Full Breakdown
Federal Judge Strikes Down New Hampshire Proof-of-Citizenship Voter Registration Law
5/30/2026, 4:56:41 AM
Court Ruling Overturns Proof-of-Citizenship Requirement
U.S. District Judge Samantha D. Elliott issued a 98-page decision on May 28, 2026 striking down New Hampshire’s 2024 law (HB 1569) that forced first-time voters to provide documentary proof of U.S. citizenship. The ruling restores the “Qualified Voter Affidavit,” letting registrants attest to citizenship when they lack a passport, birth certificate, or naturalization papers.
Background & Context
Proof-of-citizenship rules exist in Arizona, South Dakota, Utah, Wyoming and, from 2025, Florida. The New Hampshire measure, signed by Republican Gov. Chris Sununu, mirrors President Donald Trump’s SAVE America Act, a federal push for similar documentation requirements.
Timeline
2024 – HB 1569 signed. Feb 2024 – nine-day trial in Concord. May 28, 2026 – Judge Elliott’s ruling takes effect. 2026 – law would have applied to September primary and November midterms.
Data & Statistics
The court cited 47 wrongful-vote reports in 8.3 million votes (1998-2024), with only eight alleged non-citizen ballots. Experts said ~40 % of residents lack a passport; >10,000 first-time voters used affidavits in 2024. A 2025 University of Maryland study estimated 21.3 million Americans lack easy access to citizenship documents.
Official Statements & Responses
The New Hampshire Department of Justice called the law a “common-sense approach” to protect election integrity. Assistant Attorney General Catherine Denny said the plaintiffs offered no proof of disenfranchisement, calling the claims “purely theoretical.” Secretary of State David Scanlan said the affidavit option will be reinstated while other identity-verification rules stay.
Criticism & Opposition
The ACLU of New Hampshire, League of Women Voters, Forward Foundation and Coalition for Open Democracy argued that dropping the affidavit creates needless barriers and could disenfranchise thousands, especially voters without passports, married women with name changes, and young first-time registrants.
Conflicting Reports & Gaps
State officials say non-citizen voting is essentially non-existent, yet the court noted only 47 wrongful-vote reports over 26 years. The Department of Justice claims 98 % of residents have proof, while testimony showed many lack passports. No study quantified how many voters were turned away.
Why It Matters
The ruling spotlights the tension between election security and voter access; a federal proof-of-citizenship rule could affect an estimated 21 million Americans, reshaping turnout and prompting litigation.
What’s Next
The New Hampshire Department of Justice will appeal. Secretary of State Scanlan will restore the affidavit process for upcoming elections, while identity-verification provisions remain. The case may shape congressional debate on the SAVE America Act.
Verbatim Quotes
- “New Hampshire’s interest in election integrity cannot justify the burden on New Hampshire voters based on the evidence in this case,” — Judge Samantha D. Elliott
- “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, ACLU of New Hampshire
- “This isn’t the first time a progressive judge has ignored the law and precedent to push a political agenda.” — Rep. Ross Berry, R-Weare, House Election Law Chairman
- “The local election claims are purely theoretical,” — Catherine Denny, Assistant Attorney General, New Hampshire Department of Justice
- “This court decision is a victory for every Granite State voter and their ability to vote in this year’s primary and midterm elections,” — Olivia Zink, Executive Director, Open Democracy NH
