Wyoming Supreme Court Upheld Crossover Voting Ban

The state's high court ruled that the measure prohibiting party affiliation changes does not violate election laws.

Updated on Oct. 1, 2026 in Law

Bold flat-color editorial illustration showing vertical stone monoliths in a desert, representing the institutional structure of election law. — The Wyoming Supreme Court issued a unanimous ruling on Tuesday affirming the constitutionality of the state's law banning crossover voting during election cycles. AI Illustration. Upload story photo >

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Should states be allowed to restrict voters from changing party affiliation before a primary election?

The Wyoming Supreme Court issued a unanimous opinion upholding the state's crossover voting ban. The ruling confirms that the law, which prevents voters from switching party affiliation once the filing period opens, remains constitutional.

Why it matters

Lawmakers enacted the ban to stop party raiding by non-affiliated voters, and the court found it does not impose severe burdens on voting rights. The decision clarifies that strict scrutiny does not automatically apply to all election regulations.

The court assessed the law against Article 1, Section 3 and Article 1, Section 27 of the Wyoming Constitution. It determined that applying strict scrutiny to all election laws would impede the state's ability to administer elections.

The players

Wyoming Supreme Court

This is the state's highest judicial body responsible for interpreting the Wyoming Constitution and overseeing the state legal system.

Wyoming Legislature

This is the state's governing body that drafts and passes legislation, including the 2023 act concerning election procedures.

The details

The court examined whether the statute treated similarly situated individuals equally and concluded it did not impose a severe enough burden to require strict scrutiny. Plaintiffs had challenged the Republican-backed legislation on constitutional grounds, but the unanimous bench affirmed the current electoral framework.

1992: The court established its equal-protection case law precedent.
2023: The Republican-controlled legislature passed the crossover voting ban.
January 6, 2026: The court issued a decision in State v. Johnson.
September 24, 2026: The court issued the ruling on the crossover voting ban.

Political Context

Opponents of the ruling argue that limiting voter choice during the primary process disenfranchises independent-minded citizens. Advocacy groups contend that such laws prioritize party gatekeeping over broad voter participation, potentially discouraging turnout.

Wyoming voters must now ensure their party registration is set before the candidate filing period begins to participate in partisan primaries. Failure to update status in advance will prevent participation in those specific primary contests.

The takeaway

The court's decision affirms that states possess significant latitude to regulate internal party processes to protect the integrity of their primaries. Voters should proactively manage their party affiliations well before filing deadlines to avoid being locked out of selection processes.