Jessie Ojeda
90 Geo. Wash. L. Rev. 1354
The U.S. Election Assistance Commission (“EAC” or “Commission”) is failing in its duties to shepherd and assist in the betterment of our federal elections. In the wake of the highly controversial 2016 and 2020 presidential elections and related claims of election interference, the EAC has received increased public scrutiny and demands for action. Prior and ongoing attempts to reform the EAC have gone nowhere, leaving the Commission mired in partisan gridlock at a time when its leadership is perhaps more needed than ever.
Originally formed in 2002 as a result of the 2000 presidential election scandals, the EAC was tasked with serving as a national clearinghouse and resource for federal election administration improvements. Since then, however, the EAC has consistently been underfunded, suffered from political gridlock, and lacked authority to enforce or make any substantive rules or policies. These problems are largely the result of a flawed administrative structure and restrictive statutory language, which have prevented the Commission from being able to effectuate necessary change.
This Essay proposes several revisions to the EAC’s administrative and regulatory structure that could finally empower the EAC to act with necessary authority. Part I proposes three fundamental alterations to the EAC’s enabling statute: (1) restructuring the EAC as modeled after the Consumer Product Safety Commission to add a Chair, amongst other administrative revisions, (2) providing for permanent authorizations for the EAC, and (3) endowing the EAC with enforcement and rulemaking authority, largely modeled on the Federal Election Commission. Part II then details a brief overview of critical areas of election and voting reform that could be addressed by a newly empowered EAC, including automatic voter registration, absentee and vote by mail ballots, early voting, and poll worker training and recruitment. Ultimately, it is the purpose of this Essay to envision a new framework for the EAC that would balance the often-conflicting goals of ballot access and election integrity while ensuring the Commission has the necessary power to overcome partisan gridlock and serve its intended purpose.
