A federal judge has invalidated a New Hampshire law that prevented new voters from using a sworn affidavit as proof of citizenship when lacking official documents like a birth certificate or passport.
Judge Samantha D. Elliott of the U.S. District Court in New Hampshire issued the ruling late Thursday, declaring that the removal of affidavits as a citizenship proof method adds an unjustifiable burden on the right to vote. This decision violated the First and 14th Amendments, leading to the immediate repeal of the law, which was enacted in 2024 under Republican Governor Chris Sununu.
Michael Garrity, a spokesman for New Hampshire’s Justice Department, announced that the state plans to appeal the ruling. He described the law as a common-sense measure designed to maintain election integrity.
The law, known for its stringent voter registration requirements, faced challenges from the American Civil Liberties Union (ACLU) of New Hampshire, representing several groups including the League of Women Voters of New Hampshire. ACLU’s Deputy Legal Director, Henry Klementowicz, argued that the law could have unjustly barred thousands of eligible voters from participating in elections, despite New Hampshire having a history of safe and secure elections.
Judge Elliott noted that reports of wrongful voting did not decrease following the law’s implementation. The number of wrongful voting incidents remained steady, with similar reports filed before and after the law’s passage with the state attorney general.
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