New Hampshire’s law eliminating voter affidavits — a backup option for people who do not have their photo ID when they go to vote — is unconstitutional, a federal judge ruled on Friday.
Before House Bill 1569, voters who didn’t bring documentation could sign an affidavit, under penalty of voter fraud, that they were being truthful about their identity. Then, the Secretary of State’s office would follow up to verify information given at the polls.
The state law, which went into effect after the 2024 elections, removed that method for voters to prove their citizenship and made it “even more difficult” for eligible voters to participate in elections, Judge Samantha Elliott wrote.
Elliott ordered that the state government restore the affidavit option.
The American Civil Liberties Union of New Hampshire, along with several voting rights organizations and individual voters, sued in 2024 after former governor Chris Sununu signed House Bill 1569 into law.
“Today’s ruling is a victory for all Granite State voters. New Hampshire’s elections have always been safe, secure, and accurate — and this law could have unconstitutionally and needlessly prevented thousands of eligible voters from casting a ballot,” Henry Klementowicz, deputy legal director of the ACLU of New Hampshire, said in a statement. “Making it harder to vote is a clear attack on one of our most fundamental of rights, and this law is consigned to the dustbin of history where it belongs.”
Proof of citizenship is still required to vote in New Hampshire, as it has been for a long time, Elliott wrote.
Some people were already turned away in last year’s municipal elections, including nearly two dozen in Concord.
Both Secretary of State David Scanlan and Attorney General John Formella had recognized the law could disenfranchise some eligible voters.
Proponents of the law argued it was a “common-sense” provision to ensure election integrity, while state officials often tout New Hampshire’s elections as some of the most secure in the country.
State Rep. Ross Berry, a Weare Republican who chairs the House Election Law Committee, accused Elliott, who was nominated to the court by Joe Biden, of pushing a “far-left” agenda.
“Democrats know their policies are deeply unpopular in the Granite State. That is why they must rely on unelected far-left judges to force their ideology onto voters,” Berry said in a statement.
State Rep. Bob Lynn, the former chief justice of the state Supreme Court who sponsored the bill, said at the time that he wanted the law to stamp out potential voter fraud and make voting a more intentional act. There is no evidence of widespread voter fraud in New Hampshire.
Lynn did not immediately respond to the Monitor’s interview request.
Voter affidavits will likely be available for the 2026 elections. Scanlan testified that as long as an order was issued by early July, there would be sufficient time to re-implement voter affidavits.
A spokesperson said the Secretary of State’s office is still reviewing the order and did not immediately respond to a question about whether affidavits will be available for the Sept. 8 state primary election.
Editor’s note: This story was updated to clarify that proof of citizenship is still required to vote.
