Wyoming Municipal Ordinance Implementation¶
Wyoming presents a near-perfect storm of obstacles for municipal election protection ordinance strategies. It is the most Republican state by presidential vote share (Trump won 71.6% in 2024), with the Wyoming Freedom Caucus holding 34+ of 62 House seats — the first state Freedom Caucus to control a legislative chamber nationally. Comprehensive firearms preemption (W.S. 6-8-401), HB 172's expansion of gun-free zone repeal, HB 133's sanctuary city ban with private enforcement actions, and the Wyoming Supreme Court's narrow interpretation of home rule authority all render municipal ordinances legally impossible under current state law. However, Wyoming's constitution contains notably powerful language on free elections and military subordination that is valuable as legal research for briefs in other jurisdictions.
Section 1: Legal Battlefield¶
Home Rule — Strong on Paper, Weak in Practice¶
Article XIII, Section 1 of the Wyoming Constitution (amended 1972) grants cities and towns power to "determine their local affairs and government," subject to "statutes uniformly applicable to all cities and towns." Section 1(d) mandates liberal construction "for the purpose of giving the largest measure of self-government." However, the Wyoming Supreme Court has substantially undermined this mandate. In Cheyenne Airport Bd. v. Rogers, 707 P.2d 717 (Wyo. 1985), the court called municipalities "largely the creatures of the sovereign state and in need of specific delegations of powers" — pure Dillon's Rule language. Scholar Thomas S. Smith argued in "No Home on the Range for Home Rule," 31 Land & Water L. Rev. 791 (1996), that the court "inexplicabl[y] ignores" the home rule amendment.
The Wyoming Association of Municipalities has noted that many consider Wyoming municipalities to have been granted "home rule authority in name only" — the provision is qualified as "subject to state statutes," and the Wyoming Supreme Court has never broadly interpreted it. Counties operate under Dillon's Rule principles.
Comprehensive Firearms Preemption¶
Wyo. Stat. Section 6-8-401© provides comprehensive firearms preemption covering "sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms." The Second Amendment Protection Act (Wyo. Stat. Section 9-14-203, 2022) imposes criminal penalties (up to 1 year imprisonment, $2,000 fine) on officials enforcing "unconstitutional" federal gun control — Wyoming is one of only three states with "gold-rated" gun sanctuary laws. HB 172 (2025) repealed gun-free zones and strengthened preemption further, allowing concealed carry in government meetings, public buildings, and airports. HB 133 (2025) banned sanctuary cities with private enforcement actions against non-compliant officials. Polling places are not listed as prohibited locations. Municipal ordinances barring firearms at polls are legally impossible under current state law.
Constitutional Provisions — Valuable for Other Jurisdictions¶
Article 6, Section 27 contains powerful language: "Elections shall be open, free and equal, and no power, civil or military, shall at any time interfere to prevent an untrammeled exercise of the right of suffrage." Article I, Section 31 provides the military "is at all times and in all places subordinate to the civil power." These provisions are valuable as legal research assets for briefs in other jurisdictions, not as grounds for Wyoming municipal action.
Section 2: Statute Localization Kit¶
Key Wyoming Statutes:
- Wyo. Stat. Title 22 — Election Code of 1973 (as amended)
- W.S. 22-6-130 — Post-election ballot audit (enacted 2023; 5% ballot sample for statewide contests)
- W.S. 22-15-109 — Poll watchers
- W.S. 22-26-101 through 22-26-121 — Offenses and penalties
- W.S. 22-26-111 — Voter intimidation (inducing fear through threats of force, violence, harm, or economic/official retaliation — up to 5 years imprisonment and/or $10,000 fine; exclusively a felony)
- W.S. 22-26-113 — Electioneering buffer zone (100 yards / 300 feet on Election Day; 100 feet for absentee polling places)
- W.S. 22-26-121 — Aggrieved elector complaint mechanism (quasi-private right of action: complaint to SOS/DA, then AG if they refuse to act)
- W.S. 6-8-401 — Comprehensive firearms preemption
- W.S. 9-14-203 — Second Amendment Protection Act (criminal penalties for enforcing "unconstitutional" federal gun control)
- Wyo. Const. Art. XIII, Section 1 — Home rule (liberally construed, but judicially undermined)
- Wyo. Const. Art. 6, Section 27 — Free elections; no civil or military interference with suffrage
- Wyo. Const. Art. I, Section 31 — Military subordinate to civil power
Wyoming is the only state in the Plains and Mountain West batch where voter intimidation is exclusively a felony (W.S. 22-26-111). W.S. 22-26-121 provides that any aggrieved qualified elector may file a complaint with the SOS or district attorney, and if they refuse to act, with the Attorney General — a quasi-private right of action pathway unique in this batch.
Wyoming has no state voting rights act. It is exempt from NVRA motor-voter requirements and HAVA provisional ballot requirements due to same-day voter registration.
For a comprehensive statutory cross-reference, see the 50-State Viability Analysis.
Section 3: Target City Analysis¶
| Municipality | Pop. | Government | Political Lean | Key Assets | Rating |
|---|---|---|---|---|---|
| Jackson/Teton County | ~10,760 / ~23,300 | Mayor-council / County commission | Only county to vote for Harris in 2024; Biden won by 37.5 points in 2020 | Nearly all-blue county commission | LOW |
| Laramie/Albany County | ~31,400 / ~37,000 | Mayor-council | Swing county with narrow Democratic margins | University of Wyoming | VERY LOW |
Jackson/Teton County is the sole viable municipality but faces overwhelming state retaliation. The legal theory fails under Section 6-8-401's comprehensive firearms preemption and HB 133's sanctuary city ban. With only 7 Democrats out of 93 total legislators, no legislative protection exists against retaliatory legislation. An ordinance would provoke retaliatory legislation potentially harming progressive local governance on other issues, endanger the few progressive officials in the state, and provide a rallying target for the Freedom Caucus.
Section 4: Coalition Directory¶
Coalition infrastructure in Wyoming is negligible. The ACLU of Wyoming is a tri-state chapter (WY/ND/SD) with limited standalone capacity, and no significant voting rights organizations exist in the state.
The 10th Circuit upheld Wyoming's 300-foot Election Day buffer zone as constitutional in Frank v. Lee (October 2023), reversing the district court. The absentee zone and overbreadth issues were remanded and continue before Judge Kelly Rankin.
Wyoming's constitutional language (Art. 6, Section 27 and Art. I, Section 31) and SAPA framework can be cited in legal briefs supporting ordinances in other states where the campaign is active.
Section 5: Election Security Infrastructure¶
State Election Authority & Legal Framework¶
Secretary of State Chuck Gray (R) assumed office January 2023. Gray has been among the most aggressive SOS officials in pushing "election integrity" measures aligned with conservative priorities. The SOS oversees 23 county clerks in Wyoming's decentralized system, governed by Wyoming Statutes Title 22 (Election Code of 1973, as amended).
The 2025 legislature passed a sweeping conservative package: HEA 57 (documentary proof of citizenship for registration), HEA 61 (ban on foreign funding of ballot measures), HEA 62 (voter roll maintenance using DHS SAVE system), HEA 65 (ban on private election funds), HEA 71 (ranked choice voting prohibition), and critically, HB 172 — the Wyoming Repeal Gun Free Zones Act (effective July 1, 2025), which allows concealed carry in government meetings, public buildings, and airports while strengthening firearms preemption. Governor Gordon allowed HB 172 to become law without his signature.
Nearly all 23 counties use hand-marked paper ballots with ES&S optical scanners. Laramie County was the sole DRE holdout. Post-election audits are mandated since 2023 (W.S. 22-6-130), requiring audit of statewide contests with a 5% ballot sample.
Wyoming did not join the 19-state lawsuit. Wyoming's 2025 legislative agenda was explicitly aligned with EO 14248's goals. Attorney General Keith G. Kautz (R) was appointed by Governor Mark Gordon effective July 7, 2025, succeeding Bridget Hill (now on the WY Supreme Court). Wyoming is one of only 7 states where the AG is appointed rather than elected.
Cybersecurity Infrastructure & Capabilities¶
CISO Miguel Penaranda was appointed February 2025 within Wyoming Enterprise Technology Services (ETS), led by CIO Jeff Clines (appointed September 2024). The cybersecurity team of approximately 5 people is responsible for 127 state agencies. Wyoming uses CrowdStrike Falcon XDR as its primary platform and KnowBe4 for training. Governor Gordon established the CARE Team (Cyber Assistance Response Effort) by Executive Order 2023-02, uniting ETS, the Wyoming Information Analysis Team (WIAT), Division of Criminal Investigation, Office of Homeland Security, and National Guard.
HAVA funding totals approximately $6-8 million cumulative: $3M in FY2018 (90% toward voting equipment), $1M in FY2022 ($425K security, $425K WyoReg, $150K training). The Wyoming National Guard underwent a U.S. Army Cyber Command Cyber Operational Readiness Assessment in August 2024, but has no dedicated state cyber unit comparable to larger states, relying on federal Guard assets and the multi-agency CARE Team.
Wyoming is among the most vulnerable states to CISA withdrawal. With only 5 cybersecurity staff, 23 small counties with minimal IT resources, no dedicated Guard cyber unit, and effectively defunct EI-ISAC services, the state faces significant election security gaps.
Physical Security & Polling Place Protections¶
Wyoming has the largest buffer zone in the Plains and Mountain West batch: 100 yards (300 feet) from the building containing a polling place on Election Day under W.S. 22-26-113, with a 100-foot zone for absentee polling places. The 10th Circuit upheld the 300-foot Election Day zone as constitutional in Frank v. Lee (October 2023), reversing the district court.
Wyoming presents the most challenging environment for polling place firearms protections. Wyoming was one of the earliest constitutional carry adopters (2011 for residents, expanded 2021). State firearms preemption under W.S. 6-8-401 is comprehensive. HB 172 (2025) further expanded gun rights by repealing gun-free zones in government buildings. Polling places are not listed as prohibited locations.
Wyoming is the only state in this batch where voter intimidation is exclusively a felony. W.S. 22-26-111 criminalizes inducing fear in electors through threats of force, violence, harm, or economic/official retaliation for the purpose of impeding voting, with penalties of up to 5 years imprisonment and/or $10,000 fine. W.S. 22-26-121 provides that any aggrieved qualified elector may file a complaint with the SOS or district attorney — a quasi-private right of action pathway unique in this batch.
Legal Strategies & Key Contacts¶
Key Contacts:
- Secretary of State: Chuck Gray (R) — (307) 777-5860; elections@wyo.gov; sos.wyo.gov/elections
- Attorney General: Keith G. Kautz (R) — attorneygeneral.wyo.gov
- Cybersecurity: CISO Miguel Penaranda — ets.wyo.gov/cybersecurity; CARE Team: hls.wyo.gov/programs/care-team
- Wyoming Office of Homeland Security: hls.wyo.gov
- Election Protection Hotline: 866-OUR-VOTE (866-687-8683)
Printable Flyer¶
Download the Wyoming Election Protection Flyer
A printable 5.5" × 8.5" flyer with Wyoming-specific legal analysis, target cities, and coalition partners.
Open the flyer in your browser, then use File → Print or Ctrl+P to print or save as PDF. The flyer is optimized for half-letter (5.5" × 8.5") printing.
City-Specific Flyers¶
Printable flyers for individual cities with local council details, meeting schedules, and action steps.