59-640: The Election Assistance Commission ( EAC ) is an independent agency of the United States government created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet HAVA requirements, adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment. It
118-448: A commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have
177-619: A full list of TGDC members ) Critics have contended that the EAC has responded positively to political pressure from the Republican Party and the Department of Justice . For example, the EAC is said to have overstated the problem of voter fraud, which is often cited by Republicans as a justification for restrictive measures that Democrats charge are intended to prevent qualified Democrats from voting. The EAC Chair denied that there
236-526: A narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by
295-598: A process for vendors to submit their equipment to an Independent Test Authority (ITA) for evaluation against the Standards. The NASED has compiled a list of Qualified Voting Systems 12-22-05 The Help America Vote Act mandated the federal certification process be assumed by the EAC. The EAC implemented an interim certification program in July 2006 which provided a means to obtain federal certification for modifications required by state and local election officials administering
354-510: A set of specifications and requirements against which voting systems can be tested to determine if the systems provide all of the basic functionality, accessibility and security capabilities required of these systems. In addition, the guidelines establish evaluation criteria for the national certification of voting systems. The EAC's Technical Guidelines Development Committee , with technical support from NIST are tasked with developing an initial set of recommendations for each VVSG iteration. After
413-670: Is Governor Jared Polis of Colorado , a Democrat. The current vice chair is Governor Kevin Stitt of Oklahoma , a Republican. In 1907, the Inland Waterways Commission thought it necessary to ask the Conference of Governors to provide both state and national views relating to practical questions dealing with natural resources utilization and management in the Progressive Era . The NGA represents
472-417: Is also charged with developing and maintaining a national mail voter registration form. The EAC is tasked with performing a number of election-related duties including: The HAVA requires the EAC will create voluntary guidelines for voting systems, maintaining a clearinghouse of information regarding election administration procedures including testing and certification of election equipment, and administering
531-473: Is an American political organization founded in 1908. The association's members are the governors of the 55 states , territories and commonwealths . Members come from across the political spectrum. NGA declares itself as nonpartisan. The NGA serves as a public policy liaison between state governments and the federal government . NGA provides governors and their senior staff members with services that range from representing states on Capitol Hill and at
590-592: Is pending." They have released relevant documentation regarding the Ciber, Inc. application from accreditation. Independent agencies of the United States government [REDACTED] [REDACTED] In the United States government , independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of
649-569: The Federal Register before money for new voting equipment could be disbursed to the states. On December 6, 2006 Caroline Hunter and Rosemary E. Rodriguez were nominated by President George W. Bush to replace Ray Martinez and Paul DeGregorio. They were confirmed by the U.S. Senate on February 15, 2007. In 2010, the EAC lost its quorum of Commissioners, after the resignation or end of term of Hunter (2008), Rodriguez (2009) and Hillman (2010), preventing many normal operational duties; and
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#1732764764311708-604: The George W. Bush administration's Department of Justice that the report had incorporated. In 2009, the United States Office of Special Counsel issued a report that found that the EAC engaged in political discrimination in federal hiring against an attorney to fill the General Counsel position because he was a Republican. The report was in response to a settlement between the attorney and the EAC, in which
767-928: The National Governors Association , the National Conference of State Legislatures , the National Association of Secretaries of State , the National Association of State Election Directors , the National Association of Counties , the National Association of County Recorders, Election Officials, and Clerks (NACRC), the United States Conference of Mayors , the Election Center, the International Association of County Recorders, Election Officials, and Treasurers (IACREOT),
826-908: The Securities and Exchange Commission , the Federal Reserve , the Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at
885-883: The United States Commission on Civil Rights , and the Architectural and Transportation Barrier Compliance Board. The Board also includes the chief of the Office of Public Integrity of the Department of Justice , the Chief of the Voting Section of the Civil Rights Division at the U.S. Department of Justice , and the director of the Federal Voting Assistance Program of the Department of Defense . Further,
944-701: The United States Senate Committee on Rules and Administration . (see a full list of Advisory Board members ) The Technical Guidelines Development Committee (TGDC) is tasked with assisting the EAC in drafting the Voluntary Voting System Guidelines . The Committee membership consists of the Director of the National Institute of Standards and Technology (NIST); 14 members appointed jointly by
1003-543: The White House when discussing federal issues to developing policy reports on state programs and hosting networking seminars for state executive branch officials. The NGA Center for Best Practices focuses on state innovations and best practices on issues that range from education and health to technology , welfare reform , and the environment . NGA also provides management and technical assistance to both new and incumbent governors. The current NGA chair
1062-616: The governors of the fifty U.S. states and five U.S. territories ( American Samoa , Guam , the Northern Mariana Islands , Puerto Rico , and the U.S. Virgin Islands ). It is funded primarily by state dues, federal grants and contracts, and private contributions. NGA adopted a policy in 1977 formalizing its standard practice dating back to 1941: The position of NGA chair alternates yearly between Republican and Democratic governors, so that neither party can control
1121-408: The 2006 General Election. In summer 2006 the EAC barred the company Ciber Inc. from approving further voting machines. Federal officials found that it was not following its quality-control procedures and could not document that it was conducting all the required tests. According to the EAC "Ciber, Inc. has applied for interim accreditation, but EAC has not completed its review, so the Ciber application
1180-600: The 2016 presidential election and had denied Trump a majority in the popular vote. An injunction was placed on the changes by a US Appeals court, although the case remained with the US District Court. The US Election Assistance Commission has assumed federal responsibility for accrediting voting system test laboratories and certifying voting equipment through the Voting System Certification & Laboratory Accreditation Program. The purpose of
1239-876: The Board also includes four members representing professionals in the field of science and technology, one appointed by the Speaker and one by the Minority Leader of the House of Representatives , one appointed by the Majority Leader and one by the Minority Leader of the Senate . Of the eight final members of the Board, four members are appointed by the United States House Committee on House Administration and four members are appointed by
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#17327647643111298-643: The Commissioner who recommended his being hired, Christy McCormick, as well. In February 2016, Newby approved requests from three states to change state-specific instructions on the NVRA federal form related to proof of citizenship for voter registration. These states required proof of citizenship by state law, a controversial policy being pushed by conservative GOP members such as Kris Kobach of Kansas, that would be used in support of Donald Trump's widely discredited claim that millions of illegal votes had been cast in
1357-628: The EAC and the Director of NIST from the Standards Board, the Board of Advisors, the Architectural and Transportation Barrier, and the Access Board, a representative of American National Standards Institute (ANSI), a representative of the IEEE , two representatives of the NASED, and other individuals with technical and scientific expertise relating to voting systems and voting equipment. (see
1416-473: The EAC is Steven Frid , who succeeded Interim Executive Director, Mark A. Robbins. Prior to him, Mona Harrington served as Executive Director. She succeeded Brian Newby, who served a four-year term from October 2015 to October 2019. Newby succeeded Thomas R. Wilkey, the agency's first Executive Director, who resigned in November 2011. Prior to the EAC, Wilkey served a four-year term as the executive director of
1475-429: The EAC to disburse. The funds were not distributed because the commissioners were not confirmed until December 9, 2003; the law had required that they be in place by February 26, 2003. The initial Commissioners were: In its 2004 budget, Congress again allocated $ 1.5 billion to fund HAVA. By January 2004, the EAC did not have permanent offices or budget, even though it was required to publish state election reform plans in
1534-547: The Election Assistance and Help America Vote Programs. The EAC publishes the Election Administration and Voting Survey, a study examining how states administer federal elections, every two years. In 2003, Congress appropriated US$ 1.5 billion for HAVA. The General Services Administration distributed most of the $ 650 million permitted under Title I of HAVA, and the remainder was earmarked for
1593-797: The Executive Director, was Juliet E. Thompson. She previously held the position of Associate General Counsel at the Independent Insurance Agents & Brokers of America, and General Counsel of the Louisiana Department of Elections and Registration. The current Inspector General is Brianna Schletz. The Office of the Inspector General is tasked with detecting and preventing fraud, waste, abuse, and mismanagement of EAC programs, regularly performing audits and evaluations. The EAC Standards Board
1652-571: The Feasibility of Developing Voluntary Standards for Voting Equipment was produced in early 1984. In July 1984 the FEC armed with congressionally appropriated funds began a six-year task of creating the first national performance and test standards for punchcard, marksense, and direct recording electronic voting systems. The resulting body of work was the first set of voluntary Voting System Standards issued in 1990. In addition to their involvement in
1711-572: The New York State Board of Elections beginning in 2003. He worked 34 years in the field of election administration. The executive director position was created by HAVA § 204(a). The current Acting General Counsel is Amanda Joiner. Prior to her, the General Counsel was Kevin Rayburn. The previous General Counsel was Clifford Tatum, who served a four-year term (October 2015 to October 2019). The agency's first General Counsel, serving under
1770-498: The President . In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines
1829-603: The State and local level for developing or implementing written standards, against which voting system hardware and software could be evaluated." The U.S. Congress then directed the Federal Election Commission (FEC), in conjunction with the National Bureau of Standards to create engineering and procedural performance standards for voting systems. Another report, Voting System Standards: A Report on
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1888-517: The U.S.-China Governors Forum to Promote Sub-National Cooperation due to alleged attempts by the Chinese People's Association for Friendship with Foreign Countries , a front organization for the CCP's United Front Work Department , to "malignly influence state and local leaders" in the U.S. Formally adopted as policy in 1977, chairs preside for a one-year term and alternate party affiliation, so
1947-583: The US Senate, and took office in February 2019. The Help America Vote Act specifies that four commissioners are nominated by the President on recommendations from the majority and minority leadership in the U.S. House and U.S. Senate. Once confirmed by the full Senate, commissioners may serve two consecutive terms and no more than two commissioners may belong to the same political party. The terms lasts for four years, but commissioners may continue serving after
2006-541: The VVSG was approved in 2015. Voluntary Voting System Guidelines | The U.S. Election Assistance Commission (EAC) . A draft version of the 2007 VVSG was developed by the TGDC and NIST. It was not approved by the TGDC nor the EAC. The 2005 VVSG, which significantly increased security requirements for voting systems and expanded access, including opportunities to vote privately and independently, for individuals with disabilities,
2065-723: The White House and on air by Louisiana governor Bobby Jindal during the 2014 annual summer meeting. In February 2020, then Secretary of State Mike Pompeo warned the National Governors Association that the Chinese Communist Party was actively attempting to influence U.S. policy through state governors and local officials. In October 2020, the United States Department of State discontinued U.S. participation in
2124-576: The attorney was paid an unspecified amount of money. In 2019, an article in Politico reported that Newby had been the subject of extensive criticism from within and without the agency since his hiring in 2015, culminating in multiple calls for his resignation from Democratic members of the House and the Senate. Anonymous sources reported that Newby played a large role in many EAC staffers leaving, including
2183-613: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of
2242-399: The departure of Ryan Macias, the acting director of election testing and certification, as well as his predecessor, Brian Hancock. These departures "knocked the wind out of the technical sails of the EAC," said an anonymous voting security researcher. Exacerbating the situation was the reporter's speculation of the partisan nature of Newby's hiring, with the article labeling him a Republican and
2301-417: The executive branch, these agencies are required by federal statute to release certain information about their programs and activities into the Federal Register , the daily journal of government activities: [REDACTED] This article incorporates public domain material from Independent Agencies . USA.gov . National Governors Association The National Governors Association ( NGA )
2360-544: The expiration of their term term until their successor has taken office. The Commission selects a chair and vice chair from among its members for a term of one year. The chair and vice chair may not be affiliated with the same political party. A member of the Commission can only serve one term as chair and vice chair each during each of their terms as members. The current commissioners as of September 21, 2024: Former commissioners include: The current Executive Director of
2419-651: The goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as
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2478-415: The governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found
2537-712: The independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint
2596-422: The initial draft guidelines are authored, they are sent to the EAC for review and revision and then released for public comment. Comments are reviewed and considered by the EAC in consultation with NIST in development of the final release. In 2007, California Secretary of State Debra Bowen decertified four electronic voting systems , three of which were conditionally recertified, after a "top-to-bottom review" of
2655-442: The opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in
2714-435: The origins of national voting certification and testing, the FEC's Office of Election Administration and the National Association of State Election Directors (NASED) updated the initial Voting System Standards with the 2002 Voting System Standards/Guidelines . The national testing effort was overseen by NASED’s Voting Systems Board, which is composed of election officials and independent technical advisors. NASED established
2773-419: The pleasure of the president" and can be removed without cause. The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In
2832-445: The position for two consecutive years. The vice chair is of the opposite party to the chair, and generally assumes the role of NGA chair the following year. As of January 2024 , Bill Clinton is the only former NGA chair to become president of the United States . Janet Napolitano became the first female chair in 2006. The association's declaration of bipartisanship has been challenged after incidents such as statements made at
2891-483: The power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet
2950-466: The president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had
3009-495: The program is to independently verify that voting systems comply with the functional capabilities, accessibility, and security requirements necessary to ensure the integrity and reliability of voting system operation, as established in the Voluntary Voting System Guidelines (VVSG). With this program the National Institute of Standards and Technology (NIST) will recommend labs for accreditation through its National Voluntary Laboratory Accreditation Program (NVLAP). The VVSG provide
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#17327647643113068-405: The same political party. (see a full list of Executive Board members ) The EAC Board of Advisors was established under title II section 211 of HAVA. Like those of the Standards Board, the Board of Advisors' duties include reviewing the voluntary voting systems guidelines and review of the best practices recommendations. The Board consists of appointed members. Two members being appointed by each of
3127-409: The statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have
3186-632: The voting machines certified for use in California in March 2007. A new version of the VVSG was approved for adoption in February 2021. The VVSG 2.0 represents a significant advancement in defining standards that improves cybersecurity, accessibility, and usability requirements, while also introducing various audit methods supporting software independence to confirm the accuracy of the vote and increase voter confidence. Voting System Guidelines | The U.S. Election Assistance Commission (EAC) A new version of
3245-557: Was any political pressure. Tova Wang, a consultant to the Commission, wrote a detailed account in The Washington Post about how her research and that of her Republican co-author had been disregarded or altered by the EAC, to produce a published report "that completely stood our own work on its head." The changes included exaggerating the purported voter fraud issue and omitting references to charges of voter intimidation lodged by Democrats, as well as removing all criticisms of
3304-605: Was established under title II section 211 of HAVA. Its duties include reviewing the voluntary voting systems guidelines and review of the best practices recommendations. The Board consists of 110 members, 55 State election officials and 55 local election officials. The Board adopts resolutions and makes recommendations by simple majority vote.(see a full list of Standards Board members ) The Board selects nine of its members as an Executive Board of whom, no more than five may be State election officials; no more than five may be local election officials; and no more than five may be members of
3363-562: Was formed with General Accounting Office ’s Office of Federal Elections (predecessor to the Federal Election Commission ) and the National Bureau of Standards (predecessor to the National Institute of Standards and Technology ) resulting in a March 1975 report, Effective Use of Computing Technology in Vote-Tallying , authored by Roy Saltman . This report highlighted "the lack of appropriate technical skills at
3422-576: Was unanimously adopted by the EAC in December 2005; It was version of the federal certification standards. During the 90-day public comment period, EAC received more than 6,000 comments on the proposed guidelines. These comments and the proposed guidelines are available via the Kennesaw State University . The 2005 VVSG will go into effect 24 months after their final adoption (December 2007). In February 1975 an interagency agreement
3481-605: Was without any Commissioners by 2011 after the resignation of Davidson. Bills were subsequently drafted to end the Commission. Specifically, Representative Gregg Harper introduced a bill to windup the EAC and transfer some of its functions to the Federal Election Commission . The EAC did not regain a quorum until December 16, 2014, when the U.S. Senate confirmed three Commissioners, Thomas Hicks , Matthew V. Masterson , and Christy McCormick . Masterson resigned in 2018; and on January 2, 2019, President Donald Trump's nominees, Benjamin Hovland and Donald Palmer , were confirmed by
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