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Democrats demand DHS release withheld election security funds before midterms

Democrats demand DHS release withheld election security funds before midterms

Rule Changes

Congress directed the money in April; two months before voting day, none of it has reached local election offices

November 3rd, 2026: Midterm elections

Overview

Updated Sep 6

Two months before the midterms, the federal agency built to protect election systems hasn't spent a cent of the money Congress told it to use. Top Democrats on both election committees are demanding the Department of Homeland Security release $39.6 million earmarked for local election security, with a response due September 9.

The money was supposed to restore funding for the Election Infrastructure Information Sharing and Analysis Center (EI-ISAC), a network that gave roughly 3,700 local election offices free cyber-threat monitoring and rapid incident response in 2024. The Trump administration cut that funding in March 2025. Without it, officials warn, two-thirds of partner states and thousands of local governments will lose coverage heading into November 3.

Why it matters

If the $39.6M stays locked, thousands of local election offices lose free cyber-threat monitoring two months before the midterms.

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Key Indicators

$39.6M
Election security funds appropriated but not distributed
Congress directed DHS to spend this on election security in the FY2026 budget; none has reached EI-ISAC.
3,700
Election jurisdictions served by EI-ISAC in 2024
Local offices received free threat intelligence, intrusion analysis, and rapid incident response.
2/3
Share of state partners expected to leave EI-ISAC
Federal funding cuts are projected to force out two-thirds of states and thousands of local governments.
61 days
Days until the midterm elections
November 3 is the deadline against which the funding dispute is measured.

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People Involved

Alex Padilla
Alex Padilla
U.S. Senator (D-Calif.), ranking member of the Senate Rules and Administration Committee
Co-authored the September 3 letter demanding DHS release the funds
 Joe Morelle
Joe Morelle
U.S. Representative (D-N.Y.-25), ranking member of the House Administration Committee
Co-authored the September 3 letter alongside Padilla
 Markwayne Mullin
Markwayne Mullin
Secretary of Homeland Security
Recipient of the Democrats' letter; has not released the $39.6 million
NA
Nicholas Andersen
Acting director of the Cybersecurity and Infrastructure Security Agency (CISA)
Recipient of the Democrats' letter; some reports render his name Nick Anderson
 Kristi Noem
Kristi Noem
Former Secretary of Homeland Security
Oversaw the 2025 termination of EI-ISAC federal funding

Organizations Involved

Cybersecurity and Infrastructure Security Agency (CISA)
Cybersecurity and Infrastructure Security Agency (CISA)
United States federal agency
Withholding $39.6M in congressionally directed election security funds

The DHS agency that protects election infrastructure and runs the federal side of EI-ISAC partnerships.
Election Infrastructure Information Sharing and Analysis Center
Election Infrastructure Information Sharing and Analysis Center
Non-profit partnership
Running on a paid membership model after federal funding was cut

A voluntary network run by the non-profit Center for Internet Security that gives local election offices cyber-threat intelligence and incident response.
U.S. Department of Homeland Security (DHS)
U.S. Department of Homeland Security (DHS)
Federal agency
Has not distributed the $39.6M Congress directed for election security

The federal agency housing CISA; Congress directed it to restore election security funding in the FY2026 budget.

Timeline

March 2025 November 2026

8 events Latest: November 3rd, 2026 · 1 week ago
Tap a bar to jump to that date

  1. Midterm elections

    Latest Event

    Election day — the deadline against which the funding dispute and its security gaps are measured.

  2. Padilla and Morelle demand DHS release the funds

    Statement

    Top Democrats on both election committees send a letter demanding the $39.6M reach EI-ISAC and CISA staff be rehired, with a response due September 9.

  3. House Democrats warn of $200M held back

    Statement

    House Homeland Security Committee Democrats flag nearly $200M in FY2026 counterterrorism funds withheld unless states change election laws.

  4. FEMA releases grant notices with election conditions

    Policy

    FY2026 grant announcements include requirements states must meet to keep counterterrorism funding, drawing Democratic objections.

  5. Congress directs $39.6M for election security

    Legal

    The FY2026 DHS Appropriations law directs restoration of EI-ISAC funding and election security advisors in every CISA region.

  6. DHS ties election grants to voting rules

    Policy

    NPR reports roughly $28M in election security grants now carry conditions like using a citizenship verification tool for poll workers; Maine forgoes about $130,000 rather than comply.

  7. Trump signs voting executive order

    Policy

    Trump directed federal grants to be tied to election-policy rules. Much of the order was later paused by courts.

  8. Trump administration cuts election security funding

    Policy

    Under DHS Secretary Kristi Noem, the administration terminated federal funding for EI-ISAC and removed hundreds of CISA personnel.

Scenarios

1

DHS releases the $39.6M before Election Day

Deadline passed (Nov 3, 2026)

Discussed by: The Democrats' letter and NPR coverage of the dispute

DHS responds to the September 9 deadline by announcing the funds are moving. EI-ISAC restores free services and CISA begins rehiring election security advisors, bringing coverage back toward the 3,700 jurisdictions served in 2024 before the midterms.

2

DHS keeps the funds locked; midterms run with thinner defenses

Deadline passed (Nov 3, 2026)

Discussed by: Padilla and Morelle's letter, which warns that time is running out

DHS misses or answers the September 9 deadline without releasing the money. EI-ISAC loses two-thirds of its state partners as projected, and local offices lose free threat intelligence and rapid response for the general election. No court action forces the funds out in time.

3

Court orders the funds released

Unlikely Resolves by Mar 1, 2027

Discussed by: Legal commentary on the 1974 Impoundment Control Act, which generally requires appropriated funds to be spent

A state, election official, or advocacy group sues DHS for refusing to spend money Congress directed, citing the Impoundment Control Act. A federal judge orders disbursement, possibly after the midterms have passed.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

2016–2018

Russian election interference and the 2018 HAVA grants

Russia's 2016 hacking of state election systems and the Democratic National Committee email breach led the federal government to designate election infrastructure as critical infrastructure in January 2017. In March 2018, Congress appropriated $380 million in Help America Vote Act grants for states to harden their voting systems.

Then

States bought new voting machines and added post-election audits; EI-ISAC was created in 2018 as the information-sharing hub.

Now

It established the pattern of the federal government funding state election security through grants — the same kind of money now being withheld.

Why this matters now

The current dispute is about a similar pool of congressionally directed election security money, except this time the administration is refusing to spend it.

1972–1974

Nixon's impoundment and the 1974 Impoundment Control Act

Richard Nixon refused to spend roughly $12–18 billion in congressionally appropriated funds he disagreed with, including water projects and social programs. Congress responded with the 1974 Impoundment Control Act, which requires the president to spend appropriated funds unless Congress approves a rescission.

Then

The law forced Nixon's successor Gerald Ford to release most impounded funds.

Now

It created the legal presumption that appropriated money must be spent, and modern disputes over withheld funds often turn on it.

Why this matters now

Padilla and Morelle's demand rests on that same principle — that DHS must spend the $39.6M Congress directed — making this a modern test of a 50-year-old law.

Sources

(8)
+3
Senator Alex Padilla GPB / NPR NPR House Homeland Security Committee Democrats Tech Times Senator Alex Padilla (PDF) House Homeland Security Committee Democrats (PDF) NPR