ORIGINAL SENATE ENGROSSED

FILE NO. 0154

ENROLLED ACT NO. 45, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

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

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

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

22-1-102. Definitions.

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

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

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

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

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22-5-207. Furnishing of application forms.

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

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

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

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

22-16-103. Summary of votes cast.

(b) Any person may request to have the votes cast for
any write-in candidate, whose votes did not affect the
election, counted by filing a request, together with a
twenty-five dollar ($25.00) fee for each name and race

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specified with the appropriate election officer officers
not later than two (2) days after the election in which the
write-in votes occurred.

22-16-106. Write-in candidates.

(b) The canvassing board chief election officer shall
notify write-in candidates who have been nominated for
election within forty-eight (48) hours after the canvassing
board meets. Notification may be made by United States
postal service, any generally accepted business document
delivery method evidenced by receipt of delivery or
attempted delivery at the last known address of the write-
in candidate or service as accepted under the Wyoming Rules
of Civil Procedure. Failure of the successful write-in
candidate to accept the nomination within five (5) days of
notification proof of service or attempted delivery results
in the successful write-in candidate not appearing on the
general election ballot, but does not result in a vacancy
which can be filled.

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

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

State of Wyoming )

) ss

County of .... )

I, ...., the undersigned, swear or affirm that I was born
on ...., ....(year), and that I have been a resident of the

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

Dated: ......

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

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

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

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

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

Except as otherwise provided by W.S. 22-23-202, the term of
office of a person elected at the municipal general
election commences on the first Monday in January following
the general election.  

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

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

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

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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