Removal of political parties from elections.

22LSO-0448
2022
STATE OF WYOMING
22LSO-0448
Numbered
2.0

HOUSE BILL NO. HB0152

Removal of political parties from elections.

Sponsored by: Representative(s) Yin

A BILL

for

AN ACT relating to elections; providing for any voter to vote for any candidate at primary elections; modifying requirements for primary and general election ballots; amending definitions relating to qualifications of political parties; eliminating election of precinct committeemen and committeewomen at primary elections; modifying procedures for filling of vacancies as specified; requiring special elections as specified; requiring rulemaking; making conforming amendments; repealing and removing obsolete language; and providing for effective dates.

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

Section 1.

W.S. 22
‑
5
‑
404 is created to read:

22
‑
5
‑
404.

Vacancies in nomination.

(a)

A vacancy in nomination for an office to be filled at a general election occurs if prior to the general election a candidate nominated at a primary election declines to accept the nomination, dies, moves his residence from his constituency or becomes disqualified to hold the office for any reason provided by law.

(b)

A vacancy in nomination shall be filled by the
person who is qualified and who received the next highest number of votes at the primary election as shown on the official canvas
.

If no qualified candidate exists, the vacancy in nomination shall be filled by:

(i)

The state central committee of the political party of the former nominee for an office to be voted for by the electors of the entire state;

(ii)

The county central committee of the political party of the former nominee for an office to be voted for by the electors of a county or a subdivision thereof; or

(iii)

If the former nominee for any office did not indicate in the application whether he is a member of an existing political party as provided in W.S. 22
‑
5
‑
204(d), or if the former nominee was a write
‑
in candidate, the nomination shall remain vacant.

Section 2.

W.S. 9
‑
1
‑
212, 9
‑
1
‑
802(e), 18
‑
3
‑
524(d), 22
‑
1
‑
102(a)(xvii), (xviii), (xxv) and (liii)(A), 22
‑
2
‑
101(a)(iii), 22
‑
2
‑
104(b), 22
‑
2
‑
110(a), 22
‑
2
‑
111(a), 22
‑
2
‑
117(a), 22
‑
4
‑
101(b) and (e), 22
‑
4
‑
103, 22
‑
4
‑
406, 22
‑
5
‑
101, 22
‑
5
‑
102(a)(i), 22
‑
5
‑
204(b)(intro), (iii) and by creating a new subsection (d), 22
‑
5
‑
208(c), 22
‑
5
‑
209, 22
‑
5
‑
213, 22
‑
5
‑
215, 22
‑
5
‑
219(a), 22
‑
5
‑
220, 22
‑
6
‑
101, 22
‑
6
‑
112(a), 22
‑
6
‑
116, 22
‑
6
‑
117(a)(intro) and by creating new paragraphs (xii) through (xxiv), 22
‑
6
‑
119(a)(intro) and (i), 22
‑
6
‑
120(a)(vii), 22
‑
6
‑
123, 22
‑
6
‑
124, 22
‑
10
‑
101(a)(vii) and (x), 22
‑
10
‑
108(a), 22
‑
11
‑
103(a)(vii),
22
‑
11
‑
104(b)(iii), 22
‑
16
‑
103(c)(viii)(A), 22
‑
16
‑
121(a), 22
‑
18
‑
103, 22
‑
18
‑
105 through 22
‑
18
‑
109, 22
‑
18
‑
111(a)(intro), (iii)(intro) and (c)(i), 22
‑
20
‑
107, 22
‑
23
‑
103(c)(i), 22
‑
23
‑
202(a)(v)(B), 22
‑
23
‑
304, 22
‑
23
‑
401, 22
‑
25
‑
102(c)(i)(B) and (ii)(B) and 28
‑
1
‑
106 are amended to read:

9
‑
1
‑
212.

Vacancy in office of governor; term of successor; when election held to fill unexpired term; term of person elected.

Whenever the powers and duties of the office of the governor of the state of Wyoming devolve upon any other person as provided in W.S. 9
‑
1
‑
211(a), the person acting as governor shall continue to act as governor until the end of the term of the governor if the office is assumed less than sixty (60) days before the next general election. If the office is assumed more than sixty (60) days before a general election the person acting as governor shall
issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election, and
the election, together with the returns and canvass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board canvasses the vote of the election and declares a person at the election to be elected as governor, the person
call for a special election as provided in W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109. The candidate issued a certificate of election pursuant to W.S. 22
‑
18
‑
109
shall, within thirty (30) days after the
canvass
issuance of the certificate
, or as soon thereafter as possible, qualify and assume the duties and powers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of the governor.

9
‑
1
‑
802.

Election; term; qualifications; full
‑
time; private practice prohibited; exception; salary; vacancies.

(e)

A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S.
22
‑
18
‑
111
22
‑
18
‑
111(a)(iii)(A)
through (D)
. Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.

18
‑
3
‑
524.

Appointments to fill vacancies; term.

(d)

For purposes of this section a person shall be considered to "represent" a political party if
he was a nominee of that political party
the person's party affiliation was indicated as provided in W.S. 22
‑
5
‑
204(d) or 22
‑
6
‑
120(a)(vii)
when elected to office or
when
if the person was
appointed to fill a vacancy in office
of a person whose party affiliation was indicated as provided in W.S. 22
‑
5
‑
204(d) or 22
‑
6
‑
120(a)(vii)
.

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:

(xvii)

"Major political party" means a political organization whose candidate for any one (1) of the offices of the
United States president,
United States house of representatives, governor or secretary of state, received not less than ten percent (10%) of the total votes cast for that office in
either of
the
two (2)
most recent general
election
elections in the state
;

(xviii)

"Minor political party" means a political organization whose candidate for any one (1) of the offices of the
United States president,
United States house of representatives, governor or secretary of state, received not less than two percent (2%) nor more than ten percent (10%) of the total votes cast for that office in
either of
the
two (2)
most recent general
election
elections in the state
;

(xxv)

"Provisional party" means a political organization which has filed a legally valid petition as provided under article 4 of chapter 4 of this code.

The filing of a legally valid petition entitles the provisional
party to participate in the next general election.

If the provisional party's candidate for any one (1) of the offices of the
United States president,
United States house of representatives, governor or secretary of state, receives not less than two percent (2%) of the total votes cast for that office in that election
in the state
, the provisional party does not lose party status;

(liii)

"Candidate" means any person who knowingly seeks nomination or election to public office by:

(A)

Filing an application for nomination by primary election
, nomination by

or
political party convention
;
or by petition for nomination;

22
‑
2
‑
101.

Applicability and construction of Election Code generally.

(a)

Chapters 1 through 28 of this Election Code apply to the following elections:

(iii)

Special elections to fill vacancies
in the office of representative in congress
under W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109, provided that the provisions of W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109 shall control if inconsistent with chapters 1 through 28 of this Election Code
;

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 Monday in August 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.

22
‑
2
‑
110.

Computing periods of time.

(a)

Except for special elections to fill vacancies
for a congressman
under W.S.
22
‑
18
‑
105
22
‑
18
‑
103
through 22
‑
18
‑
109, periods of time are computed by excluding the specific day and counting the prescribed number of days,
including Saturdays, Sundays and full legal holidays. If the first day of a time period falls on a Saturday, Sunday or full legal holiday, the preceding day which is not a Saturday, Sunday or full legal holiday shall be used. If the last day of a time period falls on a Saturday, Sunday or full legal holiday, the next day which is not a Saturday, Sunday or full legal holiday shall be used.

All days, except the specific day, but including the last day, shall be used to compute the time limits established under W.S.
22
‑
18
‑
105
22
‑
18
‑
103
through 22
‑
18
‑
109 unless the last day of a time period falls on a Saturday, Sunday or full legal holiday in which case the next day which is not a Saturday, Sunday or full legal holiday shall be used.

22
‑
2
‑
111.

Employees time off to vote.

(a)

Any person entitled to vote at any primary or general election or special election to fill a vacancy
in the office of representatives in the congress of the United States
under W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109
is, on the day of such election, entitled to absent himself from any service or employment in which he is then engaged or
employed for a period of one (1) hour, other than meal hours, the hour being at the convenience of the employer, between the time of opening and closing of the polls. Such elector shall not, because of so absenting himself, lose any pay, providing he actually casts his legal vote.

22
‑
2
‑
117.

Vote required for election; ratification.

(a)

Partisan and nonpartisan
C
andidates who receive the largest number of votes for each office to be filled at the general election are elected.

22
‑
4
‑
101.

Application; composition, election and qualifications of county central committees.

(b)

The county central committee of each political party consists of precinct committeemen and committeewomen elected in
the county at the regular biennial primary election
accordance with the party bylaws, which shall comply with this chapter
.

Except as provided in subsection (c) of this section, each political party in each precinct shall elect one (1) committeeman and one (1) committeewoman
for each two hundred fifty (250) votes or major fraction thereof cast for the party's candidate for representative in congress in the last general election, but provided that no precinct shall be entitled to less than one (1) precinct committeeman and precinct committeewoman. Precinct committeemen and committeewomen shall be electors registered in the party and resident in the precinct.
If a precinct boundary line is changed for any reason, the county commissioners shall determine the number of precinct committeemen and committeewomen to which the affected precinct is entitled.

(e)

The term of office for all precinct committeemen and committeewomen shall be two (2) years and shall begin
on the first Monday in January of the year following their election
as provided
in the party bylaws
.

22
‑
4
‑
103.

County central committee vacancies.

A vacancy in the county central committee shall occur in the case of death, resignation, failure of a qualified candidate to be elected to a precinct committeeman or
committeewoman position, or removal of residence from the precinct.
A vacancy
in a county central committee
shall be
determined and
filled
by the county central committee by election of a registered elector resident in the precinct in which the vacancy exists and registered in the party or
as provided by the party bylaws.

22
‑
4
‑
406.

Officers and nominating procedures.

A provisional party shall be subject to W.S. 22
‑
4
‑
302 through 22
‑
4
‑
307.

Under no circumstances shall a provisional party nominate by the primary election process.

22
‑
5
‑
101.

How candidates nominated.

Nominations of candidates for all offices filled at a general election, except school and community college district offices and special district offices,
may
shall
be made by primary election
.
, by petition for nomination as an independent candidate as provided in W.S. 22
‑
5
‑
301 through 22
‑
5
‑
308 or by convention as provided in W.S. 22
‑
4
‑
303 and 22
‑
4
‑
406.

22
‑
5
‑
102.

Eligibility to be a candidate for state legislature; residency.

(a)

For the purpose of meeting residency requirements of the Wyoming constitution, a person shall not be a candidate for the state legislature from a legislative district unless he has been a resident of that legislative district for at least one (1) year next preceding his election. In any general election year in which a plan of legislative districts is required but has not been enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for the state legislature from a legislative district if he:

(i)

Is a resident of the legislative district on the date he files an application under W.S. 22
‑
5
‑
204
;

or a petition under W.S. 22
‑
5
‑
301;
and

22
‑
5
‑
204.

Application for nomination or election; form.

(b)

An eligible person seeking nomination or election for
a partisan
office shall
satisfy all of the following
:

(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.

(If the applicant desires to list party affiliation pursuant to W.S. 22
‑
5
‑
204(d)) I swear and affirm that I am registered as a member of the .... party.

Dated the .... day of ...., ....(year).

.....................(Signature)
............ (Residence Address)

(d)

An applicant for partisan office may indicate in the application whether he is a member of an existing qualified political party and whether the applicant desires to have that membership indicated on the ballot.

22
‑
5
‑
208.

Filing fees; exception.

(c)

A filing fee shall not be required of candidates for special district director, school district trustee
,

or
community college trustee
.
, precinct committeeman or precinct committeewoman.

22
‑
5
‑
209.

Time for filing nomination applications; certified list; names on ballot.

An application for nomination shall be filed not more than ninety
‑
six (96) days and not later than eighty
‑
one (81) 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

if declared
.

22
‑
5
‑
213.

Entry in pollbook.

The judges of election shall check or enter in the pollbook the name of each elector voting in the primary election and his party affiliation, if declared.
An elector voting only a nonpartisan ballot shall be entered in the pollbook as an unaffiliated voter.

22
‑
5
‑
215.

Nomination of candidates and write
‑
in candidates.

On each
party
ballot the candidate or candidates equal in number to
twice
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
the candidate's name was written by the electors on
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
ballots for the office
. 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 not required; exception.

(a)

Candidates nominated
and major party precinct committeemen and committeewomen elected
at a primary election shall be deemed nominated
or elected
without further action. In addition, each write
‑
in candidate nominated at a primary election shall comply with the provisions of W.S. 22
‑
16
‑
106.

22
‑
5
‑
220.

Withdrawal of nomination application restricted.

A candidate may withdraw a nomination application prior to the primary election only by filing a written withdrawal in the filing office in which he filed his application for nomination.

If a candidate withdraws after the
party
ballots are finalized and approved for printing by a county clerk in any county where the candidate's name will appear on the
party
ballot, the county clerk shall not be required to remove the candidate's name from the
party
ballot, but shall post a notice at each polling place announcing that the named candidate has withdrawn from nomination for the office designated.

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 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
‑
6
‑
112.

Name to appear only once.

(a)

No candidate's name shall appear on the
partisan
ballot more than once
.
, except that of a candidate for the office of precinct committeeman or committeewoman, who may also seek the office of president or vice president of the United States or another office on the same partisan primary ballot.

22
‑
6
‑
116.

Printing type size and candidate names.

On official ballots the
political party name or title shall be printed in capital letters not less than one
‑
eighth (1/8) inch nor more than one
‑
fourth (1/4) of an inch in height.

The
names of all candidates shall be printed in the same size letters not less than one
‑
eighth (1/8) inch nor more than one
‑
fourth (1/4) of an inch in height.

The name of each political party
, if declared,
shall be printed
next to the candidate's name
in the same type size as that of every other political party.

22
‑
6
‑
117.

Order of listing offices.

(a)

The
major party
primary and general
partisan
election ballots shall contain the offices
and ballot propositions
to be voted on in the following order:

(xii)

Retention of justices of the supreme court;

(xiii)

Retention of district court judges;

(xiv)

Retention of circuit court judges;

(xv)

Retention of magistrates;

(xvi)

Candidates for municipal offices;

(xvii)

Candidates for community college trustees;

(xviii)

Candidates for school board trustees;

(xix)

Candidates for special district directors;

(xx)

Candidates for other offices of county subdivisions;

(xxi)

Constitutional amendments;

(xxii)

Initiative propositions;

(xxiii)

Referendum propositions;

(xxiv)

Other ballot propositions.

22
‑
6
‑
119.

Format of primary ballot.

(a)

The primary ballot
of each major political party
shall be printed in substantial compliance with this format:

(i)

Across the top shall be printed "Official Primary Election Ballot"
;
followed by the name of the major political party;

22
‑
6
‑
120.

Format of general election ballot.

(a)

The general election ballot shall be printed in substantial compliance with this format:

(vii)

The names of
partisan party
candidates, if candidates have filed,
and independent candidates, if candidates have filed,
shall be printed in a separate
column or columns, row or rows, and the name of the party represented
or the word "Independent"
if declared

shall be printed
directly above
next to
the candidate's name
;
or at the end of the row. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or the word "Independent" at the top of the column or beginning of the row;

22
‑
6
‑
123.

Nonpartisan offices on primary or general election ballots and ballot propositions.

Primary and general election ballots
for
containing
nonpartisan offices
and ballot propositions
shall
be printed on yellow paper or paper with yellow demarcation as provided by rule and regulation of the secretary of state, separate from partisan ballots.

They shall
contain no political party designations
for those offices
, but otherwise shall conform to the same general requirements for official
partisan
ballots except as otherwise specifically provided.

22
‑
6
‑
124.

Ballot propositions format.

Following all offices on
nonpartisan
ballots, ballot propositions shall be printed in the order prescribed by law.

The name and official number, if any, of each ballot proposition shall be printed adjacent to the proposition in large letters.

Nonpartisan ballots shall contain the same instructions as prescribed for partisan primary election ballots in W.S. 22
‑
6
‑
119.

If the ballot contains a proposed constitutional amendment or other ballot proposition, the instructions shall also include the following: "To vote for or against a proposed constitutional amendment, initiative or referendum, or other ballot proposition, mark the square printed adjacent to the proposition marked 'For' or 'Against'."

For retention of justices of the supreme court, district court judges, circuit court judges and magistrates, the following shall be printed on the ballot: "Shall Justice/Judge/Magistrate . . . be retained in office?".

22
‑
10
‑
101.

Criteria for approval.

(a)

To be approved for use in Wyoming a voting machine shall:

(vii)

Have separate voting devices for candidates and ballot propositions, which shall be arranged in separate rows or columns, so that one (1) or more adjacent rows or columns may be assigned to the candidates
of each political party
at a primary election;

(x)

Have the capacity to contain
the names of candidates constituting the tickets of not less than five (5) political parties and independent groups and
not less than fifteen (15) ballot propositions;

22
‑
10
‑
108.

Procedure for preparing machines for election; inspection and certification.

(a)

Before preparing a voting machine for an election, the county clerk shall notify in writing the county chairman of each political party
having a
registered with the secretary of state and each
candidate on the
ballot and all independent candidates, stating the time and place where the voting machine will be prepared for the election.

The political party representatives
, candidates
and representatives of
independent
candidates may be present at the preparation of the voting machine for the election, to see that the machine is tested for accuracy and is properly prepared and that all registering counters are set at zero (00000). The county clerk in the presence of these representatives shall prepare the voting machine for the election and set all registering counters at zero (00000).

He shall then test each registering counter for accuracy by casting votes on it until the registering counter is correctly registering each vote cast on it.

The county clerk shall then reset each registering counter to zero (00000) and shall immediately lock and seal the voting machine with a numbered metal seal and make a record of the number of the seal on the certificate for the machine.

The seal shall be so placed as to prevent operation of the machine or its registering counters without breaking the seal. The county clerk shall then immediately make a record on the certificate for the machine of the reading shown on the protective counter.

22
‑
11
‑
103.

Capabilities required.

(a)

Every electronic voting system adopted for use in Wyoming shall:

(vii)

Provide automatic tabulating equipment which shall reject choices recorded on a ballot exceeding the number allowed
;
, and at a primary election reject choices for candidates from a party other than the party for which a preference is expressed;

22
‑
11
‑
104.

Conduct of elections in which systems utilized.

(b)

The county clerk of each county using an electronic voting system shall:

(iii)

Before testing an electronic voting system for an election, notify the county chairman of each political party
having a
registered with the secretary of state and each
candidate on the ballot, stating the time
and place of the test.
The
P
olitical party representatives
, candidates
and representatives of
independent
candidates may be present for the test, which shall be held at least two (2) weeks before the election.

The test shall ascertain that the automatic tabulating equipment will accurately count the votes cast for all offices and all measures.

The test shall be conducted by processing a preaudited group of paper ballots or ballot cards on which are recorded a predetermined number of valid votes for each candidate and on each measure and shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes.

During the test a different number of valid votes shall be assigned to each candidate for an office, and for and against each measure.

If any error is detected, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified to by the county clerk.

On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots;

22
‑
16
‑
103.

County canvass procedures.

(c)

The county canvassing board shall:

(viii)

Ensure abstracts contain the following information:

(A)

For primary elections, the total ballots cast
;
by party, including unaffiliated votes;

22
‑
16
‑
121.

Certificates of nomination and election following state or county canvass.

(a)

When the state canvass is concluded, the secretary of state shall issue a certificate of nomination to each candidate nominated at a primary election and certify the names of nominees as provided in W.S. 22
‑
6
‑
101. When the county canvass is concluded, the county clerk shall issue a certificate of nomination to each candidate nominated at a primary election
.
or by petition.

22
‑
18
‑
103.

Filling vacancies in federal and state offices; generally.

A vacancy in the office of
United States senator,
representative in congress
, member of the state legislature or an elected state official
shall be filled
for the unexpired term at a special election called for the purpose by the governor, provided the vacancy does not occur within six (6) months of the next general election
as provided in W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109. For purposes of W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109, "vacated office" means an office specified in this section
.

22
‑
18
‑
105.

Filling vacancies in federal and state offices; whether filled at general or special election; procedure.

(a)

If the
Except for temporary appointments in W.S. 22
‑
18
‑
111, a
vacancy
in the office of representative in congress
that
occurs within
six (6) months prior to the next general election, the vacancy
the following time period
shall be filled at the general election
:
. Otherwise

(i)

Six (6) months of the next general election

for the office of United States senator or representative in congress;

(ii)

Three (3) months of the next general election for the office of a member of the state legislature, secretary of state, state auditor, state treasurer or superintendent of public instruction;

(iii)

Sixty (60) days of the next general election for the office of governor.

(b)

A vacancy that occurs outside the time period specified in subsection (a) of this section shall be filled for the unexpired term at a special election.

Unless the Tuesday falls on a full legal holiday,
the special election shall occur on the
first
Tuesday
next
following the
:

(i)

E
ighty
‑
ninth day after the vacancy occurs
, unless that

for the office of United States senator or representative in congress;

(ii)

Thirty
‑
ninth day after the vacancy occurs for the office of a member of the state legislature, secretary of state, state auditor, state treasurer or superintendent of public instruction;

(iii)

Twenty
‑
ninth day after the vacancy occurs for the office of governor.

(c)

If the
Tuesday falls on a full legal holiday
,

in which case
the
special
election shall occur on the next Tuesday which is not a full legal holiday.

(d)

The governor
or acting governor pursuant to W.S. 9
‑
1
‑
211 and 9
‑
1
‑
212
shall declare
the
a
vacancy and issue
the
a
writ of election within five (5) days after the vacancy occurs.

The writ shall be issued to the county clerk of each county voting for the office and to the secretary of state. The writ shall specify the day of the election.

22
‑
18
‑
106.

Filling vacancies in federal and state offices; nominations.

An elector qualified to hold
the
a vacated
office
of representative in congress shall
may
be nominated by
the state central committee of the respective parties to fill a vacancy for the unexpired term of that office
filing a signed application in substantially the form specified in W.S. 22
‑
5
‑
204(b)
. Nominations
from such parties
shall be filed with the secretary of state and fees paid within seven (7) days after the vacancy is officially declared.
Independent candidates shall file an application and pay the filing fee with the secretary of state within seven (7) days after the vacancy is officially declared.

22
‑
18
‑
107.

Filling vacancies in federal and state offices; certification of candidates.

Within five (5) days after the end of the candidate filing period
specified in W.S. 22
‑
18
‑
106
, the secretary of state shall certify to the clerks of counties voting to fill the vacancy the name of each candidate qualified to appear on
the ballot
,
and
his
the candidate's
party affiliation or independent status
, if declared
.

22
‑
18
‑
108.

Filling vacancies in federal and state offices; party requirements.

A candidate for the unexpired term of
the
a vacated
office
of representative in congress
may seek election only as a candidate of the political party in which
he
the candidate
was registered on the date the vacancy occurred. A candidate for the unexpired term of
a vacated
office
of representative in congress
who was not registered with a party on the date the vacancy occurred may run only as an independent.

22
‑
18
‑
109.

Conduct of special election; preparation of ballot.

A special election to fill a vacancy shall be conducted by the county clerk as nearly as possible in the manner of a general election.

The county clerk shall have twelve (12) days to prepare the special election ballot after the
secretary of state's certification under W.S. 22
‑
18
‑
107.
The candidate who receives a plurality of the votes at a special election shall be issued a certificate of election as provided by law.

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 offices specified in W.S. 22
‑
18
‑
103
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
Except as provided in W.S. 22
‑
18
‑
105
, 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:

(iii)

Notwithstanding W.S. 22
‑
18
‑
103 through 22
‑
18
‑
109, i
f a vacancy occurs in the office of a member of the state legislature
not more than forty
‑
five (45) days before the first day of the general or budget session of the legislature
:

(c)

For purposes of this section:

(i)

A person shall be considered to represent a political party if
he was a nominee of that political
the person's
party
affiliation was indicated as provided in W.S. 22
‑
5
‑
204(d) or 22
‑
6
‑
120(a)(vii)
when elected to office or
when
if the person was
appointed to fill a vacancy in office
of a person whose party affiliation was indicated as provided in W.S. 22
‑
5
‑
204(d) or 22
‑
6
‑
120(a)(vii)
;

22
‑
20
‑
107.

Statement of purpose on ballot.

The county clerk shall print on the official
nonpartisan
general election ballot for the next general election the statement of purpose of each proposed amendment certified to him by the secretary of state.

22
‑
23
‑
103.

Division of city into wards; residency.

(c)

In any general election year in which city wards are redrawn but not enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for a ward if he:

(i)

Is a resident of the city on the date he files an application under W.S. 22
‑
5
‑
204
;

or a petition under W.S. 22
‑
5
‑
301;
and

22
‑
23
‑
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;

22
‑
23
‑
304.

Ballot form.

The county clerk shall prepare the municipal primary ballot as provided in chapter 6 of this title for
nonpartisan
ballots.

22
‑
23
‑
401.

Preparation of ballots; cost.

The county clerk shall prepare ballots which shall be in substantially the same form as the general election
nonpartisan
ballot for the municipal general election.

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.

22
‑
25
‑
102.

Contribution of funds or election assistance restricted; limitation on contributions; right to communicate; civil penalty.

(c)

Except as otherwise provided in this section, no individual other than the candidate, or the candidate's immediate family shall contribute directly or indirectly:

(i)

To any candidate for statewide political office, or to any candidate for statewide political office's candidate's campaign committee:

(B)

Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the date for the primary election.

This subparagraph shall not apply to any candidate unopposed in the primary election
.
or nominated in accordance with W.S. 22
‑
4
‑
303 or 22
‑
5
‑
301.

(ii)

To any candidate for nonstatewide political office, or to any candidate for nonstatewide political office's candidate's campaign committee:

(B)

Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the date for the primary election.

This subparagraph shall not apply to any candidate unopposed in the primary election
.
or nominated in accordance with W.S. 22
‑
4
‑
303 or 22
‑
5
‑
301.

28
‑
1
‑
106.

Resignation of office.

(a)

Resignation of the office of a member of the senate or house of representatives shall be made to the governor, who shall immediately notify the
following of the resignation:

(i)

The secretary of state who shall notify the county clerks of the counties in which the legislative district is located;

(ii)

The presiding officer of the house of which the person is a member;

(iii)

If the resignation occurs in the time periods specified in W.S. 22
‑
18
‑
111(a)(iii), the
state central committee of the party which the member 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
.
, of the resignation.

If the resigning member 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 governor shall notify the appropriate boards of county commissioners who shall proceed in accordance with W.S. 22
‑
18
‑
111(a)(iii)(C).

(b)

For purposes of this section a person shall be considered to "represent" a political party if
he
the person
was a nominee of that political party when elected to office or when appointed to fill a vacancy in office.

Section 3.

W.S. 22
‑
1
‑
102(a)(lii), 22
‑
4
‑
101(d), 22
‑
4
‑
303, 22
‑
4
‑
304, 22
‑
5
‑
202, 22
‑
5
‑
203, 22
‑
5
‑
204(b)(ii), 22
‑
5
‑
205, 22
‑
5
‑
212, 22
‑
5
‑
218, 22
‑
5
‑
301 through 22
‑
5
‑
308, 22
‑
5
‑
401 through 22
‑
5
‑
403, 22
‑
6
‑
112(b), 22
‑
6
‑
117(a)(xi), 22
‑
6
‑
118, 22
‑
6
‑
121, 22
‑
6
‑
125 through 22
‑
6
‑
127, 22
‑
9
‑
104(a)(iii), 22
‑
10
‑
101(a)(vi), 22
‑
18
‑
104, 22
‑
18
‑
111(a)(i) and 22
‑
25
‑
107(a)(vi) are repealed.

Section 4.

The secretary of state shall promulgate rules and regulations necessary to implement this act by July 1, 2022.

Section 5.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2022.

(b)

Sections 4 and 5 of this act are 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)

1
HB0152