The Independent View: Election Assistance Commission Appointments in 2014

The U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA). EAC is an independent, bipartisan commission charged with developing guidance to meet HAVA requirements, adopting voluntary voting system guidelines, and serving as a national clearinghouse of information on election administration. EAC also accredits testing laboratories and certifies voting systems, as well as audits the use of HAVA funds.

Other responsibilities include maintaining the national mail voter registration form developed in accordance with the National Voter Registration Act of 1993.

HAVA established the Standards Board and the Board of Advisors to advise EAC. The law also established the Technical Guidelines Development Committee to assist EAC in the development of voluntary voting system guidelines.

The four EAC commissioners are appointed by the president and confirmed by the U.S. Senate. EAC is required to submit an annual report to Congress as well as testify periodically about HAVA progress and related issues. The commission also holds public meetings and hearings to inform the public about its progress and activities.

Once confirmed by the full Senate, commissioners may serve two consecutive terms and no more than two commissioners may belong to the same political party.

Other members of the EAC: Executive Director, The General Counsel, Inspector General, plus staff, currently at 26.

It has been without the four Commissioners and has been under budget for some time.

At the end of December 2014, the foll0wing members were confirmed:

Matthew V. Masterson, Nominee for Commissioner, Election Assistance Commission

Matthew V. Masterson (R) is Deputy Chief of Staff and Chief Information Officer for the Ohio Secretary of State, positions he has held since 2013. He previously served as Deputy Director of Elections from 2011 to 2013. Prior to joining the Ohio Secretary of State’s office, Mr. Masterson held multiple roles at the Election Assistance Commission from 2006 to 2011, including Deputy Director for the Testing and Certification Division, Attorney and Advisor, and Special Assistant and Counsel to Chair Paul DeGregorio. Mr. Masterson received a B.S. and a B.A. from Miami University and a J.D. from the University of Dayton School of Law.

Christy McCormick, Nominee for Commissioner, Election Assistance Commission

Christy McCormick (R) is a Senior Trial Attorney in the Voting Section of the Civil Rights Division at the Department of Justice, a position she has held since 2006. She was detailed by the Deputy Attorney General to be Senior Attorney Advisor and Acting Deputy Rule of Law Coordinator in the Office of the Rule of Law Coordinator at the U.S. Embassy in Baghdad, Iraq from 2009 to 2010. From 2003 to 2006, she served as a Judicial Clerk to the Honorable Elizabeth A. McClanahan in the Court of Appeals of Virginia. Ms. McCormick was an Assistant Attorney General and Assistant to the Solicitor General in the Office of the Attorney General of Virginia from 2001 to 2003. She was a Judicial Law Clerk in the Seventh Judicial Circuit Court of Virginia from 1999 to 2001. Ms. McCormick received a B.A. from the University of Buffalo and a J.D. from the George Mason University School of Law.

Thomas Hicks, Nominee for Commissioner, Election Assistance Commission

Thomas Hicks (D) has been the Senior Elections Counsel on the U.S. House of Representatives Committee on House Administration since 2003 where he oversees all Committee matters relating to Federal elections and campaign finance. Prior to that, he was a Policy Analyst for Common Cause, a non-profit, public advocacy organization working in support of election and campaign finance reform. He also previously served as a Special Assistant in the Office of Congressional Relations at the U.S. Office of Personnel Management. He received his J.D. from the Catholic University of America, Columbus School of Law and his B.A. in Government from Clark University (Worcester, MA).

Matthew S. Butler, Waiting Confirmation as Commissioner, Election Assistance Commission

Matthew S. Butler (D), is the former CEO and president of the George Soros-funded advocacy group Media Matters.

With the three confirmations, the commission now has a quorum.

The Republican House has voted to defund the agency, and there is great mistrust of the agency from some Republicans. Perhaps things will be better this time around. The agency has some important functions to fulfill, especially related to approval of voting technology and collection of election related data.