Trump Removes Every Remaining Election Assistance Commissioner Months Before the Midterms (July 2026)
Trump emptied the Election Assistance Commission, the only federal agency dedicated solely to election administration, firing its two Democratic commissioners by email and accepting the Republican's resignation. The White House said the firings were authorized by the Supreme Court's new removal-power ruling. The agency cannot update voting-system guidelines or take other formal votes until new commissioners are confirmed. It had been sitting on a pending demand, pressed by Trump's 2025 election order, to require documentary proof of citizenship on the federal registration form.
Record summary
Grade
Grade 2 of 5: Major Abuse of Power
Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions
- Status
- Ongoing
- Incident date
- Record updated
- Location
- Washington, DC
- Category
- Civil Rights
- Legal posture
- Executive action
- War-crime classification
- Enabling conduct
- ICC relevance
- No
- Sources
- 5 cited
- Stable ID
eac-commissioners-purge-july2026- Legal basis
- Help America Vote Act of 2002 (52 U.S.C. § 20921 et seq., which establishes a four-member bipartisan commission, no more than two from one party); Elections Clause (Art. I, § 4); Trump v. Slaughter (2026)
- Posture note
- The removals were executive actions announced by the White House. Whether Trump v. Slaughter, which concerned the FTC, reaches a bipartisan election agency has not been tested in court. No legal challenge to the EAC removals had been reported as of this entry's last update.
- Victims
- State and local election administrators who rely on the EAC; voters in the 2026 midterm elections
- Alleged responsible parties
- Donald J. Trump, President— Executive Office of the President
- Morgan DeWitt, Deputy Director of Presidential Personnel (sent the termination emails)— White House Presidential Personnel Office
Key points
- Commissioners Thomas Hicks (a member since 2014) and Benjamin Hovland (since 2019) were fired by email on July 9, 2026; Republican Christy McCormick was allowed to resign. Republican Donald Palmer had already left in April 2026.
- The termination 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.'
- The White House statement: 'The President 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.' A White House official added: 'The Slaughter decision gives the President precedence to do so.'
- Without a quorum the EAC cannot adopt or change voting-system guidelines or take other formal votes. Votebeat reported that testing and certification of voting systems against previously adopted standards, and formula-based payments to states, can continue through staff.
- ProPublica reported that the commission had received hundreds of thousands of public comments on an America First Legal petition to require documentary proof of citizenship on the national voter registration form, a change Trump's March 2025 executive order directed, and had not voted on it when the commissioners were removed.
What Happened
On July 9, 2026, the White House removed every remaining member of the U.S. Election Assistance Commission (EAC). The two Democratic commissioners, Thomas Hicks and Benjamin Hovland, received an email from Morgan DeWitt, deputy director of Presidential Personnel, telling them their positions were "terminated, effective immediately." The Republican commissioner, Christy McCormick, was allowed to resign. The fourth seat had been vacant since Republican Donald Palmer left earlier in the year to join the Heritage Foundation. The agency was left without a single commissioner.
The White House did not cite misconduct. It said that "the President 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," and a White House official said that "the Slaughter decision gives the President precedence to do so." That was a reference to the Supreme Court's June 29 ruling in Trump v. Slaughter, which overturned Humphrey's Executor in a case about the Federal Trade Commission.
Senator Mark Warner called the removals an "extraordinary step that demands an immediate explanation from the administration and raises profound concerns about political interference in the institutions that support our elections."
Why the EAC Matters
Congress created the EAC in the Help America Vote Act of 2002, after the 2000 election, as a deliberately bipartisan body: four commissioners, no more than two from one party, confirmed by the Senate. Formal action requires three votes. The commission adopts the Voluntary Voting System Guidelines that many states use to certify their equipment, maintains the national mail voter registration form, and distributes federal election funds.
Without a quorum, the EAC cannot adopt or change voting-system guidelines or take any other formal vote. Votebeat reported that day-to-day work continues through career staff. Testing and certification of voting systems against standards already adopted can proceed, and formula-based payments to states continue. Restoring a quorum requires presidential nominations and Senate confirmation, and nominations had not been announced when this entry was last updated.
The Proof-of-Citizenship Context
Trump's March 2025 election executive order (EO 14248) directed the EAC to require documentary proof of U.S. citizenship on the national voter registration form. Federal courts blocked that directive. Separately, the Trump-aligned legal group America First Legal petitioned the EAC to make the same change. ProPublica reported that the commission had received hundreds of thousands of public comments on that petition and had not voted on it when its members were removed. Nextgov noted that the EAC had previously declined to add the requirement.
Legal Analysis
The removals were the first use of the new Slaughter removal power against an agency whose job is running elections. Slaughter involved the FTC, an agency that enforces economic regulation. Whether its reasoning extends to a commission that Congress made bipartisan by statute, specifically to keep either party from controlling election administration, has not been decided by any court.
The documented harm is structural. The one federal body built to give both parties an equal voice in election administration now has no members. Any future reconstitution depends entirely on the president's choice of nominees, and the timing makes the removal more serious: it happened in the final four months before a national election, as the administration was pressing states on voter-roll data and citizenship verification (see voter-suppression-election-interference).
Classification
This entry is classified as an enabling condition. It is not an international crime. Impartial administration is a precondition of the "genuine periodic elections" guaranteed by Article 25 of the ICCPR, and removing the bipartisan body charged with election-administration standards, on the stated ground that its members were not "totally aligned" with the president, weakens that guarantee.
International law engaged
| Instrument | Provision | What it protects or prohibits |
|---|---|---|
| International Covenant on Civil and Political Rights | Article 25 | Right to vote at genuine periodic elections that guarantee the free expression of the will of electors, which depends on impartial election administration |
Sequence of events
-
Commissioner Palmer departs
Republican commissioner Donald Palmer leaves the EAC in April 2026, reducing the commission to three members.
-
Trump v. Slaughter decided
The Supreme Court rules 6-3 that for-cause removal protections for FTC commissioners are unconstitutional, overturning Humphrey's Executor.
-
Remaining commissioners removed
Hicks and Hovland are fired by email; McCormick resigns. The White House cites Slaughter as its authority. The EAC is left with no commissioners.
-
Reporting on operational consequences
Votebeat reports that the EAC cannot update voting-system guidelines or take formal votes until at least three new commissioners are confirmed, although staff-level certification and payments continue.
Sources
- Judge rules against Trump's call for proof-of-citizenship requirement for voters — Votebeat
- Trump fires Election Assistance Commission members, leaving agency unable to act — Votebeat
- Trump Pushes Out Last Federal Election Assistance Commission Members — ProPublica
- Trump empties out election commission leadership just months before midterms — Nextgov/FCW
- What Trump's Election Assistance Commission firings mean for the 2026 elections — Votebeat