Trump Fires Election Commission Members, Disabling Agency Ahead of Midterms
President Donald Trump has fired all remaining members of the U.S. Election Assistance Commission (EAC), the only federal agency devoted solely to election administration, leaving it unable to take official action just months before the 2026 midterm elections. The two Democratic commissioners, Chairman Thomas Hicks and Benjamin Hovland, were terminated via email on July 9, while Republican Commissioner Christy McCormick resigned, according to AP News.
Background: What the EAC Does
Created by the Help America Vote Act of 2002 — signed into law by Republican President George W. Bush after the disputed 2000 presidential election — the EAC is a bipartisan four-member commission responsible for distributing federal grants to state and local election offices, maintaining the national voter registration form, testing and certifying voting systems, and offering best practices to election officials nationwide. With all four seats now vacant, the agency cannot perform any of these functions.
How the Firings Unfolded
Hicks and Hovland were notified by an email signed by Morgan DeWitt Snow, deputy director of presidential personnel in the Executive Office of the President. The email read: “On behalf of President Donald J. Trump, I am writing to inform you that your position as Commissioner of the Election Assistance Commission is terminated, effective immediately. Thank you for your service,” as VoteBeat reported. McCormick, the Republican vice chair, had already submitted her resignation on June 9. A fourth Republican seat had been vacant since April, when Commissioner Donald Palmer departed to join the Heritage Foundation.
The White House defended the action, stating: “The President, and head of the Executive Branch, reserves the right to remove individuals that may not be totally aligned with the important task of securing America’s elections and ensuring every legal vote is counted.”
Legal Basis: The Trump v. Slaughter Decision
The firings were enabled by the Supreme Court’s June 29, 2026 ruling in Trump v. Slaughter, which held 6-3 that the president has broad authority to fire leaders of independent executive agencies without cause, overturning the nearly century-old precedent of Humphrey’s Executor v. United States (1935). The case involved former FTC Commissioner Rebecca Slaughter, whom Trump had fired despite a federal law requiring cause for removal. As USA Today reported, commissioners had been concerned about the implications of the ruling even before the firings.
However, legal experts note that whether the EAC — a bipartisan election commission — falls under the Slaughter precedent remains an open question. Rick Hasen, an election law professor at UCLA, told VoteBeat: “It’s an open question about the EAC and the [Federal Election Commission]. The question has not been tested as to whether political entities created with bipartisan balance might be subject to another exception.”
Reactions and Criticism
Democratic leaders in Congress condemned the move. Sen. Alex Padilla (D-CA) and Rep. Joe Morelle (D-NY) issued a joint statement saying: “President Trump is trying to dismantle yet another independent guardrail of our democracy designed to keep elections fair and secure. Purging commissioners just months before the midterm elections and further gutting support for our state and local elections officials is a blatant part of his plan to politicize our elections.”
Michael Waldman, president and CEO of the Brennan Center for Justice, said: “These removals leave the agency without leadership and unable to carry out its major responsibilities.”
Impact on the 2026 Midterms
Most election administration experts agree the immediate impact on the November midterms is limited, as states primarily run their own elections. David Becker, a former Department of Justice attorney who runs the Center for Election Innovation & Research, wrote on BlueSky: “This doesn’t really change anything about how our elections will be run, and how states are successfully ensuring secure, convenient, safe elections.”
However, the absence of a functioning EAC could create logistical challenges. The agency oversees the federal testing and certification program for voting systems, accredits testing laboratories, and distributes grants to state and local election offices. Without commissioners, none of these functions can proceed, potentially delaying funding and equipment certification ahead of the midterms.
Broader Implications
The EAC firings are part of a broader pattern of Trump asserting control over independent agencies. Similar dismissals have occurred at the Federal Trade Commission, National Labor Relations Board, Merit Systems Protection Board, and Consumer Product Safety Commission. The White House framed the action as part of a push to pass the “Save America Act,” which would require proof of citizenship for voter registration.
Arizona Secretary of State Adrian Fontes (D) said: “It is irresponsible and dangerous that this Administration remains dead set on causing chaos for our election officials across this country. This move undermines the integrity of nonpartisan election administration.”
What’s Next
It remains unclear whether Trump will nominate new EAC commissioners or leave the positions vacant. New commissioners must be nominated by the president and confirmed by the Senate — a process that could take months. The fired commissioners could also challenge their dismissals in court, potentially creating a test case for whether bipartisan election commissions are subject to the Slaughter doctrine. As the midterms approach, the fate of the EAC — and the broader balance of power between the presidency and independent agencies — hangs in the balance.