Administrative Rule Review Report  #AR09-069

Legislative Service Office

16-Nov-09

AGENCY: Secretary of State Office.

DATE SUBMITTED: November 5, 2009.

SUBJECT: Chapters 4, 8 through 13, 15 & 16, and 18 and 19, Election Procedures.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 22-2-121.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:

The rules are amended to provide a uniform process for numbering provisional ballots and certification requirements for testing various items of equipment used in elections.  The rules provide for poll workers to work split shifts.  The rules are amended to allow a retabulation to count as a recount under certain circumstances and define when a purge of the voter registration system can occur.  The rules additionally describe what voter registration forms may be used, what name a candidate may use when running for office and how municipal write-in candidates are notified of their nomination.  Finally, the rules provide procedures for withdrawal of a candidate.

FINDINGS: 

Chapter 18, Section 6 provides that a candidate is required to use his full name on his application for nomination or election and that fictitious or pseudo names will not be allowed.  However, W.S. 22-6-111 provides that a "candidate may use the name on the ballot by which he is generally known" (although professional titles and degrees shall not appear on the ballot).  The Secretary of State's office assures that their application of the rule will be that although an applicant must file his application using his full name, the name that appears on the ballot may be different if the candidate is generally known by a different name.

The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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David K. Gruver

                                                                        Assistant Director

LGC/