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Must New Hampshire hand its full voter list to the Justice Department?

United States v. NH Secretary of State

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At a glance

The Justice Department sued to make New Hampshire turn over its unredacted voter list. A judge dismissed the suit in June 2026; the government's appeal is set for argument December 10.

  1. What happened · 5 steps
    1. Justice Department sues for the voter listSep 2025

      After New Hampshire declined written requests, the United States sued to obtain its full voter list and related records.

    2. Four voters join to defend the stateJan 2026

      The court let four New Hampshire voters join the case on the state's side.

    3. Both sides ask the court to decideFeb 2026

      The government asked the court to order the list produced; the state and the voters asked it to dismiss the suit.

    4. Judge dismisses the suitJun 29, 2026

      The judge held the demand fell outside the civil rights records law and the election-law claim lacked supporting facts.

    5. Government appealsJul 2026

      The United States appealed the dismissal to the First Circuit.

  2. No voter list has to be handed over

    The suit is dismissed, so New Hampshire does not have to give the Justice Department its voter list unless the appeal succeeds.

  3. Still open

    Whether the First Circuit revives the government's suit; argument is set for December 10, 2026.

Where it stands

Oral argument

The First Circuit will hear argument in Boston. · Dec 10, 2026

The suit was dismissed in the district court and is now before the First Circuit.

Follow what's happening

  1. Suit filed

    Sep 25, 2025

    The United States sues for New Hampshire's voter list.

  2. Motions to dismiss

    Jun 29, 2026

    Judge dismisses the suit; judgment entered the next day.

  3. Appeal of the dismissal

    Jul 6, 2026

    The United States appeals to the First Circuit.

  4. Oral argument

    Dec 10, 2026

    The First Circuit will hear argument in Boston.

The parties

United States

Plaintiff; appellant

The federal government, through the Justice Department

Wants

New Hampshire's full, unredacted voter list

Key arguments

  • Civil Rights Act lets it demand state voter records

    Rejected; on appeal. Final ruling. The judge held the law reaches records voters submit, not a list officials create

  • The state's list upkeep may break federal law

    Rejected: too few facts. Final ruling. A below-average rate of removing duplicates was not enough to state a claim

Represented by

Counsel not recorded in this snapshot

New Hampshire and voter intervenors

Defendants and intervenors; appellees

The state, Secretary of State Scanlan, and four NH voters

Wants

Keep the dismissal in place

Key arguments

  • The voter list isn't a record that law reaches

    Accepted; on appeal. Final ruling. The judge read the law to cover records officials receive, not ones they create

  • The government alleged no real election-law breach

    Accepted; on appeal. Final ruling

  • Privacy and state-law limits bar handing it over

    Not reached. The judge dismissed on other grounds and did not decide these points

Represented by

Counsel not recorded in this snapshot

Supporting plaintiff; appellant: Liberty Legal Foundation (on appeal)

Supporting defendants and intervenors; appellees: Democratic National Committee and ACLU of New Hampshire and League of Women Voters of New Hampshire and Former U.S. Justice Department employees and State of Maryland

Content snapshot as of .