Why it Matters

The removal of the three remaining U.S. Election Assistance Commission commissioners in July has left the bipartisan agency without a quorum, preventing it from taking most official actions.

Under the Help America Vote Act (HAVA), the commission generally requires at least three of its four commissioners to approve major actions, and it currently has none. The leadership vacuum comes as the administration seeks to implement election-related priorities that include changes to voting system standards and the federal voter registration form, some of which remain the subject of ongoing litigation.

The Big Picture

Congress established the Election Assistance Commission in 2002 through HAVA in response to problems identified during the 2000 election. The agency was designed to support state and local election officials by administering election grants, developing Voluntary Voting System Guidelines, certifying voting systems, conducting research and maintaining the federal mail voter registration form.

The EAC's structure reflects Congress' intent that it operate on a bipartisan basis. HAVA requires no more than two commissioners from the same political party, and most commission actions require approval from at least three commissioners. All commissioners are nominated by the president and confirmed by the Senate.

The three commissioners who departed in July represented both parties. Thomas Hicks was recommended by then-House Democratic Leader Nancy Pelosi (D-CA) and appointed by President Barack Obama. Benjamin Hovland was recommended by Senate Democratic Leader Chuck Schumer (D-NY) and appointed by President Donald Trump. Christy McCormick was recommended by Senate Republican Leader Mitch McConnell (R-KY) and appointed by President Obama.

Commissioner Donald Palmer resigned on April 30. On July 9, the three remaining commissioners left the commission after Thomas Hicks and Benjamin Hovland were notified of their dismissals by the Executive Office of the President and Christy McCormick was permitted to resign. The White House cited the Supreme Court's June 29th decision in Trump v. Slaughter, which expanded presidential removal authority over members of certain independent agencies.

Political Stakes

The removal of all three commissioners represents a significant loss for one of the federal government's few institutions explicitly designed around bipartisan governance, according to Matt Weil of the Bipartisan Policy Center. The departures left the EAC without a quorum for the third time since 2003. Previous periods without a quorum occurred between December 2010 and January 2015 and between March 2018 and February 2019.

In March 2025, President Trump issued an executive order directing the EAC to revise the Voluntary Voting System Guidelines and require documentary proof of citizenship on the federal mail voter registration form. Several provisions of that executive order remain subject to litigation after federal courts blocked key portions of the directive.

The commissioners were selected through a bipartisan nomination process established by HAVA. Benjamin Hovland, a Trump appointee, was removed alongside Obama appointees Hicks and McCormick.

According to the Center for Democracy and Technology, election officials need a "Plan B" following the commissioner removals. The organization noted that previous losses of an EAC quorum delayed updates to the Voluntary Voting System Guidelines and accreditation of voting system testing laboratories. The EAC had also recently expanded certain services as the Cybersecurity and Infrastructure Security Agency reduced its election administration activities.

The Bottom Line

The U.S. Election Assistance Commission cannot operate without commissioners, and as of right now, none are in place. The agency was designed to require bipartisan consensus for major actions, but that structure is now irrelevant as it lacks the personnel to take action. The pending litigation on the March 2025 executive order creates a secondary problem: even if a quorum were restored, the agency would be unable to comply with presidential directives that courts may determine exceed its authority.

A 2015 continuity policy allows the EAC's executive director and advisory bodies to continue functioning in the absence of commissioners, but all policymaking tasks are reserved for commissioners. The agency can process grant applications and provide technical assistance, but it cannot update voting system standards, certify new testing laboratories, or issue binding guidance. The broader question is whether the EAC, created to depoliticize election administration, can recover the institutional independence that justified its existence.

Access the Legis1 platform for comprehensive political news, data, and insights.

Spot something wrong? Report an issue with this article