Judge Dismisses Challenge to Wyoming Proof of Citizenship Law, Leaving Barriers for Voters in Place

Voters wait in line outside a polling place in Wilson, Wyoming (AP Photo/Jae C. Hong)

A federal judge dismissed a major lawsuit challenging Wyoming’s new proof of citizenship voter registration law.

In an order issued Tuesday, U.S. District Judge Scott Skavdahl, appointed by former President Barack Obama, ruled the plaintiffs in the case failed to show they would be personally harmed by the law, which took effect earlier this month. 

“Plaintiff has not adequately demonstrated its standing to sue on its own behalf or on behalf of others in this action,” Skavdahl wrote. “The Court lacks subject matter jurisdiction over this lawsuit, and consequently it must be dismissed.”

The law requires voters to present documentary proof of U.S. citizenship, such as a passport, birth certificate or naturalization papers, in order to register to vote. Voting rights advocates have warned it could disenfranchise eligible voters who don’t have matching or ready access to those documents including women, rural and low-income voters.

The court did not rule on the merits of the law and whether it is constitutional or not.

“The Court has not considered nor makes any comment on the merits of Plaintiffs’ claims,” Skavdahl added. 

The dismissal comes after both the Republican National Committee and the U.S. Department of Justice filed motions in support of the law. And after Laramie County — the state’s largest — concluded an investigation into alleged voter fraud, finding no evidence of noncitizen voting. 

The ruling means HB 156 will remain in effect for now, not because the law was upheld but because of a procedural issue.

The Elias Law Group (ELG) represented the plaintiffs in the case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.