Page 1 of 7

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting; Revised Bylaws adopted on April 25, 

2023 at D.C. Board of Advisors Meeting -This version supersedes all previous versions.

BYLAWS

OF THE U.S. ELECTION ASSISTANCE COMMISSION

BOARD OF ADVISORS

Article I: Authority

Pursuant to the Federal Advisory Committee Act (FACA) and the Help America Vote Act of 

2002 (HAVA) [Public Law 107-252], as such statutes may be amended from time to time, the 

Board of Advisors (hereinafter referred to as "The Board") has been granted its authority through 

its Charter with the U.S. Election Assistance Commission (EAC). The Board and all committees 

thereof will comply fully with the provisions of FACA; and all other applicable Federal laws. 

Article II: Objectives

The Board will:

A. Advise the EAC through review of (1) the voluntary voting system guidelines described in 

Title III Part 3 of the HAVA; (2) voluntary guidance described under Title III of HAVA; (3) 

best practices recommendations contained in the report submitted under Section 242(b) of 

Title II (HAVA Title II section 212); and (4) such documents that the EAC presents to the

Board. 

B. Pursuant to section 204(a)(3) of HAVA, appoint a search committee to recommend at least 

three nominees for the position of Executive Director of the EAC when a vacancy exists. 

C. Function as an advisory body to the EAC.

Article III: Membership

Pursuant to Section 214(a) of HAVA, the Board shall consist of 37 members.

Article IV: Officers1

1 2023 amendments editing Article IV shall go into effect for the 2024 Executive Officers election. For 

the 2023 Executive Officers election, the Board of Advisors Bylaws, as amended at the May 16, 2022 

Virtual Board of Advisors meeting, shall remain in effect.

A. The Board shall elect Executive Officers to consist of the Chair, Chair-Elect, and Secretary 

from its members.2

2 Article IV, Section A was amended on May 5, 2016 at the Chicago Board of Advisors meeting.

B. Terms of Service.3

3 Article IV, Section B was amended on April 25, 2023 at the D.C. Board of Advisors meeting.

1. Officers shall serve for a term of one (1) year, which shall be measured from annual 

meeting to annual meeting.

2. Upon the completion of the one-year term of Chair, the Chair-Elect shall 

automatically become Chair for the term immediately following the term of the 

outgoing Chair.

3. A Secretary may serve no more than two (2) consecutive terms in that office.

4. There shall be no limit on the number of terms that any member may serve in any 

given office. An outgoing Chair is permitted to run for the office of Chair-Elect.
Page 2 of 7

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting; Revised Bylaws adopted on April 25, 

2023 at D.C. Board of Advisors Meeting -This version supersedes all previous versions.

5. In the event of a vacancy in the Office of Chair, the Chair-Elect shall serve as 

Interim Chair. The remaining Officers may appoint an Interim Chair-Elect until the 

next Board meeting. In the event of a vacancy in either of the offices of Chair-Elect 

or Secretary, the remaining Officers may appoint an interim Officer until the next 

Board meeting.

Time served as an interim Secretary shall not count toward the limitation of 

serving no more than two (2) consecutive terms in the office of Secretary. Time 

served as an Interim-Chair shall not count against the one (1) year term as Chair.

6. If a Chair-Elect becomes Interim Chair, then the Chair-Elect shall serve as Interim 

Chair until the end of the vacating Chair’s original term. Upon completion of the 

vacating Chair’s original term, the Interim Chair shall become Chair for the full oneyear term measured from annual meeting to annual meeting.

7. If a member is appointed as Interim Chair-Elect by the remaining Officers due to a 

vacancy in the Office of the Chair-Elect or the Chair-Elect becoming interim Chair, 

this Interim Chair-Elect may not automatically become Chair upon the completion 

of the outgoing Chair’s term. Only a Chair-Elect who has been elected by the full 

Board of Advisors may automatically assume the position of Chair.

C. Nominations.

1. Expired Terms.4

4 Article IV, Section C was amended on May 5, 2016 at the Chicago Board of Advisors meeting and on 

April 25, 2023 at the D.C. Board of Advisors meeting. 

a) The Election Certification Committee shall solicit nominations for the 

Executive Officers from Advisory Board members. The Election 

Certification Committee shall send to Advisory Board members a 

solicitation no later than 60 days immediately prior to the expiration of 

any Executive Officer's term. The solicitations shall designate the address 

and form for submitting nominations.

b) Each year, the Election Certification Committee shall solicit nominations 

for the Offices of Chair-Elect and Secretary. The Election Certification 

Committee shall also solicit nominations for the Office of Chair if there is 

not a Chair-Elect elected by the full Board of Advisors in line to assume 

the Office of Chair.

c) Advisory Board members may nominate themselves or other Advisory 

Board members by responding to the solicitation.

d) Nominations shall be submitted to the Advisory Board's Designated 

Federal Officer (DFO) (or the DFO's designee) in writing and may be 

submitted electronically no later than 30 days prior to the expiration of 

any Executive Officer's term. In the event that the 30th day falls on a 

federal holiday or weekend, nominations are due no later than the next 

business day.

e) Upon receipt of nominations, the DFO shall notify all Advisory Board 

members of nominated names at least fifteen (15) days prior to the date of 
Page 3 of 7

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting; Revised Bylaws adopted on April 25, 

2023 at D.C. Board of Advisors Meeting -This version supersedes all previous versions.

the Advisory Board meeting immediately following the submission 

deadline.

f) In the event the Election Certification Committee receives no 

Nominations for Officers before the submission deadline, Nominations 

will be accepted from the floor of the Board's meeting at which elections 

will take place.

2. Elections.

a. Separate elections for each office to be elected shall be by secret ballot 

and shall take place at the annual Board meeting of each calendar year.

Elections of officers shall take place sequentially starting with Chair, 

when required, and ending with Secretary.

b. In the event that there is only one nominee for an Officer position, the 

election of that Officer position shall take place by voice vote.

c. All election results shall be tabulated and certified by the Election 

Certification Committee. All tabulation and certification processes shall 

take place in the presence of the Board members at a time and place 

designated by the Election Certification Committee.

d. All elections shall be decided by plurality vote.

e. In case of a tie vote between the candidates at an election, the Election 

Certification Committee shall automatically recount the votes cast for the 

tied candidates. If a tie remains following a recount, the Board shall 

conduct a runoff election between the tied top vote-getters. If a tie 

remains following the runoff, the Election Certification Committee shall 

resolve the tie by the toss of a coin.

f. In the event that the Board is unable to meet for elections before the end 

of an Officer's term, the sitting Officers shall remain in their elected 

capacity until such time as the Board is able to meet again and a new 

Officer is elected.

Article V: Duties of Officers5

5 Article V was amended on April 25, 2023 at the D.C. Board of Advisors meeting.

A. The Chair shall:

1. Preside over meetings of the Board.

2. Appoint all standing, ad hoc, and special committees.

3. Serve as liaison with the Board's Designated Federal Officer (DFO).

4. Serve as official liaison to the EAC for all resolutions and recommendations adopted 

by the Board.

5. Coordinate with the DFO to request information from any federal agency and other 

EAC advisory boards necessary to assist with the functions of the Board.

6. Appoint a Parliamentarian to advise the Chair on the conduct of Board meetings.

7. Serve as ex officio member of all committees.

8. Work with the DFO to schedule meetings of the Board and develop the proposed 

agendas for the meetings.
Page 4 of 8

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting -This version supersedes all previous 

versions.

B. The Chair-Elect shall:

1. Assist the Chair in fulfilling his/her duties.

2. Serve as Chair in the absence of the Chair. 

3. Serve as Chair of the Resolutions Committee.

C. The Secretary shall:

1. Serve as Chair of the Bylaws Committee.

2. Review Board minutes before distribution to Board members.

3. Ensure, with assistance from the DFO, that meeting minutes are distributed to the 

Board within sixty (60) days of the meeting for which the minutes were recorded 

and properly filed at the EAC.

4. Assist the Chair at meetings and from time to time, as the Chair may designate.

5. Serve as Chair in the event that both the Chair and Chair-Elect positions are vacant; 

or the Chair and Chair-Elect are absent for any meeting.

D. The Designated Federal Officer (DFO) or his/her designee shall perform the duties as 

defined in the Federal Advisory Committee Act (FACA), 5 U.S.C. Appx 1, et seq, and 

regulations promulgated pursuant thereto.

Article VI: Meetings

A. Pursuant to section 2l5(a)(2)(A) of HAVA, the Board shall meet not less frequently than 

once every year for purposes of voting on the voluntary voting system guidelines referred to 

the Board.

B. Pursuant to section 215(a)(2)(C), the Board shall meet at such other times as it considers 

appropriate for purposes of conducting such other business as it considers appropriate 

consistent with HAVA.

C. The Board shall hold an annual meeting no later than 60 days prior to the end of the federal 

fiscal year of each calendar year, unless a majority of the members agree in writing to a 

meeting date to be held later in the year.6

6 Article VI, Section C was amended on May 5, 2016 at the Chicago Board of advisors meeting.

D. Meetings shall be called by the DFO in consultation with the Officers.

E. Meetings may be called at the request of the Chair, in consultation with the DFO.

F. Meetings may be called by a request of a majority of the Board members, in consultation 

with the DFO.

G. Meetings may only be called with at least forty-five (45) days' notice. Notice may be waived 

by written agreement of a majority of Board members, in consultation with the DFO and to 

the extent permitted by law.7

7 Article VI, Section G was amended on May 16, 2022 at the Virtual Board of Advisors meeting.

H. The DFO shall distribute the agenda to Board members prior to each meeting and shall 

publish notice of the meeting in the Federal Register as required by FACA.

I. Board members may submit agenda items to the DFO or Chair no less thirty (30) days prior 

to a Board meeting.8

8 Article VI, Section I was amended on May 16, 2022 at the Virtual Board of Advisors meeting. 

J. To the extent permitted by law, meetings may be held by electronic means such as 

conference calls. 
Page 5 of 8

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting -This version supersedes all previous 

versions.

K. Open Meetings. 

1. Unless otherwise determined in advance, all Board meetings shall be open to the 

public.

2. Notices of meetings will be published in the Federal Register at least fifteen (15) 

days in advance.

3. Members of the public may attend any meeting or portion of a meeting that is not 

closed to the public and may submit written statements. The Chair may decide in 

advance to include oral public comment during a meeting, in which case the meeting 

announcement published in the Federal Register will note that oral comment from 

the public will be included.

4. All materials brought before, or presented to, the Board during the conduct of an 

open meeting, including, but not limited to, the minutes of the proceedings of the 

previous open meeting, will be available to the public for review or copying at the 

time of the scheduled meeting.

5. Minutes of open meetings shall be available to the public upon request.

6. Once an open meeting has begun, it will not be closed to the public unless prior 

approval of the closure has been obtained and proper notice of the closed meeting 

has been given to the public.

7. If, during the course of an open meeting, matters inappropriate for public disclosure 

arise during discussions, the Chair will order such discussion to cease and will 

schedule it for a closed meeting.

L. Closed Sessions.9

9 Article VI, Section L was amended on May 16, 2022 at the Virtual Board of Advisors meeting. 

1. Sessions will be closed to the public only in limited circumstances and in 

accordance with applicable law. The Board must obtain prior approval of the DFO 

to conduct a closed session. Requests for closed sessions must be submitted by the 

DFO to EAC's Office of General Counsel a minimum of thirty (30) days in advance 

of the proposed closed session.

2. Where the DFO, in conjunction with the Office of General Counsel, has determined 

in advance that discussions during a Board meeting will involve matters about 

which public disclosure would be harmful to the interests of the government, or the 

public, an advance notice of a closed session, citing the applicable exemptions of the 

Government in the Sunshine Act (GISA), shall be published in the Federal Register 

at least fifteen (15) days in advance. The notice may announce the closing of all or 

just part of a meeting.

3. Minutes of closed sessions are not available to the public, and as a result, not subject 

to the Freedom of Information Act (FOIA).

M. Minutes.

1. The DFO shall assure that detailed minutes of each meeting are prepared and 

distributed to Board members with in sixty (60) days of the meeting for which the 

minutes were recorded.

2. Meeting minutes shall include the following: (1) time, (2) date, (3) location, (4) 

record of persons present, including the names of Board members, EAC 
Page 6 of 8

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting -This version supersedes all previous 

versions.

Commissioners and staff, and the names of members of the public making written or 

oral presentations, (5) a complete and accurate description of the matters discussed 

and conclusions reached, and (6) copies of all reports received, issued, or approved 

by the Board.

3. Meeting minutes are considered part of the official government record.

Article VII: Quorum and Proxy Voting

A. A Quorum shall exist when fifty (50) percent plus one (1) of the members currently serving 

on the Board are present for a meeting as determined by a roll call or quorum call.

B. Proxy designations must be submitted in writing or by email to the Chair.10

10 Article VII, Section B was amended on May 16, 2022 at the Virtual Board of Advisors meeting. 

C. Proxy votes may only be cast by members of the Board if the proxy designations identifying 

the Board member who is authorized to cast the proxy votes has been filed in advance with

the Chair, in writing or by email. The Chair shall communicate proxy designations to the 

Secretary. Prior to any vote of the Board, the secretary shall announce the designated proxy 

voters.11

11 Article VII, Section C was amended on May 16, 2022 at the Virtual Board of Advisors meeting. 

D. The Chair shall appoint a Special Committee called the Proxy Committee to verify 

eligibility of proxy votes.

E. Proxy votes shall be accepted for all Board votes. 

Article VIII: Committees

A. Meetings.

1. All committees may meet informally at any time for the purpose of conducting their 

business.

2. Committee meetings may take place telephonically, or through electronic media, as 

permitted by law.

B. Standing Committees.

1. Bylaws Committee.

a. The Secretary shall serve as Chair of the Bylaws Committee.

b. The Bylaws Committee shall be comprised of not less than three (3) 

members and no more than five (5) members, including the Secretary.

c. All proposed bylaws amendments presented to the Board shall be referred 

to the Bylaws Committee for consideration; and be reported at the meeting 

immediately following submission of proposed bylaws amendments.

2. Voluntary Voting System Guidelines Committee.12

12 Article VIII, Section B(2) was amended on April 25, 2023 at the D.C. Board of Advisors meeting.

a. The Chair of the Board shall appoint the Chair of the Voluntary Voting 

System Guidelines Committee.

b. The Committee shall be comprised of no more than eleven (11) members.

c. At least one (1) member, excluding the Chair of the Voluntary Voting 

System Guidelines Committee, shall represent a disability advocacy group.
Page 7 of 8

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting -This version supersedes all previous 

versions.

d. At least one (1) member, excluding the Chair of the Voluntary Voting 

System Guidelines, shall represent each of the following:

i. National Association of Secretaries of State (NASS);

ii. National Association of State Election Directors (NASED);

iii.International Association of Government Officials (iGO).

iv.The Election Center.

e. The Chair Shall appoint the remaining Members of the Committee and these 

Members shall include at least one Member with technical expertise and 

experience in the areas listed in this subsection if there is at least one such 

Member willing to serve. The Chair may appoint a Member to represent 

more than one of these areas if that Member has the relevant expertise and 

experience. The areas of technical expertise and experience include:

i. Accessibility and usability 

ii. Election law, including voting rights and voter 

enfranchisement 

iii. Cybersecurity

iv. Election verification and election audits

v. Election technology

C. Ad Hoc Committees.

1. As necessary, the Chair of the Board shall appoint Board members to ad hoc

committees for ongoing or recurring specific purposes.

2. Ad hoc committees must be established by the Chair. Existence of an ad hoc 

committee beyond one year must be approved by majority vote of the Board 

members.

3. Any Board member may recommend the establishment of an ad hoc committee.

D. Special Committees.13

13 Article VIII, Section D was amended on April 25, 2023 at the D.C. Board of Advisors meeting.

1. As necessary, the Chair of the Board shall appoint Board members to special 

committees for limited purposes.

a. The Chair of the Board shall state the special committee's limited purpose, 

scope, and duration at its inception.

b. The Chair of the Board shall appoint three (3) Board members to a special 

Election Certification Committee on the first day of a Board meeting at which 

an Officer election is scheduled to take place. The special Election Certification 

Committee shall tabulate and certify all officer election results as required in 

these Bylaws.

c. The Chair of the Board shall appoint four (4) Board members in addition to the 

Chair-Elect to a Resolutions Committee on the first day of a Board meeting if it 

appears likely that the Board will present and/or adopt resolutions. The ChairElect shall serve as Chair of the Resolutions Committee. The Resolutions 

Committee shall approve all resolutions as to form before they are considered 

by the Board.
Page 8 of 8

EAC Board of Advisors Bylaws, adopted June 18, 2008; EAC Board of Advisors re-adopted April 13, 

2015; Revised Bylaws adopted on May 5, 2016 at Chicago Board of Advisors Meeting; Revised Bylaws 

adopted on May 16, 2022 at Virtual Board of Advisors Meeting -This version supersedes all previous 

versions.

d. The Chair of the Board shall appoint three (3) Board members to a Proxy 

Committee on the first day of a Board meeting at which voting is scheduled to 

take place. The Proxy Committee shall review and certify all proxy votes as 

required in these Bylaws.

e. Other special committees as the Chair may deem necessary.

Article IX: Amendments

A. The bylaws may be amended based on a 2/3 vote of the members present in person and by 

proxy and voting at any Board meeting.

B. All proposed bylaw changes must be submitted to the DFO thirty (30) days prior to a 

meeting. The DFO shall subsequently transmit proposed bylaws changes to the Bylaws 

Committee for consideration.14

14 Article IX, Section B was amended on May 16, 2022 at the Virtual Board of Advisors meeting.

C. The Bylaws Committee shall submit proposed bylaws amendments to the Board no later 

than thirty (30) days prior to a meeting.

Article X: Expenses and Reimbursement

A. Expenses related to Board operations will be borne by the EAC.

B. Expenditures of any kind must be approved in advance by the DFO.

C. Board members shall not receive any compensation for their services, but shall be paid 

travel expenses, including per diem in lieu of subsistence, at rates authorized for employees 

of federal agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in performance of their services for the 

Board. 

Article XI: Parliamentary Authority

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall 

govern Board activities in all cases to which they are applicable and in which they are not 

inconsistent with these bylaws and any special rules of order the Board may adopt.

Article XII: Effective Date

These Bylaws are effective upon adoption by the Board.

These Bylaws were amended at the May 4-5, 2016, Chicago, IL Board of Advisors meeting, amended at 

the May 16, 2022, Virtual Board of Advisors meeting, and subsequently amended at the April 25, 2023, 

D.C. Board of Advisors meeting.