Staff reports 4:50 a.m.
Saturday, December 13, 2025 4:50 am

CONCORD - A lawsuit challenging the constitutionality of the State's absentee ballot identification verification law was dismissed by the Rockingham County Superior Court on Friday.

The case of Robertson et al. v. Scanlan et al. was thrown out with the court noting that the identification requirement for absentee voters "aligns the requirements to obtain an absentee ballot with the requirements to obtain an in-person ballot."

The plaintiffs argued that the statute imposed unconstitutional burdens on absentee voters and created unequal treatment compared to in-person voters. The Court rejected those claims and upheld the law in its entirety, according to a press release sent out from the state Attorney Generals Office.

"We appreciate the Court's recognition that the identification requirements for absentee voters are reasonable, constitutional, and consistent with New Hampshire's long-standing election practices," said Attorney General John M. Formella. "This decision confirms that the Legislature acted within its authority to strengthen the integrity and consistency of our election system. I also want to acknowledge the excellent work of our Civil Litigation Unit in defending the statute."

In a detailed written order, the Court also determined that:

• RSA 657:17-c imposes only "reasonable, nondiscriminatory" obligations on absentee voters.
• The law "does not unreasonably burden the right to vote."
• The Legislature acted within its constitutional authority in establishing uniform identification standards to support secure and consistent election administration.

The Court also rejected the plaintiffs' arguments related to alleged disparate impacts, concluding that the requirements apply uniformly to all absentee voters and reflect existing, longstanding identification procedures used at the polls.

"New Hampshire's election system has always been grounded in secure processes and equal treatment for all voters," said Secretary of State David M. Scanlan. "The Court's ruling confirms that applying the same identification expectations across absentee and in-person voting is both reasonable and necessary for maintaining public confidence."

RSA 657:17-c, enacted earlier this year as Senate Bill 287 and signed into law by Governor Ayotte on August 1, requires absentee voters to provide a photocopy or digital image of a valid form of identification--or to complete a voter identity affidavit--when returning their absentee ballot application. This is the same standard required for in-person voters, who must present an acceptable form of photo identification or execute a voter affidavit at the polling place.

The Court noted that this framework maintains accessibility by offering multiple options for compliance and reinforces uniformity across voting methods.