County commissioners-election to modify numbers.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0091

ENROLLED ACT NO. 26, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
county commission composition;

providing a form for petitions to increase or decrease the number of county commissioners; limiting elections to increase or decrease the number of county commissioners to general election dates;
and providing for an effective date.

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

Section 1.

W.S. 18
‑
3
‑
501(b), (c), (d), (f) and (g)
is
amended to read:

18
‑
3
‑
501.

Composition; election for increasing the number; term; quorum; election for districting; procedures.

(b)

Notwithstanding subsection (a) of this section, any county may increase the membership of its board of county commissioners from three (3) to five (5) members if a proposition for the increase is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of the increase. Additional offices created under this subsection
in odd-numbered years
shall be filled at the general election next following the election at which the increase was approved.
Additional offices created under this subsection in even-numbered years shall be filled at the general election to be held in two (2) years and not at the current year general election.
At
the

that
general election, not more than one (1) commissioner shall be elected for a term of two (2) years, and the election ballots shall so state. Each term shall otherwise be four (4) years.

(c)

The proposition to increase the membership of the board of county commissioners shall be at the expense of the county and be submitted to the electors of the county upon receipt by the county clerk of a petition requesting
the election signed by at least ten percent (10%) of the qualified electors of the county. To be counted the electors shall be registered voters when the completed petition is submitted for verification. The number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the county clerk.
The petition shall be in substantially the following form:

"
This petition is for the purpose of requesting an election to
increase the membership of the b
oard
of county c
ommissioner
s
from three (3) to five (5) members. If a proposition for the increase is submitted to a vote of the qualified electors of the county and a majority of those

casting their ballots vote in favor of the increase, the additional offices created shall be filled at
the general election held in (year).

The eligible registered e
lectors supporting the petition
and numbering not less than ten
percent
(10%)

of the total number of votes cast at the last
g
eneral
e
lection in the
county
for which this petiti
on is filed, are as follows:

(Signature)

(Printed Name)

(Residence

Address) (Date)

VERIFICATION OF CIRCULATORS

I,
....
do hereby certify that I am a circulator of this petition, and I solely and

personally circulated this petition, that all the signatures appearing herein were made in my presence

from (month)_
(day),
(year) through (month)

(day), (year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be.

(Signature)

(Residence Address)
"

(d)

The proposition may be submitted at any general election
.

or at an election date authorized under W.S. 22
‑
21
‑
103.

A notice of election shall be given 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 increasing the membership of the board of county commissioners from three (3) to five (5) members
"
, and
"
against increasing the membership of the board of county commissioners from three (3) to five (5) members
"
.

(f)

Any county may decrease the membership of its board of county commissioners from five (5) to three (3) members in the same
manner

petition and proposition process
as an increase under subsections (b) and (c) of this section. The vote to decrease membership shall be in the general election
or at an election date authorized under W.S. 22
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21
‑
103
preceding the election of three (3) commissioners. Notice of the election shall be given as provided in subsection (d) of this section.

(g)

Any county in which the electors vote to increase the number of county commissioners from three (3) to five (5) as provided by this section may be divided into five (5) districts if a proposition for districting is submitted to a vote of the qualified electorate of the county and a
majority of those casting their ballots vote in favor of the districting. The proposition for districting shall be submitted to a vote in the manner provided by subsections (c) and (d) of this section. At the election, the ballot shall contain the words
"
for dividing the county into five (5) county commissioner election districts
"
and
"
against dividing the county into five (5) county commissioner election districts
"
. The proposition to increase the number of county commissioners and the proposition for districting may appear on the ballot at the same general election
,

or at an election date authorized under W.S. 22
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21
‑
103,
however the ballots shall state that the proposition for districting is contingent upon approval of the proposition to increase the number of commissioners. The petition required by subsection (c) of this section may contain both the proposition to increase the number of commissioners and the proposition for districting, or the propositions may be circulated and submitted on sepa
rate petitions. If the proposition for districting is not approved, the commissioners shall represent the county on at-large basis.

Section 2.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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