Michael E Toner

Practice Areas

Michael, a former Chairman of the Federal Election Commission (FEC), is a seasoned election law expert and political veteran with a wealth of experience advising candidates, political committees, trade associations, and corporate clients on federal and state election law compliance. Chambers USA recognizes Michael among the nation’s top-tier of election lawyers, bringing “invaluable” (2015) and “unequal” (2011) insight into the field, and citing sources who note that he is a “terrific, first-class election lawyer” (2022), “is really good at handling relationships” (2022), is “excellent” (2013), and is a “superstar” (2012). Chambers USA further notes that “he calibrates risk, practicality and the law better than 99% of other outside counsel” (2016) and “his background of government service gives him great insight into the workings of the Federal Election Commission and the way it thinks” (2014).

In addition to advising clients on a wide variety of regulatory compliance matters, Michael also has an active litigation practice and has led litigation teams in a number of areas in recent years, including campaign finance and First Amendment litigation, election administration cases, and commercial litigation, including actions involving the financial services industry and constitutional takings claims.

Career

Chairman (2006) and Commissioner (2002-2007), Federal Election Commission; Chief Counsel (2001-2002) and Deputy Counsel (1997-1999), Republican National Committee; General Counsel, Bush-Cheney Transition team in Washington, DC and Bush-Cheney 2000 Presidential Campaign; Counsel, Dole-Kemp Presidential Campaign (1996); Outside Counsel, former Tennessee U.S. Senator Fred Thompson's Presidential Campaign (2007-2008); Outside Counsel, former Minnesota Governor Tim Pawlenty's Presidential Campaign (2011); Outside Counsel, former Florida Governor Jeb Buh's Presidential Campaign (2015-2016); Adjunct Professor, William & Mary Law School; Lecturer, University of Virginia

Professional Memberships

District of Columbia Bar; Supreme Court of the United States; U.S. Court of Appeals for the Fourth Circuit; U.S. District Courts for the District of Columbia and Eastern District of Virginia; U.S. Court of Federal Claims; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the D.C. Circuit; Board of Advisors, University of Virginia Center for Politics; The Council on Governmental Ethics Laws (COGEL); Public Affairs Council (PAC); State Government Affairs Council (SGAC)

Experience

Advises corporations, trade associations, campaign committees, political party committees, and individuals on complying with federal and state election laws, federal and state lobbying laws, ethics and gift restrictions, Office of Congressional Ethics (OCE) matters and congressional investigations.

Counsels members of Congress, Executive branch officials, Executive branch nominees, and others regarding compliance with ethics laws and rules, including financial statements and other disclosure obligations associated with confirmation proceedings.

Education