Article by Susan Greenhalgh, Reposted from Democracy Docket Posted Nov. 4, 2025
On the eve of the federal government shutdown, the U.S. Election Help Fee (EAC) quietly posted a press launch to its web site. Whereas the announcement didn’t spark a lot discover, it might end in extreme penalties for future elections.
And it’s inflicting concern that the fee — a bipartisan physique whose mission is to assist states administer elections extra successfully — is taking its orders from President Donald Trump. That sort of partisanship and capitulation might pose a critical risk to the midterms.
The press launch stated the EAC met with the voting system producers to provoke a proper assessment of apparatus working industrial software program that has reached “end-of-life” for “potential decommissioning.” The bipartisan quartet of commissioners included a press release boasting that “[r]emoving methods from energetic certification” would enhance the sustainability of election expertise. In different phrases, the EAC is taking steps to decertify election gear that makes use of outdated software program that now not receives safety updates.
The transfer comes after Trump issued an government order in March that directed the EAC to take a number of actions, together with doubtlessly decertifying voting methods that use QR or barcodes to report and rely votes, however the order stated nothing about methods with outdated software program. The EO brought on panic amongst election officers and stakeholders.
At an occasion final week held by the America First Coverage Institute, a think-tank based to advance Trump’s agenda, EAC Commissioner Christie McCormick admitted that the fee’s effort was initiated “in accordance with the president’s order.”
Within the wake of Trump’s order earlier this 12 months, at a number of conferences with its advisory boards, the EAC commissioners assured fearful election officers that the EAC wouldn’t decertify any voting methods. Now, it seems to have reversed course. In concept, addressing outdated software program is a sound and much-needed coverage, and doubtless one thing most of us assumed the EAC would already be doing. However the EAC has actively uncared for this matter for many years, so there are causes to ask why the company is lastly addressing this vital safety hole now, and the way decertification of voting methods might have an effect on the 2026 election.
Little or no is understood in regards to the EAC’s plan as a result of it didn’t make the assembly public, publish the assembly minutes or present any additional details about this new initiative. (And if a quorum of commissioners was current, the assembly seemingly violated the Sunshine Act, which requires federal company conferences to be introduced and open to the general public.)
We do know that, if the EAC goals to decertify election gear earlier than November 2026, it might trigger chaos for numerous jurisdictions. This would come with the complete state of Georgia, a number of counties throughout Pennsylvania, North Carolina, Texas, and plenty of different states. It might additionally trigger repercussions for states that don’t require federal certification, however are utilizing EAC-certified gear with outdated software program, equivalent to the complete state of Maine.
That the EAC privately met with the distributors to debate its plan is troubling sufficient. The EAC’s sudden consideration to end-of-life (EoL) software program, in gentle of its previous actions, triggers much more alarms.
For the reason that EAC launched the federal testing and certification program in 2006, pc scientists and election safety advocates have warned that industrial software program, like working methods, will age out and the EAC ought to undertake insurance policies to trigger the distributors to transition to newer software program. The EAC ignored these suggestions for greater than a decade.
In 2019, a couple of years after the revelations that Russian intelligence had probed U.S. election infrastructure searching for vulnerabilities, the Related Press revealed a narrative that went viral: “Unique: Outdated software program makes even new election methods weak to hackers.” Within the face of nationwide embarrassment, the EAC held a public assembly with the voting system distributors to point out that it was taking motion. Due to the complexities of voting system certification, an efficient coverage would require an knowledgeable and regarded strategy. The assembly was an inexpensive first step. At the moment, the EAC determined that decertification was not on the desk. In response to questions from the Committee on Home Administration, the EAC asserted that it didn’t have “grounds to decertify” any methods working outdated software program.
There was quite a lot of concern that Trump will attempt to direct coverage on the EAC to disrupt or undermine elections.
As soon as it was out of the headlines, the EAC dropped the problem. In consequence, no plan of action was adopted and immediately there are federally licensed voting methods in use which might be working Home windows 7, Microsoft Server 2008, Home windows 10, and different outdated software program.
Operating election gear on outdated, unpatched software program is opposite to pc safety greatest practices and is definitely not advisable. The failure by the EAC to implement a plan to cope with EoL is emblematic of the EAC and voting system distributors’ lax and sloppy strategy to cybersecurity, however it isn’t a motive to abruptly decertify these methods. It’s good that the EAC is lastly addressing this, however it ought to be performed via a considerate, intentional and deliberate coverage.
That’s why the EAC’s sudden consideration to EoL software program and statements about eradicating energetic certification are so regarding. Why is the EAC dashing to handle this now, after ignoring it for therefore lengthy? Why isn’t the Fee first growing necessities within the present testing and certification program to trigger distributors to replace methods in a well timed means, earlier than it contemplates decertification? Why is the EAC reversing its earlier stance that dominated out decertification?
Election officers and the general public are rightly fearful in regards to the potential politicization of the EAC and different entities that oversee elections. There was quite a lot of concern that Trump will attempt to direct coverage on the EAC to disrupt or undermine elections. The media lined Trump’s government order extensively, and it drew a strong response and a number of lawsuits difficult its legality, slowing down any motion that the EAC would possibly take. In distinction, the discover about doubtlessly decertifying methods with outdated software program hasn’t even brought on a ripple.
The election group must take discover and demand solutions. To foster confidence within the course of and quell any issues, the EAC should make public any minutes, recordings, or supplies generated from the assembly it held with the distributors. It ought to instantly maintain a number of conferences to transient its advisory committees and election officers about its proposals. It ought to solicit suggestions from directors, technical consultants, and stakeholders. Congress ought to train oversight and demand solutions.
Addressing outdated software program is lengthy overdue, however it have to be performed publicly, transparently, and thoughtfully, so that it’ll not disrupt upcoming elections.
Nothing lower than full transparency is critical.
