New Hampshire voters face a fluid mail-in ballot fight before the November election

Reported Aug. 28, 2026: New Hampshire’s Sept. 8 state primary is proceeding under the state’s existing absentee-ballot rules, even as a federal court temporarily blocks a mail-voting order that could affect procedures before the Nov. 3 general election.

The situation remains unsettled for November. On Aug. 27, U.S. District Court Judge Indira Talwani blocked the federal government from implementing the order for two weeks. A hearing is scheduled for Sept. 3, and the case could be appealed.

For now, New Hampshire voters should follow instructions from their local town or city clerk and the Secretary of State’s Office. The federal executive order and related Postal Service requirements are disputed and under active litigation; they are not settled New Hampshire election law.

What is settled for the September primary

New Hampshire Secretary of State David Scanlan told the New Hampshire Bulletin that the federal litigation does not affect the Sept. 8 primary under the state’s current procedures. The state has already distributed primary absentee ballots to towns.

Voters who qualify for an absentee ballot should use the existing state application and return process unless their local clerk issues different instructions.

What the federal court did Aug. 27

Judge Talwani temporarily halted attempts to implement President Donald Trump’s executive order limiting mail voting. The Associated Press reported that the block lasts two weeks and that the case could return to the Supreme Court on appeal.

The administration has also issued a formal rule governing whether the U.S. Postal Service will deliver states’ mail ballots. The Postal Service says states would need to provide a list of voters who should receive ballots and use specified envelope formats. Election officials and opponents of the rule argue that states may not have enough time to change ballot systems and procedures before the midterm elections.

The Sept. 3 hearing is not a final decision. Appeals or additional orders could follow, so instructions for November may change before Election Day.

Who can vote absentee in New Hampshire

New Hampshire voters may request an absentee ballot for qualifying reasons, including being out of town, observing a religious practice, having an illness or physical disability, facing an employment or caregiving obligation during polling hours, or meeting certain confinement, address-confidentiality or domestic-violence-protection requirements.

State guidance also provides an absentee option in certain severe-weather situations, including specified National Weather Service warnings affecting a voter’s town or ward. Because eligibility rules are specific, voters should review the official New Hampshire absentee-ballot guidance or ask their local clerk.

Voters must complete the state absentee-ballot application and provide the documentation or attestations required by the form. The Secretary of State’s Voter Information Lookup can help voters find their clerk and check ballot status.

Deadlines and delivery

New Hampshire allows voters to request an absentee ballot up to six months before an election. For the 2026 general election, requests could begin May 3.

Mail requests: The local clerk must receive the request by noon on the day before the election.
In-person requests: The deadline is 5 p.m. on the day before the election.
Completed ballots: A ballot returned by mail or through a delivery agent must reach the town, city or ward clerk by 5 p.m. on Election Day.

The Secretary of State’s Office recommends mailing a completed absentee ballot at least one week before the election. Requesting and returning a ballot earlier gives voters more time to address delivery or paperwork problems.

Voters can use the state’s Voter Information Lookup to see whether the clerk received the application, when the ballot was sent and when the completed ballot was received. If a ballot does not appear in the system, contact the local clerk promptly.

What voters should watch before November

The Sept. 3 federal hearing is the next major date in the litigation, but it will not necessarily resolve the case. Appeals or additional court orders could follow.

Before the Nov. 3 general election, voters should check the New Hampshire Secretary of State’s 2026 election page and contact their town or city clerk for updated instructions. Until a later court order or state announcement changes the process, New Hampshire’s existing absentee-ballot rules remain the instructions for the Sept. 8 primary.

Sources

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