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FRANK v. LEE

Nos. 21-8058, 21-8059, and 21-8060.

84 F.4th 1119 (2023)

John C. FRANK, Plaintiff-Appellee/Cross-Appellant, v. Debra LEE, Laramie County Clerk, in her official capacity; Charles Gray, Wyoming Secretary of State, in his official capacity; Sylvia Hackl, Laramie County District Attorney, in her official capacity, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED October 23, 2023.

Attorney(s) appearing for the Case

James Peters , Senior Assistant Attorney General ( Mackenzie Williams , Senior Assistant Attorney General, State of Wyoming, Cheyenne, Wyoming, with him on the briefs), for Defendants-Appellants/Cross-Appellees Charles Gray and Sylvia Hackl.

J. Mark Stewart of Davis & Cannon, LLP, Cheyenne, Wyoming ( Catherine M. Young , Davis & Cannon, LLP, with him on the briefs), for Defendant-Appellant/Cross-Appellee Debra Lee.

Stephen R. Klein of Barr & Klein PLLC, Washington, District of Columbia ( Benjamin Barr of Barr & Klein PLLC, Chicago, Illinois, with him on the briefs) for Plaintiff-Appellee/Cross-Appellant.

Before HOLMES, Chief Judge, MATHESON and ROSSMAN, Circuit Judges.

Wyoming law prohibits electioneering within 300 feet of a polling place on an election day and within 100 feet of an absentee polling place during the 45-day period when absentee voting is being conducted. Wyo. Stat. Ann. § 22-26-113 (the electioneering statute); Wyo. Stat. Ann. § 22-6-107(b). At issue is whether...

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