Judge rules FEMA exceeded statutory authority with election-conditioned grants

Counterterrorism grants typically total $1 billion to $2 billion annually

U.S. District Court Judge Amir Ali ruled Monday that FEMA exceeded its statutory authority when it conditioned counterterrorism grant funds on changes to local election administration. The ruling came in response to a lawsuit filed by counties in Texas and Tennessee and the city of Columbus, Ohio, challenging a FEMA rule issued in June.

“The statute does NOT authorize FEMA to withhold counterterrorism grants until states and high-risk urban areas achieve policy objectives on their own dime,” Ali wrote. He also said FEMA did not show how the election changes related to anti-terrorism measures. The court’s ruling rested on its interpretation of the relevant statute.

In June, FEMA announced it would withhold 20% of counterterrorism grant funds from state and local governments that did not commit to using a federal database to verify voter citizenship and to make other changes to election administration. The counterterrorism grants typically total $1 billion to $2 billion annually.

The Brennan Center for Justice filed the lawsuit in August on behalf of the communities, arguing that the conditions “violate the Constitution, jeopardize public safety and put election security at risk.”

The rule would have required jurisdictions to submit plans to switch from electronic voting systems using QR or bar codes to paper ballots and to verify voter citizenship through a registration database. It also would have required verification of the citizenship of poll workers, election administrators, and election-system vendors. All the changes would have been paid for by the states and municipalities themselves.

Abbie Kamin, the county attorney for Harris County, Texas, said in a statement: “Today’s win is the result of cities and counties standing together against blatant federal overreach that jeopardized public safety.”

“The court agreed that holding public safety funding hostage to force the president’s agenda is dangerous and illegal,” Kamin said. “Under our laws, states and localities control our elections, and today’s ruling reaffirms that.”

FEMA is part of the Department of Homeland Security. U.S. President Donald Trump has repeatedly and without evidence said that U.S. elections are riddled with fraud and pursued changes he says will combat the alleged fraud.