Federal Judge Blocks Key Parts of New Hampshire Voter Law, Restoring Affidavit Options

CONCORD, N.H. — A federal judge has ruled that New Hampshire cannot enforce parts of a 2024 election law that removed sworn affidavits as an option for voters who lack documents or face a challenge to their eligibility.

In a May 28 decision, U.S. District Judge Samantha D. Elliott found that eliminating those affidavit options placed an unjustifiable burden on eligible voters' constitutional right to vote. The court permanently barred state officials from enforcing those provisions of House Bill 1569.

The ruling is narrower than some social media posts suggest. The judge did not strike down HB 1569 in full or decide that New Hampshire cannot require proof of citizenship. Instead, the decision restores two affidavit procedures: a qualified voter affidavit that can be used to establish citizenship during registration when a voter lacks documents, and a challenged voter affidavit that can be used to respond to a successful eligibility challenge.

New Hampshire's current Secretary of State guidance says people registering to vote must establish their identity, age, U.S. citizenship and domicile. For citizenship, the state lists documents such as a U.S. birth certificate, passport or naturalization papers, and says an applicant who lacks some or all of those documents may instead complete a qualified voter affidavit under penalty of voter fraud.

The court reviewed evidence about the effects of removing the affidavits and the state's reasons for doing so. The judge concluded that the restrictions burdened eligible voters and that the state's asserted interests did not justify eliminating the affidavit options. Her decision addressed the record in this case; it was not a ruling that election security is unimportant or that noncitizens may vote.

The case, New Hampshire Youth Movement v. Scanlan, was brought against the state's Secretary of State and Attorney General. HB 1569 took effect in November 2024. New Hampshire's General Court describes the law as removing voter affidavits and exceptions from the registration and identification process.

What this means for voters: New Hampshire still requires voters to meet the state's eligibility rules and establish their qualifications. The court ruling means that, for citizenship, a sworn affidavit is again an available option when the voter does not have the required documents. Registered voters do not need to bring proof of citizenship to the polls simply to vote.