The Libertarian Party of Wyoming is challenging a state law that blocked its efforts to cross-nominate Republican state Sen. Cale Case and Democratic state Rep. Karlee Provenza, with the party hoping both lawmakers could appear on the November ballot under their major party labels and as Libertarians.
Cowboy State Daily reported last week that party delegates had nominated Case for Senate District 25 and Provenza for House District 45 at the Libertarian Party of Wyoming’s state convention earlier this year, but that the Secretary of State’s office later rejected both nominations. More specifically, the publication references Wyoming Statute 22-4-304(d), which requires minor party nominees to be members of that party when their names are certified to state officials, as the justification for the rejection.
Libertarian delegates originally met for the state convention on May 31 in Green River, where they nominated Shawn Johnson for U.S. House and several state House candidates. Rather than adjourn, the state party recessed, later reconvening on June 17 for the latter half of the convention.
The publication adds that both lawmakers appreciated the nominations and supported the party’s end goal of allowing cross-party nominations, though each intends to remain on their respective major party ballot lines. Case defeated Republican challenger Lisa Wilson in the August 18 primary and has no Democratic opponent later this year, while Provenza won the Democratic nomination unopposed and will face Republican Ross Davenport. Case did, however, tell Cowboy State Daily that had he lost the Republican primary, he would have been willing to run as a Libertarian.
The Libertarian Party of Wyoming later provided background online about its efforts to file the nominations. The party said its secretary originally delivered the certification paperwork and filing fees for both candidates on August 17, one day before the state primary. According to the party, the Secretary of State’s office accepted the paperwork and fees when they were submitted before later making its objections.
In addition to the two candidates, the party also said convention delegates nominated Republican state Sen. Bob Ide for Senate District 29 but did not submit his certification after being unable to reach him. Ide later lost his Republican primary.
The party said its goal was fusion voting, with Case recognized as both the Republican and Libertarian nominee and Provenza as both the Democratic and Libertarian nominee. However, Wyoming Statute 22-6-112(b) prohibits a candidate’s name from appearing more than once on the general election ballot, meaning the candidates could not have been listed separately under each party label even if the membership requirement in Wyoming Statute 22-4-304(d) were not an issue.
Still, the party has pushed back against the rejection, arguing that political parties should be allowed to choose their own nominees regardless of partisan registration. “Multiple states around the country allow for fusion voting, and the only restriction on this process is the ban on cross-party nominating, which the Supreme Court calls flatly unconstitutional,” the party said.
In support of that argument, it pointed to the U.S. Supreme Court’s 1986 ruling in Tashjian v. Republican Party of Connecticut, where the court wrote that restricting a party to selecting only its own members as nominees would infringe on its First Amendment rights. The party also said it was consulting attorneys over the dispute.
It also provided context as to why delegates chose to nominate Case and Provenza, pointing to Case’s record on civil liberties and opposition to expanding government authority, as well as his endorsement of Ron Paul during the 2008 presidential cycle. It meanwhile acknowledged economic disagreements with Provenza, calling her “economically NOT the most libertarian,” but said her record similarly provided common ground on civil liberties, particularly her efforts to curb government seizure and enforcement powers while expanding individual rights in criminal justice and cannabis policy.
In follow-up remarks published August 22, the party said it had held “multiple discussions with incoming legislators” and was confident the issue could be resolved during Wyoming’s next legislative session. It also said it looked forward to working with lawmakers and referred to the potential effort as Wyoming’s “First Amendment Protection Act.”
“We still consider Cale Case and Karlee Provenza to be the rightful nominees of the Libertarian Party,” the party added.
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