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Is withholding federal counterterrorism funds from states – as FEMA has threatened – legal?

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yesterday

The Federal Emergency Management Agency has issued new grant guidelines that threaten to withhold counterterrorism funds from states that do not comply with President Donald Trump’s election security directives.

The agency told states they must “reconcile the number of voters who voted in federal elections with the number of ballots cast. They must use the federal SAVE database to verify the citizenship of everyone in the state’s voter registration database.” States also have to verify the citizenship status of poll workers or anyone operating election systems.

The SAVE database helps government agencies “determine citizenship and immigration status of individuals within their jurisdiction for the purpose of granting benefits, licenses, as well as for other lawful purposes.” For states that comply, the database allows the federal government to review the citizenship of everyone registered to vote. It also enables the government to determine which state residents are allowed to vote, a power the U.S. Constitution reserves for the states.

The funds FEMA threatened to withhold for noncompliance would otherwise be used by state and local governments to pay for cybersecurity, emergency planning, training and equipment.

As someone who has studied the interplay of law and politics, I recognize the important role federal grants play in state funding and the legal standards that govern the establishment of conditions like those announced by FEMA.

Federal funding for local governments

In the federal system, states and localities rely on the federal government for a wide range of grants and other funding. In any one year, they amount to more than US$1 trillion and provide between one-quarter and one-third of state and local revenues.

Louisiana, Arkansas, Arizona and Montana are most dependent on revenues from the federal government. They get........

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