County clerks issue statement opposing proposed voter registration rules

By Jasmine Hall 

Jackson Hole Daily 

Via Wyoming News Exchange

JACKSON — Changes to voter registration rules proposed by the Secretary of State’s Office don’t have the support of the Wyoming County Clerks’ Association.

The association sent a memorandum to Secretary of State Chuck Gray, the Wyoming Legislature’s Management Council and Gov. Mark Gordon. Not only did the clerks say there is no indication that there has been a problem with out-of-state residents misrepresenting themselves as residents for the purpose of voting in Wyoming, but they said the proposed changes wouldn’t provide the clarity they were seeking.

One of the reasons for proposing the rules that Gray has cited was to respond to requests from county clerks to add clarity to “Wyoming’s voter registration procedures as they relate to verification of identity for purposes of proof of residency.”

The clerks wrote that they appreciated Secretary Gray and his staff including them in discussions and “their receptiveness to our comments.”

But the county clerks said their participation in the rulemaking process does not mean they endorse the proposed changes.

“In fact, [the Clerks’ Association] has significant concerns about their impact on Wyoming voters, election judges, town clerks and county clerks. Our concerns center around three primary issues: legislative clarity has not been achieved; timing of implementation is problematic; certain Wyomingites may be denied registration.”

The first issue was raised by the clerks themselves in August to a legislative interim committee. The association told lawmakers that county clerks often get the brunt of accusations when citizens believe some individuals are misrepresenting themselves as Wyoming residents and gave examples of vehicles with out-of-state license plates at polling places leading to complaints.

They said the reality is that the term “bona fide resident” of Wyoming is vague and problematic.

“CCAW’s concern is that certain individuals believe the clerk and election staff are responsible for requiring proof of residence at the time of registration; however, this assumption is not supported by the Election Code,” according to the clerks. “Being the target of these concerns and accusations has heightened our sensitivity to the vague definition of ‘bona fide resident,’ which is present in Wyoming and many other states’ election codes.”

They believed bringing it to the attention of the committee would initiate a lengthy study of the questions: Should proof of residency or proof of residence address be compulsory at the time of registering to vote? If yes, then how would prospective voters prove their residency?

But the clerks told the Secretary of State’s Office they didn’t believe a sufficient study had occurred to answer those questions and the proposed rules didn’t address them.

“If these rules were to be enacted as written, it is the county clerks who would be left to defend themselves in court 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,” they said. “Similarly, we have concern that an election official who unilaterally decided not to require proof of the residency at the time of registration would not be prosecutable without a statutory requirement to require proof of residence at the time of registration.”

Current statute only requires proving residency in the case of a challenge, not at the time of registration. The clerks said they want direction from the Legislature on whether proof of residency should be required at the time of registration.

The clerks also flagged the timeline as rushed.

They worried there would only be a few weeks before May municipal elections to deal with the rules’ administrative impacts and just a few months before the August primary.

“Primarily, we believe this short timeline would not allow us to provide adequate notice to the public of the additional requirements to register,” the clerks wrote. “As a result of record low turnout in the 2022 general election, nearly 29% of Wyoming voters [more than 86,000] were purged from the voter registration rolls.”

Having them re-register with additional documentation would create lengthy delays on Election Day, and it may increase the number of provisional ballots.

The memo also outlined concerns that residents entitled to vote would decide not to register if they were told their Wyoming driver’s license or ID card was not sufficient proof because many Wyoming credentials only bear the mailing address of residents and not their residential address. For voters in Teton County, it would create a challenge for many with post office boxes on their licenses.

Clerks said the proposed rules also would likely deny those who are “indigent or in transitory living situations.”

“In closing, we cannot be clear enough: we, too, agree that only Wyoming citizens should be participating in Wyoming elections,” they wrote. “To date, we have no indication that this has not been the case. If it were determined that our registration process was flawed and thereby provided the opportunity for significant voter fraud, we would be the first in line to study a solution.

“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.”

The lengthy comment pointed to specific issues with language in the rules, not just the overall concept of requiring proof of residency at the time of registration.

The County Clerks’ Association urged Gray to work with the Legislature during the interim session to develop a solution. But if that doesn’t happen, then to allow potential voters to provide proof they are a bona fide resident of the state, rather than proving their residence address with extra identification or documentation.

Gray responded to the clerks’ statement, saying it conflicted with previous public testimony and an August memo from county clerks.

“Many of these issues were not raised in the many meetings we had with them before the rule was adopted,” Gray said Wednesday. “It also conflicts with clerks who have told me privately that they support the rule.”

Gray noted the clerks’ comments about post office boxes on licenses were key. He said if drivers’ licenses contain a post office box then that’s a mistake that will be fixed.

“As we review comments, we will give due consideration to the clerks’ suggestion of requiring the credential to prove Wyoming residency until credentials issued by WYDOT contain principal residence address, which is already required by law,” he said. “Our understanding is that WYDOT will be in compliance with state statute in placing on the license the licensee’s principal residence address once they convert to their new system.”