Supreme Court Lets New Hampshire Enforce Student ID Voting Limits In The Midterms

The Supreme Court on Thursday, October 22, allowed New Hampshire to enforce its limits on student ID voting in the November 3 midterm elections, pausing part of a federal judge’s ruling while the state’s appeal continues. The unsigned order on the court’s emergency docket drew one dissent, from Justice Ketanji Brown Jackson.

At issue is a state law, House Bill 323, passed in April 2026 and effective in June, that removed student ID cards from the forms of photo identification valid for obtaining a ballot. The Coalition for Open Democracy, a nonprofit that helps high schools run voter registration drives, sued. The group argued the law burdens the right to vote and was intended to discriminate against young voters.

U.S. District Judge Joseph Laplante declined to block the part of the law that removed student IDs from the accepted list. He did block enforcement of an April directive from Secretary of State David Scanlan that barred or discouraged election officials from considering student IDs as evidence of identity under a safety valve provision, a backup that lets some voters without a qualifying photo ID still vote. The 1st Circuit Court of Appeals refused to pause Laplante’s ruling, so Scanlan asked the Supreme Court to step in.

Scanlan argued that following Laplante’s order would force the state to undo steps taken since April to prepare for the election, such as voter guides, polling place posters, website updates and advertising. His argument rested on the Purcell principle, a Supreme Court idea that federal courts should ordinarily not change election rules close to an election because late changes can confuse voters and election workers. The Supreme Court relied on that principle in its order.

The Coalition for Open Democracy argued that Laplante’s order did not block a state law. It said the order enforces the legislature’s own statutes against an executive interpretation that goes beyond them. The group also said Scanlan’s website has already been revised to say supervisors may consider student IDs, so the revised guidance is the current practice.

In her dissent, Jackson argued that the district court’s order was a targeted measure to address misinformation about election rules and that it reduced public confusion rather than causing it.

The pause remains in place while the state’s appeal moves forward in the lower courts. Voters in New Hampshire who rely on a student ID should confirm which forms of identification are accepted with the New Hampshire secretary of state’s office or their local town or city clerk, since the rules on student ID voting decide what they need to bring on November 3.

Dee Dee Henderson

Dee Dee Henderson is a Poli Alert journalist covering national politics, elections and the policies that hit closest to home for Black communities, from voting rights and the economy to the courts. She reports the facts first and isn't afraid to say what they mean, and her commentary pieces are clearly labeled as opinion. Her midterm coverage breaks down deadlines, ballot measures and the races that will decide who holds power in Washington.

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