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Secretary of State says he'll ask prosecutors to look into allegations

Campaign calls draw scrutiny

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buy this photo Photo of Joe Meyer, Wyoming Secretary of State. File photo, Casper Star-Tribune.

CHEYENNE - Wyoming Secretary of State Joe Meyer will ask local and federal prosecutors to look into allegations of illegal automated campaign calls before last week's general election.

Meyer's office received three complaints about illegal calls linked to the contentious U.S. House race and the race for governor.

Meanwhile, the spokeswoman for Democrat Gary Trauner's apparently unsuccessful U.S. House campaign said illegal calls may have influenced that race. Linda Stoval said stronger laws are needed to prevent future violations.

"I would certainly say that in a race this close, it could have had an impact," Stoval said.

Meyer will ask the Laramie County district attorney to look into the report of an "unfriendly, almost threatening male voice" urging a Cheyenne voter to support Republican candidates.

He'll ask the U.S. attorney's office to consider a complaint about someone using a fake New York accent to misrepresent Trauner's position on key issues. Trauner moved to Wyoming from New York more than 16 years ago.

A Laramie voter complained after a caller directed her to an incorrect polling location when she disclosed her support for incumbent Gov. Dave Freudenthal. That allegation will go unchecked.

"There's no state statute against dirty tricks," Meyer said.

In addition, Right to Life of Wyoming, an anti-abortion group, admitted that its national affiliate made automated calls to support U.S. Rep. Barbara Cubin, R-Wyo., before realizing the practice is illegal in the state. The group later apologized. Meyer said it's possible that he would turn that case over to prosecutors.

Cubin's campaign denied any involvement in illegal campaign calls.

State law prohibits calls that combine automated dialing devices with recorded messages. The crime is a misdemeanor and carries a maximum sentence of six months in jail and a $750 fine.

Meyer, who originally declined to pursue the allegations, said a state law that prohibits automated calling is geared toward telemarketing sales and carries little disincentive in political campaigns, especially for large out-of-state organizations.

The expense and unlikelihood of prosecuting and extraditing out-of-state callers is also prohibitive, said Meyer, who termed the existing statute "not effective."

"If they want to get serious about it, the only way I know how to do it is to have a $50,000 fine or $25,000 fine against any organization or group that authorizes these kind of calls," he said.

Automated calls were a major issue in the 2002 gubernatorial primary.

GOP candidates criticized fellow Republican Eli Bebout of Riverton after the National Rifle Association initiated automated calls on his behalf shortly before the election. Bebout won the race but was defeated by Freudenthal in the general election.

Democratic gubernatorial candidate Paul Hickey's campaign placed automated calls but halted them after learning they were illegal. Hickey is from Cheyenne.

Also that year, the Wyoming Republican Party used an automated recording of President Bush's voice to urge support for GOP candidates. It eventually halted the calls because they did not properly identify the sponsor.

"We always get a few complaints," Meyer said.

Stoval said the Trauner campaign received a number of complaints about automated calls supporting Cubin. A few thousand calls statewide could have made the difference in a close race, she said. Cubin won the race by 1,012 votes out of 193,369 cast, according to unofficial results.

John Powell, spokesman for the U.S. attorney's office in Cheyenne, said the complaints will be evaluated for possible violations of law. A call to the Laramie County district attorney's office was not returned Tuesday.

Reach Star-Tribune capital bureau reporter Jared Miller at (307) 632-1244 or at {M3jared.miller@casperstartribune.net.

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