Wyoming’s recent legislative action, House Bill 156, has positioned the state as a national leader in requiring proof of U.S. citizenship for voter registration across all elections, including federal, effective July 2025. This development, enacted on March 21, 2025, without Governor Mark Gordon’s signature, reflects a shift in election integrity measures, though it has sparked some debate over its legal and practical implications.
Legislative Context and Enactment
Wyoming’s House Bill 156 was allowed to pass into law without the governor’s signature. This bill, identified as a key priority by Secretary of State Chuck Gray, aims to bolster election integrity by mandating proof of citizenship and residency at the voter registration stage, with implementation scheduled for July 2025. The absence of the governor’s signature, rather than a veto, suggests a neutral stance, but it also highlights underlying tensions, as Gordon expressed reservations in his explanatory letter.
Requirements of the Law
The law stipulates that voters must provide proof of U.S. citizenship and Wyoming residency when registering to vote. Specific documents accepted for citizenship proof include:
- A valid Wyoming driver’s license or ID
- Valid tribal ID
- Real ID driver’s license or ID issued by any other state
Residency requirements are less explicitly detailed in available reports, but Governor Gordon’s letter, referenced on The Federalist, indicates a 30-day residency requirement, contrasting with the Wyoming Constitution’s historical one-year mandate. This discrepancy is a point of contention, as county clerks are empowered to reject registrations based on “any indication” of ineligibility, potentially leading to arbitrary decisions.
An unexpected detail is the acceptance of Real IDs from other states as proof of citizenship, which may include non-citizens (e.g., legal residents). This could potentially allow ineligible individuals to register, as noted in discussions on driver’s license requirements. Given that Real IDs are issued to both citizens and certain non-citizens under federal guidelines, this could complicate enforcement and raise legal questions.
Constitutional and Legal Implications
The Wyoming Constitution, as outlined in Article 6, Section 2, historically required one year of state residency and sixty days in the county for voting eligibility, with citizenship as a prerequisite (summarized in Ballotpedia). However, federal law, particularly the Voting Rights Act of 1970 and Supreme Court rulings like Dunn v. Blumstein (405 U.S. 330, 1972), have limited durational residency requirements to a maximum of 30 days for presidential elections, effectively nullifying longer state mandates.
This legal backdrop suggests that Wyoming’s 30-day requirement aligns with federal standards, but Gordon’s concern about constitutional conflict persists, potentially exposing the state to lawsuits, as voiced by critics like the League of Women Voters of Wyoming.
Governor’s Position and Public Reaction
Governor Mark Gordon’s decision to let the bill pass without signing reflects a cautious approach, with his letter highlighting legal risks and questioning the necessity, given his confidence in existing election processes. This stance has drawn mixed reactions: supporters, including the Wyoming Freedom Caucus, celebrate it as a win for election integrity, while opponents, such as the League of Women Voters, argue it could disenfranchise eligible voters and burden election officials.
Potential Impacts and Criticisms
The law’s implementation could affect voter turnout, particularly for those without easy access to citizenship documents, with estimates suggesting 21.3 million U.S. adults lack such documents. Critics, including Democratic lawmakers and voting rights groups, argue it may disproportionately impact marginalized groups, such as Native Americans or natural disaster survivors, potentially violating equal protection under the 14th Amendment. Conversely, proponents, aligned with Republican election integrity agendas, see it as a safeguard against non-citizen voting.
Voter Qualifications Needed By July ’25
To organize the legal framework, here are the WY constitutional and statutory requirements:
| Source | Citizenship Requirement | Residency Requirement | Additional Notes |
|---|---|---|---|
| Wyoming Constitution (Art. 6, Sec. 2) | Must be U.S. citizen | Historically 1 year state, 60 days county | Superseded by federal law, now no durational requirement |
| House Bill 156 (2025) | Proof of U.S. citizenship required at registration | 30 days implied, proof needed | Accepts Wyoming DL, tribal ID, Real ID from other states |
Implementation in July 2025 will be closely watched for legal challenges and voter impact, reflecting broader national debates on voting rights and eligibility. As many view this as common sense, others see discrimination. Time will tell.
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