The U.S. Supreme Court has paused a lower court order that blocked parts of President Trump’s executive order to restrict mail-in voting. They are allowing Trump to proceed with implementing his executive order, but the court opinion did not rule on the legality of the executive order.
As the legal fight will continue to play out, New Hampshire Secretary of State David Scanlan said he is keeping an eye on the developments.
“At the national level there is still litigation pending over the President’s executive order related to mail-in ballots,” Scanlan said in a statement to NHPR. “Implementation of the Executive Order for the 2026 elections is uncertain. We are monitoring these actions along with the Attorney General’s Office and will make further comment when warranted.”
Scanlan pushed back against the Trump executive order last spring, noting that the state would continue to exercise its authority to ensure “secure, transparent, and trustworthy” elections.
His office previously rejected Trump administration requests for the state’s voter data.
“The Federal government cannot usurp New Hampshire’s express constitutional authority to run elections and cannot compel New Hampshire to violate state and federal election statutes,” Scanlan said in a statement in April.
New Hampshire does not have so-called “no-excuse” mail-in voting. The state does allow for absentee voting by mail.
An eligible voter here can register to vote absentee by mail if they are unable to register and vote in person, as long as they meet certain conditions for voting by absentee ballot, such as a physical disability, employment or child-care commitment, or being out of town on Election Day.
Under a new state law, in place for the midterm elections, New Hampshire election officials have an updated process for voters requesting absentee ballots. Voters requesting an absentee ballot must provide a photo ID, similar to in-person voting.
