Redistricting resolution sought

Commissioners consider rescinding vacancy resolution

Mary Stroka

NLJ Reporter

On Sept. 17, The Board of Weston County Commissioners discussed rescinding its April 2 resolution to declare vacancies in the Wyoming State Legislature, but, in a split vote, decided not to.

The board had approved the resolution in a 3-2 vote, as the News Letter Journal previously reported. Chairman Don Taylor and commissioners Vera Huber and Garrett Borton supported the resolution in that vote. (The resolution was
drafted in response to the 2022 legislative redistricting plan. As part of the plan the legislature approved, representation of Weston County residents is split in both state legislative chambers.)

On Sept. 17, the commissioners affirmed their earlier votes. Ed Wagoner and Nathan Todd voted in favor of rescinding the resolution, while Borton and Huber voted against and Chair Don Taylor broke the 2-2 tie by also voting against rescinding the resolution.

“We just two weeks ago voted to support, and I think that we have a responsibility to follow our state constitution,” he told the News Letter Journal on Sept. 23. “I think it will be an uphill fight and ultimately it will need to go to court. There, in my opinion, was no need to roadblock at the county level.”

Although she ultimately voted against rescinding the motion, Huber said during discussion that the board may want to wait until the next round of redistricting.

“I think we could have more power at that point when we can go down to Cheyenne and fight for the redistricting and at the same time put in our vacancies at that time,” she offered. “I’m not sure how far we’ll get at this point and if the county should be in that position.”

Commissioner Nathan Todd noted that the footnotes in Article 3, Section 3 of the state constitution say that the section, which says “each county shall constitute a senatorial and representative district; the senate and house of representatives shall be composed of members elected by the legal voters of the counties respectively, every two (2) years,” is inconsistent with the application of the “one person, one vote” principle “under circumstances as they presently exist in Wyoming” and the Wyoming Legislature can “disregard this provision” when reapportioning either chamber. 

Weston County Attorney Michael Stulken said he believes the footnotes are case law that interpret the con-stitution.

“If I say ‘no,’ I’m still upholding my oath of office, correct? I mean, it’s in the book,” Todd said of the footnotes.

He said the argument that the commissioners aren’t holding up their oath of office “maybe doesn’t hold a lot of water” and many county citizens voted for the people who are in office. He also suggested the commissioners could choose a less drastic alternative to make the same point.

“A letter from the board in support of what Sheridan County is doing would be just as effective as this would be, without declaring our representatives null and void,” Todd said.

Huber said she would feel more comfortable if vacancies could be considered in the next election cycle because she’s unsure how the subject of the vacancies would affect currently sitting representatives, who have been legally elected.

But William Curley, a county resident and former county attorney, said that he doesn’t foresee a “barn sale” on district representatives. The resolution demands that the state “follow the Constitution” and doesn’t state anything about legislative districts.

“The next chance they get to do that is the next time they district,” he said.

After Todd moved to rescind the resolution, county resident Dan Bau objected, saying that he doesn’t understand why it needs to be rescinded at this time. If commissioners postponed until the next redistricting, they’d be “starting from scratch,” with less support and just as much opposition.

Bau said the secretary of state and “a lot of people in higher positions in the state” are willing to support the resolution presently, and they’ve been assured that the statewide Republican Party wants to “go forward” and is working on a couple of cases that will affect the issue.

“Until it gets resolved at the state level, I would say let it flow and see where it goes,” he said.

Taylor said he believes it will be “a difficult fight” and will end up in federal court, but the county shouldn’t — at least at this point — rescind the resolution because it would hinder others’ ability to carry the fight forward.

“Maybe that road may come and we may have to rescind it, but at this point, why would we rescind it,” he said, “But at this point, why would we do that when we haven’t even started and they’ve just begun to pull their resources together.” 

According to Curley, Sheridan County, Park County and Hot Springs counties have shown interest, so if Weston County changes its mind “under no threat from anybody of anything,” it would “look kind of bad.” Curley also objected to the term “constitutional redistricting” and said using that term “aids those people that want to handle everything legislatively with their political districts.”

“If you follow the state constitution, we know what the districts are,” he said.

According to Curley, after every census, the districts should just be reapportioned.

commission clips

Notes from the Sept. 17, Weston County Commissioners meeting

• The board approved adding Dana Dockendorf, who has a home in Upton, to fill one of two vacancies on the Weston County Airport Board. According to Dockendorf’s resume, which commissioner and airport board member Garrett Borton provided to the News Letter Journal, Dockendorf’s experience includes being a commercially rated fixed-wing and rotor-wing pilot and being a Medevac unit commander for the Wyoming Army National Guard “for years.” The board had two vacancies from former members Donnie Cooksey and John Patik. Keith Materi filled one, and Dockendorf is filling the other, Borton said.

• The board decided to pay consultant Dru Bower up to $250, making it one of five counties to file a protest with the Bureau of Land Management to “support southwest Wyoming” regarding the Rock Springs Resource Management Plan. The BLM has proposed restricting about 30% of oil and gas activities, according to Bower. More information is at eplanning.blm.gov/eplanning-ui/project/13853/510.