Appeal set in student ID voter-ID dispute as election nears

The dispute has created uncertainty for town and city election staff with the Nov. 3 general election less than a month away.

State officials are moving to challenge a federal judge’s ruling that limited the reach of a new New Hampshire election law tied to student identification cards. On Monday, the state filed notice with the First U.S. Circuit Court of Appeals in Boston that it plans to appeal, and the N.H. Attorney General’s Office said Tuesday it will also seek an emergency pause while the case proceeds.

The dispute has created uncertainty for town and city election staff with the Nov. 3 general election less than a month away. Clerks are waiting for guidance on how to handle voters who present student ID cards when registering or requesting a ballot.

At the center of the conflict is House Bill 323, a Republican-backed law signed by Gov. Kelly Ayotte on April 3 and effective June 2. N.H. Secretary of State David Scanlan issued a directive saying the measure meant only government-issued identification, such as a driver’s license or passport, could be used.

U.S. District Court Judge Joseph Laplante of Concord disagreed in a ruling Friday. He said state law still contains a safety-valve provision allowing election officials to consider other evidence of identity when a voter cannot satisfy the standard list of acceptable documents. In his view, student identification can count as part of that broader review, making a blanket ban improper.

Scanlan responded Tuesday that the ruling was flawed and would lead to uneven treatment from one community to another, since local election officials would have to decide individually whether a student ID, together with other evidence, is enough to verify a voter. He also argued that changing election procedures so close to the general election could confuse voters and suppress participation.

Despite the appeal, the Secretary of State’s Office has already revised its voter registration web page. The updated instructions say student ID cards may be considered with other available evidence under the court order when officials decide whether identity has been proven.

The legal challenge was brought by The Coalition for Open Democracy, which contends the directive and the new law are unconstitutional. The issue is especially relevant in college communities, including Keene State College and Franklin Pierce University in Rindge, where students may be among those registering or voting this fall.

Local clerks said they are still seeking clarity. Shana Eichner, the town clerk in Rindge, expects to look for more information at the N.H. City & Town Clerks Association’s 101st Conference, which opens Wednesday in Nashua. Terri Hood, Keene’s city clerk, said she also wants more direction and is advising students to bring government-issued identification if they have it or can obtain it before registering or voting.

Hood added that her office is preparing to assist with a voter registration effort scheduled tentatively for about a week from now at Keene State College.

To register and vote in New Hampshire, a person must also prove age, residency and U.S. citizenship. Those without citizenship documents can instead sign an affidavit affirming that status.