El Paso and Harris counties have joined communities in Ohio and Tennessee in suing the U.S. Department of Homeland Security and the Federal Emergency Management Agency over new election-related requirements tied to federal homeland security funding.
The lawsuit, filed Monday, argues that FEMA is improperly threatening to withhold 20% of Homeland Security Grant Program funding from jurisdictions that do not adopt sweeping changes to their election procedures.
The plaintiffs include Harris County and El Paso County in Texas, the Metropolitan Government of Nashville and Davidson County in Tennessee, and the city of Columbus, Ohio.
New Conditions Tied to Federal Funding
The Homeland Security Grant Program, established in 2003, provides funding to state and local governments to help deter and respond to terrorism and other security threats. At least 3% of each grant has been designated for election security since 2023.
Under rules announced by FEMA in June, jurisdictions could lose 20% of their grant funding if they fail to meet several new election-related conditions.
Among the requirements are transitioning away from voting equipment that relies on barcodes or QR codes and moving toward equipment that accepts hand-marked paper ballots. The rules also call for statewide manual audits of 5% of ballots following federal elections, reconciliation of the number of voters with the number of ballots cast, and the use of the federal Systematic Alien Verification for Entitlements, or SAVE, system to verify the citizenship status of registered voters.
The rules also require the use of SAVE or another authorized government system to verify the citizenship of people working at polling places or operating election systems.
The plaintiffs argue that the requirements are unrelated to the purpose of the Homeland Security Grant Program and exceed FEMA’s statutory authority. The lawsuit also alleges violations of the Constitution’s Spending Clause, separation-of-powers principles and the Administrative Procedure Act.
Counties Cite Cost and Election Concerns
Harris County officials say complying with the new requirements could cost millions of dollars.
Although the county already uses paper ballots, those ballots are machine-marked through its Hart Verity voting system. County officials contend that complying with FEMA’s requirements would require a transition to equipment using exclusively hand-marked paper ballots, along with additional equipment and staffing.
The county also argues that the changes could interfere with Texas’ requirement that regular election ballots be counted within 24 hours after polls close. Officials estimate that the required manual audit could take three to four months.
Harris County received more than $6.6 million through the Homeland Security Grant Program in 2024 and expects to receive a portion of a $23.3 million regional award in 2026. That funding supports the Houston region, including Houston, Sugar Land and The Woodlands.
El Paso County expects to receive nearly $2 million through the 2026 awards. County officials said losing funding or diverting resources to comply with the new requirements could force reductions in voting locations and voter outreach programs.
El Paso County Attorney Christina Sanchez said the new conditions would come at the expense of election offices, law enforcement agencies and the communities they serve.
“Local election offices already face some of the toughest oversight and requirements designed to keep their operations safe and secure,” Sanchez said, per The Texas Tribune. “Imposing additional requirements is both costly and burdensome, while our law enforcement agencies rely on this funding to purchase critical equipment that helps protect and save lives.”
Harris County Challenges Federal Overreach
Harris County Attorney Abbie Kamin also criticized the federal requirements, describing them as an improper attempt to use public safety funding to influence local election administration.
“This is the kind of federal overreach we’ve come to expect from the Trump administration,” Kamin said in a statement, per Fox 4 KDFW.
Kamin argued that withholding funding used by law enforcement and public safety agencies would threaten resources that protect local communities. She also said local control of elections is protected by the Constitution and should be defended against federal attempts to alter it.
Kamin was appointed Harris County attorney in April and is running for a full term in the 2026 election.
Lawsuit Questions Federal Authority
The lawsuit contends that Congress, rather than the executive branch, has the authority to establish conditions governing federal spending.
The plaintiffs say FEMA’s new requirements are ambiguous, unrelated to counterterrorism and “arbitrary and illegal.” They also argue that implementing the changes on the federal government’s timeline would consume significant local resources and could disrupt election administration.
The jurisdictions further point to concerns about the accuracy of the SAVE system. The complaint cites Department of Homeland Security statistics indicating an estimated 5% to 10% error rate.
Texas officials have previously encountered problems with citizenship verification through SAVE. In July, the Texas Secretary of State’s Office directed counties to reinstate some of the 2,724 registered voters who had been flagged by the system as potential noncitizens.
The lawsuit asks a federal court to prevent the administration from enforcing the new grant conditions against the plaintiffs.
Federal Officials Defend Requirements
A FEMA spokesperson said the agency believes the election-security requirements are necessary.
Concerns over election security “made it clear that action is required,” the spokesperson said, adding that the agency expected opposition to what it described as common-sense measures intended to protect election security and the integrity of elections.
The dispute is the latest legal challenge involving conditions placed on Homeland Security Grant Program funding.
In December 2025, a federal court blocked implementation of separate HSGP rules connected to immigration enforcement. The administration later moved to dismiss its appeal of that ruling.
The current lawsuit focuses on election administration and whether DHS and FEMA have the legal authority to condition homeland security funding on changes to how local jurisdictions conduct elections.
The outcome could determine whether federal agencies can use Homeland Security grants to require state and local governments to adopt election procedures that were not established by Congress.
Provided by Dallas Express
