52 U.S.C. § 20928

Requiring majority approval for actions

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Any action which the Commission is authorized to carry out under this chapter may be carried out only with the approval of at least three of its members.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2014–2026 · leading case: Kobach v. United States Election Assistance Comm'n, 772 F.3d 1183 (10th Cir. 2014).

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Kobach v. United States Election Assistance Comm'n, 772 F.3d 1183 (10th Cir. 2014). “Kobach and Bennett argue that 52 U.S.C. § 20928’s requirement that “[a]ny action which the Commission is authorized to carry out under this chapter may be carried out only with the approval of at least three of its members” renders the Executive Director’s decision ultra vires…”

League of Women Voters of the United States v. Newby, 195 F. Supp. 3d 80 (D.D.C. 2016). “” 52 U.S.C. § 20928 . As the EAC's authority over the Federal Form derives from a different chapter of the Code—Chapter 205—the codified version could cause one to conclude the three-vote requirement does not apply when the EAC is exercising its authority over the Federal Form.”

League of Women Voters of the United States v. Newby, 238 F. Supp. 3d 6 (D.D.C. 2017). · cites it 2× “” 52 U.S.C. § 20928 . The NVRA, the HAVA, and the associated regulations do not, however, set forth a particular process for EAC review of States’ requests to modify their respective state-specific instructions on the Federal Form.”

League of United Latin Am. Citizens v. Exec. Off. of the President (D.D.C. 2025). · cites it 5× “” 52 U.S.C. § 20928 . In practice, this requirement ensures that the EAC may only take actions that have bipartisan support.”

League of United Latin Am. Citizens v. Exec. Off. of the President (D.D.C. 2025). · cites it 3× “” 52 U.S.C. § 20928 . In practice, this requirement ensures that the EAC may only take actions that have bipartisan support.”

League of United Latin Am. Citizens v. Exec. Off. of the President (D.D.C. 2026). · cites it 3× “” 52 U.S.C. § 20928 . In practice, this requirement ensures that the EAC may only take actions under this chapter that have bipartisan support.”

League of Women Voters of the United States v. Newby (D.D.C. 2021). “#133] at 8-18; see also 52 U.S.C. § 20928 (requiring the votes of three Commissioners for any action by the EAC).”

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