End gridlock

Hans von Spakovsky's decision to withdraw his nomination to the Federal Election Commission opens the door to Senate action that will allow the agency to function during this critical time.

Mr. Spakovsky's nomination by President Bush had been opposed by Senate Democrats over his record in the Justice Department's civil rights division. With his nomination on hold for the past year, Republicans retaliated by blocking Democratic nominees to the six-member commission comprised of equal numbers nominated by both parties.

But that has left the FEC unable to act since Jan. 1 due to the lack of a quorum even as issues arise in this election cycle, among them federal campaign funds for presidential candidates and Sen. John McCain's attempt to reverse course on primary funding.

President Bush earlier this month submitted a new slate of FEC nominees that still retained Mr. von Spakovsky's name but removed the renomination of FEC Chairman David Mason, who had questioned Mr. McCain's financing plans.

Mr. von Spakovsky cited the financial strain on him and his family as one reason for withdrawing, although he also noted that "our campaign finance system needs to be operational during a presidential election year," which is being prevented by the current stalemate.

That can end now with Senate action on the nominees, a move that will still leave the FEC one member short in a 3-2 tilt toward the Democrats on a commission that requires four votes. Still, there is the opportunity for a working FEC, which has several items before it.

One of the most important in coming months will be approving requests for presidential candidates seeking public financing. Sen. McCain is expected to ask for $84 million for the general election. Before then, the FEC should also review his request for public funding during the remainder of the primary season, which ends with the convention. Chairman Mason had challenged the request, but the FEC has been unable to act.

Senate Democrats and Republicans can now end the gridlock and make the appointments needed so the FEC can do its job.