Hope for a Working FEC

IN THE MIDST of a presidential election, the country does not have a functioning body to oversee federal election laws. We don't mean well-functioning -- we mean functioning at all. Since the beginning of the year, the Federal Election Commission, which is supposed to be composed of three Republicans and three Democrats, has been down to two members. Four are needed to take any action, from issuing advisory opinions to launching investigations.

The breakdown started with Democratic opposition to a Republican nominee, Hans von Spakovsky, and continued when Republicans balked at Democratic offers to hold an up-or-down vote on Mr. von Spakovsky and other nominees. This month, Mr. Bush finally submitted a new slate of nominees; last week, Mr. von Spakovsky's doomed nomination was finally withdrawn. Yesterday, the president went a useful step further, announcing his intention to nominate a replacement for Mr. von Spakovsky. The path now should be clear to getting a quorum in place.

This is good, but with a troubling twist. In sending up the new list, Mr. Bush axed Republican commissioner David M. Mason, a solid conservative whom Mr. Bush gave a recess appointment in 2005 and nominated for a second term in 2007 and who has continued serving in a holdover capacity as he awaits reconfirmation. What accounts for Mr. Bush's change of heart? The White House isn't saying. Could it be that Mr. Mason displeased the McCain for President campaign? Mr. Mason, as acting chairman, questioned whether the presumptive GOP nominee could legally withdraw from his pledge to abide by spending limits in return for matching funds during the presidential primaries.

It's important to get the FEC up and running again. Then, after the election, it will be time to renew the question of whether this agency, designed for gridlock and partisanship and all to often living up to those specifications, is the best device for enforcing the election laws.