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25LSO-0191
2025
STATE OF WYOMING
25LSO-0191
Numbered
2.0
HOUSE BILL NO. HB0035
Vacancies in elected office.
Sponsored by: Representative(s) Harshman and Larson, JT and Senator(s) Anderson and Crum
A BILL
for
AN ACT relating to elections; amending procedures for filling vacancies in specified federal and state offices; requiring special elections as specified; making conforming amendments; repealing obsolete provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 9
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1
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212, 9
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1
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802(e), 22
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2
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101(a)(iii), 22
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2
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110(a), 22
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2
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111(a), 22
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18
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103, 22
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18
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105 through 22
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18
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109, 22
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18
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111(a)(intro) and (iii)(intro) and 28
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1
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106 are amended to read:
9
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1
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212.
Vacancy in office of governor; term of successor; when election held to fill unexpired term; requirements of elections; term of person elected.
Whenever the powers and duties of the office of the governor of the state of Wyoming devolve upon any other person as provided in W.S. 9
‑
1
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211(a), the person acting as governor shall continue to act as governor until the end of the term of the governor if the office is assumed less than sixty (60) days before the next general election. If the office is assumed more than sixty (60) days before a general election the person acting as governor shall
issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election, and the election, together with the returns and canvass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board canvasses the vote of the election and declares a person at the election to be elected as governor, the person
call for a special election as provided in W.S. 22
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18
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103 through 22
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18
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109. The candidate issued a certificate of election under W.S. 22
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18
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109
shall, within thirty (30) days after the
canvass
issuance of the certificate
, or as soon thereafter as possible, qualify and assume the duties and powers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of the governor.
9
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1
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802.
Election; term; qualifications; full
‑
time; private practice prohibited; exception; salary; vacancies.
(e)
A vacancy in the office of district attorney shall be filled by the board or boards of county commissioners under the procedure for filling vacancies in the office of a member of the state legislature or state senator established by W.S.
22
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18
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111
22
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18
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111(a)(iii)(A) through (D)
. Vacancies shall be filled until the next general election and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.
22
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2
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101.
Applicability and construction of Election Code generally.
(a)
Chapters 1 through 28 of this Election Code apply to the following elections:
(iii)
Special elections to fill vacancies
in the office of representative in congress
under W.S. 22
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18
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103 through 22
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18
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109, provided that the provisions of W.S. 22
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18
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103 through 22
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18
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109 shall control if inconsistent with chapters 1 through 28 of this Election Code
;
22
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2
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110.
Computing periods of time.
(a)
Except for special elections to fill vacancies
for a congressman
under W.S.
22
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18
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105
22
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18
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103
through 22
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18
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109, periods of time are computed by excluding the specific day and counting the prescribed number of days, including Saturdays, Sundays and full legal holidays. If the first day of a time period falls on a Saturday, Sunday or full legal holiday, the preceding day which is not a Saturday, Sunday or full legal holiday shall be used. If the last day of a time period falls on a Saturday, Sunday or full legal holiday, the next day which is not a Saturday, Sunday or full legal holiday shall be used.
All days, except the specific day, but including the last day, shall be used to compute the time limits established under W.S.
22
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18
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105
22
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18
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103
through 22
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18
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109 unless the last day of a time period falls on a Saturday, Sunday or full legal holiday in which case the next day which is not a Saturday, Sunday or full legal holiday shall be used.
22
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2
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111.
Employees time off to vote.
(a)
Any person entitled to vote at any primary or general election or special election to fill a vacancy
in the office of representatives in the congress of the United States
under W.S. 22
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18
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103 through 22
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18
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109
is, on the day of such election, entitled to absent himself from any service or employment in which he is then engaged or employed for a period of one (1) hour, other than meal hours, the hour being at the convenience of the employer, between the time of opening and closing of the polls. Such elector shall not, because of so absenting himself, lose any pay, providing he actually casts his legal vote.
22
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18
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103.
Filling vacancies in federal and state offices; generally.
A vacancy in the office of
United States senator,
representative in congress
, member of the state legislature or an elected state official
shall be filled
for the unexpired term at a special election called for the purpose by the governor, provided the vacancy does not occur within six (6) months of the next general election
as provided in W.S. 22
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18
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103 through 22
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18
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109. For purposes of W.S. 22
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18
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103 through 22
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18
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109, "vacated office" means an office specified in this section
.
22
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18
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105.
Filling vacancy of congressman; whether filled at general or special election; procedure.
(a)
If the
Except for temporary appointments in W.S. 22
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18
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111 and except for vacancies in the office of a member of the state legislature within the time specified in W.S. 22
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18
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111(a)(iii), a
vacancy
in the office of representative in congress
that
occurs within
six (6) months prior to the next general election, the vacancy
the following time period
shall be filled at the general election
:
. Otherwise
(i)
Six (6) months of the next general election
for the office of United States senator or representative in congress;
(ii)
Three (3) months of the next general election for the office of a member of the state legislature, secretary of state, state auditor, state treasurer or superintendent of public instruction;
(iii)
Sixty (60) days of the next general election for the office of governor.
(b)
A vacancy that occurs outside the time period specified in subsection (a) of this section shall be filled for the unexpired term at a special election.
Unless the Tuesday falls on a full legal holiday,
the special election shall occur on the
first
Tuesday
next
following the
:
(i)
E
ighty
‑
ninth day after the vacancy occurs
, unless that
for the office of United States senator or representative in congress;
(ii)
Thirty
‑
ninth day after the vacancy occurs for the office of a member of the state legislature, secretary of state, state auditor, state treasurer or superintendent of public instruction;
(iii)
Twenty
‑
ninth day after the vacancy occurs for the office of governor.
(c)
If the
Tuesday falls on a full legal holiday
,
in which case
the
special
election shall occur on the next Tuesday
which
that
is not a full legal holiday.
(d)
The governor
or acting governor pursuant to W.S. 9
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1
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211 and 9
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1
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212
shall declare
the
a
vacancy and issue
the
a
writ of election within five (5) days after the vacancy occurs.
The writ shall be issued to the county clerk of each county voting for the office and to the secretary of state. The writ shall specify the day of the election.
22
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18
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106.
Filling vacancies in federal and state offices; nominations.
An elector qualified to hold
the
a vacated
office
of representative in congress shall
may
be nominated by
the state central committee of the respective parties to fill a vacancy for the unexpired term of that office
filing a signed petition in substantially the form specified in W.S. 22
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5
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301(a)
. Nominations
from such parties
shall be filed with the secretary of state and fees paid within seven (7) days after the vacancy is officially declared.
Independent candidates shall file an application and pay the filing fee with the secretary of state within seven (7) days after the vacancy is officially declared.
22
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18
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107.
Filling vacancies in federal and state offices; certification of candidates.
Within five (5) days after the end of the candidate filing period
specified in W.S. 22
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18
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106
, the secretary of state shall certify to the clerks of counties voting to fill the vacancy the name of each candidate qualified to appear on the ballot
,
and
his
the candidate's
party affiliation or independent status
, if declared
.
22
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18
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108.
Filling vacancies in federal and state offices; party requirements.
A candidate for the unexpired term of
the
a vacated
office
of representative in congress
may seek election only as a candidate of the political party in which
he
the candidate
was registered on the date the vacancy occurred. A candidate for the unexpired term of
a vacated
office
of representative in congress
who was not registered with a party on the date the vacancy occurred may run only as an independent.
22
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18
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109.
Conduct of special election; preparation of ballot.
A 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 certification under W.S. 22
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18
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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
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18
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111.
Vacancies in other offices; temporary appointments.
(a)
Any vacancy in any other elective office in the state except
representative in congress or
the offices specified in W.S. 22
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18
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103
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
Except as provided in W.S. 22
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18
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105
, if a vacancy in a four (4) year term of office occurs in the term's second or subsequent years after the first day for filing an application for nomination pursuant to W.S. 22
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5
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209, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term.
The following apply:
(iii)
Notwithstanding W.S. 22
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18
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103 through 22
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18
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109, i
f a vacancy occurs in the office of a member of the state legislature
not more than forty
‑
five (45) days before the first day of the general or budget session of the legislature
:
28
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1
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106.
Resignation of office.
(a)
Resignation of the office of a member of the senate or house of representatives shall be made to the governor, who shall immediately notify the
following of the resignation:
(i)
The secretary of state, who shall notify the county clerks of the counties in which the legislative district is located;
(ii)
The presiding officer of the house of which the person is a member;
(iii)
If the resignation occurs in the time periods specified in W.S. 22
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18
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111(a)(iii), the
state central committee of the party which the member represented at the time of
his
election under W.S. 22
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6
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120(a)(vii), or at the time of
his
appointment if not elected to office
.
, of the resignation.
If the resigning member did not represent a political party at the time of
his
election, or at the time of
his
appointment if not elected to office, the governor shall notify the appropriate boards of county commissioners who shall proceed in accordance with W.S. 22
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18
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111(a)(iii)(C).
(b)
For purposes of this section
,
a person shall be considered to "represent" a political party if
he
the person
was a nominee of that political party when elected to office or when appointed to fill a vacancy in office.
Section 2.
W.S. 22
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18
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104 and 22
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18
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111(a)(i) are repealed.
Section 3.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0035