A coalition of voting rights groups backed by the ACLU of New Hampshire are seeking to block a new voter ID law in the state, alleging the documentation needed to register to vote poses an unconstitutional burden to prospective voters.
The suit also alleges that the new law could disenfranchise registered voters whose qualifications are challenged at the polls by partisan election watchers.
A spokesperson for the New Hampshire Attorney General’s office said they were still reviewing the complaint, and will “respond as appropriate.”
The law, known as HB1569, does not go into effect until after this November’s elections.
It will require all people registering to vote for the first time in New Hampshire to show a passport, birth certificate or naturalization papers at the polls to prove their citizenship, making New Hampshire one of the strictest states in the country for voter registration.
Citizenship is already a requirement to vote in New Hampshire, and there is no evidence non-citizens are routinely taking part in local elections.
The new law replaces the existing system that allows people to swear they are qualified to vote by signing a legally binding affidavit, if they didn’t have certain documents in hand when registering. The new measure also does away with any exemptions for registered voters who fail to bring an identification to the polls on Election Day.
“The elimination of the affidavit option for New Hampshire registrants would have serious and irremediable impacts on qualified would-be New Hampshire voters seeking to participate in democratic elections,” the ACLU argues in its court filing. “Accordingly, the law poses an improper and unconstitutional burden on the right to vote unsupported by any legitimate or relevant state interest.”
Lawyers for the plaintiffs also allege that the elimination of all affidavits could leave voters whose qualifications are challenged at the polls by partisan election observers with no way to cast a ballot.
If those voters are unable to convince a local moderator that they are qualified to vote, despite already being registered to vote, they would no longer be able to legally swear to their qualifications through use of an affidavit. Under the new law, those voters would instead need to file an emergency appeal at a superior court.
Earlier this month, the New Hampshire Youth Movement, an advocacy group, filed a similar legal challenge alleging the new law would disproportionately impact college students who may be less likely to have proof of citizenship.
It is possible the two legal challenges will be consolidated into a single case. Neither has yet been heard before a judge.
The voter ID legislation was sponsored by Rep. Bob Lynn, a Republican from Windham who previously served as chief justice of the New Hampshire Supreme Court. He and other Republican backers contend the new policies are necessary to build trust in electoral systems.
Last week, Gov. Chris Sununu, who previously voiced his own concerns about the bill but ultimately signed it into law, dismissed claims that the new policies could disenfranchise legitimate New Hampshire voters, calling it “fear mongering.”
“Look, everyone has an ID. Anyone that goes to an airport has an ID,” Sununu told reporters.
A 2023 study released by the University of Maryland and the advocacy group VoteRiders estimated that nearly 29 million U.S. citizens of voting age lacked a valid driver’s license nationwide, and that more than 7 million otherwise qualified voters had no other form of government-issued photo identification. The study did not include state-specific data.
The League of Women Voters of New Hampshire, along with Open Democracy and the Forward Foundation, are plaintiffs in the latest lawsuit, along with a homeless person currently residing in Littleton who says he has no documentation capable of proving his ability to vote.
Another plaintiff in the case recently married and is in the process of changing her name, but does not yet have an updated passport.
The law goes into effect on Nov. 11, meaning new voters in next spring’s town elections will need to register under the new protocols, unless a court blocks the measure, which is the request made by the plaintiffs in the case.
“Despite the state’s success in administering secure elections, in recent years New Hampshire’s legislature has persistently attempted to introduce new barriers to exercising the right to vote,” the ACLU argues in its brief. “Courts have repeatedly enjoined such attempts when they improperly burden and disenfranchise New Hampshire voters.”
