No Criminal Charges for Wyoming Secretary Chuck Gray Over Voter Data
Two groups of attorneys declined to bring criminal charges against Wyoming Secretary of State Chuck Gray over allegations he shared sensitive voter data with the federal government, according to a new court filing from the Wyoming Attorney General’s Office. The decision follows a complaint that Gray violated state law in August by providing the U.S. Department of Justice with driver’s license numbers and partial Social Security numbers for every registered voter in Wyoming.
How was the investigation into Secretary Gray conducted?
Attorney General Keith Kautz authorized two independent evaluations of the complaint filed by Cheyenne attorney George Powers, the court document states. One evaluation was handled internally by the attorney general’s office using a “Chinese wall,” which serves as an internal information barrier.
A second evaluation was conducted by a Wyoming county and prosecuting attorney along with an unnamed private Wyoming law firm. Both groups of attorneys decided not to pursue criminal charges, according to the filing.
Why is George Powers challenging the Attorney General?
George Powers argues that Attorney General Kautz has a conflict of interest because Kautz’s office previously advised Secretary Gray. Powers requested that the complaint be referred to an independent party and later claimed Kautz kept the public uninformed about the status of the matter.
In early June, Powers filed a petition with the Wyoming Supreme Court seeking a writ of mandamus. This legal action asks the court to order Kautz to recuse himself and his office from the investigation and to appoint an independent prosecutor.
What are the legal arguments regarding voter data privacy?
Powers cited three state laws in his April complaint, including a statute that makes it a felony for an official to violate the election code and another regarding the confidentiality of election records. Most other states either refused to provide sensitive data or provided publicly available versions of voter lists, citing privacy concerns and state authority over elections.
Secretary Gray has defended the data transfer, stating the move was made in consultation with the attorney general to ensure election integrity. Gray has accused Powers of attempting to undermine his office’s work.
What happens next in the legal process?
The Wyoming Supreme Court could decide whether to grant the writ of mandamus, though such remedies are only granted if there is a clear right to relief and no other legal recourse. Kautz has argued in his response that Powers lacks standing because he failed to demonstrate a particularized injury.
A possible next step involves the court determining if Kautz’s decision to keep the investigation private was consistent with prosecutorial standards. Kautz maintains that prosecutors have discretion in communicating with the public to avoid affecting potential prosecutions.
Frequently Asked Questions
What specific data was shared with the federal government?
Secretary Gray shared the driver’s license numbers and partial Social Security numbers of every registered Wyoming voter with the U.S. Department of Justice.
What is a writ of mandamus?
It is a legal action that allows a court to order government officials to perform their public duties, typically granted only when specific requirements like a defined duty to act are met.
When were the complaints filed?
According to emails cited in the filing, the complaint was received on April 13 and a supplement was filed on April 17, 2026.
Should the details of government investigations into election data be made public while the investigation is ongoing?