Federal judge rules FEMA cannot condition emergency funds on states changing election practices
ELECTIONS

Federal judge rules FEMA cannot condition emergency funds on states changing election practices

Sep 29, 2026Updated 12:39pm ET

A federal judge blocked FEMA from withholding up to 20% of counterterrorism grant money to push states and local governments to adopt specific election administration and security changes.

A federal judge blocked FEMA from withholding up to 20% of counterterrorism grant money to push states and local governments to adopt specific election administration and security changes.

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What This is

  • A federal judge ruled FEMA cannot tie counterterrorism grant funding to states adopting new election-administration requirements.
  • The blocked policy would have withheld about 20% of counterterrorism grant awards from jurisdictions that did not comply.
  • The judge said the agencies lacked clear authority from Congress to impose these election-related conditions on the grants.
  • The ruling also found the election conditions were not closely related to the purpose of the counterterrorism grants.
  • The disputed requirements included verifying voter citizenship and setting mandatory audits and other election plans set by the federal government.
  • The guidance also pushed some jurisdictions to move from certain electronic systems to hand-marked paper ballots.

Why This Matters

  • The decision reinforces that Congress, not agencies, must clearly authorize major new conditions attached to federal funding.
  • It shapes how much national influence Washington can exert over election security through grant programs that were created for other purposes.
  • It affects local budgeting because cities and states often count on counterterrorism grants for public-safety planning.

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