County clerks have ‘significant concerns’ with proposed voter registration rule change

Wyoming does not have an out-of-state, voter-fraud problem, but Secretary of State Chuck Gray’s proposed rule changes to voter registration will create its own set of difficulties, the County Clerks’ Association of Wyoming wrote in a Jan. 8 memo obtained by WyoFile.

Under existing regulations, residents must provide proof of identity to register to vote in Wyoming. But the status quo falls short, according to Gray, who wants voters to also provide proof of residency. He’s pursuing such a change through an executive rulemaking process that would require voters to prove their residential address — though several, nonpartisan advocacy groups say he lacks the authority to do so.  

The clerks’ association thanked Gray and his staff in the memo for including them in discussions and hearing their concerns, but asked that their participation in numerous meetings with his office not be construed as an endorsement of the proposed rules. 

“In fact, CCAW has significant concerns about their impact on Wyoming voters, election judges, Town Clerks and County Clerks,” the memo to Gov. Mark Gordon, the Wyoming Legislature’s Management Council and Gray states.

At the same time, the memo is clear that the clerks, who manage elections for the state’s 23 counties, haven’t seen evidence that the existing system is resulting in out-of-state participation in Wyoming elections.

“We have no indication that there has been a problem in Wyoming with out-of-state residents misrepresenting themselves as residents for the purpose of voting in our elections,” the clerks wrote in the memo. 

The clerks’ concerns with the proposed rule change center on three issues — a lack of clarity in the law, administering the rules and the potential to disenfranchise voters in the process. 

“A single non-resident voting in Wyoming elections is unacceptable, but a single entitled voter being disenfranchised from that right should be of equal concern,” the memo states. 

The proposed rules are meant “to prevent non-residents and illegal aliens from voting in Wyoming, something that has received widespread support across the state,” Gray told WyoFile on Tuesday in an email. Gray also said the memo conflicted with comments the clerks made in August during legislative committee meetings when they expressed interest in clarifying the residency requirement for voters. 

Legislative clarity 

State law requires a voter to be a “bona fide” resident of Wyoming, but statute does not define the term. This has been troublesome for the clerks. 

“We have been clear in our request that the Legislature provide statutory clarity for the point at which, and how, a resident becomes ‘bona fide,’” the memo states. 

In August, the association told the Legislature’s Joint Corporations, Elections and Political Subdivisions Committee that clerks get the brunt of accusations when citizens believe other voters are misrepresenting themselves as residents. 

“For instance, the presence of vehicles with out-of-state license plates at polling places has caused some to call into question the process by which county clerks validate a person’s residence — specifically on Election Day,” an Aug. 22 memo states. “In reality, the definition of ‘bona fide resident’ of Wyoming is vague and difficult to definitively prove given current requirements.”

The clerks had hoped the August memo would encourage lawmakers to tackle the issue, and more specifically, pursue two policy questions: “Should proof of state residency or proof of residence address be compulsory at the time of registration?,” followed by, “If yes, then how would that prospective voter prove their residence address?”

“Unfortunately, we do not believe sufficient study has occurred to satisfactorily answer the two policy questions we raised,” the clerks wrote in their memo this week.

Without that clarity in the law, it will be the county clerks who will be vulnerable to lawsuits if the proposed rules go into effect “should a voter file suit claiming Wyoming law does not require compulsory proof of residency at the time of registration, as it does for identity, the memo states.”

Administration

Timing is an issue the clerks point to in their memo. 

More precisely, the clerks are concerned there’s not enough time ahead of the 2024 election to notify voters of additional registration requirements. 

While Wyoming’s 2022 primary election saw the highest rate of turnout in 28 years, there was a record-low turnout in the general election three months later, according to the clerks. By not participating, more than 86,000 voters were purged from voter registration rolls. 

These voters could, of course, re-register to vote in this year’s primary. But the proposed rules would make that process more complicated and cumbersome, the memo explains. 

“Requiring these voters to produce additional documentation when re-registering at the polls in 2024 will create lengthy delays on Election Day,” the memo states. “As such, we must state clearly: this requirement will increase the length of lines and wait times on Election Day.”

Furthermore, the proposed rules are likely to increase the number of Election Day provisional ballots, “which delays certification of results and may change the outcomes of races,” the memo states. 

The clerks point to another, related administrative issue with the proposed rules — the fact that “most Wyoming credentials only bear the mailing address of residents and not their residential address.”

“We have significant concerns that residents entitled to vote would become disgruntled and opt not to register when told their Wyoming driver’s license or ID card is not sufficient proof that they are a bona fide resident of the state,” the memo states. 

Unfortunately, the clerks say, election judges will bear the brunt of that exchange. 

“This causes us to wonder whether the desired effect of the proposed rules — ensuring Wyoming residents, and only Wyoming residents, participate in Wyoming elections — would be outweighed by the unintended consequence of dissuading or hindering eligible voters from registering to vote,” the memo states. 

Living situations and what’s next?

Lastly, the clerks raise concerns about the most vulnerable voters. 

“Persons who are indigent or in transitory living situations are among those most likely to be denied the opportunity to register and vote as a consequence of the rules as written,” the memo states. 

This could include someone who does not have a fixed residence, or someone who was recently evicted and is living in their car. 

“Although these instances may not occur frequently in Wyoming, the possibility exists, and their lack of residence does not diminish their right to vote,” the memo states. 

More commonly, the clerks say, people like energy sector workers living in campers or someone residing with other family members may not be able to prove their residence address “because they may not possess sufficient documentation enumerated in the proposed rules.”

“In closing, we cannot be clear enough: we, too, agree that only Wyoming citizens should be participating in Wyoming elections,” the memo states. 

“If it were determined that our registration process was flawed and thereby provided the opportunity for significant voter fraud, we would be first in line to study a solution,” the memo states. “However, increasing the requirements to register to vote requires significant contemplation and careful consideration because the question of residence address extends beyond whether one is a resident of the state.” 

The clerks urge Gray to work with the Legislature during the 2024 off-season to come to a better solution. Otherwise, if Gray decides to move forward with the proposed rules, the clerks ask him to consider requiring voters to prove just state residency and not their residence address. 

In his response to WyoFile, Gray said the memo from the clerks does “contain key suggestions concerning issues raised when drivers’ licenses improperly contain a PO Box, as opposed to principal residence address of the licensee… .”

“As we review comments, we will give due consideration to the clerks’ suggestion of, at the very least, requiring the credential to prove Wyoming residency until credentials issued by WYDOT contain principal residence address, which is already required by law,” Gray said. 

The public comment period for the proposed rules is open until Jan. 26. Comments can be submitted through the rules system or by emailing comments directly to Joe.Rubino1@wyo.gov. 

Additionally, a public hearing is set 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.

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