A federal judge ruled on Monday, Sept. 28, 2026, that the Trump administration may not condition anti-terrorism grants on state and local governments’ adoption of specific election security measures. Judge Amir Ali of the U.S. District Court for the District of Columbia sided with a coalition of local governments that sued the Department of Homeland Security (DHS) after the agency announced it would withhold 20% of grant funds from those that did not comply with new mandates. The ruling found that Congress did not authorize the use of the grant program to force election administration changes.
The legal challenge was brought by cities and counties including Harris County, Dallas County, El Paso County, and Travis County in Texas; Columbus, Ohio; and Nashville, Tennessee. The plaintiffs argued that DHS and the Federal Emergency Management Agency (FEMA) lacked the legal authority to link public safety dollars to election rules. The requirements announced earlier this year by DHS Secretary Markwayne Mullin would have required local governments to audit at least 5% of ballots cast, use voting systems that accept hand-marked ballots, and compare voter rolls against the Systematic Alien Verification for Entitlements (SAVE) database.
In his opinion, Judge Ali stated that while the proposed changes might be debated as policy, they were not advanced to prepare for or respond to "acts of terrorism" as defined by the statute governing the grants. He noted the law allows FEMA to fund projects proposed by states but does not grant the agency power to induce jurisdictions to carry out the federal government's preferred projects at their own expense. The Department of Justice, representing the government, declined to comment on the ruling, while DHS did not immediately respond to requests for comment.
The change for voters in the affected jurisdictions is that their current election procedures will remain in place for the upcoming midterm elections without the imposition of federal mandates for manual audits or database cross-references. Because the judge vacated the conditions, local election officials in the named cities and counties in Texas, Ohio, and Tennessee will not be required to manually audit 5% of ballots or implement the SAVE system as a condition for receiving their public safety grants.
The decision finds that the executive branch cannot use congressionally authorized public safety funds to influence election policy. While the ruling provides relief for the plaintiffs, the Department of Justice has the option to file an appeal. If the administration appeals, the case could move to a higher court. The midterm elections are scheduled for November 2026.