Before this ruling, a person registering to vote generally had to provide a citizenship document, such as a birth certificate, passport or naturalization record. After the ruling, someone who cannot immediately produce that document may once again sign an affidavit swearing they are a U.S. citizen, but they still must provide proof of identity, age and residence to register, and photo identification is still required to vote on Election Day.
CONCORD, NH — New Hampshire election officials have temporarily restored a process that allows some voters to register without presenting citizenship documents after a federal judge blocked parts of a state voting law that took effect last year.
Secretary of State David Scanlan announced May 28 that his office will once again allow eligible voters to use a qualified voter affidavit to attest to their U.S. citizenship when registering to vote.
The change follows a ruling issued Wednesday by the U.S. District Court in New Hampshire that temporarily prevents the state from enforcing portions of House Bill 1569, a 2024 law that tightened voter registration requirements.
The law eliminated the affidavit option previously available to people who could not immediately provide proof of citizenship when registering. Under the court’s order, that affidavit process must be reinstated while the legal challenge moves forward.
For most voters, however, the ruling changes little.
The court did not block other provisions of the law that require people registering to vote to provide documents proving their identity, age and where they live. Voters still cannot use an affidavit as a substitute for those requirements.
The ruling also leaves intact the law’s requirement that voters show identification when checking in at the polls on Election Day. Voters who arrive without acceptable identification still cannot use an affidavit to obtain a ballot.
In practical terms, the court’s decision affects only one part of the voter registration process: proof of citizenship.
A person registering to vote who does not have citizenship documents available may now once again complete a qualified voter affidavit affirming they are a U.S. citizen. Election officials may also verify citizenship through state records, including information maintained by New Hampshire’s Division of Motor Vehicles and Vital Records Administration.
Scanlan said he still encourages voters to provide citizenship documents whenever possible.
The secretary also noted that lawmakers are considering legislation that would allow the state to audit the citizenship status of voters who use the affidavit process.
HB 1569 was one of several election-related measures approved by lawmakers in 2024. Supporters argued the law would strengthen confidence in elections by requiring more documentation from voters. Opponents challenged portions of the law in federal court, arguing the changes could create barriers for eligible voters who lack immediate access to certain documents.
The court’s ruling is preliminary and does not resolve the underlying lawsuit. The affidavit process for proving citizenship will remain available until further court action or a final decision in the case.