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1 1 (February 11, 2019)

handle is hein.crs/govybw0001 and id is 1 raw text is: Infrmr'theg i deat sin 11 0 Updated February 11, 2019 The U.S. Election Assistance Commission: An Overview The 2000 presidential election exposed weaknesses in state election systems. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). Among other changes, such as setting certain national requirements for election administration, HAVA created a federal agency to help states, territories, and localities administer federal elections: the U.S. Election Assistance Commission (EAC). Proposals have since been introduced both to terminate the EAC and to extend or expand it. Most recently, the agency has taken on new roles as part of the federal response to attempted foreign interference in the 2016 elections. Duties States, territories, and localities have traditionally had primary responsibility for administering elections. Some were concerned that creating a federal election administration agency would shift that balance. Congress responded by restricting the EAC's ability to compel state, territorial, or local action. The EAC is not charged with enforcing HAVA's national requirements, and its rulemaking authority is limited to the federal mail-based voter registration form established by the National Voter Registration Act of 1993 (P.L. 103-3 1). Most of the EAC's duties are aimed instead at incentivizing action via funding or facilitating action by collecting and sharing information. HAVA assigned the agency a number of responsibilities, including * administering formula payments to states, territories, and the District of Columbia (D.C.) to make general improvements to election administration, replace lever and punch card voting systems, and comply with HAVA's national requirements; * awarding grants for youth voter participation initiatives and voting technology research and pilot programs; * testing and certifying voting systems; * accrediting voting system testing laboratories; * adopting voluntary voting system guidelines (VVSG) and voluntary guidance for complying with HAVA's national requirements; * collecting and sharing data and best practices; and * conducting election administration research. The EAC has also taken on new roles in response to foreign election interference efforts. According to the U.S. Intelligence Community, Russian hackers targeted state election systems in 2016. The U.S. Department of Homeland Security (DHS) responded in January 2017 by designating election systems as critical infrastructure. The EAC has helped establish the new Election Infrastructure Subsector (EIS). For example, it has served as an intermediary between DHS and state and local election officials, helped launch the EIS's Government and Sector Coordinating Councils, and participated in EIS training exercises. For more on the EIS, see CRS In Focus IF10677, The Designation of Election Systems as Critical Infrastructure, by Eric A. Fischer. Structure The EAC consists of a four-member Commission, an Office of Inspector General (OIG), and a staff, assisted by three advisory bodies: a Standards Board, a Board of Advisors, and a Technical Guidelines Development Committee. The Standards Board and Board of Advisors review proposed voluntary guidance, including the VVSG, and consult on tasks like research and long-term planning. The Technical Guidelines Development Committee, which includes representatives of the two boards and is chaired by the Director of the National Institute of Standards and Technology (NIST), helps develop the VVSG. The members of the Commission, who are required to have elections experience or expertise, are recommended by congressional leaders, nominated by the President, and subject to Senate confirmation. No more than two of the four may be affiliated with the same political party, and each may serve up to two four-year terms. HAVA mandates a three-vote majority for actions that require Commission approval, such as adopting the VVSG. The EAC lacked that policymaking quorum from December 2010 to January 2015 and again for just over 10 months following the departure of Commissioner Matthew Masterson in March 2018; see Figure 1 for details. Figure I. EAC Commissioner Terms of Service O304Q05 06Q7Q089 1011f 12 I4 15161 11 DEMOORATC REPIRIA Carhr Huter Source: CRS, based on data from the EAC and Congress.gov. In 2018, President Donald Trump nominated Donald Palmer to succeed Commissioner Masterson and Benjamin Hovland to the seat vacated by Commissioner Rosemary Rodriguez in 2009. Both nominees were confirmed by the ttps:I/crsreportstcongress~gov

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