CONCORD — The U.S. Department of Justice has given the OK to the state’s new photo identification law for upcoming elections, but warns it could bring litigation to bar some changes in the future.

The pre-clearance letter by T. Christian Herren Jr., chief of the department’s voting section, said the agency does not object to provisions of the new law, but notes the types of photo identification accepted after September 2013 are much more limited.

House Speaker William O’Brien, who championed the new law, said Wednesday he was pleased to get word from the Department of Justice.

“This is a step forward to achieving electoral integrity,” O’Brien said.

Backed by the large Republican majorities in the House and Senate, supporters of the photo ID law said it will prevent fraud and protect the rights of legitimate voters.

But opponents, including most Democrats, said with no legitimate cases of voter fraud in New Hampshire, photo ID is really an attempt to suppress the votes of the poor, the elderly, the disabled, college students and minorities.

“Luckily in this election, everyone will be able to vote — despite the best efforts of Republicans in the legislature. We will continue to be vigilant as this moves forward to protect the rights of voters,” state Democratic Party spokesman Collin Gately said.

The new law requires voters to present a photo identification beginning in November’s general election, or fill out a challenged-voter affidavit in order to vote. In future elections, a photo will be taken and attached to the affidavit.

Voters may be asked for photo identification for next week’s primary election, but voters do not need to produce one to vote.

ID requirements

In the DOJ letter, Herren notes prior to September 2013, acceptable photo identifications include driver’s licenses from any state regardless of the expiration date, U.S. military identification cards, U.S. passports, student identification cards and federal, state, county and municipal government-issued photo identification cards.

He also notes supervisors of the checklist, moderators and town and city clerks may verify a voter’s identification at the pools.

“After September 1, 2013, the identification requirement will be satisfied by a driver’s license issued by any state or the federal government; a non-driver’s identification card issued by the motor vehicle authority of any state; a United States armed services identification card; or a United States passport,” Herren writes in his letter.

The cards may not have an expiration date longer than five years, he notes.

The House and Senate passed different versions of the bill, and compromised by putting the Senate version in place until September 2013. After that, the more restrictive House plan becomes law

The right to vote

O’Brien noted he was surprised when he moved to New Hampshire more than 30 years ago and needed only to give his name to vote, although election officials did not know him.

“Voting is just as important as getting on an airplane or a train or entering a federal building or commercial office building,” he said. “Photo ID makes sure our franchise is not stolen from us.”

O’Brien said the law is well-constructed, with time for voters to become accustomed to providing identification and a way for those without identification to obtain it.

Senate President Peter Bragdon said: “The legislature has been working diligently to ensure clean and honest elections here in New Hampshire, so we are pleased the U.S. Department of Justice agrees our voter ID law is constitutional.”

Claire Ebel, executive director of the New Hampshire American Civil Liberties Union said she was not surprised by the Department of Justice decision, but is a little disappointed.

“We have not made a decision on whether to challenge the photo ID law,” she said.

The bill’s prime sponsor, Sen. Russell Prescott, R-Kingston, said: “From the beginning, this issue has always been about protecting the right to vote. Requiring voters to show an ID is commonplace across the country. It’s simple, easy and effective in preventing voter fraud.”

And he said the whole idea was to make it a constitutional bill, allowing everyone voting access and turning no one away from the polls.

Avoiding lines at polls

Secretary of State Bill Gardner’s office has held training session for local election officials about the new law, including one last week in the State House.

Deputy Secretary of State David Scanlan said his office has held 10 training sessions over the last three weeks.

“We’ve trained clerks for the 2012 election,” he said. “We’ll worry about September 2013 after this election cycle is over.”

He said his office’s objective is to have voters get used to the new system, so when it is required in November, there will be fewer problems.

Scanlan said to avoid lines at the polls, his office suggests town and city election officials set up a table before the voter check-in to ask for identification, and to have people sign the challenged-voter affidavit.

Some town and city clerks have expressed concern that the new law could result in delays, particularly for November’s general election, which is expected to have a large turnout because of the presidential contest.

Lawmakers passed a photo ID law last year, but failed to override Gov. John Lynch’s veto.

This year, after working with town and city clerks and the Secretary of State on the issue, lawmakers were able to override Lynch’s veto of the voter ID bill.

Changes to state election laws need approval from the U.S. Department of Justice because the state did not comply with a requirement of the 1964 Voters Rights Act during the 1968 general election.

Tuesday was the deadline for the department to act on the state’s election law changes. Herren’s letter is dated Sept. 4.

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Garry Rayno may be reached at grayno@unionleader.com.