Weston County Commissioner Tony Barton is standing his ground and asserting his legal right to remain on the Board of Weston County Commissioners until the end of his term.  

Barton’s response to challenges to his continued presence on the county board was filed last month by his attorneys, Samuel R. Yemington and Kasey J. Benish of the Cheyenne firm Holland and Hart. They are urging the Sixth Judicial Court to dismiss the suit filed by Garrett Borton on Oct. 26. 

According to court documents, Borton is seeking injunctive and declaratory relief concerning Barton’s qualification to function in the office that he is currently holding. Borton is seeking an injunction that would prevent Barton from voting as an elected official and from receiving financial compensation.

Barton, however, argues that the complaint “fail[ed] to state a claim upon which relief can be granted.”

Barton was elected to a four-year term as commissioner in 2018 and became a Crook County resident in late October 2020 while continuing to serve in Weston County, according to filings. 

Barton’s attorney argues that a qualified elector under Wyoming law is defined as “every citizen of the United States who is a bona fide resident of Wyoming, has registered to vote and will be at least 18 years of age on the day of the election at which he may offer to vote.” They noted the definition does not mention county residency. 

During the 2021 General Session, the Wyoming Legislature updated state law to require county officials to be residents of the county they represent throughout the duration of their term. The law took effect on July 1, but the requirement does not apply retroactively to officials elected or appointed before then, Barton’s attorneys argue. 

“Barton is not prohibited by law from completing his four-year term as county commissioner on the basis that he is now a resident of Crook County,” the commissioner’s attorneys argue.

Barton’s lawyers further argue that, under state law, a county commissioner may only be removed from office by the governor and only for “refusing or neglecting, without just cause, to perform any duties required of him as a member of the Board of County Commissioners, or for knowingly committing any act which by law is in violation of his official oath and bond.” That’s not being alleged here, they note, further arguing that “the law does not entitle the declaratory and injunctive relief sought by the petition.” They say the case should be dismissed.

But Borton is not backing down, submitting a response to the request for dismissal on Nov. 29. He argues that, according to state law, Barton became a qualified elector in Crook County when he moved. 

“When these statutes are read together, it is clear that in Wyoming, there are no free range qualified elections, but that to be a qualified elector in Wyoming, one must be a qualified elector of a particular county,” the document states.

It further states that to vote for a county commissioner, you must reside in said county and, therefore, only a person living in that county is qualified to be a county commissioner. 

“When Barton became a qualified elector in Crook County, he was no longer a qualified elector of Weston County, and is no longer qualified to be a Weston County Commissioner,” the document says. 

Borton said summary dismissal would be inappropriate and asked a judge to deny the request or set a hearing on the motion.