Federal Court Declares New Hampshire Anti-Voter Law Unconstitutional

Anti-voter law was among the most restrictive in the United States, and placed unconstitutional burdens on voters

May 29, 2026 11:24 am

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CONCORD, N.H. - Last night, the federal court in New Hampshire struck down the state鈥檚 anti-voter law enacted in 2024, declaring it unconstitutional. The law, known as HB 1569, created some of the strictest registration requirements in the nation and, among other things, required documentary proof of citizenship for voter registration.

A broad coalition of voting rights groups and individual voters challenged HB 1569鈥檚 creation of needless barriers to voting, including its removal of the ability for eligible voters to register by attesting to their citizenship under penalty of perjury on a sworn affidavit. In addition to declaring the law unconstitutional, the Court blocked its use in all future elections, including the 2026 midterms and September primary.

鈥淭oday鈥檚 ruling is a victory for all Granite State voters. New Hampshire鈥檚 elections have always been safe, secure, and accurate 鈥 and this law could have unconstitutionally and needlessly prevented thousands of eligible voters from casting a ballot,鈥 said Henry Klementowicz, deputy legal director of the 桃子视频of New Hampshire. 鈥淢aking it harder to vote is a clear attack on one of our most fundamental of rights, and this law is consigned to the dustbin of history where it belongs.鈥

The lawsuit was filed by the 桃子视频of New Hampshire, 桃子视频, and Ropes & Gray LLP, on behalf of plaintiffs the Coalition for Open Democracy, the League of Women Voters of New Hampshire, The Forward Foundation, and several individual voters. This case was consolidated with a separate lawsuit brought by New Hampshire Youth Movement.

According to the Court鈥檚 decision, the law "constitutes an unjustifiable burden on the right to vote in violation of the First and Fourteenth Amendments,鈥 鈥渄oes little, if anything, to further the state鈥檚 interests,鈥 and also 鈥渧iolates voters鈥 rights to procedural due process.鈥

Despite the proven accuracy, reliability, and security of New Hampshire鈥檚 elections, HB 1569鈥攚hich was signed into law by former Governor Chris Sununu in 2024鈥 made fundamental changes to the state's election law that violate the First and 14th Amendments of the U.S. Constitution.

鈥淲hile we witness escalating attacks on voting rights nationwide, New Hampshire鈥檚 HB 1569 represented yet another substantial barrier to the ballot box,鈥 Jacob van Leer, staff attorney with the national ACLU鈥檚 Voting Rights Project. 鈥淎s federal and state leaders across the country seek to impose restrictive and unnecessary documentary proof requirements for voting, our win sends a clear message that such attempts to undermine our elections will not succeed.鈥

HB 1569 required documentary proof of citizenship for voter registration 鈥 documents like a passport or birth certificate, which many people do not have or cannot easily access 鈥 making it materially harder, if not impossible, for thousands of New Hampshire citizens to exercise their right to vote.

The Court鈥檚 decision is in line with other federal courts that have weighed in on this issue previously. For instance, federal courts struck down a similar Kansas law, which imposed a proof of citizenship requirement for state and federal elections, as violating both the U.S. Constitution and National Voter Registration Act of 1993.

鈥淭his decision sends a clear message that constitutional rights do not end when voting begins,鈥 said Marcia Johnson, chief of activation and justice for the League of Women Voters. 鈥淓ligible voters should not be denied access to voting because of burdensome and unnecessary requirements. At a time when new barriers to voter registration are being enacted across the country, this ruling affirms that protecting elections and protecting voters鈥 rights are not competing goals. The League of Women Voters is proud to stand with New Hampshire voters, and we will continue building a democracy where every eligible voter can participate freely, fairly, and with confidence.

鈥淭his decision is a victory for New Hampshire voters and for the fundamental freedom to vote,鈥 said Liz Tentarelli, president, League of Women Voters of New Hampshire. 鈥淕ranite Staters deserve a system that makes it possible for eligible voters to participate without unnecessary hurdles or confusion. The League of Women Voters of New Hampshire will continue working to ensure our elections remain accessible, fair, and secure for everyone.鈥

鈥淭his court decision is a victory for every Granite State voter and their ability to vote in this year鈥檚 primary and midterm elections,鈥 said Olivia Zink, executive director of Open Democracy NH. 鈥淭his is especially important for eligible soon-to-be voters who are graduating high school this year, registering to vote for the first time, and who may not have a copy of their birth certificate. This decision ensures they retain access to the ballot.鈥

The court's decision can be read here: https://assets.aclu.org/live/uploads/2026/05/NH-trial-order.pdf


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