CHEYENNE – In November of last year, a retired Laramie attorney, Tim Newcomb, asked a state judge to bar former President Donald Trump and United State Senator, Cynthia Lummis from the 2024 Wyoming election ballot because of their actions after the 2020 presidential elections. 

Newcomb’s filing against Chuck Gray, Wyoming Secretary of State, in Albany County District Court stated both Trump and Lummis failed to defend the United States Constitution and of “adhering” to the nation’s enemies. 

“Ms. Lummis disqualified herself from appearing on Wyoming’s ballot when she refused to count Pennsylvania’s electoral ballots to the electoral count,” Newcomb wrote in his November 1, 2023, filing. “Mr. Trump disqualified himself from appearing on Wyoming’s ballot when he refused to defend the Constitution’s transfer of presidential power.”   

On Thursday, January 4, Judge Misha Westby dismissed the retired attorney’s lawsuit to bar Trump and Lummis from the 2024 state ballot, claiming prematurity. 

“Making a determination at this stage of the process would be imprecise, subject to speculation, and would create rather than diminish future controversies, because it would require engaging in legal details made in the abstract and result in a decision rendered without concrete factual background,” wrote Albany County District Court Judge Westby in her Thursday order. 

Newcomb could refile the suit because it was dismissed without prejudice.

Gray expressed in a recent press release he was extremely grateful for the dismissal. Gray was endorsed by Trump during his candidacy for Wyoming Secretary of State, the position he holds today. 

“I am extremely pleased with Judge Westby’s decision to dismiss Mr. Newcomb’s outrageously wrong and repugnant lawsuit to remove Donald Trump and Cynthia Lummis from the ballot in Wyoming,” Wyoming Secretary of State Chuck Gray said. “I have been working to make sure that Donald Trump will be able to be on the ballot, and I am happy our motion to dismiss this lawsuit was granted. I will continue to fight against this nationwide effort in order to protect the integrity of our elections and ensure that the people of Wyoming can choose who to elect for themselves.”