Four local governments have sued the US Department of Homeland Security over new election-related conditions attached to federal homeland security grants, the latest challenge to requirements that have already raised concerns in Maryland.
Harris and El Paso Counties in Texas, Nashville and Davidson County in Tennessee, and Columbus, Ohio, filed the lawsuit on August 17 in the US District Court for the District of Columbia.
The local governments argue DHS and the Federal Emergency Management Agency (FEMA) cannot use counterterrorism funding to force changes in how states and local governments administer elections.
The dispute centers on the $1 billion Homeland Security Grant Program (HSGP). FEMA’s fiscal 2026 requirements call for changes that include hand-marked paper ballots, manual audits of at least 5% of ballots cast in federal elections, reconciliation of voters and ballots, and use of the federal SAVE system for citizenship verification. FEMA can withhold 20% of an award for noncompliance and has indicated that an entire award could be at risk.
The lawsuit argues Congress created the program to help state and local governments protect against terrorism and other security threats, not regulate elections. The plaintiffs also warn that the requirements could force costly election changes just months before the midterms.
Federal Requirements Already Raising Concerns in Maryland
As previously covered on Conduit Street, the Maryland Department of Emergency Management (MDEM) alerted local partners this summer to federal funding holds affecting portions of fiscal 2025 and 2026 homeland security grants while Maryland reviewed the new election and border security requirements.
Maryland already uses paper ballots, and the State Board of Elections and local boards conduct risk-limiting audits that combine statistical methods with hand-counted ballot samples. Still, the federal requirements go beyond those existing practices and tie election administration directly to funding for emergency management, cybersecurity, law enforcement, and other preparedness work.
The lawsuit asks the court to block DHS and FEMA from enforcing the election conditions. For Maryland counties, the case could determine whether those requirements remain attached to federal homeland security funding and what happens to funding currently caught up in the dispute.
The case also adds to broader uncertainty surrounding federal emergency management policy and funding. In recent months, MACo has covered FEMA disaster declaration denials, the FEMA Review Council’s recommendations to shift more responsibility to states and local governments, changes to federal preparedness funding, and congressional efforts to reshape the agency’s future.
Stay tuned to Conduit Street for more information.
