It’s likely too late for the Wyoming GOP to change state law this year to financially back some candidates over others before an opposed primary.
But this will be the first year the state party will announce its preferred selections for federal and statewide races based in-part on a new loyalty test.
Those decisions will have a big impact, whether or not the money follows, Wyoming GOP Vice Chair Bob Ferguson said. He expects the first endorsements to come out in early July.
The party voted to champion such endorsements at its April state convention. Wyoming’s GOP is now suing to back those decisions with financial support before an opposed primary.
Candidates, however, have been split on whether they welcome that support.
Lawyers in Cheyenne and Washington, D.C. filed the first amendment challenge in a lawsuit filed on June 4. It comes months before a closely contested primary and follows a trend of the party wanting more influence earlier on in the election process. The lawsuit claims that state law “censors” the freedom to support preferred candidates.
“The State of Wyoming has no compelling interest in preventing a political party from expressing a preference among its own primary candidates or in dictating how a political party allocates its private funds among such candidates,” the complaint states.
The party wants to be freed up to directly contribute money to one preferred Republican candidate who is “most aligned” with the platform. It also wants to publish print and online guides ranking candidates based on alignment.
“Certain people are like, ‘Oh my God, this is the worst thing in the world. It’s going to change Wyoming politics.’ Yeah, it is. It’s going to change the way business has been done in Wyoming,” said Wyoming GOP Chair Bryan Miller.
For years, Miller said he’s heard neighbors in Sheridan ask for a list of “who the party approves.”
Every year, he’s had to tell them he can’t provide that answer. But not this year.
“They won’t look at the nine candidates that are running for U.S. House and go, ‘Oh my God, I have no idea where to start,” Miller said. “This will give them a starting point. It’s what they’ve been asking for for years.”
Many counties are already holding debates and sending out platform questionnaires.
Teton County’s Republican chapter said in May it won’t join the state in backing candidates before voters weigh in the August 18 primary.
It’s not clear how unusual limitations in Wyoming are.
Parties in many states practice some type of pre-primary selection, according to Andrew Bahl, law team staff writer at the nonprofit Ballotpedia.
“Every state does it so differently,” he said. “A number of states have been introducing bills to try and have closed primaries or change their primary type.”
Some parties go further to influence voters. Two states — Connecticut and Rhode Island — allow endorsements that appear on ballots. Three states don’t have primaries for statewide office and the party makes an endorsement at a nominating convention.
Ferguson and other party leaders say only Wyoming and South Dakota state law prohibit financial endorsements before a primary, while acknowledging that some states have different processes such as a caucus or convention.
Some Republicans in Jackson bristled at the GOP’s decision to enforce candidates. That’s set to be based in-part on a promise to support 80% of the party platform.
“I don’t like the litmus test,” Teton County Republican Tote Turner told KHOL. “I don’t think it’s up to a few members of the party to decide who’s Republican enough to run as a Republican.”
Proponents of the pledge say it’s a low bar. They reference the party’s relative consistency in its platform across years and say that vetting is a key reason the party exists.
“We have been working with the legislature for more than a decade to get them to change this law,” Miller said. “[Voters] expect their party to help get people who align with their values.”
The state’s Democratic party has also pushed back against the change, arguing that voters should decide whom to advance. “That’s the whole reason why we have primary elections,” said Lucas Fralik, head of the Wyoming Democratic Party.
Stephen Klein of the Washington, D.C.-based law firm Barr and Klein, is helping argue that Wyoming’s law against financial endorsements violates free speech. He previously told KHOL that he doesn’t expect the issue to be settled by the August primary.
“There’s obviously a lot of controversy around this,” he said.
