Jackson says lower court sought to correct misleading New Hampshire guidance

Ayotte’s 2026 law removed student IDs; voter ID dates to 2012

Ketanji Brown Jackson, whom The Guardian described as a member of the court’s liberal wing, dissented from the majority in the unsigned order by which the Supreme Court cleared the way for New Hampshire to prohibit student IDs at the polls. Jackson argued the lower court did not err when it blocked the state’s directive, because the lower-court judge was asking state officials to correct guidance that “could mislead voters and local election workers.” The justices did not disclose how they voted on the matter.

The challenge stemmed from a directive that New Hampshire state officials issued earlier in 2026, which stated that student IDs could not be used as a form of identification when voting at the polls, even as a backup under what is known as “safety valve” identification. A lower-court judge blocked the directive, and state officials asked the Supreme Court to intervene. In the brief unsigned order, the justices sided with a Republican National Committee-backed appeal and cited a longstanding rule that lower federal courts should not “alter election rules” too close to election day.

New Hampshire has required voters to present an ID to vote since 2012. Earlier in 2026, Republican Gov. Kelly Ayotte signed a law tightening the rules by removing student IDs from the list of standard forms of voter ID.

A photograph accompanying The Guardian’s report showed voters casting ballots during a primary election in Hooksett, New Hampshire, on September 8, 2026 — credited to Mel Musto/Bloomberg via Getty Images.

Voting-rights advocates challenged the directive, arguing that it would disenfranchise young and low-income voters, including young voters who may not have access to a driver’s license or passport. They also argue that voter ID laws can disenfranchise low-income voters who may not be able to afford a government-issued ID, voters who may not have access to official documents such as a birth certificate to obtain an ID, and rural voters who may not be able to go to a location with ID services, among others.

Republicans insisted the directive was needed to combat voter fraud. The dispute is part of a national debate in which Donald Trump and other top Republicans argue that voter ID laws are necessary to prevent mass voter fraud. The Guardian reported that there is little evidence that voter fraud affects the outcome of elections, and that Trump and his allies have promoted voter-identification initiatives to persuade lawmakers and conservative voters to back requirements for identification at the polls.