SF0171 - Public funds-prohibited use.
2001 |
State of Wyoming |
01LSO-0622 |
SENATE FILE NO. SF0171
Public funds-prohibited use.
Sponsored by: Senator(s) Erb
A BILL
for
1 AN ACT relating to
elections; prohibiting the use of public
2
funds in certain circumstances; providing for exceptions;
3 providing
for criminal offenses; providing for penalties;
4 and
providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 22-26-122 is created to read:
9
10 22-26-122. Prohibiting public funds
used to influence
11 the outcome of an election.
12
13 (a) Public
monies shall not be expended directly or
14 indirectly in an attempt to influence the
outcome of any
15 election or in support of any candidate,
party, political
16 or nonpolitical group in any election.
17
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1 (b) "Public
monies" includes any property, facility,
2
equipment, salaries, supplies, materials, services, other
3
purchase or expenditure for which public funds are used.
4
5 (c) Nothing in
this act shall prevent a public entity
6
from using public monies to disseminate factual information
7 to
the public to assist the public in understanding ballot
8
issues provided that public officials shall not use the
9
dissemination of factual information to advocate for or
10 against any issue.
11
12 (d) Nothing in
this act shall prevent public
13 officials from providing factual information
concerning
14 ballot issues in forums, news interviews or
similar public
15 arenas, provided that public officials shall
not use the
16 publication of factual information to
advocate for or
17 against any issue.
18
19 (e) Nothing in
this act shall be construed to deny
20 any public employee his right to exercise
first amendment
21 rights so long as the protected activity
does not use
22 public monies.
23
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1 (f) A person
who violates this act upon order of a
2
supervisor and who attempts to influence ten (10) or fewer
3 persons
is guilty of a misdemeanor pursuant to W.S.
4 22-26-101(a).
5
6 (g) A person
who violates this act by directing his
7
employees to violate this act or attempts to influence more
8
than ten (10) persons is guilty of a felony pursuant to
9
W.S. 22-26-112(a).
10
11 Section 2. W.S. 22-26-101(a) by creating a new
12 subsection (xi) and 22-26-112(a) by
creating a new
13 subsection (xi) are amended to read:
14
15 22-26-101. Felony offenses generally.
16
17 (a) The
following acts in connection with or related
18 to the election process or an election, if
knowingly and
19 willfully committed, are felony offenses
punishable by not
20 more than five (5) years' imprisonment in
the state
21 penitentiary or a fine of not more than ten
thousand
22 dollars ($10,000.00), or both:
23
24 (xi) Violating W.S. 22-26-122(g).
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1
2 22-26-112. Misdemeanor offenses generally.
3
4 (a) Unless a
different penalty is specifically
5
provided in this code, the following acts, if knowingly and
6
willfully committed, are misdemeanor offenses punishable by
7 not
more than six (6) months in a county jail or a fine of
8 not
more than one thousand dollars ($1,000.00), or both:
9
10 (xi) Violating W.S. 22-26-122(f).
11
12 Section 3. This act is effective July 1, 2001.
13
14 (END)
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