Case: United States v. Scanlan

1:25-cv-00371 | U.S. District Court for the District of New Hampshire

Filed Date: Sept. 25, 2025

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Case Summary

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 …

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:

Civil Rights Act of 1960 (52 U.S.C. § 20703): New Hampshire unlawfully refused to provide voter registration records demanded by the Attorney General.
Help America Vote Act (52 U.S.C. § 21083): The state failed to conduct adequate voter list maintenance and obstructed federal oversight.

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.

On September 30, 2025, four New Hampshire voters—Neal Kurk, Robert “Bob” Perry, Louise Spencer, and Christopher Cole—moved to intervene as defendants in the case. The proposed intervenors argued that DOJ’s demand placed their sensitive personal information at risk and infringed New Hampshire’s constitutionally protected right to privacy, and they sought intervention as of right under Federal Rule of Civil Procedure 24(a), or alternatively permissive intervention under Rule 24(b), to directly defend their personal privacy interests. They asserted that while the State opposed disclosure, the existing defendants might not adequately represent voters’ narrower, individualized interests given the possibility of settlement or shifting litigation positions.

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Summary Authors

Michael Vandergriff (10/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71453646/parties/united-states-v-nh-secretary-of-state/

Judge(s)

Johnstone, Andrea K. (New Hampshire)

Attorney for Plaintiff

Bennett, Brittany (New Hampshire)

Tucker, James Thomas (New Hampshire)

Expert/Monitor/Master/Other

Dutton, Steven J. (New Hampshire)

Judge(s)

Johnstone, Andrea K. (New Hampshire)

Attorney for Plaintiff

Bennett, Brittany (New Hampshire)

Tucker, James Thomas (New Hampshire)

Expert/Monitor/Master/Other

Dutton, Steven J. (New Hampshire)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71453646/united-states-v-nh-secretary-of-state/

Last updated Dec. 15, 2025, 12:50 a.m.

ECF Number	Description	Date	Link Date / Link
1	NEW CASE/ COMPLAINT (No fee paid, USA or IFP) filed by United States. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment)(Tucker, James) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025 RECAP
2	REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by United States(Tucker, James) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
3	REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by United States(Tucker, James) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025
4	NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiff for service on all parties. MJ Consent Form Due 11/14/2025.(ed) (Entered: 09/26/2025)	Sept. 25, 2025	Sept. 25, 2025
	Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:25-cv-371-AJ. Please show this number with the judge designation on all future pleadings. (ed)	Sept. 25, 2025	Sept. 25, 2025
	Case Assigned	Sept. 25, 2025	Sept. 25, 2025
5	Summonses issued electronically as to NH Secretary of State, NH, State of. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: # 1 Assignment to Magistrate, # 2 Notice ECF)(ed) (Entered: 09/26/2025)	Sept. 26, 2025	Sept. 26, 2025
	NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (ed)	Sept. 26, 2025	Sept. 26, 2025
	Notice - ECF	Sept. 26, 2025	Sept. 26, 2025
	Case Assigned	Sept. 26, 2025	Sept. 26, 2025
6	MOTION to Intervene as Other filed by Neal Kurk, Robert Perry, Louise Spencer, Christopher Cole. Attorney Steven J. Dutton added to party Neal Kurk(pty:intv), Attorney Steven J. Dutton added to party Robert Perry(pty:intv), Attorney Steven J. Dutton added to party Louise Spencer(pty:intv), Attorney Steven J. Dutton added to party Christopher Cole(pty:intv).Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - Proposed Answer, # 3 Exhibit (Affidavit) B - Kurk Declaration, # 4 Exhibit (Affidavit) C - Perry Declaration, # 5 Exhibit (Affidavit) D - Spencer Declaration, # 6 Exhibit (Affidavit) E- Cole Declaration, # 7 Exhibit F - June 25 Letter, # 8 Exhibit G - July 25 Letter, # 9 Exhibit H - August 18 Letter)(Dutton, Steven) (Entered: 09/30/2025) 1 Memorandum of Law View on RECAP 2 Exhibit A - Proposed Answer View on RECAP 3 Exhibit (Affidavit) B - Kurk Declaration View on RECAP 4 Exhibit (Affidavit) C - Perry Declaration View on RECAP 5 Exhibit (Affidavit) D - Spencer Declaration View on RECAP 6 Exhibit (Affidavit) E- Cole Declaration View on RECAP 7 Exhibit F - June 25 Letter View on PACER 8 Exhibit G - July 25 Letter View on PACER 9 Exhibit H - August 18 Letter View on PACER	Sept. 30, 2025	Sept. 30, 2025 RECAP
7	MOTION for Elisabeth C. Frost to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2686575.) filed by Christopher Cole, Neal Kurk, Robert Perry, Louise Spencer.Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Elisabeth C. Frost)(Dutton, Steven) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
8	MOTION for David R. Fox to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2686578.) filed by Christopher Cole, Neal Kurk, Robert Perry, Louise Spencer.Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of David R. Fox)(Dutton, Steven) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
9	MOTION for Christopher D. Dodge to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2686580.) filed by Christopher Cole, Neal Kurk, Robert Perry, Louise Spencer.Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Christopher D. Dodge)(Dutton, Steven) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
10	MOTION for Walter McKusick to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2686584.) filed by Christopher Cole, Neal Kurk, Robert Perry, Louise Spencer.Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Walter McKusick)(Dutton, Steven) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
11	MOTION for Marcos Mocine-McQueen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2686586.) filed by Christopher Cole, Neal Kurk, Robert Perry, Louise Spencer.Follow up on Objection on 10/14/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Declaration of Marcos Mocine-McQueen)(Dutton, Steven) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
12	Assented to MOTION to Stay filed by USA. Attorney Brittany Bennett added to party USA(pty:pla). (Attachments: # 1 Proposed Order)(Bennett, Brittany) (Entered: 10/01/2025) 1 Proposed Order View on RECAP	Oct. 1, 2025	Oct. 1, 2025 RECAP
	Order on Motion to Stay	Oct. 1, 2025	Oct. 1, 2025
	ENDORSED ORDER granting: 12 Assented to MOTION to Stay. Text of Order: Granted. This matter is stayed until counsel for the government is permitted to resume usual civil litigation functions. Current deadlines in this matter are extended commensurate with the duration of the lapse in appropriations. Counsel for the government shall inform the court promptly when it becomes aware of the restoration of its appropriations. So Ordered by US Magistrate Judge Andrea K Johnstone. (bd)	Oct. 1, 2025	Oct. 1, 2025
13	NOTICE of Change of Address by Steven J. Dutton on behalf of Neal Kurk(Dutton, Steven) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025
14	NOTICE of Attorney Appearance by Paul J. Twomey on behalf of Neal Kurk, Robert Perry, Louise Spencer, Christopher Cole Attorney Paul J. Twomey added to party Paul Twomey(pty:intvd).(Twomey, Paul) Modified on 11/24/2025 to correct text to read: "on behalf of Neal Kurk, Robert Perry, Louise Spencer, Christopher Cole" (kad). (Entered: 11/24/2025)	Nov. 24, 2025	Nov. 24, 2025
	Endorsed Order - not on motion	Nov. 24, 2025	Nov. 24, 2025
	ENDORSED ORDER. Text of Order: The lapse in appropriations prompting the stay in this matter has resolved. Accordingly, the stay is lifted and the government shall respond to the pending motions on or before December 5, 2025. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad)	Nov. 24, 2025	Nov. 24, 2025
	Order	Nov. 24, 2025	Nov. 24, 2025
15	NOTICE of Attorney Appearance by Mary Alissa Triick on behalf of NH Secretary of State, NH, State of Attorney Mary Alissa Triick added to party NH Secretary of State(pty:dft), Attorney Mary Alissa Triick added to party NH, State of(pty:dft).(Triick, Mary) (Entered: 12/02/2025)	Dec. 2, 2025	Dec. 2, 2025
16	NOTICE of Attorney Appearance by James Henry Holl, III on behalf of NH Secretary of State, NH, State of Attorney James Henry Holl, III added to party NH Secretary of State(pty:dft), Attorney James Henry Holl, III added to party NH, State of(pty:dft).(Holl, James) (Entered: 12/02/2025)	Dec. 2, 2025	Dec. 2, 2025
17	WAIVER OF SERVICE Returned Executed as to NH Secretary of State by NH Secretary of State. Served/Mailed on 11/24/2025. Answer Follow Up on 1/26/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Holl, James) (Entered: 12/03/2025)	Dec. 3, 2025	Dec. 3, 2025
18	WAIVER OF SERVICE Returned Executed as to NH, State of by NH, State of. Served/Mailed on 11/24/2025. Answer Follow Up on 1/26/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Holl, James) (Entered: 12/03/2025)	Dec. 3, 2025	Dec. 3, 2025 RECAP
19	MEMORANDUM in Opposition re 6 MOTION to Intervene as Other filed by USA. Follow up on Reply on 12/12/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit SC Order)(Bennett, Brittany) (Entered: 12/05/2025) 1 Exhibit SC Order View on PACER	Dec. 5, 2025	Dec. 5, 2025 RECAP
20	Motion for Leave to File 1 Exhibit 1 - Proposed Reply in Support of Motion to Intervene View on PACER 2 Exhibit A to Proposed Reply - Oregon Intervention Order View on PACER 3 Exhibit B to Proposed Reply - Michigan Intervention Order View on PACER	Dec. 12, 2025	Dec. 12, 2025