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New Hampshire
Lawsuit challenges New Hampshire’s voter ID requirements – Valley News
Soon after Joshua Bogden attempted to register to vote on the day of Portsmouth’s municipal elections Nov. 11, he faced a tough decision.
Bogden had not brought along a passport or birth certificate to prove his citizenship. And though he had previously been registered and voted in Wilton, poll workers told Bogden he needed to leave and return with one of those physical documents.
Bogden could either drive to city hall and request a same-day copy of his birth certificate, or rush home and find his own copy. But he had only hours until the polls closed, and only minutes before Portsmouth stopped its birth certificate service at 4:30.
In the end, Bogden decided to drive home and chance that he could find the certificate, he said during a press conference Thursday. He did find it and was able to vote. But the hassle he faced is at the center of arguments by some that recent changes to New Hampshire’s voter registration laws are too strict and will result in frustrated voters choosing not to vote.
“Luckily, I lived nearby,” he said. “But if there had been any more sort of traffic or anything in my personal life — going home to pick up the kids, trying to do this after work — there’s no way I would have been able to come back and vote successfully.”
Since a new law took effect November 2024, New Hampshire voters are required to produce hard copies of citizenship documents the first time they register to vote in the state. The law eliminated the previous option for voters registering on Election Day to sign a “qualified voter affidavit” that allowed them to vote without proving citizenship by testifying on penalty of perjury that they were a U.S. citizen.
Republican supporters of the law, House Bill 1569, say the new requirements are reasonable and necessary to close loopholes that could allow non-citizens to vote, and that voters should prepare by obtaining their citizenship documents in advance
Lawmakers also passed a follow-up law in 2025, House Bill 464, that allows local election officials to access the Statewide Voter Registration System, New Hampshire Vital Records, and Division of Motor Vehicle databases in order to attempt to corroborate a resident’s citizenship.
But a number of voting rights groups are suing in federal court to block the law, arguing it creates an unconstitutional burden and that it will disenfranchise eligible voters, especially those for whom obtaining a passport or birth certificate could be difficult.
In the meantime, the October and November municipal elections have offered a fresh look into how the new law might affect voting in practice.
According to a tally by the New Hampshire Campaign for Voting Rights, 123 voters were turned away from the polls due to a lack of documents. Combined with the 121 residents the group reported were turned away for the same reason during town meetings in spring, at least 244 people were turned away in 2025, the group says.
Voting rights advocates and Democrats argue those tallies are a cautionary tale for the state ahead of the September 2026 state primaries and the November 2026 midterm federal election. Many more people are likely to vote in those elections, and many more who don’t bring along their citizenship documentation could be turned away, advocates warn.
They hope U.S. District Court Judge Samantha Elliott, who is presiding over the lawsuit, will issue an injunction ahead of the midterms. A full evidentiary trial in that case is expected in February.
At Thursday’s press conference, advocates attempted to show the difficulty posed by the new documentary requirements, which election law experts have called the strictest in the country.
In addition to Bogden, Brayden Rumsey, a Dover voter, said he had to drive home to retrieve his passport in order to vote Nov. 11. Rumsey was not aware of the new citizenship documentation requirements; he had assumed that showing a REAL ID driver’s license would suffice, since to obtain it he had been required to show his passport.
“I have my own car. I have my own way of getting there. I don’t have any kids to take care of. I have access to a passport and access to my birth certificate that I could easily get,” he said. “I know a lot of people don’t have that privilege like I do.”
And Michael Blanchette, who recently moved from Concord to Manchester, said he had called the city ahead of the Nov. 11 election to get confirmation of his citizenship using his previous registration and presence on the voter database. But despite that confirmation, Blanchette said he was still asked for citizenship documentation at the Manchester Ward 7 polls, and had to wait an hour for multiple election workers and city officials to clear him to vote.
“(I knew) if I went back home and took my pain meds, I was not coming back out,” he said. “And it was now or never. So I stuck through it. I didn’t realize it would just drag on.”
Linnea Hartsuyker, a supervisor of the checklist in Dover’s Ward 5, said she had seen at least one prospective voter leave and not return once learning of the requirements.
Hartsuyker said the 2025 law providing election workers access to the state voter file proved helpful, allowing her to verify at least those voters who had already registered. That remedy would not have worked for new voters who moved from out of state, she said.
“Last year at the general (election) I and my team registered 50 people per hour for 12 hours,” she said. “That’s almost one person per minute with the old system, and I am quite worried about being able to do that in the coming election, at the midterms.”
Access to those state databases might vary from polling place to polling place depending on internet availability and the amount of time and manpower available during a rush of voters, critics say. Rumsey and Blanchette said workers at their polling places did not appear to have direct access to those databases, necessitating calls to city hall officials.
It is not clear how the apparent tallies of voters turned away from voting might affect the trial in next year’s lawsuit.
In a July 29 ruling, Elliott ruled that some of the plaintiffs in the lawsuit, filed in 2024, lacked standing because their experiences did not directly demonstrate a potential unconstitutional barrier to voting. But she granted standing to other plaintiffs, such as the Coalition for Open Democracy, the League of Women Voters of New Hampshire, the Forward Foundation, and three plaintiffs who were minors but planned to register to vote when they turned 18 and said the need to procure documentation was a burden.
The Attorney General’s Office has defended the law and said the constitutional challenges are not substantiated. In a Nov. 7 memorandum asking Elliott to dismiss the case, Assistant Attorney General Michael DeGrandis argued that the law struck a balance between allowing every eligible person to vote and safeguarding the process from fraud.
“New Hampshire pairs that open access with commonsense eligibility checks so only the votes of eligible voters are counted,” DeGrandis wrote. “Striking this balance is essential to guarantee an election system that is both welcoming and vigilant in protecting the integrity of the ballot.”
And he wrote that the law does not impede the organizations suing, and that the individual plaintiffs “have not offered competent evidence of cognizable injuries.”
“It is Plaintiffs’ burden to come forward with definite, competent evidence of injury, causation, and redressability, but they have not,” DeGrandis wrote.
What employers are getting wrong, and how to fix it before it becomes a claim
New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.
Notice compliance
One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.
At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)
Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:
• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.
• deductions made from the employee’s payroll check, for each period such deductions are made.
• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)
Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.
Two-hour minimum (reporting pay)
Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.
Salaried vs. hourly employees
Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.
Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.
Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.
Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.
Local News
“Our family wants to know what happened, who did this and why,” said the family of the victim.
A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.
“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”
Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.
Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.
The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.
As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.
Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.
“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.
The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.
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