What the federal court ruling on New Hampshire’s proof-of-citizenship voting law means before the Sept. 8 primary

With New Hampshire’s Sept. 8, 2026 state primary 33 days away, a federal court ruling has restored an affidavit option for some people who need to register but lack documentary proof of U.S. citizenship.

The ruling did not eliminate New Hampshire’s citizenship requirement. It blocked parts of House Bill 1569 that had removed two affidavit mechanisms: the Qualified Voter Affidavit used in specified registration circumstances to prove citizenship, and the separate Challenged Voter Affidavit used to respond to a successful eligibility challenge.

What the court decided

On May 28, U.S. District Judge Samantha Elliott issued a permanent injunction in New Hampshire Youth Movement v. Scanlan and related cases. The court ruled that eliminating the two affidavits imposed an unjustifiable burden on eligible voters’ rights and, in the case of the challenged-voter affidavit, violated procedural due process.

The court expressly said it was not deciding whether New Hampshire may require voters to prove citizenship when registering. That requirement remains in place.

The court also rejected describing the Qualified Voter Affidavit as an exception to citizenship proof. It characterized the affidavit as a method of proving citizenship: An applicant swears to the required facts under penalties for voter fraud.

Why the qualified-voter affidavit matters

The court’s review of state registration data found that 14,737 people — 10.2% of all registrants tracked between April 29 and Nov. 10, 2024 — used a Qualified Voter Affidavit to establish citizenship.

Most of those registrants, 14,306, were registering for the first time. The court also found that 10,467 people used the affidavit during Election Day registration for the Nov. 5, 2024, general election. Another 387 used it on the Sept. 10, 2024, state primary election day.

The figures help explain why the ruling matters to first-time and same-day registrants who are eligible to vote but do not have a birth certificate, passport, naturalization document or other citizenship record readily available.

The court found that voters ages 17 to 24 used the affidavit at higher rates than other age groups. In Durham, the state’s largest college town, a local election official testified that more than half of same-day registrants at state and federal elections had historically lacked documentary citizenship proof and relied on affidavits.

What applicants still must prove

Restoring the affidavit does not remove the other qualifications for voting. New Hampshire’s Secretary of State says an applicant must establish identity, age, U.S. citizenship and domicile — the applicant’s primary residence — in the town or city ward where the person seeks to register.

Under the current state guidance, a Qualified Voter Affidavit may be used for citizenship when an applicant lacks some or all of the documents needed to prove citizenship. The affidavit is not a blanket substitute for proof of identity, age or domicile. Applicants should ask their town or city clerk which documents or other procedures apply to those qualifications.

The state also provides other ways election officials may help some applicants establish qualifications, including searches of the statewide voter-registration system and certain state records, with the applicant’s permission.

Absentee registration has separate procedures

People who plan to register by absentee ballot should confirm the current process with their town or city clerk rather than assume that the federal ruling changed every absentee-registration rule.

The Secretary of State’s current absentee-registration guidance says applicants generally must provide proof of U.S. citizenship and age in addition to identity and domicile. If an election official confirms that the applicant is currently or was previously registered to vote in New Hampshire through the state’s centralized voter database or other official records, the applicant must prove identity and domicile but does not have to prove age or citizenship again.

Registration proof is different from polling-place identification

Proof used to register is separate from the identification required to receive a ballot. The Secretary of State says registered voters do not need to bring proof of age, domicile or U.S. citizenship to the polls.

Registered voters must still show acceptable identification at their polling place. The state lists a driver’s license, a non-driver identification card, a New Hampshire voting-identification-only card, a U.S. passport or passcard, military identification, or verification by an authorized election official among the ways to establish identity.

Voters without an approved photo ID may obtain a free photo identification card for voting purposes from the New Hampshire Division of Motor Vehicles. The Secretary of State says voters can obtain a voucher from their town or city clerk or from the Secretary of State’s office.

A separate mechanism for challenged voters

The ruling also restored the Challenged Voter Affidavit, but that form serves a different purpose from the Qualified Voter Affidavit.

The challenged-voter affidavit concerns a registered voter whose eligibility has been formally challenged and whose challenge is determined to be well grounded under the state’s procedures. It allows the voter to attest to the qualifications at issue under penalties for voter fraud.

That is not the same process as using a Qualified Voter Affidavit during registration to establish citizenship. The two affidavits address different situations.

The appeal remains pending

New Hampshire defendants filed a notice of appeal on June 19, 2026. On July 22, the district court denied the state’s request to pause the ruling while the appeal proceeds.

That means the injunction remains operative unless the U.S. Court of Appeals for the First Circuit or another court changes the current posture. The state’s appeal is unresolved, so voters should confirm the latest instructions before registering, particularly if they plan to register absentee or on Election Day.

What New Hampshire residents should do

• If you are registering for the first time and lack documentary citizenship proof, contact your town or city clerk and ask about the current Qualified Voter Affidavit procedure.
• Be prepared to establish identity, age and domicile separately when required.
• If you are registering absentee, ask your clerk which documents and deadlines apply to your situation.
• If you are already registered, bring acceptable identification to the polls — not citizenship documents.
• If you lack approved photo ID, ask your clerk or the Secretary of State about the free voting-identification card.
• Check current state and local guidance before the Sept. 8 primary because the appeal could change the rules.

Sources

• U.S. District Court opinion, Opinion No. 2026 DNH 062 P
• New Hampshire Secretary of State: Proof of Voter Registration Qualifications
• Associated Press report on the ruling

Look for updates to this story

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