Scanlan and Formella ask the Supreme Court to pause the student-ID injunction

David M. ScanlanNew Hampshire secretary of state, applying jointly with Attorney General John Formella through Solicitor General Anthony J. Galdieri

Scanlan and Attorney General John Formella ask the Supreme Court to pause the injunction while they appeal, arguing that the district court misread state law and that late changes to election rules risk confusion.

“the district court premised relief on an incorrect interpretation of New Hampshire law. But even if the merits were “not entirely clearcut,” the Purcell principle overwhelmingly supports a stay of the district court’s order. ... This Court should stay the district court’s orders pending proceedings in the court of appeals and in this Court.”

Original text

Read the original text (opens in a new tab)New Hampshire application for a stay in Coalition for Open Democracy v. ScanlanApplication, introduction and arguments concerning election timing and state law

Original text

Read the original text (opens in a new tab)Student-ID litigation orders attached to New Hampshire's Supreme Court applicationAppendix: district court opinion and injunction; stay denials; First Circuit order
Red, white and blue curtains on voting booths at a Nashua polling station.
Credit: MarkBuckawicki

Where this statement fits

New Hampshire asks the Supreme Court to pause the student-ID ruling; challengers oppose the exclusion

New Hampshire asks the Supreme Court to pause an injunction allowing election officials to consider student IDs with other evidence of identity. The Coalition for Open Democracy, which brought the lawsuit, and its lawyers defend the injunction and continue challenging HB 323, the separate law removing student IDs from the list of accepted IDs.

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Source and context

Original text

New Hampshire application for a stay in Coalition for Open Democracy v. Scanlan (opens in a new tab)Application, introduction and arguments concerning election timing and state law

About this source

The state asks to pause the injunction pending appeal. It argues that new instructions shortly before the election risk confusion and that the district court misread state law.

Original text

Student-ID litigation orders attached to New Hampshire's Supreme Court application (opens in a new tab)Appendix: district court opinion and injunction; stay denials; First Circuit order

About this source

The appendix preserves the distinction between HB 323's list of mandatory IDs and the broader directive excluding student IDs from consideration as other evidence of identity.

Before the quotation

On October 2, the district court left HB 323 in place but blocked the April 23 directive to the extent it barred officials from considering student IDs as evidence of identity. The First Circuit denied a stay on October 14.

After the quotation

The application relies on Purcell v. Gonzalez, a 2006 Supreme Court decision cautioning federal courts against changing election rules close to an election. It also asks for an immediate administrative stay while the Court considers the request.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

The reference point is the state's categorical exclusion of student IDs from consideration under existing identity-verification safeguards, the rule in the April 23 directive that the district court blocked on October 2. Scanlan and Formella ask the Court to stay that injunction while they appeal, arguing that it rests on "an incorrect interpretation of New Hampshire law", so we labeled the filing Defended or excused. The closest competing label is Challenged the characterization, since the filing disputes the court's reading of state law; it loses because the application asks to let the state keep enforcing the exclusion while the appeal proceeds.

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More from this case

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Tentarelli supports considering student IDs with other evidence

Liz Tentarelli

“We at the League of Women Voters New Hampshire think this is a good ruling that student IDs should be considered in spite of the law passed last spring. ... It’s upsetting that this bill passed last spring ... But when it got extended by the Secretary of State to include voter registration, that was an assumption that was not spelled out in the bill”
Read statement

RNC defends New Hampshire's student-ID restriction

Republican National Committee

“We’re standing in the way of this blatant power grab and keeping elections in the Granite State secure ... Democrats and their allies waited until the eleventh hour to launch an all-out attack on voter ID.”
Read statement

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The Dispute Index
Title
Scanlan and Formella ask the Supreme Court to pause the student-ID injunction
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https://disputeindex.com/events/5893-scanlan-and-attorney-general-john-formella-ask-the

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The Dispute Index. "Scanlan and Formella ask the Supreme Court to pause the student-ID injunction". First published: 2026-10-18. Last updated: 2026-10-18. https://disputeindex.com/events/5893-scanlan-and-attorney-general-john-formella-ask-the