Open Democracy

Read the Order Granting Partial Preliminary Injunctive Relief here.

Read the Preliminary Injunction Order here.

Read more about the case here.

Open Democracy Sues to Block New Law Barring the Use of Student IDs to Vote in New Hampshire Elections

Free Speech For People, Mintz, and Whatley Kallas File Case on Behalf of Open Democracy

CONCORD, NH – (August 12, 2026) Open Democracy, a nonpartisan organization committed to political equality, filed yesterday a lawsuit in the U.S. District Court of New Hampshire to enjoin the enforcement of HB 323 and a related state policy that prevents students from being able to use their student IDs to prove their identity when registering to vote and voting in New Hampshire elections. Free Speech For People and Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo represent Open Democracy, along with local counsel Whatley Kallas LLP.

For Immediate Release:

May 29, 2026

Contact:

Olivia Zink

[email protected]

FEDERAL COURT DECLARES DOCUMENTARY PROOF OF CITIZENSHIP FOR VOTING UNCONSTITUTIONAL 

CONCORD, NH — A federal judge in the U.S. District Court for the District of New Hampshire has permanently blocked enforcement of HB 1569, the sweeping 2024 law that imposed some of the most restrictive voter registration requirements in the country. The ruling is a major victory for New Hampshire voters and for the constitutional right to vote.

Open Democracy NH, as part of a broad coalition of voting rights organizations and individual voters, fought back against a law that systematically dismantled protections Granite State voters had relied on for years. HB 1569, signed by former Governor Chris Sununu in 2024, required voters to produce documentary proof of citizenship, such as a passport or birth certificate, to register. For thousands of eligible New Hampshire residents, including young voters registering for the first time, those documents are not readily available.

The law also stripped away a longstanding protection that had allowed eligible voters whose qualifications were challenged at the polls to cast a ballot by swearing under penalty of perjury to their eligibility. Without that safeguard, eligible voters were turned away with no recourse.

The federal court ruled that these provisions place an unjustifiable burden on the right to vote in violation of the First and Fourteenth Amendments of the U.S. Constitution, that they do little to further any legitimate state interest, and that they violate voters' right to procedural due process. The court permanently enjoined the state from enforcing these provisions in any future election, including the 2026 September primary and November midterms.

"For nearly two years, voters across New Hampshire have faced confusion, frustration, and disenfranchisement under this law.” said Olivia Zink, executive director of Open Democracy NH. "This is a clear victory for voters. The court recognized what we have been saying all along: New Hampshire's elections can remain secure without putting unnecessary barriers between eligible voters and the ballot box."

The ruling carries particular significance for young voters heading to the polls for the first time. Open Democracy NH's work registering high school students across the state made the harmful impact of HB 1569 impossible to ignore. "It's a rite of passage to register to vote," said Sam Cassin, Open Democracy NH's High School Voter Registration Coordinator. "This decision helps thousands of eligible voters in New Hampshire register to vote and participate in our democracy."

“This is a huge win for every voter in NH. Had this law stayed in effect, unjustified burdens would have prevented young people, renters, students, and others from casting a ballot,” said Sayles Kasten, executive director of NH Youth Movement. “Voting is a right, not a privilege. Because of the hard work of everyone involved, that right has been protected, and voting remains easy, safe, and secure in NH."

New Hampshire has long maintained safe, secure, and accurate elections. Open Democracy NH will continue fighting to ensure that every eligible Granite State voter can participate in our democracy without unnecessary barriers or confusion.

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Open Democracy is a nonpartisan, NH non-profit committed to political equality for all through fair redistricting, protecting the freedom to vote and voter-owned elections. 

With the September 8 New Hampshire State Primary fast approaching, we wanted to share an important reminder about upcoming voter registration and party affiliation deadlines. 🗳️

Because most Granite Staters are registered as “undeclared,” it's important for voters to understand how NH's primary system works.

If you are currently registered as “undeclared,” you are able to choose either party’s ballot in the State Primary. However, there are a few important things to keep in mind:

🗓️ June 2 is the deadline to change your party affiliation before the primary.

⚠️ If an undeclared voter casts a Democratic or Republican primary ballot—either in person or absentee—their voter registration will automatically change to that party affiliation.

After the primary, voters may change their affiliation back to “undeclared” (or to another party) either that same day by visiting the Supervisors of the Checklist table at their polling place or afterward by contacting their local clerk. Procedures can vary by town or city.

🚨 If you think you may have forgotten to switch your affiliation back to “undeclared” after the last primary, make sure to double-check before the June 2 deadline so you can vote in the 2026 primary the way you intend!

📬 Voting absentee?
Undeclared voters requesting an absentee ballot must indicate which party’s primary ballot they want on their absentee ballot application.

🔎 You can check your:

• Voter registration status
• Party affiliation
• Absentee ballot request & return status

...using the New Hampshire Secretary of State’s Voter Information Lookup Tool. 

For more information, visit the Sec. of State's Party Primary FAQ page or contact your local town or city clerk.