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23LSO-0196
2023
STATE OF WYOMING
23LSO-0196
Numbered
2.0
HOUSE BILL NO. HB0063
Vacancies in elected office.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
AN ACT relating to elections; amending procedures for filling vacancies in specified federal and state offices; requiring special elections as specified if more than half of the term of the office remains at the time of the vacancy; making conforming amendments; repealing provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 9
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1
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212, 9
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1
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802(e), 22
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2
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101(a)(iii), 22
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2
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104(d), 22
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2
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109(a) and (b)(intro), 22
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2
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110(a), 22
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2
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111(a), 22
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6
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112, 22
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6
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117(a)(intro), 22
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6
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121(a), 22
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6
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122, 22
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6
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125(a)(intro), 22
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18
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103 through 22
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18
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109, 22
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18
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111(a)(intro), (iii)(intro), (A) and by creating a new subparagraph (E) and 28
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1
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106 are amended to read:
9
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1
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212.
Vacancy in office of governor; term of successor; when election held to fill unexpired term; requirements of elections; 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
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1
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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
one hundred ten (110) days before the last date for an election under W.S. 22
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2
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104(d) occurring
before the next general election. If the office is assumed more than
sixty (60) days
one hundred ten (110) days before the date for an election under W.S. 22
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2
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104(d) occurring
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
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18
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103 through 22
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18
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109. The candidate issued a certificate of election pursuant to W.S. 22
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18
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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
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1
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802.
Election; term; qualifications; full
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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
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18
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111
22
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18
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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.
22
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2
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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
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18
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103 through 22
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18
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109
;
22
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2
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104.
Election dates.
(d)
Every bond election
and every special election held for the purpose of filling a vacancy pursuant to W.S. 22
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18
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103 through 22
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18
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109
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
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2
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109.
County clerk to publish proclamation.
(a)
Between one hundred one (101) and ninety
‑
one (91) days before each primary election
and each special election held in August as provided in W.S. 22
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2
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104(d) for the purpose of filling a vacancy pursuant to W.S. 22
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18
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103 through 22
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18
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109,
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 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.
(b)
Between ninety (90) and seventy (70) days before each general election
and each special election held in May or November as provided in W.S. 22
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2
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104(d) for the purpose of filling a vacancy pursuant to W.S. 22
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18
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103 through 22
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18
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109
, 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:
22
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2
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110.
Computing periods of time.
(a)
Except for special elections to fill vacancies for a congressman under W.S. 22
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18
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105 through 22
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18
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109,
P
eriods 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
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18
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105
22
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18
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103
through 22
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18
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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
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2
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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
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18
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103 through 22
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18
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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
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6
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112.
Name to appear only once; exception.
(a)
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, n
o 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.
(b)
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, n
o candidate's name shall appear on the general election ballot more than once, except that a candidate for a partisan office may also seek the office of president or vice president of the United States or a nonpartisan office on the same general election ballot in accordance with W.S. 22
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2
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116.
22
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6
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117.
Order of listing offices in partisan elections.
(a)
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, t
he major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:
22
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6
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121.
Political party ballot position on general election ballot; order of candidates' names.
(a)
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, p
olitical party position shall be determined on the general election ballot according to the number of votes received by each party within the county for the office of representative in congress at the last preceding general election.
The party receiving the highest number of votes shall appear first following the names of the offices to be voted for and other parties shall follow in the order of their respective numbers of such votes.
The order of any provisional parties will be drawn by the secretary of state.
Any independent candidates shall appear following the last party and shall be listed in alphabetical order, subject to rotation.
When more than one (1) candidate is to be elected to a particular office, the names of candidates shall be printed in alphabetical order, subject to rotation, on all ballots for electronic and machine voting systems as defined by W.S. 22
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1
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102.
22
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6
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122.
Rotation of candidates' names; equal lines on voting machines.
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, t
he names of candidates for each office shall be rotated on all ballots by precinct for all elections. In each county the name of each candidate shall appear substantially an equal number of times at the top, at the bottom, and in each intermediate place. In a voting machine polling place, if candidates for the same office occupy more than one (1) line on the voting machine, the number of names appearing on each line shall be as nearly equal as possible.
22
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6
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125.
Order of offices and ballot propositions on nonpartisan ballots.
(a)
Except as provided in W.S. 22
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18
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103 through 22
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18
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109, t
he nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:
22
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18
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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
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18
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103 through 22
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18
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111. For purposes of W.S. 22
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18
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103 through 22
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18
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111, "vacated office" means an office specified in this section
.
22
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18
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104.
Filling vacancy of in federal and state offices; procedure; qualification to vote.
The governor
or acting governor pursuant to W.S. 9
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1
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212(a)
shall
declare a vacancy under W.S. 22
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18
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103 and unless the vacancy will be filled by appointment under W.S. 22
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18
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111 shall
call
such special election
for the vacancy to be filled
by issuing a writ of election to the county clerk of each county voting for the office and to the secretary of state. The writ shall
be issued within five (5) days after the vacancy occurs and shall
specify the day of the election
and the office to be filled
.
22
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18
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105.
Filling vacancy in federal and state offices; whether filled at general or special election; procedure.
If the
Except for appointments as specified in W.S. 22
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18
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111, a
vacancy
in the office of representative in congress occurs within six (6) months prior to the next general election, the vacancy
under W.S. 22
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18
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103
shall be filled
at the general election. Otherwise the special election shall occur on the Tuesday following the eighty
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ninth day after the vacancy occurs, unless that Tuesday falls on a full legal holiday in which case the election shall occur on the next Tuesday which is not a full legal holiday. The governor shall declare the vacancy and issue the writ of election within five (5) days after the vacancy occurs
for the remainder of the unexpired term at a special election as specified in this section
.
A vacancy shall be filled at a special election on the next date for an election specified in W.S. 22
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2
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104(d) if the vacancy occurs not less than one hundred ten (110) days prior to that election. If the vacancy occurs less than one hundred ten days (110) days before the next election specified in W.S. 22
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2
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104(d), the vacancy shall be filled at the next following election date specified in W.S. 22
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2
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104(d). All costs incurred in carrying out a special election under this section that is not concurrent with an election under W.S. 22
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2
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104(a) or (b) shall be borne by the secretary of who shall reimburse the county treasurer for the costs paid by the county for the special election.
22
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18
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106.
Filling vacancies in federal and state offices; nominations.
(a)
An elector qualified to hold
the
a vacated
office
of representative in congress
shall
be nominated by the state central committee of the respective parties to fill a vacancy for the unexpired term of that office.
file a signed petition in substantially the following form:
APPLICATION TO FILL VACATED OFFICE BY SPECIAL ELECTION
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 ballot as a candidate to fill the vacated 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)
(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
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18
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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
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18
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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
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18
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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
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18
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109.
Conduct of special election; preparation of ballot.
(a)
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.
(b)
The proclamation of the special election shall be published as provided in W.S. 22
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2
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109.
(c)
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
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18
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107.
The ballot shall be prepared as follows:
(i)
If the special election to fill a vacancy is conducted concurrently with any other election, the special election ballot shall be combined with the ballot of that election and the vacated office shall be printed on the official ballot of that election and shall be the first office to be voted on;
(ii)
If the special election to fill a vacancy is not conducted concurrently with any other election, the special election ballot shall be printed in substantial compliance with this format:
(A)
Across the top shall be printed "Official Special Election Ballot";
(B)
On the first line shall be printed the name of the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct number;
(C)
On the second line shall be printed the same instructions as prescribed for primary elections in W.S. 22
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6
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119;
(D)
The designation of offices and the applicable term of office shall be printed preceding the names of candidates for the office;
(E)
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" shall be printed directly above 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;
(F)
Below the names of candidates for each office shall be printed blank lines for write
‑
in candidates equal in number to the number of persons to be elected;
(G)
Adjacent to the name of each candidate shall be printed a square for marking the vote. No square shall appear at the top of a column.
(iii)
Candidates to fill the vacated office shall appear in alphabetical order and shall be rotated as prescribed in W.S. 22
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6
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122, provided that candidates whose political affiliation is the same as the last incumbent at the time of their election shall appear before candidates of other political parties at all times.
(d)
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
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18
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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
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18
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103, which shall be filled by special election or by appointment as provided in paragraph (iii) of this subsection and except for
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
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18
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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
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5
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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
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18
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103, i
f a vacancy occurs in
one (1) of
the
office of a member of the state legislature
offices specified in W.S. 22
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18
‑
103 and there is less than one
‑
half (1/2) of the term for which the office was elected remaining, the office shall be filled by appointment as provided in this paragraph
:
(A)
For vacancies other than resignations
in the office of a member of the state legislature
, the board of county commissioners of the county or counties in which the vacancy occurs shall immediately notify in writing the chairman of the state central committee of the political party which the former incumbent represented at the time of his election under W.S. 22
‑
6
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120(a)(vii), or at the time of his appointment if not elected to office.
For resignations
in the office of a member of the state legislature
, the governor shall notify the appropriate state central committee or the appropriate board of county commissioners in accordance with W.S. 28
‑
1
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106.
For all vacancies in which the incumbent represented a political party at the time of his election or appointment to the office, the state central committee of the political party of the former incumbent shall notify the precinct committeemen and committeewomen for that party for each precinct within the legislative district which is vacant and arrange a meeting of those precinct committeemen and committeewomen at which they will select a list of three (3) persons qualified to hold the office to fill the vacancy. Only those persons serving as committeemen and committeewomen at least thirty (30) days prior to the vacancy, or if the vacancy occurs within thirty (30) days after the first Monday in January in odd
‑
numbered years, those precinct committeemen and committeewomen elected at the immediate past primary election and those selected by appointment prior to December 2 of the year in which the election occurred for vacant positions, shall be authorized to vote under this subparagraph.
The meeting shall be held not later than fifteen (15) days after the state central committee is notified of the vacancy.
The state central committee of each political party shall establish procedures for conducting the vote required under this subparagraph and may delegate the authority to call the meeting required under this subparagraph;
(E)
If a vacancy occurs in any office specified under W.S. 22
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18
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103 other than the governor or member of the state legislature, the governor shall immediately notify in writing the chairman of the state central committee of the political party which the last incumbent represented at the time of his election under W.S. 22
‑
6
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120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the state central committee to be held not later than fifteen (15) days after he receives notice of the vacancy.
At the meeting the state central committee shall select and transmit to the governor the names of three (3) persons qualified to hold the office. Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by temporary appointment of one (1) of the three (3) to hold the office.
If the incumbent who has vacated office 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 in writing the chairman of all state central committees of parties registered with the secretary of state.
The state central committees shall submit to the governor, within fifteen (15) days after notice of the vacancy, the name of one (1) person qualified to hold the office.
The governor shall also cause to be published in a newspaper of general circulation in the state notice of the vacancy in office.
Persons qualified to hold the office who do not belong to a party may, within fifteen (15) days after publication of the vacancy in office, submit a petition signed by one hundred (100) registered voters, seeking consideration for appointment to the office.
Within five (5) days after receiving the names of persons qualified to hold the office, the governor shall fill the vacancy by temporary appointment to the office, from the names submitted or from those petitioning for appointment.
28
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1
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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 2.
W.S. 22
‑
18
‑
111(a)(i) is repealed.
Section 3.
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.
(END)
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HB0063