State of New Hampshire

New Hampshire Election Day Registration Law Challenge (Espitia)

Espitia v. Scanlan

Lawsuit filed on behalf of New Hampshire voters against New Hampshire Secretary of State David Scanlan (R) challenging Senate Bill 418, a recently enacted voter suppression law. Under the new law, individuals who register to vote for the first time on Election Day but lack a valid photo ID will be administered an “affidavit ballot.” The law prescribes that these individuals’ votes will only be counted if they provide proof of identification to the New Hampshire secretary of state’s office within seven days of the election. If they fail to do so, their votes will be discarded from the official election results and their voting information will be referred to the secretary’s office. The plaintiffs argue that this law, which allows citizens’ names and voting preferences to be disclosed to the New Hampshire secretary of state, violates the right to privacy guaranteed by the New Hampshire Constitution. The lawsuit asks the court to declare S.B. 418 unconstitutional and permanently block it from being implemented. On July 28, the case was consolidated with 603 Forward v. Scanlan, where all future filings can be found. On Dec. 15, 2023, the plaintiffs appealed the dismissal of their case to the New Hampshire Supreme Court.

Case Documents

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