New Hampshire’s top election official is pushing back against a new federal directive that could expand Washington’s role in how states manage voting systems.
Secretary of State David Scanlan said the federal government cannot override New Hampshire’s constitutional authority to administer elections. His response follows an executive order from President Donald Trump that calls for increased federal involvement in voter data collection and mail-in voting procedures.
The order directs states to work with the Department of Homeland Security to compile lists of eligible U.S. voters. It also instructs the U.S. Postal Service to limit the distribution of mail-in ballots to individuals whose eligibility has been verified.
Scanlan said New Hampshire intends to maintain control over its election process.
“New Hampshire has long exercised that authority in a way that ensures elections are secure, transparent, and trustworthy,” he said in a statement.
Under current state law, absentee voting is limited to specific circumstances, and voters must meet identification requirements. Since last year, absentee voters have been required to provide photo ID along with documentation confirming age and residency. First-time voters must also provide proof of U.S. citizenship.
Scanlan argued that the federal order could conflict with both state and federal statutes, particularly those designed to protect voter privacy.
“The federal government cannot usurp New Hampshire’s express constitutional authority to run elections,” he said, adding that the state cannot be compelled to violate its own laws or existing protections around voter information.
The dispute comes amid an ongoing legal battle between New Hampshire and federal officials.
Last September, the Trump administration filed a lawsuit against New Hampshire and other states after election officials declined to provide access to certain voter records. State officials cited privacy concerns in refusing the request.
Earlier this year, New Hampshire election officials — along with a bipartisan group of residents — asked a court to dismiss the case. A response from the federal government has not yet been filed.
The issue highlights a broader national debate over the balance of power between states and the federal government when it comes to overseeing elections.
