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23LSO-0387
2023
STATE OF WYOMING
23LSO-0387
Numbered
2.0
HOUSE BILL NO. HB0115
Elections administration.
Sponsored by: Representative(s) Chestek and Zwonitzer, Dn and Senator(s) Rothfuss
A BILL
for
AN ACT relating to elections; specifying membership of the state canvasing board; providing that the state canvasing board is responsible for supervising elections in Wyoming; making conforming amendments; providing for the transfer of functions and positions; specifying applicability; authorizing rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 7
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19
‑
106(a)(xi), 15
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11
‑
105(b)(v), 22
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1
‑
102(a)(xxix), (xxxix)(A) and by creating a new paragraph (liv), 22
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2
‑
103, 22
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2
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108, 22
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2
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113(a) and (e), 22
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2
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120, 22
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2
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121(a)(intro), (b) through (d), (e)(intro), (f) and (g), 22
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2
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122(b) and (c), 22
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3
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102(e), 22
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4
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116, 22
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4
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119(b), 22
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4
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120, 22
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4
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304(a), (c) and (d), 22
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4
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305 through 22
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4
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307, 22
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4
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402(a) through (c), 22
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4
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405, 22
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5
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103(a)(intro), 22
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5
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204(c), 22
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5
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205(b), 22
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5
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206(a), 22
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5
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207, 22
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5
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209, 22
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5
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307, 22
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5
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308, 22
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6
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101, 22
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6
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107(a), 22
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6
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118(a)(intro), 22
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6
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121(a)(intro), 22
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6
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123, 22
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7
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104, 22
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8
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113, 22
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9
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110(a)(intro), 22
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9
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125(c), (d)(i) and (vi), 22
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11
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103(a)(x) and (c), 22
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14
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107, 22
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14
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114, 22
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16
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103(a)(iii), 22
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16
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106(b) and (d), 22
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16
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108, 22
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16
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111(a)(ii), 22
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16
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115, 22
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16
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116, 22
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16
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118, 22
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16
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120, 22
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16
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121(a), 22
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16
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122(h), 22
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16
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123(b)(intro) and (vii), 22
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17
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110, 22
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17
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112(a), 22
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18
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104, 22
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18
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106, 22
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18
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107, 22
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18
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109, 22
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18
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111(a)(i), 22
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19
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102(a), 22
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19
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104 through 22
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19
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106, 22
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21
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103, 22
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23
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307(b), 22
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24
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201(a)(i) and (ii), 22
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24
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318(a), 22
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24
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415(a), 22
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25
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102(a) and (g), 22
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25
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105, 22
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25
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107(a)(ii) through (v), (vii), (c)(i) and (e), 22
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25
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108(f)(i) and (h), 22
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25
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110(b), 22
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26
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121(a), (c) and (d), 22
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29
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106(d), 22
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29
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113(a), 22
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29
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114(a), 22
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29
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115(b), 22
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29
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116(a)(intro) and (ix) and 22
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29
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501(d) are amended to read:
7
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19
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106.
Access to, and dissemination of, information.
(a)
Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:
(xi)
The
secretary of
state
canvassing board
, through the electronic voter registration system, for confirmation of the existence or nonexistence of felony conviction records of registered voters and of individuals seeking to register to vote. If the criminal history record information indicates that the subject's voting rights have been restored, that information shall also be provided. Notwithstanding subsection (c) of this section and W.S. 7
‑
19
‑
108, the subject's fingerprints shall not be required and no fee shall be charged. The necessary identifying information shall be provided to the division and the disclosures made in accordance with the terms agreed upon by the
secretary of
state
canvassing board
and the attorney general;
15
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11
‑
105.
Officers in city or town with city manager government; terms; legislative authority; method of selection; alternative method.
(b)
Councilmen in a municipality adopting the city manager form of government shall be elected at large, unless a petition requesting an alternate method of selection by wards, or by a combination of wards and at large, is approved at a special election on the question by a majority vote of the electors voting on the question:
(v)
The method approved by a plurality vote shall be proclaimed adopted by the mayor. A copy of the proclamation shall be mailed to the county clerk and the
secretary of
state
canvassing board
;
22
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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:
(xxix)
"Registry list" is the list by precinct of the names, addresses, party affiliations and precinct and district numbers of the registered electors in the county prepared by the
secretary of
state
canvassing board
or county clerks for distribution as provided in W.S. 22
‑
2
‑
113;
(xxxix)
"Acceptable identification" means:
(A)
For purposes of voter registration, one (1) of the identification documents or other proof of identity as specified by rule of the
secretary of
state
canvassing board
as adequate proof of the identity of a voter;
(liv)
"State canvassing board" means the state canvassing board as provided under W.S. 22
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16
‑
115.
22
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2
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103.
State canvassing board duties; chief election officers.
(a)
The
secretary of
state
is the chief election officer for the state and
canvassing board shall oversee elections as provided in this Election Code. The state canvassing board
shall maintain uniformity in the applications and operations of the election laws of Wyoming. Each county clerk is the chief election officer for the county.
(b)
The state canvassing board may hire an executive director. The executive director shall serve at the pleasure of the board and shall:
(i)
Administer and carry out the policies of the board;
(ii)
Direct and supervise the technical and administrative activities of the board;
(iii)
Subject to the availability of funding, employ technical, professional and other employees necessary to carry out the functions and duties of the executive director.
22
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2
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108.
State canvassing board to certify officers to be elected.
Between the twenty
‑
fourth day of April and the third day of May in each general election year, the
secretary of
state
canvassing board
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
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2
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113.
Availability and form of registry lists; use of copies; election record; purging.
(a)
The
secretary of
state
canvassing board
shall furnish at a reasonable price registry lists to any candidate for a political office in the state, candidate's campaign committee, political party central committees and officials thereof, elected officials, political action committees, individuals promoting or opposing a ballot issue or candidate and to organizations which promote voter participation. The county clerks may elect to furnish the lists and, if they do so, shall make them available to all on an equal basis. All lists are for political purposes only and are not available for commercial use. The lists may be in the form of printouts, mailing labels or other electronic format as available. The lists may be reproduced for political purposes.
(e)
The county clerks shall purge and update voter registration information on the voter registration system not later than the fifteenth day of February each year and shall notify the
secretary of
state
canvassing board
upon completion, but not later than February 15 of each year.
22
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2
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120.
Publication of Election Code.
The
secretary of
state
canvassing board
, not later than the first of July in general election years, shall publish the Election Code on the
secretary of state's
board's
official website.
22
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2
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121.
State canvassing board to prepare forms; rules; advice.
(a)
In carrying out
his
responsibilities under title 22, the
secretary of
state
canvassing board
shall prepare:
(b)
The
secretary of
state
canvassing board
shall promulgate such rules as are necessary to maintain uniform voting and vote counting procedures and orderly voting.
(c)
The
secretary of
state
canvassing board
shall have the authority to issue a directive to the county election officers necessary to ensure voter registration and elector participation when a uniformed services or emergency personnel elector could not otherwise vote.
(d)
The
secretary of
state
canvassing board
is authorized to adopt rules and regulations necessary to comply with the requirements of the Help America Vote Act of 2002,
Public Law
P.L.
107
‑
252, including a state
‑
based administrative complaint procedure, which shall not be subject to the Wyoming Administrative Procedure Act.
(e)
The
secretary of
state
canvassing board
is authorized to adopt rules and regulations necessary to comply with the requirements of the Military and Overseas Voter Empowerment Act of 2009, P.L. 111
‑
84, and shall have the authority to issue directives to county election officers necessary to ensure compliance with the act.
Directives authorized under this subsection may include:
(f)
The
secretary of
state
canvassing board
shall have the authority to issue directives to county election officers necessary to ensure the proper conduct of elections, including voter registration and elector participation when there is a declared natural disaster or other impending or declared emergency which interferes with an election.
(g)
The
secretary of
state
canvassing board
shall adopt rules and regulations that allow for the counting of ballots at a central counting center. The rules shall specify procedures for delivering ballots to the central counting center.
22
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2
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122.
State and federal share of qualified election expenses; election readiness account.
(b)
Funds in the account shall only be used for replacement and maintenance of voting systems and other ongoing election costs as allowed by the Help America Vote Act (HAVA). Disbursements and expenditures from the account shall be made at the discretion of the
secretary of
state
canvassing board
in consultation with the county clerks.
(c)
Commencing in 2019, and annually thereafter,
T
he
secretary of
state
canvassing board
shall
annually
document disbursements and expenditures from the account.
No later than November 15 of each year, the
secretary of
state
canvassing board
shall report any disbursements and expenditures from the account to the joint appropriations committee, the joint corporations, elections and political subdivisions interim committee and the governor.
22
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3
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102.
Qualifications; temporary registration.
(e)
The
secretary of
state
canvassing board
is authorized to provide for the verification of certain voter registration data in accordance with the following:
(i)
The
secretary of
state
canvassing board
and the director of the department of transportation shall enter into an agreement to match voter registration data with information maintained by the department regarding driver's licenses, in order to verify the information provided on applications for voter registration;
(ii)
The
secretary of
state
canvassing board
and the attorney general shall enter into an agreement to compare data in the voter registration system with information maintained by the division of criminal investigation regarding state felony convictions in order to deny voter registration to, and remove from voter registration lists, individuals who are not qualified electors;
(iii)
The
secretary of
state
canvassing board
and the director of the department of health shall enter into an agreement to match information in the voter registration system with death records in the office of vital records services within the department of health in order to remove names of deceased individuals from voter registration lists;
(iv)
The
secretary of
state
canvassing board
, the state board of parole and the department of corrections shall enter into an agreement to match information in the voter registration system with records regarding restoration of voting rights maintained by the state board of parole or the department of corrections in order to verify voter qualifications;
(v)
The
secretary of
state
canvassing board
and the supreme court shall enter into an agreement to match information in the voter registration system with other records in order to generate jury lists.
22
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4
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116.
Calling of state convention; contents of notice.
The state chairman shall call a state convention by filing notice in the office of the
secretary of
state
canvassing board
and of each county clerk not later than twenty (20) days before the convention. The notice shall state the total number of delegates and alternates, and the number of delegates to which each county is entitled.
22
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4
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119.
Certification and filing of rules and bylaws.
(b)
The state party chairman and party secretary shall certify all rules and bylaws promulgated, revoked or amended by the state convention and file them with the
secretary of
state
canvassing board
within thirty (30) days after the adjournment of the state convention.
22
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4
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120.
Certification of presidential elector nominees and party officers.
The state party chairman and party secretary shall certify the names of nominees for presidential electors and the names of the state and county party officers elected or appointed to the
secretary of
state
canvassing board
immediately after their selection.
22
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4
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304.
Certification of candidates; fees.
(a)
The chairman and secretary of the state political convention shall certify to the
secretary of
state
canvassing board
the names of its party's nominees for United States senator, United States representative, all elective state offices and legislative offices.
(c)
The names certified to the
secretary of
state
canvassing board
or the county clerk shall be filed no later than the day before the primary election.
(d)
Persons certified as nominees shall be members of that party, as shown by their affidavits of registration, at the time their names are certified to the
secretary of
state
canvassing board
or the county clerk.
22
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4
‑
305.
Certification and filing of rules and bylaws.
The state party chairman and state party secretary shall certify all rules and bylaws promulgated, revoked or amended by the state convention and file them with the
secretary of
state
canvassing board
within thirty (30) days after the adjournment of the state convention.
22
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4
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306.
Certification of presidential elector nominees and party officers.
The state party chairman and state party secretary shall certify the names of nominees for presidential electors and the name of the state and county party officers elected to the
secretary of
state
canvassing board
immediately after the state convention.
22
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4
‑
307.
Calling of state convention, contents of notice.
The state chairman shall call a state convention by filing notice in the office of the
secretary of
state
canvassing board
and of each county clerk not later than twenty (20) days before the convention. The notice shall state the eligibility requirements for voting at the convention.
22
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4
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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
canvassing board
not later than June 1 in any general election year in which the party seeks to qualify for the general election ballot.
(b)
The petition shall be approved by the
secretary of
state
canvassing board
prior to circulation and shall conform in substance to the following:
PETITION FOR FORMATION
OF A POLITICAL PARTY
I know the contents of this petition including the names of the provisional party officers and request that the ________ party be printed on the ballot for the next general election.
I am a registered elector for the next primary and general election. (This statement shall appear at the head of each petition page.)
PROVISIONAL PARTY OFFICERS
NAME
ADDRESS
CHAIRPERSON __________________________________________
TREASURER ____________________________________________
PETITIONERS
(Signature) (Printed Name)
(Residence)
(Date)
1.
___________________________________________________
2.
___________________________________________________
VERIFICATION BY CIRCULATORS
I, ...., do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from ....(month) ....(day), ....(year) through ....(month) ....(day), ....(year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be.
.... (signature)
.... (residence address)
(c)
The name of the party printed on the petition shall consist of not more than two (2) words and shall not be identical to, nor similar to, the name of any existing qualified political party as determined by the
secretary of
state
canvassing board
, nor to the word "independent".
22
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4
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405.
Verification of signatures on petition.
The
secretary of
state
canvassing board
shall determine from the official list of registered electors whether sufficient valid signatures have been obtained on petitions filed with the
secretary of state's office
state canvassing board
.
22
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5
‑
103.
Limits on ballot access; state offices.
(a)
Notwithstanding any other provision of Wyoming law, the
secretary of
state
canvassing board
or other authorized official shall not certify the name of any person as the nominee or candidate for the office sought, nor shall that person be elected nor serve in that office if the following will occur:
22
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5
‑
204.
Application for nomination or election; party registration; form.
(c)
A nomination application that is required to be filed with the
secretary of
state
canvassing board
may be electronically filed as provided under W.S. 9
‑
2
‑
2501 if the application is accompanied by the proper filing fee.
22
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5
‑
205.
Nomination application form for nonpartisan office.
(b)
A nomination application that is required to be filed with the
secretary of
state
canvassing board
may be electronically filed as provided under W.S. 9
‑
2
‑
2501 if the application is accompanied by the proper filing fee.
22
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5
‑
206.
Where nomination applications to be filed.
(a)
Nomination applications for United States senators and representatives in congress, state offices, members of the legislature, circuit court judges, and state district court judges shall be filed in the office of the
secretary of
state
canvassing board
.
22
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5
‑
207.
Furnishing of application forms.
The
secretary of
state
canvassing board
and county clerks shall provide the application form required to be filed in their respective offices.
22
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5
‑
209.
Time for filing nomination applications; certified list.
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
canvassing board
shall transmit to each county clerk a certified list of persons whose applications have been filed in the office of the
secretary of
state
canvassing board
stating as to each his name, age, address, office sought and party affiliation.
22
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5
‑
307.
Time for filing independent petitions.
Petitions filed with the
secretary of
state
canvassing board
and with the county clerk shall be filed not less than seventy (70) days before a general election.
22
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5
‑
308.
Determining validity of petitions.
The
secretary of
state
,
canvassing board
or county clerk shall determine from the official list of registered electors whether sufficient valid signatures have been obtained on petitions filed in
his
the applicable
office.
22
‑
6
‑
101.
Certification of candidates nominated; printing of names.
Not less than sixty (60) days before each general election the
secretary of
state
canvassing board
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
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6
‑
107.
Time for possession of ballots and labels.
(a)
Official ballots for primary and general elections shall be in the county clerk's possession forty
‑
five (45) days before the election.
If a clerk is unable to obtain ballots on time, the
secretary of
state
canvassing board
shall provide by rule and regulation for the clerk to obtain and use substitute ballots.
22
‑
6
‑
118.
Primary ballot colors.
(a)
The primary ballot of political parties shall be printed on the following colored paper or on paper with the following color demarcation as provided by rule and regulation of the
secretary of
state
canvassing board
:
22
‑
6
‑
121.
Political party ballot position on general election ballot; order of candidates' names.
(a)
Political 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
canvassing board
.
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
‑
1
‑
102.
22
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6
‑
123.
Nonpartisan election ballots and ballot propositions.
Primary and general election ballots for 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
canvassing board
, separate from partisan ballots.
They shall contain no political party designations, but otherwise shall conform to the same general requirements for official partisan ballots except as otherwise specifically provided.
22
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7
‑
104.
Procedure following resolution altering precinct area.
Within five (5) days after the adoption of a resolution dividing or consolidating a precinct, or changing a precinct boundary, the county clerk shall send a certified copy of the resolution to the
secretary of
state
canvassing board
and to the county chairman of each political party and notify by mail all registered electors receiving a new precinct number.
22
‑
8
‑
113.
Training schools; generally and payment for attending.
Not later than four (4) days before the primary and general election, the county clerk under the direction of the
secretary of
state
canvassing board
shall conduct a training school for judges of election and members of counting boards to provide instruction in the performance of their duties.
The training school, which is also open to the public, shall be held at the times and places announced by the county clerk, and the
secretary of
state
canvassing board
shall prescribe the minimum curriculum for the school. Additional schools may be held at the discretion of the county clerk.
Unless training is otherwise provided to the satisfaction of the county clerk, all judges of election and members of counting boards are obligated to attend at least one (1) such school.
All judges and members of the counting board shall be paid not less than ten dollars ($10.00) as determined by the board of county commissioners for attending a school.
22
‑
9
‑
110.
Form of absentee ballot envelopes; distribution.
(a)
The
secretary of
state
canvassing board
shall prescribe the form, and distribute to the clerks responsible for the respective elections a supply of the following official envelopes:
22
‑
9
‑
125.
Alternate procedures for collecting and counting absentee ballots.
(c)
If either alternate voting procedure provided in subsection (a) of this section is sought to be used, the
secretary of
state
canvassing board
is authorized to adopt rules and regulations to guard against abuses of the elective franchise to include such matters as contained in W.S. 22
‑
26
‑
113 through 22
‑
26
‑
115.
(d)
Notwithstanding subsection (b) of this section and any other mandatory procedures for counting absentee ballots under this chapter, the county clerk may choose to prepare and process absentee ballots the Thursday or Friday immediately preceding election day, provided:
(i)
Any county clerk electing to use this method of preparing and processing absentee ballots shall first notify the
secretary of
state
canvassing board
;
(vi)
The
secretary of
state
canvassing board
shall adopt rules for the preparing and processing of absentee ballots under this subsection.
22
‑
11
‑
103.
Capabilities required.
(a)
Every electronic voting system adopted for use in Wyoming shall:
(x)
Be certified by the
secretary of
state
canvassing board
.
(c)
The
secretary of
state
canvassing board
may
from time to time as necessary
promulgate rules and regulations consistent with subsection (a) of this section and with all other requirements of this Election Code to govern the characteristics of electronic voting systems that may be used in Wyoming.
The rules shall ensure the fairness and accuracy of elections.
The rules may govern both the characteristics of the systems and the procedures to be followed in using the systems.
The rules shall allow the county clerks to follow appropriate recommendations of the vendors of the systems for maintenance and management of the systems to the extent these recommendations are not inconsistent with this Election Code and with the rules.
The rules shall be adopted following consultation with the county clerks.
22
‑
14
‑
107.
Tabulation of count.
The unofficial tabulation indicating the vote by precinct shall immediately be transmitted by the county clerk to the
secretary of
state
canvassing board
. These unofficial tabulations shall be tabulated by the
secretary of the
state
canvassing board
. The
secretary of
state
canvassing board
shall provide procedures for such transmittal through rule and regulation.
22
‑
14
‑
114.
Counting of ballots.
(a)
For ballots designed to be counted by machine, each individual vote shall be determined by the voting equipment and shall not be determined subjectively by human tabulation except when the intent of the voter is unmistakable but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine.
The
secretary of
state
canvassing board
may promulgate rules establishing standards for counting such ballots. For ballots not designed to be counted by machine, only votes clearly marked, as provided by W.S. 22
‑
14
‑
104 and rules promulgated pursuant to this code, shall be tallied. For write
‑
in votes, names which are misspelled or abbreviated or the use of nicknames of candidates shall be counted for the candidate if the vote is obvious to the board.
(b)
At the request of a county clerk, ballots may be received from a polling place and counted at a central counting center in accordance with rules promulgated by the
secretary of
state
canvassing board
pursuant to W.S. 22
‑
2
‑
121(g).
22
‑
16
‑
103.
County canvass procedures.
(a)
Prior to the county canvass, the county clerk shall:
(iii)
Count write
‑
in votes by candidate if the total vote for write
‑
in candidates may affect the result of an election. For offices elected from districts involving more than one (1) county, the
secretary of
state
canvassing board
shall direct the county clerks to count write
‑
in votes by candidate if on the basis of unofficial returns it appears the total write
‑
in votes may affect the result of an election.
22
‑
16
‑
106.
Write
‑
in candidates.
(b)
The
chief election officer
county clerk or the state canvassing board
shall notify a write
‑
in candidate who has been nominated at a primary election within forty
‑
eight (48) hours after the canvassing board meets.
Notification may be delivered by United States postal service or other generally accepted mail delivery method to the last known address of the write
‑
in candidate, email or other electronic means that provide actual notice to the write
‑
in candidate, or service as provided under the Wyoming Rules of Civil Procedure.
Each notification provided under this section shall inform the write
‑
in candidate that failure to timely respond will result in forfeiture of nomination.
Failure of the successful write
‑
in candidate to accept the nomination in the manner prescribed in subsection (a) of this section within five (5) days after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure, as computed pursuant to W.S. 22
‑
2
‑
110, results in the successful write
‑
in candidate not appearing on the general election ballot, but does not result in a vacancy which can be filled.
(d)
A write
‑
in candidate elected to public office at a general or special election may decline election before taking the oath of office by filing written notice with the county clerk where the candidate resides and the
secretary of
state
canvassing board
. Notice provided under this subsection shall immediately create a vacancy in the office which shall be filled in the manner prescribed in W.S. 22
‑
18
‑
101 through 22
‑
18
‑
112.
22
‑
16
‑
108.
Results furnished.
Immediately upon completion of the county canvass, the county clerk shall notify the
secretary of
state
canvassing board
of the election results.
A copy of the county abstract, after being certified by the county canvassing boards, shall immediately be delivered by the county clerk to the
secretary of
state
canvassing board
.
The
secretary of
state
canvassing board
shall provide procedures for such transmittal and notification through rule and regulation.
22
‑
16
‑
111.
Recount of ballot proposition.
(a)
A recount of votes of a ballot proposition may be obtained in one (1) of the following manners:
(ii)
A recount will be made if requested in an affidavit signed by twenty
‑
five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the
secretary of
state
canvassing board
not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county. The affidavit shall be accompanied by a deposit of one hundred dollars ($100.00).
22
‑
16
‑
115.
State canvassing board.
(a)
The state canvassing board
is
shall consist of
the governor, secretary of state, state auditor
,
and
state treasurer
and one (1) additional member appointed as provided under this section. The state canvassing board shall elect a chairman from among its members
.
(b)
The member appointed under this section shall be appointed as follows:
(i)
If a majority of the elected members of the state canvassing board are from the same political party, the appointed member shall be appointed jointly by the house and senate floor leaders of the largest political party that does not hold a majority of the elected members of the board;
(ii)
If no more than two (2) of the elected members of the state canvassing board are from the same political party, the appointed member shall be appointed by the governor with the advice and consent of the senate, in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103.
(c)
If a vacancy in the appointed member of the board occurs, a successor shall be appointed under subsection (b) of this section for the remainder of the term. The governor may remove the appointed member only for misconduct or malfeasance in office. The appointed member shall be appointed for a term of four (4) years coinciding with the terms in office of the four elected members of the board.
22
‑
16
‑
116.
Statewide abstract; discrepancies with county abstracts.
From the unofficial tabulations delivered directly to
his office
the state canvassing board
, the
secretary of state
board
shall tabulate a statewide abstract by counties of votes for president and vice
‑
president, state officers, justice of the supreme court, United States senator, representative in congress, district court judges, circuit court judges, members of the state legislature and the votes for and against ballot propositions voted on by electors of a district larger than a county. The unofficial tabulation shall then be reconciled to the official abstracts of the county canvassing boards and the
secretary of
state
canvassing board
shall prepare the state abstract from the official county abstracts.
22
‑
16
‑
118.
Meeting of state canvassing board.
The state canvassing board shall meet no later than the second Wednesday following the election. The
secretary of
state
canvassing board
shall send a messenger to obtain official county abstracts not filed in a reasonable length of time. The
state
canvassing board shall meet at the time and place set by the
secretary of state
chairman of the board
. The board shall review the state abstracts
,
prepared by the secretary of state,
compare them with the tabulation and
any other
materials
,
prepared by the secretary of state,
resolve any tie votes
,
and certify the abstract as the official state canvass.
22
‑
16
‑
120.
Filing of state abstract.
When the canvass by the state canvassing board is completed and certified, the
secretary of state
board
shall file the official state abstract
in his office
with the minutes of the state canvassing board meeting signed by the members of the state canvassing board. The
secretary of state
board
shall cause a copy of the official state canvass to be posted in the office
and on the website
of the
secretary of state
board
and shall make additional copies available to the public.
22
‑
16
‑
121.
Certificates of nomination and election following state or county canvass.
(a)
When the state canvass is concluded, the
secretary of
state
canvassing board
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
‑
16
‑
122.
Election declared null and void; special election.
(h)
A court ordered election may be held by special mail ballot election as determined by the county clerk or by the
secretary of
state
canvassing board
if the election involves more than one (1) county.
22
‑
16
‑
123.
Special mail ballot elections; procedures.
(b)
In a special mail ballot election, official ballots shall be prepared and all other pre
‑
election procedures followed as otherwise provided by law or rules promulgated by the
secretary of
state
canvassing board
, except that special mail ballot packets shall be prepared as follows:
(vii)
All deposited ballots shall be counted as provided in this act and rules promulgated by the
secretary of
state
canvassing board
.
A special mail ballot shall be valid and counted only if
it
is returned in the return
‑
verification envelope, the affidavit on the envelope is signed by the voter to whom the ballot was issued and the information on the envelope is verified as provided in paragraph (vi) of this subsection. If the election official determines that a voter to whom a replacement ballot has been issued has voted more than once, the official shall only count the first ballot received from that voter;
22
‑
17
‑
110.
Contesting election of state legislator; commencement.
A contest of the election of a member of the state legislature shall be commenced within thirty (30) days after his election has been certified by the state canvassing board by serving him personally or at his mailing address with a notice of intent to contest setting forth the grounds for the contest. A copy of that notice must be filed by the contestant with the
secretary of
state
canvassing board
within thirty (30) days after the contested member's election has been certified by the state canvassing board.
22
‑
17
‑
112.
Contesting election of state legislator; handling of depositions by state canvassing board; additional depositions.
(a)
A copy of a notice to take a deposition with proof of service, and the deposition, shall be sealed and mailed to the
secretary of
state
canvassing board
by the person requesting the deposition with an endorsement showing the names of the contesting parties, the legislative office contested, and the nature of the papers. The
secretary of
state
canvassing board
shall then deliver each such sealed notice for deposition to the presiding officer of the branch of the legislature to which the contest relates on the first day of its session.
22
‑
18
‑
104.
Filling vacancy of congressman; procedure.
The governor shall call such special election by issuing a writ of election to the county clerk of each county voting for the office and to the
secretary of
state
canvassing board
. The writ shall specify the day of the election.
22
‑
18
‑
106.
Filling vacancy of congressman; nominations by state central committees; independent candidates.
An elector qualified to hold the 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. Nominations from such parties shall be filed with the
secretary of
state
canvassing board
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
canvassing board
within seven (7) days after the vacancy is officially declared.
22
‑
18
‑
107.
Filling vacancy of congressman; certification of candidates.
Within five (5) days after the end of the candidate filing period, the
secretary of
state
canvassing board
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 party affiliation or independent status.
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
state canvassing board'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 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, 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:
(i)
If a vacancy occurs in the office of United States senator or in any state office other than the governor, member of the state legislature, the office of justice of the supreme court and the office of district court judge, 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
‑
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
canvassing board
.
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;
22
‑
19
‑
102.
Nomination.
(a)
In a general election year, the state convention of a political party nominating candidates for president and vice
‑
president of the United States shall nominate the party's candidates for presidential electors and file certificates of nomination for these candidates with the
secretary of
state
canvassing board
not later than thirty (30) days following termination of the state convention.
22
‑
19
‑
104.
Certificate of election; directive.
Immediately upon filing of the certificate of the state canvassing board stating the result of the election, the governor shall issue a certificate of election to candidates elected to the office of presidential elector. The certificate shall direct the elector to attend a meeting with the governor
in the office of the secretary of state
at 12:00 noon on the Monday following the second Wednesday in December of presidential election years.
22
‑
19
‑
105.
Vacancy in nomination.
A vacancy in nomination for the office of presidential elector occurring before the general election shall be filled by the state central committee of the political party whose vacancy is to be filled or by an independent candidate's remaining electors, by certifying the name of the person filling the vacancy to the
secretary of
state
canvassing board
.
22
‑
19
‑
106.
Certified electors to meet; vacancies.
Certified electors shall convene in the office of the
secretary of state
governor
at 12:00 noon on the Monday following the second Wednesday in December of presidential election years. A vacancy in the office of elector for any cause including nonattendance shall be filled and certified by a majority of electors present.
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
canvassing board
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
‑
23
‑
307.
Candidates nominated; certificate of nomination.
(b)
The
chief election officer
county clerk or state canvassing board
shall notify a write
‑
in candidate who has been nominated for election within forty
‑
eight (48) hours after the canvassing board meets.
Notification may be made by United States postal service, any generally accepted business document delivery method evidenced by receipt of delivery or attempted delivery at the last known address of the write
‑
in candidate or service as provided under the Wyoming Rules of Civil Procedure.
Failure of the successful write
‑
in candidate to accept the nomination within five (5) days after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure, as computed pursuant to W.S. 22
‑
2
‑
110, results in the successful write
‑
in candidate not appearing on the general election ballot, and results in a vacancy which can be filled as provided in W.S. 22
‑
23
‑
308.
Each notification provided under this section shall inform the write
‑
in candidate that failure to timely respond will result in forfeiture of nomination.
22
‑
24
‑
201.
Paid advertising; penalty.
(a)
Any group of persons who are associated for the purpose of raising, collecting or spending money for paid advertising in any communication media or for printed literature to support, oppose or otherwise influence legislation by the legislature of the state of Wyoming, which is or was the subject of a statewide initiative or referendum within the past four (4) years, shall:
(i)
File a statement of formation listing the names and addresses of its chairman and treasurer with the
secretary of
state
canvassing board
within ten (10) days after formation and prior to the publication, dissemination or broadcast of any paid advertising from the group;
(ii)
File with the
secretary of
state
canvassing board
a statement of contributions and expenditures setting forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures, on a form prescribed by the
secretary of
state
canvassing board
, on the last Friday in December of each calendar year.
In addition to the annual report, while the legislature is in session, there shall be filed an interim monthly statement for each month or portion thereof that the legislature is in session, within ten (10) days of the first day of the month for the previous month;
22
‑
24
‑
318.
Ballot proposition; procedure for placing on ballot; publication requirements.
(a)
The secretary of state shall provide notice of the initiative ballot proposition to the state canvassing board.
Except as required under subsection (b) of this section, the same procedure for placing constitutional amendment questions on the ballot shall be used to place the initiative ballot proposition on the ballot.
22
‑
24
‑
415.
Ballot proposition; procedure for placing on ballot; publication requirements.
(a)
The secretary of state shall provide notice of the referendum ballot proposition to the state canvassing board.
Except as required under subsection (b) of this section, the same procedure for placing constitutional amendment questions on the ballot shall be used to place the referendum ballot proposition on the ballot.
22
‑
25
‑
102.
Contribution of funds or election assistance restricted; limitation on contributions; right to communicate; civil penalty.
(a)
Except as otherwise provided in this section, no organization except a political party, political action committee or candidate's campaign committee, directly or indirectly through any officer, member, director or employee, shall contribute funds, other items of value or election assistance directly to any candidate or candidate's campaign committee or to any political party or political action committee which directly coordinates with a candidate or a candidate's campaign committee. The
secretary of
state
canvassing board
shall promulgate rules to define direct coordination as prohibited by this section. No person shall solicit or receive a payment or contribution from an organization prohibited from making contributions under this subsection.
(g)
The prohibitions in this section do not apply to contributions of funds or other items of value to political parties for the purpose of supporting multi
‑
state or national political party conferences or conventions. Any contribution made pursuant to this subsection shall also comply with all applicable federal election commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferences or conventions shall file an itemized statement of contributions and expenditures with the
secretary of
state
canvassing board
within ten (10) days after the conference or convention.
22
‑
25
‑
105.
Campaign reporting forms; instructions and warning.
(a)
The
secretary of
state
canvassing board
shall prescribe the forms for reporting contributions and expenditures for primary, general and special election campaigns, together with written instructions for completing the form and a warning that violators are subject to criminal charges and civil penalties if the forms are not completed and filed pursuant to law.
The forms along with instructions and warning shall be distributed to the county clerk and shall be made available, whether in electronic or paper form, by the county clerk to each person filing an application for nomination in his office and to each political action committee and candidate's campaign committee required to file with the county clerk.
(b)
The
secretary of
state
canvassing board
shall promulgate rules to allow the forms required pursuant to subsection (a) of this section and any other forms and reports required to be filed with
him
the board
pursuant to this chapter to be filed electronically.
22
‑
25
‑
107.
Where reports to be filed.
(a)
All reports required under this chapter shall be filed as follows:
(ii)
Any candidate for a state legislative or district judgeship office and any political action committee or candidate's campaign committee supporting or opposing such a candidate, shall file with the
secretary of
state
canvassing board
;
(iii)
Any candidate for statewide office shall file with the
secretary of
state
canvassing board
;
(iv)
A county party central committee shall file with the
secretary of
state
canvassing board
;
(v)
A state party central committee shall file with the
secretary of
state
canvassing board
;
(vii)
Any political action committee or organization supporting or opposing any statewide initiative or referendum petition drive, any statewide ballot proposition or any candidate for statewide office and any organization causing an electioneering communication or an independent expenditure to be made and filing pursuant to W.S. 22
‑
25
‑
106(b)(i) or (h) shall file reports required by this section with the
secretary of
state
canvassing board
.
(c)
Any reports required under this chapter to be filed with:
(i)
The
secretary of
state
canvassing board
, shall be filed electronically as provided under W.S. 9
‑
2
‑
2501;
(e)
The
secretary of
state
canvassing board
shall maintain a searchable database of reports filed pursuant to this chapter available to the public on or through the Internet as defined in W.S. 9
‑
2
‑
3219(a)(iii). The
secretary of
state
canvassing board
shall be responsible for the provision of training and instruction for filers on how to access and use the campaign finance electronic filing system.
The training shall be for the purpose of educating filers about use of the system, and is not intended to assist filers with filing their reports.
22
‑
25
‑
108.
Failure of persons to file reports; notice; penalties; reconsideration.
(f)
The appropriate filing office or the county attorney, for reports required to be filed with the county clerk, shall issue a final order imposing the civil penalty specified in this subsection against any person failing to comply with W.S. 22
‑
25
‑
106 twenty
‑
one (21) days from the date the notice was sent under subsection (b) of this section.
The final order shall be sent to the person at their address of record and shall notify the person of the right to request reconsideration of the order as provided in subsection (h) of this section.
The filing office or county attorney shall impose the following civil penalty in the final order after giving due consideration to the willfulness of the failure to file, the person's level of experience with reporting requirements under this act, efforts made to obscure the identity of the person required to file and any other factor evidencing an intent to evade reporting requirements under this act:
(i)
Up to five hundred dollars ($500.00) per day beginning on the date of the final order and ending when the report is filed for a failure to file a report with the
secretary of
state
canvassing board
;
(h)
Any person may, within twenty (20) days of the date of a final order issued pursuant to subsection (f) of this section, request reconsideration of the order and submit documentation to the appropriate filing office or county attorney showing good cause for a failure to file a report.
The filing office or county attorney may, after a decision finding good cause, waive any civil penalty imposed under this section provided that the person files the report within the time specified in the decision.
A decision to not waive an imposed penalty by the
secretary of
state
canvassing board
is subject to the contested case procedures of the Wyoming Administrative Procedure Act.
A decision to not waive an imposed penalty by the county attorney is appealable to a circuit court of appropriate jurisdiction.
22
‑
25
‑
110.
Campaign advertising in communications media.
(b)
For purposes of this section, "campaign literature or campaign advertising" does not include small campaign items such as tickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons and yard signs displaying the name of the candidate or office sought and any other items specified by rule of the
secretary of
state
canvassing board
.
22
‑
26
‑
121.
Violations of election code; complaints; investigations and prosecutions.
(a)
Except as otherwise provided in this section, any person may file a written complaint with the
secretary of
state
canvassing board
regarding any violation of the Election Code by any statewide or legislative candidate, committee or organization or any violation of W.S. 22
‑
25
‑
106(d) by a county party central committee. If the
secretary of
state
canvassing board
finds that the complaint has merit and suspects a violation of the Election Code,
he
the board
shall refer the complaint to the Wyoming attorney general for investigation and prosecution. The attorney general may prosecute the complaint in the district court for the district in which the violation was alleged to occur or in the district court for Laramie county if the violation is reasonably believed to occur in more than one (1) judicial district.
(c)
Complaints that the
secretary of
state
canvassing board
violated the Election Code shall be filed with the attorney general for investigation and prosecution.
Complaints that the county clerk violated the Election Code shall be filed with the district attorney for the county for investigation and prosecution.
(d)
The
secretary of
state
canvassing board
or the county clerk may refer any suspected violation of the Election Code to the appropriate prosecuting authority as provided in this section.
22
‑
29
‑
106.
Requirements for signers of petition; signer's withdrawal prohibited; chief petitioners designated.
(d)
The
secretary of
state
canvassing board
shall, after consultation with the county clerks, develop uniform petition forms which shall be used by special districts.
22
‑
29
‑
113.
General provisions relating to special district elections.
(a)
In a special district election not held in conjunction with a general or statewide special election, absentee voting shall be conducted in accordance with rules promulgated by the
secretary of
state
canvassing board
under W.S. 22
‑
29
‑
114 which shall be consistent with procedures for mail ballot elections.
22
‑
29
‑
114.
Election procedures for elections other than mail ballot elections; canvass, recount and contests.
(a)
The
secretary of
state
canvassing board
, after consultation with the county clerks, shall promulgate rules setting forth election procedures for special districts to follow for the formation and succeeding elections. These rules shall apply to mail ballot elections but shall conform with W.S. 22
‑
29
‑
115 and 22
‑
29
‑
116. These rules shall include the designation of polling places, appointment of election judges, polling place hours, filing periods, filing offices, ballot preparation, appointment of a canvassing board, term commencement, other provisions relating to canvass, recount, contests and other election procedures.
22
‑
29
‑
115.
Mail ballot elections; definitions; general provisions.
(b)
The
secretary of
state
canvassing board
, after consultation with the county clerks, shall establish procedures for conducting mail ballot elections.
22
‑
29
‑
116.
Procedures for mail ballot elections.
(a)
Mail ballot elections shall be overseen by the county clerk as provided in W.S. 22
‑
29
‑
113(m).
Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the
secretary of
state
canvassing board
, except that mail ballot packets shall be prepared in accordance with the following:
(ix)
All deposited ballots shall be counted as provided in this act and by rules promulgated by the
secretary of
state
canvassing board
. A mail ballot shall be valid and counted only if it is returned in the return
‑
verification envelope, the affidavit on the envelope is signed and completed by the voter to whom the ballot was issued and the information on the envelope is verified in accordance with paragraph (viii) of this subsection. If the election official determines that a voter to whom a replacement ballot has been issued has voted more than once, the official shall not count any ballot cast by that voter.
22
‑
29
‑
501.
Political action committees.
(d)
The
secretary of
state
canvassing board
shall prescribe and furnish the forms for reporting contributions and expenditures for special district ballot proposition elections together with written instructions for completing the form and a warning that violators are subject to civil and criminal charges. The forms along with instructions and warning shall be distributed to the county clerk and shall be given by the county clerk to each political action committee upon formation.
Section 2
.
(a)
The additional member of the state canvassing board as provided by W.S. 22
‑
16
‑
115 shall be appointed not later than March 1, 2024 and the term of that appointed member shall expire at the same time as the term of the elected members of the state canvassing board as provided by W.S. 22
‑
16
‑
115(c). Once the additional member is appointed, the board may take any action authorized by this section. On July 1, 2024, the functions within the secretary of state's office that administer elections shall be transferred to the state canvassing board as provided by this act. All positions, personnel, property, equipment, funding, authority and obligations related to elections transferred to the state canvassing board by this act shall be under the control of the state canvassing board on July 1, 2024.
(b)
Notwithstanding any conflicting provision of law, on July 1, 2024, the governor shall transfer to the state canvassing board those positions, personnel, property, funds and equipment within the secretary of state's office as necessary to implement the provisions of this act. The secretary of state and the state canvassing board shall work collaboratively to develop recommendations to the governor regarding which positions, personnel, property, funds and equipment shall be transferred to implement this act. Any unexpended, unobligated funds and any positions identified under this subsection as of July 1, 2024 shall be transferred to the state canvassing board on July 1, 2024.
(c)
The secretary of state and the state canvassing board shall work collaboratively to develop appropriate budget requests for the 2025
‑
2026 biennial budget that reflect the transfer of positions, personnel, property, equipment and authority mandated by this act.
(d)
Nothing in this act shall be construed to impair existing contracts, agreements or other obligations of the secretary of state related to elections that the secretary of state entered into before July 1, 2024. The state canvassing board shall, to the greatest extent possible, fulfill existing agreements, contracts and other obligations related to elections entered into before July 1, 2024. The validity of any rule, regulation, contract, agreement or other obligation relating to elections is not affected by this act through June 30, 2024.
(e)
The state canvassing board shall have the authority to prepare, propose and adopt elections rules as authorized by section 1 of this act, provided that the rules shall not be effective before July 1, 2024. The board may adopt rules that are substantially similar to the rules previously adopted by the secretary of state. The board may take other actions prior to July 1, 2024 as are necessary to execute the duties the board will assume under this act on July 1, 2024.
Section 3
.
(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)
Section 1 of this act is effective July 1, 2024
.
(END)
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