Federal Election Assistance Commission

THE FEDERAL ELECTION Assistance Commission (EAC) is an independent U.S. agency established by the Help America Vote Act of 2002 (Public Law 107–252) to serve as a national clearinghouse and resource for information and review of procedures with respect to the administration of federal elections. The Help America Vote Act (HAVA) was passed in the aftermath of the 2000 presidential election, the outcome of which was in doubt for more than a month after the balloting. The close vote in Florida highlighted the shortcomings of archaic voting technologies, such as punch cards and lever machines, and resulted in public support for election modernization.

HAVA provided funding for the states to purchase new voter technology and created an Election Assistance Commission. The statute required the EAC to provide technical guidance to the states on the administration of federal elections; produce voluntary voting systems guidelines; engage in research on the conduct of federal elections; administer payments (and audit the use of same) to the states for new voter technology; and develop a national program for the testing, certification, and decertification of voting systems.

The commission is composed of four members appointed by the president, subject to confirmation by the U.S. Senate. Members are appointed for a four-year term, and may be re-appointed for one additional term. These appointments are based on recommendations made by the speaker of the U.S. House of Representatives, the majority leader of the U.S. Senate, and by the minority leaders of the respective Houses of Congress.

No more than two members of the commission shall be affiliated with the same political party. The law [Page 236]specifies, in Section 203 (a) 3, that “each member of the commission shall have experience with or expertise in election administration or the study of elections.” The commission elects a chair and vice chair annually, with the proviso that they may not be affiliated with the same political party.

The commission appoints an executive director, from a list of at least three nominees that it receives from its Standards Board and Board of Advisors, for a four-year term. The executive director manages the agency's operations; prepares program goals, long-term plans, and mission statements for the agency; development of voluntary voting system guidelines and appointing agency staff and consultants. The commission also appoints a general counsel for a four-year term.

HAVA provided for the establishment of a Standards Board and Board of Advisors, each of which would have responsibility for reviewing the voluntary voting-system guidelines promulgated by the commission. The Standards Board is composed of 110 members, two from each state and U.S. territory: one being a state election official and the other a local election official. The second body, the Board of Advisors, is made of 37 members appointed by an array of constituency groups and government agencies, including the National Governors Association, National Conference of State Legislatures, and the U.S. Commission on Civil Rights.

In 2005, the commission adopted procedures for voting system certification and laboratory accreditation programs. Prior to this time, responsibility for these tasks rested with the National Association of State Election Directors. HAVA also required states to establish procedures for confirming the identity of first-time voters in order to reduce voter fraud.

...