Elections-dates for special district and bond elections.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0051

SENATE FILE
NO.
SF0008

E
lections
-dates for special district and bond elections
.

Sponsored by:
Senator(s) Geis

A BILL

for

AN ACT relating to

elections
; repealing provisions for mail ballot elections;
providing for bond elections
, special district and certain other elections
to be held on the day of a primary or general election;
making conforming amendments
;
and providing for an effective date.

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

Section 1.
W.S. 11
‑
16
‑
134(c), 18
‑
10
‑
204, 18
‑
12
‑
120, 18
‑
16
‑
115, 22
‑
21
‑
103, 22
‑
29
‑
109(f) and
(g), 22
‑
29
‑
112(a), 22
‑
29
‑
113(c) and
(m), 35
‑
2
‑
704, 41
‑
8
‑
108 and 41
‑
8
‑
114(c) are amended to read:

11
‑
16
‑
134.

Imposition of tax; vote of electors required.

(c)

Subject to the limitation of subsection (b) of this section, the proposition to impose a tax under this act shall be submitted on an election date authorized under W.S. 22
‑
21
‑
103
.
,

or by mail ballot pursuant to W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116.
A notice of election shall be given by the county clerk in at least one (1) newspaper of general circulation published in the county wherein the election is to be held and shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words "for the conservation district tax" and "against the conservation district tax". Upon the initial submission of the conservation district tax, or any renewal thereof, after July 1, 1995, the conservation district board of supervisors shall choose one (1) of the following options and the words of the chosen option shall be clearly printed in the appropriate area on the election ballot:

(i)

If this proposition is approved, the same proposition shall be submitted at the second following general election
or by mail ballot pursuant to W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116,
and thereafter at succeeding general elections
or by mail ballot pursuant to W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116,
every four (4) years until the proposition is defeated; or

(ii)

If this proposition is approved, the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, and the proposal to discontinue the tax is approved by the voters. The proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election
or by mail ballot pursuant to W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116
for approval or disapproval.

18
‑
10
‑
204.

Election of trustees; generally; terms.

An election of the six (6) initial trustees shall be held at the same time as the election to form the district under W.S. 18
‑
10
‑
201 and in accordance with the Special District Elections Act of 1994
.
, including by mail ballot.
The board of trustees elected shall govern the district affairs and serve without compensation. At the first subsequent director election three (3) members shall be elected to serve until the next subse
quent director district election
and three (3) members elected to serve until the second subsequent director district election and until their successors are elected and qualified.

Subsequent director district elections shall be held in accordance with W.S. 22
‑
29
‑
112.

18
‑
12
‑
120.

Bond elections; resolution for submission of proposition to voters.

By resolution of its board a district may submit to its qualified voters
,
by mail ballot or
at an election on a date authorized under W.S. 22
‑
21
‑
103,
as determined by the board of county commissioners,
the proposition of issuing bonds pursuant to this act to provide funds for the acquisition, construction, improving or financing of improvements as well as performing services for the benefit of the residents of the district, including any or all expenses incidental thereto or connected therewith.

18
‑
16
‑
115.

Bond elections; resolution for submission of proposition to voters.

By resolution of its board, a district may submit to its qualified voters
by mail ballot or
at an election on a date authorized under W.S. 22
‑
21
‑
103, as determined by the board of county commissioners, the proposition of issuing bonds pursuant to this act to provide funds for the acquisition, construction, improving or financing of improvements as well as performing services for the benefit of the residents of the district, including any or all expenses incidental thereto or connected therewith.

22
‑
21
‑
103.

How bond question to be submitted to electors; contents.

Each bond question shall be submitted to a vote of the qualified electors of the political subdivision. Every bond election shall be held on the same day as a primary election or a general election
.
, or on the Tuesday next following the first Monday in May or November, or on the Tuesday next following the third Monday in August. If calling the election in May, the body political subdivision shall by March 1, provide written notification to the county clerk, specifying the date of the election and the bond question. If the political subdivision specifies the date of the election to be a primary or general statewide or other August or November election, then

T
he political subdivision shall provide notice to the county clerk not less than one hundred ten (110) days before the election if for a primary
or other August
election, and not less than seventy (70) days before the election, if for a general
or other November
election.

The bond question shall state the purpose of the bonds, the maximum principal amount thereof, the maximum number of years allowed for the indebtedness and the maximum rate of interest to be paid thereon.

The secretary of state may promulgate reasonable rules for conducting bond elections where the election is not held at the same time as the general or primary election.

22
‑
29
‑
109.

County commissioners' action on formation petition.

(f)

If the county commissioners approve the petition for formation, as presented or as modified, the county commissioners shall enter an order declaring its approval. The order shall set forth the name of the proposed district and a description of the boundaries.

Upon the entering of this order, the commissioners shall direct that the question of formation of the district and the election of the initial directors be submitted to the electors of the proposed district to be held in their respective counties
by mail ballot or
on the next election date authorized under W.S. 22
‑
21
‑
103 which is at least sixty (60) days after the expiration of the thirty (30) day period described in subsection (e) of this section.

(g)

Any errors or changes on the map or in the legal description shall be corrected, and the corrected version shall be displayed at the polls on election
day
.

or included in each mail ballot package.

The map shall be developed after consultation with the county assessor for each affected county to ensure accuracy.

22
‑
29
‑
112.

Subsequent director elections.

(a)

Subsequent director elections shall be held on
the
first Tuesday after the third Monday in March or on the Tuesday next following the first Monday in May or November,

same day as a primary election or a general election
as determined by the district and shall accommodate staggered terms as set forth in the principal act.

22
‑
29
‑
113.

General provisions relating to special district elections.

(c)

All special district elections which are not conducted in conjunction with any other election, shall be at the expense of the district. Provided, however, any district may apply to the county for financial help to cover election expenses. The county commissioners, in their sole discretion, shall determine whether the county provides election financial help to special districts.
For special district elections
,

conducted in conjunction with other elections,

the special district may be required to pay only those expenses which are reasonably attributable or allocable to the district's participation in the election.

The expenses shall not include any fixed cost associated with an election.

(m)

All special district elections
, including mail ballot elections,

shall be overseen by the county clerk in the county wherein the special district exists. If the special district exists in more than one (1) county, the county clerk of the county wherein the largest portion of the special district exists shall oversee the election. The county clerk shall determine whether the election shall be conducted by the county clerk or the special district, taking into account each special district's expertise, manpower and ability to conduct an election. "Oversee" as used in this subsection may include training, advice or assistance but does not include responsibility for the actions, conduct or outcome of the election unless the county clerk conducts the election.

35
‑
2
‑
704.

Procedure for election of trustees generally; number, compensation and term of trustees.

The district shall be managed and controlled by a board of five (5) trustees who shall serve without compensation. Members of the initial board shall be elected at the formation election to serve until the first regular subsequent director election and until their successors are elected and qualified.

Subsequent director elections shall be held in accordance with W.S. 22
‑
29
‑
112.

At the first regular subsequent director election members shall be elected to staggered terms so that three (3) members are elected for two (2) year terms and two (2) for four (4) year terms.

Thereafter, all members shall be elected for terms of four (4) years.

41
‑
8
‑
108.

Referendum prerequisite to establishment; generally.

After the board of supervisors has made and recorded a determination that there is a need, in the interest of the public health, safety and welfare, for the creation of the proposed watershed improvement district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon the district in this act is administratively practicable and feasible.

To assist the board of supervisors in this determination, the board shall,
by mail ballot or
at the next election date authorized under W.S. 22
‑
21
‑
103 which is at least sixty (60) days after entry of the finding that there is need for the organization of a district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district.

Notice of the referendum shall be given by the board of supervisors as provided in the Special District Elections Act of 1994.

41
‑
8
‑
114.

Board of directors; issuance of bonds.

(c)

The provisions of W.S. 41
‑
8
‑
107 through 41
‑
8
‑
110, as to notice and manner of holding a referendum in organizing a watershed improvement district shall be appl
i
cable to the referendum held under this section.

Any refe
r
endum held under this section shall be held
by mail ballot or
on an election date authorized under W.S. 22
‑
21
‑
103.

Section 2.
W.S. 22
‑
29
‑
113(a) and 22
‑
29
‑
114 through 22
‑
29
‑
116 are repealed.

Section
3
.
This act is effective July 1, 2011.

(END)

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SF0008