Title 52, Voting and ElectionsRelease 119-110

§20923 Membership and Appointment

Title 52 › Subtitle II — Voting Assistance and Election Administration › CHAPTER 209 — ELECTION ADMINISTRATION IMPROVEMENT › SUBCHAPTER II — COMMISSION › Part A — Establishment and General Organization › subpart 1 — election assistance commission › § 20923

Last updated Sep 22, 2026|Official source

Summary

Creates a four-member commission. The President picks the four members and the Senate must confirm them. Before the first appointments and before filling any vacancy, the Senate and House majority and minority leaders must each send the President a recommended candidate for any vacancy tied to the political party of the Member of Congress involved. Each member must have experience with running elections or studying elections. All appointments had to be made no later than 120 days after October 29, 2002. Members normally serve 4 years and may be reappointed once. At first, two members were picked for 2 years and two for 4 years (no more than one in each pair from the same party). Vacancies are filled the same way as the original appointment, and members stay on until their successors take office. The commission picks a chair and a vice chair from its members for 1-year terms; they cannot be from the same party, and a member may serve as chair and as vice chair only once during their appointment. Members are paid at the Executive Schedule level IV rate (see 5 U.S.C. 5315) and must end any other job or business before serving.

Full Legal Text

Title 52, §20923

Voting and Elections, Source: USLM XML via OLRC

(a)Membership
(1)In general
The Commission shall have four members appointed by the President, by and with the advice and consent of the Senate.
(2)Recommendations
Before the initial appointment of the members of the Commission and before the appointment of any individual to fill a vacancy on the Commission, the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives shall each submit to the President a candidate recommendation with respect to each vacancy on the Commission affiliated with the political party of the Member of Congress involved.
(3)Qualifications
Each member of the Commission shall have experience with or expertise in election administration or the study of elections.
(4)Date of appointment
The appointments of the members of the Commission shall be made not later than 120 days after October 29, 2002.
(b)Term of service
(1)In general
Except as provided in paragraphs (2) and (3), members shall serve for a term of 4 years and may be reappointed for not more than one additional term.
(2)Terms of initial appointees
As designated by the President at the time of nomination, of the members first appointed—
(A)two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 2 years; and
(B)two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 4 years.
(3)Vacancies
(A)In general
A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(B)Expired terms
A member of the Commission shall serve on the Commission after the expiration of the member’s term until the successor of such member has taken office as a member of the Commission.
(C)Unexpired terms
An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(c)Chair and vice chair
(1)In general
The Commission shall select a chair and vice chair from among its members for a term of 1 year, except that the chair and vice chair may not be affiliated with the same political party.
(2)Number of terms
A member of the Commission may serve as the chairperson and vice chairperson for only 1 term each during the term of office to which such member is appointed.
(d)Compensation
(1)In general
Each member of the Commission shall be compensated at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5.
(2)Other activities
No member appointed to the Commission under subsection (a) may engage in any other business, vocation, or employment while serving as a member of the Commission and shall terminate or liquidate such business, vocation, or employment before sitting as a member of the Commission.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 15323 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Reference

Citations & Metadata

Citation

52 U.S.C. § 20923

Title 52, Voting and Elections

Last Updated

Sep 22, 2026

Release point: 119-110