Alex Padilla U.S. Senator for California

Ranking Members: “There is no precedent or Congressional intent to complicate election security grant funding by attaching political strings”

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, and Representative Joe Morelle (N.Y.-25), Ranking Member of the Committee on House Administration, expressed serious concerns and requested clarifying guidance in a letter regarding a revised U.S. Election Assistance Commission (EAC) federal grant agreement that is causing confusion and opposition among state grant recipients across the country who fear they may not be able to access crucial EAC election security funding. The EAC’s revised federal grant agreement cites President Trump’s anti-Diversity, Equity, and Inclusion (DEI) executive order, requiring state recipients to certify they comply with the executive order to receive this critical funding.

“This E.O. is inapplicable to this funding or the work of election officials and any application of Executive Order 14173 to EAC election security grant funding would represent an unprecedented encroachment by President Trump into this independent agency and would undermine the important role of the Commission to act on a bipartisan basis. Congress provided these election security funds to be distributed to states pursuant to the Help America Vote Act (HAVA) without any such political strings attached,” wrote the lawmakers. 

The guidance has sown chaos among Secretaries of State who planned to use EAC’s $15 million in Fiscal Year (FY) 2025 grant funding to support election security efforts. The EAC distributes congressionally appropriated election security grants and provides election officials across the country with essential, nonpartisan assistance, and the FY 2025 funding in the Republicans’ continuing resolution already represents a major cut from the $55 million appropriated in FY 2024.

“Congress provides this money, and it is the responsibility of the EAC to ensure that states and localities can access these grants and continue to use them to support election administration, which includes investing in new voting systems, strengthening cybersecurity to combat attacks on election infrastructure by foreign and domestic actors, and providing physical security for election workers and poll workers,” continued the lawmakers.

The lawmakers concluded by urging EAC leadership to avoid politicizing or conditioning these vital grants on partisan policies, and requested they swiftly clarify their guidance to state election officials such that grant recipients do not have to consider declining these critical funds.

“There is no precedent or Congressional intent to complicate election security grant funding by attaching political strings and interfering in the distribution of these grants,” concluded the lawmakers.

Ranking Members Padilla and Morelle have strongly opposed efforts by the Trump Administration to undermine federal agencies’ election security work. Last week, they issued a joint statement blasting President Trump for slashing critical funding for election security and administration in his disastrous budget proposal. Padilla and Morelle have also penned three letters to Cybersecurity and Infrastructure Security Agency (CISA) leadership regarding the agency’s firings of election security workers and termination of election security-focused efforts. Additionally, the lawmakers expressed serious concerns about the dangerous implications for elections following President Trump’s executive order purporting to bring independent regulatory agencies under total control of the White House. 

Senator Padilla previously denounced the illegal firing of Federal Election Commission Chair Ellen Weintraub and led 10 Democratic Senators to demand President Trump rescind his attempt to fire Weintraub. 

Full text of the letter is available here and below:

Dear Chairman Palmer, Vice Chairman Hicks, and Commissioners McCormick and Hovland:

We write today to express our concern over a revised federal grant agreement from the Election Assistance Commission (EAC) that has caused confusion amongst grant recipients, with some now considering not accepting these critical funds.

The revised agreement incorporates a new and unclear requirement for recipients to attest that they are in compliance with federal anti-discrimination law underneath a reference to the President’s Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This E.O. is inapplicable to this funding or the work of election officials and any application of Executive Order 14173 to EAC election security grant funding would represent an unprecedented encroachment by President Trump into this independent agency and would undermine the important role of the Commission to act on a bipartisan basis. Congress provided these election security funds to be distributed to states pursuant to the Help America Vote Act (HAVA) without any such political strings attached.

For the past two decades, the EAC has provided assistance to election officials across the political spectrum and has distributed election security grants as established and appropriated by Congress. As Ranking Members with jurisdiction over federal elections, we consistently hear from officials on the need for significant and reliable federal funding. Congress provides this money, and it is the responsibility of the EAC to ensure that states and localities can access these grants and continue to use them to support election administration, which includes investing in new voting systems, strengthening cybersecurity to combat attacks on election infrastructure by foreign and domestic actors, and providing physical security for election workers and poll workers.

There is no precedent or Congressional intent to complicate election security grant funding by attaching political strings and interfering in the distribution of these grants. As a result, we encourage the EAC to quickly provide additional clarifying guidance to election officials.

Thank you for your attention to this important matter.

Sincerely,

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