Supreme Court Allows New Hampshire to Reject Student IDs for Voter Verification Ahead of Midterms

The U.S. Supreme Court has authorized New Hampshire authorities to decline student identification cards as a valid form of voter verification for the upcoming midterm elections next month.

Previously, a lower court judge had determined that state officials had overstepped a recently enacted statute that limited the acceptance of student IDs for ballot access. That ruling stipulated that officials were still required to consider student IDs alongside other supporting evidence when voters lacked alternative means to confirm their identity.

However, the Supreme Court expressed reservations about judicial intervention so close to an election cycle.

The high court frequently references the Purcell principle, which suggests that judicial orders issued too close to an election can lead to voter confusion. The court cited the recent legal disputes over Missouri's redistricting maps as an example.

Here, the District Court did not point to anything that would justify deviating from that principle.

Justice Ketanji Brown Jackson issued a dissenting opinion, arguing that the Purcell principle was inapplicable in this instance because the lower court judge's action was aimed at ensuring the public received accurate information.

When a federal court determines that material misrepresentations are being made about a State’s election rules, an injunction to prohibit that conduct does not contribute to public confusion, it prevents that very problem. I would not disturb a clearly justifiable federal-court order issued to ensure that the public receives accurate information about a State’s electoral processes.

Legislative Changes to Voter ID Requirements

This development follows Governor Kelly Ayotte's signing of House Bill 323 into law in April. The legislation removed student IDs from the list of identification explicitly recognized as valid for obtaining a ballot. The law officially came into effect on June 2. Following its implementation, New Hampshire Secretary of State David Scanlan disseminated guidance to election officials regarding these modifications, and multiple training sessions were conducted.

State Officials Defend Election Integrity

New Hampshire Attorney General John Formella, a Republican, released a statement emphasizing the state's dedication to safeguarding the integrity of its electoral processes.

New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written. 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.

It is important to note that the Supreme Court's decision does not constitute a final judgment on the underlying merits of the case, and the broader litigation concerning the law remains ongoing.