SF0154 - Election code amendments-2.

 

2001

State of Wyoming

01LSO-0475.E1 ENGROSSED

 

 

 

SENATE FILE NO.  SF0154

 

 

Election code amendments-2.

 

Sponsored by:  Senator(s) Hanes

 

 

A BILL

 

for

 

 1  AN ACT relating to the Wyoming Election Code; modifying
 2  requirements for write-in candidates; modifying other
 3  provisions relating to write-in candidates; modifying
 4  certain time requirements; modifying filing and other
 5  administrative provisions; amending campaign advertising
 6  provisions; making technical and clarifying amendments; and
 7  providing for an effective date.

 8 

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

10 

11       Section 1.  W.S. 22-1-102(a) by creating a new
12  paragraph (xxxvii), 22-5-206(a), 22-5-207,
13  22-5-401(a)(intro) and (e), 22-16-103(b), 22-16-106(b),
14  22-23-302, 22-23-307, 22-23-404 and 22-25-110(a) are
15  amended to read:

16 

17       22-1-102.  Definitions.

 

Page  1

 

 

 

 1 

 2       (a)  The definitions contained in this chapter apply
 3  to words and phrases used in this Election Code and govern
 4  the construction of those words and phrases unless they are
 5  specifically modified by the context in which they appear.
 6  As used in this Election Code:

 7 

 8              (xxxvii)  "Immediate family" means a spouse,
 9  parent, sibling, child or other person living in the
10  individual's household.

11 

12       22-5-206.  Where nomination applications to be filed.

13 

14       (a)  Nomination applications for United States
15  senators and representatives in congress, state offices,
16  members of the legislature, and circuit court judges, and
17  state district court judges shall be filed in the office of
18  the secretary of state.

19 

20       22-5-207.  Furnishing of application forms.

21 

22  The secretary of state and county clerks shall provide to
23  any qualified elector the application form required to be
24  filed in their respective offices.

 

Page  2

 

 

 

 1 

 2       22-5-401.  Vacancies in nomination for major parties;
 3  procedure for filing generally.

 4 

 5       (a)  The vacancy in nomination which occurs if a major
 6  party candidate, between primary and general elections,
 7  dies, is disqualified to hold the office for which
 8  nominated, or files a withdrawal or rejection of nomination
 9  with the officer responsible for printing ballots and
10  voting machine labels office where the candidate filed for
11  nomination for election, shall be filled by certificate
12  filed with the officer office which shall state:

13 

14       (e)  A candidate may withdraw only by filing a written
15  withdrawal in the filing office in which he filed his
16  application for nomination. If a candidate withdraws after
17  the ballots are finalized and approved for printing by a
18  county clerk in any county where the candidate's name will
19  appear on the ballot, the county clerk shall not be
20  required to remove the candidate's name from the ballot,
21  but shall post a notice at each polling place announcing
22  that the named candidate is not the party's nominee for the
23  office designated.

24 

 

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 1       22-16-103.  Summary of votes cast.

 2 

 3       (b)  Any person may request to have the votes cast for
 4  any write-in candidate, whose votes did not affect the
 5  election, counted by filing a request, together with a
 6  twenty-five dollar ($25.00) fee for each name and race
 7  specified with the appropriate election officer officers
 8  not later than two (2) days after the election in which the
 9  write-in votes occurred.

10 

11       22-16-106.   Write-in candidates.

12 

13       (b)  The canvassing board chief election officer shall
14  notify write-in candidates who have been nominated for
15  election within forty-eight (48) hours after the canvassing
16  board meets. Notification may be made by United States
17  postal service, any generally accepted business document
18  delivery method evidenced by receipt of delivery or
19  attempted delivery at the last known address of the write-
20  in candidate or service as accepted under the Wyoming Rules
21  of Civil Procedure. Failure of the successful write-in
22  candidate to accept the nomination within five (5) days of
23  notification proof of service or attempted delivery results
24  in the successful write-in candidate not appearing on the

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 1  general election ballot, but does not result in a vacancy
 2  which can be filled.

 3 

 4       22-23-302.  Filing fee; petition form.

 5 

 6  Not more than ninety-six (96) days and not later than
 7  seventy-four (74) eighty-one (81) days preceding the
 8  municipal primary election, each candidate for a municipal
 9  office shall pay a nonrefundable filing fee of twenty-five
10  dollars ($25.00) and sign and file with the municipal clerk
11  a petition in substantially the following form:

12 

13  State of Wyoming     )

14                   )  ss

15  County of ....         )

16 

17  I, ...., the undersigned, swear or affirm that I was born
18  on ...., ....(year), and that I have been a resident of the
19  State of Wyoming since ...., and that I am a registered
20  voter of Election District No. ...., Precinct No. ...., in
21  Ward No. ...., in the City of ...., and the State of
22  Wyoming as of the closing of the municipal clerk's office
23  on the day this petition is filed, do hereby petition and
24  request that my name be printed upon the Official Municipal

Page  5

 

 

 

 1  Primary Ballot at the next primary election as a candidate
 2  for the office of ..... I hereby declare that if nominated
 3  and elected I will qualify for the office.

 4 

 5  Dated: ......

 6  .............(Signature of Candidate)

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

 8 

 9       22-23-307.  Candidates nominated; certificate of
10  nomination.

11 

12  The candidates equal to twice the number to be elected to
13  each office who receive the highest number of votes are
14  nominated to run for the office at the next general
15  election and shall be issued a certificate of nomination by
16  the county clerk. A write-in candidate shall not be
17  nominated and shall not be entitled to have his name
18  printed on the ballot for the next general election unless
19  he received at least three (3) votes.

20 

21       22-23-404.  Commencement of term of office.

22 

23  Except as otherwise provided by W.S. 22-23-202, the term of
24  office of a person elected at the municipal general

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 1  election commences on the first Monday in January following
 2  the general election.  

 3 

 4       22-25-110.  Campaign advertising in communications
 5  media.

 6 

 7       (a)  It is unlawful for a candidate, political action
 8  committee, organization, candidate's campaign committee, or
 9  any political party central committee to pay for campaign
10  literature or campaign advertising in any communication
11  medium without printing or announcing the candidate,
12  organization or committee sponsoring the campaign
13  advertising or campaign literature. The communications
14  media in using the campaign advertising shall print or
15  announce the name of the candidate, organization or
16  committee paying for the advertising.

17 

18       Section 2.  This act is effective July 1, 2001.

19 

20                         (END)

 

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