U.S. Supreme Court Grants New Hampshire’s Request to Stay Lower Court Orders in Election Case

Concord, NH - Attorney General John M. Formella announces that the United States Supreme Court issued an order today reinstating New Hampshire's law that prohibits the use of student IDs for registering to vote or obtaining a ballot for the November 3, 2026, General Election.

After the Legislature passed HB 323 and it went into effect, the Secretary of State issued guidance to election officials in April 2026 confirming that student IDs could not be used to register to vote or obtain a ballot. Numerous trainings on this guidance were conducted. In early October, the U.S. District Court for the District of New Hampshire reversed this guidance by issuing a preliminary injunction just 32 days prior to the election. To avoid confusion among voters and election officials alike, the Department of Justice sought a stay before the US Supreme Court. On October 22, 2026, the U.S. Supreme Court issued an order that stayed the U.S. District Court's injunction. The stay remains in effect while the State's appeal proceeds.

The Supreme Court emphasized that federal courts ordinarily should not alter election rules on the eve of an election, concluding that the District Court had not identified a sufficient basis to depart from that principle.

"New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written," said Attorney General Formella. "The Supreme Court's decision is an important victory for our efforts to defend those laws and prevent last-minute court orders from creating uncertainty for voters and election officials. We will continue to defend New Hampshire's election laws and the safeguards they provide."

The case, Scanlan v. Coalition for Open Democracy, involves a challenge to New Hampshire's voter identification requirements and related guidance issued by the Secretary of State. The dispute includes whether student identification cards may be considered valid proof of a voter's identity under the State's election laws. The Supreme Court's order stays the lower court's preliminary injunctions while the litigation continues. It does not resolve the underlying merits of the case.

The New Hampshire Department of Justice will continue to defend the State's election laws in the ongoing proceedings. The Secretary of State and the Department of Justice will issue further guidance to all election officials.

U.S. Supreme Court 26A512 Order
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