Florida’s “hanging chads” ballot controversy riveted the nation during the 2000 presidential contest and later prompted Congress to create an independent commission to help states update their voting equipment. The U.S. Election Assistance Commission has operated in relative anonymity since, but is now central to President Donald Trump’s executive order seeking to overhaul elections. One of the commission’s boards will meet Thursday in North Carolina, the first commission-related meeting since the directives were announced. Among other things, Trump directed the agency to update the national voter registration form to add a proof of citizenship requirement. But whether the president can order an independent agency to act and whether the commission has the authority to do what Trump wants will likely be settled in court. Why was the commission created? Congress approved the Help America Vote Act in 2002 to help states replace outdated voting systems and improve the voting experience. It passed overwhelmingly with bipartisan support and was signed into law by then-President George W. Bush, a Republican who won the 2000 presidential contest over Democrat Al Gore in a disputed election that went to the U.S. Supreme Court. The culprit was a method of voting at the time in Florida that relied on so-called punch-card ballots, which required voters to mark their choices using a hand-held stylus. But thousands of voters didn’t punch their ballot choices completely, leaving it to local election workers — some using magnifying glasses — to divine their intent. The resulting chaos in the pivotal swing state and intense national attention turned “hanging” and “pregnant” chads into household terms. The Supreme Court ultimately stopped the counting, leaving Bush with a 537-vote victory margin that gave him the Electoral Votes he needed to claim the presidency. The 2002 law was designed to modernize the voting process. Under it, the Election Assistance Commission was given a number of mandates: distribute $2.8 billion in federal money for new voting equipment; create voluntary guidelines for voting systems and establish a federal testing and certification program for them; oversee the national voter registration form; and gather data about federal elections. The four commissioners who lead the agency are nominated by the president based on recommendations from the majority and minority leaders in the U.S. House and Senate, then confirmed by the Senate. No political party can be represented by more than two commissioners. At various points, the agency has faced budget cuts, staffing shortages and gridlock caused by vacancies in the commissioner positions. But a consistent budget and a quorum among the commissioners since 2019 has led to increased stability, with election officials praising its efforts in recent years. Trump wants to put his own stamp on elections Trump has long been skeptical of how elections are run, making claims that the 2020 election was “rigged” against him. Multiple reviews of that election confirmed his loss to Democrat Joe Biden. He has continued to criticize voting processes since his win last November, including in his March 25 executive order, which calls for major changes that include a proof-of-citizenship requirement when people register to vote for federal elections. While Trump directed several federal agencies to act, two of the order’s major provisions were directed at the Election Assistance Commission. It was instructed to “take appropriate action” within 30 days to require documentary proof of citizenship on the national voter registration form. The order outlines acceptable documents as a […]