In a May 17 Washington Post article about former Justice Department lawyer Hans von Spakovsky's decision to withdraw from consideration as a nominee to the Federal Election Commission (FEC), staff writer Paul Kane wrote: “Senate Democrats had refused for a year to confirm von Spakovsky, torpedoing the nominations of three other nominees and denying the FEC a quorum.” But later in the article, Kane contradicted his own suggestion that Democrats were responsible for “torpedoing” the other nominations, noting that Senate Minority Leader Mitch McConnell (R-KY) “had demanded that the entire slate of bipartisan nominees be considered at once or that they be voted on in bipartisan packages of two nominations.” Moreover, in an April 4 Post article, Kane reported that Senate Majority Leader Harry Reid (D-NV) was “willing to hold separate votes on von Spakovsky ... and the three other nominees,” but that McConnell had “refused.”

In addition, Kane reported in the May 17 article that one of the “major decisions” the FEC will face is "[d]eciding whether [Sen. John] McCain properly opted out of the public financing system for the primary campaign," but he did not note that FEC chairman David Mason has taken the position that McCain cannot opt out of public financing in the primary without FEC approval, as McCain has attempted to do, meaning that every day that McCain spends beyond the limits of the public financing system -- which he has already exceeded -- he could be breaking federal law. Nor did Kane mention that President Bush subsequently withdrew Mason's renomination to the commission.

From Kane's May 17 Post article:

A controversial Bush administration nominee to the Federal Election Commission withdrew from consideration yesterday, providing a likely breakthrough to an impasse that has sidelined the political watchdog agency at the height of the primary season.

Hans von Spakovsky, a former Justice Department lawyer whose nomination became entangled in allegations that political considerations influenced decisions by the agency's Civil Rights Division, sent President Bush a letter withdrawing his name.

Senate Democrats had refused for a year to confirm von Spakovsky, torpedoing the nominations of three other nominees and denying the FEC a quorum. Since Jan. 1, only two of the agency's six commissioner slots have been filled. Bush, supported by GOP Senate leaders, had refused to withdraw von Spakovsky's name.

Senate Majority Leader Harry M. Reid (D-Nev.) claimed victory yesterday and predicted that Bush would soon select a replacement who could quickly win confirmation along with four other pending nominees and put the FEC back on its feet.

“His withdrawal today is a victory for our electoral process. With Mr. von Spakovsky now removed, I anticipate that we will be able to swiftly put a functioning FEC in place,” Reid said.

[...]

Without a quorum, the agency has not been able to officially act on a number of critical matters. When the FEC regains a quorum, it will immediately face decisions on:

• Approving about $85 million in public financing for the presidential general election campaign of Sen. John McCain (R-Ariz.), money that has been set aside but left in political limbo.
• Officially beginning investigations into campaign finance irregularities, including a likely probe of an alleged embezzlement scheme by the former treasurer of the National Republican Congressional Committee.
• Finalizing several rules, including new sunshine requirements that presidential and congressional campaigns disclose the names of lobbyists who bundle donations from their clients to lawmakers.
• Deciding whether McCain properly opted out of the public financing system for the primary campaign, after initially signaling he would take public funds and using the expectation of that money as collateral for a multimillion-dollar loan.

[...]

McConnell had demanded that the entire slate of bipartisan nominees be considered at once or that they be voted on in bipartisan packages of two nominations. That tradition has ensured that neither party can reject the other's nominees to the evenly divided six-member commission.

Unwilling to compromise, Reid and McConnell allowed the recess appointments to expire on New Year's Day. The FEC essentially has not conducted business since.