Runoff elections.

23LSO-0213
2023
STATE OF WYOMING
23LSO-0213
Numbered
2.0

HOUSE BILL NO. HB0259

Runoff elections.

Sponsored by: Representative(s) Neiman, Angelos, Bear, Davis, Haroldson, Heiner, Jennings, Ottman, Penn, Slagle, Smith, Strock, Ward and Winter and Senator(s) Boner and Ide

A BILL

for

AN ACT relating to elections; requiring a runoff election after a primary election for specified offices when no candidate receives a majority of the vote; providing the format of the runoff ballot; changing the date for primary elections; amending related dates; making conforming changes; amending election contribution laws; providing that the act is contingent upon adoption of a constitutional amendment; providing an appropriation; and providing for effective dates.

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

Section 1
.

W.S. 22
‑
5
‑
601 and 22
‑
6
‑
130 are created to read:

ARTICLE 6
RUNOFF ELECTIONS

22
‑
5
‑
601.

Runoff elections for nominations.

(a)

For nominations for governor, secretary of state, state treasurer, state auditor, state superintendent of public instruction and any federal office, a runoff election shall be held with respect to that nomination if no candidate, including any write
‑
in candidate, receives more than fifty percent (50%) of the votes cast for the respective partisan office on the primary ballot.

The candidates in the runoff election shall be the two (2) candidates who received the highest number of votes in their respective partisan primary election except:

(i)

If more than two (2) candidates in a partisan primary election tie for the highest number of votes in the primary election, the state canvassing board shall cast lots to determine which two (2) shall be runoff election candidates; or

(ii)

If two (2) or more candidates in a partisan primary election tie for the second highest number of votes

in the primary election, the state canvassing board shall cast lots to determine who shall be the second candidate in the runoff election.

(b)

Notwithstanding W.S. 22
‑
5
‑
401, if any candidate eligible to be in a runoff election withdraws, dies or is determined ineligible before the runoff election, that candidate shall be ineligible for the runoff election and the two (2) remaining eligible candidates receiving the highest number of votes in accordance with subsection (a) of this section shall be the candidates in the runoff election.

(c)

If required under this section, runoff elections shall be held on the first Tuesday after the second Monday in August in general election years.

(d)

The candidate who receives the highest number of votes in the runoff election shall be nominated.

(e)

In the event of a tie, the state canvassing board shall cast lots pursuant to W.S. 22
‑
16
‑
119.

(f)

To the extent this section conflicts with other sections of this Election Code, this section shall apply.

(g)

All costs incurred in carrying out a runoff election under this section shall be borne by the secretary of state who shall reimburse the county treasurer for the costs paid by the county for the runoff election.

There is created the runoff election account.

Funds in the account shall not revert and are continuously appropriated to the secretary of state for costs related to administering runoff elections as provided in this section.

Earnings from the account shall be deposited in the general fund.

22
‑
6
‑
130.

Format of runoff election ballot.

(a)

Pursuant to W.S. 21
‑
5
‑
601, the primary runoff election ballot of each major political party shall be printed in substantial compliance with this format:

(i)

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

(ii)

On the first line shall be printed the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct;

(iii)

On the second line shall be printed the following instructions: "To vote for a person whose name is printed on the ballot, mark the square immediately adjacent to the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write the person's name in the blank space provided for that purpose and mark the square immediately adjacent to the name of the person.";

(iv)

Candidates for different offices in the same runoff election shall be arranged in separate groups in the order specified by W.S. 22
‑
6
‑
117. At the top of each group shall appear the title of the office. Adjacent to the title of the office shall be printed "Vote for one";

(v)

Below the list of candidates in each group shall be printed a blank line for a write
‑
in candidate;

(vi)

Adjacent to the name of each candidate and blank line shall be printed a square for marking the vote. No square shall appear at the top of a column.

Section 2.

W.S. 22
‑
1
‑
102(a)(xxx)(E) and (lii), 22
‑
2
‑
101(a)(ii), 22
‑
2
‑
104(b) and (d), 22
‑
2
‑
108, 22
‑
2
‑
109(a) and by creating a new subsection (d), 22
‑
2
‑
111(a), 22
‑
2
‑
113(e), 22
‑
3
‑
102(a)(intro) and by creating a new subsection (f), 22
‑
3
‑
109(a), 22
‑
4
‑
402(a) and (e), 22
‑
5
‑
101, 22
‑
5
‑
209, 22
‑
5
‑
214, 22
‑
5
‑
215, 22
‑
5
‑
219(a) and by creating new subsections (c) and (d), 22
‑
6
‑
101, 22
‑
6
‑
102(a), 22
‑
6
‑
105, 22
‑
6
‑
107, 22
‑
7
‑
101, 22
‑
8
‑
101(a), (b) and (d), 22
‑
8
‑
116, 22
‑
16
‑
102(a), 22
‑
16
‑
103(c)(i), 22
‑
16
‑
106(a) and (b), 22
‑
16
‑
118, 22
‑
16
‑
121(a), 22
‑
16
‑
122(c) and (f), 22
‑
17
‑
102(a)(intro), 22
‑
21
‑
103, 22
‑
21
‑
104, 22
‑
22
‑
202(a), 22
‑
23
‑
303, 22
‑
25
‑
101(d)(i)(C), 22
‑
25
‑
102(c)(i)(B), (j) and (m), 22
‑
25
‑
104, 22
‑
25
‑
105(a), 22
‑
25
‑
106(a)(i), (b)(i), (h)(intro) and (ii), 22
‑
25
‑
107(b), 22
‑
26
‑
113(a)(intro) and 22
‑
29
‑
110(a) and (b) are amended to read:

22
‑
1
‑
102.

Definitions.

(a)

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

(xxx)

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

(E)

If a person
removes
moves
to another state with the intent of making it his residence, he loses his residence in Wyoming; except that in a general election year, if his registration is valid in Wyoming when he leaves this state and he is unable to qualify under the laws of his new state of residence to vote at the primary or general election, he shall be deemed to have retained residence in Wyoming for purposes of voting by absentee ballot in the primary
, runoff
or general election;

(lii)

"Unsuccessful candidate" means a person who did not win the election but whose name was printed on the ballot and who received one (1) or more votes in the primary
or runoff
election;

22
‑
2
‑
101.

Applicability and construction of Election Code generally.

(a)

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

(ii)

Primary elections
and runoff elections under W.S. 22
‑
5
‑
601
;

22
‑
2
‑
104.

Election dates.

(b)

A primary election shall be held at the regular polling places for each precinct on the first Tuesday after the
third
first
Monday in
August
May
in general election years for the nomination of candidates for partisan and nonpartisan offices to be filled at the succeeding general election and for the election of major party precinct committeemen and committeewomen.
If required under W.S. 22
‑
5
‑
601, a runoff election shall be held at the regular polling places for each precinct on the first Tuesday after the second Monday in August in general election years.

(d)

Every bond election shall be held
on the same day as a primary election or a general election, or
on the first Tuesday after the first Monday in May or November
.
, or on the first Tuesday after the third Monday in August.

22
‑
2
‑
108.

Secretary of state to certify officers to be elected.

Between the twenty
‑
fourth day of April and the third day of May in each general election year,
Not less than one hundred (100) and not more than one hundred ten (110) days before the primary election,
the secretary of state shall transmit to the county clerk of each county a certified list stating what

officers, other than county and precinct officers, are to be nominated or elected at the election.

22
‑
2
‑
109.

County clerk to publish proclamation.

(a)

Between
one hundred one (101) and
ninety
‑
one (91)
and eighty
‑
one (81)
days before each primary election
,
the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk's office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the filing deadline for the offices and the requirements for filing statements of campaign contributions and expenditures. The proclamation shall also include the aforementioned information regarding offices to be filled at the general election
, the date that a runoff election would occur if necessary
and any other pertinent primary election information. In addition, the description of any ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district shall be included.

(d)

Not later than fifteen (15) days before any runoff election required by W.S. 22
‑
5
‑
601, the county clerk in each applicable county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk's office and at the place where each municipality within the county regularly holds its council meetings a notice of election setting forth the date of the runoff election and a sample ballot pursuant to W.S. 22
‑
6
‑
105.

22
‑
2
‑
111.

Employees time off to vote.

(a)

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

22
‑
2
‑
113.

Availability and form of registry lists; use of copies; election record; purging.

(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
following a general election
year and shall notify the secretary of state upon completion, but not later than February 15 of
each
the
year
following a general election year
.

22
‑
3
‑
102.

Qualifications; temporary registration.

(a)

Except as provided in subsection (f) of this section, a
person may register to vote not less than fourteen (14) days before an election, at any election specified in W.S. 22
‑
2
‑
101(a)(i) through (viii) or as provided by W.S. 22
‑
3
‑
117, who satisfies the following qualifications:

(f)

To qualify as an eligible voter in a runoff election required by W.S. 22
‑
5
‑
601, the person shall be a registered voter in the jurisdiction where a runoff election is being held and shall be currently registered in the same political party by which they were eligible to vote at the time of the applicable primary election, including voters who registered at the polls at the primary election.

22
‑
3
‑
109.

Certification and transmittal of poll lists; posting of registry lists.

(a)

Not less than ten (10) days before any election, the county clerk shall certify and transmit to the officer in charge of each election at his request the necessary poll lists for the precincts or areas involved in the election. Not less than ten (10) days prior to the primary and general elections
and not less than five (5) days prior to a runoff election required by W.S. 22
‑
5
‑
601,
the county clerks shall upon request deliver
up to three (3)
a
poll
lists
list
for each precinct in the county to the county chairman of each political party in the respective counties.

22
‑
4
‑
402.

Petition; form; validity.

(a)

Any group of persons desiring to form a new political party within this state shall file a petition with the secretary of state not later than
June
February
1 in any general election year in which the party seeks to qualify for the general election ballot.

(e)

The petition shall be circulated no earlier than
April
January
1 of the year preceding the general election.

22
‑
5
‑
101.

How candidates nominated.

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

22
‑
5
‑
209.

Time for filing nomination applications; certified list.

An application for nomination shall be filed not more than
ninety
‑
six (96)
ninety (90)
days and not later than
eighty
‑
one (81)
eighty (80)
days next preceding the primary election. Not later than
sixty
‑
eight (68)
seventy
‑
five (75)
days before a primary election
,
the secretary of state shall transmit to each county clerk a certified list of persons whose applications have been filed in the office of the secretary of state stating as to each his name, age, address, office sought and party affiliation.

22
‑
5
‑
214.

Change in party affiliation.

An elector may change his party affiliation by completing an application signed before a notarial officer or election official, and filing it with the county clerk not less than fourteen (14) days before the primary election or at the polls on the day of the primary or general election, or when requesting an absentee ballot
for the primary or general election
.

22
‑
5
‑
215.

Nomination of partisan candidates and write
‑
in candidates.

Except as provided in W.S. 22
‑
5
‑
601, o
n each party ballot the candidate or candidates equal in number to the number to be elected to each office who receive the largest number of votes shall be nominated and shall be entitled to have their names printed on the ballot for the next general election. A write
‑
in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least twenty
‑
five (25) write
‑
in votes in the primary election and is a registered voter in the political party for which he was nominated on the day of the primary election. An unsuccessful candidate for office at a primary election whose name is printed on any party ballot may not accept nomination for the same office at the next general election.

22
‑
5
‑
219.

Further action by nominees or elect not required; exception.

(a)

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

(c)

Major party precinct committeemen and committeewomen elected at a primary election shall be deemed elected without further action.

(d)

Each write
‑
in candidate nominated at a primary or runoff election shall comply with the provisions of W.S. 22
‑
16
‑
106.

22
‑
6
‑
101.

Certification of candidates nominated; printing of names.

Not less than sixty (60) days before each general election the secretary of state shall transmit to each county clerk under party headings a certified list of the name and address of each person nominated by primary
or runoff
election as indicated by the state canvass, the name of each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought.

The names of these candidates shall be printed on the official ballot of the general election.

22
‑
6
‑
102.

County clerk to print ballots; exception.

(a)

The county clerk shall print official ballots for
his
the
county, for all primary,
runoff,
general and special elections.

22
‑
6
‑
105.

Sample ballots; publication.

The officer providing the official ballots shall publish sample ballots at least once in a newspaper of general circulation in the district in which each primary
, runoff
and general election is held within two (2) weeks prior to the election. This notice shall also state that the names of candidates will be rotated on the official ballots and will not always appear in the order indicated in the sample ballots.

22
‑
6
‑
107.

Time for possession of ballots and labels.

(a)

Official ballots for primary
, runoff
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 shall provide by rule and regulation for the clerk to obtain and use substitute ballots.

(b)

Notwithstanding subsection (a) of this section, county clerks shall make official absentee ballots for primary
, runoff
and general elections available to voters with rights under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, and future acts amendatory or supplemental thereto, forty
‑
five (45) days before the election.

22
‑
7
‑
101.

Election districts.

The board of county commissioners with the advice or recommendation of the county clerk, no later than
its first meeting in May
the third Tuesday in January
in every general election year shall divide the county into not more than thirty (30) election districts.

Each district shall be designated by number. Election districts shall be changed only at this designated meeting.

22
‑
8
‑
101.

Notice of election officials needed; county chairmen to submit list of names; municipal clerks list of names appointment.

(a)

Not later than the
third
first
Tuesday of
April
February
in each general election year, each county clerk shall notify the county chairmen of the major and minor political parties in the county of the number of election judges and counting board members and alternates needed for the ensuing two (2) year term.

(b)

Not later than the
third
first
Tuesday of
May
March
in each general election year the county chairman of each major and minor political party in each county may certify to the county clerk a list of registered electors residing in the county and affiliated with the party, and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, who are willing to serve as a judge of election or as a member of a counting board.

(d)

Not later than
June 30
March 31
, the county clerk on each general election year shall appoint judges of election and counting boards and alternates from lists submitted by the county chairmen of the major and minor political parties.

22
‑
8
‑
116.

Compensation.

Judges of election and members of counting boards shall be compensated for services at a rate to be determined by the board of county commissioners
at the June
not later than the board's March
meeting and stated on the notice sent to each nominee. The rate shall be not less than the state minimum wage. Compensation shall begin one (1) hour before a member assumes his duties. The election official who delivers the returns shall receive additional compensation for necessary travel beyond ten (10) miles at the rate authorized for county employees. If a flat rate is paid, said sum shall not be less than the state hourly minimum wage multiplied by the number of hours the polls are open plus one (1) hour.

22
‑
16
‑
102.

Abstract of vote; returns not filed.

(a)

The county clerk shall prepare an abstract of the vote of all precincts in the county following a county primary,
runoff,
special or general election.

The abstract shall contain all items required in W.S. 22
‑
16
‑
103(c)(viii).

22
‑
16
‑
103.

County canvass procedures.

(c)

The county canvassing board shall:

(i)

Meet as soon as all returns have been received and abstracted, but if any provisional ballots have been cast in the county, not before the time has passed for provisional voters to document their eligibility to register or to vote.

The board shall meet at a time and place designated by the county clerk, but no later than the
first Friday
second Wednesday
following the election;

22
‑
16
‑
106.

Write
‑
in candidates.

(a)

Each write
‑
in candidate nominated at a primary
or runoff
election, who has not previously filed an application for nomination shall accept nomination by filing an application for nomination and paying the filing fee in the office in which he would have been required to file an application for nomination to that office.

(b)

The chief election officer shall notify a write
‑
in candidate who has been nominated at a primary
or runoff
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.

22
‑
16
‑
118.

Meeting of state canvassing board.

The state canvassing board shall meet no later than the
second
third
Wednesday following the election. The secretary of state shall send a messenger to obtain official county abstracts not filed in a reasonable length of time. The canvassing board shall meet at the time and place set by the secretary of state. The board shall review the state abstracts prepared by the secretary of state, compare them with the tabulation and materials prepared by the secretary of state, resolve any tie votes, and certify the abstract as the official state canvass.

22
‑
16
‑
121.

Certificates of nomination and election following state or county canvass.

(a)

When the state canvass is concluded, the secretary of state shall issue a certificate of nomination to each candidate nominated at a primary
or runoff
election and certify the names of nominees as provided in W.S. 22
‑
6
‑
101.
If a runoff election is required under W.S. 22
‑
5
‑
601, not later than two (2) days following the state canvassing board meeting for the primary election, the secretary of state shall provide notice of the runoff election and nominations to the county clerks.
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.

(c)

If only certain precincts are allowed to vote in the special election, the votes received in the special election shall be added to the unofficial results not declared null and void for that office from the initial primary,
runoff or
general election or other special election.

(f)

The special election shall be held if necessary no later than the third Tuesday after the primary,
runoff,
general or other special election and may be held by a special mail ballot election as provided in W.S. 22
‑
16
‑
123.

The special election shall be conducted by the county clerk as nearly as possible in the manner of a primary
, runoff
or general election, except only those registered in the precinct at the close of polls on the election day of the primary,
runoff,
general or other special election in question shall be permitted to vote in the special election.

If the election is held as a special mail ballot election, the election shall be held as provided in W.S. 22
‑
16
‑
123.

22
‑
17
‑
102.

Commencement by verified petition; contents.

(a)

Election contests for all primary
and runoff
election offices and all general election offices other than state legislators, United States president and vice
‑
president and presidential elector, may be commenced by the contestant filing with the clerk of the district court of the county, within fourteen (14) days after the results of the election have been certified by the canvassing board, a verified petition setting forth specifically:

22
‑
21
‑
103.

How bond question to be submitted to electors; contents.

Each bond question shall be submitted to a vote of the qualified electors of the political subdivision. Every bond election shall be held on
the same day as a primary election or a general election, or on
the Tuesday next following the first Monday in May or November
.
, or on the Tuesday next following the third Monday in August.
Not less than one hundred ten (110) days before a bond election, the political subdivision shall provide written notification to the county clerk specifying the date of the election and the bond question. The bond question shall state the purpose of the bonds, the maximum principal amount thereof, the maximum number of years allowed for the indebtedness and the maximum rate of interest to be paid thereon. The secretary of state may promulgate reasonable rules for

conducting bond elections where the election is not held at the same time as the general or primary election.

22
‑
21
‑
104.

Publication or posting of election notice; contents.

Between
one hundred one (101) and ninety
‑
one (91) days before a bond election held in conjunction with a primary or other August election and between
ninety (90) and seventy (70) days before a bond election held in conjunction with a May, general or other November election, the county clerk shall publish notice of the election at least once in a newspaper of general circulation in the political subdivision. If there is no newspaper of general circulation in the political subdivision, notice shall be posted at each polling place in the political subdivision between ninety (90) and seventy (70) days before the election. Any notice of election hereunder shall specify the name of the political subdivision, the date, time and place of election, the question or questions to be submitted, and the fact that only qualified electors of the political subdivision may vote thereon. If a bond election

is being held within a political subdivision at the same time and place as a regular or other election, the notice of bond election may, at the discretion of the county clerk, be combined with and given in the same manner as the notice of the regular or other election in such political subdivision.

22
‑
22
‑
202.

Filing of application; form.

(a)

A qualified elector may be nominated for the office of school district trustee or member of a community college board by filing an application for election in the office of the county clerk not more than ninety (90) nor less than
seventy (70)
eighty (80)
days prior to the election. The application shall be in substantially the following form:

APPLICATION FOR ELECTION FOR SCHOOL OR
COMMUNITY COLLEGE TRUSTEE

I, the undersigned, swear or affirm that I was born on ...., ....(year), and that I have been a resident of the State of Wyoming since ...., and that I am a registered voter of the .... school district or community college district (and resident of trustee residence area or subdistrict ...., if any), residing at ...., and I do hereby request that my name, ...., be printed on the ballot of the election to be held on the .... day of ...., ....(year), as a candidate for the office of .... for a term of .... years. I hereby declare that if I am elected, I will qualify for the office.

Dated: ....

.......... (Signature of Candidate)

.... Name as it is to appear on the ballot

22
‑
23
‑
303.

Certification of candidates; names on ballots.

Not later than
sixty
‑
eight (68)
seventy
‑
five (75)
days prior to the primary election, the municipal clerk shall certify to the county clerk the names of all qualified candidates for nomination at the municipal primary election and the office they seek. The number of municipal candidates the voters are entitled to vote for at the primary election is the number of candidates to be elected to municipal offices at the general election.

22
‑
25
‑
101.

Definitions; statement of formation.

(d)

As used in this chapter:

(i)

"Electioneering communication" means, except as otherwise provided by paragraph (ii) of this subsection, any communication, including an advertisement, which is publicly distributed as a billboard, brochure, email, mailing, magazine, pamphlet or periodical, as the component of an internet website or newspaper or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, telephone or cellular system, television station or satellite system and which:

(C)

Is made within thirty (30) calendar days of a primary
or runoff
election, sixty (60) calendar days of a general election or twenty
‑
one (21) calendar days of any special election during which the candidate or ballot proposition will appear on the ballot; and

22
‑
25
‑
102.

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

(c)

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

(i)

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

(B)

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

This subparagraph shall not apply to any candidate unopposed in the primary election
, successfully nominated at the primary election where a runoff election is not required
or nominated in accordance with W.S. 22
‑
4
‑
303 or 22
‑
5
‑
301.

(j)

For purposes of subsection (c) of this section the primary,
runoff,
general and special elections shall be deemed separate elections.

No candidate for political office shall accept, directly or indirectly, contributions which violate subsection (c) of this section.

Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate.

Subsection (c) of this section does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate's campaign committee funds.

(m)

Except as otherwise provided in this section, no political action committee shall contribute directly or indirectly more than five thousand dollars ($5,000.00) per election to any candidate for political office other than statewide political office.

For purposes of this subsection the primary,
runoff,
general and special elections shall be deemed separate elections.

No candidate for political office shall accept, directly or indirectly, contributions which violate this subsection.

Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate.

This subsection does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate's campaign committee funds.

22
‑
25
‑
104.

Restriction on party funds in primary and runoff elections.

No political party funds shall be expended directly or indirectly in the aid of the nomination of any one
(1)
person as against another person of the same political party running in
the
a
primary
or runoff
election.

22
‑
25
‑
105.

Campaign reporting forms; instructions and warning.

(a)

The secretary of state shall prescribe the forms for reporting contributions and expenditures for primary,
runoff,
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.

22
‑
25
‑
106.

Filing of campaign reports.

(a)

Except as otherwise provided in subsections (g) and (j) of this section and in addition to other reports required by this subsection:

(i)

Every candidate, whether successful or not, shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election
, including a runoff election if applicable
. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election
and including a runoff election if applicable
, shall be filed as an amendment to the statement within ten (10) days after the election;

(b)

Reports of itemized statements of contributions and expenditures, and statements of termination shall be made with the appropriate filing officers specified under W.S. 22
‑
25
‑
107 and in accordance with the following:

(i)

Except as otherwise provided in this section, any political action committee and candidate's campaign committee, or any political action committee formed under the law of another state that contributes to a Wyoming political action committee or to a candidate's campaign committee
, which expends any funds in any primary, runoff, general or special election
shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary,
runoff,
general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary,
runoff,
general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;

(h)

An organization that expends in excess of one thousand dollars ($1,000.00) in any primary,
runoff,
general or special election to cause an independent expenditure or electioneering communication to be made shall file an itemized statement of contributions and expenditures with the appropriate filing office under W.S. 22
‑
25
‑
107. The statement shall:

(ii)

Be filed at least seven (7) days but not more than fourteen (14) days before any primary,
runoff,
general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary,
runoff,
general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;

22
‑
25
‑
107.

Where reports to be filed.

(b)

Reports required to be filed at least seven (7) days before any primary,
runoff,
general or special election shall be filed electronically.

22
‑
26
‑
113.

Electioneering too close to a polling place.

(a)

Electioneering too close to a polling place or absentee polling place under W.S. 22
‑
9
‑
125 when voting is being conducted, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards on the day of a primary,
runoff,
general or special election and within one hundred (100) feet on all other days, of any public entrance to the building in which the polling place is located. This section shall not apply to bumper stickers affixed to a vehicle while parked within or passing through the distance specified in this subsection, provided that:

22
‑
29
‑
110.

County clerk to publish proclamation; filing period.

(a)

Between
one hundred one (101) and ninety
‑
one (91) days before an organizational election held in conjunction with a primary or other August election, between
ninety (90) and seventy (70) days before an organizational election held in conjunction with a May, general, November or mail ballot election held at any other time, the county clerk shall publish at least once in a newspaper of general circulation in each county in which all or part of the proposed district is situated a proclamation setting forth the date of the election, what county clerk is the filing officer, the question of formation, what offices are to be filled including the terms of the offices, the filing

period for the offices and other pertinent election information. Minor errors in the proclamation shall not invalidate the forthcoming election.

(b)

Between
ninety
‑
six (96) and eighty
‑
one (81) days before a formation election held in conjunction with a primary or other August election, between
ninety (90) and seventy (70) days before a formation election held in conjunction with a May, general, November or mail ballot election held at any other time, candidates may file an application for election in the office of the county clerk. The principal act shall determine who is eligible to be a candidate. The application shall be in substantially the following form:

APPLICATION FOR ELECTION
SPECIAL DISTRICT DIRECTOR

I, the undersigned, swear or affirm that I was born on ...., (year); that I have been a resident of .... district since ...., residing at ....; that I am an elector or

landowner (check which one for eligibility) of said district and I do hereby request that my name, ...., be printed on the ballot of the formation (or other) election to be held on .... day of ...., (year) as a candidate for the office of director for a term of .... years. I hereby declare that if I am elected, I will qualify for the office.

Dated ....

........................
Signature of Candidate

Section 3
.

Sections 1 and 2 of this act shall be effective only upon certification by the secretary of state that the electors have adopted an amendment to the Wyoming constitution at the 2024 general election revising the date of the reapportionment of the legislature, as provided in 2023 House Joint Resolution 0009.

Section 4.

There is appropriated two million dollars ($2,000,000.00) from the general fund to the runoff election account as provided in W.S. 22
‑
5
‑
601(g).

Section 5.

(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)

Except as provided in section 3 of this act, sections 1 and 2 of this act are effective January 1, 2025
.

(END)

1
HB0259