January 27, 2022 |
The clock is ticking on a temporary restraining order and preliminary injunction that blocks Governor Gordon from selecting a replacement for Wyoming’s Superintendent of Public Instruction. Federal Judge Scott Skavdahl issued the order yesterday. It expires at noon today when the judge will issue a final order.
The request for the injunction is included in a civil right-voting discrimination lawsuit filed by a group of 16 defendants, largely attorneys, who asked the federal court to issue a permanent injunction. They claim the selection process is unconstitutional because it gives voters in small counties, like Niobrara, a disproportionate amount of voting power, as much as 40 times greater than a Laramie County resident. The defendants named in the lawsuit are Wyoming GOP Chairman Frank Eathorne, the Wyoming Republican State Central Committee and Governor Gordon.
In accordance with state law, the Wyoming GOP selected three candidates for State Superintendent of Public Instruction at its Central Committee meeting on Saturday. Governor Gordon was to select one to replace Jillian Balow, who was elected as a Republican. Balow resigned earlier this month.
On Tuesday, the governor met with the three: Brian Schroeder, Sr., Marti Halverson and Thomas Kelly. By law, the governor has five days to name Balow’s successor. Today is the fifth day.
Because the historical replacement process used by the GOP Central Committee gives each county three votes, the plaintiffs argue that it discriminates against voters in Wyoming’s most populated counties, and therefore violates the constitutional guarantee of one-man one vote. Party officials argue that the process directed by state statute involves a “selection,” not an “election.”
The governor has not addressed legal issues surrounding the appointment publicly.
The federal court’s final order will be issued later today.
Related: Lawsuit filed against Gov. Gordon, GOP over school superintendent selection process
Pictured above: File photo of Rawlins Middle School. Photo by Cali O’Hare/Bigfoot 99.
