NC attorney general sues FEMA over ‘unlawful’ grant conditions

WILMINGTON, N.C. (WECT) - North Carolina Attorney General Jeff Jackson is suing FEMA and the Department of Homeland Security, alleging the agencies are threatening to withhold millions in federal public-safety grant money unless states accept new conditions he calls ‘unlawful.’

The lawsuit says the grants fund counterterrorism and disaster-response work, including bomb squad equipment, active-shooter training, cybersecurity efforts and responses to hurricanes, floods, wildfires and search-and-rescue missions. North Carolina received more than $17 million through the programs last year, according to the complaint.

Jackson and a coalition of attorneys general argue FEMA and DHS added requirements unrelated to the grants’ purpose, including language that would allow DHS to cancel grants at any time and provisions tying funding to changes in how states administer elections. The suit contends the election-related conditions fall outside FEMA’s authority and could force at least 13 North Carolina counties to spend millions replacing voting equipment already certified by the state.

“If states refuse these unrelated election administration demands, DHS and FEMA are threatening to withhold at least 20% of each state’s Homeland Security Grant Program funding,” Jackson stated.

The new case alleges violations of the Administrative Procedure Act and the U.S. Constitution’s Spending Clause. It is joined by attorneys general from more than 20 states and the District of Columbia, along with the governors of Kentucky and Pennsylvania.

Read the full complaint here.