After Wyoming’s Republican governor called for the state attorney general to investigate legal issues around what he called “aggressive” federal agents monitoring the primary election, Laramie County Clerk Debra Lee praised the governor’s strong response.
Lee also warned other county clerks, and officials in other “red” states, that what happened in her county could happen in theirs.
“I share Governor (Mark) Gordon’s concerns about the ‘surprise’ visit of the Department of Justice (DOJ) election monitors during Wyoming’s Primary Election and support his inquiry into the matter,” said Lee in a Friday statement. “His inquiry is grounded in the U.S. Constitution’s guarantee of constitutional authority over our own elections.”
Lee called the DOJ’s monitoring mission “far from transparent” and said the federal agents didn’t coordinate with her, as the county’s chief election official.
“A stated purpose of the monitoring mission was to ensure protection of voters,” said Lee. “The monitors’ actions and line of questioning in Wyoming did not appear to meet that objective. If anything, their presence may make voters think twice about voting at the polls on Election Day.”
Wyoming’s general election still lies ahead, Nov. 3.
“I hope Governor Gordon’s strong stand results in the DOJ operating in a more transparent and professional manner, showing respect for all state and local authorities, and for our voters,” said Lee. “Our voters have a right to know if observers or monitors are present in their polling place and what their intentions are.”
Lee advised her fellow county clerks and election administrators in other red states, “don’t think this won’t happen to you.”
“Know what the law allows monitors to do and what it does not, and what the monitors’ intentions are,” said Lee. “Make plans now in case unannounced federal election monitors show up at your polling places on Election Day.”
Candidates Weigh In
Gordon reacted to the election-day operation, which he called poorly noticed and "a bit aggressive," by announcing at the Wednesday meeting of the State Canvassing Board that he’d have Wyoming Attorney General Keith Kautz review the incident.
He told Cowboy State Daily on Thursday he was “shocked” the Trump administration launched an election monitoring mission in Wyoming.
Secretary of State Chuck Gray countered, saying in both the Wednesday meeting and to Cowboy State Daily on Thursday that state law allows for election observation.
It does, but it assigns that to poll watchers chosen by political parties, and living in their respective counties. Gray had also emphasized last week that the DOJ move was announced publicly.
That announcement came on election day.
Gray’s opponents in the race for Wyoming’s lone U.S. House seat both voiced consternation Monday.
The Libertarian nominee Shawn Johnson said Gordon is right to ask for the AG’s review.
“I think their (DOJ’s) attempts at trying to interview voters at the polling stations were inappropriate,” said Johnson in a Monday text message.
He said he agrees that, based on Lee’s assessment the operation was poorly managed.
“This is another example of the federal government trying to pry their way through the Tenth Amendment,” said Johnson.
The 10th Amendment to the U.S. Constitution reserves powers not listed as federal to the states, or to the people.
Democratic nominee Lisa Kinney’s team said in a Monday statement, “Wyoming can handle its affairs better than the Feds at every turn.”
“We have faith in the integrity of our hard-working County Clerks, and the excellent work they do. How much of our tax dollars did they waste on this trip?” the statement asks.
Kinney’s statement also derides Gray for a past election-law controversy.
The Visit
The U.S. Attorney’s Office had announced in an election-day statement that it was coordinating with the DOJ’s Civil Rights Division to monitor polling sites in Wyoming “to ensure transparency, ballot security, and strict compliance with federal voting rights statutes.”
The statement goes on to reference a number of federal laws designed to protect voters’ access.
Cowboy State Daily received that statement via email at 2 p.m. on election day – five hours before the polls were to close for the day and seven hours after their opening.
Lee’s account of that operation paints an intrusive picture.
She described a visit by two federal officials who didn’t show their credentials at first, then tried to launch a short-notice monitoring operation during “extremely busy times” at the poll station.
In response to the controversy that followed, the U.S. Department of Justice referred Cowboy State Daily back to a statement it distributed July 27, warning non-citizens not to vote, and another one dispatched the afternoon of primary election day announcing the monitoring operation.
The DOJ’s Thursday email to Cowboy State Daily includes a quote by Darin Smith, U.S. Attorney for Wyoming.
“Voters deserve absolute confidence that their ballots are secure and their voices are heard without interference,” said Smith in the email. “The DOJ worked alongside local officials to ensure every lawful vote was protected. We do not comment on internal operational timelines, but the deployment was fully aligned with our stated mission to protect the vote.”
According to Lee, the federal official with whom she spoke on election day said the Wyoming Secretary of State’s Office had also been notified.
“I was informed the monitors were sent to assess compliance with federal civil rights and voting rights laws,” said Lee. “To do this, they intended to interview voters. We do not allow interviews to be conducted in polling places, so this was denied.”
Lee said the DOJ’s questions seemed, to her, to be outside the scope of federal voting-rights laws. They probed about the nature, length, and timing of poll worker training.
They asked for training guides, asked how the new election equipment was acquired, and wanted to examine the clerk’s tabulators, Lee added.
“Wyoming law does not specifically allow election observation, except by certified poll watchers, who are authorized to observe registration and turnout,” she added. “Wyoming law has no provision for election monitoring. This was a poorly managed exercise and one that showed complete disregard for our state laws and administration of our elections.”
Clair McFarland can be reached at clair@cowboystatedaily.com.
