Lawsuit Filed Over Wyoming Election Law, Gray Responds

A man who recently lost the GOP primary for a legislative seat from Laramie County and a former state legislator are suing Wyoming Secretary of State Chuck Gray over a law preventing losers in primary elections for running as an independent in the general election.

But Gray says the law is clear on the issue, and calls the lawsuit deeply disturbing. You can hear his full reponse in the audio file attached to the article.

Background Of The Lawsuit

Matt Malcom ran in the Republican Primary for Wyoming House District 61 on August 20, losing to incumbent Daniel Singh by 153 votes. Malcom then collected 60 signatures to run as an independent for the same seat, exceeding the 35 required by law. But when he attempted to file, his candidacy was rejected by Gray on the grounds that Wyoming law prohibits candidates who lose a primary from then running as an independent.

Wyoming Statute 5-22-302 says "An unsuccessful candidate for office at a primary election, whose name is printed on any party ballot, may not seek nomination by petition for the same office at the next general election."

But Malcom and former state legislator Jim Roscoe are challenging that law, claiming it violates Wyoming voters rights. Roscoe is filing as a voter.

In a news release Malcom writes “Residents in my district have reached out to voice their frustrations with our election system. They are upset that now they will have no choice on the November ballot,” said Malcom. “This is about freedom at the polls. Wyomingites deserve more choices on the ballot. More competition will force candidates to earn constituent votes by talking about the issues that matter.”

But Gray says the legal action is a "desperate, deeply troubling lawsuit. The ban on unsuccesful primary candidates running in the general election is clear and unambigous." He says the ''sore loser' law is designed to keep candidates from circumventing the primary process, adding "our laws have to mean something."

Malcolm's attorney, William Schwartz says the law "violates the Wyoming State Constitution These laws unconstitutionally infringe upon Matt Malcom’s political rights to run as an independent candidate and Jim Roscoe’s political rights as an independent voter.”

The lawsuit was filed in Laramie County District Court On August 28. It is asking for a judgement overturning the law on the basis that it violates the Wyoming Constitution.