Elections-notices and resolutions.

ORIGINAL
Senate
File No
.
SF0046

ENROLLED ACT NO. 52,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to elections; amending various time requirements for proclamations and other election notices; authorizing formation of special hospital districts by county commissioner resolution and election as specified; amending the time for special districts candidate application filings; amending content requirements for general election proclamations; and providing for an effective date.

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

Section 1
.

W.S. 22
‑
2
‑
109(b), 22
‑
21
‑
103, 22
‑
21
‑
104, 22
‑
29
‑
109(f)
,
22
‑
29
‑
110(a) and (b)
and 35
‑
2
‑
401 by creating a new subsection (e)
are amended to read:

22
‑
2
‑
109
.

County clerk to publish proclamation.

(b)

Between
forty
‑
five (45)

ninety (90)
and
thirty
‑
five (35)

seventy (70)
days before each general election
,
the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk's office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the
following:

(i)

The

date of the election
;

(ii)

For any offices not previously included in the proclamation published pursuant to subsection (a) of this section
, the
offices

to be filled at the election

including the terms of the offices
,

and

the number of persons required by law to fill the offices
;
,

(iii)

T
he requirements for filing statements of campaign contributions and expenditures
, and

not previously included in the proclamation published pursuant to subsection (a) of this section
;

(iv)

A
ny other pertinent general election information
;
. In addition,

(v)

T
he legislative description of each proposed constitutional amendment
,
or other ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district
.
shall be included.

22
‑
21
‑
103
.

How bond question to be submitted to electors; contents.

Each bond question shall be submitted to a vote of the qualified electors of the political subdivision. Every bond election shall be held on the same day as a primary election or a general election, or on the Tuesday next following the first Monday in May or November, or on the Tuesday next following the third Monday in August.
If calling the election in May

Not less than one hundred ten (110) days before a
bond election
, the
body
political subdivision shall
by March 1,
provide written notification to the county clerk
,
specifying the date of the election and the bond question.
If the political subdivision specifies the date of the election to be a primary or general statewide or other August or November election, then the political subdivision shall provide notice to the county clerk not less than one hundred ten (110) days before the election if for a primary or other August election, and not less than seventy (70) days before the election, if for a general or other November election.
The
bond question shall state the purpose of the bonds, the maximum principal amount thereof, the maximum number of years allowed for the indebtedness and the maximum rate of interest to be paid thereon. The secretary of state may promulgate reasonable rules for conducting bond elections where the election is not held at the same time as the general or primary election.

22
‑
21
‑
104
.

Publication or posting of election notice; contents.

Between one hundred one (101) and ninety
‑
one (91) days before a bond election held in conjunction with a primary or other August election and between ninety (90) and seventy (70) days before a bond election held in conjunction with a
May,
general or
other
November election, t
he county clerk shall publish notice of the election at least once in a newspaper of general circulation in the political subdivision
.

not less than thirty (30) nor more than forty (40) days before the election.

If there is no newspaper of general circulation in the political subdivision, notice shall be posted at each polling place in the political subdivision
not less than thirty (30) nor more than forty (40)

between ninety (90) and seventy (70)
days before the election. Any notice of election hereunder shall specify the name of the political subdivision, the date, time and place of election, the question or questions to be submitted, and the fact that only qualified electors of the political subdivision may vote thereon. If a bond election is being held within a political subdivision at the same time and place as a regular or other election, the notice of bond election may, at the discretion of the county clerk, be combined with and given in the same manner as the notice of the regular or other election in such political subdivision.

22
‑
29
‑
109
.

County commissioners' action on formation petition.

(f)

If the county commissioners approve the petition for formation, as presented or as modified, the county commissioners shall enter an order declaring its approval. The order shall set forth the name of the proposed district and a description of the boundaries. Upon the entering of this order, the commissioners shall direct that the question of formation of the district and the election of the initial directors be submitted to the electors of the proposed district to be held in their respective counties by mail ballot or on the next election date authorized under W.S. 22
‑
21
‑
103 which is at least
sixty (60)

one hundred ten (110)
days after the expiration of the thirty (30) day period described in subsection (e) of this section.

22
‑
29
‑
110
.

County clerk to publish proclamation; filing period.

(a)

Not more than fifty (50) and not less than forty (40)

Between one hundred one (101) and ninety
‑
one (91)

days
,
before
the

an
organizational election

held in conjunction with a primary or other August election and between ninety (90) and seventy (70) days before an organizational election held in conjunction with a
May,
general

or
other
November election
, the county clerk shall publish at least once in a newspaper of general circulation in each county in which all or part of the proposed district is situated a proclamation setting forth the date of the election, what county clerk is the filing officer, the question of formation, what offices are to be filled including the terms of the offices, the filing period for
the offices and other pertinent election information. Minor errors in the proclamation shall not invalidate the forthcoming election.

(b)

Not more than thirty
‑
nine (39) and not less than thirty (30)

Between ninety
‑
six (96) and eighty
‑
one (81)
days before
the

a
formation election

held in conjunction with a primary or other August election and between ninety (90) and seventy (70) days before a formation election held in conjunction with a
May,
general
or other
November election
, candidates may file an application for election in the office of the county clerk. The principal act shall determine who is eligible to be a candidate. The application shall be in substantially the following form:

APPLICATION FOR ELECTION
SPECIAL DISTRICT DIRECTOR

I, the undersigned, swear or affirm that I was born on ...., (year); that I have been a resident of .... district since ...., residing at ....; that I am an elector or landowner (check which one for eligibility) of said district and I do hereby request that my name, ...., be printed on the ballot of the formation (or other) election to be held on .... day of ...., (year) as a candidate for the office of director for a term of .... years. I hereby declare that if I am elected, I will qualify for the office.

Dated ....
Signature of Candidate

35
‑
2
‑
401
.

Establishment of hospital district.

(e)

As an alternative to the procedures specified in subsection (d) of this section, a special hospital district may be established and subsequent elections held through the following procedures:

(i)

The board of county commissioners may, by resolution, submit the question of establishing the special hospital district to the electors of the proposed district at the next general election or another date as provided by W.S. 22
‑
2
‑
104. The board shall provide notice that it will consider the resolution at least thirty (30) days prior to the meeting at which the resolution will be considered. Notice of the election shall be given as required by W.S. 22
‑
29
‑
110;

(ii)

If a majority of the voters in the proposed district voting at the election specified in paragraph (i) of this subsection vote for the establishment of the district the board of county commissioners shall enter that fact upon its record and the district is established;

(iii)

Any subsequent election for a special hospital district established under this subsection shall be held as set forth in the Special District Elections Act of 1994.

Section 2.

Thi
s act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

1