Read the full stored bill text
24LSO-0233
2024
STATE OF WYOMING
24LSO-0233
Numbered
2.0
HOUSE BILL NO. HB0037
Election offenses-intimidation.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
AN ACT relating to elections; creating the misdemeanor offense of election intimidation; creating the felony offense of aggravated election intimidation; providing for penalties; repealing an inconsistent provision; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 22
‑
26
‑
122 is created to read:
22
‑
26
‑
122.
Election intimidation.
(a)
Election
intimidation consists of:
(i)
Inducing, or attempting to induce, fear in an election official or elector by use of verbal threats of force, violence, harm or loss, or any form of economic retaliation, with the intent to impede or prevent the free exercise of the elective franchise or the impartial administration of the Election Code; or
(ii)
Soliciting the contribution of funds, other items of value or election assistance to the campaign of any candidate, candidate's committee, political action committee or sponsors of a ballot proposition, by use of verbal threats of physical violence or any form of economic or official retaliation.
(b)
It is not a defense to a prosecution under this section that the defendant did not in fact possess the ability to carry out the threat made.
Section 2.
W.S. 22
‑
17
‑
101(a)(v), 22
‑
26
‑
101(a)(x), 22
‑
26
‑
111(a) and 22
‑
26
‑
112(a) by creating a new paragraph (xi) are amended to read:
22
‑
17
‑
101.
Right to contest elections; exception; grounds.
(a)
A qualified elector may contest the right of a person declared elected to an office in the elector's county, municipality, district or precinct, other than the office of state legislator, United States president and vice
‑
president and presidential elector, on the following grounds:
(v)
The person whose election is contested violated the provisions of W.S. 22
‑
26
‑
101 through
22
‑
26
‑
121
22
‑
26
‑
122
.
22
‑
26
‑
101.
Felony offenses generally.
(a)
The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:
(x)
Aggravated election i
ntimidation
under W.S. 22
‑
26
‑
111
;
22
‑
26
‑
111.
Aggravated election intimidation.
(a)
Aggravated election i
ntimidation consists of:
(i)
Inducing, or attempting to induce, fear in an election official or elector by use
of threats
of force, violence, harm or loss,
or any form of economic retaliation, for the purpose of impeding or preventing
with the intent to impede or prevent
the free exercise of the elective franchise or the impartial administration of the Election Code; or
(ii)
Soliciting the contribution of funds, other items of value or election assistance to the campaign of any candidate, candidate's committee, political action committee or sponsors of a ballot proposition, by use
of threats
of physical violence
.
or any form of economic or official retaliation.
22
‑
26
‑
112.
Misdemeanor offenses generally.
(a)
Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:
(xi)
Election intimidation under W.S. 22
‑
26
‑
122.
Section 3.
W.S. 22
‑
26
‑
111(b) is repealed.
Section 4
.
This act is effective July 1, 2024
.
(END)
1
HB0037