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HJ0008 • 2023

Ballot initiative process.

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to modify requirements for laws to be enacted by initiative and for acts of the legislature to be approved or rejected by referendum, amending the signature requirements for initiative and referendum petitions; repealing the requirement that a petition be signed by fifteen percent (15%) of those resident in at least two-thirds (2/3) of the counties in the state; amending the voting requirements for the passage of initiatives and referendums; repealing the prohibition on initiatives that dedicate revenues and make appropriations.

Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Provenza
Last action
2023-01-31
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The official source material does not provide detailed information on the potential impact of the proposed changes on voter participation or other aspects of the initiative process beyond what is explicitly stated in the bill text.

Ballot Initiative Process Changes

This resolution proposes changes to the Wyoming Constitution regarding ballot initiatives, including altering signature requirements for petitions and changing voting thresholds.

What This Bill Does

  • Changes the number of signatures needed on a petition from fifteen percent (15%) of voters in two-thirds (2/3) of counties to five percent (5%) of those who voted for governor.
  • Removes the requirement that petitions must be signed by residents in at least two-thirds (2/3) of Wyoming's counties.
  • Changes the voting threshold from a majority vote to more than fifty percent (50%) of votes cast on the measure.

Who It Names or Affects

  • Voters who want to start ballot initiatives or referendums in Wyoming.
  • The state government responsible for processing these petitions and implementing any approved measures.

Terms To Know

Initiative
A process where citizens can propose new laws directly through a petition.
Referendum
An opportunity for voters to approve or reject legislation passed by the state legislature.

Limits and Unknowns

  • The resolution did not pass and was not considered for introduction.
  • It is unclear how these changes would affect voter participation in ballot initiatives.

Bill History

  1. 2023-01-31 House

    H Did not Consider for Introduction

  2. 2023-01-25 House

    H Received for Introduction

  3. 2023-01-24 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0586
2023
STATE OF WYOMING
23LSO-0586
Numbered
2.0

House Joint Resolution NO. HJ0008

Ballot initiative process.

Sponsored by: Representative(s) Provenza, Berger, Chestek, Niemiec and Zwonitzer, Dn and Senator(s) Barlow and Gierau

A JOINT RESOLUTION

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to modify requirements for laws to be enacted by initiative and for acts of the legislature to be approved or rejected by referendum, amending the signature requirements for initiative and referendum petitions; repealing the requirement that a petition be signed by fifteen percent (15%) of those resident in at least two-thirds (2/3) of the counties in the state; amending the voting requirements for the passage of initiatives and referendums; repealing the prohibition on initiatives that dedicate revenues and make appropriations.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.

The following proposal to amend Wyoming Constitution, Article 3, Section 52(c)(i), (f) and (g) and to repeal (c)(ii) is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

(a)

Article 3, Section 52(c)(ii) is repealed.

(b)

Article 3, Section 52(c)(i), (f) and (g) is amended as follows:

Article 3, Section 52.

Initiative and referendum.

(c)

After certification of the application, a petition containing a summary of the subject matter shall be prepared by the secretary of state for circulation by the sponsors.

The petition may be filed with the secretary of state if it meets both of the following requirements:

(i)

It is signed by qualified voters, equal in number to
fifteen percent (15%)
five percent (5%)
of those who voted
for the office of governor
in the preceding general election
.
; and

(f)

If votes in an amount in excess of fifty percent (50%) of those voting
in the general election
on the measure

are cast in favor of adoption of an initiated measure, the measure is enacted.

If votes in an amount in excess of fifty percent (50%) of those
voted in the general election
voting on the measure
are cast in favor of rejection of an act referred, it is rejected.

The secretary of state shall certify the election returns. An initiated law becomes effective ninety (90) days after certification, is not subject to veto, and may not be repealed by the legislature within two (2) years of its effective date.

It may be amended at any time.

An act rejected by referendum is void thirty (30) days after certification.

Additional procedures for the initiative and referendum may be prescribed by law.

(g)

The initiative shall not be used to
dedicate revenues, make or
repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, enact local or special legislation, or enact that prohibited by the constitution for enactment by the legislature. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.

Section 2.

That the Secretary of State shall endorse the following statement on the proposed amendment:

The Wyoming Constitution allows the people of the state to propose and enact laws by initiative and to approve or reject acts of the legislature by referendum. This amendment would change the requirement for petition signatures for an initiative or referendum. Currently, a petition must be signed by fifteen percent (15%) of the qualified voters in at least two-thirds (2/3) of the counties as determined by those who voted in the preceding general election. This amendment would change the requirement for petition signatures to require at least five percent (5%) of the qualified voters as determined by those who voted for the office of governor in the preceding general election and would remove the requirement that the petition be signed by qualified voters in at least two-thirds (2/3) of the counties. Additionally, the Wyoming Constitution requires that an initiative and a referendum receive votes in favor of the measure in an amount greater than fifty percent (50%) of the total number of electors voting in the election to pass. This amendment would change the requirement for an initiative or referendum to pass to be more than fifty percent (50%) of votes in favor of the measure from those electors voting on the measure. Finally, the Wyoming Constitution currently prohibits an initiative from dedicating revenues and making appropriations. This amendment would allow initiatives to dedicate revenues and make appropriations.

(END)

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