California sues Trump over emergency funding rules that pressure states on elections

California is taking the Trump administration to court a third time over its attempts to tie crucial emergency preparedness funding to the president’s preferences on immigration enforcement and election administration.

In a coalition with 24 Democratic-led states, Attorney General Rob Bonta announced the lawsuit over new conditions on U.S. Department of Homeland Security grants.

Most of these new rules relate to elections, including mandating states to employ a federal system to verify the citizenship of all their voters; using hand-marked paper voting ballots; and carrying out post-election audits, according to the lawsuit in Rhode Island’s federal court.

The conditions also require states to assist with federal immigration enforcement and enable federal agencies to terminate states’ funds at their discretion.

For decades the Department of Homeland Security and the Federal Emergency Management Agency have provided billions of dollars to states to prepare and respond to major disasters, including wildfires and earthquakes. One of these grants is the Homeland Security Grant Program, which Congress created in response to the Sept. 11, 2001 attacks. California alone receives $150 million each year from this program to fight terrorism, such as preventing cyberattacks.

But under the Trump administration, Bonta said the agencies are using public safety as “a bargaining chip,” and unlawfully withholding funds that Congress already appropriated.

The lawsuit alleges that if states do not comply with the new election rules, for example, they will lose at least 20%, if not all, of their Homeland Security Grant Program funds.

In the lead up to the November midterms, the Trump administration has pushed for stricter election rules, such as voter ID, to fight claims of widespread voter fraud. But Democratic lawmakers and officials have characterized these moves as Trump and the Republican party’s efforts to suppress voter turnout.

“Instead of ensuring these critical resources reach the communities that need them, Trump is attempting to use this funding as leverage to force states to adopt his preferred political agenda,” Bonta said at a press conference Thursday.

In an emailed statement FEMA said the lawsuit is “partisan pushback” from Democratic politicians who “oppose common-sense measures designed to protect election security and safeguard the integrity of American democracy.”

“Election security is national security, and protecting our critical infrastructure remains a top priority for the Trump Administration. Concerns over voting processes, data security, and registration practices have made it clear that action is required. … These new requirements will preserve election integrity.”

The Trump administration tried to deny states these same grants twice last year as it pressured states to participate in federal immigration enforcement. Both times California and other states sued and a federal court sided with them.

In her ruling rejecting the administration’s second attempt, U.S. District Court for Rhode Island Judge Mary McElroy, a Trump appointee, said holding funds hostage “based solely on what appear to be Defendants’ political whims is unconscionable and, at least here, unlawful.”

This lawsuit is California’s 79th against the second Trump administration.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.