Concord, NH – Attorney General John M. Formella announces that on November 3, 2023, the Hillsborough South Superior Court issued an order granting the State’s motion to dismiss in the matter 603 Forward, et al. v. David M. Scanlan, et al., Docket Nos. 226-2022-CV-00233 & 226-2022-CV-00236.

This consolidated case involved several individual plaintiffs and organizational plaintiffs challenging Laws 2022, chapter 239 (known as “SB 418”), which requires voters registering for the first time in New Hampshire on election day without sufficient proof of identity to vote by “affidavit ballot.” The plaintiffs sought a declaration that SB 418 violates several provisions of the New Hampshire Constitution. The State moved to dismiss, arguing that the plaintiffs lacked standing to challenge SB 418.

The Superior Court ruled that the individual plaintiffs (who are already registered New Hampshire voters) lacked standing because they could not be subject to SB 418’s affidavit ballot requirements and because they did not otherwise have taxpayer standing. The Superior Court further ruled that the organizational plaintiffs did not have standing under the “diversion of resources” theory of standing. A copy of the Superior Court’s order is attached.

The Superior Court’s dismissal order is not final and may be the subject to a motion for reconsideration or an appeal to the New Hampshire Supreme Court.