Judge blocks FEMA from conditioning counterterrorism grants on election changes

On Sept. 28, 2026, U.S. District Judge Amir Ali in Washington, D.C., vacated a FEMA rule issued in June 2026 that conditioned counterterrorism grant funds on state and local election-administration changes. The rule put 20% of Homeland Security Grant Program funding at risk for noncompliant jurisdictions. Harris and El Paso Counties in Texas, Nashville and Davidson County in Tennessee, and Columbus, Ohio, had sued FEMA and DHS in August 2026. Ali held FEMA exceeded its authority "by conditioning the counterterrorism grant funds on changes to routine election administration," writing that conditions imposed at jurisdictions' own expense on routine election decisions rather than terrorist threats the statute contemplated go beyond what Congress authorized, and that FEMA never explained how they tied to shoring up vulnerabilities to terrorist attacks. Required steps included a transition plan from barcode or QR-code systems to hand-marked paper ballots, a 5% post-election manual audit under federal guidelines, reconciling voters with ballots cast, and verifying citizenship of voters via the SAVE database plus checks on poll workers, administrators, and vendors. The Brennan Center for Justice, representing some plaintiffs, said Aug. 17 the conditions "violate the Constitution, jeopardize public safety, and put election security at risk" and that DHS was holding public safety funding hostage. Democracy Docket reported the program totals $1 billion; the Brennan Center said funds at stake totaled tens of millions of dollars. The ruling followed a Supreme Court stay of a lower-court SAVE decision.