The Wyoming Constitution and state law is clear that only U.S. citizens can vote in Wyoming elections.
That’s not enough for Secretary of State Chuck Gray, who over the past year has been pushing for reforms he believes will further weed out illegal voters in Wyoming.
He and Gov. Mark Gordon have previously tangled over the issue and whether action is needed, including the governor killing rules Gray had drawn up.
But on Thursday, Gordon issued an executive order clarifying that non-U.S. citizens can’t vote in Wyoming elections and directing state agencies to prevent this activity.
“I remain confident Wyoming’s elections are the most secure in the nation,” Gordon said in a press release. “As required by the laws enacted by the Legislature, our county clerks are thorough and diligent when determining, investigating and verifying voter citizenship. With this executive order, I reaffirm my commitment to that ideal.
“Residents can be confident that this order removes any confusion and clarifies for our agencies — should there be any doubt — that they will not enable or facilitate any noncitizen to register to vote or help them to vote.”
In April, Gordon vetoed rules Gray proposed to tighten voter registration requirements at the polls.
Gray’s rules would have required people registering to vote in Wyoming to prove residency if their form of identification didn’t already show it. Current law does not require voters to prove their residency beyond a sworn affidavit, which Gray sees as a loophole in the law.
In his veto letter, Gordon said the rules exceeded Gray’s statutory authority and that the Legislature has already given to the state’s 23 county clerks the responsibility to run elections while preventing fraud and delivering accurate results.
In a response to Gordon’s executive order Thursday, Gray said although the governor “may be beginning to take the issues” the secretary of state has brought up more seriously, it still doesn’t make up for his veto.
“Wyoming needs proof of residency and citizenship verification for voting to ensure that only Wyomingites are voting in Wyoming elections,” Gray said in a press release. “As I have previously said, we also need a durational residency requirement. I continue to hope that Governor Gordon will agree to work with us and the Legislature to actually address the problem head-on.”
All The Rage
Gordon said he released the executive order in response to voter concerns about non-U.S. citizens voting nationwide. In July, Idaho’s governor and secretary of state signed a similar order
Early on in his administration, President Joe Biden issued an executive order to try and get more eligible voters signed up to cast ballots. The order called for federal agencies to promote voter registration and participation in ways that are “consistent with applicable law.”
GOP lawmakers, state election officials like Gray and Republican activists have launched claims this summer that the Biden administration is using the order to overstep the federal government’s role in elections, garner more Democratic voters and register non-U.S. citizens, who cannot legally vote in federal elections.
On Wednesday, U.S. Rep. Harriet Hageman voted in favor of an appropriations bill that includes legislation she co-sponsored that would require states to obtain proof of citizenship — in person — when registering someone to vote and require states to remove non-citizens from existing voter rolls.
Wyoming Example
Gray has brought up multiple times the instance of an alleged illegal immigrant who was removed from the voter rolls in Campbell County as an example of how the problem is relevant to Wyoming.
This individual, Christian Lopez, 42, voted in the 2020 general election in Wyoming and was still on the state’s voter rolls registered as a Republican as of August 2023.
According to court documents, Lopez pleaded guilty to making a false statement to acquire a passport in 2022 and was sentenced to 60 days in jail in 2023. He had used a fraudulent birth certificate to get a Wyoming’s driver’s license as well as register to vote in Wyoming, and had attempted to use the fake birth certificate to get a passport.
The lengths Lopez went to acquire his false identification were quite extensive. This is not consistent with the actions of most illegal immigrants, who typically prefer to not risk being discovered and stay on the margins of society.
Lopez had acquired his real Social Security number in 2011 by the use of an Oregon driver’s license, which he got in 2004 through the use of his fake birth certificate.
Generally, only U.S. citizens or noncitizens authorized to work in the United States by the Department of Homeland Security can get a Social Security number.
Gray’s suggestions for heightened residency verification and durational residency requirements would not necessarily prevent people from being able to vote if they use a fake birth certificate and or real Social Security number like Lopez did.
Malcolm Ervin, president of the County Clerks’ Association of Wyoming and Platte County Clerk, said scenarios like these are highly atypical.
He pointed out that anyone who uses a fake Social Security number and votes will be caught for the crime after they vote. Counties that use E-poll books will be able to prevent these people from voting in the first place.
What Does The Order Do?
Gordon’s order directs state agencies to take a variety of actions to ensure that non-citizens do not vote or register to vote.
Under the order, state agencies may not provide voter registration materials to non-citizens and must confirm that they are not required to provide those materials to non-citizens when contracting with federal programs or agencies.
Ervin said he’s not aware of any state agencies in Wyoming that regularly provide voter registration materials to the public.
County clerks, which are not considered part of any state agency, don’t check the qualifications of someone who registers to vote until after they have submitted their paperwork.
The governor’s order also encourages Gray and the county clerks to continue to use the tools provided to them to investigate and verify voter registration.
Gordon also said he wants the Legislature to provide clarity on the definition of the term “bona fide resident,” an effort the county clerks have indicated they support. That definition is one of the key parts of Gray’s push for the durational residency requirement of one month in Wyoming.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
