No Commission at the top, but the paperwork and reporting apparatus is still there. Both parties are keeping nominees from being seating. DEMs don't want to confirm on Hans A. von Spakovsky, and the GOP is blocking individual straight up-or-down votes on the four pending nominees (vote as a package of four, or no vote, is the GOP position)
The DEMs are also blocking recess appointments.
But even without a functioning Commission, one can view the facts and come to an independent opinion as to the validity of the McCain campaign statements.