. Technical difficulties. Thank you. Senator klobuchar. Actually, i defer to somebody else until she gets back on if another senator wants to you on . I am. I apologize. If it makes you feel any better, at a judiciary hearing easily, mr. Zuckerberg had trouble getting on. Dont worry. Yes, what happened. So, i want to ask you, we talked about this over the phone as it did with the other nominees. The disclaimer and Disclosure Rules on the online political ads, we know in 2016, this was, there were add, some of the companies have changed their policies so that has gotten better but i ask mr. Zuckerberg about this yesterday, we continue to have issues with ads including ads that are looked at by humans and then get through and are not true. So i have this honest ads act which is legislation with senator graham that would apply the same disclosure and disclaimer rules and political ads we have for tv, radio and print. Can you talk about your views on this . If you think the ftc could take this. Its important to look at its not just candidate ads, it is also issue ads. Thank you. This act was obviously the definition of public communication to the online spending. See this as opportunity but also prevent and directed entities to our literal discourse which would provide Greater Transparency to the American People as it relates to the fec w Congress Enacts this law and Work Together to pass legislation that would affect that. I think the greatesttart would be to look at internet disclaiming, crently before the comssion now and in the rm as an expansion of public communications. Ea working on Greater Transparency. As i look at it, they could dohis by role and the law would be very helpful to get into place. Mr. Dickerson, last year, in a speech, he argued on my political ads should not be regulated because they mounted to small portion of political speech. I want to make sure you know as of 2018, facebook and google llectively sold over 16 million political ads wh over 3. 2 billion. I dont think i have 2020 memberon them but what i do have is the number on broadcast at 2. 5 billion in 2020 just t give you some comparison. If you look at over 3. 2 billion on just two ptforms, thats only thr in the last two years, where are you on this . I know we talked about this over the phone we are just trying to make sure the rules apply on both tv, broadcast as they are when it comes to the social media platforms. I appreciate the question thank you for the chance to comment on it. The difficulty in this area is that there are two lines of the Supreme Court president s, as you know. One says there is a right of Privacy Association believe under the First Amendment, the other is a need for transparen transparency. That is a difficult balance as i have said publicly and in our call but i do think those questions the system of the American Peoples congress, i have been skeptical of the difficulties of bridging that gap in a way that would describe that view but i have made those comments in public and i do not consider appropriate in that w way. What will be for you if you get confirmed is rulemaking, i hope you remain open to it and we will take that same open view. My last question, the fac is frequently deadlocked and whether they should investigate potential violations. Many believe this has significantly impaired agencys ability to investigate potential criminal activity regardless ofn the Candidates Party and enforce the law in order to start an investigation, commissioners must find as a reason to believe there has been a violation of the law. I ask each of you if there are reliable reports that about the potential violation of the law, would it be enough to open an investigatio . The order in which you are introduced. Thank you for the question. I think the sender for finding reason to believe, this is one that can quantify, i would say federal news reports would be part of finding reason to believe. I dont see it would be always relevant but i would certainly an open mind and finding a reason to believe. If you need Additional Information beyon public reports, would you support reaching out to federal agencies to get additional infmation . Theres a strong relationship between d. O. J. And ftc. Yes. I think referrals from federal agencies are oftentimes a credible source of potential investigation in the Civil Enforcement side. Thank you. I agree with his feedback. The decision will be casebycase but reliable public reports of specic facts that uld fall within the eagle violation in this thing that would be strong evidence. You would be open to Additional Information beyond public report by reaching outo federal agencies . As i understand, other agencies are required to coordinate and that matter. Very good. You want to finish up so i can turn over to our colleagues . Everything he said, i agreequ with. If there is sufficient Information Available in the complaint, there is reason to look for the and i look forward to the organizations that come before me with such information. You. Ank you to all of thank you. Next, senator capital followed by senator udall. Thank you. Congratulations to the nominee on your nomination, a very Important Role. As we know, independent agencies and party a lot of the majority of these seats. Theyre fully backing the party and its necessary to form a majority for enforcement action. This adds to the jews legitimacy to not close politically motivated penalties and thatso great but it presents challeng challenges. Ill start with you, im sure you have seen this, how would you work with other commissioners mcleod those across the aisle to resolve these in a fair and bipartisan way . Id be interested to know from your experience, what the fec, has been been an enormous problem . How doest present as the problem . Hank you for the question. As you already said, i have specific eenses, i am familiar with this concept. Id like to say, full commission, it creates better opportunity and less of a deadlock, itreates opportunity conssus and a better roadmap was required that pple truly communice in resolution the American Public to have full disclosure. I have wealth of experience working across the aisle and workin for his counsel. We have the opportunity to get to these cases and sometimes we find out when you have six commissioners, he has opportunity to ach to another person in this is h truly havina perft opportunity for people to Work Together to fd resolutions. Mr. Dickerson. I completely agree. As a big believer in the tiocess, i think more voices and if you have questions, the easier it is to find agreements. I would note that much of what the commission does does not fall victims in contested matters going to the commission, it is the exception and not the rule. I hope it continues to be the case because the ability of the commission to give guidance in the community is helped by majority formal rulemaking in a way that is divided in providing the same level of certainty so i join my colleagues in reaching that goal. Thank you. Youre right that the structure of the commission is unique and an important feature tons ensure the legitimacy of the ncommissions action. I think it deadlocks are a nsequence but i cant improve on what my felw nominees have id. It is a mechanism that forces compromise forces this and as someone who comes from akron o the legislative branch, i am used to tt dynamic in finng compromise and Common Ground and its something im committed to do if im lucky enough to to be confirmed. Thank you. Let me continue withh you. You have advised laws in nomination, he just said a little bit but i didnt know if you want to talk more about your experience and helpou in your role inhe. Thank you for the opportunity to discuss that. I think my role as legislative staffer bringing a unique set of skls and experiences to the commission, i have a lot of expeence working across the aisle, working in t a small setting with a sll number ofom committe members and a lot of important compromises, even if we cant agree one 100 of the time from finding thereas we can agree moving forward, i think there is a long important history of people who have gone on from t legislative background like mine and have made contributions. Thank u. My last question to you, i dont know if the ansr but lookingoo for infoation from you, other a lot of bklogged cases because the cmission has not been functioning properly . When you have these situations you do hav backlogs, what is the experience the commission to prioritize areas, maybe a timeline, amount of dollars for people impacted, how d you prioritize backlogs . First, is there a large backlog . If there is, how do you prioritize . R thank you. The quick answer is yes, there large backlog. If there is public Information Available. The fecs website, it reflects the last quarter, 380 cases of the enforcement division. 200 are before the commission. The obvious answer is, there isu a backlog but what i think the intent would be if confirmed, would be to prioritize based on statutes of limitations. Five year limitation period we be able to assess the severity of allegations, prioritize those that are greater harm to the public, higher prioritize matters and compare it on the statute of limitations in id suggest on those cases first. Is that something when you seek to prioritize but you have to have that position . As it relates tomportance, the executive sessi chooses by the chair of the commission, which alternates each year. They would determine the agenda so that would be a priority for the chair which i believe they prioritize the matters by the chair. Thank you all very much. Good answers. Thank you. Senator udal thank you so much. I have closely followed the wo work, the federal Election Commission and pushed for reform of the commission during my time in the senate. I believe it current state, the fec has failed to uphold the commission and im quoting on the mission, to protect the integrity of the federal Campaign Finance process by providing transparency and enforcing and administering Campaign Finance laws. Congress created the election pcommission to fight political corruption after watergate. More recently, partisan gridlock lands the agency powerless to enforce the Campaign Finance laws on the books. In 2016, we saw record spending of millions in undisclosed dark money and we see the spending continue on and on. Without a strong look over their shoulders, supertax of billing dollars to push it. I disagree profoundly with Citizens United and the Supreme Court other campaignfinance decisions but we have to acknowledge that they are not n the only ones at fault. Its a blockgr of those who are nearly always in lockstep and they have played aol big role in undermining Campaign Finance laws. For the last decades, gop commissioners have blocked every attempt to closesehe h loopholed regulations that allow dark money groups to flourish. Ec has failed to spend virtually all of their money on political advocacy to register what would require them to disclose that. After 2018, we know there were efforts to secretly funnel Warren Campaign money to candidates, deliberately violating Campaign Finance laws to interfere the outcome o of those elections. I believe the fec that can enforce campaignfinance violation, it is crucial to maintain legitimacy of our elections and our democracy. Traditionally, fec nominees have moved and bipartisan pairs. What troubles me about todays set of nominations is the boposture. Le they refuse to move democratic nominee withh commissioner trainers nomination and they are not advancing republican nominees after the recent president ial election. While it is time for the fec toi be fully functional again, there is still more work to be done. Thank you for joining us today. You have successfully built a career dedicated to Public Service and served as an attorney for the fec in the office of general counsel since 2008. Given your experience, what would you recommend the commission do to improve its effectiveness and other specific ways the fec can increase tsection finance transparency within its current structure . Thank you. To answer the question regarding specific ways that there is transparency, from a perspective of educating the public onti compliance we currently have quite a few webinars and everything inan place, political stakeholders have the opportunities for advancement. I considered that i need to be able to advancehe goals of disclosure to theublic by promoting that compliance. Co i apologize but if i could ask you to repeat the first half of your question, id be happy to answer that. Sure. Let me give you that for the record because i want to ask one more question. R since the president ial election, President Trump has made several claims of voter fraud. Judgments have repeatedly and overwhelmingly rule against the trump campaigns claims of fraud. Election officials he states have disagreed the baseless claims and just last week, security and Infrastructure Security Agency issued a a statement calling the 2020 president ial election the most secure in american history. Mr. Dickerson, do you believe theres widespread Election Fraud in 2020 . You believe its wrong for individuals to suggest there was widespread fraud without proof . Thank you for the questn. I do not have personal knowledge of any widespread voter fraud that happened in the most recent ection. I know is ongoing litigations by various candidates aut the consequences orutcomes of the election but i have not followed it myself and cant speak to it ein detail. Thank you. The only thing i would add to that response is to remind the committee and anyone is watching, fec has no role in Election Administration for judging electoral outcomes and i think it is important the fec remained within the four corne corners. Remember, as official and official positions when issues me up like this, you will be asked, and it is important people speak truth. Thank you so much, mr. Chairman. Thank you senator. Lets go to senator warner. Thank you. I am ready in here. Apologize about earlier. I want to pick up where senator udall left off. I am amazingly disappointed by your answer. The fec along with the Assistance Commission, all parts of the groupup that ensure the integrity of our election system that goes from Voting Machines to transparency around election contributions, Ranking Member klobuchar. I know in my position, allowed to serve on the intelligence committee, if you have access 35 days out from the election with foreign interference with people showing up at our only stations with the potential many of our intelligence Law Enforcement agencies are prior worried about violence at polling stations, i think, americans have responded tremendously. Workers and officials did great jobs, i think secretaries of state on this panel of senators uniformly in both parties did a good job. I am outraged in the response in the Election Security. It indicated its a faithless election in history. I think it iss remarkable the president fired him last night. I want to give you a chance to answer again, do not feel the integrity of our election system is part of the response body of the fec . If anyone wants to weigh in on whether it be election just took place is conducted in a safe and fair way, also the Election Security election experts must have an opinion on whether his elections were conducted appropriately or not. Ill ask of you on the. I appreciate the opportunity in particular because i share your concerns in the intelligence committee, the foreign influence and meddling. I think my comment, which i do stand by his to note that combating risk and as you pointed out, there are other larger and better resource agencies in which you mentioned, this widespread ability that are simply a better fit. I dont need a lon answer, if you were to be confirmed, you do not think the commissioners also tried to support the integrity in the system . Absolutely. Its undermined when people recklessly, without proof, attack the election results, again, i wont getting to the firing of mr. Krebs but i am looking for commissioners to stand up for the rule of law and speak out when the integrity of our system is being attacked. I am happy to respond. I agree with you, senator, part of the response ability this commission is the integrity of federal election process and protect disclosure of information with the American Publicdi in the election process itself. I dont have information that conducts anything, we also have public reports from National Resources that we did not have any issues in ts election. It was a Fair Election we have an excellent amount so i think the opportunity f commissioners to verbally promote the safety, quality, the fairss of the election is irresponsibly. Senator, to be brief, i agree my fellow nominees. Therincipal commission to promote trsparency and accountability in the campaignfinance system but commissioners are public figures and have a broader response body to promote the integrity in our elections. I know i dont often get to make committees and have gone beyond my time so i will ask my last question so thank you. There will be a chances for questions for the record as well. I also want to thank senator warner for his work. Te its worth mentioning him. Duly noted. Thank you, mr. Chairman and thank everyone for being here today. Its really important we have this position. s been in the for a while. I ju have a question on, how will your personal views or evious work affect decisions you might make onuestions that come before you a commissioner and how do you go aut recusing yourself if you thought there was a need . Thank you. Ill take the first shot at that because i am the person appear who has represented clients most recently. In terms of the recusal process, i expect my clients, colleagues to file letters of the coission, outlining responsibilitys to recuse. I would add just personally, i consider those roles, i imagine cases in which the perception of entanglement would lead me to recuse. That would be a casebycase question that would arise as things come up. Thank you. Thank you, senator. I agree with what he said. Recusal is very important of the fec, commission with promoting conference in the election process. Im not aware of any specific kinzel needs but i am with the recusal standards and exacting careful ways. If ever is a situation implicated, i would consult with career staff and my colleagues to make sure it follows to the letter. Thanks. I, too, have questions to fill out forms or groun of recusal. The most important thing, remn impartial integrity and if we have queions, take advantage of the Resources Available to us. Thank you. Thank you. Senator leahy is available, then we will go to him. Senator leahy. You are recognized for five minutes. Thank you. This is coming true . Yes, it is. Okay. Thank you. Appreciate this opportunity. This is a critical moment, fec was created to promote participation in a democratic process. Its more difficult today when you have a president who undermines Public Confidence in our election. But his temper tantrum put aside, all serious federal and state Election Officials, both republicans and democrats have stated that our elections imsults areiv legitimate. I ask questions for each of you and you can answer yes or no. Is joe biden, president elect of the United States . Yes. I am aware most media organizations projected that President Biden has won the election. Do you accept that . I have no reason too doubt i. I agree with t outcome of litigaon. As you know, virtually all cases have bn dismissed or not withdrawn. I doealize mr. Giulii has discussi, a sex offender has baseless charges but everything has pretty much beenls thrown o. Probably Homeland Security said is was theis most sece an americ history and theres no history that anything is compromised. You agree with President Trumps department of homeland surity and that . I have very little expertise in the area. As you might imagine, my attention has been dedicated toward this hearing, i am not in position to give useful commentary onctivity on that. I will tell you, there are substantiated complaints of voter fraud, illegal votes. Would you agree with that . I have no reason to disagree. He is an excellent attorney. Anybody else want to add in . I agree with what mr. Dickerson said, i haveo reason to doubt. I do not doubt his. Thank you. Mr. Dickerson, companies with foreign ties and in the state campaign, we want to make sure there is not foreign interference in our elections read i hope we all agree with that. So is every appropriate for a candidate to encourage or accept a foreign state seeking this election . I would think that would be inappropriate. Thank you. I mention it only because President Trumps statement abc news that he said there is nothing wrong to take information from a Foreign Government on a political opponent. I must admit a number of my republican colleagues were shocked at that. I wry because some rublican senato have those claims on voter fraud. Some have claimed that the counter process, others had claims of the secretariesf state said it was fair and faced Death Threats because of it. Soecause he is on a path to victory, what is that path . To see aan path of victory to te president . I am not aware of one but i have not looked into these cases in any detail. Anybody else. Teresa . As he said, i am aware of ongoing litigation about the election and i have not followed in great detail. Im not in position to comment on the. You are aware of litigations by the court . I have seen news articles to the effect. I am a lawyer and i have watched very carefully. The fact that it is taking so long with the process we have with the new president coming in, it is damaging to the countr and our security and as e new president is being inaugurated, we have adversaries overseas, lord help us all. President s in the past, we have a new president comin in. I have never seen this happen with either republicans or democrats. We should becr prepared, especially in a time of covid and with this position, we should be prepared. Re i appreciate you saying in this hearing we do. Thank you. You know where my office is. [laughter] exactly. Youu arereat on the camera here today. Thank you. Senator cortez. Thank you. Thank you for all three of your willingness to serve on the commission. Let me follow up senator leahys line of questioning. Question to all three of you, do you think the fec has a role to play i limiting forgn interference in federal elections . If the question is yes what is that role . Thank you for the qstion. He raises an important issue that i also share about one interference in the election. Yes, the fec does have a role in prohibiting foreign interference. The prohibition on Foreign National contribution helongstandingaw, it has been upheld by the cou. It applies across a wide swath of political integration and if im confirmed, i am committed to enforcing the just as it has been p priority over recent yea. Thank you. Mr. Dickerson. I entirely agree. I think the foreign contribution and expenditure prohibition has been an area of bipartisan rarity and i plan to join that tradition. Thank you. Thank you. I have no disagreements with my fellow nominees riveted from making contributions in our elections. I agree and i look forward to working with you to enforce it. Thank you. So i know looking at the federal Election Campaign act, there is not a lot ofommissioners we have had to look at other than. Shelby chose on the basis of their experience, integrity, impartiality the judgment. I think its the question youre seeing here, it goes to the partiality piece so i appreciate the answers particularly, mr. Dickerson, that you gave on recusal. The fact that perception also should be considered when you look to recuse but it is the commissioners decision to refuse or nott the end of theec day so let me ask you because over the past several years, you have advocated against closed act and jus about every effort by congress and fec to strengthen transparency so if you are confirmed how can i be insured that you are going to be partial when it comes to the issues of transparency . And will me the decision to recuse yourself if apppriate . I am very grateful for the question. I would analogize to happens when an advocate practicing attorney nominated judiciary. They sit in a judicial capacity. Whether perception matters so much. The simple is, i would take note to the constitution if confirmed. As i often mind people, the First Amendment is only oney pat of the constitution and i have been empathizing that aspect in my practice for the last decade but i also recognize the role of an independent commission as ata creature of statute abound by Congress Judgment in a very differentfr one. My commitment to you is that i would take that seriously and recognize the very different role of required by nonpartisan Law Enforcement role to represent clients. Thank you. You think it is appropriate for fecommissioner local on twitter or media interviews supporting a particular candidate over another . I worry about it a great deal. I think it does i think there is unanimity working towards unanimity and compromise. I suspect a particular advocacy that harder inside the building so i cant speak for anyone else might be nominated or confirmed, i would plan to avoid that outside advocacy. Thank you. I agree with what mr. Dickerson said if i am lucky enough to be confirmed, my focus will be on the administration and enforcement of camign and its law, not on outside political advocacy. Tnk you i notice my time is up. The rest of my questions, i will submit for the record. Thank you all again congrats on your nomination. Thank you. I have a couple questions in a couple of comments. One is on all of the suggestions of your public view of elections generally. There are First Amendment rightt who do know more about elections and think more about elections than most people but i dont think it is the job of the federal elections Assistance Commission to try to enforce campaignfinance law. I dont think it is the job the department of Homeland Security kit to give opinions on how they think the campaignfinance law should be enforced and my thought is while there may be will making authorities and others that you have in the campaignfinance law area, i think it is unreasonable to expect these agencies to constantly cross lines and decide i know a lot about elections because i am on the Election Assistance Commission, i think ill start making determinations about how oncampaignfinance law is being enforced and i think generally, you all three wound up in the face for you have important responsibilities, integrity of the election system is important but your role is clearly defin defined. Le there is a common that i agreed with, if Congress Passes a law, you will enforce that law. Y there may be Rulemaking Authority on the edges of whether Congress Passes a law or not but understanding your job and how you do your job is quickly important because nobody else is going to do your job. He spent all your time doing somebody elses job, nobody is doing your job which is vertic vertical. T what standard, if you have had a chance to think about this yet, what standard be met for the commission offers an investigation . Lets go and awful political order. Alphabetical order. What to happen before they open investigation . Has to be reason to believe a violation has occurred or could occur. In regarding to this, it is not a quantified percentage but its also regulation. Reason to believe this, i would describe reason to believe the presence of credible evidence that violation of the law has occurred in the campaign and its law that the administered. I find myself in the position entirely agree. Let me ask one more question you agree with that one. The ftc is thehe subject of a great deal of litigation. The process requires somebody engage defend the position, the commission has taken or nobody engages. What is your view of that . Rs all three lawyers, capable attorneys, what you think be the fec view of litigation challenging a newly arrived at position taken by the fec . We can reverse alphabetical order. I have thought about this a great deal and the deals of the fec. I dont think the Commission Judges or reports favor on important questions or statutory law decided on these judgments. None of the that provides clarity of law or sufficient process in the commission. There may be cases where i would not enforce or appeal or otherwise go to court. In my experience, i cannot think of any. My approach to this question is that congress rated the commission as the administrator of federal campaignfinance law not the court or private litigant so i have a strong belief rulings and fec, general manager should be defended in court. I believe we have to lookt each case and discussions with the council to make the decision but as mentied, i respect that in some cases it may be of value to consider whether they should be. I will make the decisions at the time after these considerations. I think you all t for joining us today. Record will be open until noon friday, november 20. I know we had a slight disengagement senator cruz having a question he hoped you all three would answer and there will probably be more questions to be filed. I am hopeful we can move all three of these emanations this year and restore commission to there sixmember status. The observations, id like to do this to out of time, one democrat and one republican. There have been two vacancies on the court on terms of the commission for a decade or so now. One by democrats, one by an independent thaton generally gos with that side of the commissi commission. No nominee has ever been presented of this committee. Id love to have nominees for that and we quickly move those nominees even if they both come at the same time as long as there is otherwise a full commission. The committee is adjourned. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [silence]