Washington D.C. — The federal Election Assistance Commission (EAC) entered a period of operational uncertainty Thursday after President Donald Trump removed the agency’s remaining commissioners, effectively halting its ability to conduct official business. The White House confirmed the action, which involved the termination of two Democratic commissioners and the resignation of a Republican commissioner, leaving the four-member body without the necessary quorum.
"The Greatest Increase in Presidential Power in the last 100 years." — President Donald Trump, Truth Social Post
Established by Congress through the Help America Vote Act of 2002 following the disputed 2000 presidential election, the EAC plays a crucial, albeit indirect, role in federal election administration. While it does not directly run elections, the commission is instrumental in shaping federal guidance, setting voting-system standards, and providing resources to state and local election officials. Its responsibilities include distributing federal election grants, certifying voting systems, accrediting testing laboratories, maintaining the federal mail voter registration form, and issuing guidance on election administration best practices. Federal law mandates that commissioners are nominated by the president based on recommendations from congressional leaders of both parties, with no more than two commissioners belonging to the same political party. All nominees require Senate confirmation.
The White House delivered the removals through written notices from the Presidential Personnel Office, informing Democratic Commissioners Thomas Hicks and Christy Hovland that their appointments had ended immediately. Republican Commissioner Christy McCormick opted to resign rather than receive a termination notice. Another Republican commissioner, Donald Palmer, had already departed the commission earlier in the year. These departures have left the four-member commission entirely vacant, rendering it unable to achieve the quorum required to take formal action on any matters, including vital voting-system certifications.
This move by President Trump follows a recent Supreme Court ruling that expanded presidential authority to remove leaders of certain independent federal agencies. The ruling has prompted questions regarding the intended independence of agencies like the EAC, which Congress designed with bipartisan requirements. A White House official told Reuters that President Trump "reserves the right to remove individuals that may not be totally aligned with the important task of securing America’s elections and ensuring every legal vote is counted." President Trump himself celebrated the Supreme Court’s decision in a Truth Social post, hailing it as "the Greatest Increase in Presidential Power in the last 100 years."
The immediate consequence of the commissioner removals is the EAC’s inability to perform its core functions, creating operational challenges ahead of the upcoming 2026 midterm elections. Without a quorum, the agency cannot certify new voting systems, accredit testing labs, or distribute federal grants, potentially impacting the resources and standards available to state and local election administrators.
Beyond the operational paralysis, the dismissals could precipitate a significant legal battle over the boundaries of presidential authority and the independence of bipartisan federal agencies. Election law professor Rick Hasen of UCLA told Votebeat that the issue remains legally unsettled. He noted that the Supreme Court has not yet specifically addressed whether election-related commissions, structured with explicit party balance requirements, receive the same protections from direct White House control as other independent agencies. Any legal challenge from the removed commissioners could serve as the first direct test of how the Court’s expanded removal doctrine applies to agencies designed for bipartisan oversight.
The decision has drawn differing reactions. Arizona Secretary of State Adrian Fontes expressed concerns, arguing the decision could disrupt election administration ahead of the 2026 midterm elections, as reported by The Guardian. Michael Waldman, president of the Brennan Center for Justice, stated that the removals leave the commission unable to perform key responsibilities, according to USA Today. Conversely, the White House has consistently affirmed the president's inherent authority to remove commissioners, reiterating its steadfast commitment to election security and ensuring that every legal vote is meticulously counted.
The administration has not yet announced when it intends to nominate replacement commissioners or who those nominees might be. Until new commissioners are nominated by the President and subsequently confirmed by the Senate, the Election Assistance Commission will remain unable to carry out its official mandate, leaving a critical federal election body in limbo.
