WORKING DRAFT

SENATE FILE NO.

County sheriffs-appointment option.

Sponsored by: Senator(s) SDRAFT

A BILL

for

AN ACT relating to county sheriffs; providing for appointment or election of county sheriffs; specifying circumstances when election is required; conforming provisions; providing for continuity of the terms of current elected county sheriffs; and providing for an effective date.

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

Section 1. W.S. 18-3-612 is created to read:

18-3-612. Proposition to appoint county sheriff.

(a) A county sheriff may be appointed by the county commissioners if a proposition for the appointment of such county sheriff has been submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of appointment.

(b) The proposition for appointment of the county sheriff shall, insofar as is consistent with the general purposes of this section, be submitted and conducted in accordance with W.S. 18-3-501(c) and (d). The proposition shall be submitted at the next general election held more than ninety (90) days after the petition is verified by the county clerk and at which there is no election for the office of county sheriff. Immediately upon certification of election results the county clerk shall notify the secretary of state of the election results.

(c) If the proposition to appoint the county sheriff is approved by the electors, no election for county sheriff shall be held at the following general election and at the end of the current term of the county sheriff the board of county commissioners shall appoint a person to the office for a term of one (1) year. The person may be reappointed on a year-to-year basis and may be removed by the board of county commissioners for cause.

(d) An appointed office of county sheriff may be returned to an elected office if a proposition for the election of the county sheriff is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of election. The proposition to elect a county sheriff shall be submitted and conducted in the same manner provided in subsections (a) and (b) of this section. If the proposition to return to an elective office is approved, a county sheriff shall be elected at the next general election. The county commissioners shall continue to appoint the county sheriff until the elected sheriff's term begins on the first Monday in January next following his election.

Section 2. W.S. 18-3-601 and 22-2-105(a)(ii) are amended to read:

18-3-601. Office created; election; appointment.

There shall be elected or appointed in each county a county sheriff. The county sheriff shall be appointed only if the office is made an appointed office under the provisions of W.S. 18-3-612.

22-2-105. Terms of office and offices voted on at general elections.

(a) The terms of office and offices voted on at general elections are as follows:

(ii) Four Year Term. -At the general election in 1974 and in every fourth ~~(4th)~~ year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court and justices of the peace, provided a county sheriff is not required to be appointed as provided by W.S. 18-3-612. In those counties that have established a circuit court, the question of retention of a circuit court judge or a magistrate of the circuit court for the unexpired balance of or a new four (4) year term shall be submitted to the electorate of the circuit for a circuit court judge and to the electorate of the county for a magistrate, as necessary. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners;

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

(END)