President Donald Trump fired all three remaining members of the U.S. Election Assistance Commission on Thursday, abruptly disabling the only federal agency devoted solely to election administration at a moment when Trump has sought to reshape federal voting rules.
The two Democratic commissioners, Thomas Hicks and Benjamin Hovland, were notified by email. “On behalf of President Donald J. Trump, I am writing to inform you that your position as Commissioner of the Election Assistance Commission is terminated, effective immediately. Thank you for your service,” the email said. It was signed by Morgan DeWitt Snow, deputy director of presidential personnel in the Executive Office of the President.
The third commissioner, Republican Christy McCormick, was allowed to resign, according to three sources within the agency. McCormick declined to comment when reached by phone. The agency’s fourth commissioner, Republican Donald Palmer, voluntarily departed the agency earlier this year to join the Heritage Foundation….
The Supreme Court issued two major removal-power decisions at the end of its term in late June. In Trump v. Slaughter, the court overturned decades of precedent and said that the president may remove leaders of independent agencies, such as the Federal Trade Commission, which was the subject of the case.
In a separate case involving the Federal Reserve, however, the court recognized a different rule for Fed governors, pointing to the long historical independence of central banking institutions.
Whether bipartisan election agencies fall into the first category, the second, or some yet-undefined exception remains unresolved.
“It’s an open question about the EAC and the [Federal Election Commission],” said Rick Hasen, an election law professor at UCLA. “The question has not been tested as to whether political entities created with bipartisan balance might be subject to another exception.”
Earlier this year, Trump fired Ellen Weintraub, a Democratic commissioner on the FEC who had served for years in holdover status after her term expired. Weintraub did not sue, leaving unresolved whether the president can fire members of bipartisan election commissions at will.
If any of the fired EAC commissioners challenge their removals, the case could become the first direct test of whether the Supreme Court’s new removal-power doctrine extends to federal election agencies structured around bipartisan balance….
The immediate practical effect is clear: The EAC cannot act.
That could stall not only routine commission business, but also any attempt by the Trump administration to use the agency to alter the federal voter registration form or voting-system standards before the 2026 midterms.The EAC also oversees the federal testing and certification program for voting systems, accrediting labs and certifying whether machines meet federal standards known as the Voluntary Voting System Guidelines. Many states rely on that certification before allowing voting equipment to be purchased or used.
With no commissioners in place, it is unclear whether the agency can approve new certifications, update lab guidance, or resolve policy questions tied to voting-system standards….
To me, the bigger question is what Trump might try to do with the EAC without commissioners. Most boldly (and I would argue illegally) Trump could try to direct the commissioner-less EAC to do his bidding, for example by stating that the EAC must amend the federal voter registration form that states must accept for federal elections to include documentary proof of citizenship. Trump’s first voting-related EO tried to do this, and he was stymied. But that was acting through the commissioners and before the Slaughter case.
If he tries anything like this, it will be high profile and very important litigation that will end up at the Supreme Court on the emergency docket over the summer.
Stay tuned.