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.Rubino1@wyo.gov.
I attended Chuck Gray’s meeting today in Cheyenne. There were comments back and forth for and against requiring proof of residence to register to vote. After a while a man read out the exact wording about registering to vote and there is no mention of a residence requirement and others commented on the teeny risk of voter fraud in WY. Before I spoke I had many comments on the previous comments but said as soon as I sat down that I would only speak to one. “I am a lucky person, retired and own my own car so if I change my name or address I just drive to the elections office and make the change. Someone before me said we should just concentrate on the qualified voters and not worry about the indigent nor homeless nor college students or others in the middle. I am horrified that someone would say that I am more important than another citizen.”
Just like a SOS in a lane where there are zero issues. Get to work for Wyoming, not Donald Trump
Gray is, transparently, targeting UW students and Teton County residents, attempting to disenfranchise them. And he’s attempting to do by rule what only the Legislature can do by statute. If he attempts to follow through, there should be lawsuits and perhaps an impeachment proceeding.
I just sent an email to the address you gave for Joe Rubino. It was refused. “Your message wasn’t delivered to Joe.Rubino@wyo.gov because the address couldn’t be found, or is unable to receive mail.” I’ll try the “rules” address.
I do not fear for my voter registration qualifications. I have been voting in Wyoming since 1982 or 3. However I worry a great deal for Wyoming citizens who are less fortunate than I. I am no wealthy person, but I don’t worry about eating, paying rent or taking care of a sick child. Mr. Gray certainly doesn’t worry about these issues or of our Wyoming citizens whose days are filled with these worries. His lack of compassion comes across as a handy political move to keep potential, controversial “opponents” from voting. I do not want non-residents to influence Wyoming politics, but I need all residents with concerned voices, opinions and/or less-fortunate lives to be able to vote in our elections. I detest politics and power-grabbing taking advantage of those less fortunate who may not agree with Mr. Gray’s idea of a more profitable, perfect Wyoming. Yes, I am a Republican and I still respect others’ needs, ideas and opinions.
The correct address is joe.rubino1@wyo.gov
Is it the fear of some that Wyoming will have (as it or should have) an informed electorate after the institution of this proposal?
Traditionally the utilities in a household are under the husband’s name. Also in Teton County, our address is often a PO Box since we don’t have home delivery of mail. I am very opposed to this action by Gray who seems much more interested in keeping people from voting than helping them. It’s so crazy when we’ve had almost no election fraud ever, in wyoming.
Gray’s explanation for the change is bogus. How do military families who claim Wyoming as home get to vote? Or truckers who spend most of the year on the road? Are they all bonafide residents? He’s catering to a narrow group of people. Democracy seeks the votes of all citizens, not purposely excluding any. I signed up for the meeting.
Last February, Gray signed up to go to the National Association of State Secretaries (NASS)meeting-The NASS event addressed bipartisan discussions on topics like “cybersecurity, election administration, international relations, business services, state archiving and recordkeeping, and federal legislation”-all things that could have helped Gray be able to perform his actual job. Instead he chose to attend the election denying Heritage Meeting held at the same time. His whole platform was running as an election denier and Wyoming chose him over the highly competent Tara Nethercott. He won and Nethercott and the people of Wyoming lost. When he is not trying to insert himself in issues that have nothing to do with his position, such as the abortion issue, he is proposing a rule change such as this that only makes voting more onerous for voters. I hope many attend the January 26th public hearing. In my opinion, it is important for the people of Wyoming to get involved and be aware of what our elected officials are doing. We need to elect quality men and women who care about our state and not vote for an ideology.
As I recall Chuck Gray won the close race between him and Tara Nethercott by glitter bombing social media on the day of the election with several completely fabricated lies about Nethercott, her personal affairs, her political opinions, and her voting record.
Typical republican answer for most everything regarding voting, its happening nation wide as there popularity wains so they change rules or boundaries so it makes it harder to vote for some people and ultimately I think it effects the opposing party ability to compete !
Of course only the D’s don’t want the rule change, their the ones that break the rules. Why WOULDN’T you want to strengthen your voting security?
You believe total nonsense too easily…
Thanks Maggie. Gray didn’t understand the job when he ran. Secretary of State is largely and administrative position.
Chuck Gray only goal is to disenfranchise as many voters he can while SOS. Even before he was elected Secretary of State our elections were secure but that was still not good enough by this Authoritarian. His goal next the Governorship. He must never be allowed inside because his goal as his friends and fellow Freedom Caucus members will to destroy our balance between out natural beauty and unregulated developments bent on profits over nature!
I totally agree , I’m so surprised how misinformed Wyoming voters are to put someone like him in office.