SF0154 - Election code amendments-2.
|
2001 |
State of Wyoming |
01LSO-0475 |
SENATE FILE NO. SF0154
Election code amendments-2.
Sponsored by: Senator(s) Hanes
A BILL
for
1 AN ACT relating to the
Wyoming Election Code; modifying
2
requirements for write-in candidates; modifying other
3 provisions
relating to write-in candidates; modifying
4
certain time requirements; modifying filing and other
5
administrative provisions; amending campaign advertising
6
provisions; making technical and clarifying amendments; and
7
providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 22-1-102(a)
by creating a new
12 paragraph (xxxvii), 22-5-206(a), 22-5-207,
13 22-5-401(a)(intro) and (e), 22-16-103(b),
22-16-106(b),
14 22-23-302, 22-23-307, 22-23-404, 22-25-107(a)(i)
and (ii)
15 and 22-25-110(a) are amended to
read:
16
17 22-1-102. Definitions.
Page 1
1
2 (a) The
definitions contained in this chapter apply
3 to
words and phrases used in this Election Code and govern
4 the
construction of those words and phrases unless they are
5
specifically modified by the context in which they appear.
6 As
used in this Election Code:
7
8 (xxxvii) "Immediate family" means a spouse,
9 parent, sibling, child or other person
living in the
10 individual's
household.
11
12 22-5-206. Where nomination applications to be filed.
13
14 (a) Nomination
applications for United States
15 senators and representatives in congress,
state offices,
16 members of the legislature, and circuit court
judges, and
17 state district court judges shall be filed
in the office of
18 the secretary of state.
19
20 22-5-207. Furnishing of application forms.
21
22 The secretary of state and county clerks
shall provide to
any
qualified elector the application form required to be
24 filed in their respective offices.
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1
2 22-5-401. Vacancies in nomination for
major parties;
3 procedure for filing
generally.
4
5 (a) The vacancy
in nomination which occurs if a major
6
party candidate, between primary and general elections,
7
dies, is disqualified to hold the office for which
8
nominated, or files a withdrawal or rejection of nomination
9 with
the officer responsible for printing ballots and
voting machine
labels office where the candidate filed
for
11 nomination for
election, shall be filled by certificate
12 filed with the officer
office which shall state:
13
14 (e) A candidate
may withdraw only by filing a written
15 withdrawal in the filing office in which he
filed his
16 application for nomination. If a candidate
withdraws after
17 the ballots are finalized and approved for
printing by a
18 county clerk in any county where the
candidate's name will
19 appear on the ballot, the county clerk shall
not be
20 required to
remove the candidate's name from the ballot,
21 but shall post a notice at each polling
place announcing
22 that the named candidate is not the party's
nominee for the
23 office designated.
24
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1 22-16-103. Summary of votes cast.
2
3 (b) Any person
may request to have the votes cast for
4 any
write-in candidate, whose votes did not affect the
5 election, counted by filing a request, together with a
twenty-five dollar ($25.00) fee for each name and race
specified with the appropriate election officer and by
8 paying a fee of twenty-five dollars ($25.00) to each county
9 election office which is requested to count the write-in
10 votes. The
request shall be made and the fee paid not later
11 than two (2) days after the election in
which the write-in
12 votes occurred.
13
14 22-16-106. Write-in candidates.
15
16 (b) The canvassing board chief
election officer shall
17 notify write-in candidates who have been
nominated for
18 election within forty-eight (48) hours after
the canvassing
19 board meets. Notification
may be made by United States
20 postal service,
any generally accepted business document
21 delivery method
evidenced by receipt of delivery or
22 attempted
delivery at the last known address of the write-
23 in candidate or
service as accepted under the Wyoming Rules
24 of Civil Procedure.
Failure of the successful write-in
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1
candidate to accept the nomination within five (5) days of
2 notification proof of
service or attempted delivery results
3 in
the successful write-in candidate not appearing on the
4
general election ballot, but does not result in a vacancy
5
which can be filled.
6
7 22-23-302. Filing fee; petition form.
8
9 Not
more than ninety-six (96) days and not later than
10 seventy-four
(74) eighty-one (81) days
preceding the
11 municipal primary election, each candidate
for a municipal
12 office shall pay a nonrefundable filing fee
of twenty-five
13 dollars ($25.00) and sign and file with the
municipal clerk
14 a petition in substantially the following
form:
15
16 State of Wyoming)
17 ) ss
18 County of .... )
19
20 I, ...., the undersigned, swear or affirm that I was born
21 on ...., ....(year), and that I have been a
resident of the
22 State of Wyoming since ...., and that I am a
registered
23 voter of Election District No. ....,
Precinct No. ...., in
24 Ward No. ...., in the City of ...., and the
State of
Page 5
1 Wyoming as of the
closing of the municipal clerk's office
2 on
the day this petition is filed, do hereby petition and
3 request
that my name be printed upon the Official Municipal
4
Primary Ballot at the next primary election as a candidate
5 for
the office of ..... I hereby declare that if nominated
6 and
elected I will qualify for the office.
7
8 Dated: ......
9 .............(Signature of Candidate)
10 ..................(Residence Address)
11
12 22-23-307. Candidates nominated;
certificate of
13 nomination.
14
15 The candidates equal to twice the number to
be elected to
16 each office who receive the highest number
of votes are
17 nominated to run for the office at the next
general
18 election and shall be issued a certificate
of nomination by
19 the county clerk. A write-in candidate shall not be
20 nominated and
shall not be entitled to have his name
21 printed on the
ballot for the next general election unless
22 he received at
least three percent (3%) of the votes cast
23 for that office
and at least three (3) votes.
24
Page 6
1 22-23-404. Commencement of term of office.
2
3 Except as otherwise provided by W.S. 22-23-202, the
term of
4 office
of a person elected at the municipal general
5 election
commences on the first Monday in January following
6 the
general election.
7
8 22-25-107. Where statements to be filed.
9
10 (a) All
statements required under W.S. 22-25-101,
11 22-25-102 and 22-25-106 shall be filed as
follows:
12
13 (i) Any
candidate for a municipal, county,
14 judicial, hospital,
school or college board office and any
15 political action committee or candidate's
campaign
16 committee supporting such a candidate and
any political
17 action committee supporting or opposing a
municipal
18 initiative or referendum within the county,
shall file with
19 the county clerk;
20
21 (ii) Any
candidate for a state legislative or
district
judgeship office and any political action
23 committee or candidate's campaign committee
supporting or
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1
opposing such a candidate, shall file with the secretary of
2
state;
3
4 22-25-110. Campaign advertising in
communications
5 media.
6
7 (a) It is
unlawful for a candidate, political action
8
committee, organization,
candidate's campaign committee, or
9 any
political party central committee to pay for campaign
10 literature or campaign advertising in any
communication
11 medium without printing or announcing the
candidate,
12 organization
or committee sponsoring the campaign
13 advertising or campaign literature. The
communications
14 media in using the campaign advertising
shall print or
15 announce the name of the candidate, organization or
16 committee paying for the advertising.
17
18 Section 2. This act is effective July 1, 2001.
19
20 (END)
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