Vacancies in office.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0081

HOUSE BILL
NO.
HB0176

Vacancies in office.

Sponsored by:
Representative(s) Zwonitzer, Dn.

A BILL

for

AN ACT relating to
vacancies in office; removing state and county party central committees from process of filling vacancies in statewide and county elective offices as specified; providing for management council submission of qualified nominees for vacancies in of
fice of United States senator or in any state office other than the office of justice of the supreme court and the office of district court judge; providing for boards of county commissioners to fill vacancies in county elective offices as specified;
and providing for an effective date.

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

Section 1.
W.S.
18
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3
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524(a)(intro) and
22
‑
18
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111(a)(i) and (ii) are amended to read:

18
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3
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524.

Appointments to fill vacancies; term.

(a)

Within twenty (20) days after the office of any county commissioner becomes vacant the remaining members of the board shall declare a vacancy to exist and
immediately give notice of the vacancy in writing to the chairman of the county central committee of the political party which the member whose office is vacant represented at the time of his election under W.S. 22
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6
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120(a)(vii), or at the time of his appointment if not elected to office. The chairman of the county central committee shall within twenty (20) days after receipt of the notice call a meeting of the county central committee. At the meeting the committee shall select three (3) persons qualified to fill the vacancy and transmit the names to the board of county commissioners. The board of county commissioners
shall fill the vacancy within twenty (20) days after
receiving the list from the county central committee

declaring the vacancy
by appointing one (1)
of the persons whose names are submitted by the county central committee

qualified person who is o
f the political party which the member whose office is vacant represented at the time of his election under W.S. 22
‑
6
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120(a)(vii), or at the time of his appointment if not elected to office
:

22
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18
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111.

Vacancies in other offices; temporary appointments.

(a)

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor. The person appointed shall serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January. Provided, if a vacancy in a four (4) year term of office occurs in the term's second or subsequent years after the first day for filing an application for nomination pursuant to W.S. 22
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5
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209, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term. The following apply:

(i)

If a vacancy occurs in the office of United States senator or in any state office other than the office of justice of the supreme court and the office of district court judge, the governor shall immediately notify in writing the
chairman of the state central committee

of the
political party which the last incumbent represented at the time of his election under W.S. 22
‑
6
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120(a)(vii), or at the time of his appointment if not elected to office

management council of the legislature
. The chairman shall call a meeting of the
state central committee

management council
to be held not later than fifteen (15) days after he receives notice of the vacancy. At the meeting the
state central committee

management council
shall select and transmit to the governor the names of three (3) persons
of the political party which the last incumbent represented at the time of his election under W.S. 22
‑
6
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120(a)(vii), or at the time of his appointment if not elected to office
who are
qualified to fill the vacancy.
If the incumbent who has vacated office did not represent a political party at the time of his election, or at the time of his appointment if not elected to office,
the management council shall select and transmit to the governor the names of three (3) persons qualified to fill the vacancy.
Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by temporary appointment of one (1) of the three (3) to hold the office
;
. If the incumbent who has vacated office did not represent a political party at the time of his election, or at the time of his appointment if not elected to office, the governor shall notify in
writing the chairman of all state central committees of parties registered with the secretary of state. The state central committees shall submit to the governor, within fifteen (15) days after notice of the vacancy, the name of one (1) person qualified to fill the vacancy. The governor shall also cause to be published in a newspaper of general circulation in the state notice of the vacancy in office. Qualified persons who do not belong to a party may, within fifteen (15) days after publication of the vacancy in office, submit a petition signed by one hundred (100) registered voters, seeking consideration for appointment to the office. Within five (5) days after receiving the names of qualified persons, the governor shall fill the vacancy by temporary appointment to the office, from the names submitted or from those petitioning for appointment;

(ii)

If a vacancy occurs in a county elective office, except as provided in W.S. 18
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3
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524, the board of county commissioners of the county in which the vacancy occurs shall
,

immediately notify in writing the chairman of the county central committee of the political party which the last incumbent represented at the time of his election under W.S. 22
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6
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120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall
call a meeting of the county central committee to be held
not later than fifteen (15) days after
he

the board
receives notice of the vacancy
,
. At the meeting the county central committee shall select and transmit to the board of county commissioners the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the board of county commissioners shall
fill the vacancy by appointment of one (1)
of the three
(3)
person
to hold the office
who is
of the political party which the last incumbent represented at the time of his election under W.S. 22
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6
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120(a)(vii), or at the time of his appointment if not elected to office
. If the incumbent who has vacated office did not represent a political party at the time of his election, or at the time of his appointment if not elected to office, the county commissioners shall publish in a newspaper of general circulation in the county, notice that within fifteen (15) days after publication any qualified person may make application directly to the county commissioners for appointment to fill the vacancy. Within twenty (20) days after the publication of the vacancy in office the county commissioners shall fill the vacancy by appointment of one (1) person qualified from those submitting applications;

Section 2.
W.S. 18
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3
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524(a)(i) is repealed.

Section 3.
This act is effective July 1, 2014.

(END)

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HB0176