Why It Matters

The U.S. Election Assistance Commission (EAC) faces an institutional crisis that threatens its ability to function at a critical moment for election security.

The agency charged with helping states and localities improve election administration has been left without commissioners and unable to take official action. Congress has tasked the EAC with administering grant funding appropriated in response to election security concerns and pandemic effects on elections by issuing Executive Order 14248.

The order included provisions for EAC action on grant funding, election systems, and the federal mail voter registration form. But litigation related to the order was pending as of the document's writing. The EAC's FY2026 budget request did not request funding for grant programs, and subsequent executive activity appears to have limited the agency's ability to take certain actions on tasks addressed by the executive order and other agency work.

The Big Picture

The EAC was created by the Help America Vote Act of 2002 in response to the 2000 presidential election failures, most visibly in Florida. Designed as a support-oriented agency intended to assist and incentivize states rather than compel them, the commission operates with explicitly limited rulemaking authority confined to reporting on the National Voter Registration Act and developing the federal mail voter registration form.

Its primary work includes administering grant programs, providing voluntary voting system guidelines, testing and certification, issuing guidance for HAVA implementation, conducting research, and running a program to encourage college students to serve as poll workers.

Four commissioners, no more than two from the same party, are recommended by congressional leadership and appointed by the President subject to Senate confirmation. Three commissioners must approve key actions like updating voting system guidelines or promulgating regulations for the federal mail voter registration form.

That structure collapsed in 2026. One commissioner resigned in April, and three others were effectively removed on July 9, leaving the agency without the quorum needed to take official action. This marks the second time the commission has been left without members and the third time it has lacked the requisite quorum to function.

Between fiscal 2013 and 2019, the EAC operated with only 20 to 30 full-time equivalent staff positions, a dramatic decline from 50 FTEs in 2010. During the 112th through 115th Congresses, some members introduced legislation to terminate the agency, and the House Appropriations Committee recommended cutting or eliminating its funding each year between 2012 and 2018.

The Senate stopped confirming nominees to the EAC's commission during part of that period, and some congressional leaders stopped recommending nominees to the agency's commission during part of that period.

The Bottom Line

Without commissioners, the EAC cannot approve the federal mail voter registration form or update voluntary voting system guidelines. Litigation related to Executive Order 14248 was pending as of the document's writing.

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