Nashville is among four municipalities suing the U.S. Department of Homeland Security over the Trump administration’s withholding of public safety funding to the local governments that don’t implement certain federal election policies.
The municipalities filed the federal lawsuit on Aug. 17 following new eligibility requirements put in place by the Federal Emergency Management Agency in June. These require states to use DHS’ Systematic Alien Verification for Entitlements (SAVE) system to verify the citizenship of poll workers and registered voters, mandate changes to electronic voting systems and impose a 5 percent manual audit of paper ballots.
If local governments do not comply with the new measures, the federal government threatens to withhold partial funding from the Homeland Security Grant Program, which was established by Congress in 2011 in an effort to prevent and respond to acts of terrorism.
The complaint — filed by Metro Nashville; Columbus, Ohio; and the Texas counties of Harris and El Paso — alleges that the new requirements are arbitrary and in violation of the federal Administrative Procedure Act and the U.S. Constitution’s separation of powers. The suit notes that the Constitution gives Congress, rather than the executive branch, the exclusive authority to set terms for federal spending. It also contends states and Congress, and not the executive branch, have the power to make rules for federal elections.
“Implementing these onerous changes will require plaintiffs to expend staff time and budgetary resources, and doing so in the hurried manner that the federal government seeks will undermine the sound administration of elections,” the suit reads, noting that this could have a significant impact on the upcoming midterm elections.
The suit also calls the SAVE system “notoriously error-filled” after several reports have noted the system is known to return faulty results. The complaint says the loss of funding could pose a public safety risk and weaken election security.
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“This lawsuit seeks to secure necessary funding that would provide equipment and training to Nashville’s first responders in handling emergency or terrorist events in our city,” Metro legal director Tyler Yarbro says in a news release.
“The Trump administration wants to withhold those funds unless we implement wholly unnecessary and costly changes to our election procedures. Courts have consistently rejected the administration's efforts to meddle in elections. We are proud to join other cities and counties across the country to ensure that our access to federal funds designated for first responders is protected.”
The municipalities are represented by the Brennan Center for Justice at New York University, the Jacobson Lawyers Group, Protect Democracy and the Public Rights Project.
This article was first published by our sister publication, the Nashville Post.
