Local Governments Sue DHS Over Election-Linked Grant Funding

The Federal Emergency Management Agency (FEMA) and the U.S. Department of Homeland Security are facing a federal lawsuit filed in the U.S. District Court for the District of Columbia by El Paso and Harris counties in Texas, the Metropolitan Government of Nashville and Davidson County in Tennessee, and the city of Columbus, Ohio. The plaintiffs challenge a June policy from the Trump administration that conditions 20 percent of Homeland Security Grant Program funding—approximately $200 million nationally—on the adoption of new election security mandates.

These requirements include transitioning to hand-marked paper ballots, conducting manual audits of at least 5 percent of ballots, and utilizing the Systematic Alien Verification for Entitlements (SAVE) system to verify the citizenship of voters and poll workers. The suing jurisdictions argue that FEMA lacks the legal authority to dictate election procedures and that the policy violates the Administrative Procedure Act and the Constitution's separation of powers. They further claim the mandates are costly and burdensome, potentially jeopardizing public safety by diverting anti-terrorism funds.

Specific impacts include El Paso County risking $1.75 million for law enforcement and Nashville claiming the loss of $3.8 million in Urban Area Security Initiative funding would prevent the purchase of SWAT vehicles and bomb squad gear. FEMA has defended the measures as common-sense steps necessary to protect national security and election integrity, stating that partisan opposition to these requirements was expected.