Nonpartisan county elective offices.

2017
STATE OF WYOMING
17LSO-0116
Numbered
1.2

SENATE FILE

NO.

SF0130

Nonpartisan county elective offices.

Sponsored by:
Senator(s) Rothfuss and Representative(s) Zwonitzer

A BILL

for

AN ACT relating to elections; providing for the nonpartisan nomination and election of candidates for county elective offices; modifying procedure to fill vacancies of county elective offices; providing for the order of offices on nonpartisan ballots; modifying the format of nonpartisan election ballots; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S.
5
‑
3
‑
201,
7
‑
4
‑
101,
9
‑
1
‑
801, 18
‑
3
‑
101, 18
‑
3
‑
524(
a)(intro)
,
(ii)
and
(b)(i),
22
‑
5
‑
203 by creating a new subsection (c)
, 22
‑
6
‑
125(a) by creating a new paragraph (vi) and by renumbering (vi) through (xiv)
as
(vii) through
(xv), 22
‑
6
‑
126 by creating a new subsection (c) and 22
‑
18
‑
111(a)(ii) and (vi) are
amended to read:

5
‑
3
‑
201
.

Office created; term; election in counties of first and second class; county clerk designated ex officio clerk in other counties.

There shall be a clerk of the district court in each organized county of the state whose term of office shall be four (4) years and until his successor is elected and qualified.
The position of clerk of the district court shall be nonpartisan.

Clerks of the district court shall be elected at general elections in counties of the first and second class; and in all other counties the county clerk shall be ex officio clerk of the district court, and shall perform all of the duties pertaining to the office of clerk of the district court.

7
‑
4
‑
101
.

Election; oath; bond.

A coroner shall be elected in each county for a term of four (4) years.
The position of coroner shall be nonpartisan.
H
e shall take the oath prescribed by the
constitution of the state and give bond to the state of Wyoming, in the penal sum of one thousand dollars ($1,000.00), with sufficient sureties, to be approved by the board of county commissioners, conditioned that he will faithfully perform all duties required by law.

9
‑
1
‑
801
.

Office created; mandatory and permissive establishment.

There shall be in each judicial district in which any one (1) county has reached a population of sixty thousand (60,000) or more the office of district attorney. In each of the remaining judicial districts there shall be the office of district attorney whenever a majority of the county commissioners in each county within the judicial district shall resolve that such an office of district attorney should be created in that judicial district.
The position of district attorney shall be nonpartisan.

18
‑
3
‑
101
.

Nonpartisan county offices; time of qualifying.

(a)

The positions of county commissioner,
county
clerk,
county
treasurer,
county
assessor,
county
coroner, sheriff,
county and prosecuting attorney
,
district attorney and clerk of the district court

under this chapter shall be nonpartisan.

(b)

All county officers elected at a general election shall qualify and assume their offices on the first Monday in January next following their election.

18
‑
3
‑
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
‑
6
‑
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 by appointing one (1) of the persons whose names are submitted by the county central committee

shall
:

(ii)

If the incumbent commissioner did not represent any political party at the time of his election or appointment, the board of county commissioners shall
P
ublish
in a newspaper of general circulation in the county notice that within twenty (20) 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 application deadline the county commissioners shall fill the vacancy by appointment of one (1) person qualified from those submitting applications.

(b)

If the remaining members of the board of county commissioners fail to fill any vacancy in a board of county commissioners within the time specified in this section,
any qualified elector of the county may file a petition with the clerk of the district court of the county in which the vacancy occurred requesting the judge of the district court to fill the vacancy:

(i)

Within twenty (20) days after the petition is filed the judge shall fill the vacancy by appointing
a qualified elector of the county belonging to the same political party the incumbent commissioner represented at the time of his election or appointment. If the incumbent commissioner did not represent any political party at the time of his election or appointment the judge may appoint
any qualified person to fill the vacancy.

22
‑
5
‑
203
.

Nonpartisan offices; separate ballot; same time.

(c)

Candidates for the nonpartisan positions of
county commissioner,
county
clerk,
county
treasurer,
county
assessor,
county
coroner, sheriff, county and prosecuting attorney, district attorney and clerk of the district court
shall be nominated only by nonpartisan primary election.

22
‑
6
‑
125
.

Order of offices and ballot propositions on nonpartisan ballots.

(a)

The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:

(vi)

Candidates for county commissioner,
county
clerk,
county
treasurer,
county
assessor,
county
coroner, sheriff, county and prosecuting attorney, district attorney and clerk of the district court
;

(vi)
(vii)

Candidates for municipal offices;

(vii)
(viii)

Candidates for community college trustees;

(viii)
(ix)

Candidates for school board trustees;

(ix)
(x)

Candidates for special district directors;

(x)
(xi)

Candidates for other offices of county subdivisions;

(xi)
(xii)

Constitutional amendments;

(xii)
(xiii)

Initiative propositions;

(xiii)
(xiv)

Referendum propositions;

(xiv)
(xv)

Other ballot propositions.

22
‑
6
‑
126
.

Form of nonpartisan ballots.

(c)

The official nonpartisan ballot for a general election shall be printed in substantially the following form:

(i)

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

(ii)

On the first line shall be printed the name of the county in which the ballot is used, the date of the
election and blank lines for entry of the election district and precinct number;

(i
ii
)

Candidates for the different offices shall be arranged in separate groups
as provided
by
W.S. 22
‑
6
‑
119(
a)(iv)
;

(iv)

Following
all offices shall be printed
any
ballot proposition in accordance with W.S. 22
‑
6
‑
124. Fo
llowing the offices of
justices of the
supreme court
, judges of the district court, circuit court judges and magistrates
shall be printed
: "Shall Justice
/
Judge
/
Magistrate
....
be retained in office?";

(
v
)

Except for justices of the supreme court, judges of the district court, circuit court judges and magistrates, b
elow the
list
of candidates
in each group
shall be printed blank lines for write
‑
in candidates equal in number to the
number of persons to be elected;

(
v
i
)

Adjacent
to the name of each candidate
and blank line
s
shall be printed a square for marking the vote. No square shal
l appear at the top of a column
.

22
‑
18
‑
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
‑
5
‑
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:

(ii)

If a vacancy occurs in a county elective office, except as provided in W.S. 18
‑
3
‑
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
‑
6
‑
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 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) 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 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;

(vi)

If
the county commissioners fail to fill any vacancy as required in this section within the time specified, any qualified elector of the county may file a petition with the clerk of the district court of the county in which the vacancy occurred requesting the judge of the district court to fill the vacancy. Within thirty (30) days after the petition is filed the judge shall fill the vacancy by appointing
a qualified elector of the county belonging to the same political party as the incumbent represented at the time of his election under W.S. 22
‑
6
‑
120(a)(vii), or at the time of his appointment if not elected to office. If the incumbent did not represent any political party at the time of his election or at the time of his appointment if not elected to office, the judge may appoint
any qualified elector to fill the vacancy.

Section 2
.

W.S. 18
‑
3
‑
524(
a)(i)
and (d),

22
‑
4
‑
304(b),
22
‑
5
‑
304(b),

22
‑
6
‑
117(a)(ix)
and
22
‑
6
‑
126(a)
are repealed
.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
SF0130