Breaking: National Democratic Party Calls For FEC Investigation of John McCain

Federal Election Commission Chairman David Mason notified McCain last week that he can only withdraw from public financing if he answers questions about a campaign loan and obtains approval from four members of the six-member commission. Such approval is doubtful in the short term because the commission has four vacancies and cannot convene a quorum.
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From wiki

The Federal Election Commission (or FEC) is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act. It describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections."

The Commission is made up of six members, who are appointed by the President of the United States and confirmed by the United States Senate. Each member serves a six-year term, and two seats are subject to appointment every two years. By law, no more than three Commissioners can be members of the same political party, and at least four votes are required for any official Commission action. This structure was created to encourage nonpartisan decisions and, some claim, to discourage rulings which would be harmful to both major parties.

The Chairmanship of the Commission rotates among the members each year, with no member serving as Chairman more than once during his or her term. As of January, 2008, four of the six Commission seats were vacant, as the Senate failed to vote on full terms for recess appointees and nominees Hans von Spakovsky (Republican), Robert Lenhard and Steven Walther (Democrats) to the Commission. This Senate failure was due to partisan fighting over the nomination of von Spakovsky, who had served on a recess appointment from January of 2006 through December of 2007. Additionally, no Republican has been nominated to replace Michael Toner, who resigned in March of 2007. Thus the current composition of the FEC includes Republican commissioner David Mason (Chairman) and Democratic commissioner Ellen Weintraub (Vice Chair). Both Commissioners Mason and Weintraub are serving past the end of their terms because successors has not yet been named, so that as of January 2008 none of the six Commission seats was filled by a duly nominated and Senate-confirmed Commissioner.