The Wyoming Republican Party can’t use its autonomy rights as a defense when sued if it “sat on” those rights for 40 years, an attorney suing the party argues.

A group of Hot Springs County Republican Party leaders sued the Wyoming Republican Party, its Dispute Resolution Committee and a few of its officials last year, alleging that the party violated state law by giving voting power to outgoing officials who weren’t precinct delegates chosen by a vote of the people.

While this case has been unfolding, the Wyoming Republican Party announced that it’s going to quit following the state laws that pertain to it in light of a 1989 U.S. Supreme Court case, Eu v San Francisco County Democratic Central Committee, affirming parties’ rights to dictate their own fate as private groups.

“We are reasserting, not asking for our rights,” Wyoming GOP Chair Bryan Miller said at the state party’s April 23-25 convention. “Wyoming will have to fight this if they want to fight this.” 

Miller also said that, “the party’s rights have been violated for nearly four decades.”

Why Didn’t They Say So Before

The state GOP cited that same case and filed that same defense in the Hot Springs County case.

The plaintiffs’ new attorney Kate Mead, who replaced the original attorney Clark Stith as the latter is now a judge, told a court Friday that this logic doesn’t work.

That’s because of a legal concept called “laches.”

It means that when someone takes “unreasonable delay” in asserting his rights, and others suffer for that delay, the court will deny relief to the person who caused that delay, according to Black’s Law Dictionary.

Mead pointed to Miller’s comments to the convention’s bylaws committee.

“The chairman of the WRP’s statements … were the first that plaintiffs learned that the WRP had sat on its constitutional rights argument for nearly 40 years,” wrote Mead in her argument. “Why hasn’t the WRP sought review of Wyoming election law prior to this case?”

Mead noted that the Wyoming Supreme Court told a subgroup of the GOP, the Uinta County Republican Party, how to notify the Wyoming attorney general when launching a constitutional challenge during its 2023 case on these same arguments about autonomy.

“WRP’s delay of nearly 40 years, according to their own chairman, is undeniably inexcusable as a matter of equity,” wrote Mead. “WRP failed to file a direct constitutional challenge against the state, instead causing the plaintiffs here untold disadvantage, injury, time and money.”

Mead noted that the 2023 Uinta County case stemmed from the same basic dispute about which party leaders can vote, and whether the party can rely on its own bylaws rather than state law for that decision.

“And, as expected, here we are again,” she said, chalking the recurring dispute up to a lack of clarity and the party’s delay in vindicating its rights in court.

She’s asking the case judge, Uinta County District Court Judge James Kaste, to let her add her argument into this case.

Kaste is also expected to make a decision in the coming days on whether to dismiss the case or keep it alive for trial, a phase called “summary judgment.”

But That’s New

That’s not the whole story, Miller told Cowboy State Daily in a Wednesday phone interview.

The party has long had clashes over its rights and the restrictions state law places on it, but he didn’t know about the Eu case until Jan. 17 of this year when the party’s attorney, Caleb Wilkins, unearthed it for him, Miller said.

Before that point, the existence of that case was a theme of “scuttlebutt,” Miller said.

“I had heard there was a case out there. I’ve since found out that they tried to bring it up in the Uinta County case,” he said.

But Frank Eathorne was the state GOP chairman at that time, and Uinta County waged that case apart from the state party besides, said Miller.

He said the Eu case probably would have changed the outcome for Uinta County GOP, but the Wyoming Supreme Court wouldn’t hear that argument.

That’s because no one notified the state attorney general that the state’s laws were under attack as unconstitutional, as the law requires, court documents say.

“I’d been bugging our attorney, you know, for a couple months, December timeframe,” said Miller “Then January he goes, ‘I found the case you’re talking about.’”

Miller told bylaws committee members on April 23 that the party intends to challenge Wyoming in federal court to vindicate its rights.

He told Cowboy State Daily on Wednesday it’s getting close to filing.

Meanwhile, The AG

Wyoming Attorney General Deputy Megan Pope is defending Wyoming’s laws in this case and asserts they’re constitutional. 

While Pope has acknowledged the power of Eu, she’s also pointed to later cases setting up a tiered test by which a state may survive a party’s claims of autonomy by showing that its laws only burden the party minimally.

On Friday, Pope added another argument: the state Republican Party is not wholly private. It manages public functions.

Wyoming law tells major parties that their county central committees must comprise people elected at the primary election from within their respective neighborhoods. 

It tells them to help fill vacancies when partisan elected officials leave office mid-term, as the party matching the incumbent’s affiliation chooses three nominees to replace him.

And state law tells the major parties they can’t financially back one candidate over another in the primary election. That’s generally read to mean the parties can’t endorse candidates in the primary election.

Party leaders at the convention April 25 said the party wants to endorse candidates, impose loyalty tests and assert its autonomy in other ways.

“These statutes do not intrude on private associational rights,” wrote Pope in her new Friday argument. “Instead, they regulate the composition of party committees that perform public functions.”

She pointed to cases addressing that quasi-public category.

“The First Amendment protects a party’s right to organize itself and conduct its own affairs,” wrote Pope, with a  reference to the Eu case, “But when a party exercises powers ‘traditionally exclusively reserved to the State,’ it is treated as a state actor and its actions become subject to constitutional constrain under the public function doctrine.”

The quote within Pope’s quote there is from the 1974 U.S. Supreme Court case of Jackson v. Metro Edison Co. — addressing the public functions of public utilities.

This case is ongoing, and Kaste has not yet ruled whether to dismiss it as too legally settled for trial or let it go to a jury.

Clair McFarland can be reached at clair@cowboystatedaily.com.

The San Francisco Giants announced a fitting tribute to one of the best players in the history of Major League Baseball on Wednesday afternoon. 

Willie Mays, the legendary center fielder and Hall of Famer, would have turned 95 on Wednesday. And the Giants, in conjunction with Mays’ Say Hey Foundation, along with several other sponsoring parties, will be designating a portion of a local freeway as the Willie Mays Highway. 

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This designation will cover a portion of Interstate 80 where the San Francisco-Oakland Bay Bridge reaches the city near Oracle Park, the Giants’ home stadium. Signs on I-80 have already been installed with the new designation, a way for Mays to become a permanent part of the San Francisco Bay Area and his home franchise. 

Giants personnel spoke about the honor and what it meant to have a “reminder” of his infectious spirit and personality next to the stadium.

DODGERS’ SHOHEI OHTANI BLASTS HOMER IN WIN, ACHIEVES STATISTICAL FEAT UNSEEN SINCE WILLIE MAYS

“What an incredibly special way to honor Willie’s legacy,” said Larry Baer, Giants president and CEO according to MLB.com “For generations, this portion of I-80 on the Bay Bridge has carried Giants fans into San Francisco, and now it will forever carry Willie’s name—a lasting reminder of the joy and inspiration he brought to this city. It is also fitting that this same span of the bridge is named after former San Francisco Mayor Willie Brown Jr., two great San Franciscans.”

Mays came to the Bay with the Giants in 1958, and has a list of accomplishments to rival any other player in MLB history. A 24-time All-Star, two-time MVP, 12-time Gold Glove winner and 660 home runs, the sixth-highest number by an individual player.

Jeff Idelson, the executive director of the Say Hey Foundation, also issued a statement celebrating the announcement.

“Wille was more than a baseball great, he was a part of the fabric that helped define San Francisco culture for more than a half century,” said Idelson. “Not only is this a fitting way to recognize his lasting contribution to the community, but it furthers Willie’s legacy as a national icon.”

One of the state senators who introduced the bill paving the way for this designation was Bill Dodd from nearby Napa, who also added, “I cannot think of anyone better to welcome people traveling across the Bay Bridge to San Francisco than Willie Mays. He was an inspiration to so many of us growing up. I was so pleased to have had a part in making this happen.”

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The combination of speed, power, defense and joy Mays played the game with is incredibly rare, which is why his legacy is still viewed with such importance today, nearly 53 years after he retired. Hopefully, the next generation of baseball fans will stay familiar with his career thanks to this reminder.

DENVER — Denver leaders say the city is ready to host the 2028 Democratic National Convention.

Local and state leaders came together Wednesday to show off the city, giving the Democratic National Committee its third of five site tours across the country.

Among the finalists are Boston, Chicago, Philadelphia, Atlanta and Denver.

“In 2028 Democrats will gather at the national convention to reaffirm the core principles of our party and nominate the next President of the United States of America,” Ken Martin, chair for the Democratic National Committee, said.

READ MORE: Denver selected as finalist to host Democratic National Convention in 2028

He said the process of selecting the host city is a “serious and deliberative one.”

The selection will be based on factors including hotel space, transit and airport access, venues, restaurants and bars, and culture, among other things.

Colorado Democratic Party Chair Shad Murib made the case for what Denver brings to the table.

“Denver offers a town square, a place to debate, place to energize and a place to organize around the ideals that have always propelled this country forward with fairness, justice and the pursuit of happiness, and that’s what the West has always provided,” Murib said.

Denver Mayor Mike Johnston and Colorado Gov. Jared Polis also joined in the pitch. Johnston acknowledged it has been 18 years since Denver last hosted the DNC in 2008, but said he believes the event could bring in half a billion dollars in economic activity to the city.

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Denver leaders pitch city as host for 2028 Democratic National Convention

“It’s four consecutive days of prime-time national television of 50,000 or more people in the city, hosting parties, events, gatherings, and so it’s a huge economic impact for us,” Johnston said.

Hosting the convention comes with a significant cost to the city as well. Johnston said Denver has a plan in place to cover it.

“That is certainly part of the question the convention will have, is each city’s ability to fundraise for the convention,” Johnston said. “We’ve built a very detailed financial plan to lay out our path to raise the resources that we would need to do and we’re prepared to do that.”

Denver Democrats are hoping to recreate the success of the 2008 DNC, nearly two decades later.

“Hosting a national convention, of course, can be a great economic boon for any city with over 35,000 delegates, guests and members of the press in attendance; the Democratic National Convention helps showcase its host city as a world class destination,” Martin said.

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