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HB0163 • 2021

Federal congressional elections-residency.

AN ACT relating to elections; modifying the definition of "residence" for purposes of elections of and candidates for the offices of United States senator and member of congress; modifying nomination application requirements and affirmations accordingly; and providing for an effective date.

Elections
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative MacGuire
Last action
2021-04-21
Official status
enrolled
Effective date
7/1/2021

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or penalties.

Federal Congressional Elections Residency Act

This law changes how candidates for U.S. Senate and Representative must prove they live in Wyoming when running for office.

What This Bill Does

  • Changes the definition of 'residence' for people who want to run for U.S. Senate or House from Wyoming.
  • Requires these candidates to swear that they are not claiming residency in another state.
  • Updates forms used by candidates when applying for nomination or election.

Who It Names or Affects

  • Candidates who want to run for U.S. Senate or House in Wyoming

Terms To Know

Residence
The place where a person actually lives and has their home.

Limits and Unknowns

  • It is unclear how this will be enforced or what happens if someone breaks the rule.
  • Does not specify penalties for breaking these new requirements.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0163S2001

2nd reading • Senator Perkins

Corrected, Adopted

Plain English: The amendment changes the definition of 'residence' for federal congressional elections by removing certain benefits associated with living near the U.S. capital.

  • Adds language to exclude residency benefits related to or coming from having a home near the United States Capitol when determining eligibility for federal office candidacy and voting rights.
  • The exact nature of the excluded benefits is not specified, making it unclear what specific advantages are being removed.
HB0163SS001

Standing Committee • Senate Corporations, Elections & Political Subdivi

Adopted

Plain English: The amendment changes the wording in three places of HB0163 to replace 'receive' with 'or receive', and removes instances where 'received' is mentioned.

  • Replaces 'receive,' with 'or receive' on page 2, line 17.
  • Removes 'received,' from page 4, line 15.
  • Adds 'received' after 'or' on page 6, lines 18.
  • The exact impact of these changes is not fully explained in the provided amendment text and may require further context to understand completely.

Bill History

  1. 2021-04-21 LSO

    Assigned Chapter Number 167

  2. 2021-04-21 Wyoming Legislature

    Became Law without Signature

  3. 2021-04-06 Senate

    S President Signed HEA No. 0080

  4. 2021-04-06 House

    H Speaker Signed HEA No. 0080

  5. 2021-04-06 LSO

    Assigned Number HEA No. 0080

  6. 2021-04-06 House

    H Concur:Passed 57-0-3-0-0

  7. 2021-04-06 House

    H Received for Concurrence

  8. 2021-04-02 Senate

    S 3rd Reading:Passed 28-0-2-0-0

  9. 2021-04-02 Senate

    S 2nd Reading:Passed

  10. 2021-04-01 Senate

    S COW:Passed

  11. 2021-03-31 Senate

    S COW:Laid Back

  12. 2021-03-30 Senate

    S Placed on General File

  13. 2021-03-30 Senate

    S07 - Corporations:Recommend Amend and Do Pass 5-0-0-0-0

  14. 2021-03-18 Senate

    S Introduced and Referred to S07 - Corporations

  15. 2021-03-17 Senate

    S Received for Introduction

  16. 2021-03-17 House

    H 3rd Reading:Passed 58-2-0-0-0

  17. 2021-03-12 House

    H 2nd Reading:Passed

  18. 2021-03-11 House

    H COW:Passed

  19. 2021-03-05 House

    H Placed on General File

  20. 2021-03-05 House

    H07 - Corporations:Recommend Do Pass 9-0-0-0-0

  21. 2021-03-03 House

    H Introduced and Referred to H07 - Corporations

  22. 2021-03-01 House

    H Received for Introduction

  23. 2021-02-27 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0546
Bill No.:

HB0163

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0546

Enrolled Act No.:

HEA No. 0080

Chapter No.:

167

Prime Sponsor:

MacGuire

Catch Title:

Federal congressional elections-residency.

Subject:

Amending application requirements for candidates seeking election to the United States Congress.

Summary/Major Elements:

This act requires that persons who are knowingly seeking nomination or election as a United States Representative or United States Senator cannot claim or currently be claiming any residence from another state and cannot receive the benefits of residency from any other state, except those incidental or related to maintaining a residence near the capital of the United States.

The act requires persons seeking nomination or election to the federal Congress to swear or affirm that they are not claiming residency in another state and that they are not receiving the benefits of residency from another state at the time of knowingly seeking nomination or election to that office.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
21LSO-0546

ORIGINAL House

ENGROSSED
Bill No
.
HB0163

ENROLLED ACT NO. 80,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to elections; modifying the definition of "residence" for purposes of elections of and candidates for the offices of United States senator and member of congress; modifying nomination application requirements and affirmations accordingly; and providing for an effective date.

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

Section 1
.

W.S. 22
‑
1
‑
102(a)(xxx) by creating a new subparagraph (G), 22
‑
5
‑
204(b)(iii) and 22
‑
5
‑
301(a) are amended to read:

22
‑
1
‑
102.

Definitions.

(a)

The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:

(xxx)

"Residence" is the place of a person's actual habitation. The construction of this term shall be governed by the following rules:

(G)

Candidates seeking election to the office of United States senator or representative in congress shall not, at the time of knowingly seeking nomination or election as provided by paragraph (liii) of this subsection, claim or currently be claiming any residence or receive the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital.

22
‑
5
‑
204.

Application for nomination or election; party registration; form.

(b)

An eligible person seeking nomination or election for a partisan office shall:

(iii)

File an application in substantially the following form:

APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY

State of Wyoming

)

)

ss

County of ....

)

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. ...., residing at ...., in County of ...., (if for the office of state senator or representative) in Senate (House) District ...., state of Wyoming, and registered as a member of .... party, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and I hereby request that my name be printed upon the official party ballot at the next primary election as a candidate for the office of ...., and hereby declare that if nominated and elected, I will qualify for the office.

(If for the office of United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital.

(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)

22
‑
5
‑
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. ...., 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 United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital.

(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
‑
5
‑
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)

Section 2
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1