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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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Should the government's suit for New Hampshire's voter list be dismissed?1st Cir. · Dismissal · Awaiting ruling

The district judge dismissed the suit in June 2026. The United States appealed, and the First Circuit will hear argument on December 10, 2026.

  1. New Hampshire and the voters ask the court to dismiss the suit

    Feb 6 – Jun 30

    Granted on Jun 29

    1. New Hampshire · Asks to dismiss ·

      The state argued the complaint fails to state a claim under either the civil rights records law or the Help America Vote Act.

    2. Voter intervenors · Ask to dismiss ·

      The four voters filed their own motion to dismiss with overlapping arguments.

    3. United States · Opposes ·

      The government argued the records law entitles it to the voter list and that its demand should be enforced like a subpoena.

    4. Voters and New Hampshire · Reply ·

      The voters and the state replied in support of dismissal.

    5. Court · Holds a hearing ·

      Judge Laplante heard argument on the motions to dismiss and the motion to compel.

    6. Court · Dismisses the suit ·

      The judge held the records law covers what officials receive from voters, not a list they create, and the election-law claim lacked facts.

  2. The United States asks the First Circuit to reverse the dismissal

    Jul 6 – Aug 6

    1. United States · Appeals and files its brief ·

      The government appealed the dismissal and filed its opening brief and appendix.

  3. New Hampshire asks the First Circuit to affirm without full briefing

    Sep 1–16

    Denied on Sep 16

    1. New Hampshire · Asks for summary disposition ·

      The state asked the appeals court to decide the appeal quickly on the papers.

    2. United States · Responds ·

      The government responded to the request.

    3. First Circuit · Denies the request ·

      The court denied the request without prejudice and told the state to file its response brief.

  4. Sep 9 – Oct 28

    1. Voter intervenors · File their brief ·

      The four voters filed their appellee brief defending the dismissal.

    2. New Hampshire · Files its brief ·

      The state tendered its appellee brief.

    3. First Circuit · Sets oral argument ·

      The court calendared the appeal for argument on December 10, 2026, in Boston.

  5. Next step: Oral argument

Should New Hampshire be ordered to produce its voter list and records?No: moot once the suit was dismissed · D.N.H. · Merits · Request denied

The government asked the court to order the records produced. The court denied that request as moot when it dismissed the suit.

  1. The United States asks the court to compel production of the records

    Jan 29 – Jun 29

    Denied on Jun 29

    1. United States · Asks to compel production ·

      The government asked the court to order New Hampshire to hand over its voter list and related records under the civil rights records law.

    2. New Hampshire and voters · Oppose ·

      The state and the voter intervenors each objected to the request.

    3. United States · Replies ·

      The government replied in support of its request.

    4. Court · Denies as moot ·

      Having dismissed the suit, the judge denied the request to compel as moot.

Should a member of the public join to limit the voters' role?No: the court denied Hall's request · D.N.H. · Intervention · Request denied

Daniel Hall, without a lawyer, asked to join to limit the voter intervenors' participation. After a hearing, the court denied his request.

  1. Daniel Hall asks to join to limit the voter intervenors' role

    Feb 13 – Apr 21

    Denied on Apr 16

    1. Daniel Hall · Asks to intervene ·

      Hall asked to join for the limited purpose of seeking an order restricting the voter intervenors' participation.

    2. Voter intervenors · Oppose ·

      The voters opposed Hall's request.

    3. Daniel Hall · Replies ·

      Hall replied in support of his request.

    4. United States · Takes no position ·

      The government took no position on Hall's request.

    5. Court · Holds a hearing and denies ·

      Judge Laplante held a short hearing and then denied Hall's motion.

Should four New Hampshire voters be allowed to join the case?Yes: the voters joined the case · D.N.H. · Intervention · Request granted

Four voters asked to join on the state's side. The court let them in over the government's initial opposition.

  1. Four New Hampshire voters ask to join the case to defend the state

    Sep 30, 2025 – Jan 5

    Granted on Jan 5

    1. Voter intervenors · Ask to intervene ·

      Neal Kurk, Robert Perry, Louise Spencer, and Christopher Cole asked to join to protect their own voter data.

    2. United States · Opposes ·

      The government opposed the voters' request.

    3. Voter intervenors · Reply ·

      The voters replied, pointing to orders letting voters intervene in similar Oregon and Michigan suits.

    4. United States · Takes no position ·

      The government then filed a notice taking no position on the request.

    5. Court · Grants intervention ·

      The magistrate judge granted the voters' motion to intervene.

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