U.S. Supreme Court Reinstates NH’s Law Against Using Student IDs To Register To Vote or Get a Ballot Nov. 3

Concord, NH – The U.S. Supreme Court issued an order Thursday reinstating New Hampshire’s law barring the use of student IDs for registering to vote or obtaining a ballot for the Nov. 3 general election, a decision opponents say will deprive young people of their right to vote.

After the state Legislature passed HB 323 and Republican Gov. Kelly Ayotte signed it into law, Secretary of State David Scanlan issued guidance to election officials confirming that student IDs could not be used to register to vote or obtain a ballot. In early October, the U.S. District Court for New Hampshire reversed this guidance by issuing a preliminary injunction.

The federal judge said student IDs could still be considered by election officials at polling places as evidence of voter identity if supplemented with other documentation. Then Attorney General John Formella sought a stay before the U.S. Supreme Court, which now remains in effect while the State’s appeal proceeds.

The Supreme Court said that federal courts ordinarily should not alter election rules on the eve of an election, concluding that the District Court had not identified a sufficient basis to depart from that principle, according to a news release issued by Attorney General Formella Thursday evening.

“New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written,” Formella said. “The Supreme Court’s decision is an important victory for our efforts to defend those laws and prevent last-minute court orders from creating uncertainty for voters and election officials. We will continue to defend New Hampshire’s election laws and the safeguards they provide.”

The case, Scanlan v. Coalition for Open Democracy, involves a challenge to New Hampshire’s voter identification requirements and related guidance issued by Scanlan. The dispute includes whether student identification cards may be considered valid proof of a voter’s identity under the State’s election laws, Formella’s release said.

The Supreme Court’s order stays the lower court’s preliminary injunctions while the litigation continues. It does not resolve the underlying merits of the case, the release said.

Rep. Donald MacFarlane, R-Orange, who sponsored HB 323, said: “Today’s Supreme Court decision is a victory for common sense. It allows HB 323 to work as intended: strengthening voter identity verification, applying a consistent standard, and maintaining public confidence in New Hampshire elections.”

Plaintiff’s counsel in Coalition For Open Democracy v. Scanlan said the Supreme Court’s order is “wrong,” deprives young voters of their right to vote and creates confusion.

“The Court’s decision grants a stay which both the federal district court and the U.S. Court of Appeals for the First Circuit denied, blocking an injunction that has now been in place for almost three weeks, injecting confusion into the election—precisely what the Purcell principle is supposed to prevent—and authorizing an unconstitutional policy that will deprive young voters of their right to vote.

“We applaud Justice Jackson for her dissent, in which she stands for the Constitution, the right to vote, and a rational application of Purcell. We will continue to vigorously litigate this case in the defense of the fundamental right to vote of young voters across New Hampshire,” Plaintiff’s Counsel said.

Read the order and dissent here.  

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