If at first you don’t succeed, try another political party on the ticket.
That’s the track Cheyenne resident Matt Malcom appears to be taking with a lawsuit he filed in Laramie County District Court on Wednesday against Secretary of State Chuck Gray for not allowing him to run as an Independent in the general election.
In denying Malcom’s candidacy, Gray is upholding a Wyoming law that prevents people from running in the general election if they lose in the primary a few months prior.
In last week’s Republican primary, Malcom lost to state Rep. Daniel Singh, R-Cheyenne, by 153 votes for House District 61 in a rematch of their 2022 race.
According to his lawsuit, after this loss, Malcom gathered 60 signatures as part of his effort to get on the general election ballot as an Independent candidate to run against Singh again, which he submitted Monday.
Gray rejected the petition, citing Wyoming law 22-5-302, which states that, “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."
A separate law extends this ban for people who qualified for the general election by receiving enough write-in votes during the primary.
“The ban on unsuccessful primary candidates running as independents is clear and unambiguous,” Gray told Cowboy State Daily. “This is a deeply troubling, desperate lawsuit.”
Malcom clarified to Cowboy State Daily that even though his lawsuit is technically against Gray, he views it as a challenge of the law, which he believes suppresses voter turnout.
“Too many voters aren’t fully represented in our election process, and this law limits their options,” he said. “Greater competition in our elections means we can hold our politicians accountable.”
Joining Malcom in the lawsuit is former state legislator Jim Roscoe, an Independent from Wilson who believes the law violates the Wyoming Constitution and that the state’s major political parties have become dominated by extreme voices.
“As a Wyoming voter, Roscoe has an interest in and believes that having the freedom to support and/or vote for other candidates like Malcom who wish to run as Independent candidates regardless of their prior participation in or success in a party primary election is important to restoring political balance in Wyoming, which is a goal Roscoe wants to help achieve,” the filing reads.
Gray refers to the law as the “sore loser” statute.
He believes it serves a valuable purpose in preventing candidates from “circumventing the primary election process” by running again after they lose.
“Our laws have to mean something, and I will continue to enforce the law,” he said.
Gray also noted that Malcom failed to sign his Independent candidate petition and gain prior approval from the Secretary of State’s Office before collecting signatures. Gray’s office turned away another candidate Monday partially for not getting prior approval before collecting signatures.
Why Is It Unconstitutional?
The lawsuit argues that the law infringes on Malcom’s and Roscoe’s right to political equality guaranteed by the state Constitution to run for office and vote.
“We are seeking a judicial declaration that Wyoming’s laws prohibiting a candidate who is unsuccessful in a party primary from running in the general election as an Independent violates the Wyoming State Constitution,” said their attorney William Schwartz in a press release. “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.”
They request a declaratory judgment that the sore loser law is unconstitutional, reimbursement for all their costs, and any other relief the court deems fair.
Why Is He Doing It?
Malcom said the decision to file his lawsuit was not one he took lightly and that his desire to serve in the Legislature exceeds his desire to be the nominee of any political party.
There are no Democrats running against Singh in the general election and after his primary loss, Malcom said many people reached out to him frustrated that they now have no choice on the November ballot. He pointed out that of the roughly 8,000 people living in House District 61, only 859 voted, resulting in about 10% of residents making decisions for the rest.
“This is about freedom at the polls,” Malcom said in a press release. “Wyomingites deserve more choices on the ballot. More competition will force candidates to earn constituent votes by talking about the issues that matter.”
Leo Wolfson can be reached at leo@cowboystatedaily.com.
