Primary elections.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0072

SENATE FILE
NO.
SF0056

Primary elections.

Sponsored by:

Senator(s) Rothfuss

A BILL

for

AN ACT relating to
elections; providing for primary elections allowing any voter to vote for any candidate running; eliminating election of precinct committeemen and committeewomen; providing for the candidates with the two highest votes in the primary to advance to the general election;
providing for filling of vacancies
in nomination
;
providing conforming amendments;
and providing for an effective date.

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

Section 1.
W.S. 22
‑
5
‑
404 is created to read:

22
‑
5
‑
404.

Vacancies in nomination.

(a)

A vacancy in nomination for office to be filled at a general election occurs if a candidate nominated at a
primary election declines to accept the nomination, dies, moves his residence from his constituency or becomes disqualified to hold the office for any reason provided by law.

(b)

A vacancy in nomination shall be filled by the chief election officer notifying the person who received the next highest number of votes at the primary election as shown on the official canvass, or, if no other candidate exists, the vacancy in nomination
shall
be filled by
:

(i)

The state central committee of the political party of the former nominee for an 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 an office to be voted for by the electors of a county or a subdivision thereof.

Section 2
.
W.S. 22
‑
2
‑
104(b), 22
‑
4
‑
101(b), 22
‑
4
‑
103, 22
‑
4
‑
406, 22
‑
5
‑
101,
22
‑
5
‑
102(a)(i),

22
‑
5
‑
204
(b) and by creating a new subsection (d)
,
22
‑
5
‑
208(c), 22
‑
5
‑
209, 22
‑
5
‑
213, 22
‑
5
‑
215, 22
‑
5
‑
219
(a)
, 22
‑
5
‑
220, 22
‑
6
‑
101,
22
‑
6
‑
112, 22
‑
6
‑
116, 22
‑
6
‑
117(a)
(intro)
, 22
‑
6
‑
119(a)
(intro) and (i)
, 22
‑
6
‑
120(a)
(intro), (i) and (vii), 22
‑
6
‑
123
,
22
‑
10
‑
101(a)(vii) and
(x), 22
‑
10
‑
108(a), 22
‑
11
‑
103(a)(vii), 22
‑
11
‑
104(b)(iii), 22
‑
16
‑
121(a), 22
‑
18
‑
106, 22
‑
18
‑
107

and 22
‑
23
‑
1
03(c)(i)
are amended to read:

22
‑
2
‑
104.

Election dates.

(b)

A primary election shall be held at the regular polling places in each precinct on the first Tuesday after the third Monday in August in general election years for the nomination of candidates for partisan and nonpartisan offices to be filled at the succeeding general election
.

and for the election of major party precinct committeemen and committeewomen.

22
‑
4
‑
101.

Application; composition, election and qualifications of county central committees; certificate of election.

(b)

The county central committee of each political party consists of precinct committeemen and committeewomen
elected in the county at the regular biennial primary election

in accordance with
the
party bylaws
.

Each
political party in each precinct shall elect one (1) committeeman and one (1) committeewoman for each two hundred fifty (250) votes or major fraction thereof cast for the party's candidate for representative in congress in the last general election, but provided that no precinct shall be entitled to less than one (1) precinct committeeman and precinct committeewoman. Precinct committeemen and committeewomen shall be electors registered in the party and resident in the precinct. The county clerk shall issue a certificate of election to the precinct committeemen and committeewomen elected and concurrently notify the county central committee chairman. The certificate shall state the term of office which shall begin on the day the primary election is canvassed and shall expire on the date the next regular biennial primary election is canvassed. If a precinct boundary line is changed for any reason, the county commissioners shall determine the number of precinct committeemen and committeewomen to which the affected precinct is entitled.

22
‑
4
‑
103.

County central committee vacancies.

A vacancy in the county central committee shall occur in the case of death, resignation, failure of a qualified
candidate to be elected to a precinct committeeman or committeewoman position, or removal of residence from the precinct.

A vacancy

in a county central committee
shall be
determined by the county central committee and

filled by the county central committee
by election of a registered elector resident in the precinct in which the vacancy exists and registered in the party or
as provided by the party bylaws.

22
‑
4
‑
406.

Officers and nominating procedures.

A provisional party shall be subject to W.S. 22
‑
4
‑
302 through 22
‑
4
‑
307.

Under no circumstances shall a provisional party nominate by the primary election process.

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

22
‑
5
‑
204.

Application for nomination or election; form.

(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)

............ (Residence Address)

(d)

An applicant for partisan office may indicate in the application whether he is a member of an existing party and whether the applicant wishes to have that membership indicated on the ballot.

22
‑
5
‑
208.

Filing fees; exception.

(c)

A filing fee shall not be required of candidates for special district director, school district trustee
,

or
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

if declared
.

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
‑
215.

Nomination of candidates and write-in candidates.

On each
party
ballot the candidate or candidates equal in number to
twice

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
‑
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.

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.

22
‑
6
‑
101.

Certification of candidates nominated; printing of names.

Not less than sixty (60) days before each general election the secretary of state shall
transmit

to each county clerk
under party headings
a certified list of
the name and address of each person nominated by primary election as indicated by the state canvass
.
, the name of each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought.
The names of these candidates shall be printed on the official ballot of the general election.

22
‑
6
‑
112.

Name to appear only once.

No candidate's name shall appear on the
partisan
ballot more than once
.
, except that of a candidate for the office of precinct committeeman or committeewoman, who may also seek another office on the same partisan primary ballot.

22
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6
‑
116.

Printing type size of party and candidate names.

On official ballots and ballot labels the
political party name or title shall be printed in capital letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The
names of all candidates shall be printed in the same size letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The name of each political party
, if declared,
shall be printed

next to the candidate’s name
in the same type size as that of every other political party.

22
‑
6
‑
117.

Order of listing offices.

(a)

The
major party
primary and general
partisan
election ballots shall contain the offices to be voted on in the following order:

22
‑
6
‑
119.

Format of primary ballot.

(a)

The primary ballot
of each major political party
shall be printed in substantial compliance with this format:

(i)

Across the top shall be printed "Official
Partisan
Primary Election Ballot"
;

followed by the name of the major political party;

22
‑
6
‑
120.

Format of general election ballot.

(a)

The general election
partisan
ballot shall be printed in substantial compliance with this format:

(i)

Across the top shall be printed "Official
Partisan
General Election Ballot";

(vii)

The names of
partisan party
candidates, if candidates have filed,
and independent candidates, if candidates have filed,
shall be printed in a separate column or columns, row or rows, and the name of the party
represented or the word "Independent"

declared, if any,

shall be printed
directly above

next to
the candidate's
name or at the end of the row
;
. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or the word "Independent" at the top of the column or beginning of the row;

22
‑
6
‑
123.

Nonpartisan offices on primary or general election ballots and ballot propositions.

On p
rimary and general election ballots
for

containing
nonpartisan offices and ballot propositions
, those candidates and ballot propositions
shall
be printed on yellow paper or paper with yellow demarcation as provided by rule and regulation of the secretary of state, separate from partisan ballots. They shall
contain no political party designations, but otherwise shall conform to the same general requirements for official
partisan
ballots except as otherwise specifically provided.

22
‑
10
‑
101.

Criteria for approval.

(a)

To be approved for use in Wyoming a voting machine shall:

(vii)

Have separate voting devices for candidates and ballot propositions, which shall be arranged in separate rows or columns, so that one (1) or more adjacent rows or columns may be assigned to the candidates
of each political party
at a primary election;

(x)

Have the capacity to contain
the names of candidates constituting the tickets of not less than five (5) political parties and independent groups and
not less than fifteen (15) ballot propositions;

22
‑
10
‑
108.

Procedure for preparing machines for election; inspection and certification.

(a)

Before preparing a voting machine for an election, the county clerk shall notify in writing the county chairman of each political party

having a
registered with the secretary of state
, and each

candidate on the ballot,
stating the time and place where the voting machine will be prepared for the election. The political party representatives and representatives of independent
candidates may be present at the preparation of the voting machine for the election, to see that the machine is tested for accuracy and is properly prepared and that all registering counters are set at zero (00000). The county clerk in the presence of these representatives shall prepare the voting machine for the election and set all registering counters at zero (00000). He shall then test each registering counter for accuracy by casting votes on it until the registering counter is correctly registering each vote cast on it. The county clerk shall then reset each registering counter to zero (00000) and shall immediately lock and seal the voting machine with a numbered metal seal and make a record of the number of the seal on the certificate for the machine. The seal shall be so placed as to prevent operation of the machine or its registering counters without breaking the seal. The county clerk shall then immediately make a record on the certificate for the machine of the reading shown on the protective counter.

22
‑
11
‑
103.

Capabilities required.

(a)

Every electronic voting system adopted for use in Wyoming shall:

(vii)

Provide automatic tabulating equipment which shall reject choices recorded on a ballot exceeding the number allowed
;
, and at a primary election reject choices for candidates from a party other than the party for which a preference is expressed;

22
‑
11
‑
104.

Conduct of elections in which systems utilized.

(b)

The county clerk of each county using an electronic voting system shall:

(iii)

Before testing an electronic voting system for an election, notify the county chairman of each political party
having a

registered with the secretary of state
, and each
candidate on the ballot, stating the time and place of the test. The political party representatives and representatives of independent candidates may be present for the test, which shall be held at least two (2) weeks before the election. The test shall ascertain that the automatic tabulating equipment will accurately count the votes cast for all offices and all measures. The test shall be conducted by processing a preaudited group of
paper ballots or ballot cards on which are recorded a predetermined number of valid votes for each candidate and on each measure and shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. During the test a different number of valid votes shall be assigned to each candidate for an office, and for and against each measure. If any error is detected, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified to by the county clerk. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots;

22
‑
16
‑
121.

Certificates of nomination and election following state or county canvass.

(a)

When the state canvass is concluded, the secretary of state shall issue a certificate of nomination to each candidate nominated at a primary election and certify the names of nominees as provided in W.S. 22
‑
6
‑
101. When the county canvass is concluded, the county clerk
shall issue a certificate of nomination to each candidate nominated at a primary election
.

or by petition.

22
‑
18
‑
106.

Filling vacancy of congressman
.

An elector qualified to hold the office of representative in congress shall
be nominated by the state central committee of the respective parties to fill a vacancy for the unexpired term of that office. Nominations from such parties shall be filed with the secretary of state and fees paid within fifteen (15) days after the vacancy is officially declared. Independent candidates
shall
file an application and pay the filing fee with the secretary of state within fifteen (15) days after the vacancy is officially declared.

22
‑
18
‑
107.

Filling vacancy of congressman; certification of candidates.

Within twenty (20) days after the vacancy is declared, the secretary of state shall certify to the clerks of counties voting to fill the vacancy the name of each candidate qualified to appear on the ballot
.
, and his party
affiliation or the name of a group or organization sponsoring an independent candidate.

22
‑
23
‑
103.

Division of city into wards; residency.

(c)

In any general election year in which city wards are redrawn but not enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for a ward if he:

(i)

Is a resident of the city on the date he files an application under W.S. 22
‑
5
‑
204
;

or a petition under W.S. 22
‑
5
‑
301;

and

Section
3
.
W.S.
18
‑
3
‑
524(d),
22
‑
4
‑
303, 22
‑
4
‑
304, 22
‑
5
‑
202, 22
‑
5
‑
203,
22
‑
5
‑
205,
22
‑
5
‑
212, 22
‑
5
‑
218, 22
‑
5
‑
301 through 22
‑
5
‑
308, 22
‑
5
‑
401 through 22
‑
5
‑
403,
22
‑
6
‑
117(a)(xi),
22
‑
6
‑
118, 22
‑
6
‑
121, 22
‑
6
‑
124
through
22
‑
6
‑
127,

22
‑
10
‑
101(a)(vi), 22
‑
18
‑
108, 22
‑
18
‑
111(a)(iii)(A), (B) and
(c) and 22
‑
25
‑
107(a)(vi) are repealed.

Section
4
.
This act is effective January 1, 2014.

(END)

1
SF0056