Voting rights.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0302

HOUSE BILL
NO.
HB0098

Voting rights.

Sponsored by:
Representative(s) Zwonitzer, Dn. and Connolly and Senator(s) Case

A BILL

for

AN ACT relating to voting rights;
modifying requirements for rest
oration
of
voting rights to persons convi
cted of
nonviolent
felonies
;
conforming provisions;
repealing certain provisions;
and providing for an effective date.

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

Section 1.

W.S.
6
‑
10
‑
106(a)(iv),
7
‑
13
‑
105(b)
(intro)
,
by creating new paragraphs (iv) through (vii)
,

by
creating new subsections (d) through (g) and by
renumbering
(d)
as (h),
7
‑
13
‑
401(f)
and
7
‑
13-402(f)
are
amended to read:

6
‑
10
‑
106.

Rights lost by conviction of felony; restoration.

(a)

A person convicted of a felony is incompetent to be an elector or juror or to hold any office of honor, trust or profit within this state, unless:

(iv)

His rights as an elector are restor
ed pursuant to W.S. 7
‑
13
‑
105(b)
and (c)

through (h
)
, in which case the person shall remain incompetent to be a juror or to hold any office of honor, trust or profit within this state.

7
‑
13
‑
105.

Certificate of restoration of rights; procedure for restoration in general; procedure for restoration of voting rights for nonviolent felonies
; filing requirements
.

(b)

A person convicted of a nonviolent felony or nonviolent felonies
arising out of the same occurrence or related course of
events may apply
in writing to the state board of parole for a certificate which restores the person's

may
have

voting rights lost pursuant to W.S. 6
‑
10
‑
106
. The application shall specifically state that the requirements of this subsection have been met and shall be on a form approved by the state board of parole. The
state board of parole shall issue a certificate restoring a person's voting rights

restored

if
:

(
i
v)

He
has
been discharged from

a
ll

sentence
s
, including any
deferred or suspended sentence
s
;

(v)

He has
been discharged from
all probation
,
parole
or supervised release
;

(v
i
)

At least one
(1)
year has passed since
completion of the requirements of
paragraphs (
i
v)
and
(v) of this
sub
section; and

(v
i
i)

His
voting rights have not been
lost pursuant to W.S. 6
‑
10
‑
106
for conviction of a violent felony
.

(d
)

The department of corrections shall
issue a certificate of completion
of sentence
t
o
a
person
who has been convicted of a nonviolent felony in Wyoming and
who
h
as met
the requirements of paragraphs
(b)
(
i
v) and (v
) of
this
section
.
The certificate of completion
of sentence
shall state tha
t the person
may apply to have his voting rights restored
one
(1)
year from the date of the
certificate
.
At the time of issuing
the
certificate, the department shall provide to the person an application for restoration of voting rights
.

(e
)

Applications for restoration of voting r
ights shall be submitted to the
department of corrections
.
The department of corrections shall
issue
a certificate of restoration of voting rights to
persons
who apply for restoration and
who
meet the requirements of subsection (b)

of this section
.

The certificate shall state
that the person is entitled to register to vote
.

(
f
)

The
department of corrections shall send
the certificate of restoration of
voting
rights
to the applicant,
the secretary of state
and the division of criminal investigation.

(g)

If the department of correction
s
denies an application for restoration of voting rights, it shall notify the applicant in writing of the denial and state the reasons for the denial
.
The applicant may request a hearing to appeal
the
denial. The conduct of the hearing and the final decision are not subject to the provisions of the Wyoming Administrative Procedure Act
including the
provisions for
judicial review under W.S. 16
‑
3
‑
114
and 16
‑
3
‑
115
.

(d)
(h)

As used in this section, "violent felony" means as defined by W.S. 6
‑
1
‑
104(a)(xii), including offenses committed in another jurisdiction which if committed in this state would constitute a violent felony under W.S. 6
‑
1
‑
104(a)(xii). As used in this section, "nonviolent felony" includes all felony offenses not otherwise defined as violent felonies.

7
‑
13
‑
401.

Definitions; creation of board; officers; compensation; hearing panels; meetings.

(
f)

Three (3) or more members of the board may constitute a hearing panel empowered to review applications for parole, grant paroles or revoke paroles. Fewer than three (3) members of the board, as may be provided by rule of the board, may withdraw or revoke good time, restore or reinstate good time,
make initial determinations of elig
ibility

and
restore voting rights pursuant to W.S. 7
‑
13
‑
105(b) and (c)
,

make recommendations to the governor to grant commutations of sentences and review inmate matters, other than the grant or denial of parole, brought
before the board. A decision by a majority of the members of a panel under this subsection is the decision of the board.

7
‑
13
‑
402.

General powers and duties of board; eligibility for parole; immunity.

(f)

The promulgation of substantive rules by the board, the conduct of its hearings and its final decisions are specifically exempt from all provisions of the Wyoming Administrative Procedure Act including the provisions for judicial review under W.S. 16
‑
3
‑
114 and 16
‑
3
‑
115.
This exception shall not apply to the provisions authorizing a contested case hearing under W.S. 7
‑
13
‑
105(c).
The board's rules and regulations shall be filed in the office of the secretary of state.

Section 2.

W.S. 7
‑
13
‑
105(b)
(i) through
(iii)
and (c)
and
7
‑
13-402(h)
are
repealed.

Section 3.

This act is effective July 1, 201
2
.

(END)

1
HB0098