States Sue FEMA and DHS Over Election Grant Conditions
North Carolina, Virginia, and 24 other states sued FEMA and DHS for threatening to withhold $1 billion in emergency funding over election policy mandates.
A coalition of 26 states, the District of Columbia, and the governors of Kentucky and Pennsylvania filed a lawsuit in Rhode Island against the Federal Emergency Management Agency (FEMA) and the U.S. Department of Homeland Security. The plaintiffs allege the federal government is unlawfully threatening to withhold over $1 billion in Homeland Security and disaster-response grants—including at least 20% of the Homeland Security Grant Program—unless states adopt specific Trump administration policies on immigration and election administration.
Jeff Jackson, Attorney General of North Carolina, and Virginia Attorney General Jay Jones lead the challenge, arguing that the conditions violate the Administrative Procedure Act and the U.S. Constitution's Spending Clause. The disputed mandates require states to conduct post-election audits, verify voter citizenship through the SAVE database, and transition to hand-marked paper ballot equipment. Jackson noted that these requirements would force several North Carolina counties to spend millions replacing certified voting equipment.
State officials characterized the federal actions as an attempt to use critical emergency and counterterrorism funding as a bargaining chip for a partisan agenda. The lawsuit asserts that FEMA lacks the legal authority to dictate state election processes and that threatening first responders' funding is an unconstitutional overreach.