By Alex Knott, CQ Staff

The Federal Election Commission’s attempt to pursue business as usual was cut short again Thursday after questions were raised about its authority to act on issues without at least a four-member quorum present.

The Senate standoff over FEC nominations has left the agency with only two active members, not enough to implement new rules and opinions, much less enforce campaign finance laws.

As a result, Sen. Pete V. Domenici , R-N.M., pulled his request to use campaign funds to pay legal bills, despite being given a green light to do just that in an FEC advisory opinion issued two weeks ago.

At the same time, the Club for Growth asked that consideration of its request to shorten or eliminate disclaimers now required to accompany 10- to 15-second issue ads be delayed.

Domenici’s lawyers said the lack of a quorum makes it clear that the FEC “will be unable to rule on our request” definitively.

Likewise, the Club for Growth said it would wait for an official ruling by a full contingent of commissioners even though a draft opinion has already been issued recommending that its request be denied.

Consideration of a third case involving SpeechNow.org and the issue of unlimited contributions from individuals was also delayed. Chairman David M. Mason, however, asked that an advisory opinion on the case be rewritten.

The FEC recently lost three commissioners who had served in 2007 after their presidential recess appointments expired, which already has left the agency unable to implement, much less enforce, the bundling provision in the new lobbying law (PL 110-81).

The current deadlock centers on President Bush’s renomination of Hans von Spakovsky, a former assistant attorney general for civil rights. Liberal groups have attacked von Spakovsky for advocating use of photo identification at the polls. Democratic Sens. Barack Obama of Illinois and Russ Feingold of Wisconsin placed holds on his confirmation.

In response, Senate Minority Leader Mitch McConnell , R-Ky., has refused to allow confirmation of three other nominees to move forward, despite criticism from a number of campaign watchdog groups. The White House has refused to withdraw von Spakovsky’s nomination.