HB0263 - Election code revisions.
|
2001 |
State of Wyoming |
01LSO-0474 |
HOUSE BILL NO. HB0263
Election code revisions.
Sponsored by: Representative(s) Ross and Tempest and
Senator(s) Coe
A BILL
for
1 AN ACT relating to
elections; authorizing political parties
2 to
set their own convention and meeting dates; providing
3 for
determination and filling of vacancies in elective
4
office; prohibiting unsuccessful candidates at primary
5
election from seeking the same office at the ensuing
6
general election in any manner; making conforming
7
amendments; and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section
1. W.S. 21-3-109(a)(iii), (iv) and by
12 creating a new paragraph (v), 22-2-110(a),
22-4-105,
13 22-4-106, 22-4-110, 22-4-111, 22-4-115
and 22-5-302 are
14 amended to read:
15
Page 1
1 21-3-109. When vacancy on board deemed
to have
2 occurred.
3
4 (a) A vacancy
shall have occurred in the membership
5 of
any board of trustees of any school district if any
6
member:
7
8 (iii) Becomes a
nonresident of the school
9
district; or
10
11 (iv) Becomes a
nonresident of the trustee
12 residence area from which elected in those
districts
13 subdivided into trustee residence areas;. or
14
15 (v) Meets any of the criteria specified in W.S.
16 22-18-101(a).
17
18 22-2-110. Computing periods of time.
19
20 (a) Periods of
time are computed by excluding the
21 specific day and counting the prescribed
number of days,
22 including Saturdays, Sundays and full legal
holidays.
23 Except as
provided by W.S. 22-4-115, If
the first day of a
24 time period falls on a Saturday, Sunday or
full legal
Page 2
1
holiday, the preceding day which is not a Saturday, Sunday
2 or
full legal holiday shall be used. If the last day of a
3
time period falls on a Saturday, Sunday or full legal
4
holiday, the next day which is not a Saturday, Sunday or
5
full legal holiday shall be used.
6
7 22-4-105. County central committee odd
year meeting;
8 notice; election of
chairman, state committeeman and
9 committeewoman.
10
11 The county central committee shall meet at
the county seat
12 during the month
of March of each odd-numbered year at a
13 time and place determined by the county
chairman. The
14 county chairman shall publish notice of the
meeting in a
15 newspaper of general circulation within the
county not less
16 than ten (10) days before this meeting. At the
meeting, the
17 county central committee shall elect the
chairman of the
18 county central committee, one (1) state
committeeman and
19 one (1) state committeewoman and other
offices as provided
20 by the party bylaws. A state political party
may provide in
21 its rules for the election of additional
state committeemen
22 and additional state committeewomen. Neither
the chairman,
23 state committeeman or state committeewoman
need be members
24 of the county central committee.
Page 3
1
2 22-4-106. County convention.
3
4 The
county convention of each political party shall meet on
the first Friday after the first
Tuesday of March in
6
even-numbered years.
7
8 22-4-110. Composition of state central committee.
9
10 The state central committee consists of
state committeemen
11 and committeewomen and county chairmen
elected at the March
13 and of any other party officials provided by
the bylaws of
14 the party.
15
16 22-4-111. State central committee
organizational
17 meeting; notice.
18
19 The state central committee shall hold an
organizational
20 meeting during
the last fifteen (15) days in April of in
21 odd-numbered years, at which it shall elect
from electors
22 registered in the party a chairman,
secretary and other
23 officers as provided in the rules of the
party. The state
24 chairman shall mail notice of the time and
place of this
Page 4
1
meeting to each member of the committee not later than ten
2
(10) days before the meeting.
3
4 22-4-115. Date of party state convention.
5
6
Each political party shall hold a state convention on one
(1) of the first three (3) Saturdays
in May of in
8 even-numbered years.
9
10 22-5-302. Unsuccessful primary candidates precluded.
11
12 An unsuccessful candidate for office at a
primary election
13 may not seek nomination by petition, nor as a write-in
14 candidate,
for the same office filled at the next general
15 election.
16
17 Section
2. W.S. 22-18-111 is repealed and recreated
18 as W.S. 22-18-111 to read:
19
20 22-18-111. Vacancies in other offices;
temporary
21 appointments.
22
23 (a) Any vacancy
in any elective office in the state,
24 except representative in congress and
members of the
Page 5
1
judiciary, shall be filled by the governing body, or by
2
appointment of a temporary successor to serve until a
3
successor for the remainder of the unexpired term or a new
4
term is elected at the next general election and takes
5
office on the first Monday of the following January, as
6
hereafter provided.
7
8 (b) A vacancy
in the office of United States senator
9 or
state office shall be determined by the governor:
10
11 (i) If the
incumbent who vacated office belonged
12 to a political party, the governor shall
certify the
13 vacancy to the state chairman of the state
central
14 committee of the political party which the
incumbent
15 represented at the time of his election
under W.S.
16 22-6-120(a)(vii), or at the time of his
appointment if not
17 elected to office. The chairman shall call a
meeting of the
18 state central committee to be held not later
than ten (10)
19 days after the chairman receives notice of
the vacancy. At
20 the meeting, the state central committee
shall select and
21 transmit to the governor the name of a
person qualified to
22 fill the vacancy. Within five (5) days after
receipt of the
23 name, the governor shall fill the vacancy by
temporary
Page 6
1
appointment of the person so selected by the state central
2
committee;
3
4 (ii) If the
incumbent who vacated office did not
5
represent a political party at the time of his election or
6
appointment to the office, the governor shall certify the
7
vacancy to the chairmen of all state central committees of
8
parties registered with the secretary of state, each of
9
which shall follow the process under paragraph (i) of this
10 subsection and submit the name of one (1)
person qualified
11 to fill the vacancy to the governor. The
governor shall
12 cause to be published notice of the vacancy
in a newspaper
13 of general circulation in the state.
Qualified persons who
14 do not belong to a party may, within ten
(10) days after
15 public notice of the vacancy, submit a
petition to the
16 governor signed by a least one hundred (100)
qualified
17 electors, seeking consideration for
appointment to fill the
18 vacancy. Within five (5) days after the last
day for
19 receiving the names of qualified persons,
the governor
20 shall fill the vacancy by temporary
appointment to the
21 office from the names submitted or from
those petitioning
22 for appointment.
23
Page 7
1 (c) Vacancies
in the office of a member of the state
2
legislature shall be determined and filled as hereafter
3
provided:
4
5 (i) In the case
of vacancies caused by
6 resignation,
the governor and in the case of vacancies
7
occurring other than by resignation, the board of county
8
commissioners of the county or counties in which the
9
vacancy occurs, shall immediately notify the chairman of
10 the political party which the incumbent
represented at the
11 time of his election under W.S. 22-6-120(a)(vii),
or at the
12 time of his appointment if not elected to
office;
13
14 (ii) For all
vacancies in which the incumbent
15 represented a political party at the time of
his election
16 or appointment to the office, the state
central committee
17 of that political party shall notify the
party's precinct
18 committeemen and committeewomen for each
precinct within
19 the legislative district in which the
vacancy exists, who
20 have been in office at least thirty (30)
days prior to the
21 vacancy. The central committee, or its
designee, shall also
22 arrange a meeting, not later than ten (10)
days after
23 notification of the vacancy, of those
precinct persons
24 during which they shall select a qualified
person to fill
Page 8
1 the
vacancy. The state central committee shall establish
2
procedures for conducting the vote required to choose a
3
person to fill the vacancy;
4
5 (iii) The state
central committee shall submit
6 the
name of the person selected to fill the vacancy to the
7
board of county commissioners for each county in which the
8
legislative district is located and within five (5) days
9
thereafter, the board or boards of county commissioners
10 shall appoint the person submitted by the
state central
11 committee to fill the vacancy;
12
13 (iv) If the
incumbent vacating the office did
14 not represent a political party at the time
of his election
15 or appointment to the office, the board or
board of county
16 commissioners in which the legislative
district is located
17 shall publish notice of the vacancy in a
newspaper of
18 general circulation in the county or counties.
The notice
19 shall also give notice that within ten (10)
days after
20 publication any qualified person may apply
directly to the
21 county commissioners for appointment to fill
the vacancy.
22 Within fifteen (15) days following
publication of the
23 notice of vacancy, the board or boards of
county
24 commissioners shall fill the vacancy by
appointing one (1)
Page 9
1
person qualified from those submitting applications. If the
2
legislative district is in more than one (1) county, the
3 vacancy
shall be filled by the combined vote of the boards
4 of
county commissioners for those counties and the vote of
5
each county commissioner shall be weighted so that the
6
total vote of the commissioners is in proportion to the
7 population
of the legislative district within that county
8
based on the most recent decennial census.
9
10 (d) Vacancies
in county elective offices shall be
11 filled as hereafter provided:
12
13 (i) If the
incumbent who vacated office
14 represented a political party, the board of
county
15 commissioners shall immediately notify in
writing the
16 chairman of the county central committee of
the political
17 party which the incumbent represented at the
time of his
18 election under W.S. 22-6-120(a)(vii), or at
the time of his
19 appointment if not elected to office. The
chairman shall
20 call a meeting of the county central
committee to be held
21 no later than ten (10) days after receipt of
notice of the
22 vacancy. At the meeting the county central
committee shall
23 select and transmit to the board of county
commissioners
24 the name of a person qualified to fill the
vacancy. Within
Page 10
1
five (5) days after receipt of the name, the board of
2
county commissioners shall appoint the person to fill the
3
vacancy;
4
5 (ii) If the
incumbent who vacated office did not
6
represent a political party at the time of his election or
7
appointment to the office, the board of county
8
commissioners shall fill the vacancy using the same process
9
provided by paragraph (c)(iv) of this section except as
10 hereafter provided. In the case of a vacancy
in the office
11 of county commissioner in which the
incumbent did not
12 represent a political party at the time of
his election or
13 appointment, the remaining members of the
board of county
14 commissioners may appoint any qualified
person to fill the
15 vacancy.
16
17 (e) Vacancies
in a municipal office shall be filled
18 as provided by W.S. 15-1-107 and 15-3-203.
19
20 (f) Vacancies
on a school or community college
21 district board of trustees shall be
determined and filled
22 as provided by W.S. 21-3-108, 21-3-109, 21-18-303
and
23 22-18-101.
24
Page 11
1 (g) Vacancies
on a hospital or special district board
2 of
trustees shall be determined and filled as provided in
3
W.S. 22-29-201 and 22-29-202.
4
5 Section 3. W.S. 18-3-524 is repealed.
6
7 Section 4. This act is effective immediately upon
8
completion of all acts necessary for a bill to become law
9 as
provided by Article 4, Section 8 of the Wyoming
10 Constitution.
11
12 (END)
Page 12