On September 28, 2026, U.S. District Judge Amir Ali vacated a rule from the Trump administration that would have conditioned federal counterterrorism funding on states making specific changes to their election processes.
The ruling came in response to a lawsuit from two Texas counties, a Tennessee county, and Columbus, Ohio, which argued that the Federal Emergency Management Agency (FEMA) overstepped its authority. Judge Ali stated that FEMA failed to demonstrate how the proposed election changes were related to counterterrorism efforts.
The changes mandated by FEMA included transitioning to hand-marked paper ballots, conducting post-election audits, and verifying voter citizenship. The Brennan Center for Justice, which supported the plaintiffs, argued that these conditions jeopardized public safety and election security.
The judge's decision underscores the ongoing legal challenges against federal attempts to influence state election administration, particularly in urban areas that predominantly vote Democratic. The potential withholding of tens of millions of dollars in funding was a significant concern for the affected states and municipalities