The Wyoming House and its Freedom Caucus members want there to be no doubt about who will run in state elections long before the actual election date, and what political parties they represent.
On Tuesday, the House passed first reading of a bill that would move the date to file as an independent candidate in Wyoming to well before the primary, thus eliminating the ability for people to run after certain candidates lose their primary elections.
Current statute, often referred to by its critics as the “sore loser law,” allows people to file as independent candidates up to 70 days before the general election and then run in that election. This gives people the ability to file their candidacy for about 10 days after the primary election.
The bill sponsor, state Rep. Jeremy Haroldson, R-Wheatland, said he’s had county elections staff complain to him about the 70-day rule, which gives the clerks a short window to print ballots for Wyoming residents voting from overseas.
This has occurred a few times around the state over the last few years. Some of the candidates were candid when speaking to Cowboy State Daily about the results of the primary election being their inspiration for running.
Haroldson said the bill does not stop independents from running for office.
“They can run in the general like they always have, but they have to make a concerted effort to make it reality,” Haroldson said.
Reactive political registrations like these have been a source of frustration for hardline conservatives like Haroldson. In 2023, Haroldson passed a bill into law that prevents people from changing their party affiliation based on the candidates running for office, by moving the deadline to before the filing period.
Is It Really A Problem?
Current state law says a candidate can’t run in the general election if they don’t win their primary campaign.
In 2024, Cheyenne resident Matt Malcom tried to push the limits of this law by attempting to run as an independent candidate after losing in the Republican primary election.
Malcom and a few others filed a lawsuit in the Wyoming Supreme Court over the matter. The case was sent to the local district court level, where it's currently being considered.
Under House Bill 173, independent petitions for office would have to be filed 81 days before the primary election, which would put them in alignment with the current deadline to file for the primary election as a major party candidate in Wyoming. This was May 31 in 2024.
The bill would also require minor party candidates, people representing affiliations like the Libertarian, Constitution and Socialist parties, to file by the 81-day deadline.
HB 173 would also require people filing independent campaigns to collect more signatures to certify their campaigns.
Rep. Steve Harshman, R-Casper, spoke against the bill, saying people should have the right to launch a campaign if someone else ran unopposed in the primary or won a close election at that time.
"I think we've got to be really careful here," he said. "I don't think this thing is broken so I don't think it needs fixing."
He also mentioned how an independent candidate ran against him in the general election this year, which he thought was a positive.
“I want to make sure we’re trying to solve a problem rather than maybe get out and make it inadvertently harder for people to vote and participate in the process,” he said. “I urge us caution on this deal. We’ve got really a pretty doggone nice system and it’s worked for us for years and years and done a good job. Why we’re trying to mess a little bit and change it I’m not sure.”
That candidate however only ran a write-in campaign and did not have their name printed on the ballot. Nothing in HB 173 would impact write-in campaigns.
More Partisanship, Not Less
Also Tuesday, the House Appropriations Committee rejected a bill that would have made the positions of county clerk, treasurer, coroner and assessor nonpartisan in Wyoming by a 6-1 vote.
The bill sponsor, Rep. Ken Chestek, D-Laramie, and others supporting the legislation said it would have provided more transparency to Wyoming elections by forcing the public to learn more about their candidates rather than relying on party affiliation to guide them.
“I think it actually increases transparency,” Chestek said. “Using party affiliation to judge how someone will do jobs is misleading. By removing party designations, it will require voters to inquire more deeply. Candidates can make the case to public on how they will do the technical qualifications to do their job.”
Secretary of State Chuck Gray spoke against the bill, saying partisan decisions can come into play for even jobs like county coroner.
“Makes these elections more about big money as opposed to the issues,” Gray warned. “The transparency of identifying their parties goes away. All of these offices exert value judgements.”
He also mentioned how he’s seen vastly different opinions among the county clerks on certain issues.
Nearly all of the county clerks, treasurers, assessors and coroners in Wyoming ran for office as Republicans.
The opinions of Gray and Appropriations Chair Rep. John Bear, R-Gillette, on this matter are curious when considering they and many other like-minded Republicans have criticized other members of their party for being illegitimate Republicans because of their political stances.
Freedom Caucus Republicans like Gray and Bear have generally supported a heightened partisan culture in Wyoming.
Conversely, a bill that would make school board races partisan in Wyoming has been advancing in the Senate. Senate File 98 would require candidates for school board trustee to have their political party affiliation printed on general election ballots.
Last week, the Senate Education Committee passed the bill on a 3-2 vote, with Sens. Evie Brennan, R-Cheyenne, Jared Olsen, R-Cheyenne, Charles Scott, R-Casper, voting in support of it, and Sens. Chris Rothfuss, D-Laramie, and Wendy Schuler, R-Evanston, voting against it.
School board races have already become increasingly partisan around Wyoming, with local political parties endorsing certain candidates for the currently nonpartisan office.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
