This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.
The Wyoming Supreme Court agreed with a district court judge's decision to dismiss an attempt to remove Secretary of State Chuck Gray from office on Feb. 13.
Retired Laramie attorney Tim Newcomb sought to have Gray removed under Section Three of the Fourteenth Amendment, which bans state officials from having engaged in insurrection or rebellion, or given aid or comfort to those who have.
Newcomb’s lawsuit alleged Gray provided “aid and comfort” to Jan. 6 insurrectionists who rioted at the U.S. Capitol in Washington, D.C.
His original lawsuit was filed in Albany County’s Second Judicial District last February. That court ruled against Newcomb in August. He then appealed to the state’s high court.
In the Supreme Court decision, justices agreed with the lower court that Newcomb failed to state a claim on which the dismissal could be granted.
“Mr. Newcomb cannot state a claim to remove Secretary Gray under Wyoming law, which contains only two avenues for removing a statewide elected official other than through an election—impeachment and the remedy of quo warranto,” the decision reads. “This Court has no subject matter jurisdiction to impeach a state officer where the Wyoming Constitution solely vests such jurisdiction to the House of Representatives.”
“Further, [Wyoming Statute] state[s] only the attorney general, a county attorney, or a party claiming entitlement to hold public office may bring an action quo warranto. This Court has also held that a declaratory judgment action is not the proper mechanism for obtaining the remedy of quo warranto. Because Mr. Newcomb is not a member of the House of Representatives, the attorney general, a county attorney, or a party claiming entitlement to hold public office, he cannot pursue either avenue, and he has failed to state a claim on which relief can be granted.”
Newcomb also previously filed a lawsuit to have then-former Pres. Trump removed from future election ballots due to his involvement in Jan. 6. The Wyoming Supreme Court dismissed that suit on March 25, 2024.
