A federal judge has ruled that the federal government cannot withhold counterterrorism funds from states as a way to force changes to election administration, finding that FEMA failed to link the election changes to counterterrorism goals.
Key facts
- A federal judge ruled the government cannot withhold counterterrorism funds from states to force election administration changes.
- The judge said FEMA never explained how the election changes were tied to the goal of shoring up vulnerabilities to terrorist attacks.
- The ruling was reported on September 28, 2026.
A federal judge has ruled that the federal government cannot withhold counterterrorism funds from states in an effort to force them to change how they run their elections, according to CNBC.
At the center of the case was the question of whether the Federal Emergency Management Agency (FEMA) could condition counterterrorism funding on states making changes to their election administration.
The judge found that FEMA had not justified the connection between the two. According to the ruling, FEMA never explained how the election changes it wanted were “tied to the goal of shoring up vulnerabilities to terrorist attacks.”
The decision, reported by CNBC on September 28, 2026, blocks the federal government from using the counterterrorism funds as leverage over state election practices.
The reasoning cited in the ruling centered on the lack of a demonstrated link between the funding’s stated counterterrorism purpose and the election administration changes being sought.
Why it matters
The ruling addresses the limits of federal power to attach conditions to grant money given to states. For voters and state officials, it touches on who controls the administration of elections and whether federal funding can be used to influence those decisions.
Frequently asked questions
What did the judge rule?
The judge ruled that the federal government cannot withhold counterterrorism funds from states to force them to change how they administer elections, according to CNBC.
Why did the judge rule against the funding conditions?
The judge said FEMA never explained how the election changes it wanted were tied to the goal of shoring up vulnerabilities to terrorist attacks.
When was the ruling reported?
The ruling was reported by CNBC on September 28, 2026.

