Students might be able to use their school id cards to vote in New Hampshire this November after all, but the complicated legal fight isn’t over.
While New Hampshire outlawed the use of school IDs to verify a voter’s identity earlier this spring, a federal judge on Oct. 6 ruled against a related requirement set by the Secretary of State he said went too far.
However, the Secretary of State has requested a stay over concerns of confusion so close to an election.
Here’s what to know about how we got here and where things stand.
What did the original law say?
In April, Gov. Kelly Ayotte signed a bill (HB 323) removing student IDs from the list of acceptable identifications residents can use to vote, meaning that students would need to show a government issued photo ID, like a passport or driver’s license, to cast ballots.
Following the law, New Hampshire Secretary of State David Scanlan issued a directive saying school-issued IDs “cannot be used” to register to vote, to request an absentee ballot or to check in to vote.
Group files lawsuit
In August, a Concord-based voting rights group called Coalition for Open Democracy filed a lawsuit asking for the use of school-issued IDs to be reinstated. They argued that the law unconstitutionally burdens young voters and that Scanlan’s directive overstepped his authority.
What did judge rule?
On Oct. 6, U.S. District Court Judge Joseph Laplante declined to block the new law. However, he did block Scanlan’s directive.
“While HB 323 only removed student IDs from the forms of identification that are expressly valid, the April Directive went further, barring election officials from considering student IDs even as evidence under the safety-valve provision that permits a voter without qualifying photo identification to establish identity by other means,” the ruling read. “The State has offered no independent justification for that broader prohibition.”
Laplante went on to say that the law likely couldn’t “withstand constitutional scrutiny” as “even a minimal burden on the right to vote must be justified by the State’s interests.”
Under that ruling, election officials would be able to accept student ID cards to vote in the general election in some cases.
How did Scanlan respond?
In response, Scanlan requested a stay of the court order because he believes the court did not “correctly interpret New Hampshire law” and that altering election rules so close to the election risks “voter confusion and disenfranchisement.”
“The court’s interpretation defies common sense and defeats the clear legislative intent,” Scanlan said.
Where can you use a student ID to vote?
Most states do not block students from using their ID to vote in at least some cases.
Some states, like Massachusetts, Maine and Vermont, do not require photo ID at the polls, while others, like Alabama, Colorado and South Dakota, expressly allow student ID to be used as photo ID at the polls.
Other states only allow student IDs in certain cases: in Wisconsin, for example, students can use their ID only if it has a signature and lists an expiration and issuance date that are at most two years apart.
Finally, in some states, like Texas and South Carolina, student IDs are not acceptable photo IDs.
This article originally appeared on Portsmouth Herald. Reporting by Margie Cullen/ Portsmouth Herald
