Sean Cooksey is Chairman of the Federal Election Commission. The FEC sets the regulations for campaigning at the federal level. To put it bluntly, the business of politics follows their rules and there are real consequences to that. It’s an honor to have Sean on the show. He is former Chief Counsel to Senator Josh Hawley and former Counsel to Senator Ted Cruz. The Senate confirmed Sean as a commissioner in 2020.
In our conversation, we get the insider’s perspective on how the FEC works, what the commission is working on for the 2024 cycle, and how they’re responding to new advancements in technology.
Key Takeaways:
1. The FEC's Role Is More Limited Than Many Think
Sean Cooksey explains that the Federal Election Commission (FEC) operates under narrow authority, especially when it comes to regulating new technologies like AI or misinformation in digital ads. Many issues that attract public attention are simply outside the agency’s jurisdiction.
2. Bipartisanship Is a Structural Requirement
The FEC is made up of six commissioners—three from each major party. As a result, decisions require bipartisan agreement. While critics sometimes interpret deadlocks as dysfunction, Cooksey views it as a feature meant to ensure fairness and prevent partisan overreach.
3. Campaigns Must Remain Vigilant on Compliance
While enforcement may appear slow, campaigns are ultimately responsible for understanding and following the rules. Cooksey emphasizes that ignorance of the law is not a defense and that compliance teams should stay current, especially as new guidance emerges.
4. AI Regulations in Campaigns Are Still Emerging
Cooksey notes that there is no comprehensive regulatory framework yet for generative AI in political advertising. The FEC is closely watching this space but will need either new authority from Congress or strong bipartisan agreement to act decisively.
5. Transparency and Disclosure Are Key Areas of Concern
As technologies evolve, the FEC is particularly focused on ensuring voters know who is behind political messaging. Disclosure requirements—especially on digital platforms—may expand or evolve to address emerging threats to electoral transparency.
Watch on YouTube:
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