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MEMORANDUM

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Date: August 22, 2023

Subject: Residency Requirements for Voting

To: Joint Corporations, Elections & Political Subdivisions Interim Committee

From: County Clerks’ Association of Wyoming (CCAW)

_____________________________________________________________________

Summary:

The County Clerks’ Association of Wyoming (CCAW) has expressed concerns about the

lack of clarity concerning the definition of “bona fide resident” and the means of confirming

the eligibility of applicants. The question of a durational residency requirement is a matter

of policy and as such CCAW has no policy position on the question of durational

residency. However, durational residency can be administered and is currently being

administered in four states who have National Voter Registration (“NVRA”, “Motor-Voter

Act”) exemptions.

Often, Wyoming’s County Clerks get the brunt of accusations when citizens believe some

individuals are misrepresenting themselves as Wyoming residents. For instance, the

presence of vehicles with out-of-state license plates at polling places has caused some

to call into question the process by which county clerks validate a person’s residence –

specifically on election day. In reality, the definition of “bona fide resident” of Wyoming is

vague and difficult to definitively prove given current requirements. 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. 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.

This memorandum is broken into two sections:

1. Lack of Clarity (pages 2 - 5): The first portion of this memorandum is dedicated to

the overarching ambiguity regarding the lack of clarity for what it means to be a

“bona fide resident.” That lack of clarity will need to be addressed through statute.

Achieving clarity must be done with utmost care to ensure no citizen is

disenfranchised from their right to vote and that implementation of residency

requirements are clearly defined and simple to understand and implement.

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MEMORANDUM

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2. Durational Residency (page 5 - 13 ): Again, CCAW does not have a policy position

on the question of durational residency, but the second portion of this

memorandum will provide the Joint Corporations, Elections & Political

Subdivisions Interim Committee (“The Committee”) and the Secretary of State’s

Office with information about what other states require as proof that a potential

voter has fulfilled their durational residency requirement. We believe that the

documentation required to prove residency can, and should, continue to be

established through administrative rules.

We believe that these are two distinct matters to be considered but admit that without

addressing the broader issue of residency, a durational standard will have the same

enforcement effect as the current residency standard. We must also caution that an

arduous registration process may cause legitimate residents of the state to not participate

in the election process. We believe the number of voters who would choose to not register

would be greater than the number of applicants exposed as not living where they claim

to reside.

The purpose of this memorandum is to not sway the Committee’s decision one way or

the other, but to instead provide context and a point of view from those who are guiding

citizens through the voter registration process on a daily basis.

Lack of Clarity:

W.S. §22-1-102(a)(xxvi) defines “qualified elector” as “...every citizen of the United States

who is a bona fide resident of Wyoming...” but the Election Code fails to define what

makes a resident “bona fide.”

The idea of residency is further complicated by the definition of “Residence” requiring the

intent of the applicant to be considered when determining whether they are a bona fide

resident. For instance, W.S. §22-1-102(a)(xxx)(A), says a residence is “...the place where

a person has current habitation and to which, whenever he is absent, he has the intent

of returning...”. W.S. §22-1-102(a)(xxx)(C) continues by saying “A person shall not lose

his residence by leaving his home to go to another state, another district of this state, or

to another country for temporary purposes, with the intent of returning, if he has not

registered in the other state, district or country.” W.S. §22-1-102(a)(xxx)(D) says, “A

person shall not gain residence in a county if he enters it without the intent of making it

his current actual residence.” W.S. §22-1-102(a)(xxx)(E) says, “If a person removes to

another state with the intent of making it his residence...”.

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MEMORANDUM

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The establishment of residence for the purposes of becoming a qualified elector is difficult

given the “open ended” ability for an applicant’s intent to qualify them as a bona fide

resident. A further complication of this issue of residency are those individuals

residing in properties that span state, county, or municipal lines. The requirement

from them to prove which side of that line they reside on does not currently exist in law.

Under current Wyoming law, there is no requirement that those applying to be

registered voters (“applicant”) provide proof of residence. W.S. §22-3-103(a)(ii) only

requires that an applicant provide their “...current residence address or if living

temporarily in another state or nation, his last residence address in Wyoming.” The

Election Code does stipulate that election judges have authority to challenge a voter’s

qualifications to register and vote (W.S. §22-15-101, 104). In the event of a challenge,

election judges are allowed to request documentation showing the individual’s name and

address. The documentation that can be requested is enumerated in Secretary of State

Administrative Rules on Election Purposes, Chapter 2. It is important to remind at this

point that not every applicant is required, at the time of registering, to provide any of the

documentation enumerated above unless they are challenged by an election judge.

Persons whose eligibility to register and vote cannot be established at the time of a

challenge may be given a provisional ballot that allows them to satisfy eligibility

requirements prior to close of business the day after the election.

The Election Code is not the only location where the matter of residency is considered.

Within Title 23 (Game & Fish) the question of residency is considered, and admittedly is

further clarified. For instance, W.S. §23-1-102(a)(xv) defines domicile, and §23-1-107

further defines what constitutes residency for the purpose of obtaining game and fish

licenses. The intent of a potential licensee becomes less prominent by using clearly

defined lengths of time at which point a potential licensee becomes a nonresident (W.S.

§23-4-107(d)). The question of what documents are sufficient when determining whether

a potential licensee is a resident of the state is clearly defined in W.S. §23-1-107(h). Those

documents include:

i. “A Wyoming driver’s license, identification card issued under title 31 of the

Wyoming statutes, or a copy thereof;

ii. A copy of the applicant’s school records or military form DD214, which indicates

Wyoming as the applicant’s domicile and home of record;

iii. A proof of residence statement on a form provided by the department that has been

completed and signed by the applicant...

iv. A minor dependent may use as proof of residency the documentary evidence of

his parent or legal guardian.