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Federal Judge Restores Affidavit Option in New Hampshire Voter Registration

The order lets people lacking passports or birth certificates attest to citizenship and is likely to be appealed with implications for similar proof-of-citizenship laws nationwide.

Overview

  • U.S. District Judge Samantha Elliot ruled on May 29, 2026 that New Hampshire’s 2024 change removing a sworn-affidavit method was unlawful and ordered the state to allow attestations when documentary proof is unavailable.
  • Secretary of State David Scanlan said the state will revert to its prior registration procedures so voters can use affidavits at polling places while the attorney general’s office prepares an appeal.
  • The attorney general characterized the law as a common-sense protection of election integrity and has announced plans to challenge the ruling in higher courts.
  • Advocates and the court pointed to evidence that strict documentary rules can block eligible voters, citing a 2025 University of Maryland estimate that about 21.3 million Americans lack easy access to citizenship documents and a 2018 Kansas case that struck down a similar law after thousands were prevented from registering.
  • The decision is being watched as an early test of a national push for proof-of-citizenship rules led by President Trump and could affect how other states and Congress shape or defend similar requirements ahead of upcoming elections.