Moran, Blunt, Thune: Votes by outgoing FTC commissioners shouldn’t count

Once a commissioner’s term has expired on the Federal Trade Commission (FTC), he or she should no longer be able to cast a vote on an issue pending before the FTC, say U.S. Sens. Jerry Moran (R-KS), Roy Blunt (R-MO) and John Thune (R-SD).

Toward that goal, the senators on Dec. 2 introduced the FTC Integrity Act, S. 3311, which would amend the FTC Act to prohibit votes cast by former commissioners from having any effect after they leave the commission and which would apply retroactively to any vote taken after Jan. 1, 2021.

“Your last day in office is the last day your vote should count — whether you serve on the school board or the FTC,” said Sen. Moran, who sponsored S. 3311. “It’s absurd that votes cast by commissioners on outstanding issues can be counted up to 60 days past their departure. This needs to stop to protect the integrity of the commission and because it’s just plain common sense.”

Sen. Moran was alluding to a Nov. 8 story published in Politico, which reported that former Democratic FTC Commissioner Rohit Chopra cast 20 votes by email on Oct. 8 — his last day at the agency — that remained active even after his departure.

According to the FTC’s interpretation of a rule, any of the five commissioners may introduce a motion for a vote and if no one responds, then the motion fails after 30 days. 

However, if another commissioner seconds the motion, then it may live on for another 30 days, allowing the votes of commissioners who have left the FTC to remain active up to 60 days after their departure, according to the article, entitled “‘Zombies’ to the rescue: The arcane voting rule that could save Dems’ antitrust agenda.”

If enacted, S. 3311 would establish procedures for the treatment of votes by departed commissioners, according to the text of the bill.

“To cast a vote in the Federal Trade Commission, you ought to actually be on the commission,” said bill cosponsor Sen. Blunt. “This zombie voting completely ignores the important role of the Senate in the confirmation process, and it’s totally inconsistent with how federal agencies should operate. I’m proud to join my colleagues in supporting this bill to eliminate this unacceptable practice.”

“The FTC plays a critical role in ensuring there’s both consumer protection and fair competition in the marketplace — issues of great importance to many Americans,” said Sen. Thune, also a bill cosponsor. “As the agency continues its focus on these issues, it’s imperative that the FTC works to increase transparency and end its practice of using ‘zombie votes’ on matters before the agency.”