Administrative Rule Review Report #AR11-039
Legislative Service Office
23-Aug-11
AGENCY: Secretary of State Office
DATE SUBMITTED: 8/16/2011
SUBJECT: Chapters 3, 6, 12, 16, 19, 21 through 25, 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 the 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:
Chapter 3 implements recent federal requirements for military and overseas voters. The rules provide a process for registering those voters to receive absentee ballots.
Chapters 6 and 12 are amended to use more accurate language. County clerks must now inform the Secretary of State immediately if new voting equipment is purchased within two weeks prior to an election.
Chapter 16 provides a process for updating entries in the voter registration system and addressing potential duplicate voter records.
Chapter 19 implements new legislation concerning counting of votes cast for individuals whose votes did not affect an election. The rules provide for the filing of a request to cast those votes with payment of a $25 administrative fee.
Chapter 21 contains new rules for filing of electronic campaign finance information reports. Under these rules all statutorily required campaign finance reports must be filed electronically.
Chapter 22 contains new rules for the order of candidates listed on a ballot.
Chapter 23 contains new rules for county clerks to post and close election results in the new statewide voter registration system.
Chapter 24 contains new rules for counting signatures on petitions for independent candidates for partisan office. As required under W.S. 22-5-305(d), the signature of a registered elector may only be counted on one candidate’s petition for nomination. These rules provide that if an elector signs more than one petition, the signature shall only be counted on the first petition filed with the Secretary of State.
Chapter 25 contains new rules for post-election audits of automated tabulation equipment.
FINDINGS: In Chapter 21, Section 5(e)(iv), the rules authorize the Secretary of State to reject applications for an electronic campaign finance filing account for “other inappropriate items as determined by the Secretary of State’s office in its discretion.” There are no parameters on the Secretary’s discretion in determining what items might be deemed inappropriate. This language would likely be determined to be unconstitutionally vague and overbroad.
Other than the section noted above, the rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the Council request the Governor to use his line item veto authority under W.S. 16-3-103(d) to address the concerns raised in this rule review report. This could be done by striking the language in Chapter 21, Section 5(e)(iv). Alternatively, the Council could request the Governor to rescind the rules and direct the department to repromulgate the rules after addressing the issues raised in this rule review.
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Lynda Cook
Staff Attorney
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David K. Gruver
Assistant Director
LGC