U.S. Supreme Court Stays Lower Court Order Involving Explanation of New Hampshire’s Policy on Using Student ID’s to Vote

On October 22, the U.S. Supreme Court issued a stay in Scanlan v Coalition for Open Democracy, 26A512. The vote was 8-1. The issue was whether the Secretary of State’s original directives about using student ID’s should be modified. Here is the Court’s ruling. The dissenter is Justice Ketanji Brown Jackson.

The 2026 session of the New Hampshire legislature had changed the law to delete student ID’s from the list of acceptable ID’s that enable individuals to register to vote, and to vote at the polls. The U.S. District Court upheld the law, but it directed the Secretary of State to revise his instructions to the public. Although the law isn’t clear, it appears that a student ID might still be useful if a voter had no other ID, and the District Court directed the Secretary of State to revise his instructions to say that. The U.S. Court of Appeals declined to interfere with the U.S. District Court order. But now the U.S. Supreme Court has blocked the order of the U.S. District Court, on the basis that the change came too close to the election and therefore could cause confusion.

Poll Suggests Constitution Party May Become Ballot-Qualified in New Hampshire for First Time

A poll for New Hampshire was just released by St. Anselm College Survey Center. In the U.S. Senate race, where Constitution Party nominee Edmond Laplante is the only candidate on the ballot other than the major party nominees, 5% of the respondents say they will vote for “other” (the poll did not mention Laplante). Also, 50% favor the Democrat; 43% favor the Republican; and 2% are undecided.

If Laplante gets 4%, the Constitution Party will be ballot-qualified in New Hampshire for the first time, and will get its own presidential primary in 2028.

In the Governor’s race, where a Libertarian is the only choice on the ballot other than the two major parties, “other” gets 3%.

U.S. District Court in California Enjoins Department of Homeland Security from Ringing Doorbells to Ask if Individuals May Have Voted Illegally

On October 21, U.S. District Court Judge Araceli Martinez-Olguin enjoined the Department of Homeland Security from ringing doorbells in certain neighborhoods in nine states and asking if the inhabitant might have voted even though that inhabitant is not a citizen. The basis for the order is the federal Voting Rights Act, which bars intimidation of voters. California Nurses Association v Mullin, n.d., 4:26cv-10680. The judge stayed her own order until October 23 to give the federal government time to appeal.
Here is the ruling.

Working Families Party Asks Voters Not to Vote for One of its New York Legislative Nominees

The Working Families Party of New York is asking voters not to vote for its nominee in the 113th Assembly district. See this story. The party says he is an insincere member. The Working Families Party has 77 nominees this year for the 150 seats in the Assembly. Thomas Kenny is one of the three nominees who is not also the Democratic Party nominee.

California Lawsuit on Whether Federal Government Can Force Impoundment of Some California Ballots Will be Heard October 30

A U.S. District Court will hear U.S.A. v State of California, c.d., 2:26cv-12025, on Friday, October 30, at 8:30 a.m. This is the case in which the federal government demands that approximately 20,000 ballots be set aside and not counted. The hearing will be in Santa Ana.

Here is the brief of the Los Angeles County Registrar of Voters, Dean Logan, in opposition to the federal government’s position.

The case has been transferred to U.S. District Court Judge David O. Carter, a Clinton appointee.