HB0263 - Election code revisions.

2001

State of Wyoming

01LSO-0474.E1

ENGROSSED

HOUSE BILL NO. HB0263

Election code revisions.

Sponsored by: Representative(s) Ross and Tempest and
Senator(s) Coe

A BILL

for

1 AN ACT relating to elections; authorizing political parties
2 to set their own convention and meeting dates; providing
3 for determination and filling of vacancies in elective
4 office; prohibiting unsuccessful candidates at primary
5 election from seeking the same office at the ensuing
6 general election in any manner; requiring specified
7 election forms to contain the address of the candidate;
8 making conforming amendments; and providing for an
9 effective date.

11 Be It Enacted by the Legislature of the State of Wyoming:

13 Section 1. W.S. 21-3-109(a)(iii), (iv) and by
14 creating a new paragraph (v), 22-2-110(a), 22-4-105,
15 22-4-106, 22-4-110, 22-4-111, 22-4-115, 22-5-204(b),

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1 22-5-205(a), 22-5-301, 22-5-302, 22-22-202(a), 22-23-302
2 and 22-29-110(b) are amended to read:

4 21-3-109. When vacancy on board deemed to have
5 occurred.

7 (a) A vacancy shall have occurred in the membership
8 of any board of trustees of any school district if any
9 member:

11 (iii) Becomes a nonresident of the school
12 district; or

14 (iv) Becomes a nonresident of the trustee
15 residence area from which elected in those districts
16 subdivided into trustee residence areas;. or

18 (v) Meets any of the criteria specified in W.S.
19 22-18-101(a).

21 22-2-110. Computing periods of time.

23 (a) Periods of time are computed by excluding the
24 specific day and counting the prescribed number of days,

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1 including Saturdays, Sundays and full legal holidays.
2 ~~Except as provided by W.S. 22-4-115,~~ If the first day of a
3 time period falls on a Saturday, Sunday or full legal
4 holiday, the preceding day which is not a Saturday, Sunday
5 or full legal holiday shall be used. If the last day of a
6 time period falls on a Saturday, Sunday or full legal
7 holiday, the next day which is not a Saturday, Sunday or
8 full legal holiday shall be used.

10 22-4-105. County central committee odd year meeting;
11 notice; election of chairman, state committeeman and
12 committeewoman.

14 The county central committee shall meet at the county seat
15 ~~during the month of March of~~ each odd-numbered year at a
16 time and place determined by the county chairman. The
17 county chairman shall publish notice of the meeting in a
18 newspaper of general circulation within the county not less
19 than ten (10) days before this meeting. At the meeting, the
20 county central committee shall elect the chairman of the
21 county central committee, one (1) state committeeman and
22 one (1) state committeewoman and other offices as provided
23 by the party bylaws. A state political party may provide in
24 its rules for the election of additional state committeemen

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1 and additional state committeewomen. Neither the chairman,
2 state committeeman or state committeewoman need be members
3 of the county central committee.

5 22-4-106. County convention.

7 The county convention of each political party shall meet on
8 ~~the first Friday after the first Tuesday of March~~ in
9 even-numbered years.

11 22-4-110. Composition of state central committee.

13 The state central committee consists of state committeemen
14 and committeewomen and county chairmen elected at the ~~March~~
15 odd-numbered year meeting of the county central committees,
16 and of any other party officials provided by the bylaws of
17 the party.

19 22-4-111. State central committee organizational
20 meeting; notice.

22 The state central committee shall hold an organizational
23 meeting ~~during the last fifteen (15) days in April of~~ in
24 odd-numbered years, at which it shall elect from electors

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1 registered in the party a chairman, secretary and other
2 officers as provided in the rules of the party. The state
3 chairman shall mail notice of the time and place of this
4 meeting to each member of the committee not later than ten
5 (10) days before the meeting.

7 22-4-115. Date of party state convention.

9 Each political party shall hold a state convention ~~on one~~
10 ~~(1) of the first three (3) Saturdays in May of~~ in
11 even-numbered years.

13 22-5-204. Application for nomination or election;
14 party registration; form.

16 (b) An eligible person seeking nomination or election
17 for a partisan office shall be registered in the party
18 whose nomination he seeks and shall file an application in
19 substantially the following form:

21 APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY

23 State of Wyoming)

24 ) ss

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1 County of .... )

2 I, ...., swear or affirm that I was born on ....,
3 ....(year), that I have been a resident of the state of
4 Wyoming since ...., and that I am a registered voter of
5 Election District No. ...., in Precinct No. ...., residing
6 at ...., in County of ...., (if for the office of state
7 senator or representative) in Senate (House) District ....,
8 state of Wyoming, and registered as a member of .... party,
9 and I hereby request that my name be printed upon the
10 official party ballot at the next primary election as a
11 candidate for the office of ...., and hereby declare that
12 if nominated and elected, I will qualify for the office.

13 Dated the .... day of ...., ....(year).

15 .....................(Signature)

16 ............ (Residence Address)

18 22-5-205. Nomination application form for nonpartisan
19 office.

21 (a) An eligible person seeking nomination for a
22 nonpartisan office must file an application in
23 substantially the following form:

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1 APPLICATION FOR NOMINATION BY NONPARTISAN PRIMARY

3 State of Wyoming)

4 ) ss

5 County of .... )

7 I, ...., swear or affirm that I was born on ...., that
8 I have been a resident of the State of Wyoming since ....,
9 and that I am a registered voter of .... County residing at
10 .... and that I am eligible to be elected to such office,
11 and I hereby request that my name be printed upon the
12 official nonpartisan ballot at the next primary election as
13 a candidate for the office indicated below as follows:

14 Justice of the peace.

15 I am seeking (1) the regular term or (2) the unexpired
16 term which terminates on the .... day of ...., ....(year).

17 Dated this .... day of ...., ....(year).

18 ....................... Signature

20 22-5-301. Independent partisan candidates; form.

22 (a) Independent candidates for partisan public
23 offices may be nominated by filing a signed petition in
24 substantially the following form:

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2 PETITION FOR NOMINATION

4 I, ...., swear or affirm that I was born on ....,
5 ....(year), that I have been a resident of the State of
6 Wyoming since ...., and that I am a registered voter of
7 Election District No. ...., in Precinct No. ...., County of
8 ...., residing at ...., (if for the office of state senator
9 or representative) in Senate (House) District ...., State
10 of Wyoming, and having obtained the number of signatures
11 required by law for nomination by petition, I hereby
12 request that my name be printed on the official ballot at
13 the next general election as an independent candidate for
14 the office of .... and declare that if nominated and
15 elected, I will qualify for the office.

16 Dated the .... day of ...., ....(year).

17 ....................... (Signature)

18 ............... (Residence Address)

20 The eligible, registered electors supporting my nomination,
21 and numbering not less than two percent (2%) of the total
22 number of votes cast for Representative in Congress at the
23 last general election in the political subdivision for
24 which this petition is filed, are as follows:

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2 (Signature) (Printed Name) (Residence) (Date)

4 1. ........................................................

5 2. ........................................................

7 VERIFICATION BY CIRCULATORS

9 I, ...., do hereby certify that I am a circulator of this
10 petition, and I solely and personally circulated this
11 petition, that all the signatures appearing herein were
12 made in my presence from .... (month) .... (day),
13 ....(year) through .... (month) .... (day), ....(year), and
14 to the best of my knowledge and belief such signatures are
15 those of the persons whose names they purport to be.

17 ............... (Signature)

18 ........(Residence Address)

20 22-5-302. Unsuccessful primary candidates precluded.

22 An unsuccessful candidate for office at a primary election
23 may not seek nomination by petition, nor as a write-in

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1 candidate, for the same office filled at the next general
2 election.

4 22-22-202. Filing of application; form.

6 (a) A qualified elector may be nominated for the
7 office of school district trustee or member of a community
8 college board by filing an application for election in the
9 office of the county clerk not more than ninety (90) nor
10 less than seventy (70) days prior to the election. The
11 application shall be in substantially the following form:

13 APPLICATION FOR ELECTION FOR SCHOOL OR

14 COMMUNITY COLLEGE TRUSTEE

16 I, the undersigned, swear or affirm that I was born on
17 ...., ....(year), and that I have been a resident of the
18 State of Wyoming since ...., and that I am a registered
19 voter of the .... school district or community college
20 district (and resident of trustee residence area or
21 subdistrict ...., if any) residing at .... and I do hereby
22 request that my name, ...., be printed on the ballot of the
23 election to be held on the .... day of ...., ....(year), as
24 a candidate for the office of .... for a term of ....

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1 years. I hereby declare that if I am elected, I will
2 qualify for the office.

4 Dated: ....

5 .......... (Signature of Candidate)

6 .... Name as it is to appear on the ballot

7 ............... (Residence Address)

9 22-23-302. Filing fee; petition form.

11 Not more than ninety-six (96) days and not later than
12 seventy-four (74) days preceding the municipal primary
13 election, each candidate for a municipal office shall pay a
14 nonrefundable filing fee of twenty-five dollars ($25.00)
15 and sign and file with the municipal clerk a petition in
16 substantially the following form:

18 State of Wyoming)

19 ) ss

20 County of .... )

22 I, ...., the undersigned, swear or affirm that I was
23 born on ...., ....(year), and that I have been a resident
24 of the State of Wyoming since ...., residing at ...., and

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1 that I am a registered voter of Election District No. ....,
2 Precinct No. ...., in Ward No. ...., in the City of ....,
3 and the State of Wyoming as of the closing of the municipal
4 clerk's office on the day this petition is filed, do hereby
5 petition and request that my name be printed upon the
6 Official Municipal Primary Ballot at the next primary
7 election as a candidate for the office of .... I hereby
8 declare that if nominated and elected I will qualify for
9 the office.

11 Dated: ......

12 ...........(Signature of Candidate)

13 ................(Residence Address)

15 22-29-110. County clerk to publish proclamation;
16 filing period.

18 (b) Not more than thirty-nine (39) and not less than
19 thirty (30) days before the formation election, candidates
20 may file an application for election in the office of the
21 county clerk. The principal act shall determine who is
22 eligible to be a candidate. The application shall be in
23 substantially the following form:

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1 APPLICATION FOR ELECTION

2 SPECIAL DISTRICT DIRECTOR

4 I, the undersigned, swear or affirm that I was born on
5 ...., (year); that I have been a resident of .... district
6 since ...., residing at ....; that I am an elector or
7 landowner (check which one for eligibility) of said
8 district and I do hereby request that my name, ...., be
9 printed on the ballot of the formation (or other) election
10 to be held on .... day of ...., (year) as a candidate for
11 the office of director for a term of .... years. I hereby
12 declare that if I am elected, I will qualify for the
13 office.

14 Dated ....

15 ...............................

16 Signature of Candidate

17 ...............................

18 Residence Address

20 Section 2. W.S. 22-18-111 is repealed and recreated
21 as W.S. 22-18-111 to read:

23 22-18-111. Vacancies in other offices; temporary
24 appointments.

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2 (a) Any vacancy in any elective office in the state,
3 except representative in congress and members of the
4 judiciary, shall be filled by the governing body, or by
5 appointment of a temporary successor to serve until a
6 successor for the remainder of the unexpired term or a new
7 term is elected at the next general election and takes
8 office on the first Monday of the following January, as
9 hereafter provided.

11 (b) A vacancy in the office of United States senator
12 or state office shall be determined by the governor:

14 (i) If the incumbent who vacated office belonged
15 to a political party, the governor shall certify the
16 vacancy to the state chairman of the state central
17 committee of the political party which the incumbent
18 represented at the time of his election under W.S.
19 22-6-120(a)(vii), or at the time of his appointment if not
20 elected to office. The chairman shall call a meeting of the
21 state central committee to be held not later than ten (10)
22 days after the chairman receives notice of the vacancy. At
23 the meeting, the state central committee shall select and
24 transmit to the governor the name of a person qualified to

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1 fill the vacancy. Within five (5) days after receipt of the
2 name, the governor shall fill the vacancy by temporary
3 appointment of the person so selected by the state central
4 committee;

6 (ii) If the incumbent who vacated office did not
7 represent a political party at the time of his election or
8 appointment to the office, the governor shall certify the
9 vacancy to the chairmen of all state central committees of
10 parties registered with the secretary of state, each of
11 which shall follow the process under paragraph (i) of this
12 subsection and submit the name of one (1) person qualified
13 to fill the vacancy to the governor. The governor shall
14 cause to be published notice of the vacancy in a newspaper
15 of general circulation in the state. Qualified persons who
16 do not belong to a party may, within ten (10) days after
17 public notice of the vacancy, submit a petition to the
18 governor signed by a least one hundred (100) qualified
19 electors, seeking consideration for appointment to fill the
20 vacancy. Within five (5) days after the last day for
21 receiving the names of qualified persons, the governor
22 shall fill the vacancy by temporary appointment to the
23 office from the names submitted or from those petitioning
24 for appointment.

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2 (c) Vacancies in the office of a member of the state
3 legislature shall be determined and filled as hereafter
4 provided:

6 (i) In the case of vacancies caused by
7 resignation, the governor and in the case of vacancies
8 occurring other than by resignation, the board of county
9 commissioners of the county or counties in which the
10 vacancy occurs, shall immediately notify the chairman of
11 the political party which the incumbent represented at the
12 time of his election under W.S. 22-6-120(a)(vii), or at the
13 time of his appointment if not elected to office;

15 (ii) For all vacancies in which the incumbent
16 represented a political party at the time of his election
17 or appointment to the office, the state central committee
18 of that political party shall notify the party's precinct
19 committeemen and committeewomen for each precinct within
20 the legislative district in which the vacancy exists, who
21 have been in office at least thirty (30) days prior to the
22 vacancy. The central committee, or its designee, shall also
23 arrange a meeting, not later than ten (10) days after
24 notification of the vacancy, of those precinct persons

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1 during which they shall select a qualified person to fill
2 the vacancy. The state central committee shall establish
3 procedures for conducting the vote required to choose a
4 person to fill the vacancy;

6 (iii) The state central committee shall submit
7 the name of the person selected to fill the vacancy to the
8 board of county commissioners for each county in which the
9 legislative district is located and within five (5) days
10 thereafter, the board or boards of county commissioners
11 shall appoint the person submitted by the state central
12 committee to fill the vacancy;

14 (iv) If the incumbent vacating the office did
15 not represent a political party at the time of his election
16 or appointment to the office, the board or board of county
17 commissioners in which the legislative district is located
18 shall publish notice of the vacancy in a newspaper of
19 general circulation in the county or counties. The notice
20 shall also give notice that within ten (10) days after
21 publication any qualified person may apply directly to the
22 county commissioners for appointment to fill the vacancy.
23 Within fifteen (15) days following publication of the
24 notice of vacancy, the board or boards of county

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1 commissioners shall fill the vacancy by appointing one (1)
2 person qualified from those submitting applications. If the
3 legislative district is in more than one (1) county, the
4 vacancy shall be filled by the combined vote of the boards
5 of county commissioners for those counties and the vote of
6 each county commissioner shall be weighted so that the
7 total vote of the commissioners is in proportion to the
8 population of the legislative district within that county
9 based on the most recent decennial census.

11 (d) Vacancies in county elective offices shall be
12 filled as hereafter provided:

14 (i) If the incumbent who vacated office
15 represented a political party, the board of county
16 commissioners shall immediately notify in writing the
17 chairman of the county central committee of the political
18 party which the incumbent represented at the time of his
19 election under W.S. 22-6-120(a)(vii), or at the time of his
20 appointment if not elected to office. The chairman shall
21 call a meeting of the county central committee to be held
22 no later than ten (10) days after receipt of notice of the
23 vacancy. At the meeting the county central committee shall
24 select and transmit to the board of county commissioners

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1 the name of a person qualified to fill the vacancy. Within
2 five (5) days after receipt of the name, the board of
3 county commissioners shall appoint the person to fill the
4 vacancy;

6 (ii) If the incumbent who vacated office did not
7 represent a political party at the time of his election or
8 appointment to the office, the board of county
9 commissioners shall fill the vacancy using the same process
10 provided by paragraph (c)(iv) of this section except as
11 hereafter provided. In the case of a vacancy in the office
12 of county commissioner in which the incumbent did not
13 represent a political party at the time of his election or
14 appointment, the remaining members of the board of county
15 commissioners may appoint any qualified person to fill the
16 vacancy.

18 (e) Vacancies in a municipal office shall be filled
19 as provided by W.S. 15-1-107 and 15-3-203.

21 (f) Vacancies on a school or community college
22 district board of trustees shall be determined and filled
23 as provided by W.S. 21-3-108, 21-3-109, 21-18-303 and
24 22-18-101.

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2 (g) Vacancies on a hospital or special district board
3 of trustees shall be determined and filled as provided in
4 W.S. 22-29-201 and 22-29-202.

6 Section 3. W.S. 18-3-524 is repealed.

8 Section 4. This act is effective immediately upon
9 completion of all acts necessary for a bill to become law
10 as provided by Article 4, Section 8 of the Wyoming
11 Constitution.

13 (END)

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