Elon Musk could be facing a major challenge as he works to launch his new ‘America Party’. 

The former ‘First Buddy’ announced the foundation of the new party on his X social media platform on Saturday.

However, there currently exists a bureaucratic obstacle to Musk getting the new movement off the ground: the Federal Elections Commission.

The FEC states that ‘new party organizations must register with the FEC when they raise or spend money over certain thresholds in connection with a federal election.’

So far, it appears no such registration has been made by Musk, as The New York Times reported the Tesla CEO’s game plan to this point has been ‘more conceptual than pragmatic.’ 

Even if he had, however, there may be no potential approval coming from the FEC in the near future by design.

The agency is meant to be run by six commissioners, appointed by the sitting president.

Right now, there are three empty seats on the FEC, not enough to form what’s known as a quorum necessary for governing. 

Elon Musk (right) may face a hurdle at the federal level to get his new ‘America Party’ up and running

Trump (pictured) has yet to appoint any new commissioners to the FEC, leaving it essentially unable to give rulings

Three commissioners have stepped down since the president began his second term in January, leaving it essentially defunct until Trump makes those appointments.

Trump has yet to name any potential nominees and the White House has yet to address Musk’s intention to form a new party. DailyMail.com has approached the White House for comment. 

Democrat Ann Ravel, who served on the FEC from 2013 to 2017, believes Trump may already want to leave it in shutdown mode for his own motivations.  

‘Clearly, there is no doubt that President Trump wants to purposely leave the FEC without a quorum,’ she claimed to Open Secrets. 

The America Party’s founding came after Musk created an online poll on July 4 asking his followers whether to establish the new party.

The results came back 65.4 percent in favor, leading Musk to make the announcement.

‘By a factor of 2 to 1, you want a new political party and you shall have it!’ Musk wrote.

‘When it comes to bankrupting our country with waste & graft, we live in a one-party system, not a democracy. 

The agency is meant to be run by six commissioners, appointed by the sitting president. Right now, there are three empty seats on the FEC, not enough to form what’s known as a quorum necessary for governing

The America Party’s founding came after Musk created an online poll on July 4 asking his followers whether to establish the new party 

‘Today, the America Party is formed to give you back your freedom.’

Musk had been elevated to a prestigious role within the White House acting as a special advisor to the president and overseeing the Department of Government Efficiency.

But in recent months a rift has emerged and the two former friends have been embroiled in embarrassing public spats played out over social media.

Many had predicted that Trump and Musk’s rosy bromance wouldn’t last long and some pointed to betting markets on when they would turn on each other.

Betters heavily favored a fallout before July 1, 2025, less than six months after Musk joined Trump’s administration as a special advisor.

In just a matter of months Musk went from spending $288 million for Trump’s election campaign, to slinging insults about him online.

The bust up occurred after Musk stepped down from DOGE over Trump’s ‘Big Beautiful Bill’ which ends tax breaks for electric vehicles, which are Tesla CEO Musk’s passion project.

Musk also argued that the bill undercut DOGE’s cost-cutting efforts by increasing the deficit.

The rift deepened after the president rescinded his nomination offer to Musk-ally Jared Isaacman for NASA administrator over donations he made to the Democrats.

Since then Trump and Musk have engaged in public mudslinging against each other.

Musk accused the president of ingratitude and claimed he would have lost the election without him, while Trump branded him ‘crazy’.

 Since their public break-up, Musk has threatened to start a new, third political party and buttress the reelection campaign of Republican Rep. Thomas Massie, one of the no votes on Trump’s big bill. 

Trump recently outed himself as the person who leaked details about Musk’s alleged drug use, according to author Michael Wolff, who penned the eye-popping book Fire and Fury: Inside the Trump White House.

The New York Times reported that during the 2024 presidential campaign, the billionaire used so much ketamine he was having bladder problems and also used Ecstasy, psychedelic mushrooms and what appeared to be Adderall.

Musk has denied The Times’ reporting and released a drug test online since.