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Will Trump’s Firing of Election Assistance Commissioners Affect the Midterms?

Trump fired the remaining three EAC leaders just two weeks after the Supreme Court expanded presidential removal powers. Learn what the EAC does, why the firings matter, and whether they could affect election security, voting guidance, and the 2026 midterms.

A "Vote Here" polling station s during a United States election.
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Less than two weeks after the U.S. Supreme Court expanded presidential authority to remove leaders of independent federal agencies, President Trump has used that power in the exact way critics feared.

On July 9, Trump fired the remaining three members of the U.S. Election Assistance Commission (EAC). The dismissals left the bipartisan agency without commissioners just months before the 2026 midterm elections.

The move is the clearest example yet of how the Court's ruling may reshape independent agencies. It also offers Americans a preview of how future presidents could leverage similar authority over federal watchdogs.

While the political implications are being widely debated, the potential impact on Americans is significant.

Many are concerned and wondering if Trump’s firing of Election Assistance Commission leaders will affect the midterms. Unfortunately, we may have to wait and see whether the administration’s legal right to fire leaders of independent agencies like the EAC puts the country’s democratic right to vote at risk.

But understanding the purpose of the nation’s election assistance agency and what it does is the first step to fully grasp the ramifications of any current and future executive interference.

What Does the Election Assistance Commission Do?

Following the disputed 2000 presidential election, Congress enacted the Help America Vote Act of 2002. The Act established the EAC, which is the only federal agency dedicated exclusively to helping states administer elections.

Unlike state election officials, the commission does not run elections or count votes. Instead, the EAC:

  • Develops voluntary voting system guidelines
  • Certifies voting equipment used across the country
  • Maintains the federal voter registration form
  • Distributes federal election security grants
  • Provides guidance and best practices to state and local election officials

Put simply, the Election Assistance Commission helps officials run secure elections.

It was intentionally structured as bipartisan, so no more than two of its four commissioners can be from the same political party. Policy decisions made by the EAC requires at least three votes.

Why the Firings of EAC Members Matters

After Trump fired Democratic EAC commissioners Thomas Hicks and Benjamin Hovland, the remaining Republican Commissioner, Christy McCormick, resigned the same day. The loss of these three leaders left the EAC without any sitting members; the fourth commissioner, Republican Donald Palmer, resigned back in April.

While the agency can continue handling some day-to-day administrative functions, there are several important decisions and responsibilities that cannot be made or fulfilled. For example, adopting new voting system guidelines and other policy decisions must be voted on by EAC commissioners.

At this point, it’s unclear if or when replacements will be announced, but appointing them could take a substantial amount of time, making it unlikely they’d be in place before the upcoming elections. The move has led many to accuse Trump of trying to rig the midterms.

Meanwhile, as states prepare for November, the firing and resignation of EAC members could affect accessibility, security, and election administration.

Risks of Delayed Election Improvements with EAC Members Fired

There are several concerns about the limitations of the Election Assistance Commission because there are no commissioners.

Election technology continually evolves. Voting systems receive software updates. Cybersecurity threats change. These are things that the EAC was designed to review and vote on but can’t be addressed without commissioners.

Critics worry that such voting improvements could be delayed, even as routine election administration continues.

But that doesn’t necessarily mean November's midterms will be disrupted after Trump fired the remaining commissioners; elections remain primarily the responsibility of state and local officials.

However, it could mean that the federal agency designed to coordinate and help maintain election best practices is operating with limited authority during a busy election year.

There have been numerous Presidential actions over the past year and a half that have caused considerable political and public outcry. Combined with Trump’s baseless claims that elections are rigged and there’s widespread voter fraud in the U.S., preventing a bipartisan election agency from fulfilling its role has fueled further controversy.

Why Could Trump Fire EAC Commissioners?

Earlier this month, the Supreme Court ruled that presidents have broader authority to remove leaders of independent executive agencies. This decision allowed Trump to fire EAC commissioners, the first major real-world example of how the Court’s expansion of executive power could be used by presidents.

That landmark ruling may affect agencies responsible for handling much more than election improvements. It could be used to fire leaders of numerous other independent agencies, including those that regulate financial markets, consumer protection, labor disputes, and product safety.

Supporters argue that presidents should have greater control over executive branch officials to ensure agencies remain accountable to elected leadership.

However, others argue that these agencies were created specifically to operate independently. Removing bipartisan leaders could make those institutions driven more by political influence and reduce public confidence in the work they do.

Who Chooses the EAC Replacements?

The EAC commissioner vacancies don’t automatically fill themselves. Under the Help America Vote Act, which created the Election Assistance Commission`, the President nominates replacements based on recommendations from both Republican and Democratic congressional leaders.

Nominees for EAC commissioners must then be confirmed by the Senate, and no more than two may belong to the same political party.

How quickly Trump nominates new commissioners, and how quickly they’re confirmed, remains uncertain, but that’s not the only issue up in the air. If the EAC remains without this leadership, election improvements and support to states could be at risk for the highly anticipated 2026 midterms.

Is the Future of Fair Elections at Stake?

Although the EAC's staff continue performing many operational duties, several significant policy actions remain on hold until new commissioners are confirmed.

The Supreme Court's ruling was expected to give presidents greater influence over independent agencies. The dismissal of the Election Assistance Commission's remaining members demonstrates how quickly that authority can reshape institutions that Congress intended to be bipartisan.

For everyday Americans, how this affects the midterms and future elections may not be visible at their local polling place.

Rather, the long-term implications might hold the most significance. How independent federal agencies operate, how future presidents exercise removal power, and whether Congress responds with new legislation may influence election administration and create an imbalance of executive power for years to come.

Legal Examiner Staffer

Legal Examiner Staffer

Legal Examiner staff writers come from diverse journalism and communications backgrounds. They contribute news and insights to inform readers on legal issues, public safety, consumer protection, and other national topics.

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