[EL] EAC

[Joseph Lorenzo Hall]

Small correction: I believe the EAC can still issue certificates granting
federal certification (their latest newsletter from their certification
division listed a few recently certified voting systems), notices of
interpretation, etc. However, not having commissioners and a director
severely limits any new activity, hires, etc. In my opinion, a clear shame
given their important clearing house and communications efforts. best, Joe

On Friday, November 2, 2012, Scott Rafferty wrote:

> This isn’t a case of bipartisan neglect.  Obama has certainly tried to
> populate the Commission.  However, after their bill to abolish the agency
> failed, the Republican leadership used its statutory role in the
> appointment process to shut it down.  Under Humphrey's Executor, Bowsher v.
> Synar, Free Enterprise Fund, etc., it's not so clear that Obama could fill
> the EAC under the appointments or faithful execution clauses, even if he
> attempted a recess appointment.
>
>
>
> 42 USC 15323 restricts the President to appointing commissioners only
> after receiving recommendations for the congressional leadership of the
> party with which a vacancy is affiliated.  In addition to the two
> Democratic nominees, Obama nominated Maryland Republican Gineen Bresso.
> Congressional Republicans had recommended her prior appointment.  She held
> over until Dec. 2011, when she moved from Maryland to Florida, where she is
> running for Congress.
>
>
>
> The Commission can take *no* action (such as certifying election systems)
> without the concurrence of three out of the four Commissioners.  42 USC
> 15328.  The statute provides for an Executive Director, but he also
> resigned, devolving power (if any) onto the General Counsel, who was then
> nominated and confirmed to the MSPB.  An unidentified agency spokesman
> told the Washington Post: “that “we are working to serve our mission
> according to the policies in place that were established earlier by the
> commissioners.”
>
>
>
> As Judge Cavanagh explained in Aiken County (involving another
> incapacitated commission, the NRC), precedent significantly impedes the
> president’s ability to enforce the law.
>
> Scott Rafferty
> 1913 Whitecliff Ct
> Walnut Creek CA
>  mobile 202-380-5525
>
>
>
> On 1 November 2012 15:35, David Levine <davidalanlevine at gmail.com> wrote:
>
> Hey Brad,
>
> The President nominated Tom Hicks and Myrna Perez.
> On Nov 1, 2012 12:36 PM, "Smith, Brad" <BSmith at law.capital.edu> wrote:
>
>  “Must-read Roll Call report on the U.S. Election Assistance Commission,
> the federal agency which is supposed to be advising on best practices in
> running elections, and would be a go-to place for guidance in the wake of
> Sandy, but which has all four of its commissioner seats vacant *thanks to
> Republican opposition to the agency*.”****
>
> ** **
>
> Well, it’s not exactly like the President has nominated people who are
> waiting to be confirmed, or made recess appointments, which he seems to be
> willing to do even when the House and Senate have not declared themselves
> in recess.  Perhaps we should say “thanks to bipartisan lack of interest.”
> ****
>
> ** **
>
> ** **
>
> *Bradley A. Smith*
>
> *Josiah H. Blackmore II/Shirley M. Nault *
>
> *  Professor of Law*
>
> *Capital University Law School*
>
> *303 East Broad Street*
>
> *Columbus, OH 43215*
>
> *(614) 236-6317*
>
> *bsmith at law.capital.edu*
>
> *http://www.law.capital.edu/faculty/bios/bsmith.asp*
>
> ** **
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
>
>

-- 
https://josephhall.org/
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