U.S. District Judge Amir Ali of Washington ruled Monday that the Federal Emergency Management Agency may not condition $1.1 billion in counterterrorism grants on changes to how states and counties run elections, Reuters reported. FEMA's June rule demanded hand-marked paper ballots in place of electronic systems, manual audits of at least 5 percent of ballots, and checks of voter rolls against a Homeland Security citizenship database. "Congress did not authorize the grant program to be used for the sort of election administration reforms FEMA demands here," Ali wrote.
Who sets the rules for the ballot you cast on Nov. 3, and what a federal agency may attach to public-safety money, now has a court's first answer.
The ruling lands in a wider fight over who runs American elections. The Justice Department has sued states that refused to turn over their voter rolls. Homeland Security Secretary Markwayne Mullin tied the grant conditions to protecting election systems from foreign interference, Reuters reported. Under the Constitution's Elections Clause, states set the times, places and manner of federal elections, and Congress may change those rules. The case asks whether an agency can reach the same place through a grant.
- FEMA would have withheld 20 percent of grants from jurisdictions that refused.
- The rule also required citizenship checks of poll workers, administrators and vendors.
- Localities would have paid for the changes themselves, UPI reported.
The plaintiffs are Harris and El Paso counties in Texas, Nashville and Davidson County in Tennessee, and Columbus, Ohio, backed by the Brennan Center for Justice. A separate challenge by Democratic-led states is still pending. On the other side stand FEMA, Homeland Security and Mullin. Affected are county election offices that use barcode ballots, the agencies the grants pay for, and their voters.
Disputedwhether federal counterterrorism money may carry election-administration conditions, and whether those conditions are security measures or voting restrictions.
The FramingsAdministration framing (Mullin, Homeland Security) presents the conditions as protection for election systems against foreign interference, a fitting use of homeland-security money. Local-government framing (Harris County Attorney Abbie Kamin) presents grants held back to push the president's agenda, a move she called "dangerous and illegal." Voting-access framing (Democracy Docket) presents the rule as new voting restrictions imposed through a grant program. Judicial-overreach framing (The Gateway Pundit) presents a "Biden-appointed" judge blocking what it calls election security requirements.
The RecordThe conditions are in FEMA's June rule. The reasoning is in Ali's opinion, which Reuters and UPI quoted. The statute, he wrote, does not let FEMA hold back grants until states meet policy goals "on their own dime." Confidence that the court blocked the conditions for these plaintiffs: certain. Confidence the ruling holds on appeal: medium.
What to watch: A ruling in the Democratic-led states' separate suit. Whether Homeland Security appeals to the D.C. Circuit before the Nov. 3 election.
Sources: Reuters, UPI, U.S. Department of Justice (voter-roll lawsuit announcements)
