ATLANTA (AP) - Florida's "hanging chads" ballot controversy captured national attention during the 2000 presidential contest and ultimately led Congress to establish the U.S. Election Assistance Commission (EAC) to assist states in upgrading their voting equipment. Recently, the EAC has gained prominence due to President Donald Trump's executive order focused on electoral reform. A meeting of one of the commission's boards is set for Thursday in North Carolina, marking the first commission-related gathering since the executive order's directives were released.
Among the initiatives outlined in Trump’s order is a requirement for proof of citizenship on the national voter registration form. The legitimacy of the president’s ability to direct an independent agency, as well as the EAC's authority to comply with such directives, is anticipated to be challenged in court.
The EAC was created following the passage of the Help America Vote Act in 2002, legislation that aimed to assist states in modernizing outdated voting systems after the chaotic 2000 election. The act was a bipartisan effort, signed into law by Republican President George W. Bush after a controversial election against Democrat Al Gore that ultimately reached the U.S. Supreme Court.
During the Florida election, many voters utilized punch-card ballots, leading to significant confusion as some did not fully punch their selections, resulting in election workers needing to interpret voter intent. This issue highlighted the inadequacies within the voting system and made terms like "hanging" and "pregnant" chads widely known. The Supreme Court's intervention effectively halted the vote count, granting Bush a narrow victory with a margin of just 537 votes, cementing his presidency.
The 2002 legislation established the EAC with several responsibilities, including distributing $2.8 billion in federal funding for new voting equipment, creating voluntary voting system guidelines, supervising the national voter registration form, and compiling data about federal elections. The agency is led by four commissioners nominated by the president and confirmed by the Senate to ensure bipartisan representation.
In recent years, the EAC has experienced its share of challenges, including budget constraints and staffing shortages, but has managed to maintain stability since 2019, receiving praise from election officials for its work.
Trump has consistently expressed distrust in the electoral process, perpetuating false claims regarding the alleged rigging of the 2020 election against him, despite multiple reviews affirming Joe Biden's victory. His latest executive order, issued in March, seeks significant changes in voter registration, including proof of citizenship requirements for federal elections.
Notably, Trump's directive has roped in the EAC to act within a short timeframe to ensure compliance with citizenship documentation when individuals attempt to register to vote. Acceptable forms of proof identified in the order include a U.S. passport, a REAL-ID compliant driver's license, military ID, or government-issued photo IDs accompanied by proof of citizenship. Additionally, the executive order threatens to withhold federal funds from any state that does not adopt the updated registration form.
Election experts, however, have voiced skepticism regarding the feasibility of implementing these changes on such a tight schedule, given existing federal law processes that typically involve advisory reviews and public commentary. The last major update for voting system guidelines took years to finalize and was only approved by the EAC in 2021.
Lawsuits have emerged from voting rights groups, the Democratic Party, and Democratic officials from 21 states, arguing that Trump is overstepping his Constitutional authority. A coalition of 19 Democratic attorneys general has filed a lawsuit emphasizing that the EAC was established as an independent body designed to operate without presidential influence and to prioritize bipartisan decision-making in collaboration with states.
As the EAC Standards Board convenes in North Carolina, much attention will be placed on how the commission approaches the proof-of-citizenship requirement outlined in Trump’s order. The executive director of the EAC reached out to state election officials for their perspectives on potential implementations of this directive and its implications for voter registration processes.
The commission's chairman, Donald Palmer, reinforced the idea that the agency's work adheres strictly to legal frameworks established for modifying the federal registration form. Palmer expressed optimism about the commission’s ability to reach consensus while acknowledging that forthcoming litigation will likely clarify issues arising from the executive order.
