President exercised executive power to terminate two commissioners of the Election Assistance Commission. A Republican commissioner resigned. The action sparked outrage among Democrats.
The Supreme Court has upheld the executive authority to remove commissioners. The move is the first major exercise of that power since the decision. The EAC has previously operated without a quorum for extended periods, indicating a history of staffing gaps.
Former commissioner Benjamin Hovland commented on his impending termination, citing the court decision. He outlined the agency's core responsibilities: certifying voting equipment, distributing grant money, conducting research, and sharing best practices.
Hovland noted that while staff will continue their work, the lack of a quorum hampers adoption of new voting system standards. He emphasized the agency’s bipartisan nature and its role in ensuring confidence in elections.
He warned that removing commissioners erodes norms and checks and balances, potentially undermining public trust in the democratic process.
The EAC’s accreditation process requires certification of independent laboratories that test voting systems. One lab’s accreditation expired in 2017 and was not renewed for more than three years, a lapse uncovered after the 2020 election.
A memo cited COVID-19 as a reason for delaying renewal, but the accreditation had lapsed years before the pandemic. Another lab’s accreditation term was misaligned with statutory limits.
The agency also develops Voluntary Voting System Guidelines. Prior to 2021, the guidelines were 1.0 and 1.1, adopted in 2005, and largely unchanged for fifteen years. Version 2.0 was adopted in 2021, though older guidelines remain in use unless state law requires otherwise.
The decision to remove commissioners raises questions about whether it was justified to address accreditation lapses and outdated guidelines, or whether it represented an attempt to influence elections for partisan benefit.
The episode highlights ongoing tensions over election administration and underscores the need for independent oversight to maintain public confidence.
