Reading Room Document

Appointment of Member of the Federal Election Commission Who Resigned From Federal Service Immediately Prior to Appointment

The document is a memorandum opinion for the counsel to the president regarding the appointment of members to the Federal Election Commission. The document concludes that the purpose of the statute is satisfied if the member of the Commission resigns his Federal position immediately prior to his appointment. It also discusses the interpretation of the term "appointment" within the meaning of the statute and concludes that the appointment process consists of three steps: nomination, advice and consent of the Senate, and appointment itself. The document presents questions for review, including whether the statute permits appointment of an individual who had resigned from Federal service immediately prior to his appointment, and what constitutes "appointment" within the meaning of the statute.

July 22, 1977