WORKING DRAFT

HOUSE BILL NO.

Vacancies in office.

Sponsored by: HDRAFT

A BILL

for

AN ACT relating to elections; providing for filling of vacancies in elective office; limiting members of political party committees who may participate in the selection process; making conforming amendments; and providing for an effective date.

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

Section 1. W.S. 21-3-109(a)(iii), (iv) and by creating a new paragraph (v), 22-4-103, 22-4-105, 22-4-110 and 22-4-114 are amended to read:

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

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

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

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

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

22-4-103. County central committee vacancies.

A vacancy in the county central committee shall occur in the case of death, resignation, failure of a qualified candidate to be elected to a precinct committeeman or committeewoman position, or removal of residence from the precinct. A vacancy shall be filled by the county central committee by election of a registered elector resident in the precinct in which the vacancy exists and registered in the party or as provided by the party bylaws. Only those members of the county central committee elected as precinct committeemen or committeewomen or elected by other precinct committeemen or committeewomen to fill a vacancy shall be entitled to participate in the selection process for filling vacancies pursuant to W.S. 22-18-111.

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

The county central committee shall meet at the county seat during the month of March of each odd-numbered year at a time and place determined by the county chairman. The county chairman shall publish notice of the meeting in a newspaper of general circulation within the county not less than ten (10) days before this meeting. At the meeting, the county central committee shall elect the chairman of the county central committee, one (1) state committeeman and one (1) state committeewoman and other offices as provided by the party bylaws. A state political party may provide in its rules for the election of additional state committeemen and additional state committeewomen. Neither the chairman, state committeeman or state committeewoman need be members of the county central committee, but only members of the county central committee elected as precinct committeemen or committeewomen or elected by other precinct committeemen or committeewomen under W.S. 22-4-103 to fill a vacancy shall be entitled to participate in the selection process for filling vacancies pursuant to W.S. 22-18-111.

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

The state central committee consists of state committeemen and committeewomen and county chairmen elected at the March meeting of the county central committees, and of any other party officials provided by the bylaws of the party. Only those members of the state central committee elected as precinct committeemen or committeewomen or elected by other precinct committeemen or committeewomen under W.S. 22-4-103 to fill a vacancy shall be entitled to participate in the selection process for filling vacancies pursuant to W.S. 22-18-111.

22-4-114. Representation by proxy; qualifications.

Except as otherwise provided in this section, a member of a political committee or subcommittee may be represented at any meeting of the committee or subcommittee by written proxy. A person holding a proxy must be a resident of the same political subdivision as the member he represents. No person shall be allowed to vote more than two (2) proxies. No person shall be represented by proxy in the selection process for filling vacancies pursuant to W.S. 22-18-111.

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

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

(a) Any vacancy in any elective office in the state, except representative in congress and members of the judiciary, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor to serve until a successor for the remainder of the unexpired term or a new term is elected at the next general election and takes office on the first Monday of the following January, as hereafter provided. If a vacancy in a four (4) or six (6) year term of office occurs after the secretary of state has mailed the certification pursuant to W.S. 22-2-108 for the next general election, the temporary successor appointed shall serve until the first Monday in January following the next general election thereafter.

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

(i) If the incumbent who vacated office belonged to a political party, the governor shall certify the vacancy to the state chairman of the state central committee of the political party which the incumbent represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the state central committee to be held not later than ten (10) days after the chairman receives notice of the vacancy. At the meeting, those members of the state central committee authorized to participate in the selection process under W.S. 22-4-110 shall select and transmit to the governor the name of a person qualified to fill the vacancy. Within five (5) days after receipt of the name, the governor shall fill the vacancy by temporary appointment of the person so selected by the specified state central committee members;

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

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

(ii) For all vacancies in which the incumbent represented a political party at the time of his election or appointment to the office, the state central committee of that political party shall notify the party's precinct committeemen and committeewomen for each precinct within the legislative district in which the vacancy exists, who are authorized to participate in the selection process under W.S. 22-4-103 and who have been in office at least thirty (30) days prior to the vacancy. The central committee, or its designee, shall also arrange a meeting, not later than ten (10) days after notification of the vacancy, of those precinct persons during which they shall select a qualified person to fill the vacancy. The state central committee shall establish procedures for conducting the vote required to choose a person to fill the vacancy;

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

(iv) If the incumbent vacating the office did not represent a political party at the time of his election or appointment to the office, the board or boards of county commissioners in which the legislative district is located shall publish notice of the vacancy in a newspaper of general circulation in the county or counties. The notice shall also give notice that within ten (10) days after publication any qualified person may apply directly to the county commissioners for appointment to fill the vacancy. Within fifteen (15) days following publication of the notice of vacancy, the board or boards of county commissioners shall fill the vacancy by appointing one (1) person qualified from those submitting applications;

(v) If the legislative district is in more than one (1) county, the vacancy shall be filled by the combined vote of the boards of county commissioners for those counties and the vote of each county commissioner shall be weighted so that the total vote of the commissioners is in proportion to the population of the legislative district within that county based on the most recent decennial census.

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

(i) If the incumbent who vacated office represented a political party, the board of county commissioners shall immediately notify in writing the chairman of the county central committee of the political party which the incumbent represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the county central committee to be held no later than ten (10) days after receipt of notice of the vacancy. At the meeting those members of the county central committee authorized to participate in the selection process under W.S. 22-4-103 shall select and transmit to the board of county commissioners the name of a person qualified to fill the vacancy. Within five (5) days after receipt of the name, the board of county commissioners shall appoint the person to fill the vacancy;

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

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

(f) Vacancies on a school or community college district board of trustees shall be determined and filled as provided by W.S. 21-3-108, 21-3-109, 21-18-303 and 22-18-101. If the trustees fail to appoint a qualified person to fill a vacancy within thirty (30) days from the date the vacancy occurs, or if, for any reason, the entire membership of the board of trustees of a school or community college district is depleted, the board of county commissioners of the county or counties involved, within ten (10) days of either occurrence, shall appoint a qualified person to fill each vacancy until the next election at which time an election shall be held to fill the unexpired term, and each appointee shall serve until his successor is elected and qualified. Each appointee shall be a resident of the trustee residence area, or election subdistrict, if any, previously represented.

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

Section 3. W.S. 18-3-524 and 21-3-109(a)(i) and (ii) are repealed.

Section 4. This act is effective January 1, 2003.

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