U.S. Election Assistance Commission

U.S. Election Assistance Commission
Agency name	U.S. Election Assistance Commission
Formed	2004
Jurisdiction	Federal government of the United States
Headquarters	Washington, D.C.
Chief1 position	Chair
Chief2 position	Vice Chair
Website	https://www.eac.gov/

U.S. Election Assistance Commission. The U.S. Election Assistance Commission is an independent, bipartisan federal agency created by the Help America Vote Act of 2002 in the aftermath of the contentious 2000 United States presidential election. Its primary mission is to serve as a national clearinghouse of information on election administration and to assist the states in improving their voting systems and procedures. The commission administers federal grants, develops voluntary voting system guidelines, and accredits testing laboratories to certify voting equipment.

History and establishment

The agency was established directly in response to the electoral administration issues highlighted during the 2000 United States presidential election, particularly the controversies in Florida surrounding punch-card ballot systems and the subsequent Supreme Court decision in Bush v. Gore. Bipartisan legislation, the Help America Vote Act of 2002, was signed into law by President George W. Bush to address these problems, creating the commission as a cornerstone of federal election reform. The first commissioners were appointed in late 2003, and the agency became fully operational in 2004. Its creation marked a significant shift, introducing a permanent federal body dedicated to supporting the traditionally state-run domain of election administration.

Structure and leadership

The commission is structured with four commissioners appointed by the President of the United States and confirmed by the United States Senate. By statute, no more than two commissioners may be affiliated with the same political party, ensuring bipartisan representation. Commissioners serve staggered four-year terms. The commission selects a chair and vice chair from among its members, with these leadership positions alternating between the two major political parties every year. The agency's operations are managed by an executive director appointed by the commissioners. It maintains its headquarters in Washington, D.C., and its work is supported by various advisory boards, including the Board of Advisors and the Standards Board, which include state and local election officials.

Responsibilities and functions

The core responsibilities of the agency include serving as a national resource for information on administering federal elections. It develops and maintains the voluntary Voting System Guidelines, accredits independent testing authorities, and maintains a national registry of certified voting systems. A key function is administering federal grant programs to the states for improving election administration and replacing outdated voting equipment. The commission also conducts research, collects election data through surveys like the Election Administration and Voting Survey, and publishes best practice guides for election officials. It is tasked with ensuring states meet the requirements of the National Voter Registration Act.

Voting System Guidelines and certification

One of the agency's most technical and critical functions is the development of the Voluntary Voting System Guidelines, which set baseline standards for the accuracy, security, and accessibility of voting technology. The process involves the Technical Guidelines Development Committee, chaired by the director of the National Institute of Standards and Technology. The commission accredits independent laboratories, such as SLI Global Solutions and Pro V&V, to test voting systems against these guidelines. Systems that pass are listed on the EAC Certified Voting System registry, which states use to inform their purchasing decisions. These guidelines have evolved to address emerging threats, incorporating requirements for voter-verified paper audit trails and enhanced cybersecurity.

Grants and funding programs

The agency is the primary federal administrator of grants to states for election improvements. Its initial and largest program was the distribution of over $3 billion authorized by the Help America Vote Act of 2002 to replace lever machines and punch-card ballot systems. Subsequent grant programs have included funds for improving election security, particularly following reports of foreign interference in the 2016 United States presidential election, with money allocated through the Help America Vote Act Security Grant program. The commission also administers grants for programs to assist military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and for improving access for voters with disabilities.

Criticisms and controversies

The commission has faced various criticisms since its inception. Some critics, including members of Congress like John L. Mica and Greg Harper, have argued the agency has fulfilled its original mandate and should be abolished, citing concerns over federal overreach into state election authority. It has also been criticized for periods of inactivity, particularly when commissioner vacancies left it without a quorum, as occurred between 2010 and 2014 and again in 2018. Other controversies have involved the pace of updating the Voting System Guidelines to address modern cybersecurity threats and debates over the rigor of its testing and certification program for voting equipment manufactured by companies like Dominion Voting Systems and Election Systems & Software.

Category:United States government agencies