President Donald Trump has removed the remaining members of the U.S. Election Assistance Commission, leaving the bipartisan agency without a single commissioner and unable to perform official business just as the 2026 election cycle begins.
The unprecedented move not only freezes the nation’s only federal agency devoted exclusively to election administration, but could also trigger a significant constitutional challenge over the limits of presidential authority following recent Supreme Court rulings.
According to multiple reports, Democratic commissioners Thomas Hicks and Benjamin Hovland were notified by email that their appointments had been terminated effective immediately. Republican commissioner Christy McCormick was permitted to resign, while Republican commissioner Donald Palmer had already left the agency earlier this year.
The dismissals leave the four-member commission with no commissioners, meaning it lacks the quorum required to take official action.
Why the move matters legally
The firings come shortly after the U.S. Supreme Court significantly expanded presidential authority over independent federal agencies.
In Trump v. Slaughter, the Court ruled that presidents generally have the constitutional authority to remove leaders of independent agencies, overturning decades of precedent that had protected many bipartisan commissions from direct White House control.
However, legal scholars say it remains unclear whether that ruling extends to agencies like the Election Assistance Commission, whose bipartisan structure was specifically created by Congress.
Election law expert Rick Hasen of UCLA told Votebeat that whether agencies such as the EAC and the Federal Election Commission fall within the Supreme Court’s new framework remains “an open question.”
If one or more former commissioners challenge their removal, the litigation could become the first major case testing whether bipartisan election commissions enjoy constitutional protections that survive the Court’s recent expansion of presidential removal power.
Agency unable to perform core functions
Created by Congress through the Help America Vote Act following the disputed 2000 presidential election, the Election Assistance Commission does not administer elections itself.
Instead, it provides technical and administrative support to states by distributing federal election funds, maintaining the national mail voter registration form, certifying voting systems, accrediting testing laboratories and issuing voluntary voting system guidelines.
Without commissioners, the agency cannot vote on policy changes, approve certifications or carry out other official actions requiring commission approval.
The timing could prove especially significant because the Trump administration has sought broader changes to federal election procedures.
Ironically, while the administration has advocated changes affecting voter registration and election administration, the absence of commissioners means the EAC currently lacks the authority to implement many actions that require formal commission approval.
Appointment process limits Trump’s authority
Although Trump removed all remaining commissioners, he cannot simply appoint replacements on his own.
Under the Help America Vote Act, commissioners must be nominated by the president and confirmed by the Senate, with no more than two commissioners belonging to the same political party.
Traditionally, congressional leaders from both parties have recommended nominees, although legal experts note that practice has largely developed through custom rather than explicit statutory language.
Even if Trump nominates replacements quickly, Senate confirmation could take months.
Until new commissioners are confirmed, the agency will remain effectively frozen.
Implications beyond the EAC
The dismissals may have consequences extending far beyond election administration.
Legal observers say any court challenge could shape future disputes over presidential control of independent agencies created by Congress with bipartisan leadership requirements.
The case could clarify whether commissions designed to operate independently from partisan politics remain protected under federal law—or whether recent Supreme Court decisions have fundamentally altered the balance of power between Congress and the presidency.
For election officials, however, the immediate consequence is more practical than constitutional.
With no commissioners in place, the Election Assistance Commission cannot exercise many of the responsibilities Congress assigned to it, leaving a key federal election institution sidelined as preparations continue for the 2026 midterm elections.
