Supreme Court lets New Hampshire bar student IDs as voter ID

By Jack Newsome, 
updated on October 23, 2026

The Supreme Court allowed New Hampshire to reject student IDs for voting in next month's midterms, siding with state election safeguards over a late court order.

Fox News reported that on Thursday the U.S. Supreme Court cleared New Hampshire officials to refuse student IDs as valid identification when voters cast ballots. The order is not a final ruling on the merits. The underlying case remains open.

The majority rested on the Purcell Principle, the long-standing rule that courts should avoid last-minute election changes that risk confusing voters and election workers. Just weeks before the midterms, the justices found no good reason to upend New Hampshire's rules.

House Bill 323, signed by Gov. Kelly Ayotte in April and effective June 2, removed student IDs from the list of identification expressly treated as valid for obtaining a ballot. Secretary of State David Scanlan then issued guidance to local officials and held multiple trainings so the change would be applied as written.

Lower court tried to revise the law near Election Day

A federal district judge earlier held that state officials had gone further than the new statute allowed. The judge ordered them to keep considering student IDs alongside other evidence when a voter lacked another form of ID.

That late intervention is what the Supreme Court blocked. The majority wrote that the district court failed to show any basis for ignoring the Purcell rule against judicial tinkering close to an election. The court also pointed to recent legal fights over Missouri's redistricting maps as a reminder of the same principle.

The majority put it plainly:

"Here, the District Court did not point to anything that would justify deviating from that principle,"

Justice Ketanji Brown Jackson dissented. She argued the lower court was stopping material misrepresentations about state election rules, not creating confusion.

"When a federal court determines that material misrepresentations are being made about a State’s election rules, an injunction to prohibit that conduct does not contribute to public confusion, it prevents that very problem,"

Jackson added that she would have left the district court's order in place to keep the public informed about how the state's electoral process actually works.

"I would not disturb a clearly justifiable federal-court order issued to ensure that the public receives accurate information about a State’s electoral processes,"

New Hampshire defends the law as written

Republican Attorney General John Formella welcomed the high court's move as a defense of orderly elections and clear statutes. He framed the case as a fight against last-minute judicial orders that leave voters and poll workers guessing.

"New Hampshire has a responsibility to protect the integrity of its elections and ensure that election laws are applied as written,"

Formella said the decision helps stop uncertainty right before voters head to the polls and pledged to keep defending the state's safeguards.

"The Supreme Court’s decision is an important victory for our efforts to defend those laws and prevent last-minute court orders from creating uncertainty for voters and election officials. We will continue to defend New Hampshire’s election laws and the safeguards they provide,"

The sequence is straightforward. Lawmakers and the governor changed the ID list in April. The statute took effect June 2. The secretary of state trained local officials. A lower court then ordered a different practice. The Supreme Court restored the state's written rule for the coming midterms under the Purcell standard.

Nothing in the order settles every legal question in the case. It does settle who sets the rules on the ground next month: New Hampshire officials applying the statute the legislature passed and the governor signed, not a late federal revise of what counts as valid ID.

Election rules belong in statute and clear guidance, not in rushed court orders weeks before ballots are cast. New Hampshire wrote the law; the Supreme Court let the state enforce it.

About Jack Newsome

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