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Why It Matters
The decision not to pursue criminal charges against Wyoming Secretary of State Chuck Gray centers on a question with implications well beyond Wyoming’s borders: whether state officials can legally share voter registration data — including sensitive personal identifiers — with the federal government in response to a Justice Department request. With at least 15 states asked to provide similar records, the legal and political questions raised by the Wyoming case could shape how election data compliance is handled nationwide.
What Happened
Wyoming Attorney General Keith Kautz authorized two separate reviews of a complaint filed by Cheyenne attorney George Powers, who alleged that Secretary of State Chuck Gray broke state law when he turned over sensitive voter data to the U.S. Department of Justice last August.
The data in question included driver’s license numbers and partial Social Security numbers belonging to all registered Wyoming voters. Gray was among the first of 15 state officials asked by the Justice Department to provide election-related records. Wyoming was the first of those states to fully comply with the federal request.
One review was handled inside Kautz’s office, with an information barrier — commonly referred to as a “Chinese wall” — erected to separate the reviewing attorneys from those who had previously advised Gray. The second review was carried out by a private Wyoming law firm and a Wyoming county prosecutor, neither of whom were identified publicly.
Both groups of attorneys declined to recommend criminal charges against Gray following their evaluations.
Gray has maintained he acted lawfully, saying the data was shared in consultation with the attorney general’s office and in the interest of election integrity.
The Complaint and the Conflict-of-Interest Claim
Powers first filed his complaint in April. He cited three separate state laws he believes Gray violated, including a provision that makes it a felony to violate Wyoming’s election code. Kautz acknowledged receipt of the complaint in an April 13 email, with a supplemental acknowledgment on April 17.
Powers argues that Kautz has an inherent conflict of interest because his office provided Gray with legal advice before the data transfer occurred. That relationship, Powers contends, makes it impossible for the attorney general’s office — or anyone selected by that office — to conduct a truly impartial review.
In early June, Powers escalated the matter by filing a petition with the Wyoming Supreme Court. His attorneys, Casper-based lawyers Ryan Semerad and Rob Shively, asked the court to issue a writ of mandamus ordering Kautz to recuse himself and to appoint a fully independent special prosecutor.
“Justice requires a truly independent review — by someone the Attorney General did not choose,” Semerad and Shively wrote in filings on behalf of Powers. “Elected officials are not above the law.”
Kautz, for his part, offered a terse response to the complaint process. In an email to Powers, he stated: “There are no written policies. No response will be forthcoming.”
By the Numbers
- 15 — states that have been asked by the Justice Department to provide election-related records and voter data
- 1 — Wyoming’s ranking among those states in full compliance with the DOJ request
- 2 — independent legal reviews commissioned by the attorney general, both resulting in no charges
- 3 — state laws Powers cited in his complaint, including a felony-level election code violation
- August 2025 — the month Gray transmitted the voter data to the federal government
Zoom Out
The Wyoming case is unfolding against a broader national backdrop of the Trump administration’s push to collect voter data from states as part of ongoing election integrity efforts. Supporters of the data-sharing efforts argue that federal review of voter rolls helps identify irregularities and ensures accurate records. Critics contend that handing over Social Security and driver’s license data to federal authorities raises serious legal and privacy concerns.
As additional states face similar requests, the outcome of Powers’ Wyoming Supreme Court petition could carry significant weight. If the court agrees that a truly independent prosecutor is warranted, it could open the door to similar demands in other states where elected officials oversaw both the data transfer and the subsequent legal review.
What’s Next
The Wyoming Supreme Court must now decide whether to grant Powers’ petition for a writ of mandamus and appoint an independent special prosecutor. No ruling timeline has been announced. Gray remains in office and has not faced formal charges. The broader question of whether state officials can be held criminally liable for complying with federal data requests remains legally unresolved.
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