WORKING DRAFT

HOUSE BILL NO.

Contesting presidential elections.

Sponsored by: Representative(s) HDRAFT

A BILL

for

AN ACT relating to presidential electors; limiting election contests of the offices of president and vice-president of the United States and Wyoming presidential electors as specified; clarifying that contests of presidential electors shall be resolved by the Wyoming legislature; providing for an effective date.

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

Section 1. W.S. 22-17-114 is created to read:

22-17-114. Contesting election of president, vice-president or presidential elector.

The election of a United States president and vice-president candidate, or presidential elector, shall only be contested, presented to and tried before the Wyoming legislature under joint rules of the house of representatives and senate. Such a contest may be initiated by a Wyoming elector by filing notice with the legislature through the legislative service office no later than five (5) days after the election is certified by the state canvassing board. The contest shall only be brought on the grounds provided by W.S. 22-17-101(a)(i) or (iv). A determination of the contest by the legislature is final and conclusive and is not subject to judicial review.

Section 2. W.S. 22-17-101(a)(intro) and 22-17-102(a)(intro) are amended to read:

22-17-101. Right to contest elections; exception; grounds.

(a) A qualified elector may contest the right of a person declared elected to an office in the elector's county, municipality, district or precinct, other than the office of state legislator, United States president and vice-president and presidential elector, on the following grounds:

22-17-102. Commencement by verified petition; contents.

(a) Election contests for all primary election offices and all general election offices other than state legislators, United States president and vice-president and presidential elector, may be commenced by the contestant filing with the clerk of the district court of the county, within fourteen (14) days after the results of the election have been certified by the canvassing board, a verified petition setting forth specifically:

Section 3. This act is effective January 1, 2003.

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