A federal judge has thrown out a lawsuit challenging a new Wyoming law that requires voters to provide proof they are U.S. citizens, finding that the plaintiff did not show it is being impacted by the law.
The Equality State Policy Center, a nonprofit coalition made up of about 20 organizations, said in its May suit that Wyoming House Bill 156 violated the constitutional rights of members of the coalition by barring people from voting unless they presented documented proof of citizenship, such as a driver’s license, because women and minorities are less likely to possess such documents.
The plaintiff also said it would have to devote significant resources to answering questions from its member organizations about the law.
U.S. District Judge Scott Skavdahl said in his July 22 decision that the policy center is not a voter, so it is not targeted by the statute.
While organizations can still establish standing, or the ability to advance litigation, by claiming an injury or showing it represents its members, the center has not established that it has suffered an injury traceable to the law, the judge said.
Diversion of resources has been identified by the U.S. Supreme Court as insufficient to establish standing for organizations.
The second prong has also not been met because the suit contained “broad, conclusory allegations lacking factual substance,” or did not show that any individuals who are members of the center’s member organizations have been impacted, or would be impacted, by the law, Skavdahl said.
“The court agrees with Plaintiff that if any of its members’ individual members are shown to have standing for this suit, then Plaintiff would have standing despite being two degrees removed from those individuals,” Skavdahl said.
“The problem for Plaintiff is that while it asserts its members have individual members who are potential Wyoming voters, it has not alleged specific facts that, if taken as true, would show ‘that at least one identified member had suffered or would suffer harm’ from HB 156’s registration requirements.”
The Equality State Policy Center did not respond to a request for comment.
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