The American Civil Liberties Union (ACLU) of New Hampshire filed a complaint for injunctive and declaratory relief in the US District Court for the District of New Hampshire on Monday challenging the state’s new voter identification law.
The legal action targets legislation requiring proof of U.S. citizenship for voter registration and photo identification for casting ballots. The ACLU contends that the law’s strict requirements could disenfranchise numerous eligible voters, particularly those from marginalized communities who may face difficulties obtaining the necessary documentation. Additionally, the plaintiffs cite a 2018 federal court ruling that invalidated a similar law in Kansas, which required proof of citizenship for state and federal elections. That law was found to violate both the US Constitution and the National Voter Registration Act of 1993.
The lawsuit was filed on behalf of several organizations including the Coalition for Democracy, League of Voters for New Hampshire, and the Forward Foundation, as well as five individual voters. New Hampshire Attorney General John Formella and Secretary of State David Scanlan are named as defendants, reflecting ongoing debates about the balance between election security measures and ensuring broad access to voting rights.
Henry Klementowicz, deputy legal director for the ACLU of New Hampshire, stated that laws creating “unconstitutional roadblocks to voting” should not be permitted, as they may prevent thousands of eligible individuals from casting their ballots. Meanwhile, the New Hampshire Attorney General’s office has acknowledged receipt of the ACLU’s lawsuit in a statement made to local news but has refrained from further comment.
The lawsuit reflects a larger national trend toward legal challenges to voter ID laws in the US. In March, a federal judge in Arizona upheld two state laws that require voters to provide documentation to prove their citizenship before registering to vote. A conflicting precedent struck down the laws, with the Supreme Court refusing to listen to an appeal in December 2020. At the federal level, Republican lawmakers are pushing for similar legislation, including the proposed SAVE Act, which aims to implement a nationwide proof-of-citizenship requirement for voting. The outcome of this lawsuit could have far-reaching implications for voter identification laws, potentially shaping the landscape of voting rights and electoral participation in future elections.
