Wyoming AG Says Gray Doesn’t Have To Reveal Advice On Giving Voter Info To Feds

The Wyoming Attorney General’s Office has rejected a demand that Secretary of State Chuck Gray release the legal advice he may have received before handing sensitive voter registration records to the U.S. Department of Justice. In a sharply worded letter Monday, Deputy Attorney General Mackenzie Williams said Gray has not waived his attorney-client privilege simply by discussing the matter publicly.

At issue is Gray’s decision last year to provide the DOJ with Wyoming voter records that include birth dates, driver’s license numbers, and the last four digits of Social Security numbers. Wyoming election law explicitly states that such information “is not public records and shall be kept confidential.” Cheyenne attorney George Powers, who previously won transparency cases against other state agencies, has been pressing Gray to reveal what legal advice prompted the release. Powers also asked Attorney General Keith Kautz to appoint a special prosecutor to investigate whether Gray could face misdemeanor or felony charges under state election law.

Powers argued that Gray waived his attorney-client privilege by telling the public he worked in “close consultation” with the attorney general’s office and that the office approved the release. Williams disagreed forcefully. “At no time did the Secretary reveal the substance of any attorney-client communications,” she wrote. “You are incorrect about the law, and your previous statements to the contrary are irresponsible and mislead the public.”

Williams cited a 1987 Wyoming Supreme Court case, Oil, Chemical and Atomic Workers Int’l Union v. Sinclair Oil Corp., in which the court rejected a similar waiver argument. She also pointed to federal trial court rulings and noted that the U.S. Supreme Court has held that the purpose of attorney-client privilege is to encourage “full and frank communication” between lawyers and clients.

Powers told Cowboy State Daily he is still reviewing Williams’ letter and that it is too early to comment on next steps.

Gray himself has dismissed Powers’ efforts as “more lunacy and lawfare from a radical leftwing attorney” with “Trump Derangement Syndrome.” In a text message, Gray said his office complied with “a lawful request” after receiving approval from the attorney general. He noted that 17 other red states have similarly provided voter rolls to the DOJ.

The dispute is part of a broader national fight, with both red and blue states clashing with the DOJ over voter data requests. For now, the Wyoming attorney general’s office has drawn a firm line: Gray’s legal advice stays private.