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ATLANTA — The 2000 presidential election’s contentious “hanging chads” controversy captured the nation’s attention and prompted Congress to establish the U.S. Election Assistance Commission (EAC) to assist states in modernizing their voting systems.
The EAC has largely remained under the radar since its inception, but it is now in the spotlight as a key player in President Donald Trump’s recent executive order to reform elections in the U.S. Notably, a board associated with the commission is set to convene in North Carolina this Thursday, marking the first meeting since the announcement of Trump’s directives.
Among the directives, Trump has mandated the EAC to revise the national voter registration form to include a proof of citizenship requirement. However, the legality of such a mandate and whether the EAC possesses the authority to implement it is likely to be determined in judicial proceedings.
The Help America Vote Act of 2002 was enacted as a response to the 2000 election turmoil, aiming to assist states in upgrading outdated voting technology.
This legislative initiative received broad bipartisan backing and was signed into law by then-President George W. Bush, the Republican victor of a highly disputed election against Democrat Al Gore, which concluded with a Supreme Court ruling.
The crisis stemmed from Florida’s reliance on punch-card ballots, a voting method that led to confusion as many voters failed to properly mark their choices. Consequently, local election officials were left to interpret the voters’ intent, sparking considerable national debate and making the terms “hanging” and “pregnant” chads widely recognized.
Ultimately, the Supreme Court halted the recounting process, solidifying Bush’s 537-vote lead, which secured his presidency.
The law established the EAC with several responsibilities: distributing $2.8 billion in federal funds for upgraded voting systems; developing voluntary voting system guidelines; overseeing the national voter registration system; and collecting data on federal elections.
Four commissioners, selected by the president with input from congressional leaders, lead the agency, ensuring that no political party holds more than two positions on the board.
Over the years, the EAC has encountered several challenges, including budget constraints and staffing issues. Nevertheless, stability has increased since 2019, allowing election officials to commend the agency’s recent performance.
Trump has made no secret of his skepticism surrounding election integrity, propagating the unsubstantiated narrative that the 2020 election was rigged against him. Numerous investigations have confirmed the legitimacy of Joe Biden’s victory.
He continued to voice concerns regarding the election process following last November’s election, issuing an executive order on March 25 to implement significant reforms, including a requirement for proof of citizenship when registering to vote in federal elections.
Trump’s order tasked several federal agencies with a range of changes, with specific directives aimed at the EAC, including a 30-day deadline to require documentary evidence of citizenship on the national registration form. This requirement lists acceptable forms of proof, such as a U.S. passport or REAL-ID compliant driver’s license that explicitly confirms citizenship.
Additionally, the order instructed the EAC to withdraw federal funding from states that do not comply with the new proof-of-citizenship requirement, though certain states have exemptions under federal law. The president also sought to initiate revisions to voting system standards through the commission.
Election analysts have expressed skepticism regarding the feasibility of these changes due to existing federal processes that necessitate comprehensive reviews and public input. The last significant update to voluntary voting guidelines took years to finalize before being approved in 2021.
David Becker, a former Justice Department attorney and head of the Center for Election Innovation & Research, emphasized that it is nearly impossible for the EAC to implement new guidelines meeting these stringent and questionable criteria within a mere 180 days, suggesting that the circumstances may be crafted to induce confusion.
Trump’s executive order has already sparked lawsuits from various voting rights organizations, the Democratic Party, and elected officials in multiple states, claiming that the president is overstepping his constitutional authority.
A legal challenge spearheaded by 19 Democratic attorneys general contends that Congress designed the EAC to function independently to safeguard elections and that it is required to operate under principles of bipartisanship in conjunction with state officials.
The lawsuit claims that the executive order seeks to dismantle critical safeguards, intending to coerce the commission into endorsing the president’s policy preferences concerning voter registration and voting systems.
Justin Levitt, a constitutional law specialist who previously served in the Justice Department, has noted that the EAC operates independently of the president and lacks any enforcement power.
“The EAC is not structured like the majority of federal agencies, which limits its ability to outright adopt Trump’s directives,” Levitt remarked.
This Thursday, the EAC’s Standards Board will engage in its annual meeting in North Carolina, where election officials nationwide are expected to seek clarification regarding the commission’s position in light of Trump’s order.
Earlier in the month, the EAC’s executive director communicated with state election officials, summarizing the proof-of-citizenship requirement from Trump’s directive and seeking input on implementation strategies, should such changes be mandated, along with potential impacts on voter registration.
Chairman Donald Palmer affirmed the agency’s adherence to legal protocols that govern adjustments to the federal registration form.
“This is the process we have followed in the past, and we are doing so again,” Palmer explained. “In my view, we are collecting information from state officials.”
Palmer acknowledged the commission’s successes in achieving consensus recently, indicating that ongoing litigation will likely address the ambiguities surrounding the executive order.
“While we operate within the executive branch, we are an independent agency, and I am confident these issues will be resolved,” he concluded.
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