Voting rights.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0006.E1

HOUSE BILL
NO.
HB0129

Voting rights.

Sponsored by:
Representative(s) Zwonitzer, Dn., Barlow, Connolly, Loucks, Patton, Petroff, Sommers, Throne and Watt and Senator(s) Burns, Case and Rothfuss

A BILL

for

AN ACT relating to voting rights; modifying requirements for restoration of voting rights to persons convicted of nonviolent felonies; conforming provisions; repealing
conflicting
provisions
related to restoration of voting rights
; 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

shall
have

voting rights
, which were
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
:

(iv)

He
has been discharged from all sentences, including any deferred or suspended sentences;

(v)

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

(vi)

At least one (1) year has passed since completion of the requirements of paragraphs (iv) and (v) of this subsection; and

(vii)

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 to a
person
who has been convicted of a nonviolent felony in Wyoming and
who
has met the requirements of paragraphs (b)(iv) 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 rights 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 corrections 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.

Th
is act is effective July 1, 2013
.

(END)

1
HB0129