Exclusive: FEC Chairman Sean Cooksey on the future of the FEC, cryptocurrency, and Joe Biden’s campaign cash

Federal Election Commission (FEC) Chairman Sean Cooksey is a former Chief Counsel for Sen. Josh Hawley (R., Mo.), Counsel for Sen. Ted Cruz (R., Texas), an attorney at Gibson, Dunn & Crutcher , and a 5th Circuit Court clerk. He was confirmed to the FEC in 2020 and has already made a huge impact at the Commission. The New York Times — no supporter of Republican priorities for campaign finance law — described Cooksey’s accomplishments on the Commission as “breathtaking” and gave him credit for “remaking the landscape of money in American politics.” 

Perhaps most impressive, Sean has done all of this while being a young father and an active member of his church. Decades from now, campaigns and candidates will be relying on Cooksey’s achievements at the Commission, and we are extremely grateful that Sean spoke with us about the 2024 election, his top priorities, and his advice to young Hill staff. 

Below is a transcript of our interview with FEC Chairman Sean Cooksey, lightly edited for clarity.

Washington Reporter:
What is the most important issue you are dealing with for the 2024 election?

Sean Cooksey:
First, let me say at the outset that I appreciate the chance to talk to you, and I’m excited by what you all have started at the Washington Reporter. It’s important and much-needed.

What’s most important to me this year as FEC Chairman isn’t a single issue but instead is the need for our agency to be nimble. A presidential election year moves fast, and candidates and voters need the FEC to be responsive in order to run their campaigns and make informed decisions. That means getting the massive number of quarterly and monthly committee reports processed and on the website instantly. It means answering advisory opinion requests rapidly and with clear guidance. And it means keeping our enforcement docket moving and closing cases. I think we are meeting that goal so far, but I am laser focused on not letting the FEC get caught flat footed.

Washington Reporter:
As the New York Times noticed, you’ve built consensus with your Democratic colleagues to clarify and simplify campaign finance law. How have you accomplished this, especially at a time when other agencies seem to break down along party lines?

Sean Cooksey:
Working on a bipartisan, multi-member commission makes it hard to get big things done. That’s by design. We move slower, deliberate more, and compromise. But I’m proud of the major areas where we have found agreement and made significant changes to deregulate campaign finance, including on rules affecting technology and the internet, soft money, and canvassing. I give credit to the colleagues who have worked hard on these initiatives and who, like me, approach these issues with a practical mindset informed by real-world experience. The goal is to make campaign finance better, simpler, and fairer. We have a lot more to do.

Washington Reporter:
How do you approach the issue of applying older campaign finance laws to new technology?

Sean Cooksey:
I am really passionate about the role technology can play in making political campaigns better, cheaper, and more effective. The private sector needs the freedom to innovate in campaigns without being stifled by overbroad or overzealously interpreted regulations. So when I look at the intersection of older regulations to new technology, I fight the temptation to overstretch the rules to cover conduct that really isn’t included by their plain terms. I think many agencies are guilty of exaggerating their authorities over issues like artificial intelligence, social media platforms, and new communications technology. The FEC is one agency where we have exercised some restraint. We also have a number of important regulatory exemptions for the internet and the media, and I’m a strong defender of those.

Washington Reporter:
What’s the future of digital currency in the campaign finance system and political campaigns?

Sean Cooksey:
Cryptocurrency is another really exciting technology I think about a lot and that has the potential to make a big impact on how campaigns are financed and run. It’s not a fad or a gimmick, and its role is only going to grow. I think the major question is whether the FEC and the rest of the government can keep up. Updated guidance on crypto contributions and new advisory opinions would be a good start, and it’s something I want to work on.

Washington Reporter:
If Democrats change their presidential candidate, what happens to the money raised by the Biden/Harris team? Are there other campaign finance implications accompanying a possible candidate change?

Sean Cooksey:
The answer to this depends a lot on how the ticket changes and when, but it goes without saying that this would be a first in modern politics. I don’t want to speculate too much about how the rules would impact a specific scenario, and I wouldn’t be surprised if it leads to a request for an FEC advisory opinion. But one thing I can say definitively is that presidential campaigns can make unlimited transfers of funds to their party committees, in this case the Democratic National Committee. So that option is always on the table.

Washington Reporter:
You started as a Senate staffer in 2018 and were Senate-confirmed in 2020. If that’s not a record, it’s close to it. What’s the best piece of advice you have for staff starting on the Hill?

Sean Cooksey:
This is a hard question because I have so many opinions about how to make the most of a career on the Hill, and I love talking to folks about it. Let me give you three things briefly that I think are really key.

First, become an expert at what you do and make yourself indispensable. That applies to every job in a congressional office, from chief of staff to staff assistant. The best way to advance to a better job is to be great at the one you have. Second, politics is a team sport, and you should strive to be a good teammate. That means showing up, doing your best work, using good judgment, sharing credit, being honest, and being polite even when you’re fighting. Third, advocate for yourself and ask for help. If you don’t seek out that advice or that recommendation you need, you’re probably not going to get it. The worst thing people can say is no.

Washington Reporter:
How are you balancing being a dad with young kids with this demanding job? Ever bring your kids to work?

Sean Cooksey:
Work is important, but family has to be the priority because it’s worth infinitely more. Balancing the two is possible with boundaries, a supportive spouse and colleagues, good time management, and the right attitude. A big part of that balance, I think, is deciding what is important to you as a family and making that sacrosanct. Justice Antonin Scalia used to always tell young lawyers and clerks: “Be home for dinner. That’s when the little monsters are civilized.” I agree with that, and in our house, we have family dinner together around a table about 350 times per year. Work will always be there, but you only have one family.

And to your second question, I’ve spared my kids from having to come to my office, but they make regular appearances on Zoom. Fortunately, I don’t think they’ve crashed any official Commission meetings yet.

Washington Reporter:
You’ve made clear that your faith is an important part of your life. How does it impact your work?

Sean Cooksey:
That’s a good question. I can think of at least two major ways my Catholic faith affects my work, and they move me in different directions. The first is embodied in St. Ignatius’s motto Ad maiorem Dei gloriam, which means “For the greater glory of God.” Everything I do, including through my job, should ultimately be oriented toward love and service to God. I try my best to do that, although I fall well short. At the same time, there’s a countervailing truth in Christianity that this world is not our home, but we are looking forward to our eternal home in heaven, God willing. I think a persistent reminder that we’re all going to die and this world will pass away helps me maintain some perspective on work and life.

Washington Reporter:
Chairman Cooksey, thanks so much for your time.