Court rejects Trump administration’s election conditions on anti-terrorism funding

For immediate release: September 28, 2026
Media contact: Jackie Jena, jackie@publicrightsproject.org

WASHINGTON — A federal court today blocked the Trump administration from using public safety funding as leverage to fundamentally alter how states and local governments run elections.

The U.S. District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) unlawfully tried to withhold tens of millions of dollars in anti-terrorism funding unless local governments adopted certain election rules. The six plaintiffs — Columbus, Ohio; the Metropolitan Government of Nashville and Davidson County, Tennessee; and El Paso County, Harris County, Travis County and Dallas County, Texas — are represented by Public Rights Project, the Brennan Center for Justice, Jacobson Lawyers Group and county counsel.

“Today’s ruling protects local governments’ authority to run their own elections,” said Toby Merrill, litigation director for Public Rights Project. “The decision also makes clear that the federal government can’t hold critical public safety funding hostage to force election policy changes. These funds exist to keep communities safe. We’re proud to stand with cities and counties protecting both their residents and their ability to administer safe and secure elections.”

The court’s decision comes weeks before the midterm elections. It ensures that local governments can continue to access essential public safety funding — used to train first responders and bolster counterterrorism efforts — without being forced to overhaul already-secure elections and adopt policies that the administration has tried and failed to impose through executive orders and stalled legislation.

“Nashville knows how to run secure elections, and we don’t need Washington dictating the terms in exchange for the public safety funding our residents depend on,” said Tyler Yarbro, Metropolitan Government of Nashville and Davidson County director of law. “Today’s ruling demonstrates the necessity of the checks and balances the Trump administration is actively trying to eliminate.”

“Today’s win is the result of cities and counties standing together against blatant federal overreach that jeopardized public safety,” said Harris County Attorney Abbie Kamin. “The court agreed that holding public safety funding hostage to force the president’s agenda is dangerous and illegal. Under our laws, states and localities control our elections, and today’s ruling reaffirms that.”

The ruling vacates election administration conditions FEMA imposed on the Homeland Security Grant Program (HSGP) funds, including a shift away from voting machines, a 5% manual audit of paper ballots and use of DHS’s error-filled Systematic Alien Verification for Entitlements (SAVE) system.

“Thanks to the court’s decision, Columbus’s law enforcement agencies will now see this funding with no political strings attached, as Congress intended,” said Columbus City Attorney Zach Klein. “The Trump administration never had the authority to hold public safety dollars hostage, and this ruling makes clear that these funds belong in our communities — not behind a political litmus test.”

The local governments sued DHS and FEMA last month, arguing the agencies had no authority to tie anti-terrorism funding to election requirements and warning these new mandates would be costly, impractical and unlawful.

“El Paso County has run elections responsibly for decades,” said El Paso County Attorney Christina Sanchez. “Conditioning our counterterrorism funding on an unproven citizenship-verification system was reckless and today’s ruling stops this gross abuse of power in its tracks.”

The Trump administration’s attempt to hold HSGP federal funds hostage marked the latest tactic in its coordinated effort to give the federal government influence in state-run elections. With the 2026 midterms only weeks away, the court’s ruling makes clear that such interference violates federal law and the Constitution. 

“Once again, the courts have made it clear: the federal government cannot trample the law or the Constitution to strongarm cities, counties and states, including through the withholding of funds that communities are owed,” said Travis County Attorney Delia Garza. “We will continue to defend local jurisdictions’ right to run their own elections and hold this administration accountable at every turn.”

“Dallas County’s number one priority is the safety of our residents,” said Dallas County Attorney John Creuzot. “We rely on HSGP funding to provide the training and equipment necessary for our law enforcement and emergency rapid response teams. The federal government has no right to threaten the public safety or election authority of our county. Today’s decision brings with it a collective sigh of relief among local leaders and residents.”

Read the court’s order here.

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