Federal judge declines to block New Hampshire student ID ban for midterm election

A federal judge in New Hampshire will allow the state’s new ban on using student IDs for voting to remain in place for this fall’s general election. But he also barred the state from enforcing a directive that prohibits New Hampshire election officials from accepting a student ID as a valid form of identification to vote. 

Meaning: If a voter has no other way to prove their identity to vote, an election official can still consider a student ID as part of the evidence that he or she is qualified to vote.

The decision may slightly loosen the ID rules, but will introduce confusion and uncertainty for students, who already face a range of obstacles to voting.

In April, Gov. Kelly Ayotte (R) signed HB 323 into law, which eliminated student IDs as an acceptable form of identification for obtaining a ballot. Secretary of State David Scanlan (R) promptly issued guidance to election officials that they can no longer accept student ID to prove a voter’s identity when registering to vote, requesting an absentee ballot, or checking in to vote.

The pro-voting group Coalition for Open Democracy (COD) sued New Hampshire in August to block the GOP-backed state law from taking effect, but District Court Judge Joseph Laplante — a George W. Bush appointee — cited the Purcell principle in denying the motion for a preliminary injunction. Purcell is a legal doctrine stating that courts should not change voting rules too close to an election because it could confuse voters and officials.

In September, Laplante ruled that the ban could stay in place for New Hampshire’s Sept. 8 primary election. 

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