Multiple county district attorneys.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0291.E1

HOUSE BILL
NO.
HB0023

Multiple county district attorneys.

Sponsored by:
Representative(s) Harvey, Hammons, Jones, Olsen, Petersen, Quarberg and Simpson and Senator(s) Coe, Geis and Peterson

A BILL

for

AN ACT relating to district attorneys; authorizing the majority of county commissioners from a majority of the counties within a judicial district to create an office of district attorney within those counties; specifying appointment and election procedures for a district attorney in a multi-county office of district attorney;
amending election code provisions to reflect multi-county offices of district attorney;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
1
‑
801
, 22
‑
1
‑
102(a) by creating a new paragraph (xlvii), 22
‑
5
‑
206, 22
‑
5
‑
401(b)(ii) and by creating a new paragraph (v), 22
‑
16
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116, 22
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16
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121(b), 22
‑
17
‑
101 by creating a new subsection (b), 22
‑
17
‑
102(a)(intro) and 22
‑
17
‑
104 are
is amended to read:

9
‑
1
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801.

Office created; mandatory and permissive establishment.

(a)

There shall be in each judicial district in which any one (1) county has reached a population of sixty thousand (60,000) or more the office of district attorney. In each of the remaining judicial districts there shall be the office of district attorney whenever a majority of the county commissioners in
each county
a majority of the counties
within the judicial district shall resolve that such an office of district attorney should be created in that judicial district
.

subject to the following:

(i)

A majority of the counties within a judicial district may resolve to create the office of district attorney in that portion of the judicial district and notify the secretary of state on or before April 15 of any even numbered year;

(ii)

Those counties shall on or before July 1 of that year enter into a joint powers agreement pertaining to the future operations of the district attorney within the counties
,
and the agreement shall be filed with the secretary of state;

(iii)

Candidates for the office of district attorney in those counties shall file applications for the office in each county participating within the time frames required by the
Wyoming
Election Code. The results of the election shall be canvassed and the winner declared by the state canvassing board based on which candidate received a cumulative majority vote from the participating counties.

22
‑
1
‑
102.

Definitions.

(a)

The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:

(xlvii)

"Multi-county district attorney" means the office of district attorney which represents more than one (1) county pursuant to W.S. 9
‑
1
‑
801. Except as specified otherwise, for purposes of applying this Election Code to a multi-county district attorney:

(A)

"Political subdivision" or "county," shall mean all counties represented by the multi-county district attorney;

(B)

All filings required by this Election Code shall be with the secretary of state.

22
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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,
multi-county district attorneys
and state district court judges shall be filed in the office of the secretary of state.

(b)

Other applications, including district attorneys
other than multi-county 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
‑
401.

Vacancies in nomination for major parties; procedure for filing generally.

(b)

The certificate shall be prepared and filed by:

(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

paragraphs

(iv)
and (v)

of this subsection;

(v)

For nominees for a multi-county district attorney office, the provisions of paragraph (iv) of this subsection shall apply.

22
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16
‑
116.

Statewide abstract; discrepancies with county abstracts.

From the unofficial tabulations delivered directly to his office, the secretary of state shall tabulate a statewide abstract by counties of votes for president and vice-president, state officers, justice of the supreme court, United States senator, representative in congress, district court judges, members of the state legislature
, multi-county district attorneys
and the votes for and against ballot propositions voted on by electors of a district larger than a county. The unofficial tabulation shall then be reconciled to the official abstracts of the county canvassing boards and the secretary of state shall prepare the state abstract from the official county abstracts.

22
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16
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121.

Certificates of nomination and election following state or county canvass.

(b)

The governor shall issue a certificate of election to a candidate duly elected to an office to be filled by electors of the state, district court judges,
multi-county district attorneys
and members of the state legislature. The county clerk shall issue a certificate of election to each candidate duly elected to a county or precinct office in the county and to members elected to boards of trustees of hospital, school or community college districts and city or town councils.

22
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17
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101.

Right to contest elections; exception; grounds.

(b)

A qualified elector in any county represented by a multi-county district attorney may contest the right of a person declared elected to that office upon the grounds provided in subsection (a) of this section.

22
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17
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102.

Commencement by verified petition; contents.

(a)

Election contests for all primary election offices and all general election offices other than state legislators, United States president and vice-president and presidential elector, may be commenced by the contestant filing with the clerk of the district court of the county
, or in the case of a multi-county district attorney any county served by that office
, within fourteen (14) days after the results of the election have been certified by the canvassing board, a verified petition setting forth specifically:

22
‑
17
‑
104.

Judgment for costs.

If the proceedings in an election contest are dismissed for insufficiency, or want of prosecution, or if the election is confirmed by the court, judgment shall be rendered for costs against the party contesting the election and in favor of the party whose election was contested. If the election is annulled and set aside for grounds stated in W.S. 22
‑
17
‑
101(a)(ii), (iii) or (v), judgment for costs shall be rendered against the party whose election was contested and in favor of the party contesting the election. If the election is annulled and set aside for the grounds stated in W.S. 22
‑
17
‑
101(a)(i) or (iv), judgment and costs shall be rendered against the county
, or in the case of a multi-county district attorney created pursuant to W.S. 9
‑
1
‑
801(a)(i) through (iii) the joint powers board created pursuant to W.S. 9
‑
1
‑
801(a)(ii)
.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0023