New Hampshire Defies DOJ Push for Voter Data

By Yunior Rivas

New Hampshire State House, Concord, New Hampshire. Wangkun Jia/Adobe Stock

New Hampshire Secretary of State David Scanlan (R) has declined a request from the U.S. Department of Justice to turn over the state’s full statewide voter registration list, citing state law and cybersecurity concerns.

In a detailed letter sent Friday, Scanlan explained that New Hampshire’s voter database is legally protected and cannot be shared under current statutes. The DOJ’s request is part of a broader federal effort to obtain voter data from multiple states, under an executive order issued earlier this year by President Donald Trump.

“New Hampshire law authorizes the Secretary of State to release the statewide voter registration list in limited circumstances not applicable here,” Scanlan wrote. 

The DOJ’s request sent in June cited sections of the Help America Vote Act (HAVA) explicitly and implied oversight under the National Voter Registration Act (NVRA).

But Scanlan firmly reminded the department that New Hampshire is not subject to the NVRA.

“New Hampshire is somewhat unique when it comes to applicable federal election laws,” Scanlan explained. “New Hampshire is exempt from the NVRA.”

New Hampshire, along with five other states, is exempt from the NVRA because it has allowed same-day voter registration continuously since before the NVRA took effect in 1994. This exemption significantly limits federal authority to demand oversight or data access. 

Scanlan also raised cybersecurity red flags, noting that releasing sensitive voter infrastructure data could pose national security risks.

“Some of the questions ask for information that pose cybersecurity risk if disclosed. As you know, the Department of Homeland Security regards election systems and assets as critical infrastructure,” Scanlan added. “Divulging any cybersecurity information could harm the integrity of the systems.”

While Scanlan declined to release the full statewide list, he pointed DOJ officials to a lawful alternative. New Hampshire’s public checklists — maintained at the city and town level — remain accessible to the public.

New Hampshire joins Minnesota and Wisconsin in rejecting the DOJ’s request for full voter rolls, citing legal protections and concerns about federal overreach.