The order

The US Supreme Court on Thursday, 22 October, cleared the way for New Hampshire to bar student IDs as a backup means of proving identity at the polls in the midterm elections. The justices granted an emergency appeal backed by the Republican National Committee (RNC). The one-paragraph order did not include a vote count, which is typical for such emergency orders. Justice Ketanji Brown Jackson, a member of the court's liberal wing, was the only justice to publicly dissent.

The justices relied on a long-standing principle that courts should generally avoid changing voting rules right before an election. Jackson argued that the lower court judge had merely asked state officials to correct guidance that he found misleading to voters.

How the dispute started

A state law passed earlier this year removed student IDs from the list of standard voter identification, and Republican Governor Kelly Ayotte signed it, according to The Guardian. Secretary of State David Scanlan then ordered election officials not to consider student IDs, even alongside other documents, for voters who struggled to establish their identity at check-in or when requesting absentee ballots. New Hampshire has required voters to show an ID since 2012.

The Coalition for Open Democracy, a nonprofit that defends voting rights, challenged the directive. It argued the rule created unlawful obstacles and discriminated against young voters, who may not have a driver's license or passport. Federal judge Joseph Laplante left the law in place but blocked the guidance in early October, concluding that Scanlan's instructions went beyond the statute. The law barred student IDs as primary identification but did not expressly forbid using them as backup, which led the state to appeal.

The Republican case and the Senate race

State Rep. Donald McFarlane introduced the legislation, arguing that academic institutions do not apply the same credentialing standards as government agencies. In an email, he responded to the ruling:

“Today's Supreme Court decision is a victory for common sense.”

McFarlane said the measure applies one government-issued ID standard to all voters and that students can obtain free state IDs. Republicans insisted the directive was needed to combat voter fraud.

The order arrives less than two weeks before the 3 November vote in a closely contested US Senate race. Former Republican senator John E. Sununu faces Democratic congressman Chris Pappas for the seat held by Democrat Jeanne Shaheen, who is retiring. Bloomberg reported that Democrats are defending the seat. The New York Times noted that it is not clear how many voters the court's action will affect.

The wider debate

The dispute reflects a national argument pushed by President Donald Trump and other top Republicans, who say voter ID laws are needed to prevent mass voter fraud. Voting rights advocates counter that ID requirements can disenfranchise low-income voters who cannot afford a government-issued ID, voters without access to documents such as a birth certificate, and rural voters who live far from ID services.