The vice chairman of the Federal Election Commission said on Thursday he was resigning to consider a bid for an open House seat in Texas, leaving the agency with just two commissioners, two short of a quorum.
James E. “Trey” Trainor III told Washington Secrets that his resignation is effective Oct. 3 and that he is “seriously evaluating” a run for the House seat being vacated by Rep. Chip Roy (R-TX), who has entered the GOP primary for Texas attorney general.
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“It has been an honor to serve in this role since President Trump appointed me in 2020, despite the long confirmation process that began in 2017,” said Trainor.
He added, “Looking back on my tenure, I’m proud of several key moments: serving twice as chairman of the agency, overseeing DOGE-related activities on behalf of the president, and representing the United States as an international election monitor in Costa Rica and Romania. Additionally, I’ve had the privilege of testifying before the House Judiciary Committee on the weaponization of campaign finance laws against President Trump, and before the House Administration Committee on the broader issue of government overreach against everyday citizens under the Biden administration.”
Trainor’s departure leaves open four of the six seats on the agency that regulates campaign finance. Both of the remaining members are Democrats, Chairwoman Shana M. Broussard and Dara Lindenbaum.
Lindenbaum said she was surprised by Trainor’s resignation, coming two months after he decided against entering the Texas attorney general race. At that time, he told Secrets that he would remain at the FEC to fight any weaponization of the agency against Republicans.
“I am very happy for him, very sad for us. He’s really done a lot for the FEC,” she told Secrets.
Trainor was a partisan who never moved to Washington but worked well with the Democrats at the agency. Lindenbaum said, “I did not expect to have a great or even good working relationship with Trey Trainor when I started, but we actually have worked fantastically together, and a lot of the work that we’ve gotten done is because of that relationship. And I wish he could stay longer, but I absolutely wish him well on his next endeavors.”
Former FEC Chairman Lee Goodman, currently chairman of the Republican National Lawyers Association, said, “Trey has been a stalwart on the commission. He distinguished himself as an outside-the-beltway commissioner who approached legal issues from a unique and practical perspective unencumbered by entrenched Washington biases. His perspective will be missed.”
Trainor has been a regular on the Texas political circuit, often asked to speak to GOP groups. He has also been active in the lives of his six children, often posting photos to Facebook of their successes in bull riding and football.
“Looking ahead, I’ll be returning to private practice, where I’m board-certified in legislative and campaign law. Additionally, several Republican Party officials in Texas have urged me to consider running for Congressional District 21 to replace Chip Roy, and my family and I are seriously evaluating that option,” he said.
“In the meantime, I’m excited for a return to more ‘normal’ life — attending rodeos, middle school football games, and spending quality time with my family,” he said.
The Trump White House is vetting possible FEC candidates, according to officials.
Even without a quorum, agency lawyers can still affect elections, and Republican campaign experts said they hope Trump will fill the three GOP seats soon.
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Explained Goodman, “The main legal risk for everyone in the regulated community is that private complainants with partisan agendas can file complaints against their political opponents and then sue the hamstrung agency for failure to act on their complaints. A court will send the case back to the agency with instructions to act promptly. When the agency fails to act on the complaint a second time, because it lacks a quorum, the partisan complainant can enforce the law directly against its political opponent. Partisan enforcement of FEC laws is a bad consequence of the absence of a quorum.”
He added, “I hope the White House and Senate move quickly to restore a quorum at the FEC.”