SWEETWATER COUNTY — A website is up, but an independent campaign for House District 60 might not happen according to a potential candidate.

Green River resident Marshal Cummings was denied his independent campaign petition with the Wyoming Secretary of State’s Office, which would have pit him against Republican nominee Tony Niemiec. Niemiec defeated incumbent Rep. Marlene Brady for the GOP nomination to House District 60 on Aug. 18. The Secretary of State’s Office said Cummings didn’t file his paperwork properly, which has Cummings now weighing the potential for a write-in campaign. 

“Our office first learned of Mr. Cummings’ petition when we received a delivery of petitions on the last day for filing an independent petition with our office,” Chief Policy Officer and General Counsel Joe Rubino told SweetwaterNOW. “However, the petitions had not been approved for circulation, as required by W.S. 22-5-301(b) and Administrative Rules of the Secretary of State’s Office.”

Independent candidates have a different process to follow than candidates tied to the major political parties. An independent candidate is tasked with collecting the signatures from eligible voters representing at least 2% of the total number of votes cast during the prior general election on the petition. The deadline to file the petition was Aug. 24. According to Rubino, the petition wasn’t the only issue Cummings’ campaign overlooked.

“Additionally, our office never received the filing fee, which is required by W.S. 22-5-306,” Rubino said. “Accordingly, we rejected this independent candidate petition in accordance with Wyoming law. This has been the historic practice of the office.”

Cummings told SweetwaterNOW he drove to Cheyenne with 50 more signatures than he needed, but was told the petition wouldn’t be accepted and was denied an extension to correct the issue. He said he pulled his petition directly from the Secretary of State’s Office and following the denial, requested a copy of an approved petition to compare it to. He hasn’t received it yet. 

“I have a suspicion that the two will look very similar, if not nearly identical,” he said.

Cummings said he also reached out to Gov. Mark Gordon’s office for assistance, but hasn’t heard anything back.

“To be frank, a Republican administration stepping in to help an Independent candidate would be surprising,” Cummings said. “That is not meant as a jab at anyone – just an observation about the political realities involved.”

Another aspect to the House District 60 race Cummings is considering is how well Niemiec performed against Brady. Niemiec won the nomination with 1,032 votes to Brady’s 538 according to official results from the Secretary of State’s Office. Cummings acknowledges a write-in campaign against Niemiec would be difficult.

“With Mr. Niemiec’s impressive showing in the primary, I also recognize that a write-in campaign would be an enormous uphill battle. I have met with my team, and we have set Wednesday as our deadline to decide whether we will move forward with a write-in campaign,” he said. He said if he abandons the campaign, he will seek election in 2028. He hasn’t decided if he will seek the House District 60 seat again.

While Cummings decides if he will carry on with a write-in campaign or bow out until 2028, Cummings sits on a war chest of $9,627.49.

Cummings raised $10,175 for his campaign according to campaign finance reports filed with the Secretary of State’s Office. The Marshal For Wyoming committee reports receiving $5,000 from the United Steel Workers Political Action Fund in Pittsburgh. Cummings serves as the president of United Steel Workers Local 13214. The campaign also received $2,000 from the Workers Help in Politics PAC and $1,500 from the Plumbers and Pipefitters Local 192 PAC, both located in Cheyenne. Cummings’ campaign reported receiving $1,575 in individual contributions and a $100 loan from Cummings to the campaign. Of the total amount, $547.51 was spent. If he decides not to continue on, Cummings said he and his team are researching the proper process to offer refunds to campaign donors. 

Cummings said he is a Republican who decided to run as an independent because he didn’t want to answer to anyone but the people living in House District 60. He said he loves his community and wants to make the world better for his children. He also believes he represents something needed in Cheyenne.

“I still believe that a pro-life, pro-Second Amendment, pro-worker, pro-public lands, pro-public education miner in Cheyenne is exactly the kind of representation Wyoming needs,” Cummings said.

Cummings said the experience is something that has taught him about how unnecessary complexity and processes within government can sometimes “have the effect of keeping ordinary people out.” While he is disappointed about not being on the ballot, he says his faith remains strong.

“God is good. I believe He closes doors we are not yet meant to walk through and opens the ones we are,” he said. “I want to thank my family for standing beside me, my Union brothers and sisters who were willing to help, my campaign team for keeping me afloat and keeping me excited about what we were trying to accomplish, and above all, my Lord and Savior Jesus Christ.”