The Wyoming Attorney General’s office has filed a motion seeking to dismiss a suit challenging a new state law that requires voters to present ID at the polls.

The motion requesting dismissal argues that plaintiff Tim Newcomb, an attorney who has expertise in the Wyoming Constitution, has not been harmed by the law and therefore lacks standing to bring the challenge.

“Put simply, Newcomb fails to allege any fact that indicate a genuine interest in this case,” the state’s memorandum says. “Newcomb has not alleged that he has or will suffer any harm.”

The law, which requires voters to show ID at the polls, was passed in the 2021 legislative session and has been in effect for roughly a year.

The upcoming midterm elections will be the first major elections in Wyoming where voters will have to bring identification. The state’s voters have long had to show a photo ID when registering, a provision the lawsuit does not challenge.

The lawsuit, brought by Newcomb and his attorney Charles Pelkey, a former Democratic state lawmaker, alleges the statute is inconvenient and unnecessary.

“(The voter ID law) trammels the constitutional right essential to suffrage both in passage and operation,” the suit states.

This suit represents one of the first attempts to legally challenge the voter ID law on the basis of the state’s constitution.

“This is not the last century,” the lawsuit read. “The government needs to show why the first acceptable photo ID cannot display automatically to the poll workers when people vote, so voters can be welcomed and thanked for voting — rather than challenged.”

Currently, 35 states have some sort of voter ID law with varying levels of requirements.

In Wyoming, if ID is not presented at the polls, a voter is given a provisional ballot. To have that ballot be counted, the voter must visit a county clerk no later than the close of business on the following day and present a valid ID.

This is Wyoming’s first voter ID law, but lawmakers attempted to pass similar bills before they were finally successful in 2021.

The success came after former President Donald Trump repeatedly made unfounded allegations of voter fraud in the 2020 presidential election. Dozens of courts have refuted those claims.

Neither Newcomb nor Pelkey immediately responded to requests for comment Tuesday.

The Natrona County Clerk Tracy Good recently told the Star-Tribune that voters do not seem to be hindered by the new ID requirement.

“People are glad that we’re asking for ID to vote,” she said. “No one seems to have any heartburn about that.”

The following forms of ID are acceptable: WY driver’s license or ID Card; tribal ID card; valid U.S. passport; U.S. military card; driver’s license or ID card from another state; University of Wyoming student ID; Wyoming community college student ID; Wyoming public school student ID’ valid Medicare insurance card; valid Medicaid insurance card.

If you do not have one of the listed documents, you may obtain a free Wyoming identification card from the local driver services office.

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