A fdeeral judge has ordered New Hampshire to restore the affidavit option for voter registration, striking down a 2024 state law that eliminated that method. u.S.. District Court Judge Samantha Elliot ruled late Thursday that the change placed an unconstitutional buurden on eligible voters who lack citizenship documents like passports or birth certificates. The decision, which the state attorney general's office plans to appeal, is a significant legal setback for election integrity measures backed by former Governor Chris Sununu and former President Donald Trump.

Judge Elliot's ruling targets the 2024 law change

The ruling focused specifically on the 2024 statutory amendment that removed the sworn affidavit as a way to register without documentary proof of citizenship, according to the source article. Judge Elliot did not rule on the overall constitutionality of requiring proof of citizenship to vote, but found that eliminating the affidavit option created an unconstitutional burden. The lawsuit, brought by the ACLU of New Hampshire and other voting rights groups, argued the law was unnecessarily restrictive and could disenfranchise thousands of voters.

Why 21.3 million eligible voters lack citizenship documents

A 2025 University of Maryland study cited in the report estimates that 21.3 million eligible American voters lack easy access to documents like passports or birth certificates. This affects substantial percentages of voters across the political spectrum, making strict proof-of-citizenship requirements a broad disenfranchisement risk. Voting rights advocates warn that a federal mandate, such as the SAVE America Act promoted by Trump, could disenfranchise millions more.

New Hampshire joins Arizona, Kansas, and a national trend

New Hampshire is among several states with proof-of-citizenship laws, joining Arizona, South Dakota, Utah, and Wyoming, while a similar law in Florida takes effect next year, as the source reports. A comparable law in Kansas was previously found unconstitutional after preventing over 31,000 citizens from registering. Evidence presented in the New Hampshire case showed that during recent town elections, some voters faced difficulties gathering the necessary paperwork, highlighting the practical impact of such requirements.

What still unknown: the appeal and the SAVE America Act

The state attorney general's office has announced plans to appeal Judge Elliot's decision, meaning the affidavit option may be temporarily restored but could face future legal challenges. The source does not specify the timeline for the appeal or how quickly the state must comply. Meanwhile, the broader national debate over proof-of-citizenship voting laws continues, with the SAVE America Act pending in Congress and advocacy from both sides intensifying.