New Hampshire’s voter registration rules are in a complicated state this year, and with the federal midterm elections approaching, Granite Staters who plan to register for the first time need to understand exactly what has changed and what has not. A federal court struck down the state’s strict proof-of-citizenship requirement in May, but the rest of the 2024 law that tightened registration remains firmly in place, according to reporting from the New Hampshire Bulletin.
The bottom line for voters is this: even after the court ruling, first-time registrants will still need to provide documentary proof of their age, identity, and domicile. Those who lack the necessary documents can still be turned away at the polls. With a primary set for Sept. 8 and a general election on Nov. 3, the practical advice from officials and advocates alike is consistent: register early and bring every document you have.
What the Court Did and Did Not Do
The current rules trace back to House Bill 1569, the 2024 Republican law that overhauled voter registration in New Hampshire. Signed by then-Gov. Chris Sununu and effective a week after the November 2024 election, HB 1569 required new voters to bring hard proof of their citizenship, identity, age, and domicile in order to register. For decades before that, New Hampshire law had called for those documents but offered a crucial escape hatch: voters who lacked the paperwork could sign an affidavit swearing, under penalty of voter fraud, that they met the eligibility requirements. HB 1569 eliminated that affidavit option.
Voting rights groups sued, and the cases were consolidated. Importantly, the plaintiffs did not challenge every part of the law. They asked the courts only to strike down the citizenship requirement, which they believed was the most vulnerable, in part because New Hampshire was the only state at the time to require hard proof of citizenship to register. U.S. District Court Judge Samantha Elliott agreed, striking down the citizenship requirement while leaving the proof-of-identity, age, and domicile requirements intact.
The reaction split along familiar lines. Republicans called the decision an unwarranted blow to a commonsense measure. Democrats and voting rights advocates celebrated the pause of a law they argued would disenfranchise eligible voters. Henry Klementowicz, deputy legal director of the American Civil Liberties Union of New Hampshire, said the plaintiffs got all of the relief they asked for and called the outcome a huge victory for voters.
What New Voters Must Now Provide
For anyone registering who is not already on New Hampshire’s voter rolls, whether because they have never voted in the state or because they were removed for not voting in the last five years, the documentary requirements are detailed and strict. Here is what the Secretary of State’s Office and the Bulletin laid out for September and November.
To prove identity, a voter must present a photo driver’s license or photo ID issued by any state or the federal government, a passport, or an armed services ID. Alternatively, a voter can offer any evidence that makes it more likely than not that they are who they say they are, including in-person verification by an election official who personally knows them.
To prove age, and to confirm they will be at least 18 by Election Day, a voter can use any of those same identity documents.
To prove domicile, meaning that they live in the precinct where they intend to vote, a voter must first attempt to provide one of four documents: a New Hampshire driver’s license or non-driver ID card, a New Hampshire vehicle registration, a U.S. government photo ID showing their current New Hampshire address, or a government-issued check, benefit statement, or tax document with their current address. If a voter has none of those, they may attest under penalty of voter fraud that they do not possess them, and then provide a document from a broader list, including a utility bill, a lease, evidence of a property purchase, a school enrollment form, or U.S. Postal Service records. A voter whose name is not on a utility bill or lease, such as a roommate or someone living with family, can submit a written statement from a co-inhabitant, landlord, or manager affirming residence, signed under penalty of perjury.
These documentary requirements are absolute. Failure to satisfy them can result in a prospective voter being denied registration.
How Citizenship Works After the Ruling
Citizenship is where the court ruling changed things. A new voter should still provide documentary proof of citizenship if possible, such as a passport, birth certificate, or naturalization certificate. But thanks to Elliott’s ruling, any first-time registrant who lacks those documents may now sign a qualified voter affidavit, attesting under penalty of voter fraud that they are a U.S. citizen.
The Secretary of State’s Office confirmed it would reinstate that affidavit to comply with the ruling. In a May 29 statement, the office said that until further notice it would reimplement the use of the qualified voter affidavit solely to prove citizenship. Secretary Dave Scanlan nonetheless encouraged registrants to provide documentary proof of citizenship where possible, or to ask election officials to verify citizenship through state records.
A separate new state law adds another verification path. Local election officials with an internet connection can check a state database that confirms citizenship for voters born in New Hampshire who have a state birth certificate, or for those who obtained a REAL ID driver’s license in the state, which itself requires proof of citizenship.
The Advice: Register Early, Bring Everything
Amid the complexity, officials and advocates from across the political spectrum are united on the core message. Olivia Zink, executive director of Open Democracy New Hampshire and a plaintiff in the lawsuit, urged voters to bring everything they have, listing birth certificates and car registrations among the documents worth carrying. Her other key piece of advice is to register before Election Day. Visiting a town or city hall in the weeks ahead clarifies which documents are required and prevents a disappointing surprise at the polls.
Rep. Ross Berry, a Weare Republican who chairs the House Election Law Committee and championed the 2024 law, disagrees with the court ruling and believes a higher court should restore the citizenship requirement. But when it came to advice for voters, he echoed Zink almost exactly, saying simply to register to vote before the election and that doing so in advance is the way to go.
Open Democracy plans to help voters navigate the rules with visual aids, including a grid graphic listing required documents, and outreach to high schools and college students. College students face a specific change worth noting: a newly signed law this year no longer allows student ID cards to prove voter identity, meaning students will need to visit a Division of Motor Vehicles location to obtain a non-driver’s license for $20. We covered that shift in detail in our reporting on the new guidance after student IDs were banned for voter identification.
What Comes Next
The legal fight is not over. A Department of Justice spokesman said on May 29 that the state would appeal, but as of June 8 no notice of appeal had been filed, nor a motion to stay that would freeze the ruling and restore the full 2024 law for the fall elections. For now, the affidavit-for-citizenship framework stands. For background on how the case reached this point, see our earlier coverage of the federal court striking down the proof-of-citizenship law, and for a broader walkthrough of casting a ballot in the state, our New Hampshire elections and voting guide lays out the essentials.
