The Supreme Court on Thursday ruled that New Hampshire officials may prohibit the use of student IDs at polling places for the upcoming midterm elections. The unsigned, one-paragraph order granted an emergency appeal from the state, which was supported by the Republican National Committee (RNC). The decision allows the state to enforce guidance that prevents student IDs from being used as backup evidence to establish a voter's identity when requesting a ballot.
The legal dispute centers on a state law enacted in April 2026 that removed student IDs from the list of accepted identification for obtaining a ballot. Following the law's passage, the New Hampshire Secretary of State issued guidance barring their use as backup proof of identity. A lower court judge allowed the law to stand but blocked the specific guidance in early October, ruling that officials should still consider student IDs alongside other evidence when a voter lacks alternative identification.
The Supreme Court majority cited the Purcell principle, a legal doctrine stating that federal courts should generally not change election rules shortly before a contest. The Court stated that the district court failed to justify deviating from this principle so close to the November election. Justice Ketanji Brown Jackson issued the sole public dissent, arguing that the lower court's order did not change state rules but rather prevented material misrepresentations about those rules, which she argued would reduce public confusion.
Voters in New Hampshire will notice this change during the midterms, as election officials are now authorized to follow the Secretary of State's guidance excluding student IDs. New Hampshire Attorney General John Formella (R) stated the decision ensures election laws are "applied as written" and prevents last-minute uncertainty for officials. Conversely, the Coalition for Open Democracy, which brought the initial lawsuit, had argued for the inclusion of these IDs.
The ruling reaffirms the Supreme Court's reluctance to allow lower court interventions in state election procedures during the final weeks of a campaign. Because this was an emergency request, the Court noted this is not a final ruling on the merits of the litigation. The case could return to the Supreme Court for a full review after the midterm elections conclude. Currently, the primary deadline for affected voters is Election Day, November 3, 2026, by which time they must secure alternative forms of identification accepted under the April state law.
