HB0263 - Election code revisions.
2001 |
State of Wyoming |
01LSO-0474.E1 ENGROSSED |
HOUSE BILL NO. HB0263
Election code revisions.
Sponsored by: Representative(s) Ross and Tempest and
Senator(s) Coe
A BILL
for
1 AN ACT relating to
elections; authorizing political parties
2
to set their own convention and meeting dates; providing
3
for determination and filling of vacancies in elective
4
office; prohibiting unsuccessful candidates at primary
5
election from seeking the same office at the ensuing
6
general election in any manner; requiring specified
7
election forms to contain the address of the candidate;
8
making conforming amendments; and providing for an
9
effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section
1. W.S. 21-3-109(a)(iii), (iv) and by
14 creating a new paragraph (v),
22-2-110(a), 22-4-105,
15 22-4-106, 22-4-110, 22-4-111,
22-4-115, 22-5-204(b),
Page 1
1
22-5-205(a), 22-5-301, 22-5-302, 22-22-202(a), 22-23-302
2
and 22-29-110(b) are amended to read:
3
4 21-3-109. When vacancy on board deemed
to have
5 occurred.
6
7 (a) A vacancy
shall have occurred in the membership
8
of any board of trustees of any school district if any
9
member:
10
11 (iii) Becomes a
nonresident of the school
12 district;
or
13
14 (iv) Becomes a
nonresident of the trustee
15 residence area from which elected in
those districts
16 subdivided into trustee residence
areas;.
or
17
18 (v) Meets any of the criteria specified in W.S.
19 22-18-101(a).
20
21 22-2-110. Computing periods of time.
22
23 (a) Periods of
time are computed by excluding the
24 specific day and counting the
prescribed number of days,
Page 2
1
including Saturdays, Sundays and full legal holidays.
2
Except as provided by W.S. 22-4-115, If the first day of a
3
time period falls on a Saturday, Sunday or full legal
4
holiday, the preceding day which is not a Saturday, Sunday
5
or full legal holiday shall be used. If the last day of a
6
time period falls on a Saturday, Sunday or full legal
7
holiday, the next day which is not a Saturday, Sunday or
8
full legal holiday shall be used.
9
10 22-4-105. County central committee odd
year meeting;
11 notice; election of chairman, state
committeeman and
12 committeewoman.
13
14 The county central committee shall meet at
the county seat
15 during
the month of March of each odd-numbered year at a
16 time and place determined by the
county chairman. The
17 county chairman shall publish notice
of the meeting in a
18 newspaper of general circulation
within the county not less
19 than ten (10) days before this
meeting. At the meeting, the
20 county central committee shall elect
the chairman of the
21 county central committee, one (1)
state committeeman and
22 one (1) state committeewoman and
other offices as provided
23 by the party bylaws. A state
political party may provide in
24 its rules for the election of additional
state committeemen
Page 3
1 and
additional state committeewomen. Neither the chairman,
2
state committeeman or state committeewoman need be members
3
of the county central committee.
4
5 22-4-106. County convention.
6
7 The
county convention of each political party shall meet on 8
the first Friday after the first
Tuesday of March in
9
even-numbered years.
10
11 22-4-110. Composition of state central committee.
12
13 The state central committee consists of
state committeemen
14 and committeewomen and county
chairmen elected at the March 15 odd-numbered year meeting of the county central
committees,
16 and of any other party officials
provided by the bylaws of
17 the party.
18
19 22-4-111. State central committee
organizational
20 meeting; notice.
21
22 The state central committee shall hold an
organizational
23 meeting during
the last fifteen (15) days in April of in
24 odd-numbered years, at which it
shall elect from electors
Page 4
1
registered in the party a chairman, secretary and other
2
officers as provided in the rules of the party. The state
3
chairman shall mail notice of the time and place of this
4
meeting to each member of the committee not later than ten
5
(10) days before the meeting.
6
7 22-4-115. Date of party state convention.
8
9
Each political party shall hold a state convention on one 10
(1) of the first three (3) Saturdays in May of in
11 even-numbered years.
12
13 22-5-204. Application
for nomination or election;
14 party
registration; form.
15
16 (b) An eligible person seeking nomination or election
17 for a partisan office shall be
registered in the party
18 whose nomination he seeks and shall
file an application in
19 substantially the following form:
20
21 APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY
22
23 State of Wyoming)
24 ) ss
Page 5
1 County of .... )
2 I,
...., swear or affirm that I was born on ....,
3
....(year), that I have been a resident of the state of
4
Wyoming since ...., and that I am a registered voter of
5
Election District No. ...., in Precinct No. ...., residing
6 at ...., in County of ....,
(if for the office of state
7
senator or representative) in Senate (House) District ....,
8
state of Wyoming, and registered as a member of .... party,
9
and I hereby request that my name be printed upon the
10 official party ballot at the next
primary election as a
11 candidate for the office of ....,
and hereby declare that
12 if nominated and elected, I will
qualify for the office.
13 Dated the .... day of ...., ....(year).
14
15 .....................(Signature)
16 ............ (Residence Address)
17
18 22-5-205. Nomination
application form for nonpartisan
19 office.
20
21 (a) An eligible person seeking nomination for a
22 nonpartisan office must file an
application in
23 substantially the following form:
24
Page 6
1 APPLICATION FOR NOMINATION BY NONPARTISAN PRIMARY
2
3 State of Wyoming)
4 ) ss
5 County of .... )
6
7 I,
...., swear or affirm that I was born on ...., that
8
I have been a resident of the State of Wyoming since ....,
9
and that I am a registered voter of .... County residing at
10 .... and that I am eligible to be elected to such
office,
11 and I hereby request that my name be
printed upon the
12 official nonpartisan ballot at the
next primary election as
13 a candidate for the office indicated
below as follows:
14 Justice of the peace.
15 I
am seeking (1) the regular term or (2) the unexpired
16 term which terminates on the ....
day of ...., ....(year).
17 Dated this .... day of ...., ....(year).
18 ....................... Signature
19
20 22-5-301. Independent partisan candidates; form.
21
22 (a) Independent candidates for partisan public
23 offices may be nominated by filing a
signed petition in
24 substantially the following form:
Page 7
1
2 PETITION FOR NOMINATION
3
4 I,
...., swear or affirm that I was born on ....,
5
....(year), that I have been a resident of the State of
6
Wyoming since ...., and that I am a registered voter of
7
Election District No. ...., in Precinct No. ...., County of
8
...., residing at ...., (if for
the office of state senator
9
or representative) in Senate (House) District ...., State
10 of Wyoming, and having obtained the
number of signatures
11 required by law for nomination by
petition, I hereby
12 request that my name be printed on
the official ballot at
13 the next general election as an
independent candidate for
14 the office of .... and declare that
if nominated and
15 elected, I will qualify for the
office.
16 Dated the .... day of ...., ....(year).
17 ....................... (Signature)
18 ............... (Residence Address)
19
20 The eligible, registered electors supporting
my nomination,
21 and numbering not less than two
percent (2%) of the total
22 number of votes cast for Representative
in Congress at the
23 last general election in the
political subdivision for
24 which this petition is filed, are as
follows:
Page 8
1
2 (Signature) (Printed Name) (Residence) (Date)
3
4 1. ........................................................
5 2. ........................................................
6
7 VERIFICATION BY CIRCULATORS
8
9 I,
...., do hereby certify that I am a circulator of this
10 petition, and I solely and
personally circulated this
11 petition, that all the signatures
appearing herein were
12 made in my presence from ....
(month) .... (day),
13 ....(year) through .... (month) ....
(day), ....(year), and
14 to the best of my knowledge and
belief such signatures are
15 those of the persons whose names
they purport to be.
16
17 ............... (Signature)
18 ........(Residence Address)
19
20 22-5-302. Unsuccessful primary candidates precluded.
21
22 An unsuccessful candidate for office at a
primary election
23 may not seek nomination by petition, nor as a write-in
Page 9
1 candidate, for the same office filled at the next
general
2
election.
3
4 22-22-202. Filing of application; form.
5
6 (a) A qualified elector may be nominated for the
7
office of school district trustee or member of a community
8
college board by filing an application for election in the
9
office of the county clerk not more than ninety (90) nor
10 less than seventy (70) days prior to
the election. The
11 application shall be in
substantially the following form:
12
13 APPLICATION FOR ELECTION FOR SCHOOL OR
14 COMMUNITY COLLEGE TRUSTEE
15
16 I, the undersigned, swear or affirm that
I was born on
17 ...., ....(year), and that I have
been a resident of the
18 State of Wyoming since ...., and
that I am a registered
19 voter of the .... school district or
community college
20 district (and resident of trustee
residence area or
21 subdistrict ...., if any) residing at .... and I do hereby
22 request that my name, ...., be
printed on the ballot of the
23 election to be held on the .... day
of ...., ....(year), as
24 a candidate for the office of ....
for a term of ....
Page 10
1 years. I hereby declare that if I am
elected, I will
2
qualify for the office.
3
4 Dated: ....
5 .......... (Signature of Candidate)
6 .... Name as it is to appear on the ballot
7 ............... (Residence Address)
8
9 22-23-302. Filing fee; petition form.
10
11 Not more than
ninety-six (96) days and not later than
12 seventy-four (74) days preceding the
municipal primary
13 election, each candidate for a
municipal office shall pay a
14 nonrefundable filing fee of
twenty-five dollars ($25.00)
15 and sign and file with the municipal
clerk a petition in
16 substantially the following form:
17
18 State of Wyoming)
19 ) ss
20 County of .... )
21
22 I, ...., the undersigned, swear or affirm
that I was
23 born on ...., ....(year), and that I
have been a resident
24 of the State of Wyoming since ...., residing at ...., and
Page 11
1 that I am a registered voter of Election
District No. ....,
2
Precinct No. ...., in Ward No. ...., in the City of ....,
3
and the State of Wyoming as of the closing of the municipal
4
clerk's office on the day this petition is filed, do hereby
5
petition and request that my name be printed upon the
6
Official Municipal Primary Ballot at the next primary
7
election as a candidate for the office of .... I hereby
8
declare that if nominated and elected I will qualify for
9
the office.
10
11 Dated: ......
12 ...........(Signature of Candidate)
13 ................(Residence Address)
14
15 22-29-110. County
clerk to publish proclamation;
16 filing
period.
17
18 (b) Not more than thirty-nine (39) and not less than
19 thirty (30) days before the
formation election, candidates
20 may file an application for election
in the office of the
21 county clerk. The principal act
shall determine who is
22 eligible to be a candidate. The
application shall be in
23 substantially the following form:
24
Page 12
1 APPLICATION FOR ELECTION
2 SPECIAL DISTRICT DIRECTOR
3
4 I, the undersigned, swear or affirm that
I was born on
5
...., (year); that I have been a resident of .... district
6
since ...., residing at ....; that I am an
elector or
7
landowner (check which one for eligibility) of said
8
district and I do hereby request that my name, ...., be
9
printed on the ballot of the formation (or other) election
10 to be held on .... day of ....,
(year) as a candidate for
11 the office of director for a term of
.... years. I hereby
12 declare that if I am elected, I will
qualify for the
13 office.
14 Dated ....
15 ...............................
16 Signature of Candidate
17 ...............................
18 Residence Address
19
20 Section
2. W.S. 22-18-111 is repealed and recreated
21 as W.S. 22-18-111 to read:
22
23 22-18-111. Vacancies in other offices;
temporary
24 appointments.
Page 13
1
2 (a) Any vacancy
in any elective office in the state,
3
except representative in congress and members of the
4
judiciary, shall be filled by the governing body, or by
5
appointment of a temporary successor to serve until a
6
successor for the remainder of the unexpired term or a new
7
term is elected at the next general election and takes
8
office on the first Monday of the following January, as
9
hereafter provided.
10
11 (b) A vacancy
in the office of United States senator
12 or state office shall be determined
by the governor:
13
14 (i) If the
incumbent who vacated office belonged
15 to a political party, the governor
shall certify the
16 vacancy to the state chairman of the
state central
17 committee of the political party
which the incumbent
18 represented at the time of his
election under W.S.
19 22-6-120(a)(vii), or at the time of
his appointment if not
20 elected to office. The chairman
shall call a meeting of the
21 state central committee to be held
not later than ten (10)
22 days after the chairman receives
notice of the vacancy. At
23 the meeting, the state central
committee shall select and
24 transmit to the governor the name of
a person qualified to
Page 14
1
fill the vacancy. Within five (5) days after receipt of the
2
name, the governor shall fill the vacancy by temporary
3
appointment of the person so selected by the state central
4
committee;
5
6 (ii) If the
incumbent who vacated office did not
7
represent a political party at the time of his election or
8
appointment to the office, the governor shall certify the
9
vacancy to the chairmen of all state central committees of
10 parties registered with the
secretary of state, each of
11 which shall follow the process under
paragraph (i) of this
12 subsection and submit the name of
one (1) person qualified
13 to fill the vacancy to the governor.
The governor shall
14 cause to be published notice of the
vacancy in a newspaper
15 of general circulation in the state.
Qualified persons who
16 do not belong to a party may, within
ten (10) days after
17 public notice of the vacancy, submit
a petition to the
18 governor signed by a least one
hundred (100) qualified
19 electors, seeking consideration for
appointment to fill the
20 vacancy. Within five (5) days after
the last day for
21 receiving the names of qualified persons,
the governor
22 shall fill the vacancy by temporary
appointment to the
23 office from the names submitted or
from those petitioning
24 for appointment.
Page 15
1
2 (c) Vacancies
in the office of a member of the state
3
legislature shall be determined and filled as hereafter
4
provided:
5
6 (i) In the case
of vacancies caused by
7
resignation, the governor and in the case of vacancies
8
occurring other than by resignation, the board of county
9
commissioners of the county or counties in which the
10 vacancy occurs, shall immediately
notify the chairman of
11 the political party which the
incumbent represented at the
12 time of his election under W.S.
22-6-120(a)(vii), or at the
13 time of his appointment if not
elected to office;
14
15 (ii) For all
vacancies in which the incumbent
16 represented a political party at the
time of his election
17 or appointment to the office, the
state central committee
18 of that political party shall notify
the party's precinct
19 committeemen and committeewomen for
each precinct within
20 the legislative district in which
the vacancy exists, who
21 have been in office at least thirty
(30) days prior to the
22 vacancy. The central committee, or
its designee, shall also
23 arrange a meeting, not later than
ten (10) days after
24 notification of the vacancy, of
those precinct persons
Page 16
1
during which they shall select a qualified person to fill
2
the vacancy. The state central committee shall establish
3
procedures for conducting the vote required to choose a
4
person to fill the vacancy;
5
6 (iii) The state
central committee shall submit
7
the name of the person selected to fill the vacancy to the
8
board of county commissioners for each county in which the
9
legislative district is located and within five (5) days
10 thereafter, the board or boards of
county commissioners
11 shall appoint the person submitted
by the state central
12 committee to fill the vacancy;
13
14 (iv) If the incumbent
vacating the office did
15 not represent a political party at
the time of his election
16 or appointment to the office, the
board or board of county
17 commissioners in which the
legislative district is located
18 shall publish notice of the vacancy
in a newspaper of
19 general circulation in the county or
counties. The notice
20 shall also give notice that within
ten (10) days after
21 publication any qualified person may
apply directly to the
22 county commissioners for appointment
to fill the vacancy.
23 Within fifteen (15) days following
publication of the
24 notice of vacancy, the board or
boards of county
Page 17
1
commissioners shall fill the vacancy by appointing one (1)
2
person qualified from those submitting applications. If the
3
legislative district is in more than one (1) county, the
4
vacancy shall be filled by the combined vote of the boards
5
of county commissioners for those counties and the vote of
6
each county commissioner shall be weighted so that the
7
total vote of the commissioners is in proportion to the
8
population of the legislative district within that county
9
based on the most recent decennial census.
10
11 (d) Vacancies
in county elective offices shall be
12 filled as hereafter provided:
13
14 (i) If the
incumbent who vacated office
15 represented a political party, the
board of county
16 commissioners shall immediately
notify in writing the
17 chairman of the county central
committee of the political
18 party which the incumbent
represented at the time of his
19 election under W.S.
22-6-120(a)(vii), or at the time of his
20 appointment if not elected to
office. The chairman shall
21 call a meeting of the county central
committee to be held
22 no later than ten (10) days after
receipt of notice of the
23 vacancy. At the meeting the county
central committee shall
24 select and transmit to the board of
county commissioners
Page 18
1 the
name of a person qualified to fill the vacancy. Within
2
five (5) days after receipt of the name, the board of
3
county commissioners shall appoint the person to fill the
4
vacancy;
5
6 (ii) If the
incumbent who vacated office did not
7
represent a political party at the time of his election or
8
appointment to the office, the board of county
9
commissioners shall fill the vacancy using the same process
10 provided by paragraph (c)(iv) of
this section except as
11 hereafter provided. In the case of a
vacancy in the office
12 of county commissioner in which the
incumbent did not
13 represent a political party at the
time of his election or
14 appointment, the remaining members
of the board of county
15 commissioners may appoint any
qualified person to fill the
16 vacancy.
17
18 (e) Vacancies in
a municipal office shall be filled
19 as provided by W.S. 15-1-107 and
15-3-203.
20
21 (f) Vacancies
on a school or community college
22 district board of trustees shall be
determined and filled
23 as provided by W.S. 21-3-108,
21-3-109, 21-18-303 and
24 22-18-101.
Page 19
1
2 (g) Vacancies
on a hospital or special district board
3
of trustees shall be determined and filled as provided in
4
W.S. 22-29-201 and 22-29-202.
5
6 Section 3. W.S. 18-3-524 is repealed.
7
8 Section 4. This act is effective immediately upon
9
completion of all acts necessary for a bill to become law
10 as provided by Article 4, Section 8
of the Wyoming
11 Constitution.
12
13 (END)
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