The Supreme Court handed Republicans a victory in New Hampshire’s election rules fight, allowing the state to exclude student IDs as voters prepare to decide a closely watched Senate race. The justices granted the state’s emergency request on October 22nd. Their decision pauses lower court orders that had limited enforcement of the state’s identification guidance. The Republican National Committee backed the state’s appeal.
The ruling arrives as former Republican Senator John E. Sununu faces Democratic Rep. Chris Pappas for the seat being vacated by retiring Democratic Senator Jeanne Shaheen. That contest could help determine control of the Senate. Earlier polling showed a tie, although Pappas subsequently opened a wider lead. Cook Political Report rated the race “Lean Democrat,” according to the Daily Caller’s October 23rd report.
Republican Governor Kelly Ayotte signed House Bill 323 on April 3rd, removing student identification cards from the list of documents expressly accepted to obtain a ballot. The legislation took effect June 2nd after passing along party lines. Republican Secretary of State David Scanlan subsequently issued guidance applying restrictions on student IDs to voter registration as well. The dispute reaching the justices centered on whether student cards could still serve as supporting evidence through an alternative identification procedure.
As CNN reported, state law includes a provision allowing voters to establish their identity through other means. The question was whether election officials could consider a student ID alongside additional evidence when someone lacked a qualifying identification document. Scanlan’s position excluded that option. U.S. District Judge Joseph Laplante left the legislation in place but blocked the broader directive in early October.
The First Circuit declined to pause his ruling, sending the dispute to the Supreme Court. The justices’ docket records that the state filed its emergency application October 15th and the RNC submitted a supporting brief the following day. The Coalition for Open Democracy filed its response October 19th. Justice Ketanji Brown Jackson received the application and referred it to the full court on October 22nd.
In granting relief, the court invoked the principle discouraging federal judges from changing election procedures shortly before voting. Its order cited an earlier decision stating that “lower federal courts should ordinarily not alter the election rules on the eve of an election.” The justices found that the district court had supplied no justification for departing from that principle. Watch the report on the Supreme Court’s decision here:
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Republican state Rep. Donald McFarlane, the bill’s sponsor, welcomed the decision. He told The Associated Press that colleges lack the same controls government agencies use when issuing identification. In an email quoted in the AP’s report, he called the ruling “a victory for common sense.” He said the legislation would strengthen identity verification, establish a consistent standard and support confidence in New Hampshire elections.
Jackson was the only justice to publicly dissent. She argued that Laplante’s order corrected misleading guidance rather than changing state election law. The stay covers the district court’s October 2nd and October 5th orders while the First Circuit considers the appeal and during consideration of a timely Supreme Court petition. If the justices decline review, the stay automatically ends; if they accept the case, it continues until their judgment is sent down.
Featured image credit: screengrab from the embedded video.