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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.