Filed Date: Sept. 25, 2025
Case Ongoing
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Filed on September 25, 2025, in the U.S. District Court for the District of New Hampshire, United States v. Scanlan is one of six coordinated enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against state election officials in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota. The suits allege that the defendant states failed to maintain accurate statewide voter registration lists and refused to provide the Attorney General with the records necessary to assess compliance with federal law.
The Department sued the State of New Hampshire and Secretary of State David M. Scanlan in his official capacity, alleging violations of Title III of the Civil Rights Act of 1960 (CRA) and the Help America Vote Act of 2002 (HAVA). The complaint asserts that New Hampshire refused to provide an unredacted copy of its Statewide Voter Registration List (SVRL)—including voters’ names, addresses, birth dates, driver’s license numbers, and the last four digits of Social Security numbers—despite multiple written demands from the Attorney General. The Department also contends that New Hampshire failed to regularly perform required voter list maintenance, citing unusually low removal rates for duplicate and ineligible registrations compared to national averages reported in the 2024 Election Administration and Voting Survey (EAVS).
After written requests on June 25 and August 18, 2025, New Hampshire declined to comply, citing state privacy laws. The Department argues that such laws are preempted by federal statutes, emphasizing that the state already shares similar data fields with the Electronic Registration Information Center (ERIC).
The complaint brings two causes of action:
The United States seeks declaratory and injunctive relief requiring New Hampshire to produce a complete electronic copy of its SVRL and to declare that any conflicting provisions of state law are preempted by federal law. No monetary damages or attorneys’ fees are sought.
Summary Authors
Michael Vandergriff (10/9/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71453646/parties/united-states-v-nh-secretary-of-state/
Johnstone, Andrea K. (New Hampshire)
Bennett, Brittany (New Hampshire)
Tucker, James Thomas (New Hampshire)
Dutton, Steven J. (New Hampshire)
See docket on RECAP: https://www.courtlistener.com/docket/71453646/united-states-v-nh-secretary-of-state/
Last updated Oct. 19, 2025, 12:46 p.m.
State / Territory: New Hampshire
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: Sept. 25, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Department of Justice, Civil Rights Division.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
David M. Scanlan, Secretary of State, State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: