On January 30, the Wyoming House passed HB 173. It makes ballot access much worse for independent candidates. Currently they need a petition of 2% of the last U.S. House vote, which in 2026 would be 5,201 signatures. The bill would increase that to 13,003 signatures. Already Wyoming has the nation’s highest percentage for petitions for presidential candidates, if the easier method in each state is used. Wyoming has the nation’s smallest population.

The bill also moves the petition deadline for independent candidates to 81 days before the primary. The 2026 primary is August 18, so that would mean a deadline of May 29, 2026. Existing law says the independent petition is due 70 days before the general election, which is August 25.

The bill also tells qualified minor parties, which nominate by convention, that they must complete their nominations by 81 days before the primary.

The bill would be unconstitutional for several reasons. It violates Anderson v Celebrezze, the U.S. Supreme Court decision that said independent presidential candidates must be given a chance to run later than the spring. Wyoming is in the Tenth circuit, and in 1984 the Tenth Circuit said in Populist Party v Herschler, 746 F 2d 656, that even a June 1 deadline is probably too early. On page 661 it said, “The June 1 deadline (which was the deadline for petitions for new parties) appears to run counter to the views in Anderson and Blomquist which would permit independent parties to organize after the conventions of the major parties.”

The bill would also be unconstitutional for denying equal protection to the qualified minor parties, given that the major parties would still be permitted to choose their nominees as late as August.

All of the bill’s sponsors are Republicans. The bill has 22 House sponsors and four Senate sponsors.