On July 9, 2026, President Trump removed all three remaining members of the Election Assistance Commission (EAC), which was established by Congress to assist state governments in administering elections and certifying voting equipment. The EAC is composed of four members appointed by the president with Senate approval, serving fixed four-year terms. Although the members do not have statutory removal protections, the commission was designed to maintain independence through bipartisan requirements and collective decision-making.
In the Supreme Court case Trump v. Slaughter, the Court upheld the president's authority to remove principal officers, such as EAC members, to ensure the execution of laws. However, the authors of this analysis argue that such removals can undermine the president's obligation to execute laws faithfully, particularly when they leave an agency unable to function.
The immediate effect of the removals is that the EAC cannot act, as it requires at least three members to approve any actions. The Help America Vote Act of 2002 (HAVA) does not establish a quorum rule, but its voting rule effectively requires a majority of members to act. With no members currently in office, the EAC cannot approve grant funding for states or amend the Voluntary Voting System Guidelines.
The Federal Vacancies Reform Act (FVRA) does not allow the president to appoint acting officials to fill these vacancies on multimember commissions, leaving the EAC unable to perform its duties. The process for appointing new members is lengthy, as the president must consider recommendations from congressional leadership, and the Senate has not confirmed a new commissioner since February 2019.
The EAC's situation is not unique; during the first nine months of Trump's second administration, fifteen federal commissions lacked a quorum, including significant regulatory bodies like the Equal Employment Opportunity Commission and the Federal Communications Commission. Restoring quorums has often taken considerable time, affecting the ability of these agencies to function effectively.