Judge Ali Vacates FEMA's Election Conditions and 20% Holdback on Homeland Security Grants in Nashville v. DHS

On September 28, 2026, Judge Amir H. Ali (D.D.C.) vacated the election-administration conditions that FEMA attached to its fiscal year 2026 Homeland Security Grant Program funding notice, together with the 20% holdback that enforced them and FEMA’s August 10 implementing guidance. The suit was brought by Texas, Tennessee, and Ohio counties and cities. The court granted vacatur and denied their request for a permanent injunction.

What the conditions were. The opinion quotes the notice’s five conditions in full. They include a plan to move from bar-code and QR-code voting systems to hand-marked paper ballots, a post-election 5% manual audit, voter and ballot reconciliation, a citizenship check of the whole state voter file through the federal SAVE system within 120 days of accepting an award, and citizenship checks on polling-place and election-system workers. FEMA would withhold 20% of a state’s grant funds until it received proof of compliance. FEMA had not yet issued 2026 awards when the court ruled.

What the court held. “The statute does not authorize FEMA to withhold counterterrorism grants until states and high-risk urban areas achieve policy objectives on their own dime.” The relief is limited: the court said its “partial vacatur does not apply to any other aspect of the NOFO,” including a separate minimum for physical and cyber election-security spending that the plaintiffs did not challenge.

Where it goes. The government appealed to the D.C. Circuit (see 2026-10-22–doj-appeals-nashville-v-dhs-vacatur-of-fema-election-conditions-moves-for-stay-pending-appeal). The conditions are covered in 2026-07-10–fema-hsgp-nofo-conditions-election-rule-changes-shsp-uasi-20-percent-withholding; the earlier grant-threat letter in 2026-08-28–dhs-hires-election-denial-activist-karen-disalvo-drafted-grant-threat-letter.

Sources

• Memorandum Opinion: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.42.0.pdf
• Order: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.43.0.pdf
• Notice of Appeal, quoted for the order’s date and scope: https://storage.courtlistener.com/recap/gov.uscourts.dcd.295627/gov.uscourts.dcd.295627.44.0.pdf