A new lawsuit filed in U.S. District Court challenges New Hampshire's House Bill 323, which restricts the use of student identification for voting purposes. The Coalition for Open Democracy, a voting rights group, filed the suit Tuesday, seeking to block the state's Secretary of State's Office from enforcing the law in a way that impacts students' voting rights.
The lawsuit targets a directive issued by Secretary of State David Scanlan on April 23, which barred student IDs as a valid form of identification for registering to vote, requesting an absentee ballot, or checking in at the polls. The Coalition argues this directive unlawfully extends HB 323, which they contend did not explicitly prohibit students from using IDs to register.
Ben Horton, legal counsel for the case, stated that the law disproportionately affects young voters aged 18-24, many of whom do not possess a driver's license, the primary alternative identification method now required. While other forms of identification like passports or military IDs are still valid, Horton expressed concern that the restriction adds an unnecessary bureaucratic hurdle without enhancing election security.
"When you install these roadblocks the first time people are able to vote, you’re not just denying them the right to vote when they’re 18, you’re potentially creating a pattern of non-voting that is going to extend for years, or possibly decades," Horton said.
Rep. John Sellers, R-Bristol, a co-sponsor of HB 323, defended the legislation, stating the aim was to use more secure government-issued IDs rather than school-issued ones to prevent potential voter fraud and ensure voters are domiciled in New Hampshire. Sellers expressed skepticism that the lawsuit would succeed under current Republican control of the legislature.
House Democratic Leader Alexis Simpson, D-Exeter, criticized the law, noting that young voters had used student IDs for over a decade without any reported cases of fraud. "Young adults deserve a real say in the decisions that shape their rent, their schools, and their futures," Simpson stated.
To register to vote in New Hampshire, individuals must be U.S. citizens, at least 18 years old, and domiciled in the city or town where they intend to vote. Requirements include proving age, citizenship, identity, and domicile.
Acceptable forms of identification for identity and age include a driver's license, a government-issued photo ID, or a passport. Proof of U.S. citizenship can be established through a birth certificate, passport, naturalization papers, or a qualified voter affidavit, though the state is appealing a recent ruling that restored the affidavit option.
Proving domicile typically requires a New Hampshire driver's license or non-driver ID with a current address, vehicle registration, or other government-issued documents showing a New Hampshire address. Alternative methods include completing an attestation form if other documents are unavailable, along with a rental agreement, utility bill, or a confirmation of domicile from a property owner or tenant.
In addition to the ID changes, New Hampshire will also implement annual purges of the voter list for the first time this year. The Coalition for Open Democracy urged voters to check their registration status, citing instances where individuals, including a nursing home resident who moved units or a person who placed their home in a trust, were removed from the voter rolls.
A motion hearing for the lawsuit is scheduled for August 31.