CHAPTER 5 - NOMINATIONS

 

ARTICLE 1 - GENERAL PROVISIONS

 

22-5-101. How candidates nominated.

 

Nominations of candidates for all offices filled at a general election, except school and community college district offices and special district offices, may be made by primary election, by petition for nomination as an independent candidate as provided in W.S. 22-5-301 through 22-5-308 or by convention as provided in W.S. 22-4-303 and 22-4-406.

 

22-5-102. Eligibility to be a candidate for state legislature; residency.

 

(a) For the purpose of meeting residency requirements of the Wyoming constitution, a person shall not be a candidate for the state legislature from a legislative district unless he has been a resident of that legislative district for at least one (1) year next preceding his election. In any general election year in which a plan of legislative districts is required but has not been enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for the state legislature from a legislative district if he:

 

(i) Is a resident of the legislative district on the date he files an application under W.S. 22-5-204 or a petition under W.S. 22-5-301; and

 

(ii) Has been a resident of a county for at least one (1) year next preceding his election in which any portion of that legislative district is located.

 

22-5-103. Limits on ballot access; state offices.

 

(a) Notwithstanding any other provision of Wyoming law, the secretary of state or other authorized official shall not certify the name of any person as the nominee or candidate for the office sought, nor shall that person be elected nor serve in that office if the following will occur:

 

(i) The person, by the end of the current term of office will have served, or but for resignation, would have served eight (8) or more years in any sixteen (16) year period in the office for which the candidate is seeking nomination or election, except, that any time served in that particular office prior to January 1, 1993, shall not be counted for purposes of this term limit. This provision shall apply to the offices of governor, secretary of state, state auditor, state treasurer, and state superintendent of public instruction.

 

(ii) Repealed By Laws 2005, ch. 241, 1.

 

(iii) Repealed By Laws 2005, ch. 241, 1.

 

22-5-104. Repealed By Laws 2005, ch. 241, 1.

 

22-5-105. Scope of limitations.

 

The term limits and ballot access restrictions set forth above shall apply only to the specific office referenced in which the person previously served. It is not the intent that this act preclude or prohibit a person from seeking nomination or election to any other office for which the referenced term limit or ballot access restriction is not applicable.

 

22-5-106. Severability.

 

If any part of this measure or the application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application, which reasonably can be given effect without the invalid provision or applications.

 

ARTICLE 2 - NOMINATION BY PRIMARY ELECTION

 

22-5-201. Repealed By Laws 1998, ch. 100, 5.

 

22-5-202. Major political party participation; separate ballots; same time.

 

Major political parties shall participate in the primary election and each shall have a separate party ballot. The primary election of major political parties shall be held at the same time and at the same polling places and shall be conducted by the same election officials.

 

22-5-203. Nonpartisan judicial offices; separate ballot; same time.

 

(a) Repealed By Laws 2004, Chapter 42, 2 and Chapter 94, 4.

 

(b) A separate ballot shall be used for the nonpartisan primary election which shall be held at the same time and at the same polling places and shall be conducted by the same election officials as the partisan primary election.

 

22-5-204. Application for nomination or election; party registration; form.

 

(a) Repealed by Laws 1991, ch. 243, 5.

 

(b) An eligible person seeking nomination or election for a partisan office shall be registered in the party whose nomination he seeks and shall file an application in substantially the following form:

 

APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY

 

State of Wyoming )

 

) ss

 

County of .... )

 

I, ...., swear or affirm that I was born on ...., ....(year), that I have been a resident of the state of Wyoming since ...., and that I am a registered voter of Election District No. ...., in Precinct No. ...., residing at ...., in County of ...., (if for the office of state senator or representative) in Senate (House) District ...., state of Wyoming, and registered as a member of .... party, and I hereby request that my name be printed upon the official party ballot at the next primary election as a candidate for the office of ...., and hereby declare that if nominated and elected, I will qualify for the office.

 

Dated the .... day of ...., ....(year).

 

.....................(Signature)

 

(c) A nomination application that is required to be filed with the secretary of state may be electronically filed as provided under W.S. 9-2-2501 if the application is accompanied by the proper filing fee.

 

22-5-205. Nomination application form for nonpartisan office.

 

(a) An eligible person seeking nomination for a nonpartisan office must file an application in substantially the following form:

 

APPLICATION FOR NOMINATION BY NONPARTISAN PRIMARY

 

State of Wyoming )

 

) ss

 

County of .... )

 

I, ...., swear or affirm that I was born on ...., that I have been a resident of the State of Wyoming since ...., and that I am a registered voter of .... County, residing at ...., and that I am eligible to be elected to such office, and I hereby request that my name be printed upon the official nonpartisan ballot at the next primary election as a candidate for the office indicated below as follows:

 

(Name of office).

 

I am seeking (1) the regular term or (2) the unexpired term which terminates on the .... day of ...., ....(year).

 

Dated this .... day of ...., ....(year).

 

....................... Signature

 

(b) A nomination application that is required to be filed with the secretary of state may be electronically filed as provided under W.S. 9-2-2501 if the application is accompanied by the proper filing fee.

 

22-5-206. Where nomination applications to be filed.

 

(a) Nomination applications for United States senators and representatives in congress, state offices, members of the legislature, circuit court judges, and state district court judges shall be filed in the office of the secretary of state.

 

(b) Other applications, including district attorneys, shall be filed in the office of the county clerk of the county in which the person filing for nomination resides.

 

22-5-207. Furnishing of application forms.

 

The secretary of state and county clerks shall provide the application form required to be filed in their respective offices.

 

22-5-208. Filing fees; exception.

 

(a) Applications shall be accompanied by the following fees:

 

(i) Twenty-five dollars ($25.00) for the offices of state senator, state representative, district attorney and for the offices to be voted for by electors wholly within a county;

 

(ii) Two hundred dollars ($200.00) for offices to be voted for by electors of the entire state.

 

(b) No application is valid unless the fee is paid.

 

(c) A filing fee shall not be required of candidates for special district director, school district trustee, community college trustee, precinct committeeman or precinct committeewoman.

 

22-5-209. Time for filing nomination applications; certified list.

 

An application for nomination shall be filed not more than ninety-six (96) days and not later than eighty-one (81) days next preceding the primary election. Not later than sixty-eight (68) days before a primary election the secretary of state shall transmit to each county clerk a certified list of persons whose applications have been filed in the office of the secretary of state stating as to each his name, age, address, office sought and party affiliation.

 

22-5-210. Repealed By Laws 1998, ch. 100, 5.

 

22-5-211. Repealed By Laws 1998, ch. 100, 5.

 

22-5-212. When declaration of party affiliation required.

 

An elector requesting a major party ballot must declare his party affiliation, or sign an application for change of affiliation before he may receive a party ballot. An elector may vote only the nonpartisan ballot and if so, is not required to declare his party affiliation. Requesting a partisan primary election ballot constitutes a declaration of party affiliation. A change in declaration of party affiliation shall be entered on the poll list by the election judge.

 

22-5-213. Entry in pollbook.

 

The judges of election shall check or enter in the pollbook the name of each elector voting in the primary election and his party affiliation, if declared. An elector voting only a nonpartisan ballot shall be entered in the pollbook as an unaffiliated voter.

 

22-5-214. Change in party affiliation.

 

An elector may change his party affiliation by completing an application signed before a notarial officer or election official, and filing it with the county clerk not later than fourteen (14) days before the primary election or at the polls on the day of the primary or general election, or when requesting an absentee ballot.

 

22-5-215. Nomination of partisan candidates and write-in candidates.

 

On each party ballot the candidate or candidates equal in number to the number to be elected to each office who receive the largest number of votes shall be nominated and shall be entitled to have their names printed on the ballot for the next general election. A write-in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least twenty-five (25) write-in votes. An unsuccessful candidate for office at a primary election whose name is printed on any party ballot may not accept nomination for the same office at the next general election.

 

22-5-216. Repealed By Laws 2011, Ch. 38, 2.

 

22-5-217. Repealed By Laws 1998, ch. 100, 5.

 

22-5-218. Election of major party precinct committeemen and committeewomen.

 

The candidates equal in number to the number of offices to be filled receiving the greatest number of votes on each party ballot for the offices of major party precinct committeeman and committeewoman shall be deemed elected.

 

22-5-219. Further action by nominees or elect not required; exception.

 

(a) Candidates nominated and major party precinct committeemen and committeewomen elected at a primary election shall be deemed nominated or elected without further action. In addition, each write-in candidate nominated at a primary election shall comply with the provisions of W.S. 22-16-106.

 

(b) Repealed By Laws 1998, ch. 100, 5.

 

22-5-220. Withdrawal of nomination application restricted.

 

A candidate may withdraw a nomination application prior to the primary election only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the party ballots are finalized and approved for printing by a county clerk in any county where the candidate's name will appear on the party ballot, the county clerk shall not be required to remove the candidate's name from the party ballot, but shall post a notice at each polling place announcing that the named candidate has withdrawn from nomination for the office designated.

 

ARTICLE 3 - NOMINATION BY PETITION

 

22-5-301. Independent partisan candidates; form.

 

(a) Independent candidates for partisan public offices may be nominated by filing a signed petition in substantially the following form:

 

PETITION FOR NOMINATION

 

I, ...., swear or affirm that I was born on ...., ....(year), that I have been a resident of the State of Wyoming since ...., and that I am a registered voter of Election District No. ...., in Precinct No. ...., County of ...., residing at ...., (if for the office of state senator or representative, commissioner or other district office) in Senate (House) (Commissioner or other) District ...., State of Wyoming, and having obtained the number of signatures required by law for nomination by petition, I hereby request that my name be printed on the official ballot at the next general election as an independent candidate for the office of .... and declare that if nominated and elected, I will qualify for the office.

 

Dated the .... day of ...., ....(year).

 

....................... (Signature)

 

The eligible, registered electors supporting my nomination, and numbering not less than the number required under W.S. 22-5-304, are as follows:

 

(Signature) (Printed Name) (Residence) (Date)

 

1.

 

2.

 

VERIFICATION BY CIRCULATORS

 

I, ...., do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from .... (month) .... (day), ....(year) through .... (month) .... (day), ....(year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be.

 

............... (Signature)

 

(b) The petition shall be approved by the appropriate filing office prior to circulation.

 

22-5-302. Unsuccessful primary candidates precluded.

 

An unsuccessful candidate for office at a primary election, whose name is printed on any party ballot, may not seek nomination by petition for the same office at the next general election.

 

22-5-303. Restrictions on sponsors of independent candidates.

 

The name of a political group sponsoring an independent candidate shall not contain the name or any derivation of the name of any political party recognized under Wyoming law.

 

22-5-304. Qualifications and number of signers required.

 

(a) For a statewide partisan office, a petition shall be signed by registered electors, resident in the state and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for representative in congress in the last general election for the entire state.

 

(b) For a countywide partisan office, a petition shall be signed by registered electors, resident in the county and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for representative in congress in the last general election for the entire county.

 

(c) For a district partisan election, a petition shall be signed by registered electors, resident in the district and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for the office in that particular district in the last general election. If a district's boundaries have changed since the last general election, then the required number of petition signatures shall not be less than two percent (2%) of the number of registered voters in the current district boundaries at the close of day on the day immediately preceding the primary election.

 

22-5-305. When petitions may be circulated; use of copies; requirements.

 

(a) A petition shall be circulated for signatures only during the calendar year in which the election for the office sought is to be held.

 

(b) Copies of the petition may be circulated for signatures, but each separate page shall contain the information required to be contained in the original petition for nomination.

 

(c) An elector signing a petition must also print on the petition his name, date and his residence address.

 

(d) The name of one (1) voter signed to more than one (1) petition for nomination to the same office shall not be counted on more than one (1) petition.

 

22-5-306. Where petitions to be filed; fee.

 

(a) Petitions for nomination of independent candidates shall be filed in the office prescribed for nomination by primary election for such office.

 

(b) Petitions must be accompanied by the same fee required for the same office of candidates seeking nomination by primary election. A petition not accompanied by the fee is not valid.

 

22-5-307. Time for filing independent petitions.

 

Petitions filed with the secretary of state and with the county clerk shall be filed not less than seventy (70) days before a general election.

 

22-5-308. Determining validity of petitions.

 

The secretary of state, or county clerk shall determine from the official list of registered electors whether sufficient valid signatures have been obtained on petitions filed in his office.

 

ARTICLE 4 - VACANCIES IN NOMINATION

 

22-5-401. Vacancies in nomination for major parties; procedure for filing generally.

 

(a) The vacancy in nomination which occurs if a major party candidate, between primary and general elections, dies, is disqualified to hold the office for which nominated, or files a withdrawal or rejection of nomination with the office where the candidate filed for nomination for election, shall be filled by certificate filed with the office which shall state:

 

(i) The cause of vacancy and name of the former nominee;

 

(ii) The name, age, place of residence, post office address and qualifications of the successor nominee; and

 

(iii) The office and term for which nominated.

 

(b) The certificate shall be prepared and filed by:

 

(i) The state central committee of the political party of the former nominee for a partisan office to be voted for by the electors of the entire state;

 

(ii) The county central committee of the political party of the former nominee for a partisan office to be voted for by the electors of a county or a subdivision thereof, except as provided in paragraph (iv) of this subsection;

 

(iii) Repealed By Laws 2004, Chapter 42, 2 and Chapter 94, 4.

 

(iv) For nominees for the state legislature, the state central committee of the political party of the former nominee for a partisan office shall:

 

(A) Notify the precinct committeemen and committeewomen for that party for each precinct within the legislative district of the vacancy and arrange a meeting of those precinct committeemen and committeewomen at which a successor nominee shall be selected by them. The state central committee of each party may delegate the authority to call a meeting under this subparagraph;

 

(B) Prepare and file the certificate required under subsection (a) of this section.

 

(c) Repealed by Laws 1985, ch. 204, 2.

 

(d) Notwithstanding subsections (a) and (b) of this section, the vacancy in nomination created by failure of the qualified write-in nominee to accept nomination shall remain vacant.

 

(e) A candidate may withdraw only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the ballots are finalized and approved for printing by a county clerk in any county where the candidate's name will appear on the ballot, the county clerk shall not be required to remove the candidate's name from the ballot, but shall post a notice at each polling place announcing that the named candidate is not the party's nominee for the office designated.

 

(i) Repealed By Laws 1998, ch. 100, 5.

 

(ii) Repealed By Laws 1998, ch. 100, 5.

 

(iii) Repealed By Laws 1998, ch. 100, 5.

 

22-5-402. Procedure after ballots and labels printed.

 

(a) If any major, minor or provisional party vacancy is filled after official ballots are finalized and approved for printing by a county clerk in any county where the candidate's name will appear on the ballot, the county clerk shall not be required to add the new candidate's name to the ballot.

 

(i) Repealed By Laws 1998, ch. 100, 5.

 

(ii) Repealed By Laws 1998, ch. 100, 5.

 

(iii) Repealed By Laws 1998, ch. 100, 5.

 

22-5-403. Vacancies in nomination for minor and provisional parties; withdrawal restricted.

 

(a) Any vacancy in nomination which occurs if a minor or provisional party certified candidate dies, is disqualified to hold the office for which nominated or files a withdrawal or rejection of nomination may be filled by a certification from the state party chairman and state party secretary.

 

(b) A candidate may withdraw only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the ballots are finalized and approved for printing by a county clerk in any county where the candidate's name will appear on the ballot, the county clerk shall not be required to remove the candidate's name from the ballot, but shall post a notice at each polling place announcing that the named candidate is not the party's nominee for the office designated.

 

(i) Repealed By Laws 1998, ch. 100, 5.

 

(ii) Repealed By Laws 1998, ch. 100, 5.

 

(iii) Repealed By Laws 1998, ch. 100, 5.

 

ARTICLE 5 - VALID WRITE-IN CANDIDATES

 

22-5-501. Qualifying as a write-in candidate.

 

(a) Each person requesting to have all votes cast for him as a write-in candidate counted, shall file an application for candidacy together with the appropriate filing fee with the appropriate filing officer not later than two (2) days after the election in which the person desires to have the write-in votes counted. Candidates whose votes did not affect the nomination who wish to have those votes counted shall follow the procedure set out in W.S. 22-16-106(c).

 

(b) Write-in votes which affect the outcome of an election shall continue to be canvassed as provided in W.S. 22-16-103.