State of New Hampshire

New Hampshire Student ID Ban Challenge

Coalition for Open Democracy v. NH Secretary of State et al

A pro-voting lawsuit challenging a state law and Republican directive prohibiting students from presenting school-issued identification to register to vote or cast a ballot.

Background

Coalition for Open Democracy filed a lawsuit in federal court challenging a new state law prohibiting students from using school-issued identification cards to vote. Plaintiffs also challenge New Hampshire Secretary of State David Scanlan’s (R) accompanying directive which explicitly prohibits use of student IDs for both voting and registration – an overreach which they argue exceeds the scope of the new law. Plaintiffs assert the Republican-controlled legislature was “fully aware” that the law would “burden young voters” by removing previous language that permitted student IDs to show proof of identity. Plaintiffs argue the law and directive unconstitutionally burdens the right to vote, discriminates on the basis of age, and violates separation of powers. The lawsuit seeks to block the new law and directive prohibiting school-issued ID cards to register and vote in elections.

Why It Matters

New Hampshire’s new student ID ban is the latest in a string of Republican efforts to restrict voting access in the state, including attempts to require proof of citizenship in voting and restrictive mail voting verification requirements. However, there is no evidence of widespread voter fraud in the state, and as plaintiffs state in the complaint, the legislature failed to present any evidence of fraud arising from school-issued identification when it passed the new restriction. However, the ban does place a “significant burden” on student voters, particularly those who are low-income, lack transporation, or live with their parents and cannot reasonably establish residency requirements.

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