Trump fires all Election Assistance Commission members, leaving agency unable to act

The firings leave the federal election agency with no commissioners as Trump seeks to reshape voting rules.

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.

Cartoon by Drew Sheneman — Drew Sheneman/Tribune Content Agency

The firings leave the four-member commission with no commissioners, meaning it cannot take official action until new members are installed. They also come days after the Supreme Court granted the president power to fire leaders of independent agencies, weakening a legal framework that for decades had insulated bipartisan federal commissions from direct White House control.

The EAC was created by Congress after the 2000 election to help states improve election administration without federalizing elections.Its role is mostly supportive: distributing federal election funds, maintaining the national mail voter registration form, testing and certifying voting systems, and offering best practices and guidance to state and local election officials.

Trump cannot simply install replacement EAC commissioners on his own. Commissioners must be nominated by the president and confirmed by the Senate, and no more than two can come from the same party.

A White House official defended the firings, saying, “The President, and head of the Executive Branch, 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. The Slaughter decision gives the President precedence to do so.”

The official added that the administration has been working “across all agencies and local partners to safeguard elections from fraud and abuse” and to strengthen election infrastructure ahead of the 2026 midterm elections.

The EAC did not respond to a request for comment.

A possible legal test after Supreme Court rulings

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 Help America Vote Act, which created the EAC, says the president is supposed to consider recommendations from the Senate and House majority and minority leaders when nominating new EAC commissioners.

In practice, Hasen said, that means both parties typically work with the administration to identify nominees. But “that’s more a custom than something that’s in the statute itself.”

That means Trump could try to nominate Democrats acceptable to him, though they would still need Senate confirmation. HAVA does not appear to create a separate shortcut for temporary commissioners: Vacancies are filled “in the manner in which the original appointment was made,” meaning presidential appointment and Senate confirmation. A recess appointment could raise separate legal questions.

A bipartisan agency with no commissioners left

The EAC does not run elections or tell local officials how to run them, but the agency has long been politically contested. Congress designed it as a bipartisan commission, with no more than two members from the same party, but vacancies, partisan fights, and leadership turmoil have repeatedly limited its ability to act. Election officials and watchdogs have also criticized the agency at different points for failing to assert itself on election security, even as its responsibilities became more urgent after Russian interference in the 2016 election.

Hicks, the commission’s chair, had served on the EAC since 2014 and previously worked for Democrats on the House Administration Committee, which oversees federal election law and election administration. Hovland joined the commission in 2019 after being unanimously confirmed by the Senate and had previously served as acting chief counsel to the Senate Rules Committee and as a senior counsel on election matters.

McCormick had served on the EAC since 2014 and previously worked as a senior trial attorney in the voting section of the Justice Department’s Civil Rights Division.

What happens while the EAC is frozen

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.

The EAC has been without a quorum before. For years, vacancies rendered the agency unable to perform major parts of its work, contributing to long delays in updating voting-system guidance. The agency regained stability only after the Senate confirmed new commissioners in 2019.

Now, with the 2026 election cycle underway, the agency is again frozen — this time not because commissioners resigned or terms expired, but because the president removed all of them at once.