Partisan Discrimination at the Election Assistance Commission

So you’ve found the right candidate for the job. He’s got a long history of exemplary service, familiarity with the subject matter that the position is responsible for, and would be an excellent addition to your office. There’s only one problem, he’s a Republican.

Sadly this isn’t a hypothetical, it actually occurred in a federal agency that was created to provide advice on fair and proper election procedures. The Election Assistance Commission (EAC) was created by Congress in 2002. The EAC’s purpose was to distribute grants and provide states advice on election practices. It took six years for partisanship to rear its ugly head and result in unfair discrimination against a job applicant.

In 2008 the EAC found itself in need of a General Counsel. An eminently qualified attorney applied for the position and was in fact selected for the office. Two EAC Commissioners then started looking into the candidate’s politics, and found that he was a Republican. These Commissioners then refused to approve his appointment. It’s pretty clear that Gracia Hillman was one of the Commissioners at fault. Gracia Hillman continues to serve on the EAC.

With certain narrow exceptions, the federal government has a merit hiring system which requires applicants be judged solely on their qualifications not their political preferences. The Commissioners who chose to disregard this practice did so to engage in overtly partisan politics.

A complaint was filed with the Office of the Special Counsel. After a thorough investigation the OSC announced that it “uncovered evidence indicating that the EAC illegally refused to approve the complainant’s appointment because he was a Republican.”

While the OSC was investigating this unlawful discrimination, “the EAC agreed to provide the complainant a substantial monetary settlement to resolve the issues that were the subject of his complaint.” However bureaucracies, even those newly formed, protect themselves and the EAC refused to admit fault.

This is reprehensible conduct for a government agency, especially one that focuses on our nation’s electoral system. Representative Dan Lungren of California gets it right when he states:

“This is a blatantly political and, therefore, apparently illegal case of political hiring in a government agency. The EAC’s refusal to hire the best candidate for the job, solely because he was a Republican, has left the agency without a general counsel for more than a year and now it is going to hit taxpayers who are already hurting. Gracia Hillman should resign from the EAC for bringing partisan politics into an agency that is supposed to promote fair elections.”