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New Hampshire

Justices pause ruling, letting New Hampshire turn away student IDs at the polls

The order lifts a federal judge's block on state guidance against student cards for the Nov. 3 election. Justice Ketanji Brown Jackson dissented, and the challenge to the underlying law continues.

WASHINGTON — New Hampshire election officials may refuse student ID cards in the Nov. 3 election, even when voters offer them only as a fallback proof of identity, after the U.S. Supreme Court sided with the state on Thursday, Oct. 22, according to The Associated Press and The Boston Globe.

The justices granted the state's emergency request and froze a federal judge's injunction. The AP described the appeal as Republican-backed, and both outlets reported that the Republican National Committee filed a brief supporting the state on Oct. 16. The court did not rule on whether the law itself is valid.

Citing a long-standing principle that federal judges should generally avoid altering election rules close to a vote, the brief order found the District Court had given no reason to depart from it, the Globe reported.

Justice Ketanji Brown Jackson dissented; the AP reported she was the only justice to do so publicly. She argued the injunction targeted alleged misinformation about the state's new law rather than rewriting the rules. "When a federal court determines that material misrepresentations are being made about a State’s election rules, an injunction to prohibit that conduct does not contribute to public confusion, it prevents that very problem," Jackson wrote, according to the Globe.

Lawmakers in 2026 removed student cards from the identification New Hampshire voters can present for a ballot. In April, the secretary of state's office went further, telling officials the cards could not serve even as backup. In early October, U.S. District Judge Joseph N. Laplante, a George W. Bush appointee, according to the Globe, let the statute stand but halted the April directive.

The attorney general's office and the RNC had argued that the judge acted too late, the Globe reported. "New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written," Attorney General John M. Formella said in a statement, as quoted by the Globe.

The Coalition for Open Democracy, which brought the suit, contends the law is meant to put obstacles in front of young voters, while Republican leaders say it protects election security. The group's lawyers said the order was wrong and will sow confusion, and the coalition plans to keep trying to block the law entirely, the Globe reported.

The AP noted that the state's closely contested U.S. Senate race is under two weeks away.

New Hampshire