Verified profile

Michael E. Toner

Partner at Wiley Rein LLP

Michael E. Toner's profile photo
LocationWashingtonDistrict of Columbia, United States
Current rolePartnerWiley Rein LLP · since Jan 2011
Government service5yrsFederal Election Commission (FEC) · Administration Office, Executive Office of the President

About

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.

An active author, Michael has contributed chapters to a large number of  books over the years including, A Return to Normalcy?  The 2020 Election That (Almost) Broke America, The Blue Wave:  The 2018 Midterms and What They Mean for the 2020 Election, Trumped:  The 2016 Election That Broke All the Rules, The Surge, Barack Obama and the New America, Pendulum Swing, The Year of Obama, The Sixth Year Itch, and Divided States of America: The Slash and Burn Politics of the 2004 Presidential Election. His articles have been published in The Washington Post, USA Today, The Boston Globe, The Chicago Tribune, The Washington Times, The Hill, Campaigns & Elections, Roll Call, and University of Virginia Professor Larry Sabato’s Crystal Ball. He has appeared as a guest commentator on Fox News Channel, ABC News, CBS Evening News, MSNBC, Bloomberg News, Fox Business Network, C-SPAN, The BBC, and National Public Radio.

Roles

Jan 2011–Present
Current role

Partner

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationPlanning, Policy, StrategyGovernment

Co-Chair, Wiley Rein Election Law and Government Ethics Practice Group.

Named by Chamber USA as one of “America’s Leading Lawyers for Business.”

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.

Served as outside counsel to former Florida Governor Jeb Bush’s presidential campaign.

Jan 2015–Jan 2016
Former role

Outside Counsel

former Florida Governor Jeb Bush’s Presidential Campaign

Elections & Politics
Jan 2011–Jan 2011
Former role

Outside Counsel

former Minnesota Governor Tim Pawlenty’s Presidential Campaign

Minnesota

Elections & Politics
Jan 2007–Jan 2011
Former role

Partner

Bryan Cave LLP

Washington | Batimore, District of Columbia

Civil LitigationPlanning, Policy, Strategy

Leader, Bryan Cave Election Law and Government Ethics Practice Group.

President, Bryan Cave Strategies

Jan 2002–Jan 2007
Former role

Chairman and Commissioner

Federal Election Commission (FEC)

(appointed)District of Columbia

Elections & PoliticsRegulatory Specialist

Chairman (2006) and Commissioner (2002 - 2007)

Oversaw implementation of the McCain-Feingold campaign finance law.

Managed independent federal regulatory agency with annual appropriation in excess of $50 million and over 350 employees.

Jan 2001–Jan 2002
Former role

Chief Counsel

Republican National Committee

Washington | Batimore, District of Columbia

Elections & Politics

Oversaw the RNC’s legal division responsible for maintaining compliance with federal and state election laws.

Advised the Republican Party regarding the 2000 redistricting cycle.

Nov 2000–Jan 2001
Former role

General Counsel

Administration Office, Executive Office of the President, Bush/Cheney Transition

(appointed)District of Columbia

Elections & Politics

Responsible for ensuring that the Bush/Cheney Transition operated in accordance with the Transition Act of 1963 and all applicable ethics laws.

Jan 1999–Jan 2001
Former role

General Counsel

Bush/Cheney 2000

Austin, Texas

Elections & Politics

Managed presidential campaign’s in-house legal division.

Advised and represented the campaign on a wide range of legal matters, including federal election law compliance, ethics issues, general corporate and liability matters, trademark and copyright issues, and personnel matters.

Jan 1999–Jan 2001
Former role

General Counsel

Bush/Cheney 2000

Austin, Texas

Elections & Politics

Managed presidential campaign’s in-house legal division.

Advised and represented the campaign on a wide range of legal matters, including federal election
law compliance, ethics issues, general corporate and liability matters, trademark and
copyright issues, and personnel matters.

Jan 1997–Jan 1999
Former role

Deputy Counsel

Republican National Committee

Washington | Batimore, District of Columbia

Elections & Politics
Jan 1996–Jan 1996
Former role

Counsel

Dole-Kemp Presidential Campaign

Elections & Politics
Jan 1995–Jan 1995
Former role

Lecturer

University of Virginia

Charlottesville, Virginia

Education
Jan 1995–Jan 1995
Former role

Adjunct Law Professor

William & Mary Law School

Williamsburg, Virginia

Professor
Jan 1992–Jan 1996
Former role

Associate Attorney

Wiley Rein LLP

Washington | Batimore, District of Columbia

Legal Officers and Practitioners

Representative matters

Experience

May 2025

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.

Recognition

Honors

America's Leading Lawyers for Business

Chambers USA

January 2024

Listed by Chambers USA as one of “America's Leading Lawyers for Business” in Political Law, which commends him for being “heralded as an authority in campaign finance” (2010-2024)

Government Relations Practice

The Best Lawyers in America directory

January 2023

Included in The Best Lawyers in America directory for Government Relations Practice (2012-2023)

Washington's Best Lawyers

Washingtonian magazine

January 2022

Named one of “Washington's Best Lawyers” (2011, 2013) and one of "Washington's Top Lawyers” (2015, 2017, 2018, 2024) by Washingtonian magazine; named to Washingtonian’s “Top Lawyers Hall of Fame” (2022)

Super Lawyers

Super Lawyers magazine

January 2013

Named one of DC's “Super Lawyers” for Political Law (2012-2013) and Legislative & Governmental Affairs (2014-2020, 2023) by Super Lawyers magazine.

One of 10

Campaigns & Elections to “The Influencers 50: Enforcers”

January 2013

One of 10 named by Campaigns & Elections to “The Influencers 50: Enforcers” (2013)

Publications & speeches

Fortenberry Conviction Reversal Affects Calculus for Witnesses

Wiley.law

February 2024

Link

Fortenberry Conviction Reversal Affects Calculus for Witnesses

Bloomberg Law

January 2024

A Ninth Circuit decision in former Nebraska lawmaker Jeff Fortenberry’s criminal case signals new complexities to cooperating with investigators that witnesses should carefully consider.

Link

Changes at the FEC in 2020

Wiley.law

December 2020

Today, the U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be appointed by the White House soon. After the three new Commissioners are sworn in, they will fill three empty seats on the Commission and restore a quorum for the agency to conduct business. The six-member Commission had lacked the necessary quorum of at least four Commissioners for 13 of the last 15 months – it had a quorum for only two months since September 2019. The addition of three new Commissioners will restore the full complement of six Commissioners to the agency.

Link

Senate Confirms New FEC Commissioner, Restores Quorum to Agency

Wiley.law

May 2020

Today, the U.S. Senate voted to confirm three new nominees to serve as Commissioners of the Federal Election Commission (FEC or Commission). The nominees are Shana Broussard, Sean Cooksey, and Allen Dickerson. They are expected to be appointed by the White House soon. After the three new Commissioners are sworn in, they will fill three empty seats on the Commission and restore a quorum for the agency to conduct business. The six-member Commission had lacked the necessary quorum of at least four Commissioners for 13 of the last 15 months – it had a quorum for only two months since September 2019. The addition of three new Commissioners will restore the full complement of six Commissioners to the agency.

Link

Honest Ads Act Is False Advertising

The Wall Street Journal

October 2019

Link

Crypto Advocacy in Action: A Conversation with Coinbase's Nick Carden

Wiley.law — PODCAST

May 2025

In this episode, Frank welcomes two distinguished guests: Nick Carden, Associate General Counsel at Coinbase, and Michael Toner, Chair of Wiley's Election Law and Government Ethics Practice. Together, they discuss the rollercoaster political atmosphere surrounding crypto, including the challenges of "regulation by enforcement" under the previous administration and the proactive steps the industry has taken for clearer regulatory frameworks. Tune in for a comprehensive look at the ever-evolving intersection of crypto and politics!

Link

Association Compliance Overview

National PAC Conference — JW Marriott, Austin, TX.

February 2025

Link

Panel: Recap of 2024 Election

Jack Morton Auditorium, George Washington University The UVA Center for Politics

November 2024

Join the UVA Center for Politics for the 26th Annual American Democracy Conference, presented by the American Property Owners Alliance. Step into a compelling dialogue on politics as we reflect on the recent elections and discuss predictions for the future of the political landscape. This event will provide an opportunity to analyze the outcomes, consider their implications, and explore emerging trends that may shape our democratic future. Your insights and participation will contribute to a richer understanding of the evolving political environment.

Link

Compliance Best Practices for Association PACs

Public Affairs Council — Virtual Workshop

September 2020

Link

Compliance Roundtable: Raffles, Sweepstakes and Other Incentives

2020 National Public Affairs Council Conference — Miami, FL

March 2020

Link