Rep. Joel Guggenmos (R-Riverton) moved outside House District 55 to a mobile home in House District 31. Guggenmos had to move because his landlord raised his rent and the only place he could find was the home in Ivan Posey ’s district (D-Ft. Washakie).
Reportedly, he lived outside his district for nearly 9 months, only recently renting a place to move back.
The likelihood Rep. Guggenmos will be removed from his current office is nil.
Wyoming’s Constitution makes it clear only the members of the House get to determine who serves in the Wyoming House. Article 3 Sections 10 and 12 give exclusive authority to members of the house to determine who is qualified to serve and who is not qualified to serve.
Rep. Guggenmos is a member of the Freedom Caucus. With this House leadership, Freedom Caucus members appear to get special privileges, like bizarre rules interpretations and allowing lobbyist donor/press members on the floor.
Do not expect the House to call a special session to expel Rep. Guggenmos.
It will never happen.
But the real issue is whether Guggenmos will be able to file for office for the upcoming term.
Both Wyoming Statute and the Wyoming Constitution require someone who files for office to have lived in the district for twelve months preceding the election.
“Residence” is defined for purposes of the election code at W.S. 22-1-102(a)(xxx), a person’s place of actual habitation. The law contains an exception that a person does not give up residence if he leaves, temporarily, with the intent of returning.
Guggenmos will argue the exception applies to him.
Nine months residing outside the district is a long time. Too long.
Even Rep. Guggenmos admitted he “resided” outside his district when he completed is routine ethics and disclosure form which he filed with the Secretary of State. He listed is address as being in House District 31. Not House District 55.
Years ago, Rep. Matt Greene was challenged for not living in his district. He was elected to represent house district 45. He lived at Forward Operating Base Salerno in Afghanistan. He was a combat helicopter pilot on active duty.
No one could argue that Rep Greene intended to reside in Afghanistan. His belongings resided in a storage unit in House District 45, where he intended to reside.
Rep. Green was allowed to be on the ballot. No one challenged him prior to the election.
In full disclosure, I sat as chairman of the investigative committee which voted 6-3 to seat Rep. Greene.
The reasons for seating Rep. Greene were twofold.
First, no one should be punished for serving on active duty in a combat zone in the United States military.
Second, the voters of Albany County elected Rep. Greene to office.
The fact that he was allowed on the ballot, and the voters of Albany County chose him to serve weighed heavily in favor of seating him.
In other words, the legislative committee trusted the voters.
If Rep. Guggenmos files for office, and he is challenged, the county clerk is going to have to determine whether Rep. Guggenmos goes on the ballot.
If someone was active duty military, that is a good reason. If someone’s house burns down, and they are temporarily housed in a hotel while the home is rebuilt, that is a good reason.
But not being able to find housing in the district for nine months is a pretty weak excuse. Voluntarily living outside the district for a majority of the time he was elected to office, and then renting space shortly before he files for office does not bode well for ballot placement.
Filling out a form for official purposes and filing it with the Secretary of State listing your residence as outside the district is a damaging admission.
Julie Freese, the Fremont County Clerk, will have to determine whether Guggenmos goes on the ballot or not.
If the constitution means anything, Rep. Guggenmos did not live in his district for the twelve months prior to taking office.
When exceptions are made on flimsy excuses, we sacrifice the rule of law.
He should not be allowed on the ballot.
Tom Lubnau served in the Wyoming Legislature from 2004 to 2015 and is a former Speaker of the House. He can be reached at: YourInputAppreciated@gmail.com
