Read the full stored bill text
21LSO-0509
2021
STATE OF WYOMING
21LSO-0509
Introduced
2.0
SENATE FILE NO. SF0145
Election runoffs.
Sponsored by: Senator(s) Biteman, Boner and Salazar and Representative(s) Hunt, Jennings and Zwonitzer
A BILL
for
AN ACT relating to elections; requiring a runoff election after a primary election for specified offices when no candidate receives a majority of the vote; changing the date for primary elections; amending related dates; making conforming changes; authorizing a report; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 22
‑
5
‑
601 is created to read:
ARTICLE 6
RUNOFF ELECTIONS
22
‑
5
‑
601.
Runoff elections for nominations.
(a)
For nominations for governor, secretary of state, state treasurer, state auditor, state superintendent of public instruction, candidate for the state legislature and any federal office, a runoff election shall be held with respect to that nomination if no candidate receives in excess of fifty percent (50%) of those voting on the respective partisan primary ballot.
The candidates in the runoff election shall be the two (2) candidates who received the highest number of votes in their respective partisan primary election except:
(i)
If more than two (2) candidates in a partisan primary election tie for the highest number of votes in the primary election, the state canvassing board shall cast lots to determine which two (2) shall be runoff election candidates; or
(ii)
If two (2) or more candidates in a partisan primary election tie for the second highest number of votes
in the primary election, the state canvassing board shall cast lots to determine who shall be the second candidate in the runoff election.
(b)
Notwithstanding W.S. 22
‑
5
‑
401, if any candidate eligible to be in a runoff election withdraws, dies or is determined ineligible, the remaining two (2) candidates receiving the highest number of votes in accordance with subsection (a) of this section shall be the candidates in the runoff election.
(c)
If required under this section, runoff elections shall be held on the first Tuesday after the third Monday in August in general election years.
(d)
Notwithstanding W.S. 22
‑
5
‑
215 or any other provision of this election code, voting for a write
‑
in candidate shall not be permitted in a runoff election under this section.
(e)
To the extent this section conflicts with other sections of this Election Code, this section shall apply.
Section 2.
W.S. 22
‑
2
‑
101(a)(ii), 22
‑
2
‑
104(b) and (d), 22
‑
2
‑
108, 22
‑
2
‑
109(a) and by creating a new subsection (d), 22
‑
3
‑
102(a)(intro) and by creating a new subsection (f), 22
‑
3
‑
109(a), 22
‑
4
‑
402(a) and (e), 22
‑
5
‑
209, 22
‑
5
‑
215, 22
‑
5
‑
219(a), 22
‑
6
‑
101, 22
‑
8
‑
101(a), (b) and (d), 22
‑
8
‑
116, 22
‑
21
‑
103, 22
‑
21
‑
104 and 22
‑
29
‑
110(a) and (b) are amended to read:
22
‑
2
‑
101.
Applicability and construction of Election Code generally.
(a)
Chapters 1 through 28 of this Election Code apply to the following elections:
(ii)
Primary elections
and runoff elections under W.S. 22
‑
5
‑
601
;
22
‑
2
‑
104.
Election dates.
(b)
A primary election shall be held at the regular polling places for each precinct on the first Tuesday after
the
third
first
Monday in
August
May
in general election years for the nomination of candidates for partisan and nonpartisan offices to be filled at the succeeding general election and for the election of major party precinct committeemen and committeewomen.
If required under W.S. 22
‑
5
‑
601, a runoff election shall be held at the regular polling places for each necessary precinct on the first Tuesday after the third Monday in August in general election years.
(d)
Every bond election shall be held on the same day as a primary election or a general election, or on the first Tuesday after the first Monday in May or November
.
, or on the first Tuesday after the third Monday in August.
22
‑
2
‑
108.
Secretary of state to certify officers to be elected.
Between
the twenty
‑
fourth day of April and the third day of May
February 1 and February 10
in each general election year, the secretary of state shall transmit to the county clerk of each county a certified list stating what
officers, other than county and precinct officers, are to be nominated or elected at the election.
22
‑
2
‑
109.
County clerk to publish proclamation.
(a)
Between
one hundred one (101) and
ninety
‑
one (91)
and eighty
‑
one (81)
days before each primary 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 date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the filing deadline for the offices and the requirements for filing statements of campaign contributions and expenditures. The proclamation shall also include the aforementioned information regarding offices to be filled at the general election
, the date of any potential runoff election
and any other pertinent primary election information. In addition, the description of any ballot proposition submitted to the
voters of the state, a political subdivision thereof, county or other district shall be included.
(d)
Between twenty (20) and fifteen (15) days before any runoff election described by W.S. 22
‑
5
‑
601, the county clerk in each applicable county shall publish at least once in a newspaper of general circulation in the county and post conspicuously in at least three (3) public places in each municipality a proclamation setting forth the date of the runoff election and the offices to be filled at the election, including the terms of the offices.
22
‑
3
‑
102.
Qualifications; temporary registration.
(a)
Except as provided in subsection (f) of this section, a
person may register to vote not less than fourteen (14) days before an election, at any election specified in W.S. 22
‑
2
‑
101(a)(i) through (viii) or as provided by W.S. 22
‑
3
‑
117, who satisfies the following qualifications:
(f)
Only persons registered with a party affiliation to vote in the applicable partisan primary election, including those who registered at the polls at the primary election, may vote in the runoff election described in W.S. 22
‑
5
‑
601. No person shall change his party affiliation to vote in a runoff election from that under which the person was registered at the time of the primary election.
No person shall vote in a runoff election if the person no longer resides in the applicable jurisdiction at the time of the runoff election.
22
‑
3
‑
109.
Certification and transmittal of poll lists; posting of registry lists.
(a)
Not less than ten (10) days before any election, the county clerk shall certify and transmit to the officer in charge of each election at his request the necessary poll lists for the precincts or areas involved in the election. Not less than ten (10) days prior to the primary and general elections
and not less than five (5) days prior to a runoff election described in W.S. 22
‑
5
‑
601,
the county clerks shall
upon request
deliver
up to
three (3) poll
lists for each precinct in the county to the county chairman of each political party in the respective counties.
22
‑
4
‑
402.
Petition; form; validity.
(a)
Any group of persons desiring to form a new political party within this state shall file a petition with the secretary of state not later than
June
February
1 in any general election year in which the party seeks to qualify for the general election ballot.
(e)
The petition shall be circulated no earlier than
April
January
1 of the year preceding the general election.
22
‑
5
‑
209.
Time for filing nomination applications; certified list.
An application for nomination shall be filed not more than
ninety
‑
six (96)
eighty (80)
days and not later than
eighty
‑
one (81)
seventy
‑
three (73)
days next preceding the primary election. Not later than sixty
‑
eight (68) days
before a primary election the secretary of state shall transmit to each county clerk a certified list of persons whose applications have been filed in the office of the secretary of state stating as to each his name, age, address, office sought and party affiliation.
22
‑
5
‑
215.
Nomination of partisan candidates and write
‑
in candidates.
Except as provided in W.S. 22
‑
5
‑
601, o
n 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 and shall be entitled to have their names printed on the ballot for the next general election. A write
‑
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 twenty
‑
five (25) write
‑
in votes in the primary election and is a registered voter in the political party for which he was nominated on the day of the primary election. 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.
22
‑
5
‑
219.
Further action by nominees or elect not required; exception.
(a)
Candidates nominated and major party precinct committeemen and committeewomen elected at a primary
or runoff
election shall be deemed nominated or elected without further action
except as otherwise provided in W.S. 22
‑
5
‑
601
. In addition, each write
‑
in candidate nominated at a primary
or runoff
election shall comply with the provisions of W.S. 22
‑
16
‑
106.
22
‑
6
‑
101.
Certification of candidates nominated; printing of names.
Not less than sixty (60) days before each general election the secretary of state shall transmit to each county clerk under party headings a certified list of the name and address of each person nominated by primary
or runoff
election as indicated by the state canvass, the name of
each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought.
The names of these candidates shall be printed on the official ballot of the general election.
22
‑
8
‑
101.
Notice of election officials needed; county chairmen to submit list of names; municipal clerks list of names appointment.
(a)
Not later than the third Tuesday of
April
February
in each general election year, each county clerk shall notify the county chairmen of the major and minor political parties in the county of the number of election judges and counting board members and alternates needed for the ensuing two (2) year term.
(b)
Not later than the third Tuesday of
May
March
in each general election year the county chairman of each major and minor political party in each county may certify to the county clerk a list of registered electors residing in the county and affiliated with the party, and a list of
persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, who are willing to serve as a judge of election or as a member of a counting board.
(d)
Not later than
June 30
March 31
, the county clerk on each general election year shall appoint judges of election and counting boards and alternates from lists submitted by the county chairmen of the major and minor political parties.
22
‑
8
‑
116.
Compensation.
Judges of election and members of counting boards shall be compensated for services at a rate to be determined by the board of county commissioners at the
June
April
meeting and stated on the notice sent to each nominee. The rate shall be not less than the state minimum wage. Compensation shall begin one (1) hour before a member assumes his duties. The election official who delivers the returns shall receive additional compensation for necessary travel beyond ten (10) miles at the rate authorized for county employees. If
a flat rate is paid, said sum shall not be less than the state hourly minimum wage multiplied by the number of hours the polls are open plus one (1) hour.
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.
Not less than one hundred ten (110) days before a bond election, the political subdivision shall provide written notification to the county clerk specifying the date of the election and the bond question. 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, the county clerk shall publish notice of the election at least once in a newspaper of general circulation in the political subdivision. If there is no newspaper of general circulation in the political subdivision, notice shall be posted at each polling place in the political subdivision 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
‑
110.
County clerk to publish proclamation; filing period.
(a)
Between
one hundred one (101) and ninety
‑
one (91) days before an organizational election held in conjunction with a primary or other August election, between
ninety (90) and seventy (70) days before an organizational election held in conjunction with a May, general, November or mail ballot election held at any other time, 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)
Between
ninety
‑
six (96) and eighty
‑
one (81) days before a formation election held in conjunction with a primary or other August election, between
ninety (90) and seventy (70) days before a formation election held in conjunction with a May, general, November or mail ballot election held at any other time, 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
Section 3.
The secretary of state's office and Wyoming county clerks shall confer on the scheduling of primary elections and other timelines required by this act. On or before September 1, 2021, the secretary of state's office and any Wyoming county clerk may report a recommendation to the joint corporations, elections and political subdivisions interim committee concerning the scheduling of primary elections and other time lines specified by this act. The joint corporations, elections
and political subdivisions interim committee shall consider any recommendation received and if any primary election date or other time requirement specified by this act is inadvisable the committee shall propose an amendment to the date or time requirement during the 2022 budget session.
Section 4.
(a)
Except as provided in subsection (b) of this section, this 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.
(b)
Sections 1 and 2 of
this act are effective July 1, 2022
.
(END)
1
SF0145