In its 4-1 vote, the FEC elevated Weintraub from vice chairwoman, also a position she has held before. She was initially named to the elections watchdog in 2002 and her term expired in 2007, but she has never been replaced. Chairs serve one-year terms.

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She has led the agency’s liberal wing for years in criticizing Republicans, including President-elect Donald Trump.

Unless Trump, in his second administration, moves to name a replacement, Weintraub is on a path to becoming the longest-serving FEC commissioner ever. Another Democrat, Danny McDonald, was a commissioner for nearly 25 years and also was its chairman four times.

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Trump has promised to “drain the swamp” and his incoming White House counsel, David Warrington, is a noted elections lawyer who may push his boss to replace Weintraub.

In 2019, when Weintraub criticized Trump, Warrington was the head of the Republican National Lawyers Association, and he hit her attack on Trump. He said, “If she wants to be a political activist, she should immediately resign and join the democratic process rather than try to control it or remake it according to her own whims from her perch at the FEC.”

FEC chair Ellen Weintraub says Pres. Trump’s baseless claims of election fraud undermine people’s faith in the system.
“The end result is that it becomes harder to vote and more citizens end up disenfranchised…[Our democracy] will be stronger if we can get more people to vote.” pic.twitter.com/ZvnEvPz24H

— Anderson Cooper 360° (@AC360) August 20, 2019

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In an awkward moment leading up to her election today, Republican Commissioner James E. “Trey” Trainor III, elected vice chairman, criticized tactics used by Weintraub before announcing his opposition to her election as the new chair.

“Back in August 2020, just two months into my tenure here, I wrote about the dangers of procedural dysfunction that were evident at the time. At that moment, a minority of commissioners were endangering the careful balance Congress crafted with [Federal Election Commission Act] by preventing the agency from defending itself in court. Today, we see a similar scenario unfolding: once again, a minority is blocking or delaying a vote on two directive changes that would empower commission members to expedite the consideration of matters before us,” he said.

Trainor cited two directives that he believes are being slow-walked by Weintraub.

“We have encountered the delaying tactic of postponing the discussion of these directives until a future meeting. We have been provided no explanation as to why the directives are being held up, when our colleagues will be ready to vote, or what objections they may have. To me, it appears to be delay for the sake of delay,” said Trainor.

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And without naming Weintraub, he also hit the long tenure of some commissioners. “I believe these tactics are symptomatic of the tenure of commissioners who have served far beyond the statutory limits envisioned by FECA. Some might point to the statutory provisions that allow commissioners to remain in office beyond their term, a situation I am currently experiencing as I approach my fifth year of service. But I can assure you, as certainly as the sun will rise tomorrow, I will never be 20 years into a six-year term,” he said.

In response, Weintraub called holding issues over “routine” and described her relationship with Trainor as “congenial.” She added, “I personally look forward to continuing to work with you.”