ESPC Seeks Immediate Injunction to Stop Wyoming Voter Citizenship Law

Key Takeaways

• Wyoming HB 156 requires documentary proof of U.S. citizenship and 30-day residency to register by July 1, 2025.
• ESPC filed a lawsuit May 9, 2025, seeking an injunction to stop the law’s enforcement.
• No evidence of widespread non-citizen voting found; law disproportionately affects women, Hispanics, young, and disabled voters.

The Equality State Policy Center’s Challenge to Wyoming’s Voter Citizenship Requirement: An Analytical Review

Purpose and Scope

This analysis examines the Equality State Policy Center’s (ESPC) legal challenge to Wyoming’s new voter citizenship requirement, set to take effect July 1, 2025. The review covers the law’s background, the legal and practical arguments on both sides, the groups most affected, and the broader national context. The goal is to present a clear, evidence-based overview for policymakers, advocates, and the public, focusing on how the law may impact voter access and election administration in Wyoming.

Methodology

This review draws on official legislative records, court filings, statements from key stakeholders, and recent news reports. Data is organized into thematic sections, with quantitative and qualitative evidence presented in tables and descriptive summaries. The analysis includes:

• A breakdown of House Bill 156’s requirements
• Stakeholder perspectives, including those of the Equality State Policy Center, state officials, and national advocacy groups
• Data on affected populations
• Comparison with national trends and federal court decisions
• Visual descriptions of data and process steps
• Evidence-based conclusions and discussion of limitations

Key Findings

• House Bill 156 (HB 156) requires all new voters in Wyoming to provide documentary proof of U.S. citizenship and at least 30 days of Wyoming residency to register.
• The Equality State Policy Center filed a lawsuit seeking an immediate halt to enforcement, arguing the law will disenfranchise eligible voters, especially among women, Hispanic voters, young people, and others who may lack required documents.
• Governor Mark Gordon allowed the law to take effect without his signature, citing legal and constitutional concerns, particularly about the residency requirement and risk of disenfranchising lawful voters.
• There is no documented evidence of widespread non-citizen voting in Wyoming, according to both ESPC and state officials.
• The law’s constitutionality is under question, with critics arguing it conflicts with the National Voter Registration Act (NVRA), which allows attestation under penalty of perjury as sufficient proof of citizenship for federal elections.
• Similar laws have been blocked by federal courts in other states, and a recent executive order from President Trump imposing such requirements was also blocked.
• The law’s future depends on the outcome of ESPC’s lawsuit, with a preliminary injunction possible before the July 1, 2025, implementation date.

Data Presentation and Visual Descriptions

To help readers understand the law’s impact, the following table summarizes key facts:

How the Law Would Work: Step-by-Step Process

If enforced, House Bill 156 would change the voter registration process in Wyoming as follows:

1. Voter Registration: Applicants must present documentary proof of U.S. citizenship (such as a passport, birth certificate, or naturalization certificate) and proof of at least 30 days’ Wyoming residency.
2. Verification: County clerks review and verify the documents. If the requirements are not met, or if any documentation indicates non-citizenship, registration is denied.
3. Attestation: Applicants must sign a statement, under penalty of perjury, confirming their citizenship and residency status.
4. Exclusion: Anyone unable to provide the required documents, or whose documents suggest non-citizenship, is barred from registering to vote.

Visual Description: Imagine a flowchart with four boxes, each representing a step. The first box is “Submit Documents,” followed by “Clerk Verification,” then “Sign Attestation,” and finally “Registration Approved or Denied.” Arrows connect each box, showing the process from start to finish.

Comparisons, Trends, and Patterns

Wyoming’s new law is part of a broader national trend. Over the past decade, several states have tried to add documentary proof-of-citizenship requirements for voter registration. However, federal courts have often blocked these laws, citing conflicts with the NVRA and the U.S. Constitution. For example:

• Arizona passed a similar law, which was struck down by the U.S. Supreme Court in 2013.
• Kansas also tried to require documentary proof, but federal courts blocked the law, finding it disenfranchised eligible voters without evidence of non-citizen voting.
• President Trump’s 2025 executive order attempted to impose such requirements nationwide, but a federal court blocked it, citing similar legal concerns.

Pattern: Courts have generally been skeptical of laws that require more than an attestation under penalty of perjury for voter registration, especially when there is no evidence of widespread non-citizen voting.

Evidence-Based Conclusions

• Disproportionate Impact: The Equality State Policy Center and other advocates argue that the law will disproportionately affect certain groups. For example:
  • Women who have changed their names due to marriage or divorce may have trouble matching documents.
  • Transgender individuals with name changes may face similar issues.
  • Hispanic and Latine voters are more likely to lack certain documents due to birth circumstances or family history.
  • People without stable housing, those adopted or in foster care, people with disabilities, young voters, and rural residents may have trouble accessing or replacing documents.
• Administrative Burden: County clerks and election officials will face new challenges, including:
  • Verifying a wider range of documents
  • Handling increased paperwork and possible errors
  • Facing legal risks if mistakes are made
• Legal Uncertainty: The law’s constitutionality is uncertain. Legal experts point to the NVRA, which says attestation under penalty of perjury is enough for federal elections. If the law is enforced, it could be struck down in court, as has happened in other states.
• No Evidence of Non-Citizen Voting: Both ESPC and Governor Gordon note there is no evidence of widespread non-citizen voting in Wyoming. This raises questions about the need for such strict requirements.

Limitations of the Analysis

• Pending Court Decisions: The law’s future depends on the outcome of the ESPC lawsuit. A federal judge could block the law before it takes effect, or allow it to proceed while the case is heard.
• Data on Affected Populations: While advocates provide examples of groups likely to be affected, there is limited quantitative data on exactly how many people would be unable to register under the new law.
• National Context: The situation is changing rapidly, with new court decisions and legislative proposals at both the state and federal levels.

Stakeholder Perspectives

• Equality State Policy Center (ESPC): ESPC’s executive director, Jenny DeSarro, argues the law “creates significant barriers that will prevent eligible citizens from exercising their constitutional right to vote, particularly young voters, women who changed their names when they married, low-income voters, and Hispanic voters.” ESPC’s lawsuit seeks to protect these groups from being disenfranchised.
• Governor Mark Gordon: Governor Gordon allowed the law to become law without his signature, stating it “adheres to neither the original construction of our Constitution nor federal law.” He also noted Wyoming’s “excellent track record with election integrity and security.”
• Wyoming Secretary of State Chuck Gray: As the official responsible for elections, Secretary Gray is named as a defendant in the lawsuit. County clerks, who would enforce the law, are also defendants.
• National Advocacy Groups: Organizations like the ACLU, League of Women Voters, and NAACP have filed similar lawsuits in other states, arguing that proof-of-citizenship laws violate federal law and disproportionately affect marginalized communities.
• Supporters of HB 156: Supporters argue the law is needed to ensure only U.S. citizens vote, even though there is no evidence of widespread non-citizen voting in Wyoming.

Background and Historical Context

Before HB 156, Wyoming required voters to show proof of identity and sign a statement under penalty of perjury confirming their citizenship. There was no requirement to show a passport, birth certificate, or naturalization papers, and no 30-day residency rule. The new law adds these requirements, making Wyoming’s rules among the strictest in the United States 🇺🇸.

Nationally, similar laws have been challenged and often blocked by federal courts. The National Voter Registration Act (NVRA) sets a federal standard, allowing attestation under penalty of perjury as enough proof of citizenship for federal elections. The U.S. Supreme Court and lower courts have repeatedly found that state laws requiring more than this standard are likely unconstitutional.

Policy Implications and Practical Effects

If enforced, HB 156 could:

• Prevent eligible voters from registering if they cannot produce the required documents, especially those in marginalized or transient populations.
• Increase administrative workload for county clerks, who must verify documents and could face legal risks for errors.
• Create legal uncertainty for election officials and voters, as the law’s constitutionality is in question.
• Set a precedent for other states considering similar laws, influencing national debates over voter access and election security.

Future Outlook and Pending Developments

• Court Rulings: The immediate future of HB 156 depends on the outcome of ESPC’s lawsuit. A federal judge could issue a preliminary injunction blocking the law before July 1, 2025.
• Potential Appeals: Any decision is likely to be appealed, possibly reaching higher courts.
• National Trends: Other states are considering or have passed similar laws, and federal courts are actively reviewing their constitutionality.
• Federal Legislation: The SAVE Act (H.R. 22) would impose similar requirements nationwide, but faces significant legal and political hurdles and is unlikely to become law before the 2025 presidential election.

Official Contacts and Resources

• Equality State Policy Center (ESPC)
  • Executive Director: Jenny DeSarro
  • Media Contact: Marissa Carpio, [email protected], (307) 223-1139
  • Website: equalitystate.org
• Wyoming Secretary of State
  • Website: sos.wyo.gov
• U.S. District Court for the District of Wyoming
  • Website: wyd.uscourts.gov

For more information on voter registration requirements and federal standards, readers can visit the U.S. Election Assistance Commission, which provides up-to-date guidance on voter registration rules across the United States 🇺🇸.

Comparative Analysis: Wyoming and National Trends

Wyoming’s move to require documentary proof of citizenship and residency is not unique. According to analysis from VisaVerge.com, several states have tried to pass similar laws, but most have faced legal challenges. The pattern is clear: courts are cautious about any law that could prevent eligible citizens from voting, especially when there is no clear evidence of fraud.

Summary Table: Key Facts

Actionable Takeaways

• Voters in Wyoming should check their documents and be prepared for possible changes to registration requirements.
• Advocates and community groups should monitor the court case and help affected individuals gather necessary documents or seek legal help.
• Election officials should prepare for possible changes in procedures and increased administrative work.
• Policymakers should consider the evidence and legal precedents before supporting similar laws.

Conclusion

Wyoming’s new voter citizenship requirement, challenged by the Equality State Policy Center, highlights ongoing debates about election security and voter access. The law’s strict documentary requirements could prevent many eligible citizens from voting, especially those in vulnerable groups. With no evidence of widespread non-citizen voting, and with federal courts often blocking similar laws, the future of HB 156 remains uncertain. The outcome of the ESPC lawsuit will shape not only Wyoming’s elections but also the national conversation about who gets to vote and how.

For the latest updates and official information, visit the Wyoming Secretary of State’s website.

Learn Today

House Bill 156 (HB 156) → Wyoming state law requiring documentary proof of citizenship and residency to register to vote.
Equality State Policy Center (ESPC) → Nonprofit organization challenging Wyoming’s voter citizenship law to protect voting rights.
National Voter Registration Act (NVRA) → Federal law allowing voter attestation under penalty of perjury as sufficient citizenship proof.
Preliminary Injunction → Court order temporarily blocking law enforcement pending final legal decision.
Documentary Proof of Citizenship → Official documents like passports, birth certificates, or naturalization papers verifying U.S. citizenship.

This Article in a Nutshell

Wyoming’s new voter citizenship law, HB 156, mandates proof of citizenship and residency. Challenged by ESPC, it risks disenfranchising vulnerable groups. The law’s constitutionality is uncertain, pending court rulings before the July 2025 implementation date, with possible national precedents influencing future voter access laws.
— By VisaVerge.com