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20LSO-0194
2020
STATE OF WYOMING
20LSO-0194
Numbered
2.0
HOUSE BILL NO. HB0183
Municipal elections-political parties.
Sponsored by: Representative(s) Loucks and Harshman and Senator(s) Bebout
A BILL
for
AN ACT relating to elections; providing for partisan municipal elections; making conforming amendments; requiring a legislative committee study; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 15
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1
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107(c), 22
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4
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304(b) and (c), 22
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5
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301(a), 22
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5
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304(c), 22
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6
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117(a) by creating a new paragraph (xi) and renumbering (xi) as (xii), 22
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23
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102, 22
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23
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202(a)(v)(B), 22
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23
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301, 22
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23
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302, 22
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23
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304, 22
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23
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307(a), 22
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23
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308(b), 22
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23
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401 and 22
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23
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902(a) are amended to read:
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1
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107.
Vacancies in offices; grounds; how filled.
(c)
If a vacancy is determined to exist, the governing body shall appoint an eligible person
from the same political party that the incumbent represented
to the office who shall serve until his successor is elected at the next general municipal election and qualified. If the entire council is vacant, the district judge for the district in which the city or town is located shall appoint a person
from the same political party that each incumbent represented
to fill each vacancy and serve until the next general municipal election at which time a successor shall be elected to fill the unexpired portion of each term.
22
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4
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304.
Certification of candidates; fees.
(b)
The chairman and secretary of the state or county political convention shall certify
:
(i)
T
o the county clerk the names of its party's nominees for elected county offices and office of the district attorney
;
(ii)
To the municipal clerk and county clerk the names of its party's nominees for elected municipal offices
.
(c)
The names certified to the secretary of state
, the municipal clerk
or the county clerk shall be filed no later than the day before the primary election.
22
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5
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301.
Independent partisan candidates; form.
(a)
Independent candidates for partisan public offices may be nominated by filing a signed petition in substantially the following form:
PETITION FOR NOMINATION
I, ...., swear or affirm that I was born on ...., ....(year), that I have been a resident of the State of Wyoming since ...., and that I am a registered voter of Election District No. ...., in
Precinct No. ....,
(if for municipal office) in Ward No. ...., (if applicable) in the City of ....,
County of ...., residing at ...., (if for the office of state senator or representative, commissioner or
other district office) in Senate (House) (Commissioner or other) District ...., State of Wyoming, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and having obtained the number of signatures required by law for nomination by petition, I hereby request that my name be printed on the official ballot at the next general election as an independent candidate for the office of .... and declare that if nominated and elected, I will qualify for the office.
(If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years:
(Residence) (Date)
1.
2.
Dated the .... day of ...., ....(year).
....................... (Signature)
The eligible, registered electors supporting my nomination, and numbering not less than the number required under W.S. 22
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5
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304, are as follows:
(Signature) (Printed Name) (Residence) (Date)
1.
2.
VERIFICATION BY 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)
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304.
Qualifications and number of signers required.
(c)
For a
municipal or
district partisan election, a petition shall be signed by registered electors, resident in the
ward, municipality or
district and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for the office in that particular
ward, municipality or
district in the last general election. If a
ward's municipality's or
district's boundaries have changed since the last general election, then the required number of petition signatures shall not be less than two percent (2%) of the number of registered voters in the current
ward, municipality or
district boundaries at the close of day on the day immediately preceding the primary election.
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117.
Order of listing offices in partisan elections.
(a)
The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:
(xi)
Candidates for municipal offices;
(xi)
(xii)
Candidates for precinct offices.
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102.
Qualifications of municipal officers.
All municipal offices are
nonpartisan
partisan
, and municipal officers shall be qualified electors residing in the municipality and any ward established under W.S. 22
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23
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103 or 15
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11
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105(b).
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23
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202.
Optional mode of election for towns; procedures by charter ordinance.
(a)
Any municipality may, by charter ordinance enacted pursuant to article 13, section 1(c) of the Wyoming constitution, elect not to conduct its elections for office or for municipal ballot propositions in the same manner as
statewide elections, in which case the charter ordinance shall at a minimum provide:
(v)
That the municipal clerk is responsible for:
(B)
Preparing the ballots in substantially the same form as the general election
nonpartisan
ballot
for municipal officers and as prescribed by law for municipal ballot propositions
;
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301.
Municipal officers.
All candidates for municipal office shall be nominated at the municipal primary election.
In order to
To
be eligible, a candidate must be a
registered
voter
registered in the party whose nomination the candidate seeks
and a resident of the municipality and ward
which he
that the candidate
seeks to represent on the day the petition is filed
,
and shall not be an employee of the municipality. As used in this section, the term "employee" includes only those persons receiving an hourly wage or salary from a municipality. A person who provides volunteer services to a municipality shall not be considered an "employee" under
this section based solely upon coverage under the Wyoming Worker's Compensation Act or other pension, death or disability program.
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302.
Filing fee; application form.
Not more than ninety
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six (96) days and not later than eighty
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one (81) days preceding the municipal primary election, each candidate for a municipal office shall pay a nonrefundable filing fee of twenty
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five dollars ($25.00) and sign and file with the municipal clerk an application in substantially the following form:
State of Wyoming )
) ss
County of .... )
I, ...., the undersigned, swear or affirm that I was born on ...., ....(year), and that I have been a resident of the State of Wyoming since ...., residing at ...., and that I am a registered voter of Election District No. ....,
Precinct No. ...., in Ward No. ...., in the City of ...., and the State of Wyoming
and registered as a member of .... party
as of the closing of the municipal clerk's office on the day this application is filed, do hereby petition and request that my name be printed upon the Official Municipal Primary Ballot at the next primary election as a candidate for the office of ..... I hereby declare that if nominated and elected I will qualify for the office.
Dated: ......
.............(Signature of Candidate)
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304.
Ballot form.
The county clerk shall prepare the municipal primary ballot as provided in chapter 6 of this title for
nonpartisan
primary
ballots.
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23
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307.
Candidates nominated; certificate of nomination.
(a)
The candidates equal to twice the number to be elected to each office who receive the highest number of votes are nominated to run for the office at the next general election and
On each party ballot the candidate or candidates equal in number to the number to be elected to each office who receive the largest number of votes shall be nominated,
shall be issued a certificate of nomination by the county clerk
and shall be entitled to have their names printed on the ballot for the next general election
. A write
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in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least three (3) votes.
An unsuccessful candidate for office at a primary election whose name is printed on any party ballot may not accept nomination for the same office at the next general election.
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308.
Vacancies in nomination.
(b)
A vacancy in nomination shall be filled by the municipal clerk notifying the person who received the next highest number of votes at the municipal primary election as shown on the official county canvass, or, if no other
candidate exists, the vacancy in nomination may be filled
from the same political party that the previous office holder represented
by the governing body of the municipality.
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401.
Preparation of ballots; cost.
For the municipal general election t
he county clerk shall prepare ballots
which
that for municipal officers
shall be in substantially the same form as the general election
nonpartisan
ballot
for the municipal general election
and for municipal ballot propositions shall be as prescribed by law
. The name of every candidate legally qualified to appear on the ballot and all municipal ballot propositions to be voted on at the election shall be printed thereon. The cost of preparing the municipal ballots shall be determined by the county clerk and paid by the municipality.
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902.
Application; filing fee; form; names on ballot.
(a)
Candidates for office shall file an application for election and the required filing fee, with the county clerk, not more than fifty
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five (55) nor less than thirty
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five (35) days prior to the election. The election application shall be in substantially the following form:
ELECTION APPLICATION
State of Wyoming )
) ss
County of .... )
I, ...., being .... years of age, a qualified elector of Election District No. ...., Precinct No. ...., Ward No. .... (if applicable), residing at ...., in the City of ...., State of Wyoming
and registered as a member of .... party
, do hereby request that my name be printed upon the Official Special Municipal Election Ballot for the special election to be held on ...., ....(year), in the City of ...., as a candidate for the office of .... . I hereby declare that if elected I will qualify for the office.
Dated the .... day of ...., ....(year)
.... (Signature of Candidate)
Section 2
.
W.S. 22
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6
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125(a)(vi) is
repealed
.
Section 3.
(a)
The joint corporations, elections and political subdivisions interim committee shall hold one (1) or more public hearings on the changes made by this act and develop legislative recommendations relating to:
(i)
The need to allow nonpartisan election of municipal officers in smaller municipalities; and
(ii)
Any other conforming statutory changes needed to implement this act.
Section 4
.
This act is effective July 1, 2020
.
(END)
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HB0183