Federal judge strikes down New Hampshire 'proof of citizenship' law

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A federal judge has overturned a New Hampshire law that required unregistered voters to provide proof of citizenship to cast ballots in state elections.

The ruling late Thursday by U.S. District Court judge Samantha Elliott sided with the American Civil Liberties Union and other groups who sued to block the law, saying the requirement for new voters to provide a birth certificate or valid U.S. passport to cast a ballot on election day was unconstitutional.

“New Hampshire’s interest in election integrity cannot justify the burden on New Hampshire voters based on the evidence in this case," Elliot wrote in the 98-page ruling.

Elliot said the state Attorney General's office, which defended the law during a recent trial, didn't provide "conclusive proof" that non-citizens were regularly voting in New Hampshire elections. She pointed to testimony during the trial that only one person in 26 years has been charged with voter fraud, while a few people with permanent resident cards were allowed to vote due to confusion by local clerks.

"Such miniscule numbers strongly undercut any legitimate concern about election integrity vis-à-vis noncitizen voting and, consequently, the state’s interest in addressing it,” Elliott wrote.

The decision, which goes into effect immediately, means New Hampshire voters who arrive at the polls in this fall's midterm elections without a birth certificate or passport will be allowed to use a "legally-binding" affidavit to register to vote and cast a ballot.

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