Federal Judge Blocks FEMA From Imposing Election Rules On Counterterrorism Grants

A federal judge blocked the Trump administration from conditioning counterterrorism grants on changes to state and local election administration, ruling that FEMA lacked congressional authority to impose the requirements and had not shown their connection to preventing terrorism. The rule would have put 20% of the Homeland Security Grant Program’s funding at risk unless jurisdictions adopted election-related conditions, including changes to voter-registration checks, voting equipment, audits and ballot procedures. The decision favored local governments in Tennessee, Texas and Ohio, which argued that the grants were created to address security threats, not to control election rules. The plaintiffs and voting-rights advocates said the conditions could undermine election security and improperly pressure jurisdictions to adopt costly policies.
The lawsuit was brought by Nashville and Davidson County, Tennessee; Harris and El Paso Counties, Texas; and Columbus, Ohio.
One required condition would have made states run their full voter-registration records through a DHS immigration database; the complaint also identified citizenship checks for election workers among the requirements.
The Homeland Security Grant Program distributes funding under a statutory formula based on jurisdictions’ vulnerability to terrorist attacks, according to the local governments’ complaint.
Judge Ali said FEMA could fund projects proposed by states and high-risk urban areas, but lacked authority to require reforms that jurisdictions would have to pay for themselves.
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