Supreme Court clears New Hampshire to bar student IDs at the polls ahead of midterms

By 
, October 24, 2026

The Supreme Court cleared New Hampshire to block student IDs as voter identification in an 8-1 order, rejecting a late lower-court move that would have scrambled rules days before the midterms.

In an unsigned order released Thursday, the justices paused Oct. 2 and Oct. 5 rulings by U.S. District Judge Joseph Laplante that had stopped the state from enforcing limits on student IDs at the ballot box. The 8-1 decision leaves New Hampshire free to require stronger proof of identity for the coming midterm elections, with Justice Ketanji Brown Jackson alone in dissent.

The Daily Signal reported the emergency action came after the U.S. Court of Appeals for the 1st Circuit declined to pause Laplante’s orders and Secretary of State David Scanlan sought relief from the high court with days left before Election Day.

The majority leaned on a long-standing rule against last-minute judicial changes to voting procedures. Lower courts, the justices wrote, should not rewrite the playbook when voters and officials are already locked in.

"This Court has repeatedly emphasized that lower federal courts should ordinarily not alter the election rules on the eve of an election."

The unsigned order continued:

"Here, the District Court did not point to anything that would justify deviating from that principle."

Just The News noted the same holding: New Hampshire college students cannot use student IDs to prove identity when they vote in November. The coalition that sued over the law lost its bid for a late court rewrite.

Lawmakers closed a weak ID loophole in April

New Hampshire’s Legislature passed HB 323 in April. The measure barred student IDs as valid identification to obtain a ballot. The law took effect in June.

Lawmakers pointed to real gaps in campus cards. Student IDs often lack expiration dates and can stay in circulation after they are no longer valid. They generally lack address verification, citizenship confirmation, and the security features built into government-issued ID.

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Secretary Scanlan followed with an April directive to local election officials. That guidance extended the restriction to the law’s safety-valve path, the option that lets a voter without qualifying photo ID establish identity by other means. Training and public notice followed for months.

Scanlan told the Supreme Court the state did not spring the rules on anyone. His office and local officials spent the period after the law took effect preparing the system and the public.

"Over the next five months, local election officials were trained on the new identify-verification rules consistent with that guidance,"

he wrote in the petition. He added:

"During that same timeframe, the secretary’s office published student voting guides, updated polling place posters, updated its website, conducted social media outreach, produced and ran radio ads, and spoke at public events to explain how identity verification would work."

The Washington Examiner reported the voter ID law had already applied to state primaries before the recent district-court block. Thursday’s order put the statute back on track for the general election.

A late injunction met a hard stop

The Coalition for Open Democracy sued. It alleged the law put an undue burden on the right to vote and discriminated against young voters. Those claims were allegations in the lawsuit, not findings adopted by the Supreme Court.

Judge Laplante, a George W. Bush appointee, issued the Oct. 2 and Oct. 5 orders that blocked enforcement of the state’s restrictions. Reporting on SCOTUSblog, carried in the primary account, said his order declined to block HB 323’s core student-ID provision itself, yet still prevented enforcement of Scanlan’s April directive on the safety-valve route.

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The 1st Circuit refused to pause that relief. Scanlan then went straight to the Supreme Court for an emergency ruling. The justices granted it, 8-1.

That pattern fits a wider run of high-court moves that have redrawn the midterm election battlefield by keeping late judicial rewrites in check.

Fox News reported the majority applied the Purcell Principle, the idea that federal courts should avoid last-minute election changes that risk confusion, and found no justification for the district court’s late intervention. New Hampshire Attorney General John Formella backed the state’s position in plain terms.

"New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written,"

Formella said.

Jackson stood alone in dissent

Justice Jackson cast the only no vote. She framed Laplante’s injunction as a fix for public messaging, not a rewrite of the statute.

"Consequently, here, the District Court’s injunction was reasonably designed to address alleged misinformation, not to change the law."

In a longer dissent passage carried by Just The News, she wrote that she would not disturb what she called a clearly justifiable federal-court order meant to ensure the public receives accurate information about a state’s electoral processes, even, and perhaps especially, when an election is looming.

The majority rejected that view. It held the district court had not shown a reason to break from the ordinary rule against eve-of-election changes. Eight justices, across the Court’s usual lines, refused to let a late injunction unsettle rules the Legislature had already written and the secretary’s office had already trained on for months.

Similar procedural discipline showed up when the Court blocked a rushed lower-court order on campaign rules, another case where timing and clarity mattered as much as the underlying policy fight.

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Battleground stakes and a Senate race in view

New Hampshire is no side show this cycle. The state sits among those that could help decide which party controls the U.S. Senate. Democratic Rep. Chris Pappas is running against former Republican Sen. John Sununu, the son of one former governor and the brother of another.

Student-heavy towns and college precincts often draw national attention in close races. HB 323 does not ban students from voting. It requires them to use identification that carries the verification and security features lawmakers judged necessary. Drivers’ licenses, passports, and other government-issued IDs remain available paths under the state’s framework.

Critics cast any tighter ID rule as an attack on young voters. The Legislature cast it as basic hygiene: cards that do not expire cleanly, do not confirm address or citizenship, and lack standard security features are poor tools for proving who is casting a ballot.

That fight sits inside a larger clash over the Court’s role. Justice Elena Kagan has faulted the conservative majority for rulings she says weaken democracy, while Democratic leaders have floated structural pushback, including calls to expand the Court.

For now, the practical result in New Hampshire is straightforward. The April law stands for November. Local officials who trained for months can apply the identity rules they were told to apply. Campus cards that fail the Legislature’s standards will not clear the bar on their own.

Election integrity is not a slogan when the rules are written in statute, trained into poll workers, and explained to the public well before ballots are cast. It is the bare minimum voters have a right to expect.

Late lawsuits and last-minute injunctions should not become a second legislature. Eight justices just reminded the lower courts of that limit, and New Hampshire’s voter ID law is back where the elected branches left it.

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