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
CONCORD, N.H. - Last night, the federal court in New Hampshire struck down the state’s 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’s 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.
“Today’s ruling is a victory for all Granite State voters. New Hampshire’s elections have always been safe, secure, and accurate – and this law could have unconstitutionally and needlessly prevented thousands of eligible voters from casting a ballot,” said Henry Klementowicz, deputy legal director of the ACLU of New Hampshire. “Making 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.”
The lawsuit was filed by the ACLU of New Hampshire, American Civil Liberties Union, 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’s decision, the law "constitutes an unjustifiable burden on the right to vote in violation of the First and Fourteenth Amendments,” “does little, if anything, to further the state’s interests,” and also “violates voters’ rights to procedural due process.”
Despite the proven accuracy, reliability, and security of New Hampshire’s elections, HB 1569—which was signed into law by former Governor Chris Sununu in 2024— made fundamental changes to the state's election law that violate the First and 14th Amendments of the U.S. Constitution.
“While we witness escalating attacks on voting rights nationwide, New Hampshire’s HB 1569 represented yet another substantial barrier to the ballot box,” Jacob van Leer, staff attorney with the national ACLU’s Voting Rights Project. “As 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.”
HB 1569 required documentary proof of citizenship for voter registration — documents like a passport or birth certificate, which many people do not have or cannot easily access — making it materially harder, if not impossible, for thousands of New Hampshire citizens to exercise their right to vote.
The Court’s 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.
“This decision sends a clear message that constitutional rights do not end when voting begins,” said Marcia Johnson, chief of activation and justice for the League of Women Voters. “Eligible 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’ 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.
“This decision is a victory for New Hampshire voters and for the fundamental freedom to vote,” said Liz Tentarelli, president, League of Women Voters of New Hampshire. “Granite 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.”
“This court decision is a victory for every Granite State voter and their ability to vote in this year’s primary and midterm elections,” said Olivia Zink, executive director of Open Democracy NH. “This 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.”
The court's decision can be read here: https://assets.aclu.org/live/uploads/2026/05/NH-trial-order.pdf
Voting Rights
Coalition for Open Democracy v. Scanlan
Voting Rights
Coalition for Open Democracy v. Scanlan
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Press ReleaseMay 2026
Voting Rights
Voting Rights Groups Successfully Block Discriminatory Alabama Congressional Map. Explore Press Release.Voting Rights Groups Successfully Block Discriminatory Alabama Congressional Map
Today, the three-judge district court in Milligan v. Allen again blocked Alabama from using a 2023 congressional map that the court found was “tainted by intentional race-based discrimination.” The order reinstates the court’s remedial map with two Black opportunity districts, which Alabama used in the 2024 elections and the May 2026 primary elections. Two weeks ago, Alabama attempted to return to its discriminatory 2023 map after the Supreme Court sent the case back to the district court to review again in light of the Supreme Court’s recent decision in Louisiana v. Callais. In its ruling, the district court again sided with the Milligan plaintiffs in finding that Alabama’s 2023 map violates the Constitution. The Milligan plaintiffs are the only group of plaintiffs who have succeeded on this claim. The plaintiffs in the Milligan case are Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the Legal Defense Fund, American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb. In response, plaintiffs and counsel issued the following statement: “We are thankful that the district court has again vindicated the constitutional rights of voters in the Black Belt, and we look forward to voting under a fair map this fall. The court saw through Alabama’s blatant attempt to reinstate a race-based congressional map that the legislature deliberately enacted to deny Black voters a voice in Congress. As testimony at Friday’s hearing confirmed, state officials do not have enough time to switch maps before the August primary without spawning chaos and potentially serious errors. Rather than accept this reality, state officials have knowingly sown confusion and doubled-down on their attacks on Black voters. The court’s order today to reinstate the Milligan remedial map is a crucial victory for fair representation and brings necessary clarity to the state’s 2026 elections.” In 2021, the Milligan plaintiffs challenged a 2021 Alabama congressional map that unlawfully diluted Black political power. In 2023, the Supreme Court affirmed a lower court’s ruling striking down the 2021 map. That same year, the Alabama legislature drew another map. After weeks of trial, the district court ruled that Alabama’s 2023 map had a discriminatory result in violation of Section 2 of the Voting Rights Act and that the legislature had intentionally discriminated against Black voters in violation of the U.S. Constitution. Among other evidence, the court found that the legislature intentionally set a racial target, drew districts that it knew violated the 2023 Supreme Court ruling, and explicitly sought to protect a white community based on its “French and Spanish colonial heritage” at the expense of the large Black community in Alabama’s Black Belt. In 2023 and again in 2025, the court struck down the 2023 map and ordered the use of Alabama’s current court-drawn map. This court-drawn map was used in the 2024 election, and voters have already cast ballots under it in the 2026 primary elections. This month, the Supreme Court vacated the injunction requiring the Secretary of State of Alabama to use the court-ordered map with two Black opportunity districts. Rather than rule on the case, the Supreme Court returned it to the district court to reexamine its prior decisions in light of the devastating and profoundly flawed ruling in Louisiana v. Callais, in which the court greatly weakened Section 2 of the Voting Rights Act. In response to the Supreme Court’s actions, the Milligan plaintiffs immediately filed for a temporary restraining order and then a preliminary injunction to keep the current court-ordered map in place for 2026. The district court has set this case to be ready for re-trial no later than January 2027. Alabama state officials filed a notice to appeal to the Supreme Court. -
Press ReleaseMay 2026
Voting Rights
Federal Court Dismisses Doj Attempt To Access Maine’s Unredacted Voter File. Explore Press Release.Federal Court Dismisses DOJ Attempt to Access Maine’s Unredacted Voter File
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Press ReleaseMay 2026
Voting Rights
Federal Court Rules For Wisconsin Voters, Rejects Trump Administration Demand For Private Voter Data. Explore Press Release.Federal Court Rules for Wisconsin Voters, Rejects Trump Administration Demand for Private Voter Data
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AlaskaMay 2026
Voting Rights
League Of Women Voters Of Alaska V. Nancy Dahlstrom. Explore Case.League of Women Voters of Alaska v. Nancy Dahlstrom
On behalf of the League of Women Voters of Alaska, the Alaska Black Caucus, and the Alaska Public Interest Research Group, the ACLU Voting Rights Project, the ACLU of Alaska, and the Electronic Privacy Information Center have filed a lawsuit against the Lieutenant Governor of Alaska and the Director of Alaska’s Division of Elections over the state’s compliance with the U.S. Department of Justice’s request for Alaska’s full, unredacted voter file. The Department of Justice demanded the complete voter record, which includes voters’ sensitive personal data, such as drivers’ license numbers and partial Social Security numbers.