(WYOMING) — A proposed Wyoming constitutional amendment would add a “sole allegiance” requirement that could bar some dual citizens from voting or holding state office, setting up a high-stakes legal fight over whether a state can create what critics call second class citizenship among U.S. citizens.
This article focuses on a defense strategy for affected voters and potential candidates: how to prepare for a possible challenge, what eligibility rules and proof issues are likely to matter, and what legal claims are commonly raised when a state narrows the franchise for a subset of citizens.
Because the consequences can include loss of voting access, disqualification from candidacy, and potential criminal exposure if mistakes occur, attorney representation is not optional in many cases.
1) What Wyoming is proposing—and why it matters
On January 22, 2026, Wyoming Secretary of State Chuck Gray publicly listed “Top Five Election Integrity Priorities” for the 2026 session, including a proposed amendment to the Wyoming Constitution to prohibit dual citizens from voting or holding office.
Public messaging has emphasized “sole allegiance” to the United States. Dual citizenship is common and legally distinct from non-citizenship: a dual citizen is still a U.S. citizen and may also be recognized as a citizen by another country, sometimes automatically at birth or through parents.
U.S. law generally tolerates dual nationality, even if it can create practical complications abroad. A state constitutional change of this kind is significant because it would not just adjust registration procedures; it would change who is eligible to vote and who is eligible to run for office.
If enacted and enforced, it could disenfranchise citizens who are otherwise fully eligible under current law.
2) How the proposed ban would work in practice (voting + holding office)
Policy slogans like “sole allegiance” often do different work than legal status. In practice, election systems rely on definitions and administrative steps. Any workable ban would likely need to define, at minimum, what counts as “dual citizenship,” when it is measured, and what evidence proves or disproves it.
Key implementation questions to watch for in the proposal language include verification methods, decision-makers, challenge processes, and standards of proof.
- Verification method: Would Wyoming rely on self-attestation, document review, database checks, or a mix?
- Who decides: County clerks, the Secretary of State, or a separate board?
- Challenge process: How can a voter or candidate contest a determination?
- Standard of proof: Is “dual citizenship” presumed based on birthplace, parentage, or foreign documents?
Operationally, restrictions can be drafted in at least three distinct ways, each with different litigation risks.
- Restricting voter registration: Blocking registration if a person is “dual.”
- Restricting ballot participation: Allowing registration but denying a ballot, including by mail.
- Restricting candidacy/office-holding: Allowing voting but disqualifying candidates, or removing officeholders.
Each structure affects different rights, burdens, and remedies. Courts often examine whether the rule imposes severe burdens on eligible voters, and whether the state has narrower options to address its stated concerns.
Warning: If a dual-citizen ban is enacted, voting while deemed “ineligible” could trigger investigations. Do not “guess” about eligibility. Get legal advice before casting a ballot if you receive a notice or challenge.
3) Who is most affected: dual citizens, naturalized Americans, and candidates
Dual citizenship can arise lawfully in several common ways. Examples include birth in the United States to parents who can pass another nationality, birth abroad to a U.S. citizen parent combined with automatic citizenship under the other country’s law, or citizenship by descent through parents or grandparents.
Other pathways include marriage-based pathways in some countries and naturalization in the United States while the prior country continues to treat the person as its citizen, even after a U.S. oath.
Many U.S. citizens lawfully retain another nationality because renunciation is not always possible, is expensive, or is not recognized by the other country. Some people do not even realize they are dual citizens until they apply for a foreign passport or inherit nationality by operation of foreign law.
In Wyoming, the groups most likely to feel immediate effects include: currently registered voters, new registrants who already must satisfy proof-of-citizenship rules, and prospective candidates who may face eligibility challenges early in the election cycle.
From a defense-strategy standpoint, the practical question is not just whether you are a U.S. citizen. It is whether the state would classify you as “dual,” and what documents or databases it would use.
This is also where careful planning matters. For office-holding, eligibility fights can be fast-moving and public. For voters, disputes can arise close to Election Day, when time to appeal is limited.
4) Legal framework: constitutional rights, equal protection, and federal voting safeguards
Any state attempt to single out dual citizens will likely be met with arguments grounded in federal constitutional protections.
Equal protection and citizenship principles. Critics may argue that targeting dual citizens creates unequal treatment among U.S. citizens. The 14th Amendment’s Equal Protection Clause is often invoked when a state draws lines that burden one set of citizens differently than others.
Legal challengers would likely emphasize that “dual” status is not the same as non-citizenship, and that voting is a core right of citizens.
Voting-rights safeguards. Depending on how a ban is implemented, challengers may also invoke federal voting protections, including claims about disparate impact on naturalized citizens and communities with higher rates of dual nationality.
Litigation in this area often focuses on definitions, enforcement mechanisms, and burdens placed on eligible voters, including confusion and administrative error.
What courts tend to examine. In election cases, courts frequently focus on how many eligible voters could be wrongly excluded, whether the state offers meaningful notice and a timely cure process, and whether the state’s interest could be achieved with narrower measures.
Because Wyoming sits in the Tenth Circuit, any federal challenge would also be shaped by that jurisdiction’s precedent and the posture of the case. Remedies can differ if a case seeks emergency relief close to an election.
5) Related Wyoming election law: proof of citizenship and what it changes
Wyoming’s recent election-law trend matters because it affects logistics even without a dual-citizen ban. Wyoming’s HB 156, effective July 1, 2025, requires documentary proof of U.S. citizenship for voter registration.
Proof-of-citizenship rules typically focus on documents and verification steps. They often involve presenting a U.S. passport, a birth certificate, a certificate of naturalization, or other qualifying records, subject to state-specific rules.
The friction points are predictable: name mismatches after marriage, delayed vital-records requests, limited access to original documents, and processing delays.
A proof-of-citizenship regime primarily affects registration mechanics. A dual-citizen ban would affect substantive eligibility. That distinction matters in court and for defense strategy.
If you are an eligible voter, errors in document processing can still keep you off the rolls unless you act quickly.
Deadline Watch: If you receive a notice that your registration is challenged or canceled, respond immediately. Administrative timelines can be short, and late responses may be treated as forfeitures.
6) Federal activity and January 2026 announcements: why they’re being cited
Wyoming’s proposal is developing amid high-profile federal enforcement announcements. Those releases are often cited in election-integrity narratives, but they do not automatically justify broad eligibility changes.
For example, a USCIS January 2026 news release described agency assistance in an indictment alleging fraudulent voting and false statements in immigration processes. DHS also made separate January 2026 announcements reflecting stricter enforcement priorities in other contexts.
These items may influence state debates by highlighting that non-citizen voting allegations exist and are prosecuted. But isolated prosecutions are not the same as evidence that large groups of citizens should be disqualified.
Courts often require tight tailoring between the problem identified and the restriction imposed.
SAVE and list maintenance. State officials may also cite database tools such as SAVE (Systematic Alien Verification for Entitlements) for voter-list maintenance. SAVE can be used to check immigration status in benefits contexts, and states have explored its role in elections administration.
However, database matching can produce false matches, outdated status information, and data-entry errors. If the Wyoming proposal relies on database screening, the accuracy and appeal procedures will likely be central issues.
Warning: Database hits are not final determinations. If you receive a notice tied to status verification, preserve documents and consult counsel before signing statements or withdrawing registration.
7) Track the proposal: what to monitor during the 2026 session
For voters, candidates, and community organizations, monitoring is part of the defense strategy. The most important details will be in the text.
- Definitions: How Wyoming defines “dual citizenship,” “allegiance,” and “renunciation.”
- Enforcement: Which office makes decisions, and whether county clerks must investigate.
- Carve-outs: Possible exceptions for dual citizenship acquired at birth, or for citizens who cannot renounce.
- Effective dates: Whether the change applies immediately, or after a transition period.
- Grandfathering: Whether currently registered voters and current officeholders are treated differently.
- Appeals and cure: Notice procedures, timelines, hearings, and what proof is accepted.
Where updates typically appear includes Secretary of State communications, Wyoming legislative bill pages, and court filings if litigation begins. If a lawsuit is filed, early motions for temporary restraining orders or preliminary injunctions may determine what rules apply for an upcoming election.
Practical Note: Candidates should plan early. Eligibility challenges often surface at filing time, and remedies may be limited after ballot printing deadlines.
8) Official sources (for verification and citations)
Because this issue is moving quickly, readers should rely on primary sources for the exact wording, dates, and procedural posture. The most reliable starting points are official government pages that post releases, bill text, and agency announcements.
In this guide, key references include the Wyoming Secretary of State’s releases page, the Wyoming Legislature’s bill portal (including materials related to HB 156), and federal agency newsrooms where contemporaneous announcements are published.
Federal references commonly cited in the public debate include USCIS and DHS newsroom items, plus Department of Justice materials describing election-related prosecutions and filings.
For verification, start with:
Defense strategy takeaway: prepare now, and do it with counsel
If Wyoming advances a dual-citizen voting or office-holding ban, affected people should think in two tracks: (1) administrative readiness and (2) legal readiness.
Administrative readiness means assembling documents, confirming registration status, and tracking deadlines. Legal readiness means preparing how to challenge an adverse decision and where to file suits or emergency motions.
Because the proposal raises complex constitutional questions and high personal stakes, representation by a qualified election or immigration attorney is critical, especially for naturalized citizens and candidates.
This article provides general information about immigration law and is not legal advice. Consult a qualified immigration attorney for advice about your specific situation.
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