Judge Overturns New Hampshire Law Requiring Physical Proof of Citizenship

U.S. District Court Judge Samantha Elliott struck down New Hampshire's House Bill 1569, a 2024 law that required first-time voters to provide physical documentation of U.S. citizenship, such as passports or birth certificates, to register. The judge ruled that eliminating sworn affidavits constitutes an unjustifiable burden on the right to vote and violates the First and Fourteenth Amendments, as well as procedural due process.

In her decision, Elliott stated that the state's interest in election integrity did not justify the burden on voters, noting that evidence of non-citizen voting in the state is essentially non-existent. The ruling immediately blocks the law's application for the September primary and the 2026 midterm elections. Secretary of State David Scanlan announced that the state will return to using sworn affidavits for registrants until further notice.

The law, signed by former Governor Chris Sununu, was challenged by the American Civil Liberties Union of New Hampshire and other voting rights organizations. While the ACLU hailed the decision as a victory for eligible voters, the New Hampshire Department of Justice expressed disappointment and announced plans to appeal the ruling. Republican Representative Ross Berry criticized the decision, characterizing it as a political agenda.