
The U.S. Supreme Court on Thursday afternoon cleared the way for New Hampshire to bar the use of student identification cards as a valid photo ID to obtain a ballot. In a brief, unsigned order, the justices paused a ruling by a federal judge, citing the principle that lower federal courts should ordinarily not alter election rules on the eve of an election.
Justice Ketanji Brown Jackson was the lone dissenter, arguing that the lower court had issued a targeted order reasonably designed to address alleged misinformation rather than change the law. The underlying law, known as HB 323, was passed by New Hampshire legislators in April and went into effect in June.
The Coalition for Open Democracy, a nonprofit that helps high schools promote and run voter-registration drives, challenged the law in federal court. The nonprofit argued that the measure violates the Constitution by burdening the right to vote and intending to discriminate against young voters. U.S. District Judge Joseph Laplante declined to block the provision that removed student ID cards from the forms of identification expressly valid to obtain a ballot.
However, Laplante barred the state from enforcing a separate directive issued by Secretary of State David Scanlan in April. That directive prohibited or discouraged election officials from considering student IDs as evidence of voter identity under a safety-valve provision for voters lacking qualifying photo identification. After the U.S. Court of Appeals for the 1st Circuit turned down the state’s request to pause that ruling, Scanlan brought the matter to the Supreme Court.
Scanlan argued that the district court’s order required the state to undo extensive preparation steps taken since April, such as publishing student voting guides, updating polling place posters and websites, running social media outreach, and broadcasting radio ads. The Coalition for Open Democracy countered that Laplante enforced the legislature’s statutes against an executive gloss exceeding their reach and noted that the secretary had already revised website guidance.
In its one-paragraph order, the justices stayed Laplante’s ruling while the state’s appeal moves forward.
Source: SCOTUSblog
For ordinary voters, this Supreme Court order means the state’s restriction remains active while the litigation continues. Students and other voters who do not possess qualifying photo identification may still look to the state’s safety-valve provision, which permits a voter to establish identity by other means. Voters who rely solely on student IDs cannot currently use them as the primary required photo ID at the ballot box.
If you face barriers at the polls or have questions about how voting identification rules apply to your specific situation, consulting a qualified attorney can help protect your voting rights.
The high court's pause keeps the state's student ID restriction in full effect while the underlying appeal proceeds through the legal system.
Students who rely exclusively on school-issued identification cards may face extra hurdles when attempting to cast a ballot.
The litigation will continue in the federal appeals court, which will eventually decide the constitutionality of the state's voting restrictions.
Voters affected by the student ID restriction should review alternative identification rules or investigate the safety-valve provision before voting.
| Party | Legal Position or Action |
|---|---|
| Coalition for Open Democracy | Argued HB 323 burdens the right to vote and discriminates against young voters. |
| Secretary of State David Scanlan | Asked Supreme Court to pause lower ruling to prevent election disruption. |
| U.S. District Judge Joseph Laplante | Blocked enforcement of a directive discouraging election officials from safety-valve evidence. |
| U.S. Supreme Court | Stayed the lower court ruling pending appeal based on the Purcell principle. |
Source: SCOTUSblog
This article is general information based on SCOTUSblog and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 23, 2026.
Source: SCOTUSblog
The U.S. Supreme Court issued an emergency order allowing New Hampshire to keep its guidance barring student ID cards for voting in the November election.
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