The Coalition for Open Democracy filed a lawsuit in U.S. District Court on Tuesday challenging House Bill 323, legislation signed by Gov. Kelly Ayotte in June that restricts the use of student identification for voting purposes in New Hampshire. The nonprofit organization, which coordinates voter registration and outreach efforts statewide, is seeking to block the Secretary of State’s Office from enforcing restrictions on student ID usage.
According to legal counsel Ben Horton working on the case, Secretary of State David Scanlan issued a directive in April that barred student IDs—whether high school or college-issued—when registering to vote, requesting absentee ballots, or checking in at polling locations. Horton contends that this directive unlawfully extends the scope of HB 323 and that the law itself did not prohibit students from using IDs to register. A motion hearing is scheduled for August 31. The Secretary of State’s Office did not respond to requests for comment.
Proponents of the restriction argue it enhances election security and ensures voters are domiciled in the state. Rep. John Sellers, R-Bristol, a co-sponsor of HB 323, said he would prefer a more secure government-issued ID option for students but does not expect the lawsuit to succeed given current Republican legislative control. Sellers stated the measure aims to prevent potential voter fraud, though no evidence of widespread voter fraud in New Hampshire has been presented.
Opponents contend the restriction creates unnecessary obstacles for young voters. Horton noted that a significant portion of voters ages 18-24 lack driver’s licenses and that alternative options like passports are less commonly used. He warned the restriction could discourage first-time voters and establish long-term patterns of non-participation. House Democratic Leader Alexis Simpson said that without any documented fraud cases, the state had removed a voting option young residents had used for over a decade. Durham Town Clerk Rachel Deane confirmed that students will need to obtain a driver’s license or other government-issued identification to satisfy age, identity, and domicile requirements for voting.
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