Election Assistance Commission loses quorum after Trump firings

The Election Assistance Commission fell below the three-member quorum required to act after President Donald Trump fired its remaining commissioners. The move came in the middle of an election year for the only federal agency tasked with helping states administer elections.

On Thursday the commission dropped below quorum when Trump removed its three remaining members. By statute the EAC needs affirmative votes from at least three commissioners to conduct business.

The firings follow the Supreme Court’s recent decision in Trump v. Slaughter, which eliminated for-cause removal protections for most multimember commissions. The ruling allows presidents to dismiss appointees at will, except at the Federal Reserve.

Several other commissions have already lost quorums during Trump’s term, including the Federal Election Commission and the Merit Systems Protection Board. The EAC now joins them with no ability to issue guidance or approve actions until new members are confirmed.

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The U.S. Supreme Court on Monday ruled that President Donald Trump can remove commissioners from independent agencies like the Federal Trade Commission without cause. In a 6-3 decision in Trump v. Slaughter, the court overturned a 1935 precedent. A separate 5-4 ruling in Trump v. Cook preserved limits on firing Federal Reserve board members.

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