By Marc Levy
HARRISBURG, Pa. (AP) — A federal judge on Monday blocked the authority of President Donald Trump’s administration to withhold some federal counterterrorism funding from states that don’t meet its election administration demands.
Courts have largely rejected the administration’s previous efforts, which reflect untrue claims about widespread voting fraud and come ahead of November’s midterm elections where Democrats seek to take control of one or both chambers of Congress and check Trump’s power.
U.S. District Judge Amir Ali in Washington, D.C., wrote in a 24-page opinion that federal agencies didn’t have the authority from Congress to add such conditions to the grants, and that the conditions didn’t meet legal thresholds requiring them to relate to the underlying grant purpose.
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Neither the Department of Homeland Security nor its subagency handling the grants, the Federal Emergency Management Agency, immediately responded to a request for comment. The grant conditions were the latest in a line of actions by Trump’s administration to shape how elections are run, a task that has long been the job of states.
The plaintiffs that sued were Columbus, Ohio; Nashville and Davidson County, Tennessee; and El Paso and Harris counties in Texas, joined by two other Texas counties, Dallas and Travis.
They declared victory and said what the Trump administration had sought was a gross abuse of power.
“The end result is exactly what we wanted,” said Tyler Chance Yarbro, the director of law for Nashville and Davidson County.
A Harris County commissioner, Lesley Briones, accused the Trump administration of using the safety and security of communities as a “bargaining chip for partisan politics.”
Twenty-five state attorneys general or governors filed a similar lawsuit.
Over the summer, a FEMA antiterrorism grant announcement included a list of election-related requirements, saying that 20% of grants for states and urban areas would be withheld until they comply.
The program includes more than $1 billion for states and local and tribal governments for a variety of programs aimed at preventing terror at crowded places, online, with border security — and around elections. FEMA expects to award 56 grants.
The list of items for states includes verifying the citizenship of all registered voters and election workers.
Places that use electronic voting systems that use barcodes or QR codes to count votes would have to submit plans to switch to hand-marked paper ballots. Every jurisdiction would have to show it audits results.
In the lawsuit, the cities and counties said FEMA had no authority to impose those conditions, “not under its governing statute and not under the Constitution.”
Congress authorized FEMA to help jurisdictions protect critical infrastructure from terrorism and cyberattacks, not to decide who can vote, how ballots must be counted or how states maintain voter rolls, the cities and counties wrote.
“Never before has FEMA purported to regulate how states and counties run elections,” they said in the lawsuit.
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