Secretary of State Chuck Gray’s proposed changes to the voter registration process exceed the scope of his office’s authority, two nonpartisan voter advocacy groups and the Wyoming Democratic Party say.
The organizations are also concerned about the timing of the proposed rule changes ahead of the 2024 election and the risk that the changes will disenfranchise rightful voters. All three groups have formally requested a public hearing on the matter.
Under current regulations, residents must provide proof of identity to register to vote in Wyoming. Gray is proposing through an executive rulemaking process that voters also be required to provide proof of residency when registering.
He previously told WyoFile the proposed rules would ensure that only Wyoming residents decide Wyoming’s elections. Gray says the proposal was partly initiated by the state’s county clerks. The County Clerks’ Association of Wyoming has yet to formally weigh in but Platte County Clerk Malcolm Ervin told WyoFile the group is not quite satisfied with the proposed rule but appreciated working with the secretary of state’s office on it.
Evidence suggests the state’s elections are already secure and decided by legitimate Wyoming voters. There have been just three instances of voter fraud in Wyoming since 2000, according to a database created by The Heritage Foundation, a conservative think tank.
A public hearing for a proposed rules change is mandatory if requested by 25 people or an organization representing at least 25 people, according to Wyoming’s Administrative Rule Review Handbook. All three groups — the Democratic Party, the League of Women Voters of Wyoming and the Equality State Policy Center — meet that membership criteria.
Thursday afternoon, the Secretary of State’s office announced it had scheduled a public hearing for 1 p.m. on Jan. 26 at the Capitol Extension Conference Center Auditorium in Cheyenne. Members of the public can also attend virtually by registering via Zoom.
“Public comment is pivotal to the rulemaking process, and we’ve been very excited about the public engagement we’ve received and look forward to continuing to receive,” Gray told WyoFile on Thursday.
Voters
State law requires county clerks to update voter registration lists each February, a process that includes purging the names of those who did not vote in the last general election.
In Laramie County, 15,000 voters were ousted from the registration rolls earlier this year, according to the League of Women Voters of Wyoming, a nonpartisan voter rights and education nonprofit.
“These voters may not fully realize they must re-register to vote in 2024 and may have to provide additional documentation to do so,” the League wrote in a Dec. 15 letter to the Secretary of State’s office.
“Under the proposed rule changes, a potential voter in good faith might present a valid Wyoming driver’s license to register, only to be informed their license is insufficient proof of residence because the address is not current or is different,” the letter states.
When a holder of a Wyoming driver’s license or identification card changes their mailing address, residence or name, state statute requires them to notify the Wyoming Department of Transportation. That way, the agency can update its database with the new information. But the law stops short of requiring the holder to get a new license or ID with the updated information.
When it comes to listing the holder’s mailing or residential address, that can go either way, according to Jordan Achs, a WYDOT spokesperson.
“Typically, the driver examiners work with the person to put the best address — especially if you have more than one — on the card,” Achs said.
Under Gray’s proposed rules, the address listed on the person’s government-issued identification would need to be their current physical address and it would also need to match the address on the voter registration forms. If not, additional documentation would be required.
“The result will be long lines of frustrated and angry voters who will have to return home for more documents or will have to cast a provisional ballot that will be counted only after the voter has provided the required documentation to the county clerk,” the League wrote in its letter.
Altogether, the proposed change would be harder on some voters than others, according to the Equality State Policy Center, a nonpartisan organization dedicated to state-government transparency and accountability.
“I strongly urge the Secretary of State Office to carefully consider the potential ramifications of this proposed rule for some of Wyoming’s most vulnerable: women in shelters, Wind River [Indian] Reservation residents, and the unhoused in our communities,” ESPC Policy Director Marissa Carpio wrote in a Dec. 18 letter.
Authority and hearing
Establishing and maintaining electoral integrity with proper procedures is of the utmost importance, Carpio added.
“However, the rule proposed by your office goes beyond the legitimate scope of setting procedures by requiring additional steps for voters to register and election officials to administer.”
The Democratic Party and the League of Women Voters share this concern.
“We fear these rules were designed as a way to work around the Legislature, which we believe is the appropriate body to determine the qualifications for participating in Wyoming elections in a thoughtful and deliberative manner,” the League wrote.
Gray’s official explanation of the proposed rules change states Wyoming law charges his office with “specifying by rule adequate proof of identity of a voter.” But he notes that currently there is no mechanism for proving someone is a “bona fide” resident of Wyoming, absent a challenge. The rule change would provide such a process.
The public comment period is open until Jan. 26. Comments can be submitted through the rules system or by emailing comments directly to Joe.Rubino@wyo.gov.
This article was originally published by WyoFile and is republished here with permission. WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.
