Election Assistance Commission
Encyclopedia
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 is also charged with developing and maintaining a national mail voter registration form.
In 2003, Congress appropriated $1.5 billion for HAVA. The General Services Administration
distributed most of the $650 million permitted under Title I of HAVA, but the remainder was earmarked for the EAC to disburse. The funds languished because the commissioners were not confirmed until 9 Dec. 2003; the law had required that they be in place by 26 Feb. 2003.
In its 2004 budget, Congress again allocated $1.5 billion to fund HAVA. By January 2004, the EAC had no permanent offices or budget, even though it was required to publish state election reform plans in the Federal Register
before money for new voting equipment could be disbursed to the states.
In 2011, United States Representative Gregg Harper
introduced a bill to end the EAC and transfer some of its authority to the Federal Election Commission
.
, chair; Gracia Hillman
; and Gineen Bresso. There is one vacancy on the commission.
Commissioner Davidson is a former Colorado Secretary of State and was the agency's 2007 chair.
Gracia Hillman, who served as EAC Chair in 2005, is the former executive director of the League of Women Voters
of the United States.
Commissioner Bresso, prior to her appointment with EAC, was the minority elections counsel for the Committee on House Administration. She previously served as a policy advisor to former Maryland Governor Robert L. Ehrlich, Jr. where her primary area of focus was on election law.
, Jr. (2003–2005); Ray Martinez, III (2003–2006); Paul S. DeGregorio (2003–2007); Caroline Hunter (2007–2008); and Rosemary E. Rodriguez
(2007–2009).
Commissioner Rodriguez previously served on the Denver City Council
of the City and County of Denver, District 3, Colorado
.
Commissioner Caroline Hunter who served as Deputy Director of Public Liaison for the White House and as Deputy Counsel of the Republican National Committee
.
Paul S. DeGregorio a past chairman of the EAC. He was nominated by President Bush and confirmed by unanimous consent of the U.S. Senate on December 9, 2003. DeGregorio replaced the EAC's original Chairman, former Secretary of State of New Jersey
DeForest Soaries
. He had previously served as Vice Chairman.
Prior to his service with the EAC Chairman DeGregorio served as Executive Vice President and Chief Operating Officer of the International Foundation for Election Systems
(IFES), and was Director of Elections for St. Louis County, Missouri from 1985 to 1993. DeGregorio has been criticized for using the political "revolving door," leaving his chairmanship to work for a voting system vendor
The Executive Board includes 9 members: Peggy Nighswonger, State Elections Director, Cheyenne, WY (Chair); Bill Campbell, City Clerk, City of Woburn, Woburn, MA (Vice Chair); Sarah Ball Johnson, Executive Director, State Board of Elections, Frankfort, KY (Secretary); Tonni Bartholomew, Troy City Clerk, Troy, MI; Louis Bernard, Clerk of Court, Natchitoches Parish, Natchitoches, LA; John Lindback, Director, State of Oregon, Elections Division, Salem, OR; Larry Lomax, Clark County Registrar of Voters, North Las Vegas, NV; Deb Markowitz, Secretary of State, Montpelier, VT; and Todd Rokita, Secretary of State, Indianapolis, IN.
, 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), 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 (DOJ), and the director of the Federal Voting Assistance Program
of the Department of Defense
. Further, 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 the Minority Leader
of the Senate
. 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 the United States Senate Committee on Rules and Administration
. (see a full list of Advisory Board members)
(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 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 a full list of TGDC members)
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 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, to produce a published report "that completely stood our own work on its head." The changes included playing up the voter fraud issue and omitting references to charges of voter intimidation lodged by Democrats, as well as removing all criticisms of the Department of Justice.
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 the attorney was paid an unspecified about of money.
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
created by the Help America Vote Act
Help America Vote Act
The Help America Vote Act , or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. Drafted in reaction to the controversy surrounding the 2000 U.S...
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 is also charged with developing and maintaining a national mail voter registration form.
Responsibilities
The EAC is tasked with performing a number of election-related duties including:- Creating and maintaining the Voluntary Voting System GuidelinesVoluntary Voting System GuidelinesThe Voluntary Voting System Guidelines are guidelines adopted by the United States Election Assistance Commission for the certification of voting systems...
- Creating a national program for the testing, certification, and decertification of voting systems
- Maintaining the National Mail Voter Registration Form required by the National Voter Registration Act of 1993National Voter Registration Act of 1993The National Voter Registration Act of 1993 , also known as The Motor Voter Act, was signed into effect by United States President Bill Clinton on May 20, 1993, however, compliance did not become mandatory until 1995...
(NVRA) - Reporting to Congress every two years on the effects of the NVRA on elections
- Administering federal funds to States for HAVA requirements
- Administering federal funds for the development of innovative election technology, including pilot programs to test election technology
- Studying and reporting best practices of effective administration
- Communicating information on laws, technologies, procedures, studies, and data related to the administration of federal elections to those responsible for formulating or implementing election law and procedures, to the media, and to other interested persons
History
The HAVA dictates 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 the Election Assistance and Help America Vote Programs.In 2003, Congress appropriated $1.5 billion for HAVA. The General Services Administration
General Services Administration
The General Services Administration is an independent agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies. The GSA supplies products and communications for U.S...
distributed most of the $650 million permitted under Title I of HAVA, but the remainder was earmarked for the EAC to disburse. The funds languished because the commissioners were not confirmed until 9 Dec. 2003; the law had required that they be in place by 26 Feb. 2003.
In its 2004 budget, Congress again allocated $1.5 billion to fund HAVA. By January 2004, the EAC had no permanent offices or budget, even though it was required to publish state election reform plans in the Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
before money for new voting equipment could be disbursed to the states.
In 2011, United States Representative Gregg Harper
Gregg Harper
Gregory "Gregg" Harper is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. The district includes the wealthier portions of the state capital, Jackson, along with most of that city's suburbs. Other cities in the district include Meridian and Natchez.-...
introduced a bill to end the EAC and transfer some of its authority to the Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...
.
EAC Chair and Commissioners
The Help America Vote Act specifies that 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 three EAC commissioners are Donetta DavidsonDonetta Davidson
Donetta Davidson is a member of the United States Election Assistance Commission. Davidson was elected Chair of the EAC for 2010. She previously served as Chair in 2007 and Vice-Chair in 2008...
, chair; Gracia Hillman
Gracia Hillman
Gracia M. Hillman was a commissioner of the Election Assistance Commission from 2003 to 2010. She was nominated by President George W. Bush on October 3, 2003 and confirmed by unanimous consent of the United States Senate on December 9, 2003 to serve a two-year term on the U.S. Election Assistance...
; and Gineen Bresso. There is one vacancy on the commission.
Commissioner Davidson is a former Colorado Secretary of State and was the agency's 2007 chair.
Gracia Hillman, who served as EAC Chair in 2005, is the former executive director of the League of Women Voters
League of Women Voters
The League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
of the United States.
Commissioner Bresso, prior to her appointment with EAC, was the minority elections counsel for the Committee on House Administration. She previously served as a policy advisor to former Maryland Governor Robert L. Ehrlich, Jr. where her primary area of focus was on election law.
Former Commissioners
Former Commissioners include: DeForest SoariesDeForest Soaries
Reverend DeForest Blake "Buster" Soaries, Jr. is an African-American Baptist minister, Republican Party politician, author and public advocate, from Montclair, New Jersey. He is the former Secretary of State of New Jersey and former chairman of the federal Election Assistance Commission...
, Jr. (2003–2005); Ray Martinez, III (2003–2006); Paul S. DeGregorio (2003–2007); Caroline Hunter (2007–2008); and Rosemary E. Rodriguez
Rosemary E. Rodriguez
Rosemary E. Rodriguez is a commissioner serving on the Election Assistance Commission, previously of the Denver City Council of the City and County of Denver, District 3, Colorado, United States....
(2007–2009).
Commissioner Rodriguez previously served on the Denver City Council
Denver City Council
The Denver City Council is the legislative branch of government for the City and County of Denver, Colorado. The council is made up of elected officials from 11 city and county designated districts and two at-large elected members. Although the offices are officially non-partisan, the members are...
of the City and County of Denver, District 3, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
.
Commissioner Caroline Hunter who served as Deputy Director of Public Liaison for the White House and as Deputy Counsel of the Republican National Committee
Republican National Committee
The Republican National Committee is an American political committee that provides national leadership for the Republican Party of the United States. It is responsible for developing and promoting the Republican political platform, as well as coordinating fundraising and election strategy. It is...
.
Paul S. DeGregorio a past chairman of the EAC. He was nominated by President Bush and confirmed by unanimous consent of the U.S. Senate on December 9, 2003. DeGregorio replaced the EAC's original Chairman, former Secretary of State of New Jersey
Secretary of State of New Jersey
The Secretary of State of New Jersey is responsible for overseeing artistic, cultural, and historical programs within the U.S. state of New Jersey, as well as volunteerism and community service projects within the state....
DeForest Soaries
DeForest Soaries
Reverend DeForest Blake "Buster" Soaries, Jr. is an African-American Baptist minister, Republican Party politician, author and public advocate, from Montclair, New Jersey. He is the former Secretary of State of New Jersey and former chairman of the federal Election Assistance Commission...
. He had previously served as Vice Chairman.
Prior to his service with the EAC Chairman DeGregorio served as Executive Vice President and Chief Operating Officer of the International Foundation for Election Systems
International Foundation for Election Systems
The International Foundation for Electoral Systems is an international, non-profit organization founded in 1987. This Washington, D. C.-based development organization provides assistance and support for elections in new and emerging democracies...
(IFES), and was Director of Elections for St. Louis County, Missouri from 1985 to 1993. DeGregorio has been criticized for using the political "revolving door," leaving his chairmanship to work for a voting system vendor
Executive Director
The current Executive Director is Thomas R. Wilkey, previously executive director of the New York State Board of Elections in 2003, serving a four-year term. He has worked 34 years in the field of election administration. The executive director position was created by HAVA §204 (a).General Counsel
The General Counsel position is vacant. The former General Counsel, serving under 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.Inspector General
The current Inspector General is Curtis Crider. 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.Standards Board
The EAC Standards Board 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 Executive Board includes 9 members: Peggy Nighswonger, State Elections Director, Cheyenne, WY (Chair); Bill Campbell, City Clerk, City of Woburn, Woburn, MA (Vice Chair); Sarah Ball Johnson, Executive Director, State Board of Elections, Frankfort, KY (Secretary); Tonni Bartholomew, Troy City Clerk, Troy, MI; Louis Bernard, Clerk of Court, Natchitoches Parish, Natchitoches, LA; John Lindback, Director, State of Oregon, Elections Division, Salem, OR; Larry Lomax, Clark County Registrar of Voters, North Las Vegas, NV; Deb Markowitz, Secretary of State, Montpelier, VT; and Todd Rokita, Secretary of State, Indianapolis, IN.
Board of Advisors
The EAC Board of Advisors was established under title II section 211 of HAVA. Like the Standards Board the Board of Advisor's 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, the National Governors AssociationNational Governors Association
The National Governors Association , founded in 1908 as the National Governors' Conference, is funded primarily by state dues, federal grants and contracts and private contributions. NGA represents the governors of the fifty U.S. states and five U.S. territories The National Governors Association...
, the National Conference of State Legislatures
National Conference of State Legislatures
The National Conference of State Legislatures is a bipartisan non-governmental organization established in 1975 to serve the members and staff of state legislatures of the United States...
, the National Association of Secretaries of State
National Association of Secretaries of State
The National Association of Secretaries of State , founded in 1904, is the oldest non-partisan professional organization of public officials in the United States, composed of the Secretaries of State of U.S. states and territories. Currently, all secretaries of state, including Washington D.C.,...
, the National Association of State Election Directors
National Association of State Election Directors
The National Association of State Election Directors is a U.S. association that "was formed in 1989 when a group of state election directors and administrators met in Reno, Nevada...
, the National Association of Counties
National Association of Counties
The National Association of Counties is an organization that represents county governments in the United States.The National Association of Counties is the only national organization that represents county governments in the United States. Founded in 1935, NACo provides essential services to the...
, the National Association of County Recorders, Election Officials, and Clerks (NACRC), the United States Conference of Mayors
United States Conference of Mayors
United States Conference of Mayors, sometimes referred to as the United States Council of Mayors, is the official non-partisan organization for cities with populations of 30,000 or more. The cities are each represented by their mayor or other chief elected official...
, the Election Center, the International Association of County Recorders, Election Officials, and Treasurers (IACREOT), the United States Commission on Civil Rights
United States Commission on Civil Rights
The U.S. Commission on Civil Rights is historically a bipartisan, independent commission of the U.S. federal government charged with the responsibility for investigating, reporting on, and making recommendations concerning civil rights issues that face the nation.-Commissioners:The Commission is...
, 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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, the Chief of the Voting Section of the Civil Rights (DOJ), and the director of the Federal Voting Assistance Program
Federal Voting Assistance Program
The Federal Voting Assistance Program administers the federal responsibilities of the Presidential designee , under the Uniformed and Overseas Citizens Absentee Voting Act of 1986. The Director, FVAP administers the Act on behalf of the Secretary of Defense...
of the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
. Further, the Board also includes four members representing professionals in the field of science and technology, one appointed by the Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
and one by the Minority Leader
Minority leader
In U.S. politics, the minority leader is the floor leader of the second largest caucus in a legislative body. Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position...
of the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, one appointed by the Majority Leader
Majority leader
In U.S. politics, the majority floor leader is a partisan position in a legislative body.In the federal Congress, the role differs slightly in the two houses. In the House of Representatives, which chooses its own presiding officer, the leader of the majority party is elected the Speaker of the...
and the Minority Leader
Minority leader
In U.S. politics, the minority leader is the floor leader of the second largest caucus in a legislative body. Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position...
of the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. The eight final members of the Board, four members are appointed by the United States House Committee on House Administration
United States House Committee on House Administration
The United States House Committee on House Administration deals with the general administration matters of the United States House of Representatives.-Jurisdiction:...
and four members are appointed by the United States Senate Committee on Rules and Administration
United States Senate Committee on Rules and Administration
The Senate Committee on Rules and Administration is responsible for the rules of the United States Senate, with administration of congressional buildings, and with credentials and qualifications of members of the Senate, including responsibility for dealing with contested elections.The committee...
. (see a full list of Advisory Board members)
Technical Guidelines Development Committee
The Technical Guidelines Development CommitteeTechnical Guidelines Development Committee
The Technical Guidelines Development Committee of the National Institute of Standards and Technology supports the Election Assistance Commission in the United States by providing recommendations on voluntary standards and guidelines related to voting equipment and technologies...
(TGDC) is tasked with assisting the EAC in drafting the Voluntary Voting System Guidelines
Voluntary Voting System Guidelines
The Voluntary Voting System Guidelines are guidelines adopted by the United States Election Assistance Commission for the certification of voting systems...
. The Committee membership consists of the Director of the National Institute of Standards and Technology
National Institute of Standards and Technology
The National Institute of Standards and Technology , known between 1901 and 1988 as the National Bureau of Standards , is a measurement standards laboratory, otherwise known as a National Metrological Institute , which is a non-regulatory agency of the United States Department of Commerce...
(NIST); 14 members appointed jointly by 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
American National Standards Institute
The American National Standards Institute is a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The organization also coordinates U.S. standards with international...
(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 a full list of TGDC members)
Criticisms
Critics have contended that the EAC has responded positively to political pressure from the Republican PartyRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
and the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. 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
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
charge are intended to prevent qualified Democrats from voting. The EAC Chair denied that there was any political pressure. Tova Wang, a consultant to the Commission, wrote a detailed account in The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
about how her research and that of her Republican co-author had been disregarded or altered, to produce a published report "that completely stood our own work on its head." The changes included playing up the voter fraud issue and omitting references to charges of voter intimidation lodged by Democrats, as well as removing all criticisms of the Department of Justice.
In 2009, the United States Office of Special Counsel
United States Office of Special Counsel
The United States Office of Special Counsel is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act and the Hatch Act...
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 the attorney was paid an unspecified about of money.
See also
- Certification of voting machinesCertification of voting machinesVarious governments require a certification of voting machines.In the United States there is only a voluntary federal certification for voting machines and each state has ultimate jurisdiction over certification, though most states currently require national certification for the voting...
- Voting machineVoting machineVoting machines are the total combination of mechanical, electromechanical, or electronic equipment , that is used to define ballots; to cast and count votes; to report or display election results; and to maintain and produce any audit trail information...
External links
- Election Assistance Commission (Official Commission website)
- (Election Assistance Commission: Duties and Responsibilities), as detailed in HAVA
- format=none EAC Office of the Inspector General