The Wyoming attorney general’s office wants a district judge to list Secretary of State Max Maxfield as a defendant in Maxfield’s own lawsuit challenging the constitutionality of term limits for him and other statewide elected officials. Maxfield, who’s now in his second four-year term, filed a lawsuit as a private individual in September claiming that the state law that limits statewide elected officials to two four-year terms is unconstitutional. He previously also served two terms as state auditor.
“I don’t believe my decision to seek election, re-election, or that of candidates who follow me should be influenced by an unconstitutional statute,” Maxfield said when he announced the lawsuit. Maxfield declined comment Monday on the state’s request to add him as a defendant in his official capacity. He referred questions to his lawyer, Brad Cave, and an attempt to reach Cave for comment was unsuccessful.
Maxfield argues in his lawsuit that because the qualifications for state offices are spelled out in the Wyoming Constitution, the requirements can only be changed by constitutional amendment, not state statutes.