Civil rights groups take NH to court over law that would require proof-of-citizenship for voting

December Rust has been unhoused for a year in Littleton, New Hampshire. He doesn’t have proof of citizenship and he has an outdated non-driver ID card indicating he previously lived in another town, Whitefield, according to court documents. 

Rust, who calls Littleton home for now, has only been able to vote in New Hampshire because he’s been able to sign a legally binding document attesting to the fact that he meets the state’s criteria. 

While Rust anticipates needing to move soon due to growing tensions in Littleton, where police are restricting camping for the unhoused, as reported by the Caledonian Record,he’ll need to register to vote in a new town. But, under New Hampshire’s new voter ID law, Rust probably won’t be able to cast a ballot. 

Rust is one of five people named in a federal lawsuit the American Civil Liberties Union filed against the state on Monday, fighting against a new voter ID law Gov. Chris Sununu signed in September. 

The new law, called HB 1569, goes into effect on Nov. 11 following the Nov. 5 general election. It requires voters to provide proof of citizenship to register (like a passport or birth certificate), show proof of residency (like tax documents or vehicle registration), and show a photo ID—a major shift from the previous process, which allowed voters without documentation to sign an affidavit affirming their eligibility.

The lawsuit alleges HB 1569 violates the First and Fourteenth Amendments. 

“HB 1569 introduces fundamental changes to the state’s election law that would make it materially harder, if not impossible, for thousands of New Hampshire citizens to exercise their right to vote,” the lawsuit says.

In addition to Rust, the lawsuit highlights several plaintiffs, including a newlywed who fears she won’t be able to vote after changing her last name. It mentions three young voters who have not yet registered but expect challenges in obtaining the necessary identification. The suit raises concerns for those who lost identification papers in floods or fires, which could prevent them from voting.

One of the plaintiffs, Miles Borne from Rye, who will be eligible to vote in 2025, works with Open Democracy to help seniors at Portsmouth Regional High School register. Many students have relied on affidavits to prove citizenship, and the lawsuit claims HB 1569 could prevent them from voting. Another plaintiff, McKenzie Nykamp Taylor, a lifelong New Hampshire resident and an active voter, married Nicholas Taylor in August. She plans to change her last name from St. Germain to Taylor, but hasn’t yet updated her passport, driver’s license, or other IDs, as she is waiting to do so until after an international trip. She worries that if she moves to a new town before updating these documents and needs, she could be restricted from voting.

New Hampshire Republicans, who control the state House of Representatives and Senate, argued the law would make voting more secure, but some admitted in public meetings that voter security has not been a problem in New Hampshire. New Hampshire state Rep. Robert Lynn (R-Windham), who introduced a bill, admitted in an April meeting, “Do I think there’s a huge issue of voter fraud in New Hampshire? No, I don’t, because I think if there was, we would know it.”

While the state has used affidavits since the 1990s, Lynn explained, “voter fraud is very difficult to identify and prove.” He indicated he didn’t think anyone would be limited from voting under the new law.

But thousands could be impacted. Around 45,000 New Hampshire voters were born in different countries and, of those, about 7,000 signed an affidavit last year to prove their qualifications, Secretary of State David Scanlan estimated at a June committee of conference hearing on a similar bill. There were many other concerns raised at the June meeting—like the time it takes to get a passport and birth certificate for those who don’t have them or can’t find them, and the cost. 

In addition to the five individual people, the lawsuit names three nonprofit organizations as plaintiffs—the Coalition for Open Democracy, the League of Women Voters of New Hampshire, and The Forward Foundation. It argues the organizations’ missions to educate voters and help people register will be hampered under the new law.

An attempt to reach Secretary of State David M. Scanlan, one of the defendants, and his office weren’t successful. 

The other defendant, Attorney General John Formella, said in a statement through Communications Director Michael Garrity: “We will review the complaint and respond as appropriate.”