Repeal of former title 22. —

Laws 1973, ch. 251, repealed former title 22 and enacted §§ 22.1-1 to 22.1-426 [§§ 22-1-101 to 22-27-101 ], constituting a complete recodification of the Wyoming election laws.

Annotations from cases decided under former title 22 and other repealed statutory provisions have been placed under comparable sections within this title.

History of former title. —

The original basic act from which the election laws derived was Laws 1890, ch. 80, §§ 1 to 182, and it covered generally all phases of elections. At the time of the 1945 compilation, almost all of these sections, as amended, were still in effect, although the election laws had been supplemented by a large number of additional independent acts and several sections had been added to Laws 1890, ch. 80, by Laws 1890-91, ch. 68, and Laws 1897, ch. 53.

Between 1945 and the 1957 compilation, the legislature enacted a number of statutes relating to elections. Notable among these were the permanent registration act, Laws 1949, ch. 122, and the two election law revision acts found in Laws 1951, chs. 127 and 139. These statutes repealed many of the sections of the 1945 compilation derived from Laws 1890, ch. 80, amended others, and enacted many new provisions which were incorporated in former title 22. Certain provisions of that title were affected by Laws 1953, ch. 166 and Laws 1957, ch. 120. Laws 1961, ch. 235 completely revised chapters 1 to 6, 9, and 11 to 13 of former title 22, as amended by Laws 1959, chs. 101, 167 and 201. After its revision in 1969, former title 22 was subsequently amended by Laws 1963, chs. 100, 157; 1965, ch. 16; 1967, chs. 14, 38, 118, 222; 1969, ch. 206; 1971, chs. 177, 196, 226, 227, 240, 250; 1971 Sp. Sess., chs. 3, 4.

Constitutionality of former provisions governing minor partyballot access. —

The former provisions of the Wyoming Election Code governing minor party ballot access were unduly burdensome and, hence, unconstitutional. Blomquist v. Thomson, 591 F. Supp. 768, 1984 U.S. Dist. LEXIS 19379 (D. Wyo.), rev'd, 739 F.2d 525, 1984 U.S. App. LEXIS 20277 (10th Cir. Wyo. 1984) (decided under pre-1984 version of former § 22-1-102(g) and prior to enactment of former § 22-4-201 et seq.).

Chapter 1 Wyoming Election Code

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections § 1 et seq.

29 C.J.S. Elections § 1 et seq.

§ 22-1-101. Citation.

This act is cited as the Wyoming Election Code of 1973, as amended.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-1; 1998, ch. 100, § 2.

Cross references. —

As to bond elections see §§ 22-21-101 to 22-21-112 .

As to school elections, see §§ 22-22-101 to 22-22-304 .

As to municipal elections, see §§ 22-23-101 to 22-23-1007 .

As to offenses and penalties in connection with elections, see §§ 22-26-101 to 22-26-121 .

As to suffrage and elections generally, see art. 6, §§ 1 to 22, Wyoming Const.

As to election of legislators, see art. 3, § 5, Wyoming Const.

For provisions requiring special election in cities and towns on question of acquisition of public utility plants, etc., by condemnation, etc., see § 1-26-808 .

As to liability of radio and television stations for libel and slander in regard to statements made by political candidates, see § 1-29-102 .

As to election of coroner, see § 7-4-101 .

As to election on formation of conservation districts, see § 11-16-110 .

As to special election with reference to formation of new county, see § 18-1-306 et seq.

As to election for establishment of county building fund, see § 18-4-201 .

As to election with reference to county viaduct and subway bonds, see § 18-4-503 et seq.

As to election for establishment of county zoning district, see § 18-5-104.

As to elections in cities and towns with reference to relocation of state highways, see § 24-7-101 .

As to election on question of establishment of hospital district, see § 35-2-401 .

As to procedure for initial election of trustees of hospital districts, see § 35-2-404 .

As to election of trustees after organization of sanitary and improvement district, see § 35-3-103 .

As to election in connection with establishment of special cemetery districts, see § 35-8-301 .

As to election of trustees of special cemetery districts, see § 35-8-304 et seq.

For duty of county commissioners to hold election of board of directors or fire protection districts, see § 35-9-202 .

As to election of commissioners of power districts, see §§ 37-7-134 to 37-7-136 .

As to election of board of directors of water conservancy districts, see § 41-3-740 .

As to election prior to issuance of bonds of water conservancy districts, see § 41-3-754 et seq.

As to election in connection with the establishment of flood control districts, see § 41-3-801 .

As to election of board of directors of flood control districts, see § 41-3-802 .

As to election of district advisory board in underground water districts declared to be critical area, see § 41-3-913 .

As to election in connection with joint operations between irrigation and drainage districts, see § 41-6-102 et seq.

As to election of irrigation district commissioners, see §§ 41-7-316 to 41-7-318 .

As to election of board of directors of public irrigation and power districts, see § 41-7-805 et seq.

As to election to change public irrigation and power district to irrigation district, see § 41-7-832 .

As to election on dissolution of irrigation district, see §§ 41-7-1002 , 41-7-1003 .

As to election of drainage district commissioners, see § 41-9-116 et seq.

As to election upon dissolution of drainage districts, §§ 41-9-601 to 41-9-603 .

Law reviews. —

For article, “Residence and Settlement Laws, Their Effect on Elections, Welfare and the Right of Free Movement,” see 12 Wyo. L.J. 50 (1957).

For article, "Wyoming Election Law: Proposals for Reform”,see 12 Wyo. L. Rev. 29 (2012).

§ 22-1-102. Definitions. [Effective until July 1, 2021]

  1. The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:
    1. “Automatic tabulating equipment” means apparatus that automatically examines and counts votes recorded on paper ballots or ballot cards and tabulates the results;
    2. “Ballot” means the cardboard, paper or other material upon which a voter marks his votes;
    3. “Ballot card” means a ballot that can be counted using automatic tabulating equipment;
    4. Repealed by Laws 2014, ch. 108, §  2.
    5. “Ballot proposition” is any question or measure submitted to a vote of the people of the state, a subdivision thereof, county, district, city or town, and includes a constitutional amendment, initiative, referendum, bond measure, or any other question or measure required to be approved by a vote of the people;
    6. “Bond” means any bond, note, certificate of indebtedness, coupon, or other obligation for the payment of money, issued by any political subdivision, including any bond payable from taxes, revenues or other sources;
    7. “Candidate’s campaign committee” means every group of two (2) or more persons who join together for the purpose of raising, collecting or expending money to be used in the aid of the election of a specific candidate for public office. If more than one (1) committee forms to support the candidate, the candidate shall designate which committee shall be his or her principal campaign committee;
    8. “Chief judge” means the person selected to be responsible for the security of ballot envelopes and voter ballots. The chief judge shall serve as the primary contact at the polls to the county clerk;
    9. “City clerk” means a clerk of a municipality;
    10. “Convention” is an organized assemblage of electors or delegates representing a political party;
    11. “Counting center” is the location or locations designated by the county clerk for the automatic tabulating and counting of ballots;
    12. “County chairman” means the county chairman of a political party or the state chairman if the party has no chairman for the particular county;
    13. “Election,” when used without qualifying adjectives, means all elections participated in by the voters of a city, town, county, district or the state;
    14. “Electronic voting system” is a system employing an electronic voting device in conjunction with paper ballots or ballot cards, or other system of secret voting and automatic tabulating equipment for the recording, tabulating and counting of votes in an election;
    15. “Envelope” means any type of container used to contain or hold election documents;
    16. “Independent candidate” is a person who is running for nomination or election to a public office but who does not represent a political party;
    17. “Major political party” means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than ten percent (10%) of the total votes cast for that office in the most recent general election;
    18. “Minor political party” means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than two percent (2%) nor more than ten percent (10%) of the total votes cast for that office in the most recent general election;
    19. “Municipality” includes a first class city as defined by W.S. 15-1-101(a)(iv) and a town as defined by W.S. 15-1-101(a)(xiv);
    20. “Political action committee” means any group of two (2) or more persons organized and associated for the purpose of raising, collecting or spending money for use in the aid of, or otherwise influencing or attempting to influence, directly or indirectly, the election or defeat of candidates for public office, candidate’s committees, or political parties, for support of or opposition to any initiative or referendum petition drive or for the adoption or defeat of any ballot proposition;
    21. “Political subdivision” includes any county, city, town, school district, community college district, hospital district, water conservancy district, cemetery district, fire protection district, or any other political subdivision of the state constituting a body corporate, whether incorporated under general act, special charter, or otherwise;
    22. “Pollbook” means a book, or hardware, software or any combination thereof commonly referred to as an electronic pollbook, used in a polling place on election day containing information specified by law;
    23. “Poll list” is the list of registered voters as compiled by the clerk for use by election judges at the polls. The poll list shall:
      1. Include the names and residence addresses of electors registered in the precinct;
      2. Indicate the precinct and various districts in which each elector resides;
      3. Indicate political party affiliation of the electors, if any;
      4. Indicate which electors have registered by mail and must show identification;
      5. Indicate which electors have submitted absentee ballots in the election prior to the printing of the poll list;
      6. Provide for the notation of:
        1. A sequential number for each elector voting at the polls;
        2. Electors who cast provisional ballots;
        3. Electors who cast absentee ballots if the absentee ballots are processed and counted at the polls;
        4. Electors who change political party affiliation at the polls.
      7. Provide for the recording of the same information for electors who register at the polls;
      8. Provide other space as required for election management purposes.
    24. “Poll watcher” means a person certified by the county chairman of a political party to observe voter turn out and registration. A “poll watcher” is not an election official;
    25. “Provisional party” means a political organization which has filed a legally valid petition as provided under article 4 of chapter 4 of this code. The filing of a legally valid petition entitles the provisional party to participate in the next general election. If the provisional party’s candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, receives not less than two percent (2%) of the total votes cast for that office in that election, the provisional party does not lose party status;
    26. “Qualified elector” includes every citizen of the United States who is a bona fide resident of Wyoming, has registered to vote and will be at least eighteen (18) years of age on the day of the election at which he may offer to vote. No person is a qualified elector who is a currently adjudicated mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. A literacy test shall not be imposed as a condition to voting in any election;
    27. “Registration” is the entry and verification of the name and voter information of a qualified elector on the official registry list, as provided in W.S. 22-3-104(f) and 22-3-108 ;
    28. “Registry agent” is a county clerk, his deputies, a tribal clerk, his deputies, a city clerk, his deputies, and an election judge during any election specified in W.S. 22-2-101(a)(i) through (viii);
    29. “Registry list” is the list by precinct of the names, addresses, party affiliations and precinct and district numbers of the registered electors in the county prepared by the secretary of state or county clerks for distribution as provided in W.S. 22-2-113 ;
    30. “Residence” is the place of a person’s actual habitation. The construction of this term shall be governed by the following rules:
      1. Residence is the place where a person has a current habitation and to which, whenever he is absent, he has the intention of returning;
      2. A person shall not gain or lose residence merely by reason of his presence or absence while:
        1. Employed in the service of the United States or of this state; or
        2. A student at an institution of learning; or
        3. Kept at a hospital or other institution; or
        4. Stationed at or residing on a military reservation or installation or at a transient camp maintained for relief purposes by the government of the United States in this state. No person shall be excluded as a voter solely because of his residence on a federal enclave within the state. This factor shall be considered with all others in the determination of the person’s residence within the state for voting purposes.
      3. A person shall not lose his residence by leaving his home to go to another state, another district of this state, or to another country for temporary purposes, with the intent of returning, if he has not registered in the other state, district or country;
      4. A person shall not gain residence in a county if he enters it without the intent of making it his current actual residence;
      5. If a person removes to another state with the intent of making it his residence, he loses his residence in Wyoming; except that in a general election year, if his registration is valid in Wyoming when he leaves this state and he is unable to qualify under the laws of his new state of residence to vote at the primary or general election, he shall be deemed to have retained residence in Wyoming for purposes of voting by absentee ballot in the primary or general election;
      6. A person who takes up or continues his abode at a place other than where his family resides, shall be a resident of the place where he actually abides.
    31. “Square” for purposes of chapter 6 of this code shall include a box or oval used to designate the area for casting a vote;
    32. “Tally sheet” means the document used to tabulate hand counted paper ballots;
    33. Repealed by Laws 2018, ch. 118, §  2;
    34. “Voting device” means:
      1. Repealed by Laws 2008, ch. 115, § 2.
      2. A device for marking the ballots with ink or another substance; or
      3. Any other method for recording votes on ballots so that the ballot may be tabulated by means of automatic tabulating equipment.
    35. “Write-in vote” is a vote cast for a person whose name does not otherwise appear on the official ballot as a candidate for the office for which his name is written in by the voter;
    36. “Federal office” means the offices of president and vice-president of the United States, United States senator and representative in congress;
    37. “Immediate family” means a spouse, parent, sibling, child or other person living in the individual’s household;
    38. “Election assistance” does not include the posting of campaign signs or the availability of campaign materials;
    39. “Acceptable identification” means one (1) of the identification documents or other proof of identity as specified by rule of the secretary of state as adequate proof of the identity of a voter;
    40. “Canvass” means the audit function that culminates in the final certification of official election returns;
    41. “Provisional ballot” means a ballot provided to a voter whose right to register or to vote cannot be determined at the polls or verified at the election office, in order to allow the voter to cast a ballot at the polls which shall be counted only if the ballot is determined to be a valid ballot as provided in this Election Code;
    42. “Recount” is the processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race, based upon the criteria of W.S. 22-16-109 or 22-16-111 ;
    43. “Retabulation” is the process of running ballots back through the tabulation system for an additional time or times for the express purpose of reconciling the count;
    44. “Tribal clerk” means an official designated by the Eastern Shoshone Tribe and an official designated by the Northern Arapaho Tribe of the Wind River Reservation acting pursuant to a cooperative agreement entered into by a county and the respective tribe pursuant to W.S. 16-1-101 , which agreement provides for the official to provide services as a registry agent under the direct supervision and control of the county clerk;
    45. “Print” means to write in letters and reproduce whether on paper or other medium by mechanical, magnetic or electrical process;
    46. “Voter registration system” means the single, uniform, official, interactive, computerized, statewide voter registration system containing the registration information of every legally registered elector in the state;
    47. “Precinct” means an area with established boundaries within a political subdivision used for casting and counting votes;
    48. “Polling place” means the physical location where voters cast their ballots on election day;
    49. “Vote center” means a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which he resides, connected through secure internet connections to provide voting information to and receive voting information from the electronic pollbook maintained by the county clerk and used as an option to traditional polling places at the discretion of the county clerk;
    50. “Overvote” means a vote placed on a ballot question in excess of the allowable votes for that ballot question;
    51. “Undervote” means a vote that could have been made on a ballot question but which was not made on that ballot question;
    52. “Unsuccessful candidate” means a person who did not win the election but whose name was printed on the ballot and who received one (1) or more votes in the primary election.
    53. “Candidate” means any person who knowingly seeks nomination or election to public office by:
      1. Filing an application for nomination by primary election, nomination by political party convention or by petition for nomination;
      2. Write-in, except that this subparagraph shall not apply to a person elected to public office by write-in at a general or special election who did not seek or campaign for election to the office;
      3. Forming a campaign committee; or
      4. Receiving contributions or making expenditures, or giving consent for any individual to receive contributions or make expenditures, in order to secure nomination or election to public office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-2; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1984, ch. 40, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2000, ch. 66, § 1; 2001, ch. 19, § 1; ch. 116, § 1; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 80, § 1; ch. 132, § 1; 2004, ch. 94, § 2; 2005, ch. 110, § 1; 2008, ch. 115, § 2; 2013, ch. 31, § 1; 2014, ch. 108, §§ 1, 2; 2015, ch. 76, § 1; ch. 138, § 1; 2018, ch. 118, §§ 1, 2.

The 2004 amendment, in (a)(ii), substituted “marks” for “records,” and deleted “and includes ballot cards, paper ballots, and ballot labels” at the end of the paragraph; in (a)(xiv), substituted “employing an electronic voting” for “employing a voting,” and inserted “or other system of secret voting” following “paper ballots or ballot cards”; in (xli) inserted “register or to” following “a voter whose right to,” and substituted “cast a ballot at the polls which shall be counted only if the ballot is determined to be a valid ballot as provided in this Election Code” for “vote”; added (a)(xlv); and made stylistic changes.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendment, effective July 1, 2005, rewrote (a)(xxiii), clarifying the definition of “poll list”; in (a)(xvii), substituted “entry and verification of the name and voter information” for “entry of the name”; in (a)(xxix), substituted “the names, addresses, party affiliations and precinct and district numbers of the registered electors” for “electors,” and substituted “secretary of state or county clerks for distribution as provided in W.S. 22-2-113 ” for “county clerks”; and added (a)(xlvi).

The 2008 amendment, repealed (a)(xxxiv)(A) which defined “voting device.”

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2013 amendment, effective July 1, 2013, substituted “or” for “circle,” and deleted “arrow or other distinctive area” following “oval” in (a)(xxxi).

The 2014 amendment, repealed former (a)(iv), which read: ““Ballot label” means the cards, papers, booklet, pages, or other materials that contain the names of offices and candidates and statements of ballot propositions to be voted on and which are used in conjunction with ballot cards”; and in (a)(xiv), deleted “ballot labels.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2015 amendments. — The first 2015 amendment, by ch. 76 § 1, effective July 1, 2015, added (a)(xlvii).

The second 2015 amendment, by ch. 138 § 1, effective Mar. 4, 2015, rewrote (a)(xxii), which formerly read: “`Pollbook' is a book used in a precinct on election day containing oaths of election officials, tally sheets, the poll list, and other information specified by law”; and added (a)(xlvii) through (a)(xlix).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2018 amendments. — The first 2018 amendment, by ch. 118, § 1, added (a)(liii).

The second 2018 amendment, by ch. 118, § 2, repealed former (a)(xxxiii), which read: "Valid write-in candidate" means a candidate who has qualified as a write-in candidate by following the procedures and requirements of W.S. 22-5-501 .

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendments. —

The first 2021 amendment, by ch. 114, § 1, effective July 1, 2021, in (a)(xxxix), added the (a)(xxxix)(A) designation, "For purposes of voter registration," at the beginning; added (a)(xxxix)(B); and made related changes.

The second 2021 amendment, by ch. 167, § 1, effective July 1, 2021, added (a)(xxx)(G).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Candidate's failure to be registered. —

Candidate's failure to be registered to vote at the time of filing her application for nomination was inconsequential and a mere irregularity since shortly thereafter she reregistered and met all criteria during the primary election, the general election, and at the time she assumed the municipal office. Rue v. Carter, 919 P.2d 633, 1996 Wyo. LEXIS 110 (Wyo. 1996).

Municipal candidacy requires dwelling or place of habitation within municipal boundaries. —

One may not be a candidate for municipal office in a city or town without having and maintaining a dwelling or place of habitation physically situated within the municipal boundaries of such city or town. Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Thus, where there was no showing that appellant had a place of fixed habitation within the corporate limits of the city to which she had the intention of returning, she had not brought herself within the statutory qualifications to stand for election in that city. Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Candidate convicted of felony in another state unqualified to run for county commissioner. —

The district court correctly ruled that a candidate, who had been convicted of a felony in another state and who had not had his rights restored in Wyoming, was unqualified to run for county commissioner. The fact that Wyoming might have treated the candidate's conviction as a misdemeanor had it occurred here, and that the candidate did not lose his civil rights in the state of conviction, did not alter this outcome. However, the court erred in issuing a writ of mandamus directing the holding of a special election, as a judgment annulling the election in which the unqualified candidate's name appeared on the ballot was the appropriate remedy. Mills v. Campbell County Canvassing Bd., 707 P.2d 747, 1985 Wyo. LEXIS 588 (Wyo. 1985).

Quoted in

Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000); Woodruff v. Wyoming, — F.3d —, 2002 U.S. App. LEXIS 21060 (10th Cir. Oct. 7, 2002).

§ 22-1-102. Definitions. [Effective July 1, 2021]

  1. The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:
    1. “Automatic tabulating equipment” means apparatus that automatically examines and counts votes recorded on paper ballots or ballot cards and tabulates the results;
    2. “Ballot” means the cardboard, paper or other material upon which a voter marks his votes;
    3. “Ballot card” means a ballot that can be counted using automatic tabulating equipment;
    4. Repealed by Laws 2014, ch. 108, §  2.
    5. “Ballot proposition” is any question or measure submitted to a vote of the people of the state, a subdivision thereof, county, district, city or town, and includes a constitutional amendment, initiative, referendum, bond measure, or any other question or measure required to be approved by a vote of the people;
    6. “Bond” means any bond, note, certificate of indebtedness, coupon, or other obligation for the payment of money, issued by any political subdivision, including any bond payable from taxes, revenues or other sources;
    7. “Candidate’s campaign committee” means every group of two (2) or more persons who join together for the purpose of raising, collecting or expending money to be used in the aid of the election of a specific candidate for public office. If more than one (1) committee forms to support the candidate, the candidate shall designate which committee shall be his or her principal campaign committee;
    8. “Chief judge” means the person selected to be responsible for the security of ballot envelopes and voter ballots. The chief judge shall serve as the primary contact at the polls to the county clerk;
    9. “City clerk” means a clerk of a municipality;
    10. “Convention” is an organized assemblage of electors or delegates representing a political party;
    11. “Counting center” is the location or locations designated by the county clerk for the automatic tabulating and counting of ballots;
    12. “County chairman” means the county chairman of a political party or the state chairman if the party has no chairman for the particular county;
    13. “Election,” when used without qualifying adjectives, means all elections participated in by the voters of a city, town, county, district or the state;
    14. “Electronic voting system” is a system employing an electronic voting device in conjunction with paper ballots or ballot cards, or other system of secret voting and automatic tabulating equipment for the recording, tabulating and counting of votes in an election;
    15. “Envelope” means any type of container used to contain or hold election documents;
    16. “Independent candidate” is a person who is running for nomination or election to a public office but who does not represent a political party;
    17. “Major political party” means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than ten percent (10%) of the total votes cast for that office in the most recent general election;
    18. “Minor political party” means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than two percent (2%) nor more than ten percent (10%) of the total votes cast for that office in the most recent general election;
    19. “Municipality” includes a first class city as defined by W.S. 15-1-101(a)(iv) and a town as defined by W.S. 15-1-101(a)(xiv);
    20. “Political action committee” means any group of two (2) or more persons organized and associated for the purpose of raising, collecting or spending money for use in the aid of, or otherwise influencing or attempting to influence, directly or indirectly, the election or defeat of candidates for public office, candidate’s committees, or political parties, for support of or opposition to any initiative or referendum petition drive or for the adoption or defeat of any ballot proposition;
    21. “Political subdivision” includes any county, city, town, school district, community college district, hospital district, water conservancy district, cemetery district, fire protection district, or any other political subdivision of the state constituting a body corporate, whether incorporated under general act, special charter, or otherwise;
    22. “Pollbook” means a book, or hardware, software or any combination thereof commonly referred to as an electronic pollbook, used in a polling place on election day containing information specified by law;
    23. “Poll list” is the list of registered voters as compiled by the clerk for use by election judges at the polls. The poll list shall:
      1. Include the names and residence addresses of electors registered in the precinct;
      2. Indicate the precinct and various districts in which each elector resides;
      3. Indicate political party affiliation of the electors, if any;
      4. Indicate which electors have registered by mail and must show identification;
      5. Indicate which electors have submitted absentee ballots in the election prior to the printing of the poll list;
      6. Provide for the notation of:
        1. A sequential number for each elector voting at the polls;
        2. Electors who cast provisional ballots;
        3. Electors who cast absentee ballots if the absentee ballots are processed and counted at the polls;
        4. Electors who change political party affiliation at the polls.
      7. Provide for the recording of the same information for electors who register at the polls;
      8. Provide other space as required for election management purposes.
    24. “Poll watcher” means a person certified by the county chairman of a political party to observe voter turn out and registration. A “poll watcher” is not an election official;
    25. “Provisional party” means a political organization which has filed a legally valid petition as provided under article 4 of chapter 4 of this code. The filing of a legally valid petition entitles the provisional party to participate in the next general election. If the provisional party’s candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, receives not less than two percent (2%) of the total votes cast for that office in that election, the provisional party does not lose party status;
    26. “Qualified elector” includes every citizen of the United States who is a bona fide resident of Wyoming, has registered to vote and will be at least eighteen (18) years of age on the day of the election at which he may offer to vote. No person is a qualified elector who is a currently adjudicated mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. A literacy test shall not be imposed as a condition to voting in any election;
    27. “Registration” is the entry and verification of the name and voter information of a qualified elector on the official registry list, as provided in W.S. 22-3-104(f) and 22-3-108 ;
    28. “Registry agent” is a county clerk, his deputies, a tribal clerk, his deputies, a city clerk, his deputies, and an election judge during any election specified in W.S. 22-2-101(a)(i) through (viii);
    29. “Registry list” is the list by precinct of the names, addresses, party affiliations and precinct and district numbers of the registered electors in the county prepared by the secretary of state or county clerks for distribution as provided in W.S. 22-2-113 ;
    30. “Residence” is the place of a person’s actual habitation. The construction of this term shall be governed by the following rules:
      1. Residence is the place where a person has a current habitation and to which, whenever he is absent, he has the intention of returning;
      2. A person shall not gain or lose residence merely by reason of his presence or absence while:
        1. Employed in the service of the United States or of this state; or
        2. A student at an institution of learning; or
        3. Kept at a hospital or other institution; or
        4. Stationed at or residing on a military reservation or installation or at a transient camp maintained for relief purposes by the government of the United States in this state. No person shall be excluded as a voter solely because of his residence on a federal enclave within the state. This factor shall be considered with all others in the determination of the person’s residence within the state for voting purposes.
      3. A person shall not lose his residence by leaving his home to go to another state, another district of this state, or to another country for temporary purposes, with the intent of returning, if he has not registered in the other state, district or country;
      4. A person shall not gain residence in a county if he enters it without the intent of making it his current actual residence;
      5. If a person removes to another state with the intent of making it his residence, he loses his residence in Wyoming; except that in a general election year, if his registration is valid in Wyoming when he leaves this state and he is unable to qualify under the laws of his new state of residence to vote at the primary or general election, he shall be deemed to have retained residence in Wyoming for purposes of voting by absentee ballot in the primary or general election;
      6. A person who takes up or continues his abode at a place other than where his family resides, shall be a resident of the place where he actually abides.
      7. Candidates seeking election to the office of United States senator or representative in congress shall not, at the time of knowingly seeking nomination or election as provided by paragraph (liii) of this subsection, claim or currently be claiming any residence or receive the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital.
    31. “Square” for purposes of chapter 6 of this code shall include a box or oval used to designate the area for casting a vote;
    32. “Tally sheet” means the document used to tabulate hand counted paper ballots;
    33. Repealed by Laws 2018, ch. 118, §  2;
    34. “Voting device” means:
      1. Repealed by Laws 2008, ch. 115, § 2.
      2. A device for marking the ballots with ink or another substance; or
      3. Any other method for recording votes on ballots so that the ballot may be tabulated by means of automatic tabulating equipment.
    35. “Write-in vote” is a vote cast for a person whose name does not otherwise appear on the official ballot as a candidate for the office for which his name is written in by the voter;
    36. “Federal office” means the offices of president and vice-president of the United States, United States senator and representative in congress;
    37. “Immediate family” means a spouse, parent, sibling, child or other person living in the individual’s household;
    38. “Election assistance” does not include the posting of campaign signs or the availability of campaign materials;
    39. “Acceptable identification” means:
      1. For purposes of voter registration, one (1) of the identification documents or other proof of identity as specified by rule of the secretary of state as adequate proof of the identity of a voter;
      2. For purposes of in person voter identification immediately before voting at a polling place or absentee polling place, any of the following:
        1. A Wyoming driver’s license as defined by W.S. 31-7-102(a)(xxv);
        2. A tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming, the Northern Arapaho tribe of Wyoming or other federally recognized Indian tribe;
        3. A Wyoming identification card issued under W.S. 31-8-101 ;
        4. A valid United States passport;
        5. A United States military card;
        6. A driver’s license or identification card issued by any state or outlying possession of the United States;
        7. Photo identification issued by the University of Wyoming, a Wyoming community college or a Wyoming public school;
        8. A valid Medicare insurance card. This subdivision is repealed effective December 31, 2029;
        9. A valid Medicaid insurance card. This subdivision is repealed effective December 31, 2029.
    40. “Canvass” means the audit function that culminates in the final certification of official election returns;
    41. “Provisional ballot” means a ballot provided to a voter whose right to register or to vote cannot be determined at the polls or verified at the election office, in order to allow the voter to cast a ballot at the polls which shall be counted only if the ballot is determined to be a valid ballot as provided in this Election Code;
    42. “Recount” is the processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race, based upon the criteria of W.S. 22-16-109 or 22-16-111 ;
    43. “Retabulation” is the process of running ballots back through the tabulation system for an additional time or times for the express purpose of reconciling the count;
    44. “Tribal clerk” means an official designated by the Eastern Shoshone Tribe and an official designated by the Northern Arapaho Tribe of the Wind River Reservation acting pursuant to a cooperative agreement entered into by a county and the respective tribe pursuant to W.S. 16-1-101 , which agreement provides for the official to provide services as a registry agent under the direct supervision and control of the county clerk;
    45. “Print” means to write in letters and reproduce whether on paper or other medium by mechanical, magnetic or electrical process;
    46. “Voter registration system” means the single, uniform, official, interactive, computerized, statewide voter registration system containing the registration information of every legally registered elector in the state;
    47. “Precinct” means an area with established boundaries within a political subdivision used for casting and counting votes;
    48. “Polling place” means the physical location where voters cast their ballots on election day;
    49. “Vote center” means a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which he resides, connected through secure internet connections to provide voting information to and receive voting information from the electronic pollbook maintained by the county clerk and used as an option to traditional polling places at the discretion of the county clerk;
    50. “Overvote” means a vote placed on a ballot question in excess of the allowable votes for that ballot question;
    51. “Undervote” means a vote that could have been made on a ballot question but which was not made on that ballot question;
    52. “Unsuccessful candidate” means a person who did not win the election but whose name was printed on the ballot and who received one (1) or more votes in the primary election.
    53. “Candidate” means any person who knowingly seeks nomination or election to public office by:
      1. Filing an application for nomination by primary election, nomination by political party convention or by petition for nomination;
      2. Write-in, except that this subparagraph shall not apply to a person elected to public office by write-in at a general or special election who did not seek or campaign for election to the office;
      3. Forming a campaign committee; or
      4. Receiving contributions or making expenditures, or giving consent for any individual to receive contributions or make expenditures, in order to secure nomination or election to public office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-2; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1984, ch. 40, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2000, ch. 66, § 1; 2001, ch. 19, § 1; ch. 116, § 1; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 80, § 1; ch. 132, § 1; 2004, ch. 94, § 2; 2005, ch. 110, § 1; 2008, ch. 115, § 2; 2013, ch. 31, § 1; 2014, ch. 108, §§ 1, 2; 2015, ch. 76, § 1; ch. 138, § 1; 2018, ch. 118, §§ 1, 2; 2021, ch. 114, § 1; ch. 167, § 1.

Chapter 2 General Provisions

§ 22-2-101. Applicability and construction of Election Code generally.

  1. Chapters 1 through 28 of this Election Code apply to the following elections:
    1. General elections;
    2. Primary elections;
    3. Special elections to fill vacancies in the office of representative in congress;
    4. County elections;
    5. Municipal elections;
    6. School and community college elections;
    7. Bond, mill levy and political subdivision tax elections;
    8. Any special election;
    9. Election of supervisors of a soil conservation district in a county whose board of county commissioners has, on or before May 1 of any year, adopted a resolution to make this Election Code apply;
    10. Elections held under chapter 29 of this title if:
      1. The special district principal act is silent on the matter; and
      2. Chapter 29 of this title and rules promulgated pursuant to that chapter are silent on the matter.
  2. This Election Code shall be construed so that all legally qualified electors may register and vote, that those who are not qualified shall not vote, and that fraud and corruption in elections shall be prevented.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-3; Laws 1980, ch. 19, § 2; 1991, ch. 243, § 2; 1994, ch. 99, § 2; 1998, ch. 100, § 2.

Cross references. —

As to primary elections, § 22-5-219 .

As to special elections to fill vacancies in the office of representative in congress, see §§ 22-18-103 and 22-18-104 .

As to bond elections, see §§ 22-21-101 to 22-21-112 .

As to school elections, see §§ 22-22-101 to 22-22-304 .

As to municipal elections, see §§ 22-23-101 to 22-23-1007 .

As to election of supervisors of conservation districts generally, see §§ 11-16-119 and 11-16-120 .

Editor's notes. —

Laws 1971, ch. 11, § 1, redesignated soil conservation districts as conservation districts. See §§ 11-16-101 to 11-16-134 .

§ 22-2-102. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the applicability of chapters 1 through 28 of the Election Code to special district elections.

§ 22-2-103. Chief election officers.

The secretary of state is the chief election officer for the state and shall maintain uniformity in the applications and operations of the election laws of Wyoming. Each county clerk is the chief election officer for the county.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-5; Laws 1974, ch. 24, § 2.

Cited in

State ex rel. Willis v. Larson, 539 P.2d 352, 1975 Wyo. LEXIS 157 (Wyo. 1975).

§ 22-2-104. Election dates.

  1. A general election shall be held for all the precincts of this state on the Tuesday next following the first Monday in November of each even-numbered year.
  2. A primary election shall be held at the regular polling places for each precinct on the first Tuesday after the third Monday in August in general election years for the nomination of candidates for partisan and nonpartisan offices to be filled at the succeeding general election and for the election of major party precinct committeemen and committeewomen.
  3. A May town election as authorized by W.S. 22-23-202 shall be held on the first Tuesday after the first Monday in the month of May every two (2) years.
  4. Every bond election shall be held on the same day as a primary election or a general election, or on the first Tuesday after the first Monday in May or November, or on the first Tuesday after the third Monday in August.
  5. The election of members of the board of trustees of each school district and community college district shall be held for each district on the first Tuesday after the first Monday in November in general election years.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-6; 1998, ch. 100, § 2; 2015, ch. 138, § 1.

The 2015 amendment, in (a), substituted “for all the precincts” for “in all the precincts”; in (b), substituted “for each precinct” for “in each precinct”; and in (e), substituted “for each district” for “in each district.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-2-105. Terms of office and offices voted on at general elections.

  1. The terms of office and offices voted on at general elections are as follows:
    1. Two Year Term. — At every general election there shall be elected the number of representatives in congress to which this state is entitled and members of the Wyoming house of representatives;
    2. Four Year Term. — At the general election in 1974 and in every fourth (4th) year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:
      1. For a circuit court judge, to the electorate of all counties within the circuit;
      2. For a magistrate required by law to stand for retention, to the electorate of the county wherein the magistrate serves.
    3. Six Year Term. — At the general election in 1976 and in every sixth year thereafter, there shall be elected one (1) United States senator for the term next ensuing. At the general election in 1978 and every sixth year thereafter there shall be elected one (1) United States senator for the term next ensuing. At each general election the retention of district judges for unexpired balances of or new six (6) year terms shall be submitted to the electorate of the several judicial districts, as necessary;
    4. Eight Year Term. — At every general election to the retention of a justice or justices of the Wyoming supreme court for unexpired balances of or new eight (8) year terms shall be submitted to the electorate of the entire state as necessary.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-7; Laws 1978, ch. 45, § 1; 1979, ch. 133, § 2; 1981 Sp. Sess., ch. 22, § 1; 1991, ch. 243, § 2; 2000, ch. 24, § 4; 2001, ch. 10, § 1; 2009, ch. 168, § 201.

Cross references. —

As to when terms of legislators begin, see art. 3, § 5, Wyo. Const.

As to election of governor, see art. 4, § 3, Wyo. Const.

As to the election, qualification and term of state officers generally, see art. 4, § 11, Wyo. Const.

As to number, election and term of supreme court justices, see art. 5, § 4, Wyo. Const.

As to division of state into districts and election and term of district judges, see art. 5, § 19, Wyo. Const.

The 2009 amendment, effective July 1, 2009, in (a)(ii), deleted “and justices of the peace” from the end of the first sentence and deleted “In those counties that have established a circuit court” from the beginning of the last sentence; and in (a)(ii)(A), deleted “except for any county which is not a part of the circuit court system” from the end.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Abolition of office. —

An office, even if it be a constitutional one, may be abolished at any time by a new constitution, or by amendment of the existing one. Reals v. Smith, 8 Wyo. 159, 56 P. 690, 1899 Wyo. LEXIS 6 (Wyo. 1899).

When district judge may be elected. —

A district judge may be elected at any general election where the office will become vacant by the expiration of a term subsequent to such election and prior to the next general election. State ex rel. Burdick v. Schnitger, 17 Wyo. 65, 96 P. 238, 1908 Wyo. LEXIS 7 (Wyo. 1908).

Election of governor. —

A person elected to fill a vacancy in the office of governor on Tuesday next after the first Monday of November, 1892, was elected at a general election. In re Moore, 4 Wyo. 98, 31 P. 980, 1893 Wyo. LEXIS 3 (Wyo. 1893).

Law reviews. —

For article, “Residence and Settlement Laws, Their Effect on Elections, Welfare, and the Right of Free Movement,” see 12 Wyo. L.J. 50 (1957).

§ 22-2-106. Election of presidential and vice-presidential electors.

At the general election in 1976 and every fourth year thereafter, there shall be elected the number of electors of president and vice-president of the United States to which the state is entitled.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-8.

Cross references. —

As to presidential and vice-presidential electors, see §§ 22-19-101 to 22-19-109 .

§ 22-2-107. When elected state and county officers assume offices.

All state and county officers elected at a general election shall assume their offices on the first Monday in January next following their election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-9.

Officer qualified at election, but not at commencement of term. —

Eligibility to office is a continuing requirement, and an officer who is qualified at the time of the election but who is not qualified at the time of the commencement of his term cannot hold the office. State ex rel. Willis v. Larson, 539 P.2d 352, 1975 Wyo. LEXIS 157 (Wyo. 1975).

§ 22-2-108. Secretary of state to certify officers to be elected.

Between the twenty-fourth day of April and the third day of May in each general election year, the secretary of state shall transmit to the county clerk of each county a certified list stating what officers, other than county and precinct officers, are to be nominated or elected at the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-11; Laws 1990, ch. 42, § 1; 1998, ch. 100, § 2; 2008, ch. 115, § 1.

The 2008 amendment, effective July 1, 2008, substituted “transmit to the county clerk of each county a certified list” for “mail to the county clerk of each county a written certificate.”

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

§ 22-2-109. County clerk to publish proclamation.

  1. Between one hundred one (101) and ninety-one (91) days before each primary election the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk’s office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the filing deadline for the offices and the requirements for filing statements of campaign contributions and expenditures. The proclamation shall also include the aforementioned information regarding offices to be filled at the general election and any other pertinent primary election information. In addition, the description of any ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district shall be included.
  2. Between ninety (90) and seventy (70) days before each general election, the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk’s office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the following:
    1. The date of the election;
    2. For any offices not previously included in the proclamation published pursuant to subsection (a) of this section, the offices to be filled at the election including the terms of the offices and the number of persons required by law to fill the offices;
    3. The requirements for filing statements of campaign contributions and expenditures not previously included in the proclamation published pursuant to subsection (a) of this section;
    4. Any other pertinent general election information;
    5. The legislative description of each proposed constitutional amendment or other ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district.
  3. Minor errors in any proclamation shall not invalidate the forthcoming election.

History. Laws 1998, ch. 100, § 2; 2015, ch. 76, § 1; 2018, ch. 101, § 1.

The 2015 amendment, effective July 1, 2015, substituted “campaign contributions” for “campaign receipts” near the end of the first sentence in (a) and (b).

The 2018 amendment, redesignated the existing language of (b) as the present introductory language and (b)(i) through (b)(v); in the introductory language, substituted “Between ninety (90) and seventy (70) days” for “Between forty-five (45) and thirty-five (35) days”; in (b)(ii), added “For any offices not previously included in the proclamation published pursuant to subsection (a) of this section”; in (b)(iii), substituted “not previously included in the proclamation published pursuant to subsection (a) of this section” for “and” at the end; in (b)(iv), deleted “In addition” at the end; in (b)(v), deleted “shall be included” at the end; and made related changes.

Laws 2018, ch. 101, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art 4, § 8, Wyo. Const. Approved March 14, 2018.

Stated in

Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

What is “public place” within requirement as to posting of election notices, 90 ALR2d 1210.

§ 22-2-110. Computing periods of time.

  1. Except for special elections to fill vacancies for a congressman under W.S. 22-18-105 through 22-18-109 , 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. 22-18-105 through 22-18-109 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.
  2. When used to compute periods of time:
    1. “Not later than” is computed by counting the prescribed number of days;
    2. “Not less than” is computed by counting the prescribed number of days and adding one (1) additional day to the computed time.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-13; Laws 1991, ch. 243, § 2; 2002 Sp. Sess., ch. 47, § 1; 2015, ch. 8, § 1.

The 2015 amendment, added the first and last sentence in (a).

§ 22-2-111. Employees time off to vote.

  1. 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 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.
  2. This section shall not apply to an employee who has three (3) or more consecutive nonworking hours during the time the polls are open.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-14; 1998, ch. 100, § 2.

§ 22-2-112. Hours of county clerk's office on election day.

The office of county clerk shall remain open for election business on election day during normal hours of election operations. With prior notice to the public the office of county clerk may be closed to all nonelection business except the recording of documents.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-15; Laws 1991, ch. 243, § 2.

§ 22-2-113. Availability and form of registry lists; use of copies; election record; purging.

  1. The secretary of state shall furnish at a reasonable price registry lists to any candidate for a political office in the state, candidate’s campaign committee, political party central committees and officials thereof, elected officials, political action committees, individuals promoting or opposing a ballot issue or candidate and to organizations which promote voter participation. The county clerks may elect to furnish the lists and, if they do so, shall make them available to all on an equal basis. All lists are for political purposes only and are not available for commercial use. The lists may be in the form of printouts, mailing labels or other electronic format as available. The lists may be reproduced for political purposes.
  2. Repealed by Laws 1991, ch. 243, § 5.
  3. Information copied from campaign contribution and expenditure reports filed by state and local candidates may be used for political purposes but shall not be used for commercial purposes.
  4. Unless otherwise specifically stated in this Election Code, all election records of the county clerk are public. The availability and dissemination of such records shall be in accordance with the Wyoming Public Records Act. Election records containing social security numbers, portions of social security numbers, driver’s license numbers, birth dates, telephone numbers, tribal identification card numbers, e-mail addresses and other personally identifiable information other than names, gender, addresses and party affiliations are not public records and shall be kept confidential. When necessary, members of the county or state canvassing boards may access confidential information for purposes of this code but shall maintain its confidentiality.
  5. The county clerks shall purge and update voter registration information on the voter registration system not later than the fifteenth day of February each year and shall notify the secretary of state upon completion, but not later than February 15 of each year.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-15.1; Laws 1991, ch. 243, §§ 2, 5; 1998, ch. 100, § 2; 2004, ch. 94, § 2; 2005, ch. 110, § 1; 2009, ch. 100, § 2; 2014, ch. 108, § 1; 2015, ch. 76, § 1.

The 2004 amendment rewrote (d), which formerly read: “Unless otherwise specifically stated in this Election Code, all election records of the county clerk are public. The availability and dissemination of such records shall be in accordance with the Wyoming Public Records Act. Election records containing social security numbers are not public records if all other information contained in the record is otherwise available for public inspection.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendments. —

The first 2005 amendment, by ch. 110, § 1, effective July 1, 2005, in (a), substituted “registry” for “computerized voter registration”; and in (e), deleted “and submit” after “purge,” substituted “information on the voter registration system” for “lists,” and deleted “to the secretary of state” at the end.

The second 2005 amendment, by ch. 130, § 1, effective July 1, 2005, in (d) inserted “tribal identification card numbers.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2009 amendment, effective July 1, 2009, deleted “state generated unique voter identification numbers,” preceding “birth dates” in the third sentence of (d).

The 2014 amendment , in the next-to-last sentence of (a), substituted “may” for “shall”, and deleted “tapes”; in the third sentence of (d), inserted “e-mail addresses”; and in (e), added “an shall notify the secretary of state upon completion, but not later than February 15 of each year.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, in (c), substituted “campaign contribution” for “campaign receipts.”

Wyoming Public Records Act. —

The Wyoming Public Records Act, referred to in the second sentence in subsection (d), apparently means article 2 of chapter 4 of title 16, i.e., §§ 16-4-201 through 16-4-205 .

§ 22-2-114. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the construction of the Election Code.

§ 22-2-115. [Renumbered.]

Renumbered by Laws 1991, ch. 243, § 4.

Cross references. —

As to state bond elections, see § 22-21-201 .

§ 22-2-116. Restrictions on holding more than 1 elected public office.

No person may hold an elective public office in any governmental entity which either provides any funding for or receives any funding from another governmental entity in which that person holds elected public office. If a person also is elected to a public office while holding another public office such that this section is applicable, the person shall resign from the public office first held prior to assuming the new office.

History. Laws 1983, ch. 183, § 1; 1985, ch. 66, § 1.

§ 22-2-117. Vote required for election; ratification.

  1. Partisan and nonpartisan candidates who receive the largest number of votes for each office to be filled at the general election are elected.
  2. Repealed by Laws 2009, ch. 100, § 3, ch. 168, § 202.
  3. With the exception of constitutional amendments and statewide initiatives and referenda, all ballot propositions shall be passed if the majority of those casting ballots on that proposition vote in favor of such proposition.
  4. A proposed amendment to the constitution of the state of Wyoming submitted by a two-thirds (2/3) vote of each of the houses of the state legislature or a proposed new constitution submitted by a constitutional convention shall be placed on the ballot at the next general election and shall be ratified if approved by a majority of the electors voting at the next general election.
  5. If votes in an amount in excess of fifty percent (50%) of those voting in the general election are cast in favor of adoption of an initiated measure, the proposed law shall be enacted, and the secretary of state shall so certify. The act shall become effective ninety (90) days after certification.
  6. If votes in an amount in excess of fifty percent (50%) of those voting in the general election are cast in favor of rejection of an act referred, the act is rejected, and the secretary of state shall so certify. The act rejected by referendum is void thirty (30) days after certification.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, § 2; 2009, ch. 100, §§ 2, 3; ch. 168, §§ 201, 202.

The 2009 amendments. —

The first 2009 amendment, by ch. 100, § 2, in (a) deleted “With the exception of justices of the peace,” preceding “partisan”.

The second 2009 amendment by ch. 168, § 201,in (a), deleted “With the exception of justices of the peace,” preceding “partisan,” and by Ch. 168, § 202, repealed (b). While neither of the amendments gave effect to the other, all have been given effect in this section as set out above.

Editor's notes. —

W.S. 5-4-101 , referred to in (b), was repealed by Laws 2004, ch. 42, § 2. See now § 5-9-104 .

§ 22-2-118. [Repealed.]

History: Laws 1998, ch. 100, § 1; Repealed by Laws 2014, ch. 108, § 2.

§ 22-2-119. Qualified elector may vote. [Effective until July 1, 2021]

Except as specifically provided otherwise a person may vote only if he is a qualified elector and only in the precinct in which he resides.

History. Laws 1998, ch. 100, § 1.

The 2021 amendment, effective July 1, 2021, added "; acceptable identification requirement; provisional ballots" in the section heading; substituted "the person" for "he" twice, added "and, if voting in person, only if the person presents acceptable identification immediately before voting at the polling place or absentee polling place. If a person is unable to present acceptable identification immediately before voting at the polling place or absentee polling place, the person may vote by provisional ballot pursuant to W.S. 22-15-105 " at the end and made a related change.

§ 22-2-119. Qualified elector may vote; acceptable identification requirement; provisional ballots. [Effective July 1, 2021]

Except as specifically provided otherwise, a person may vote only if the person is a qualified elector, only in the precinct in which the person resides and, if voting in person, only if the person presents acceptable identification immediately before voting at the polling place or absentee polling place. If a person is unable to present acceptable identification immediately before voting at the polling place or absentee polling place, the person may vote by provisional ballot pursuant to W.S. 22-15-105 .

History. Laws 1998, ch. 100, § 1; 2021, ch. 114, § 1.

§ 22-2-120. Publication of Election Code.

The secretary of state, not later than the first of July in general election years, shall publish the Election Code on the secretary of state’s official website.

History. Laws 1998, ch. 100, § 1; 2015, ch. 76, § 1; 2017, ch. 86, § 1.

The 2015 amendment, effective July 1, 2015, in the first sentence, inserted “and municipal”; and deleted the former last sentence, which read: “The county clerk shall furnish copies of the Election Code to municipal clerks and election officials.”

The 2017 amendment, effective July 1, 2017, substituted “publish” for “distribute copies of” and substituted “on the secretary of state’s official website” for “to county and municipal clerks.”

§ 22-2-121. Chief election officer to prepare forms; rules; advice.

  1. In carrying out his responsibilities under title 22, the secretary of state shall prepare:
    1. Written directives and instructions relating to and based on the election laws;
    2. Sample copies of prescribed and suggested forms;
    3. Advice or request from the attorney general’s office advisory opinions on the effect of election laws and their application, operation and interpretation.
  2. The secretary of state shall promulgate such rules as are necessary to maintain uniform voting and vote counting procedures and orderly voting.
  3. The secretary of state shall have the authority to issue a directive to the county election officers necessary to ensure voter registration and elector participation when a uniformed services or emergency personnel elector could not otherwise vote.
  4. The secretary of state is authorized to adopt rules and regulations necessary to comply with the requirements of the Help America Vote Act of 2002, Public Law 107-252, including a state-based administrative complaint procedure, which shall not be subject to the Wyoming Administrative Procedure Act.
  5. The secretary of state is authorized to adopt rules and regulations necessary to comply with the requirements of the Military and Overseas Voter Empowerment Act of 2009, P.L. 111-84, and shall have the authority to issue directives to county election officers necessary to ensure compliance with the act. Directives authorized under this subsection may include:
    1. That ballots be available for Uniformed and Overseas Citizens Absentee Voting Act voters forty-five (45) days prior to the election;
    2. How ballots are to be transmitted electronically;
    3. How returned ballots shall be tabulated; and
    4. What information shall be provided to Uniformed and Overseas Citizens Absentee Voting Act voters.
  6. The secretary of state shall have the authority to issue directives to county election officers necessary to ensure the proper conduct of elections, including voter registration and elector participation when there is a declared natural disaster or other impending or declared emergency which interferes with an election.
  7. The secretary of state shall adopt rules and regulations that allow for the counting of ballots at a central counting center. The rules shall specify procedures for delivering ballots to the central counting center.

History. Laws 1998, ch. 100, § 1; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 183, § 1; 2004, ch. 94, § 2; 2010, ch. 57, § 1; 2014, ch. 108, § 1; 2019, ch. 159, § 1.

The 2004 amendment, in (c), substituted “uniformed services” for “military”; and in (d) added “which shall not be subject to the Wyoming Administrative Procedure Act” at the end of the paragraph.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2010 amendment, added (e).

Laws 2010, ch. 57, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

The 2014 amendment, added (f).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2019 amendment, effective January 1, 2020, added (g).

Editor's notes. —

Public Law 107-252 is generally codified at 42 U.S.C. § 15301 et seq.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 22-2-122. State and federal share of qualified election expenses; election readiness account.

  1. There is created the election readiness account. The account shall consist of federal funds received by the state of Wyoming from the federal election assistance commission’s 2018 Help America Vote Act (HAVA) election security fund and any state appropriations authorized by the legislature. Funds in the account shall be subject to appropriation. Notwithstanding W.S. 9-2-1008 and 9-4-207 , earnings from the funds in the account shall be credited to the account and shall not lapse at the end of any fiscal period.
  2. Funds in the account shall only be used for replacement and maintenance of voting systems and other ongoing election costs as allowed by the Help America Vote Act (HAVA). Disbursements and expenditures from the account shall be made at the discretion of the secretary of state in consultation with the county clerks.
  3. Commencing in 2019, and annually thereafter, the secretary of state shall document disbursements and expenditures from the account. No later than November 15 of each year, the secretary of state shall report any disbursements and expenditures from the account to the joint appropriations committee, the joint corporations, elections and political subdivisions interim committee and the governor.

History. Laws 2019, ch. 9, § 1.

Effective date. — Laws 2019, ch. 9, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by 4, § 8, Wyo. Const. Approved February 14, 2019.

Chapter 3 Registration

Cross references. —

As to registration, see art. 6, § 12, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 178 to 194.

State voting rights of residents of military establishments, 34 ALR2d 1193.

Right of married women to use maiden surname, 67 ALR3d 1266.

Voting rights of persons mentally incapacitated, 80 ALR3d 1116.

Validity of college or university regulation of political or voter registration activity in student housing facilities, 39 ALR4th 1137.

Validity, construction and application of 42 U.S.C. § 1973i(c) making it federal offense with respect to federal elections to give false information in registering or voting or to pay or accept payment for registering or voting, 23 ALR Fed 463.

29 C.J.S. Elections §§ 47 to 72.

§ 22-3-101. When required; prior registration in effect.

  1. Registration is required before a person may vote.
    1. through (iii) Repealed by Laws 1998, ch. 100, § 5.
  2. Any voter legally registered prior to May 25, 1973, is considered registered under the Election Code enacted in 1973.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-17; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5.

Cross references. —

For constitutional provision as to registration of voters, see art. 6, § 12, Wyo. Const.

§ 22-3-102. Qualifications; temporary registration.

  1. A person may register to vote not less than fourteen (14) days before an election, at any election specified in W.S. 22-2-101(a)(i) through (viii) or as provided by W.S. 22-3-117 , who satisfies the following qualifications:
    1. He is a citizen of the United States;
    2. He will be at least eighteen (18) years of age on the day of the next general election provided he shall not be permitted to vote until he has attained the age of eighteen (18);
    3. He is a bona fide resident of Wyoming as determined in accordance with W.S. 22-1-102(a)(xxx);
    4. He is not currently adjudicated mentally incompetent;
    5. He has not been convicted of a felony, or if convicted has had his civil or voting rights restored.
  2. Repealed by Laws 2004, ch. 94, § 4.
  3. Repealed by Laws 1998, ch. 100, § 5.
  4. An absent uniformed services or an overseas citizen voter who is qualified to register by mail, to request an absentee ballot, and to vote in Wyoming is entitled to register by mail annually using the Federal Postcard Application for the purpose of voting in any election during the calendar year for which the voter registered. The voter’s name shall not appear on the permanent official registry list until the voter has registered as provided in W.S. 22-3-103 and 22-3-104 .
  5. The secretary of state is authorized to provide for the verification of certain voter registration data in accordance with the following:
    1. The secretary of state and the director of the department of transportation shall enter into an agreement to match voter registration data with information maintained by the department regarding driver’s licenses, in order to verify the information provided on applications for voter registration;
    2. The secretary of state and the attorney general shall enter into an agreement to compare data in the voter registration system with information maintained by the division of criminal investigation regarding state felony convictions in order to deny voter registration to, and remove from voter registration lists, individuals who are not qualified electors;
    3. The secretary of state and the director of the department of health shall enter into an agreement to match information in the voter registration system with death records in the office of vital records services within the department of health in order to remove names of deceased individuals from voter registration lists;
    4. The secretary of state, the state board of parole and the department of corrections shall enter into an agreement to match information in the voter registration system with records regarding restoration of voting rights maintained by the state board of parole or the department of corrections in order to verify voter qualifications;
    5. The secretary of state and the supreme court shall enter into an agreement to match information in the voter registration system with other records in order to generate jury lists.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-18; 1993, ch. 172, § 1; 1998, ch. 100, §§ 2, 5; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 132, § 1; 2004, ch. 94, §§ 2, 4; 2009, ch. 100, § 2, ch. 139, § 1; 2013, ch. 28, § 1; 2014, ch. 108, § 1; 2015, ch. 163, § 1; 2020, ch. 100, § 1.

Cross references. —

As to qualifications of electors, see art. 6, § 2, Wyo. Const.

As to when residence not lost by reason of absence, see art. 6, § 7, Wyo. Const.

The 2004 amendment repealed former (b), pertaining to absentee ballots, and added (d) and (e).

The 2009 amendments. —

The first 2009 amendment, by ch. 100, § 2, effective July 1, 2009, in (a)(ii) inserted “general” preceding “election” and added “provided he shall not be permitted to vote until he has attained the age of eighteen (18)” thereafter, and added (e)(v).

The second 2009 amendment, by ch. 139, § 1, effective July 1, 2009, inserted “and effective January 1, 2011 fourteen (14) days” preceding “before an election” in (a).

While neither of the amendments gave effect to the other, all have been given effect in this section as set out above.

The 2013 amendment, effective July 1, 2013, in (a) deleted “thirty (30) days, and effective January 1, 2011” following “not less than;” and in (d) deleted “or as many as the next two (2) federal election cycles” following “one (1) election”, and substituted “election” for “elections” following “special federal,” and made stylistic changes.

The 2014 amendment, in the first sentence of (d), inserted “cycle,” and deleted “but thereafter the voter's name shall be removed from the temporary registration list which shall be maintained as a segregated part of the voter registration list.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment. effective January 1, 2016, in (e)(iv), substituted “state, the state board” for “state and the state board”, inserted “and the department of corrections” and inserted “or the department of corrections”.

The 2020 amendment, effective July 1, 2020, in (d) substituted “by mail annually using” for “by mail using” and “voting in any election during the calendar year for which the voter registered” for “voting in one (1) election cycle, including a primary, general or special federal election.”

Cited in

Cloud v. State, 2014 WY 113, 2014 Wyo. LEXIS 130 (Sept. 10, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Residence or domicile of teacher for purpose of voting, 98 ALR2d 488; 44 ALR3d 797.

Residence of students for voting purposes, 44 ALR3d 797.

§ 22-3-103. Furnishing of oath forms; contents thereof.

  1. The county clerk shall furnish voter registration oath forms to registry agents which forms shall require the following voter information from the applicant:
    1. His full legal name;
    2. His current residence address or if living temporarily in another state or nation, his last residence address in Wyoming;
    3. His postal address if different from his residence address;
    4. His date of birth;
    5. Acceptable identification as defined pursuant to W.S. 22-1-102(a)(xxxix);
    6. Either:
      1. The applicant’s Wyoming driver’s license number, or if the applicant has no current, valid Wyoming driver’s license, a statement to that effect and the last four (4) digits of the applicant’s social security number, or if the applicant has neither, a statement to that effect; or
      2. A tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming, the Northern Arapaho tribe of Wyoming or other federally recognized Indian tribe that contains the applicant’s Wyoming driver’s license number, if the applicant has a Wyoming driver’s license, and the last four (4) digits of the applicant’s social security number.
    7. His political party affiliation, if any.
    8. Repealed by Laws 2010, ch. 3, § 3.
  2. Following the provision of the information required in subsection (a) of this section, the form shall require the applicant’s signature in full below the following oath:

    I, , do solemnly swear (or affirm) that I am a citizen of the United States; that I am a bona fide resident of the state of Wyoming and this county; that if registered in another county or state, I hereby request that my registration be withdrawn; that I will be at least eighteen (18) years of age on or before the next election; that I am not currently adjudicated a mentally incompetent person, that I have not been convicted of a felony, or if I have been convicted of a felony, I have had my civil or voting rights restored by a competent authority; and that the voter registration information contained herein is true and accurate to my best knowledge and belief. (Signature in full of applicant) Subscribed and affirmed or sworn to before me by this day of , (year). (Signature and title of registry agent or person authorized to administer oaths)

    Click to view

  3. Persons in the uniformed services and overseas citizens, as specified in W.S. 22-3-117 , shall swear or affirm to the oath under the penalty of perjury. The oath does not require the signature of an oath-taking officer.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-19; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1985, ch. 143, § 1; ch. 204, § 1; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2003, ch. 132, § 1; 2004, ch. 94, § 2; 2005, ch. 110, § 1; 2008, ch. 115, § 1; 2010, ch. 3, §§ 2, 3; 2014, ch. 108, § 1; 2015, ch. 76, § 1; 2020, ch. 56, § 1.

The 2004 amendment, in (a), substituted “political party and the number of my current, valid Wyoming driver's license is . . . . . , or I have no valid Wyoming driver's license and the last four digits of my social security number are . . . . . , or I have no valid Wyoming driver's license or social security number” for “political party and my social security number (optional) is . . . . . ”; and in (b) substituted “uniformed services” for “military.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendment, effective July 1, 2005, rewrote the section, specifying the information required of the registrant in (a); and simplifying the form and recasting it as (b).

The 2008 amendment, inserted “legal” in (a)(i).

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2010 amendment, effective July 1, 2010, repealed former (a)(viii) which read: “The date he became a resident of the county.” and made a related change.

The 2020 amendment, added the introductory language of (a)(vi); designated former (a)(vi) as (a)(vi)(A), substituted “The applicant’s” for “His,” “if the applicant” for “if he” twice, “four (4) digits of the applicant’s social” for “four 4) digits of his social,” and made a related change; and added (a)(vi)(B).

Laws 2020, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2020.

The 2014 amendment, in the form in (b), inserted “if registered in another county or state, I hereby request that my registration be withdrawn; that,” and deleted “that I am not . . . . . now registered in another county or state.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, in the first sentence in (c), substituted “shall swear” for “may swear.”

Editor's notes. —

Former subsection (b) has been redesignated as subsection (c) at the direction of the legislative service office.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of governmental requirement of oath as applied to voters, 18 ALR2d 268.

§ 22-3-104. Methods of verification; signing oath; time for proving eligibility; registration locations.

  1. and (b) Repealed by Laws 2004, ch. 94 § 4.
  2. Repealed by Laws 2004, ch. 94 § 4.
  3. Repealed by Laws 1998, ch. 100, § 5.
  4. An applicant may only register to vote  in person or by mail at which time he shall provide the information  required by W.S. 22-3-103(a) and sign the registration oath as required by W.S. 22-3-103(b).
    1. through (iii) Repealed  by Laws 2005, ch. 110, § 2.
  5. Repealed by Laws 2005, ch. 110, § 2.
  6. A person shall be registered to vote as  follows:
    1. Repealed by Laws 2014, ch. 108, §  2.
    2. Registration is effective:
      1. At the polls for the purpose of voting.  Upon verification of the information, the voter shall continue to  be registered. Upon failure of verification, the voter’s registration  shall be revoked in accordance with W.S. 22-3-105 ;
      2. For registration, other than at the polls,  after the voter registration information has been entered onto the  voter registration system and verified.
  7. On election day, applicants attempting  to register who lack the proof required under this section shall be  offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day  following the election to present documentation to the county clerk  establishing their eligibility to register and to vote in the precinct.
  8. An applicant may register to vote in person:
    1. In his proper polling place at any election  specified in W.S. 22-2-101(a)(i) through (viii); or
    2. In the office of the county clerk or city  clerk in the principal office building of the county or city in the  presence of the registry agent.
  9. A county or city clerk may establish and  maintain registration facilities in a public area owned or occupied  by a political subdivision or governmental institution, agency or  entity, after giving not less than two (2) days notice by publication  in a newspaper of general circulation in the county and by posting  such notice in such clerk’s office. The requirements of subsection  (h) of this section regarding the place of registration shall not  apply to a person registering in accordance with this subsection.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-20; 1993, ch. 172, § 1; 1998, ch. 100, §§ 2, 5; 2002, Sp. Sess., ch. 18, § 2; 2004, ch. 94, §§ 2, 4; 2005, ch. 110, §§ 1, 2; 2008, ch. 115, § 1; 2014, ch. 108, §§ 1, 2.

The 2004 amendment, by ch. 94, §§ 2 and 4, repealed former (a) and (b), pertaining to signing, subscribing and delivering the registration oath, added (d) through (h), redesignated former (d) as (j), and made stylistic changes.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendment, effective July 1, 2005, rewrote (d), deleting the specific registration requirements and instead referring the registrant to W.S. 23-3-103 , and rewrote (f), modifying duties of election officials; and repealed former (e), which provided that any person authorized to administer oaths would be considered a registry agent for the purposes of registering by mail.

The 2008 amendment, in the first sentence of (j), substituted “area” for “building”, deleted “and on the front door of such public building” at the end.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2014 amendment, repealed former (f)(i) which read: “Registration before the secretary of state has certified that the voter registration system is operational is effective upon receipt and acceptance by the county clerk or election judge of the completed and signed registration oath subscribed by the registry agent or by a person authorized to administer oaths if the voter is registering by mail”; and in (f)(ii), deleted “after the secretary of state has certified that the voter registration system is operational.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

For article, "Wyoming Election Law: Proposals for Reform”, see12 Wyo. L. Rev. 29 (2012).

Am. Jur. 2d, ALR and C.J.S. references. —

What is “public place” within requirement of posting of election notices, 90 ALR2d 1210.

§ 22-3-105. Investigation of voter qualifications; striking names from registry; criteria; notice; appeal.

  1. The county clerk may investigate the qualifications of any voter registration, when he has reasonable cause to believe that the voter may be unqualified. The county clerk shall, after a thorough investigation, strike from the voter registration lists the name of any person who is not qualified to be registered.
  2. Among the criteria the county clerk may use in determining the qualifications of any person to be registered are the following:
    1. Location of dwelling of registrant and family;
    2. Occupation and location of employment;
    3. Location of vehicle registration;
    4. Wyoming driver’s license or tribal identification card that meets the requirements of W.S. 22-3-103(a)(vi)(B);
    5. Property owned;
    6. Any other residency qualifications either provided by law or deemed reasonable by the clerk to render a judicious determination.
  3. The clerk shall give immediate written notice by certified return receipt mail to any person who is denied registration.
  4. Any person who is denied registration has the right to appeal to a circuit court within the county or to the district court within five (5) days of the date of the notification. The appellant shall not be required to obtain legal counsel for any such appeal.
  5. The court shall hear and decide any such appeal within five (5) days from the date the appeal is received.
  6. The provisions of the Wyoming Administrative Procedure Act are not applicable to voter registration appeals.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-21; Laws 1975, ch. 185, § 2; 2000, ch. 24, § 4; 2004, ch. 42, § 1; 2005, ch. 110, § 1; 2020, ch. 56, § 1.

The 2004 amendment in (d) deleted “justice of the peace” following “right to appeal to a.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2005 amendment, effective July 1, 2005, in (a), substituted “voter registration lists” for “registry lists.”

The 2020 amendment, in the introductory language of (b) substituted “the county clerk” for “he”; and in (b)(iv), substituted “Wyoming driver's license or tribal identification card that meets the requirements of W.S. 22-3-103(a)(vi)(B)” for “Driver's license.”

Laws 2020, ch. 56, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2020.

Cross references. —

As to computing time in which to appeal, see § 22-2-110 .

Am. Jur. 2d, ALR and C.J.S. references. —

Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appeal from decision of electoral board, 61 ALR2d 482.

§ 22-3-106. Request for voter registration withdrawal; form.

If a voter registration applicant affirms that he is registered in another county or state, the registry agent shall require that the applicant make a written withdrawal of voter registration from another county or state on the Wyoming registration application.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-22; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2010, ch. 3, § 2.

The 2005 amendment, effective July 1, 2005, in the second sentence, substituted “cause notice to be sent” for “mail the form.”

The 2010 amendment, effective July 1, 2010, substituted “make a written withdrawal of voter registration from another county or state on the Wyoming registration application” for “complete and sign a ‘Request for Voter Registration Withdrawal’ form,” and deleted the former second sentence, introductory clause and the ‘Request for Voter Registration Withdrawal’ form.

§ 22-3-107. Information registry agent may enter on registration form.

The registry agent may determine and enter on a voter registration oath form the voting district number, polling precinct number, school district number, house district number and senate district number after the applicant signs the form.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-23; 1998, ch. 100, § 2.

§ 22-3-108. Official registry list information.

  1. The official registry list shall contain at least the following information as to each registered elector:
    1. Name in full;
    2. Residence by street number and name, if any;
    3. Voting district and precinct numbers;
    4. Party affiliation, if declared;
    5. House and senate district numbers;
    6. Date of birth; and
    7. The elector’s Wyoming driver’s license number, or if the elector has no Wyoming driver’s license, one (1) of the following unique identifying numbers:
      1. The last four (4) digits of the elector’s social security number, or if the elector also has no social security number;
      2. A unique identifying number generated by the state.
  2. The official registry list may contain the following information as to each registered elector:
    1. Repealed by Laws 2004, ch. 94, § 4.
    2. County of residence;
    3. Date of registration;
    4. Repealed by Laws 2004, ch. 94, § 4.
    5. Name of municipal corporation of residence, if any;
    6. Number of school district of residence;
    7. Mailing address;
    8. Gender; and
    9. Telephone number, if any.
  3. The county clerk may maintain within the election records the social security numbers of registered electors for identification purposes.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-24; Laws 1998, ch. 100, § 2; 2004, ch. 94, §§ 2, 4.

The 2004 amendment, by ch. 94, §§ 2 and 4, added (a)(vi) and (vii); repealed former (b)(i), pertaining to social security number, and former (b)(iv), pertaining to date of birth, and added (b)(viii) and (ix); in (c) deleted “which information shall not be a part of the public record” at the end; and made stylistic changes.

Laws 2004, ch. 94, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

§ 22-3-109. Certification and transmittal of poll lists; posting of registry lists.

  1. Not less than ten (10) days before any election, the county clerk shall certify and transmit to the officer in charge of each election at his request the necessary poll lists for the precincts or areas involved in the election. Not less than ten (10) days prior to the primary and general elections the county clerks shall upon request deliver up to three (3) poll lists for each precinct in the county to the county chairman of each political party in the respective counties.
  2. The county clerk shall publicly post in a prominent place at the county courthouse one (1) copy of the registry list for each precinct.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-25; Laws 1977, ch. 186, § 2; 1978, ch. 38, § 2; 2005, ch. 110, § 1; 2014, ch. 108, § 1.

The 2005 amendment, effective July 1, 2005, in (a), twice substituted “poll list” for “registry list,” and substituted “deliver” for“ mail”; and in (b), substituted “registry list” for “list.”

The 2014 amendment, in the last sentence of (a), inserted “upon request,” inserted “up to,” and deleted “copies of the.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-3-110. Expense of preparing poll lists.

The expense of preparing poll lists required by law to be provided by the county clerk in combined statewide political subdivision elections, shall be shared on an equitable basis by the governmental entities participating in the election. The expense of preparing other poll lists shall be paid by the entity holding the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-26; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, twice substituted “poll lists” for “registry lists.”

§ 22-3-111. Preparation and contents of pollbooks.

  1. The county clerk shall prepare the necessary pollbooks for statewide and political subdivision elections held on the same date. The pollbooks shall contain the poll lists.
  2. Pollbooks shall be prepared for special district elections by the officials in charge of such elections. The county clerk shall furnish poll lists as required and requested by such officials.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-27; 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2015, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, substituted “poll lists” for “registry lists” in (a) and (b).

The 2015 amendment, rewrote (a), which formerly read: “The county clerk shall prepare the necessary pollbooks for each precinct for statewide and political subdivision elections held on the same date. The precinct pollbooks shall contain the poll lists, the oaths of judges of election, certificate of ballots, and a tally sheet if ballots are hand counted. On the cover of the pollbook shall be printed the words ‘Pollbook’, the election and date of the election, the voting district and precinct numbers.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-3-112. Pollbook distribution; entering information.

Before the polls open, the county clerk shall distribute the pollbooks to the judges of election in the respective polling places. The judges of election shall enter in pollbooks all information required by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-28; 2015, ch. 138, § 1.

The 2015 amendment, in the first sentence, substituted “pollbooks” for “precinct pollbooks” and “polling places” for “precincts.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-3-113. Disposition of pollbooks after polls close.

  1. After the polls are closed, judges of the election shall make printed pollbooks agree and shall return one (1) pollbook to the county clerk.
  2. When electronic pollbooks are used, they shall be returned to the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957 § 22.1-29; Laws 1991, ch. 243, § 2; 2005, ch. 110, § 1; 2015, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, deleted “and one (1) copy of the registry list, which may be one and the same” after the first reference to “poll list,” and substituted “poll list” or a variant for “pollbook” or a variant throughout.

The 2015 amendment, designated the existing provisions as (a); rewrote (a); and added (b).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-3-114. Notification by registered elector of name or address change.

A registered elector who changes his name or changes his residence from one address to another within the same county shall notify the county clerk of the change, including in the notification the name, address, precinct and social security number (optional) under which registered and the nature of the change.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-30; 1998, ch. 100, § 2; 2002, Sp. Sess., ch. 18, § 2.

Referendum petitions. —

It was error for a city clerk to reject signatures on a municipal referendum petition of voters whose addresses stated on the petition differed from addresses in the county clerk's voter registration list because one could lawfully move to a different address within the city without updating his or her address and still be a legally qualified elector registered in the city. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

It was error for a city clerk to reject signatures on a municipal referendum petition of voters who moved within the city without notifying the county clerk because this did not automatically disqualify the voters, as (1) Wyo. Stat. Ann. § 22-3-115(a) stated the criteria for cancelling a voter's registration, and, (2) under Wyo. Stat. Ann. § 22-3-116 , a registration could not be cancelled automatically. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of married woman to use maiden surname, 67 ALR3d 1266.

§ 22-3-115. Grounds for cancellation of registration.

  1. A registered elector’s registration shall be cancelled for any one (1) of the following reasons:
    1. Failure to vote in any general election;
    2. Death;
    3. Removal of residence from the county or state more than thirty (30) days prior to an election;
    4. Disqualification to vote;
    5. Receipt of notification that the elector has registered to vote in another jurisdiction;
    6. Upon written request of the elector.
  2. A registered elector’s registration shall not be cancelled if the elector in any general election requested an absentee ballot which was rejected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-31; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

Referendum petitions. —

It was error for a city clerk to reject signatures on a municipal referendum petition of voters who moved within the city without notifying the county clerk because this did not automatically disqualify the voters, as (1) Wyo. Stat. Ann. § 22-3-115(a) stated the criteria for cancelling a voter's registration, and, (2) under Wyo. Stat. Ann. § 22-3-116 , a registration could not be cancelled automatically. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

It was error for a city clerk to reject signatures on a municipal referendum petition of voters whose addresses stated on the petition differed from addresses in the county clerk's voter registration list because one could lawfully move to a different address within the city without updating his or her address and still be a legally qualified elector registered in the city. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

Cross references. —

As to persons excluded from franchise, see art. 6, § 6, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “conviction” within constitutional provisions disfranchising one convicted of crime, 36 ALR2d 1238.

Effect of conviction under federal law, or law of another state or country, on right to vote, 39 ALR3d 303.

§ 22-3-116. Notice of intent to cancel registration.

When the county clerk has information that a registration should be cancelled, he shall mail a notice of intent to cancel to the elector at his address on the registry list stating the reason for cancellation. The notice shall state that cancellation shall occur within twenty (20) days unless the elector asks that his name remain on the registry list. A copy of the notice of cancellation shall be retained by the county clerk for three (3) years. A notice is not required if the clerk has received a receipt of notification that the elector has registered to vote in another jurisdiction or if the elector requested cancellation in writing.

History. Laws 1973, ch. 251,§ 1; W.S. 1957, § 22.1-32; Laws 1974, ch. 24,§ 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2.

Referendum petitions. —

It was error for a city clerk to reject signatures on a municipal referendum petition of voters who moved within the city without notifying the county clerk because this did not automatically disqualify the voters, as (1) Wyo. Stat. Ann. § 22-3-115(a) stated the criteria for cancelling a voter's registration, and, (2) under Wyo. Stat. Ann. § 22-3-116 , a registration could not be cancelled automatically. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

§ 22-3-117. Absentee registration generally; use of federal postcard.

  1. Notwithstanding any other section or provision in this chapter, any citizen of the United States who is a resident of Wyoming may apply for registration by providing the information required by W.S. 22-3-103(a) and acceptable identification to and completing and subscribing, the form of voter registration oath prescribed by W.S. 22-3-103(b) before any person authorized by law to administer oaths. Each county clerk shall furnish the voter registration oath forms. The applicant shall mail or return the completed voter registration oath form to the county clerk in the county in which the applicant resides. In order to vote in the next election, the application must be received in the county clerk’s office before the close of registration for that election, or:
    1. Be received by mail or email and processed by the county clerk during the closed period described in W.S. 22-3-102(a) if it is accompanied by an absentee ballot request for elections where a voter may register at the polls;
    2. Be made at the county clerk’s office during the closed period described in W.S. 22-3-102(a) if the voter simultaneously votes at the county clerk’s office; or
    3. Be made and processed at the absentee polling place during the closed period described in W.S. 22-3-102(a) if the voter simultaneously votes at the absentee polling place established for that purpose pursuant to W.S. 22-9-125 .
  2. Under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (2002) the following persons shall be allowed to simultaneously register and make application for an absentee ballot through the use of the Federal Postcard Application (FPCA), provided those persons are residents of this state or in the case of overseas citizens, they were last domiciled in Wyoming immediately prior to their departure from the United States and are not registered to vote in any other jurisdiction:
    1. Members of the uniformed services and their spouses and dependents residing with them;
    2. Overseas citizens and their spouses and dependents residing with them;
    3. Citizens temporarily residing outside of the United States, and their spouses and dependents residing with them; and
    4. Any other person to whom federal law requires this privilege be extended.
  3. Annual registration through the Federal Postcard Application constitutes temporary registration for the purpose of voting in any election during the calendar year for which the voter registered, and the registration of such a registrant shall be maintained as provided in W.S. 22-3-102(d). The Federal Postcard Application shall be accepted if completed and signed by the applicant under penalty of perjury.
  4. If any person specified in subsection (b) of this section desires permanent registration, that person shall provide the information required by W.S. 22-3-103(a) and subscribe to the voter registration oath prescribed by W.S. 22-3-103(b). The oath shall be self-administered under penalty of perjury and notwithstanding W.S. 22-3-104 does not require the signature of an oath-taking official.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-33; Laws 1979, ch. 133, § 2; 1985, ch. 143, § 1; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 18, § 2; 2004, ch. 94, § 2; 2005, ch. 110, § 1; 2009, ch. 139, § 1; 2013, ch. 28, § 1; 2014, ch. 108, § 1; 2020, ch. 100, § 1.

The 2004 amendment, in (b), substituted “Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff (2002)” for “Military and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (1986) or any subsequent federal laws of similar purpose,” in (b)(i) substituted “uniformed services” for “armed forces and merchant marine,” and in (b)(iii) deleted “and the District of Columbia” following “United States”; in (c) rewrote the first sentence which formerly read: “Registration through the Federal Postcard Application constitutes temporary registration for the current election year only and the registration of such a registrant shall not be entered on the permanent registration records of the county clerk”; in (d) inserted “notwithstanding W.S. 22-3-104 ” following “under penalty of perjury and”; and made stylistic changes.

The 2005 amendment, effective July 1, 2005, in (a) and (d) inserted “provide the information required by W.S. 22-3-103 (a) and” or a variant, and substituted “W.S. 22-3-103 (b)” for “W.S. 22-3-103”; and additionally in (a) deleted “which person is considered a registry agent for this purpose” following “administer oaths.”

The 2009 amendment, effective July 1, 2009, in (a), added designation (a)(i) and substituted “Be received by mail and processed by the county clerk during the closed period described in W.S. 22-3-102(a) if it is accompanied” for “Be accompanied”; and added (a)(ii) and (a)(iii).

The 2013 amendment, effective July 1, 2013, deleted “or as many as the next two (2) federal election cycles” following “one (1) election,” substituted “election” for “elections” following “special federal,” and made stylistic changes in (c).

The 2014 amendment, inserted “cycle” in (c).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2020 amendment, effective July 1, 2020, in (a)(i) substituted “by mail or email” for “by mail”; and in (c) substituted “Annual registration” for “Registration” and “voting in any election during the calendar year for which the voter registered” for “voting in one (1) election cycle, including a primary, general or special federal election.”

§ 22-3-118. Proof of identity. [Effective until July 1, 2021]

  1. Unless a voter is challenged pursuant to W.S. 22-15-101 through 22-15-109 , no identification shall be required when:
    1. Voting in person or by mail after having registered in person; or
    2. Voting in person or by mail after having registered by mail and having submitted a copy of the person’s acceptable identification, as set forth in W.S. 22-1-102(a)(xxxix), at the time of registration.
  2. and (c) Repealed by Laws 2020, ch. 100, § 2.
  3. Voters who are challenged and are unable to provide the required proof of identity shall be offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to vote.
  4. The provisions of this section shall not apply to elections conducted pursuant to chapter 29 of this Election Code.
  5. Repealed by Laws 2020, ch. 100, § 2.

History. Laws 2004, ch. 94, § 1; 2020, ch. 100, §§ 1, 2.

The 2020 amendment, effective July 1, 2020, in (a)(ii) substituted “having submitted a copy of the person's acceptable identification, as set forth in W.S. 22-1-102(a)(xxxix), at the time of registration” for “having previously voted in a Wyoming federal election”; repealed (b) and (c), which read “(b) Prior to voting, when a voter has registered by mail and is voting in person in his first Wyoming federal election, he shall provide: (i) A current, valid photo identification; or (ii) A copy of a current utility bill, bank statement, paycheck, government check or other government document which shows his name and address. (c) When a voter has registered by mail and he is voting by mail in his first Wyoming federal election, he shall submit with his absentee ballot: (i) A copy of a current, valid photo identification; or (ii) A copy of a current utility bill, bank statement, government check, paycheck, or other government document which shows his name and address.”; in (d) substituted “who are challenged and are unable” for “who are unable,” “proof of identity” for “proof under the applicable provisions of subsections (b) and (c) of this section,” and “to vote” for “to vote in the precinct”; and repealed (f), which read “As used in this section “Wyoming federal election” means a primary election, general election or a special election for federal office held in this state.”

The 2021 amendment, effective July 1, 2021, in (a)(i) and (a)(ii), deleted "in person or" following "Voting," substituted "absentee ballot" for "mail"; and added "(A)" following "W.S. 22-1-102(a)(xxxix)" in (a)(ii).

Effective dates. —

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

Am Jur 2d and C.J.S. references

Constitutionality of Requiring Presentation of Photographic Identification in Order to Vote. 27 A.L.R.6th 541.

§ 22-3-118. Proof of identity. [Effective July 1, 2021]

  1. Unless a voter is challenged pursuant to W.S. 22-15-101 through 22-15-109 , no identification shall be required when:
    1. Voting by absentee ballot after having registered in person; or
    2. Voting by absentee ballot after having registered by mail and having submitted a copy of the person’s acceptable identification, as set forth in W.S. 22-1-102(a)(xxxix)(A), at the time of registration.
  2. and (c) Repealed by Laws 2020, ch. 100, § 2.
  3. Voters who are challenged and are unable to provide the required proof of identity shall be offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to vote.
  4. The provisions of this section shall not apply to elections conducted pursuant to chapter 29 of this Election Code.
  5. Repealed by Laws 2020, ch. 100, § 2.

History. Laws 2004, ch. 94, § 1; 2020, ch. 100, §§ 1, 2; 2021, ch. 114, § 1.

Chapter 4 Political Parties

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 195 to 202.

29 C.J.S. Elections §§ 148 to 177.

Article 1. Major Political Parties

§ 22-4-101. Application; composition, election and qualifications of county central committees; certificate of election.

  1. This article is applicable only to “major political parties”.
  2. The county central committee of each political party consists of precinct committeemen and committeewomen elected in the county at the regular biennial primary election. Except as provided in subsection (c) of this section, each political party in each precinct shall elect one (1) committeeman and one (1) committeewoman for each two hundred fifty (250) votes or major fraction thereof cast for the party’s candidate for representative in congress in the last general election, but provided that no precinct shall be entitled to less than one (1) precinct committeeman and precinct committeewoman. Precinct committeemen and committeewomen shall be electors registered in the party and resident in the precinct. If a precinct boundary line is changed for any reason, the county commissioners shall determine the number of precinct committeemen and committeewomen to which the affected precinct is entitled.
  3. In any general election year in which a new plan of legislative districts is required, the number of precinct committeemen and committeewomen shall be one (1) committeeman and one (1) committeewoman for each two hundred fifty (250) votes or major fraction thereof of voters registered in that political party at the time election districts are adopted by the county commissioners as provided in W.S. 22-7-101 , provided that no precinct shall be entitled to less than one (1) precinct committeeman and precinct committeewoman.
  4. No later than forty-five (45) days after the date of the primary election, the county canvassing board or a canvassing board appointed by the county clerk consisting of two (2) electors and the county clerk, shall provide to each county chairman the certified election results for precinct committeemen and committeewomen and a list of persons who received write-in votes for precinct committeemen or committeewomen.
  5. The term of office for all precinct committeemen and committeewomen shall be two (2) years and shall begin on the first Monday in January of the year following their election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-34; Laws 1991, ch. 243, § 2; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2012, ch. 9, § 1; 2015, ch. 154, § 1; 2020, ch. 92, § 1.

The 2012 amendment, inserted “Except as provided in subsection (c) of this section” in (b); and adding (c).

Laws 2012, ch. 9 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

The 2015 amendment, effective July 1, 2015, in (b), deleted the former next-to-last sentence, which read: “The county clerk shall issue a certificate of election to the precinct committeemen and committeewomen elected and concurrently notify the county central committee chairman. The certificate shall state the term of office which shall begin on the day the primary election is canvassed and shall expire on the date the next regular biennial primary election is canvassed”; and added (d) and (e).

The 2020 amendment, effective July 1, 2020, in (a) deleted “Except for the term beginning after the canvass of the 2014 primary election” at the beginning and the last sentence, which read “The term for committeemen and committeewomen elected at the 2014 primary election shall end on the first Monday in January of 2017.”

§ 22-4-102. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the procedure for breaking a tie vote for precinct committeeman or committeewoman.

§ 22-4-103. County central committee vacancies.

A vacancy in the county central committee shall occur in the case of death, resignation, failure of a qualified candidate to be elected to a precinct committeeman or committeewoman position, or removal of residence from the precinct. A vacancy shall be filled by the county central committee by election of a registered elector resident in the precinct in which the vacancy exists and registered in the party or as provided by the party bylaws.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-36; 1998, ch. 100, § 2.

§ 22-4-104. County central committee organizational meeting; notice of meetings.

The county central committee shall meet and organize under the direction of the county chairman at the time and place determined by the county chairman within thirty (30) days after the term of its members begins. The county chairman shall also publish a notice of all meetings of the county central committee in a newspaper of general county circulation not less than two (2) days prior to a meeting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-37; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2015, ch. 154, § 1; 2020, ch. 92, § 1.

The 2015 amendment, effective July 1, 2015, in the first sentence, substituted “received the certified election results of all members elected to the committee” for “received notice from the county clerk that all of its members have been certified elected.”

The 2020 amendment, effective July 1, 2020, substituted “after the term of its members begins” for “after the county chairman has received the certified election results of all members elected to the committee.”

§ 22-4-105. County central committee odd year meeting; notice; election of chairman, state committeeman and committeewoman.

The county central committee shall meet at the county seat each odd-numbered year at a time and place determined by the county chairman. The county chairman shall publish notice of the meeting in a newspaper of general circulation within the county not less than ten (10) days before this meeting. At the meeting, the county central committee shall elect the chairman of the county central committee, one (1) state committeeman and one (1) state committeewoman and other offices as provided by the party bylaws. A state political party may provide in its rules for the election of additional state committeemen and additional state committeewomen. Neither the chairman, state committeeman or state committeewoman need be members of the county central committee.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-38; Laws 1983, ch. 183, § 2; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 47, § 1.

§ 22-4-106. County convention.

The county convention of each political party shall meet in even-numbered years.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-39; Laws 1983, ch. 183, § 2; 1991, ch. 243, § 2; 1996, ch. 93, § 1; 1999, ch. 202, § 1; 2002 Sp. Sess., ch. 47, § 1.

§ 22-4-107. County convention delegates.

Delegates to the county convention of a political party are the members of the county central committee, unless a political party provides in its rules for an alternate method of selecting such delegates.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-40.

§ 22-4-108. Delegates and alternates to state convention; county platform.

The county convention shall elect from electors resident in the county and registered in the party delegates and alternates to the state convention as apportioned by the rules of the party. The county convention may also adopt a county platform.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-41.

§ 22-4-109. Notice to state chairman of state committeeman and committeewoman.

The county chairman shall immediately notify the state chairman in writing of the names and addresses of persons elected to the offices of state committeeman and committeewoman.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-42.

§ 22-4-110. Composition of state central committee.

The state central committee consists of state committeemen and committeewomen and county chairmen elected at the odd-numbered year meeting of the county central committees, and of any other party officials provided by the bylaws of the party.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-43; Laws 1983, ch. 183, § 2; 1996, ch. 93, § 1; 2002 Sp. Sess., ch. 47, § 1.

§ 22-4-111. State central committee organizational meeting; notice.

The state central committee shall hold an organizational meeting in odd-numbered years, at which it shall elect from electors registered in the party a chairman, secretary and other officers as provided in the rules of the party. The state chairman shall mail notice of the time and place of this meeting to each member of the committee not later than ten (10) days before the meeting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-44; Laws 1983, ch. 183, § 2; 2002 Sp. Sess., ch. 47, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-4-112. State committeeman or committeewoman vacancies.

A vacancy in the office of state committeeman or committeewoman occurring by death, resignation or removal of residence from the county shall be filled by the county central committee of the county in which the vacancy occurs within thirty (30) days of such vacancy.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-45.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-4-113. Delegation of functions to subcommittees.

The state and county central committees may delegate any lawful function to a subcommittee by majority resolution consistent with party rules, except election of its officers.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-46.

§ 22-4-114. Representation by proxy; qualifications.

A member of a political committee or subcommittee may be represented at any meeting of the committee or subcommittee by written proxy. A person holding a proxy must be a resident of the same political subdivision as the member he represents. No person shall be allowed to vote more than two (2) proxies.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-47.

§ 22-4-115. Date of party state convention.

Each political party shall hold a state convention in even-numbered years.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-48; Laws 1983, ch. 183, § 2; 1996, ch. 93, § 1; 2002 Sp. Sess., ch. 47, § 1.

§ 22-4-116. Calling of state convention; contents of notice.

The state chairman shall call a state convention by filing notice in the office of the secretary of state and of each county clerk not later than twenty (20) days before the convention. The notice shall state the total number of delegates and alternates, and the number of delegates to which each county is entitled.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-49.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-4-117. State convention members.

Members of the state convention are the delegates or their alternates chosen by the county conventions, and the delegates or their alternates chosen at large by the youth organizations of the political parties in accordance with rules of their respective party.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-50; Laws 1991, ch. 243, § 2.

§ 22-4-118. State convention powers and duties.

  1. The state convention has the following powers and duties:
    1. To nominate electors of president and vice-president of the United States;
    2. To elect national committeemen and committeewomen;
    3. To adopt a platform;
    4. To select delegates and alternates to national nominating conventions;
    5. To formulate or change the rules governing the internal organizations of the party which rules must include:
      1. The time, place, manner of election and terms of office of party officers not provided by statute;
      2. The method of apportioning delegates and alternates to the state convention to each county;
      3. The method of selecting delegates and alternates to the national convention;
      4. The name, powers and duties of any standing committee of the state central committee and the state convention;
      5. Rules of conduct for county and state conventions;
      6. Powers and duties delegated to county and state committees.
    6. To conduct such other business as it deems necessary or proper.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-51.

Cross references. —

As to election of presidential and vice-presidential electors, see §§ 22-19-101 to 22-19-109 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Power to make party nominations. —

Legislature has never recognized any power in political committees to make party nominations, except as delegated to it either by party convention or legislature. State ex rel. Copenhaver v. Jack, 60 Wyo. 405, 153 P.2d 149, 1944 Wyo. LEXIS 18 (Wyo. 1944).

Statutes did not authorize state central committee to nominate candidate for office of secretary of state to fill unexpired term of one who died 26 days before general election date. State ex rel. Copenhaver v. Jack, 60 Wyo. 405, 153 P.2d 149, 1944 Wyo. LEXIS 18 (Wyo. 1944).

§ 22-4-119. Certification and filing of rules and bylaws.

  1. The county party chairman and party secretary shall certify all rules and bylaws promulgated, revoked or amended by the county central committee and file them with the county clerk within thirty (30) days after the adjournment of the county central committee meeting.
  2. The state party chairman and party secretary shall certify all rules and bylaws promulgated, revoked or amended by the state convention and file them with the secretary of state within thirty (30) days after the adjournment of the state convention.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-52; 1998, ch. 100, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-4-120. Certification of presidential elector nominees and party officers.

The state party chairman and party secretary shall certify the names of nominees for presidential electors and the names of the state and county party officers elected or appointed to the secretary of state immediately after their selection.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-53; 1996, ch. 93, § 1; 1998, ch. 100, § 2.

Cross references. —

As to election of presidential and vice-presidential electors, see §§ 22-19-101 to 22-19-109 .

Article 2. Formation

§ 22-4-201. [Renumbered.]

Renumbered by Laws 1991, ch. 243, § 3.

Cross references. —

As to form and validity of petition, see § 22-4-402 .

§§ 22-4-202 through 22-4-204. [Renumbered.]

Renumbered by Laws 1991, ch. 243, § 4.

Cross references. —

As to circulation, signing and verification of petition, see §§ 22-4-403 through 22-4-405 .

§§ 22-4-205 through 22-4-208. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

These sections, which derived from Laws 1984, ch. 40, § 1, related to the effect of a valid petition, the application for nomination or election, vacancies in nomination and filing a vacancy in office.

Article 3. Minor Political Parties

Constitutionality of former provisions governing minor party ballot access. —

The former provisions of the Wyoming Election Code governing minor party ballot access were unduly burdensome and, hence, unconstitutional. Blomquist v. Thomson, 591 F. Supp. 768, 1984 U.S. Dist. LEXIS 19379 (D. Wyo.), rev'd, 739 F.2d 525, 1984 U.S. App. LEXIS 20277 (10th Cir. Wyo. 1984) (decided under pre-1984 version of former § 22-1-102(g) and prior to enactment of former § 22-4-201 et seq.).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state statutes governing “minor political parties”, 120 ALR 5th 1.

§ 22-4-301. Application of article.

This article is applicable only to minor political parties.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, § 2.

§ 22-4-302. Composition and qualifications of minor party offices.

Each minor party shall provide for a sufficient number of officers to govern the party and shall have at least a state party chairman and a state party secretary. Each officer shall be a registered elector in the party. Officers shall be elected or appointed in accordance with party rules and bylaws.

History. Laws 1991, ch. 243, § 1.

§ 22-4-303. Nomination of candidates.

Minor parties may nominate candidates to be placed on the general election ballot only by party convention. Under no circumstances shall a minor political party nominate by the primary election process.

History. Laws 1991, ch. 243, § 1.

§ 22-4-304. Certification of candidates; fees.

  1. The chairman and secretary of the state political convention shall certify to the secretary of state the names of its party’s nominees for United States senator, United States representative, all elective state offices and legislative offices.
  2. The chairman and secretary of the state or county political convention shall certify to the county clerk the names of its party’s nominees for elected county offices and office of the district attorney.
  3. The names certified to the secretary of state or the county clerk shall be filed no later than the day before the primary election.
  4. Persons certified as nominees shall be members of that party, as shown by their affidavits of registration, at the time their names are certified to the secretary of state or the county clerk.
  5. Each certification made under this section shall be accompanied by the same application and fee required for the same office of a candidate seeking nomination by primary election. A certification not accompanied by the application and fee is not valid.

History: Laws 1991, ch. 243, § 1; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2014, ch. 108, § 1.

The 2014 amendment, in (a), inserted “and” preceding “legislative,” and deleted “and office of district attorney” at the end; and in (b), added “and office of the district attorney” at the end.

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-4-305. Certification and filing of rules and bylaws.

The state party chairman and state party secretary shall certify all rules and bylaws promulgated, revoked or amended by the state convention and file them with the secretary of state within thirty (30) days after the adjournment of the state convention.

History. Laws 1991, ch. 243, § 1.

§ 22-4-306. Certification of presidential elector nominees and party officers.

The state party chairman and state party secretary shall certify the names of nominees for presidential electors and the name of the state and county party officers elected to the secretary of state immediately after the state convention.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, § 2.

§ 22-4-307. Calling of state convention, contents of notice.

The state chairman shall call a state convention by filing notice in the office of the secretary of state and of each county clerk not later than twenty (20) days before the convention. The notice shall state the eligibility requirements for voting at the convention.

History. Laws 1998, ch. 100, § 1.

Article 4. Formation of New Provisional Parties

Am. Jur. 2d, ALR and C.J.S. references. —

29 C.J.S. Elections §§ 148 to 153.

§ 22-4-401. Application of article.

This article is applicable only to provisional parties.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, § 2.

§ 22-4-402. Petition; form; validity.

  1. Any group of persons desiring to form a new political party within this state shall file a petition with the secretary of state not later than June 1 in any general election year in which the party seeks to qualify for the general election ballot.
  2. The petition shall be approved by the secretary of state prior to circulation and shall conform in substance to the following:

    PETITION FOR FORMATIONOF A POLITICAL PARTY I know the contents of this petition including the names of the provisional party officers and request that the party be printed on the ballot for the next general election. I am a registered elector for the next primary and general election. (This statement shall appear at the head of each petition page.) PROVISIONAL PARTY OFFICERSNAME ADDRESS CHAIRPERSON TREASURER PETITIONERS (Signature) (Printed Name) (Residence) (Date) 1. 2. VERIFICATION BY CIRCULATORS I, , do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from (month) (day), (year) through (month) (day), (year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be. (signature) (residence address)

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  3. The name of the party printed on the petition shall consist of not more than two (2) words and shall not be identical to, nor similar to, the name of any existing qualified political party as determined by the secretary of state, nor to the word “independent”.
  4. To be valid, a petition shall contain the names and signatures of registered electors equal in number to not less than two percent (2%) of the total number of votes cast for the office of United States house of representatives in the last general election.
  5. The petition shall be circulated no earlier than April 1 of the year preceding the general election.

History. Laws 1984, ch. 40, § 1; W.S. 1977, § 22-4-201 ; Laws 1985, ch. 204, § 1; 1991, ch. 243, § 3; 1997, ch. 37, § 1; 1998, ch. 100, § 2; 2019, ch. 186, § 1.

The 2019 amendment, effective July 1, 2019, in (d), substituted "representatives" for "representative."

Independent candidate and new political party failed to show likelihood of success on merits in challenge to statutory signature and deadline requirements. See Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. Wyo. 1984).

§ 22-4-403. Circulation of petition; requirements.

Copies of the petition may be circulated for signatures, but each separate page shall contain the information required to be contained in the original petition. An elector signing the petition shall also list his name, residence and the date after his signature, as provided on the petition form in W.S. 22-4-402(b).

History. Laws 1984, ch. 40, § 1; W.S. 1977, § 22-4-202 ; Laws 1991, ch. 243, § 4.

Editor's notes. —

Laws 1991, ch. 243, § 4, renumbered this section, which was former § 22-4-202 , effective July 1, 1991.

§ 22-4-404. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 11, § 1.

Editor's notes. —

This section, which derived from Laws 1984, ch. 40, § 1, related to signing more than one petition to form a new political party.

§ 22-4-405. Verification of signatures on petition.

The secretary of state shall determine from the official list of registered electors whether sufficient valid signatures have been obtained on petitions filed with the secretary of state’s office.

History. Laws 1984, ch. 40, § 1; W.S. 1977, § 22-4-204; Laws 1991, ch. 243, § 4.

Editor's notes. —

Laws 1991, ch. 243, § 4, renumbered this section, which was former § 22-4-204, effective July 1, 1991.

§ 22-4-406. Officers and nominating procedures.

A provisional party shall be subject to W.S. 22-4-302 through 22-4-307 . Under no circumstances shall a provisional party nominate by the primary election process.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, § 2.

Chapter 5 Nominations

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 207 to 277.

Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery, 55 ALR2d 1137.

Right to seek nomination, or to become candidate, for more than 1 office in same election, 94 ALR2d 557.

29 C.J.S. Elections §§ 89 to 148.

Article 1. General Provisions

§ 22-5-101. How candidates nominated.

Nominations of candidates for all offices filled at a general election, except school and community college district offices and special district offices, may be made by primary election, by petition for nomination as an independent candidate as provided in W.S. 22-5-301 through 22-5-308 or by convention as provided in W.S. 22-4-303 and 22-4-406 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-54; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2.

Stated in

Blomquist v. Thomson, 591 F. Supp. 768, 1984 U.S. Dist. LEXIS 19379 (D. Wyo. 1984).

§ 22-5-102. Eligibility to be a candidate for state legislature; residency.

  1. For the purpose of meeting residency requirements of the Wyoming constitution, a person shall not be a candidate for the state legislature from a legislative district unless he has been a resident of that legislative district for at least one (1) year next preceding his election. In any general election year in which a plan of legislative districts is required but has not been enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for the state legislature from a legislative district if he:
    1. Is a resident of the legislative district on the date he files an application under W.S. 22-5-204 or a petition under W.S. 22-5-301 ; and
    2. Has been a resident of a county for at least one (1) year next preceding his election in which any portion of that legislative district is located.

History. Laws 1992, ch. 1, § 4; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 1, § 2.

Cross references. —

As to terms and qualifications of the members of the legislative department, see art. 3, § 2, Wyo. Const.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-5-103. Limits on ballot access; state offices.

  1. Notwithstanding any other provision of Wyoming law, the secretary of state or other authorized official shall not certify the name of any person as the nominee or candidate for the office sought, nor shall that person be elected nor serve in that office if the following will occur:
    1. The person, by the end of the current term of office will have served, or but for resignation, would have served eight (8) or more years in any sixteen (16) year period in the office for which the candidate is seeking nomination or election, except, that any time served in that particular office prior to January 1, 1993, shall not be counted for purposes of this term limit. This provision shall apply to the office of governor.
    2. and (iii) Repealed by Laws 2005, ch. 241, § 1.

History. 1992 Initiative No. 1, § 1; W.S. 1977, § 22-5-102 ; Laws 1995, ch. 12, § 1; 2005, ch. 241, § 1; 2015, ch. 76, § 1.

The 2005 amendment, effective July 1, 2005, repealed (a)(ii) and (a)(iii), pertaining to term limits for persons who had served, or but for resignation would have served, 12 or more years in a 24-year period.

The 2015 amendment, effective July 1, 2015, in (a)(i), substituted “office of governor” for “offices of governor, secretary of state, state auditor, state treasurer, and state superintendent of public instruction.”

Editor's notes. —

This section was enacted by initiative, approved by the voters on November 3, 1992, certified by the secretary of state on November 12, 1992, and effective February 10, 1993.

1992 Initiative No. 1, § 2, provides:

This section was enacted as § 22-5-102 . As there already was a § 22-5-102 , this section has been renumbered as § 22-5-103 .

Laws 1995, ch. 12, § 2, provides: “The intent of this act is to permit state representatives to serve the same number of years as state senators while maintaining term limits.”

There is no subsection (b) in this section as it appears in the printed acts.

Constitutionality. —

Wyo. Const. art. 1, § 3 prohibited the passage of any law conditioning political rights and privileges upon a circumstance or condition other than those enumerated. Because Wyo. Stat. Ann. § 22-5-103 conditioned the right to hold the office of Secretary of State on incumbency, not an enumerated condition, it was unconstitutional. Maxfield v. State, 2013 WY 14, 294 P.3d 895, 2013 Wyo. LEXIS 17 (Wyo. 2013).

Term limit law, Wyo. Stat. Ann. § 22-5-103 , as it applies to candidates for the state legislature, whether adopted by initiative or legislative action, is unconstitutional and unenforceable because it violates art. 1, § 3 and art. 3, §§ 2 and 52(g), Wyo. Const. No law, whether enacted by the legislature through the legislative process or by the people through the initiative process, may condition political rights and privileges upon a circumstance or condition such as incumbency. Cathcart v. Meyer, 2004 WY 49, 88 P.3d 1050, 2004 Wyo. LEXIS 62 (Wyo. 2004).

§ 22-5-104. [Repealed.]

Repealed by Laws 2005, ch. 241, § 1.

Editor's notes. —

This section, which derived from 1992 Initiative No. 1, § 1, provided term limits for federal offices.

Laws 2005, ch. 241, § 2, makes the act effective July 1, 2005.

§ 22-5-105. Scope of limitations.

The term limits and ballot access restrictions set forth above shall apply only to the specific office referenced in which the person previously served. It is not the intent that this act [§§ 22-5-103 through 22-5-106 ] preclude or prohibit a person from seeking nomination or election to any other office for which the referenced term limit or ballot access restriction is not applicable.

History. 1992 Initiative No. 1, § 1; W.S. 1977, § 22-5-104 .

Editor's notes. —

See note under the same heading at § 22-5-103 .

This section was enacted as § 22-5-104 . As there already was a § 22-5-104 , this section has been renumbered as § 22-5-105 .

§ 22-5-106. Severability.

If any part of this measure [§§ 22-5-103 through 22-5-106 ] or the application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application, which reasonably can be given effect without the invalid provision or applications.

History. 1992 Initiative No. 1, § 1; W.S. 1977, § 22-5-105 .

Editor's notes. —

See note under the same heading at § 22-5-103 .

This section was enacted as § 22-5-105 . As there already was a § 22-5-105 , this section has been renumbered as § 22-5-106 .

Article 2. Nomination by Primary Election

Applied in

Blomquist v. Thomson, 591 F. Supp. 768, 1984 U.S. Dist. LEXIS 19379 (D. Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 203 to 264.

29 C.J.S. Elections §§ 178 to 259.

§ 22-5-201. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the date of primary elections.

§ 22-5-202. Major political party participation; separate ballots; same time.

Major political parties shall participate in the primary election and each shall have a separate party ballot. The primary election of major political parties shall be held at the same time and at the same polling places and shall be conducted by the same election officials.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-56; Laws 1991, ch. 243, § 2.

§ 22-5-203. Nonpartisan judicial offices; separate ballot; same time.

  1. Repealed by Laws 2004, ch. 42, § 2; ch. 94, § 4.
  2. A separate ballot shall be used for the nonpartisan primary election which shall be held at the same time and at the same polling places and shall be conducted by the same election officials as the partisan primary election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-57; Laws 1979, ch. 133, § 2; 2004, ch. 42, § 2; ch. 94, § 4.

The 2004 amendments. —

The first 2004 amendment by ch. 42, § 2, repealed former (a), which read: “Candidates for the nonpartisan office of justice of the peace shall be nominated only by nonpartisan primary election.”

Laws 2004, ch. 42, § 3 makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment by ch. 94, § 4, also repealed former (a).

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 22-5-204. Application for nomination or election; party registration; form. [Effective until July 1, 2021]

  1. Repealed by Laws 1991, ch. 243, § 5.
  2. An eligible person seeking nomination or election for a partisan office shall:
    1. Meet all applicable qualifications to be elected to office which are set forth in the United States and Wyoming constitutions;
    2. Be registered in the party whose nomination he seeks; and
    3. File an application in substantially the following form:

      APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY State of Wyoming County of ss I, , swear or affirm that I was born on , (year), that I have been a resident of the state of Wyoming since , and that I am a registered voter of Election District No. , in Precinct No. , residing at , in County of , (if for the office of state senator or representative) in Senate (House) District , state of Wyoming, and registered as a member of party, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and I hereby request that my name be printed upon the official party ballot at the next primary election as a candidate for the office of , and hereby declare that if nominated and elected, I will qualify for the office. (If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years: (Residence) (Date) 1. 2. Dated the day of , (year). (Signature)

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  3. A nomination application that is required to be filed with the secretary of state may be electronically filed as provided under W.S. 9-2-2501 if the application is accompanied by the proper filing fee.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-58; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1991, ch. 243, § 5; 1992, ch. 1, § 5; 1998, ch. 100, § 2; 1999, ch. 49, § 2; 2002 Sp. Sess., ch. 47, § 1; 2014, ch. 108, § 1; 2019, ch. 4, § 1.

The 2014 amendment, deleted “(Residence Address)” at the end of the form in (b).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2019 amendment, in (b), added “(i) Meet all applicable qualifications to be elected to office which are set forth in the United States and Wyoming constitutions;”; in (ii) added a semi-colon after “seeks” and deleted “shall”; in (iii) added “(if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years,” and added “(If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years:”.

Laws 2019, ch. 4, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 13, 2019.

The 2021 amendment, effective July 1, 2021, added "(If for the office of United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital" in (b)(iii).

Provisions mandatory. —

The provisions of a statute known as the “Australian Ballot Law,” requiring certificates of nominations of candidates for office to be made and filed to entitle the names of such candidates to be printed on the official ballot, are mandatory. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

Substantial compliance. —

Certificate of nomination and affidavits of officers of the convention thereto which are intelligible, and sufficient to convey to the mind of the inquirer the information required by such instruments, though defective in form, are not void in absence of any provision indicating an intent by the legislature that statute prescribing what certificate should contain, and how it should be verified, is so mandatory that a defect incapable of affecting the regular and orderly conduct or result of an election should invalidate it. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

Certificate of nomination is not fatally defective because it fails to show for what house of representatives the nomination was made, since it would seem that there could be no misunderstanding in regard thereto after the same was filed in the office of the clerk of the proper county. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

Withdrawal. —

One who files with secretary of state request that his name be placed on primary ballot as candidate for secretary of state has right to withdraw his name, and upon secretary of state refusing to recognize and make such withdrawal, mandamus will issue to compel him to do so. State ex rel. Rogers v. Hunt, 53 Wyo. 267, 81 P.2d 883, 1938 Wyo. LEXIS 18 (Wyo. 1938).

Stated in

Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000).

Cited in

United States v. Tarver, 642 F. Supp. 1109, 1986 U.S. Dist. LEXIS 20838 (D. Wyo. 1986).

§ 22-5-204. Application for nomination or election; party registration; form. [Effective July 1, 2021]

  1. Repealed by Laws 1991, ch. 243, § 5.
  2. An eligible person seeking nomination or election for a partisan office shall:
    1. Meet all applicable qualifications to be elected to office which are set forth in the United States and Wyoming constitutions;
    2. Be registered in the party whose nomination he seeks; and
    3. File an application in substantially the following form:

      APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARY State of Wyoming County of ss I, , swear or affirm that I was born on , (year), that I have been a resident of the state of Wyoming since , and that I am a registered voter of Election District No. , in Precinct No. , residing at , in County of , (if for the office of state senator or representative) in Senate (House) District , state of Wyoming, and registered as a member of party, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and I hereby request that my name be printed upon the official party ballot at the next primary election as a candidate for the office of , and hereby declare that if nominated and elected, I will qualify for the office. (If for the office of United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital. (If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years: (Residence) (Date) 1. 2. Dated the day of , (year). (Signature)

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  3. A nomination application that is required to be filed with the secretary of state may be electronically filed as provided under W.S. 9-2-2501 if the application is accompanied by the proper filing fee.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-58; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1991, ch. 243, § 5; 1992, ch. 1, § 5; 1998, ch. 100, § 2; 1999, ch. 49, § 2; 2002 Sp. Sess., ch. 47, § 1; 2014, ch. 108, § 1; 2019, ch. 4, § 1; 2021, ch. 167, § 1.

§ 22-5-205. Nomination application form for nonpartisan office.

  1. An eligible person seeking nomination for a nonpartisan office must file an application in substantially the following form:

    APPLICATION FOR NOMINATION BY NONPARTISAN PRIMARY State of Wyoming County of ss I, , swear or affirm that I was born on , that I have been a resident of the State of Wyoming since , and that I am a registered voter of County, residing at , and that I am eligible to be elected to such office, and I hereby request that my name be printed upon the official nonpartisan ballot at the next primary election as a candidate for the office indicated below as follows: (Name of office) I am seeking (1) the regular term or (2) the unexpired term which terminates on the day of , (year). Dated this day of , (year). Signature

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  2. A nomination application that is required to be filed with the secretary of state may be electronically filed as provided under W.S. 9-2-2501 if the application is accompanied by the proper filing fee.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-60; Laws 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1998, ch. 100, § 2; 1999, ch. 49, § 2; 2002 Sp. Sess., ch. 47, § 1; 2004, ch. 42, 1; ch. 94, § 2.

The 2004 amendments. —

The first 2004 amendment, by ch. 42, § 1, in (a) substituted “(Name of office)” for “Justice of the peace.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment, by ch. 94 § 2, in (a) also substituted “(Name of office)” for “Justice of the peace.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 22-5-206. Where nomination applications to be filed.

  1. Nomination applications for United States senators and representatives in congress, state offices, members of the legislature, circuit court judges, and state district court judges shall be filed in the office of the secretary of state.
  2. Applications for other offices that are to appear on the ballot in the county, including district attorneys, shall be filed in the office of the county clerk of the county in which the person filing for nomination resides.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-61; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2001, ch. 116, § 1; 2020, ch. 100, § 1.

Filing in new county. —

Nomination papers by a candidate for precinct committeeman where precinct is in a new county in process of organization should be filed with the provisional clerk of that county. Dillman v. State, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (Wyo. 1912).

Cited in

Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000).

The 2020 amendment, effective July 1, 2020, in (b) substituted “Applications for other offices that are to appear on the ballot in the county” for “Other applications.”

§ 22-5-207. Furnishing of application forms.

The secretary of state and county clerks shall provide the application form required to be filed in their respective offices.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-62; Laws 2001, ch. 116, § 1.

§ 22-5-208. Filing fees; exception. [Effective until July 1, 2021]

  1. Applications shall be accompanied by the following fees:
    1. Twenty-five dollars ($25.00) for the offices of state senator, state representative, district attorney and for the offices to be voted for by electors wholly within a county;
    2. Two hundred dollars ($200.00) for offices to be voted for by electors of the entire state.
  2. No application is valid unless the fee is paid.
  3. A filing fee shall not be required of candidates for special district director, school district trustee, community college trustee, precinct committeeman or precinct committeewoman.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-63; Laws 1992, ch. 1, § 5; 1993, ch. 146, § 2; 2008, ch. 115, § 1; 2021, ch. 51, § 1.

The 2008 amendment, rewrote (c) which read: “A filing fee shall not be required of candidates for precinct committeeman and committeewomen.”

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2021 amendment, effective July 1, 2021, substituted "One hundred dollars ($100.00)" for "Twenty-five dollars ($25.00)" in (a)(i); in (a)(ii), substituted "Three hundred dollars ($300.00)" for "Two hundred dollars ($200.00)," added "except as provided in paragraph (iii) of this subsection"; and added (a)(iii).

Cited in

Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and effect of statutes exacting filing fees from candidates for public office, 89 ALR2d 864.

§ 22-5-208. Filing fees; exception. [Effective July 1, 2021]

  1. Applications shall be accompanied by the following fees:
    1. One hundred dollars ($100.00) for the offices of state senator, state representative, district attorney and for the offices to be voted for by electors wholly within a county;
    2. Three hundred dollars ($300.00) for offices to be voted for by electors of the entire state except as provided in paragraph (iii) of this subsection;
    3. Seven hundred fifty dollars ($750.00) for any federal office voted for by electors of the entire state.
  2. No application is valid unless the fee is paid.
  3. A filing fee shall not be required of candidates for special district director, school district trustee, community college trustee, precinct committeeman or precinct committeewoman.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-63; Laws 1992, ch. 1, § 5; 1993, ch. 146, § 2; 2008, ch. 115, § 1; 2021, ch. 51, § 1.

§ 22-5-209. Time for filing nomination applications; certified list.

An application for nomination shall be filed not more than ninety-six (96) days and not later than eighty-one (81) days next preceding the primary election. Not later than sixty-eight (68) days before a primary election the secretary of state shall transmit to each county clerk a certified list of persons whose applications have been filed in the office of the secretary of state stating as to each his name, age, address, office sought and party affiliation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-64; Laws 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1990, ch. 42, § 1; 1998, ch. 100, § 2.

Cross references. —

As to computation of time, see § 22-2-210.

Day upon which computation begins must be “before” or “next preceding” day of election. State ex rel. Johnson v. Gage, 373 P.2d 958, 1962 Wyo. LEXIS 98 (Wyo. 1962).

And election day not considered. —

Any reasonable interpretation of the meaning of “next” could not possibly mean to include the day of election as a day to be considered in the computation. State ex rel. Johnson v. Gage, 373 P.2d 958, 1962 Wyo. LEXIS 98 (Wyo. 1962).

Application held not timely. —

A nomination application filed on July 12 for an election on August 21 was not timely. State ex rel. Johnson v. Gage, 373 P.2d 958, 1962 Wyo. LEXIS 98 (Wyo. 1962).

Mandamus not granted to compel acceptance of untimely application. —

Where the application to be a candidate was filed less than 40 (now 74) days next preceding the primary election, it was not timely filed; and mandamus to compel acceptance of the application could not be granted. State ex rel. Johnson v. Thomson, 499 P.2d 590, 1972 Wyo. LEXIS 267 (Wyo. 1972).

Secretary of state's duty. —

Secretary of state, in certifying nominations to the county clerks, may respect the designation of a political party or principle mentioned in a certificate of nomination by electors where the certificate is signed, sworn to and presented by the state chairman of such party, in absence of any other nomination by such party for the same office; and he is not required to add to or disregard description, found in the certificate, indicating the manner in which the nomination was made, in the absence of any law limiting party nominations. State ex rel. Blydenburg v. Burdick, 6 Wyo. 448, 46 P. 854, 1896 Wyo. LEXIS 25 (Wyo. 1896).

Where two nominees of the convention of the People's Party declined and substitutes were nominated by certificate of 100 electors, as permitted by Laws 1890, ch. 80, § 88, the certificate being signed, sworn to and presented by the state chairman of the party, the secretary of state was not required to place some such word as “Independent,” or “Electors,” after the names of such substitutes, to indicate that they were nominated by certificate, there being no other nomination by that party for the same office. State ex rel. Blydenburg v. Burdick, 6 Wyo. 448, 46 P. 854, 1896 Wyo. LEXIS 25 (Wyo. 1896).

§§ 22-5-210 and 22-5-211. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, related to distribution of necessary supplies for an election and the procedure for conducting elections.

§ 22-5-212. When declaration of party affiliation required.

An elector requesting a major party ballot must declare his party affiliation, or sign an application for change of affiliation before he may receive a party ballot. An elector may vote only the nonpartisan ballot and if so, is not required to declare his party affiliation. Requesting a partisan primary election ballot constitutes a declaration of party affiliation. A change in declaration of party affiliation shall be entered on the poll list by the election judge.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-67; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, deleted “and the registry list, which may be one and the same” following “poll list”, and substituted “election judge” for “county clerk.”

Stated in

Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000).

§ 22-5-213. Entry in pollbook.

The judges of election shall check or enter in the pollbook the name of each elector voting in the primary election and his party affiliation, if declared. An elector voting only a nonpartisan ballot shall be entered in the pollbook as an unaffiliated voter.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-68; 2010, ch. 3, § 2.

The 2010 amendment, effective July 1, 2010, substituted “an unaffiliated” for “a nonpartisan.”

§ 22-5-214. Change in party affiliation.

An elector may change his party affiliation by completing an application signed before a notarial officer or election official, and filing it with the county clerk not less than fourteen (14) days before the primary election or at the polls on the day of the primary or general election, or when requesting an absentee ballot.

History. Laws 1973, ch. 251, § 1; W.S 1957, § 22.1-69; 1998, ch. 100, § 2; 2002, Sp. Sess., ch. 18, § 2; 2008, ch. 20, § 2; 2014, ch. 108, § 1; 2015, ch. 76, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2008 amendment, effective July 1, 2008, substituted “notarial officer” for “notary.”

The 2014 amendment, substituted “fourteen (14)” for “thirty (30)”.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, substituted “not less than” for “not later than.”

§ 22-5-215. Nomination of partisan candidates and write-in candidates.

On each party ballot the candidate or candidates equal in number to the number to be elected to each office who receive the largest number of votes shall be nominated and shall be entitled to have their names printed on the ballot for the next general election. A write-in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least twenty-five (25) write-in votes in the primary election and is a registered voter in the political party for which he was nominated on the day of the primary election. An unsuccessful candidate for office at a primary election whose name is printed on any party ballot may not accept nomination for the same office at the next general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-70; Laws 1989, ch. 25, § 1; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 47, § 1; 2020, ch. 100, § 1.

Write-in candidate. —

A person who was defeated in a primary election as a candidate of one party, but who simultaneously received sufficient write-in votes in the separate primary election of the other party, has the right to appear on the general election ballot since the Election Code does not specifically prohibit such a result. Murphy v. State Canvassing Bd., 12 P.3d 677, 2000 Wyo. LEXIS 205 (Wyo. 2000).

The 2020 amendment, effective July 1, 2020, substituted “write-in votes in the primary election and is a registered voter in the political party for which he was nominated on the day of the primary election” for “write-in votes.”

§ 22-5-216. [Repealed.]

Repealed by Laws 2011, ch. 38, § 2.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, W.S. 1957, § 22.1-71, Laws 1981, ch. 159, § 1, 1998, ch. 100, § 2, 2007, ch. 39, § 1, related to nomination of nonpartisan candidates.

§ 22-5-217. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1977, ch. 186, § 1, provided that the candidates who receive the largest number of votes for each office are elected.

§ 22-5-218. Election of major party precinct committeemen and committeewomen.

The candidates equal in number to the number of offices to be filled receiving the greatest number of votes on each party ballot for the offices of major party precinct committeeman and committeewoman shall be deemed elected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-72; Laws 1991, ch. 243, § 2.

§ 22-5-219. Further action by nominees or elect not required; exception.

  1. Candidates nominated and major party precinct committeemen and committeewomen elected at a primary election shall be deemed nominated or elected without further action. In addition, each write-in candidate nominated at a primary election shall comply with the provisions of W.S. 22-16-106 .
  2. Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-73; Laws 1975, ch. 185, § 2; 1977, ch. 186, § 2; 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2005, ch. 100, § 1; 2011, ch. 38, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “with the exception of the filing requirements of W.S. 22-25-106 ” at the end of the first sentence.

The 2011 amendment, effective July 1, 2011, in (a), deleted “or elected” following “candidate nominated” in the second sentence.

Cross references. —

As to computing periods of time, see § 22-2-110 .

For amount of filing fees, see § 22-5-208 .

Am. Jur. 2d, ALR and C.J.S. references. —

Elections: validity of state or local legislative ban on write-in votes, 69 ALR4th 948.

§ 22-5-220. Withdrawal of nomination application restricted.

A candidate may withdraw a nomination application prior to the primary election only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the party ballots are finalized and approved for printing by a county clerk in any county where the candidate’s name will appear on the party ballot, the county clerk shall not be required to remove the candidate’s name from the party ballot, but shall post a notice at each polling place announcing that the named candidate has withdrawn from nomination for the office designated.

History. Laws 2009, ch. 100, § 1.

Effective dates. —

Laws 2009, ch. 100, § 4, makes the act effective July 1, 2009.

Article 3. Nomination by Petition

Applied in

Blomquist v. Thomson, 591 F. Supp. 768, 1984 U.S. Dist. LEXIS 19379 (D. Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 247 to 254.

29 C.J.S. Elections § 106.

§ 22-5-301. Independent partisan candidates; form. [Effective until July 1, 2021]

  1. Independent candidates for partisan public offices may be nominated by filing a signed petition in substantially the following form: PETITION FOR NOMINATION I, , swear or affirm that I was born on , (year), that I have been a resident of the State of Wyoming since , and that I am a registered voter of Election District No. , in Precinct No., County of, residing at , (if for the office of state senator or representative, commissioner or other district office) in Senate (House) (Commissioner or other) District , State of Wyoming, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and having obtained the number of signatures required by law for nomination by petition, I hereby request that my name be printed on the official ballot at the next general election as an independent candidate for the office of and declare that if nominated and elected, I will qualify for the office. (If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years: (Residence) (Date) 1. 2. Dated the day of , (year). (Signature) The eligible, registered electors supporting my nomination, and numbering not less than the number required under W.S. 22-5-304 , are as follows: (Signature) (Printed Name) (Residence) (Date) 1. 2. VERIFICATION BY CIRCULATORS I, , do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from (month) (day), (year) through (month) (day), (year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be. (Signature) Click to view
  2. The petition shall be approved by the appropriate filing office prior to circulation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-74; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1991, ch. 243, § 2; 1992, ch. 1, § 5; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 47, § 1; 2011, ch. 38, § 1; 2013, ch. 28, § 1; 2014, ch. 108, § 1; 2019, ch. 4, § 1.

The 2011 amendment, effective July 1, 2011, in (a), inserted “commissioner or other district office” and “(Commissioner or other)” in the form, and substituted “the number required under W.S. 22-5-304 ” for “two percent (2%) of the total number of votes cast for Representative in Congress at the last general election in the political subdivision for which this petition is filed” in the second paragraph.

The 2013 amendment, effective July 1, 2013, added (b).

The 2014 amendment, deleted “(Residence Address)” at the end of the form in (b).

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2021 amendment , effective July 1, 2021, added "(If for the office of United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital" in (a).

Independent candidate and new political party failed to show likelihood of success on merits in challenge to statutory signature and deadline requirements. See Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of signer of petition to withdraw therefrom or revoke withdrawal, and time therefor, 27 ALR2d 604.

§ 22-5-301. Independent partisan candidates; form. [Effective July 1, 2021]

  1. Independent candidates for partisan public offices may be nominated by filing a signed petition in substantially the following form: PETITION FOR NOMINATION I, , swear or affirm that I was born on , (year), that I have been a resident of the State of Wyoming since , and that I am a registered voter of Election District No. , in Precinct No., County of, residing at , (if for the office of state senator or representative, commissioner or other district office) in Senate (House) (Commissioner or other) District , State of Wyoming, (if for the office of governor) and that I resided at the physical residential addresses listed below during the past five (5) years, and having obtained the number of signatures required by law for nomination by petition, I hereby request that my name be printed on the official ballot at the next general election as an independent candidate for the office of and declare that if nominated and elected, I will qualify for the office. (If for the office of United States senator or representative in congress) I have not, at any time when knowingly seeking nomination or election to this office, claimed or been currently claiming any residence or received the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital. (If for the office of governor) I have resided at the following physical residential addresses during the past five (5) years: (Residence) (Date) 1. 2. Dated the day of , (year). (Signature) The eligible, registered electors supporting my nomination, and numbering not less than the number required under W.S. 22-5-304 , are as follows: (Signature) (Printed Name) (Residence) (Date) 1. 2. VERIFICATION BY CIRCULATORS I, , do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from (month) (day), (year) through (month) (day), (year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be. (Signature) Click to view
  2. The petition shall be approved by the appropriate filing office prior to circulation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-74; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1991, ch. 243, § 2; 1992, ch. 1, § 5; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 47, § 1; 2011, ch. 38, § 1; 2013, ch. 28, § 1; 2014, ch. 108, § 1; 2019, ch. 4, § 1; 2021, ch. 167, § 1.

§ 22-5-302. Unsuccessful primary candidates precluded.

An unsuccessful candidate for office at a primary election, whose name is printed on any party ballot, may not seek nomination by petition for the same office at the next general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-75; Laws 1974, ch. 24, § 2; 2002 Sp. Sess., ch. 47, § 1.

§ 22-5-303. Restrictions on sponsors of independent candidates.

The name of a political group sponsoring an independent candidate shall not contain the name or any derivation of the name of any political party recognized under Wyoming law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-76; Laws 1991, ch. 243, § 2.

§ 22-5-304. Qualifications and number of signers required.

  1. For a statewide partisan office, a petition shall be signed by registered electors, resident in the state and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for representative in congress in the last general election for the entire state.
  2. For a countywide partisan office, a petition shall be signed by registered electors, resident in the county and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for representative in congress in the last general election for the entire county.
  3. For a district partisan election, a petition shall be signed by registered electors, resident in the district and eligible to vote for the petitioner, numbering not less than two percent (2%) of the total number of votes cast for the office in that particular district in the last general election. If a district’s boundaries have changed since the last general election, then the required number of petition signatures shall not be less than two percent (2%) of the number of registered voters in the current district boundaries at the close of day on the day immediately preceding the primary election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-77; Laws 1991, ch. 243, § 2; 1992, ch. 1, § 5; 1998, ch. 100, § 2; 2011, ch. 38, § 1.

The 2011 amendment, effective July 1, 2011, in (a), inserted “For a statewide partisan office,” and substituted “state” for “legislative district or other district or political subdivision in which the petitioner will be a candidate,” “the petitioner” for “him,” and “entire state” for “political subdivision or legislative district for which the petition is filed”; and added (b) and (c).

§ 22-5-305. When petitions may be circulated; use of copies; requirements.

  1. A petition shall be circulated for signatures only during the calendar year in which the election for the office sought is to be held.
  2. Copies of the petition may be circulated for signatures, but each separate page shall contain the information required to be contained in the original petition for nomination.
  3. An elector signing a petition must also print on the petition:
    1. The elector’s first and last name;
    2. The date of signing the petition; and
    3. The elector’s physical residential address.
  4. The signature of an elector who has signed a petition in accordance with this section shall only count once per candidate toward the number of signatures required under W.S. 22-5-304 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-78; Laws 1975, ch. 185, § 2; 1991, ch. 243, § 2; 2014, ch. 108, § 1; 2018, ch. 118, § 1.

The 2014 amendment, in (c), substituted “print on the petition” for “write,” substituted “his residence” for “the residence,” and deleted “after his signature.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2018 amendment, rewrote the existing language in (c), which read: “An elector signing a petition must also print on the petition his name, date and his residence address” and redesignated it as the present introductory language of (c) and (c)(i) through (c)(iii); and rewrote (d), which read: “The name of one (1) voter signed to more than one (1) petition for nomination to the same office shall not be counted on more than one (1) petition.”

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

§ 22-5-306. Where petitions to be filed; fee.

  1. Petitions for nomination of independent candidates shall be filed in the office prescribed for nomination by primary election for such office.
  2. Petitions must be accompanied by the same fee required for the same office of candidates seeking nomination by primary election. A petition not accompanied by the fee is not valid.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-79.

Cross references. —

For amount of filing fees, see § 22-5-208 .

§ 22-5-307. Time for filing independent petitions.

Petitions filed with the secretary of state and with the county clerk shall be filed not less than seventy (70) days before a general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-80; Laws 1985, ch. 204, § 1; 1991, ch. 243, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Independent candidate and new political party failed to show likelihood of success on merits in challenge to statutory signature and deadline requirements. See Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. Wyo. 1984).

§ 22-5-308. Determining validity of petitions.

The secretary of state, or county clerk shall determine from the official list of registered electors whether sufficient valid signatures have been obtained on petitions filed in his office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-81; Laws 1974, ch. 24, § 2.

Article 4. Vacancies in Nomination

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 214, 215.

29 C.J.S. Elections §§ 182 to 184.

§ 22-5-401. Vacancies in nomination for major parties; procedure for filing generally.

  1. The vacancy in nomination which occurs if a major party candidate, between primary and general elections, dies, is disqualified to hold the office for which nominated, or files a withdrawal or rejection of nomination with the office where the candidate filed for nomination for election, shall be filled by certificate filed with the office which shall state:
    1. The cause of vacancy and name of the former nominee;
    2. The name, age, place of residence, post office address and qualifications of the successor nominee; and
    3. The office and term for which nominated.
  2. The certificate shall be prepared and filed by:
    1. The state central committee of the political party of the former nominee for a partisan office to be voted for by the electors of the entire state;
    2. The county central committee of the political party of the former nominee for a partisan office to be voted for by the electors of a county or a subdivision thereof, except as provided in paragraph (iv) of this subsection;
    3. Repealed by Laws 2004, ch. 42, § 2; ch. 94, § 4.
    4. For nominees for the state legislature, the state central committee of the political party of the former nominee for a partisan office shall:
      1. Notify the precinct committeemen and committeewomen for that party for each precinct within the legislative district of the vacancy and arrange a meeting of those precinct committeemen and committeewomen at which a successor nominee shall be selected by them. The state central committee of each party may delegate the authority to call a meeting under this subparagraph;
      2. Prepare and file the certificate required under subsection (a) of this section.
  3. Repealed by Laws 1985, ch. 204, § 2.
  4. Notwithstanding subsections (a) and (b) of this section, the vacancy in nomination created by failure of the qualified write-in nominee to accept nomination shall remain vacant.
  5. A candidate may withdraw only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the ballots are finalized and approved for printing by a county clerk in any county where the candidate’s name will appear on the ballot, the county clerk shall not be required to remove the candidate’s name from the ballot, but shall post a notice at each polling place announcing that the named candidate is not the party’s nominee for the office designated.
    1. through (iii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-82; Laws 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1985, ch. 204, §§ 1, 2; 1989, ch. 25, § 1; 1991, ch. 243, § 2; 1992, ch. 1, § 5; 1998, ch. 100, §§ 2, 5; 2001, ch. 116, § 1; 2004, ch. 42, § 4; ch. 94, § 4.

Cross references. —

As to computing periods of time, see § 22-2-110 .

As to filling vacancies in nomination for presidential elector, see § 22-19-105 .

As to filling vacancies in nomination for municipal office, see § 22-23-308 .

The 2004 amendments. —

The first 2004 amendment, by ch. 42, § 2, repealed former (b)(iii), which read: “The county bar association for the office of justice of the peace.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment, by ch. 94, § 4, also repealed former (b)(iii), which read: “The county bar association for the office of justice of the peace.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Nomination by state central committee unauthorized. —

Statutes did not authorize state central committee to nominate candidate for office of secretary of state to fill unexpired term of one who died 26 days before general election date. State ex rel. Copenhaver v. Jack, 60 Wyo. 405, 153 P.2d 149, 1944 Wyo. LEXIS 18 (Wyo. 1944).

Legislature has never recognized any power in political committees to make party nominations, except as delegated to it either by party convention or legislature. State ex rel. Copenhaver v. Jack, 60 Wyo. 405, 153 P.2d 149, 1944 Wyo. LEXIS 18 (Wyo. 1944).

Nominee of different parties. —

Statute does not authorize printing of the name of one person as candidate for presidential elector in more than one place on the ticket, though nominated by two or more parties. State ex rel. Blydenburg v. Burdick, 6 Wyo. 448, 46 P. 854, 1896 Wyo. LEXIS 25 (Wyo. 1896).

Where one of three persons nominated by the Democratic state convention as presidential elector declined and the vacancy was filled by nomination by the state committee of one who had been previously nominated by the People's Party, there was no authority for printing such person's name in more than 1 place on the ticket or for taking it out of the group of People's Party candidates, it being proper to place the words “Democrat and People's” after his name to show he was the nominee of both parties. State ex rel. Blydenburg v. Burdick, 6 Wyo. 448, 46 P. 854, 1896 Wyo. LEXIS 25 (Wyo. 1896).

§ 22-5-402. Procedure after ballots and labels printed.

  1. If any major, minor or provisional party vacancy is filled after official ballots are finalized and approved for printing by a county clerk in any county where the candidate’s name will appear on the ballot, the county clerk shall not be required to add the new candidate’s name to the ballot.
    1. through (iii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-83; Laws 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-5-403. Vacancies in nomination for minor and provisional parties; withdrawal restricted.

  1. Any vacancy in nomination which occurs if a minor or provisional party certified candidate dies, is disqualified to hold the office for which nominated or files a withdrawal or rejection of nomination may be filled by a certification from the state party chairman and state party secretary.
  2. A candidate may withdraw only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the ballots are finalized and approved for printing by a county clerk in any county where the candidate’s name will appear on the ballot, the county clerk shall not be required to remove the candidate’s name from the ballot, but shall post a notice at each polling place announcing that the named candidate is not the party’s nominee for the office designated.
    1. through (iii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1991, ch. 243, § 1; 1998, ch. 100, §§ 2, 5.

Article 5. Valid Write-In Candidates

§ 22-5-501. Qualifying as a write-in candidate. [Repealed]

History. Laws 1998, ch. 100, § 1; 2011, ch. 38, § 1; Repealed by Laws 2018, ch. 118, § 2.

Chapter 6 Ballots

Cross references. —

For requirement that all elections shall be by ballot, see art. 6, § 11, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 312 to 347.

29 C.J.S. Elections §§ 260 to 307.

§ 22-6-101. Certification of candidates nominated; printing of names.

Not less than sixty (60) days before each general election the secretary of state shall transmit to each county clerk under party headings a certified list of the name and address of each person nominated by primary election as indicated by the state canvass, the name of each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought. The names of these candidates shall be printed on the official ballot of the general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-84; Laws 1985, ch. 204, § 1; 1990, ch. 42, § 1; 1991, ch. 243, § 2; 2008, ch. 115, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2008 amendment, substituted “transmit to each county clerk under party headings a certified list of” for “certify to each county clerk under party headings” in the first sentence.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Stated in

Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. 1984).

§ 22-6-102. County clerk to print ballots; exception.

  1. The county clerk shall print official ballots for his county, for all primary, general and special elections.
  2. All other ballots shall be provided by the official responsible for conducting the election.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-85; Laws 1991, ch. 243, § 2; 2014, ch. 108, § 1.

The 2014 amendment, in the first sentence of (a), deleted “and ballot labels where necessary,” deleted “and,” and inserted “and special”; and deleted the last sentence of (a) which read: “For use on voting machines the county clerk shall print ballot labels in black ink on white material containing the names of candidates or other words required by law.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

Cited in

State ex rel. Willis v. Larson, 539 P.2d 352, 1975 Wyo. LEXIS 157 (Wyo. 1975).

§ 22-6-103. Official ballots.

  1. The official ballot shall contain the name of every candidate and every ballot proposition lawfully entitled to appear on the ballot. Only official ballots shall be cast at any election.
  2. The official absentee ballot shall be in the form prescribed by law for the official ballot.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-86; Laws 2004, ch. 94, § 2; 2014, ch. 108, § 1.

The 2004 amendment added (b), redesignating the existing provision as (a).

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2014 amendment , deleted “or a reasonable printed reproduction of the prescribed frm for electronic ballots” at the end of (b).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-6-104. Sample ballots; printing, distribution, posting.

The officer providing the official ballot shall also print sample ballots which shall be identical to the official ballot except that it shall contain the words “SAMPLE” in large clear letters and may be printed on paper of a different color than the official ballot. The officer shall distribute copies of the sample ballot to each polling place prior to opening of the polls. The judges of election shall post at least one (1) copy of the sample in the polling place during the election. The county clerk shall have the samples available in his office for the public.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-87; Laws 1991, ch. 243, § 2; 2014, ch. 108, § 1; 2015, ch. 138, § 1.

The 2014 amendment, in the first sentence, deleted “or voting machine label,” deleted “or voting machine facsimile,” substituted “SAMPLE” for “SAMPLE BALLOT,” and deleted “or label”; in the second sentence, deleted “or voting machine facsimile”; and in the third sentence, substituted “one (1) copy” for “three (3) copies,” and deleted “and around.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, in the second sentence, substituted “polling place” for “precinct.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-6-105. Sample ballots; publication.

The officer providing the official ballots shall publish sample ballots at least once in a newspaper of general circulation in the district in which each primary and general election is held within two (2) weeks prior to the election. This notice shall also state that the names of candidates will be rotated on the official ballots and will not always appear in the order indicated in the sample ballots.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-88; Laws 1979, ch. 133, § 2; 2014, ch. 108, § 1.

The 2014 amendment, in the first sentence, deleted “paper,” and deleted “and voting machine facsimiles.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-6-106. Replacement of lost ballots.

Official ballots not delivered to a polling place or lost, stolen or destroyed shall be replaced immediately by the official providing the ballot. Judges of election receiving replacement ballots shall sign a receipt therefor in which they shall state under oath, before each other, that the original ballots were not delivered to the precinct or have been lost, stolen or destroyed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-89; 1998, ch. 100, § 2; 2014, ch. 108, § 1; 2015, ch. 138, § 1.

The 2014 amendment, deleted “or ballot labels” in the first sentence.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, substituted “polling place” for “precinct.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-6-107. Time for possession of ballots and labels.

  1. Official ballots for primary and general elections shall be in the county clerk’s possession forty-five (45) days before the election. If a clerk is unable to obtain ballots on time, the secretary of state shall provide by rule and regulation for the clerk to obtain and use substitute ballots.
  2. Notwithstanding subsection (a) of this section, county clerks shall make official absentee ballots for primary and general elections available to voters with rights under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, and future acts amendatory or supplemental thereto, forty-five (45) days before the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-90; Laws 1985, ch. 204, § 1; 1990, ch. 42, § 1; 2007, ch. 39, § 1; 2011, ch. 15, § 1; 2020, ch. 100, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2007 amendment, effective July 1, 2007, added the last sentence.

The 2011 amendment, in (a), added the designation, deleted “and labels” following “Official ballots”; and added (b).

Laws 2011, ch. 15 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2011.

The 2020 amendment, effective July 1, 2020, in (a) substituted “forty-five (45) days” for “forty (40) days.”

Stated in

Populist Party v. Herschler, 746 F.2d 656, 1984 U.S. App. LEXIS 17718 (10th Cir. 1984).

§ 22-6-108. Errors or omissions; posting.

  1. The official responsible for preparing the ballot shall correct errors or omissions as soon as possible.
  2. The official shall post a copy of each ballot in his office not later than the day when the official must have the ballot in his possession.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-91; Laws 1991, ch. 243, § 2.

Mandamus. —

In mandamus to state canvassing board where it is alleged relator's name was unlawfully printed upon official ballots, court is obliged to consider incidentally, but not finally, every question affecting propriety of its issuing peremptory writ, without relator's ultimate right to office being determined. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

§ 22-6-109. Elector's petition alleging error or omission.

  1. Not later than three (3) days after the ballot is posted an elector may file a notarized affidavit with the county clerk alleging that an error or omission exists in any official ballot to be voted within the county. The county clerk shall, if the affidavit has merit, correct the error or omission as soon as possible.
  2. Not earlier than three (3) days and not more than six (6) days after filing the notarized affidavit with the county clerk, if the clerk fails to correct the alleged error or omission, the elector may file a petition in district court alleging that an error or omission exists in any official ballot to be voted within the county. The court shall, as soon as practical, order the ballot corrected or dismiss the petition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-92; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

Cited in

Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

§ 22-6-110. Ballot propositions.

A ballot proposition shall be printed as nearly as possible in the manner and form prescribed by law for a constitutional amendment.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-93.

Cross references. —

As to amendments to constitution, see art. 20, § 1, Wyo. Const., and §§ 22-20-101 to 22-20-109 .

§ 22-6-111. Only name of candidate on ballot; exception.

A candidate may use the name on the ballot by which he is generally known. Professional titles and degrees shall not appear on the ballot. If in the opinion of the officer with whom the application for nomination or election is filed the names of two (2) or more candidates for any office to be voted on at the same election are the same or so similar as to confuse the electors as to the candidates’ identity, the occupation and residence address of each of these candidates shall be printed under the candidate’s name on the ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-94.

§ 22-6-112. Name to appear only once; exception.

  1. No candidate’s name shall appear on the partisan ballot more than once, except that of a candidate for the office of precinct committeeman or committeewoman, who may also seek the office of president or vice president of the United States or another office on the same partisan primary ballot.
  2. No candidate’s name shall appear on the general election ballot more than once, except that a candidate for a partisan office may also seek the office of president or vice president of the United States or a nonpartisan office on the same general election ballot in accordance with W.S. 22-2-116 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-95; Laws 1974, ch. 24, § 2; 2020, ch. 100, § 1.

The 2020 amendment, effective July 1, 2020, designated the undesignated paragraph as (a) and substituted “seek the office of president or vice president of the United States or another office” for “seek another office”; and added (b).

§ 22-6-113. More than 1 ballot on machine.

More than one (1) ballot may appear on a voting machine but if several ballots are placed on a machine they shall be clearly separated to prevent confusion.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-96.

§ 22-6-114. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the prohibition against certain parties, groups or organizations appearing on the election ballot.

§ 22-6-115. Specifications for paper ballots; arrangements on voting machines.

Official paper ballots shall be uniform in size, printed in black ink on good quality paper through which printing cannot be read. Ballots shall be white except as otherwise provided. On a voting machine each column or row containing the titles of offices and candidates for office shall be arranged to indicate clearly the office for which a candidate is running.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-98.

§ 22-6-116. Printing type size of party and candidate names.

On official ballots the political party name or title shall be printed in capital letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The names of all candidates shall be printed in the same size letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The name of each political party shall be printed in the same type size as that of every other political party.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-99; Laws 1991, ch. 243, § 2; 1997, ch. 40, § 1; 2014, ch. 108, § 1.

The 2014 amendment , in the first sentence, deleted “and ballot labels.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-6-117. Order of listing offices in partisan elections.

  1. The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:
    1. President and vice-president of the United States, or electors therefor, or as otherwise required by an act of congress;
    2. United States senator;
    3. Representative in congress;
    4. Candidates for governor, secretary of state, state auditor, state treasurer, and superintendent of public instruction;
    5. Repealed by Laws 1992, ch. 1, § 7.
    6. Candidates for state senate;
    7. Candidates for state house of representatives;
    8. Repealed by Laws 2014, ch. 108, §  2.
    9. Candidates for county commissioner, coroner, district attorney, county attorney, sheriff, clerk, treasurer, assessor, and clerk of the district court;
    10. Repealed by Laws 2008, ch. 115, § 2.
    11. Candidates for precinct offices.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-100; Laws 1991, ch. 243, § 2; 1992, ch. 1, §§ 5, 7; 2008, ch. 115, § 2; 2014, ch. 108, §§ 1, 2.

The 2008 amendment, repealed (a)(x) which read: “Candidates for offices of county subdivisions.”

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2014 amendment, in (a)(ix), inserted “district attorney, county”; and repealed former (a)(viii), which read: “Candidates for district attorney.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-6-118. Primary ballot colors.

  1. The primary ballot of political parties shall be printed on the following colored paper or on paper with the following color demarcation as provided by rule and regulation of the secretary of state:
    1. Republican party — White;
    2. Democratic party — Blue;
    3. Repealed by Laws 1991, ch. 243, § 5.
    4. Additional major parties — A different color for each major party.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-101; Laws 1991, ch. 243, §§ 2, 5; 1998, ch. 100, § 2; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, added “or on paper with the following color demarcation as provided by rule and regulation of the secretary of state” in the introductory language in (a).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-6-119. Format of primary ballot. [Effective until July 1, 2021]

  1. The primary ballot of each major political party shall be printed in substantial compliance with this format:
    1. Across the top shall be printed “Official Primary Election Ballot” followed by the name of the major political party;
    2. On the first line shall be printed the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct;
    3. On the second line shall be printed the following instructions: “To vote for a person whose name is printed on the ballot, mark the square immediately adjacent to the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose and mark the square immediately adjacent to the name of the person.”;
    4. Candidates for the different offices shall be arranged in separate groups. At the top of each group shall appear the title of the office. Adjacent to the title of the office shall be printed “Vote for one” or if more than one (1) are to be voted for, “Vote for not more than”, then the appropriate words and figures designating the proper number to be elected;
    5. Below the list of candidates in each group shall be printed blank lines for write-in candidates equal in number to the number of candidates to be voted for;
    6. Adjacent to the name of each candidate and blank line shall be printed a square for marking the vote. No square shall appear at the top of a column;
    7. and (viii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-102; Laws 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2007, ch. 39, § 1; 2014, ch. 108, § 1.

The 2007 amendment, effective July 1, 2007, in (a), substituted “adjacent to” for “to the right of” in (i) and (vi); and substituted “Adjacent to the title of the office” for “On the same line and to the right.”

The 2014 amendment, deleted “Partisan” in (a)(i).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2021 amendment , effective July 1, 2021, in the second sentence of (a)(iii), substituted "the person's" for "his."

Editor's notes. —

There is no subsection (b) in this section as it appears on the printed acts.

§ 22-6-119. Format of primary ballot. [Effective July 1, 2021]

  1. The primary ballot of each major political party shall be printed in substantial compliance with this format:
    1. Across the top shall be printed “Official Primary Election Ballot” followed by the name of the major political party;
    2. On the first line shall be printed the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct;
    3. On the second line shall be printed the following instructions: “To vote for a person whose name is printed on the ballot, mark the square immediately adjacent to the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write the person’s name in the blank space provided for that purpose and mark the square immediately adjacent to the name of the person.”;
    4. Candidates for the different offices shall be arranged in separate groups. At the top of each group shall appear the title of the office. Adjacent to the title of the office shall be printed “Vote for one” or if more than one (1) are to be voted for, “Vote for not more than”, then the appropriate words and figures designating the proper number to be elected;
    5. Below the list of candidates in each group shall be printed blank lines for write-in candidates equal in number to the number of candidates to be voted for;
    6. Adjacent to the name of each candidate and blank line shall be printed a square for marking the vote. No square shall appear at the top of a column;
    7. and (viii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-102; Laws 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2007, ch. 39, § 1; 2014, ch. 108, § 1; 2021, ch. 145, § 1.

§ 22-6-120. Format of general election ballot.

  1. The general election ballot shall be printed in substantial compliance with this format:
    1. Across the top shall be printed “Official General Election Ballot”;
    2. On the first line shall be printed the name of the county in which the ballot is used, the date of the election, and blank lines for entry of the election district and precinct number;
    3. On the second line shall be printed the same instructions as prescribed for primary elections in W.S. 22-6-119 ;
    4. The designation of offices and the applicable term of office shall be printed preceding the names of candidates for the office;
    5. and (vi) Repealed by Laws 1998, ch. 100, § 5.
    6. The names of partisan party candidates, if candidates have filed, and independent candidates, if candidates have filed, shall be printed in a separate column or columns, row or rows, and the name of the party represented or the word “Independent” shall be printed directly above the candidate’s name or at the end of the row. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or the word “Independent” at the top of the column or beginning of the row;
    7. Repealed by Laws 1998, ch. 100, § 5.
    8. For offices to which more than one (1) person is to be elected, the names of candidates in each column running for the office shall be offset or staggered to prevent two (2) names from appearing directly opposite each other;
    9. Below the names of candidates for each office shall be printed blank lines for write-in candidates equal in number to the number of persons to be elected;
    10. Adjacent to the name of each candidate, except those running for the office of president and vice-president of the United States and their electors, and adjacent to each blank line for write-in candidates, shall be printed a square for marking the vote. A single square shall be printed to indicate the vote for candidates for the office of president and vice-president of the United States. No square shall appear at the top of a column;
    11. Adjacent to the description of any office to be filled by more than one (1) candidate shall be printed “Vote For Not More Than”, then the appropriate words and figures designating the proper number to be elected;
    12. Vertical columns containing the names of candidates shall be separated by a blank line one-twelfth inch wide;
    13. The official statement of the ballot proposition shall commence on the next line;
    14. Adjacent to the final line of such statement shall be printed two (2) squares on the same line. Above the first square shall be printed the word “For” and above the second square shall be printed the word “Against”;
    15. Repealed by Laws 1998, ch. 100, § 5.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-103; Laws 1977, ch. 186, § 2; 1983, ch. 107, § 1; 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2007, ch. 39, § 1; 2008, ch. 115, § 1; 2014, ch. 108, § 1.

The 2007 amendment, effective July 1, 2007, in (a), substituted “Adjacent to” for “to the right of” in (xi) and (xii) and made a similar change in (xv).

The 2008 amendment, in (a)(vii), added “if candidates have filed” in the first sentence, added “or row or rows” in the last sentence, added “or beginning of the row” at the end.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (a), deleted “partisan”; and in (a)(i), deleted “Partisan.”

Laws 2014, ch. 108, § 3, makes the act 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.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-6-121. Political party ballot position on general election ballot; order of candidates' names.

  1. Political party position shall be determined on the general election ballot according to the number of votes received by each party within the county for the office of representative in congress at the last preceding general election. The party receiving the highest number of votes shall appear first following the names of the offices to be voted for and other parties shall follow in the order of their respective numbers of such votes. The order of any provisional parties will be drawn by the secretary of state. Any independent candidates shall appear following the last party and shall be listed in alphabetical order, subject to rotation. When more than one (1) candidate is to be elected to a particular office, the names of candidates shall be printed in alphabetical order, subject to rotation, on all ballots for electronic and machine voting systems as defined by W.S. 22-1-102 .
    1. through (iii) Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-104; Laws 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, inserted the second to last sentence in (a).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-6-122. Rotation of candidates’ names; equal lines on voting machines.

The names of candidates for each office shall be rotated on all ballots by precinct for all elections. In each county the name of each candidate shall appear substantially an equal number of times at the top, at the bottom, and in each intermediate place. In a voting machine polling place, if candidates for the same office occupy more than one (1) line on the voting machine, the number of names appearing on each line shall be as nearly equal as possible.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-105; 1998, ch. 100, § 2; 2015, ch. 138, § 1.

The 2015 amendment, in the last sentence, substituted “polling place” for “precinct.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-6-123. Nonpartisan election ballots and ballot propositions.

Primary and general election ballots for nonpartisan offices and ballot propositions shall be printed on yellow paper or paper with yellow demarcation as provided by rule and regulation of the secretary of state, separate from partisan ballots. They shall contain no political party designations, but otherwise shall conform to the same general requirements for official partisan ballots except as otherwise specifically provided.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-106; Laws 1981, ch. 159, § 1; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, inserted “or paper with yellow demarcation as provided by rule and regulation of the secretary of state.”

§ 22-6-124. Ballot propositions format.

Following all offices on nonpartisan ballots, ballot propositions shall be printed in the order prescribed by law. The name and official number, if any, of each ballot proposition shall be printed adjacent to the proposition in large letters. Nonpartisan ballots shall contain the same instructions as prescribed for partisan primary election ballots in W.S. 22-6-119 . If the ballot contains a proposed constitutional amendment or other ballot proposition, the instructions shall also include the following: “To vote for or against a proposed constitutional amendment, initiative or referendum, or other ballot proposition, mark the square printed adjacent to the proposition marked ‘For’ or ‘Against’.”

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-107; Laws 1991, ch. 243, § 2; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, substituted “adjacent to the proposition” for “at the left margin” in the second sentence, and substituted “adjacent to” for “to the right of” in the last sentence.

§ 22-6-125. Order of offices and ballot propositions on nonpartisan ballots.

  1. The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:
    1. Retention of justices of the supreme court;
    2. Retention of district court judges;
    3. Retention of circuit court judges;
    4. Retention of magistrates;
    5. Repealed by Laws 2004, ch. 42, § 2; ch. 94, § 4.
    6. Candidates for municipal offices;
    7. Candidates for community college trustees;
    8. Candidates for school board trustees;
    9. Candidates for special district directors;
    10. Candidates for other offices of county subdivisions;
    11. Constitutional amendments;
    12. Initiative propositions;
    13. Referendum propositions;
    14. Other ballot propositions.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-108; Laws 1979, ch. 133, § 2; 2000, ch. 24, § 4; 2004, ch. 42, § 2; ch. 94, § 4; 2008, ch. 115, § 1.

The 2004 amendments. —

The first 2004 amendment, by ch. 42, § 2, repealed former (a)(v), which read: “Justice of the peace;”.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment, by ch. 94, § 4, also repealed former (a)(v).

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2008 amendment, inserted present (a)(vi) through (a)(x) and redesignated the remaining subsections accordingly.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-6-126. Form of nonpartisan ballots.

  1. The official nonpartisan ballot for a general election shall be printed in substantially the following form:

    OFFICIAL NONPARTISAN ELECTION BALLOT GENERAL ELECTION County of , Election District , Precinct Date (here print instructions) CANDIDATES FOR PUBLIC OFFICE For Justice(s) of the Supreme Court (Here designate the particular term, such as “regular eight (8) year term”, or the “unexpired term of years”). Shall Justice John Roe be retained in office? Yes No • • Shall Justice Richard Roe be retained in office? Yes No • • For Judge(s) of the District Court of the Judicial District (Here designate the particular term, such as “regular six (6) year term”, or the “unexpired term of years”). Shall Judge Jane Roe be retained in office? Yes No • • Shall Judge Richard Roe be retained in office? Yes No • • For Circuit Court Judge (Here designate the particular term, such as “regular four- year term”, or the “unexpired term of years”). Shall Judge John Doe be retained in office? Yes No • • Shall Judge Richard Roe be retained in office? Yes No • • For Magistrate (Here designate the particular term, such as “regular four (4) year term”, or the “unexpired term of years”). Shall Magistrate John Doe be retained in office? Yes No • • Shall Magistrate Richard Roe be retained in office? Yes No • • Align all designations of office to correspond on the ballot with the listing of names of candidates for the proper office and term. BALLOT PROPOSITIONS Proposed Constitutional Amendment Letter A: For Against (Ballot Statement) • • Proposed Initiative Proposition Number One: For Against (Ballot Statement) • • Proposed Referendum Proposition Number One: For Against (Ballot Statement) • • Other Ballot Propositions: For Against (Ballot Statement For Each Proposition) • •

    Click to view

  2. The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the supreme court, judges of the district court and circuit court judges but otherwise shall be in the same form as the general election nonpartisan ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-109; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1995, ch. 115, § 1; 2000, ch. 24, § 4; 2004, ch. 42, § 1; ch. 94, § 2.

The 2004 amendments. —

The first 2004 amendment, by ch. 42, § 1, in (a), deleted the provisions pertaining to the justice of the peace.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The second 2004 amendment, by ch. 94, § 2, also deleted the provisions pertaining to the justice of the peace.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Law reviews. —

For article, “Ousting the Judge: Campaign Politics in the 1984 Wyoming Judicial Retention Elections,” see XXIV Land & Water L. Rev. 371 (1989).

§ 22-6-127. Rotation of names on nonpartisan ballots.

  1. The names of candidates for each nonpartisan office shall be rotated on the ballot in the same manner as required by law for candidates for partisan office.
  2. Rotation is not necessary if the number of candidates is equal to or less than the number of seats up for election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-110; Laws 1991, ch. 243, § 2.

§ 22-6-128. Ballots for other elections.

At the county clerk’s discretion, separate ballots for bond, school and community college districts, and special district elections may be required and shall be provided by the authority responsible for holding the election. Ballots shall conform as nearly as possible to general requirements specified by law for the general election ballot, except as otherwise specifically provided.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-111; 1998, ch. 100, § 2.

Cross references. —

As to bond elections, see §§ 22-21-101 to 22-21-112 .

As to school elections, see §§ 22-22-101 to 22-22-304 .

§ 22-6-129. [Repealed.]

Repealed by Laws 2008, ch. 115, § 2.

Editor's notes. —

This section, which was derived from Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-112; Laws 1991, ch. 243, § 2, related to the number of ballots to be provided.

Chapter 7 Election Districts and Precincts

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 8 to 85.

29 C.J.S. Elections §§ 73 to 101.

§ 22-7-101. Election districts.

The board of county commissioners with the advice or recommendation of the county clerk, no later than its first meeting in May in every general election year shall divide the county into not more than thirty (30) election districts. Each district shall be designated by number. Election districts shall be changed only at this designated meeting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-113; Laws 1991, ch. 243, § 2; 2001, ch. 29, § 1; 2012, ch. 9, § 1.

The 2012 amendment, substituted “May” for “April” in the first sentence.

Laws 2012, ch. 9 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

§ 22-7-102. Change in precinct boundary.

  1. A precinct boundary shall not be changed unless a notice describing all proposed changes is posted on the county’s official website in the manner provided in W.S. 18-3-516(f) and published once a week for two (2) consecutive weeks in the designated official newspaper of the county. The board shall also mail by certified mail return receipt requested copy of this notice to the county chairman of each political party in the county not later than fifteen (15) days before the meeting at which the proposed changes will be discussed. A proposed change in a precinct boundary may be finalized by the board only at the designated meeting. Each precinct shall be designated by number.
  2. However, changes to municipal precinct boundaries due to the annexation of any territory shall be effective upon the date provided in the ordinance.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-114; Laws 1991, ch. 243, § 2; 2014, ch. 93, § 1.

The 2014 amendment, in (a), substituted “changes is posted on the county's official website in the manner provided in W.S. 18-3-516(f) and published once a week for two (2) consecutive weeks in the designated official newspaper of the county” for “changes is published once a week for three (3) consecutive weeks in a newspaper of general circulation in the county” in the first sentence.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-7-103. Establishing or altering election districts or precincts; designation of special precincts.

  1. In establishing or altering election districts or voting precincts, the board of county commissioners shall be guided by the interests and convenience of the greatest number of electors involved. Election districts and voting precincts shall coincide with the boundary of a municipality or ward therein and school and community college trustee residence areas and shall not cross municipal boundaries except in cases where the board of county commissioners finds, and specifies in the minutes of its meeting the reasons why it is not practical to conform the boundaries of the election district or precinct to the municipal boundary.
  2. For elections other than the primary and general election, the county commissioners may designate different precincts than those used in the general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-115; Laws 1975, ch. 185, § 2; 1991, ch. 243, § 2.

§ 22-7-104. Procedure following resolution altering precinct area.

Within five (5) days after the adoption of a resolution dividing or consolidating a precinct, or changing a precinct boundary, the county clerk shall send a certified copy of the resolution to the secretary of state and to the county chairman of each political party and notify by mail all registered electors receiving a new precinct number.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-116; Laws 1975, ch. 185, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-7-105. Election district number to precede precinct number.

Whenever they are both referred to, the election district number shall precede the voting precinct number.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-117.

Chapter 8 Judges of Election and Counting Boards

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 86 to 99.

29 C.J.S. Elections §§ 102 to 126.

§ 22-8-101. Notice of election officials needed; county chairmen to submit list of names; municipal clerks list of names appointment.

  1. Not later than the third Tuesday of April in each general election year, each county clerk shall notify the county chairmen of the major and minor political parties in the county of the number of election judges and counting board members and alternates needed for the ensuing two (2) year term.
  2. Not later than the third Tuesday of May in each general election year the county chairman of each major and minor political party in each county may certify to the county clerk a list of registered electors residing in the county and affiliated with the party, and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, who are willing to serve as a judge of election or as a member of a counting board.
  3. Not later than the third Tuesday of May in each general election year municipal clerks may submit to the county clerk a list of registered electors, and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, residing in the municipality they represent who are willing to serve as a judge of election or as a member of a counting board.
  4. Not later than June 30, the county clerk on each general election year shall appoint judges of election and counting boards and alternates from lists submitted by the county chairmen of the major and minor political parties.
  5. If the list of nominees for judges of election and members of counting boards provided by the county chairman is insufficient, the county clerk shall consider the list submitted by the municipal clerks and may appoint any elector otherwise qualified to be a judge of election or a member of a counting board.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-118; Laws 1985, ch. 119, § 1; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2005, ch. 104, § 1.

The 2005 amendment, effective July 1, 2005, inserted “and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector” in (b) and (c).

§ 22-8-102. Qualifications.

Except as otherwise provided by this section, judges of election and members of counting boards shall be registered electors and shall be physically, morally and mentally competent to perform their duties. The county clerk may appoint persons who are at least sixteen (16) years of age to serve as judges of election or members of counting boards if such persons meet all other requirements for qualification of an elector. A judge of election shall not be a member of a counting board at the same election except as provided by W.S. 22-8-108(d).

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-119; Laws 1991, ch. 243, § 2; 2002, Sp. Sess., ch. 18, § 2; 2005, ch. 104, § 1.

The 2005 amendment, effective July 1, 2005, added the exception at the beginning and inserted the second sentence.

§ 22-8-103. Terms.

Judges of election and members of counting boards serve for two (2) years or until their successors are appointed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-120.

§ 22-8-104. [Repealed.]

Repealed by Laws 1985, ch. 119, § 2.

Cross references. —

For present provisions as to certification of a list of registered electors willing to serve as election officials, see § 22-8-101 .

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to providing of lists by county chairmen of political parties.

§ 22-8-105. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, authorized the county clerk to appoint an elector qualified to be judge of election or member of a counting board where the list of nominees for such was insufficient.

§ 22-8-106. Number of judges in each polling place.

At least three (3) judges shall be appointed for each polling place. Additional judges may be appointed in a polling place as determined necessary by the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-123; Laws 1990, ch. 42, § 1; 2005, ch. 104, § 1; 2007, ch. 39, § 1; 2015, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, added the last sentence.

The 2007 amendment, effective July 1, 2007, deleted the last sentence, which read: “No more than one (1) person under the age of eighteen (18) may be appointed as an election judge for each precinct.”

The 2015 amendment, substituted “polling place” for “precinct” twice.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-8-107. Absentee ballot counting boards.

If the alternate procedure for counting absentee ballots described in W.S. 22-9-125 is used, at least three (3) judges shall be appointed as an absentee ballot counting board in the same manner as other election judges are appointed. These judges shall determine legality of absentee ballots and count absentee ballots or in the case of electronic voting systems, the ballots shall be counted at the designated counting center.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-124; Laws 1975, ch. 185, § 2; 1985, ch. 119, § 1; 1991, ch. 243, § 2.

§ 22-8-108. Appointment, composition and authority of counting boards; when judges to count.

  1. The county clerk shall appoint a counting board for each paper ballot polling place casting more than three hundred (300) votes at the last general election, and may appoint a counting board in such a polling place in which one hundred fifty (150) or more such votes were cast at such election. A counting board shall have three (3) members or more to facilitate the counting of votes. No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board.
  2. A counting board shall be appointed for each designated counting center in each county using an electronic voting system. The board shall consist of at least seven (7) members who shall be the county clerk or his designated deputy, and three (3) members of each major political party appointed by the county clerk. Additional members may be appointed by the county clerk if deemed necessary by the county clerk but equal major party membership shall be assured. No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board.
  3. The counting board in a paper ballot polling place has no authority to act until polls are declared closed. A counting board in an electronic voting system counting center may commence preparing absentee ballots for counting at any time on the day of the election.
  4. For a polling place where a counting board need not be appointed, the judges of election shall count the votes.

History. Laws 1973, ch. 51, § 1; W.S. 1957, § 22.1-125; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1990, ch. 42, § 1; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2005, ch. 104, § 1; 2015, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, added the last sentence in (a) and (b).

The 2015 amendment, substituted “polling place” for “precinct” in (a), (c), and (d).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-8-109. Party representation.

Judges and members of counting boards shall be divided between the participating political parties as nearly equal as possible.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-126; Laws 1991, ch. 243, § 2.

§ 22-8-110. Notice of appointment.

The county clerk shall immediately mail a notice of appointment to each person selected to serve as a judge of election or a member of a counting board or alternate. The notice shall also state that attendance at the training school for election officials is required unless similar training is otherwise completed to the satisfaction of the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-127; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2; 2002, Sp. Sess., ch. 18, § 2.

§ 22-8-111. Acceptance of appointment.

With each notice of appointment delivered by the county clerk there shall be a form for acceptance of the appointment or notice that each appointee shall be required to notify the county clerk of acceptance. The county clerk shall state the date by which the appointee shall be required to notify the clerk of acceptance. Failure of an appointee to notify the county clerk of acceptance within the time allotted by the county clerk results in a vacancy.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-128; 1998, ch. 100, § 2; 2015, ch. 76, § 1.

The 2015 amendment, effective July 1, 2015, rewrote the section, which read: “With each notice of appointment mailed by the county clerk there shall be a form for acceptance of the appointment. Each appointee shall file his acceptance with the county clerk within twelve (12) days after the acceptance form is mailed by the county clerk. Failure of an appointee to file an acceptance within twelve (12) days results in a vacancy.”

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-8-112. Filling vacancies.

  1. Any vacancy occurring prior to an election day shall be filled by the county clerk from the list of alternates. If no alternates exist, any elector who is qualified may be appointed. Any expedient method of notice of appointment to the county clerk and to the appointee may be used. Vacancies may be filled temporarily or for the term.
  2. If a judge is not present when polls open, or is unable to complete his duties, the vacancy shall be filled by a registered elector appointed by those judges present at the precinct polling place when the vacancy occurs and approved by the county clerk. If a member of a counting board is not present when the polls close, or is unable to complete his duties, the vacancy shall be filled by a registered elector appointed by those members of the counting board who are present.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-129; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 18, § 2; 2008, ch. 115, § 1.

The 2008 amendment, added “and approved by the county clerk” in (b).

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

§ 22-8-113. Training schools; generally and payment for attending.

Not later than four (4) days before the primary and general election, the county clerk under the direction of the secretary of state shall conduct a training school for judges of election and members of counting boards to provide instruction in the performance of their duties. The training school, which is also open to the public, shall be held at the times and places announced by the county clerk, and the secretary of state shall prescribe the minimum curriculum for the school. Additional schools may be held at the discretion of the county clerk. Unless training is otherwise provided to the satisfaction of the county clerk, all judges of election and members of counting boards are obligated to attend at least one (1) such school. All judges and members of the counting board shall be paid not less than ten dollars ($10.00) as determined by the board of county commissioners for attending a school.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-130; Laws 1975, ch. 185, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2008, ch. 115, § 1; 2013, ch. 31, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2008 amendment, substituted “secretary of state shall conduct” for “secretary of state and the county attorney shall conduct” in the first sentence.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2013 amendment, effective July 1, 2013, substituted “ten dollars ($10.00)” for “five dollars ($5.00) nor more than twenty five dollars ($25.00)” in the last sentence.

§ 22-8-114. Training schools; mileage payment and certificate.

Judges of election and members of counting boards and their alternates will be paid mileage in excess of five (5) miles at the rate authorized for county employees for attendance at training schools. The county clerk shall issue a certificate to all election officials and alternates who attend the school. This certificate expires two (2) years from the date of issue.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-131; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2.

§ 22-8-115. Oath for election officials.

  1. An election official shall subscribe to this oath in writing before entering upon his duties at each election:

    “I do solemnly swear (or affirm) that I will impartially and to the best of my knowledge and ability perform the duties of my office. I will studiously endeavor to prevent all frauds, deceit and abuse in the application of the election laws of this state.”

  2. The oath shall be taken before the county clerk, his deputy or a previously sworn judge of election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-132; 1998, ch. 100, § 2.

Cross references. —

As to oath of office generally, see art. 6, § 20, Wyo. Const.

§ 22-8-116. Compensation.

Judges of election and members of counting boards shall be compensated for services at a rate to be determined by the board of county commissioners at the June meeting and stated on the notice sent to each nominee. The rate shall be not less than the state minimum wage. Compensation shall begin one (1) hour before a member assumes his duties. The election official who delivers the returns shall receive additional compensation for necessary travel beyond ten (10) miles at the rate authorized for county employees. If a flat rate is paid, said sum shall not be less than the state hourly minimum wage multiplied by the number of hours the polls are open plus one (1) hour.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-133; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2.

Cross references. —

As to reimbursement of county employees for necessary travel, see § 18-3-110 .

As to minimum wage, see § 27-4-202 .

Chapter 9 Absentee Voting

Cross references. —

As to when residence not lost by reason of absence for purpose of voting, see art. 6, § 7, Wyo. Const.

For provision that soldiers stationed in state are not to be considered residents for purpose of voting, see art. 6, § 8, Wyo. Const.

For constitutional provisions as to absent voter ballots, see art. 6, § 22, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 331 to 339.

Validity, construction and effect of absentee voters' laws, 97 ALR2d 218.

29 C.J.S. Elections § 216.

§ 22-9-101. Duty to assist absent electors to vote.

The state and county selective service boards, all military organizations, the adjutant general, citizens and officers of this state are charged with the duty of cooperation with election officials and absent electors to assist absent qualified electors to vote in all elections.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-134.

§ 22-9-102. Who may vote by absentee ballot.

  1. Any qualified elector may vote by absentee ballot.
  2. A qualified elector who leaves the state with the intent to make his residence elsewhere may vote by absentee ballot in Wyoming until he has met the residency requirement in his new state of residence.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-135; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

§ 22-9-103. Where to apply.

Applications for an absentee ballot for any election to which this Election Code applies shall be made to the appropriate county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-136; Laws 1974, ch. 24, § 3.

§ 22-9-104. How to apply; information required.

  1. A qualified elector may apply for an absentee ballot either in person, in writing, or by telephone, by furnishing the following information:
    1. Name in full, social security number (optional), date of birth, and current Wyoming residence address by street, city, county, and zip code or last Wyoming residence address and month and year of leaving Wyoming to live temporarily in another state or nation, if applicable;
    2. The election for which the absentee ballot is requested;
    3. If a primary election, the political party ballot if desired;
    4. Repealed by Laws 2020, ch. 100, § 2.
    5. If not obtained in person by the elector, the address to which the absentee ballot is to be mailed or the name of the individual the elector designates in writing to deliver the ballot to the elector.
  2. If the foregoing information is received other than in writing, the clerk receiving the same shall reduce it to writing.
  3. Request for a ballot may be made on behalf of an absentee qualified elector if the prescribed information is furnished.
  4. No organization or person on behalf of an organization shall obtain an absentee ballot for an elector.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-137; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2020, ch. 100, § 2.

The 2005 amendment, effective July 1, 2005, rewrote (a)(i), to allow for furnishing either current or last Wyoming residence address.

The 2020 amendment, effective July 1, 2020, repealed (a)(iv), which read “A statement that applicant is entitled to vote in the election.”

§ 22-9-105. Application.

A qualified elector may apply for an absentee ballot at anytime during the calendar year in which the election is held, but not on the day of the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-138; Laws 1985, ch. 143, § 1; 1990, ch. 42, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-9-106. Qualified absentee voter; written notification if rejected.

The clerk shall mark each completed absentee ballot application with the date of receipt. The clerk shall then determine if the applicant is properly qualified to vote. If the applicant is not entitled to vote, the clerk shall not issue a ballot to him and shall mark the application “rejected” and file it in a file separate from applications which are accepted. If an application is rejected, the clerk shall immediately notify the applicant in writing of the reason for rejection.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-139; Laws 1991, ch. 243, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, substituted “date” for “date and time.”

§ 22-9-107. Delivering ballots to qualified applicants.

If the clerk determines that the applicant is entitled to vote, he shall mark the application “Accepted” and shall, not more than forty-five (45) days prior to the election, distribute to the applicant, or the individual designated by the applicant, the absentee ballot or ballots requested, instructions for marking the ballot and the required envelopes for use in returning the ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-140; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 18, § 2; 2011, ch. 38, § 1; 2015, ch. 76, § 1.

The 2011 amendment, effective July 1, 2011, substituted “shall, not less than forty (40) days nor more than forty-five (45) days prior to the election, distribute” for “as soon as ballots are available he shall immediately deliver.”

The 2015 amendment, effective July 1, 2015, substituted “not more than” for “not less than forty (40) days nor more than.”

If law requires no prior registration for a particular election, then the clerk could not refuse to send ballots to absent voters, along with the necessary registration affidavit which the voter would make at the time of voting. Torres v. Laramie County School Dist. No. 1, Torres v. Laramie County Sch. Dist., 506 P.2d 817, 1973 Wyo. LEXIS 144 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1185 (U.S. 1973).

Irregularity in delivery. —

Facts that ballot was delivered by courier instead of by mail and that others were mailed to another officer than the county clerk did not authorize the canvassing board to reject the votes in absence of fraud where clerk had received the ballots and board found them genuine. Pratley v. State, 17 Wyo. 371, 99 P. 1116, 1909 Wyo. LEXIS 7 (Wyo. 1909).

§ 22-9-108. Absentee ballot record; information to be entered.

  1. For each election, the clerk shall keep an “Absentee Ballot Record” in which he shall enter the following information:
    1. The name, voter registration number and residence address of each absentee ballot applicant, and the ballots requested by each;
    2. The date of receipt of each application;
    3. Whether the application was accepted or rejected;
    4. The applicant’s district and precinct number;
    5. The name of the individual to whom the ballot was delivered or the address to which the ballot was mailed, the date of delivery or mailing, and the type of ballot or ballots delivered or mailed;
    6. The date the completed ballot was received by the clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-141; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, in (a) substituted “Absentee Ballot Record” for “Absentee Ballot Book”; and in (a)(ii) substituted “date” for “date and time.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-9-109. Form of absentee ballot.

  1. The absentee ballot shall be in the same form prescribed by law for the official ballot or a reasonable printed reproduction of the prescribed form for electronic ballots.
  2. Notwithstanding subsection (a) of this section, official absentee ballots for primary, general and special elections may be provided in an electronic format to voters with rights under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-142; Laws 1991, ch. 243, § 2; 2004, ch. 94, § 2; 2011, ch. 15, § 1; 2014, ch. 108, § 1.

The 2004 amendment added “or a reasonable printed reproduction of the prescribed form for electronic ballots” at the end.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2011 amendment, added (b).

Laws 2011, ch. 15 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2011.

The 2014 amendment , in (b), deleted “and” preceding “general,” and inserted “and special.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-9-110. Form of absentee ballot envelopes; distribution.

  1. The secretary of state shall prescribe the form, and distribute to the clerks responsible for the respective elections a supply of the following official envelopes:
    1. The official inner ballot envelope for use in sealing and returning the completed absentee ballot;
    2. The official outer envelope for use by the clerk in distributing absentee ballot materials.
  2. Repealed by Laws 1991, ch. 243, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-143; Laws 1974, ch. 24, § 2; 1991, ch. 243, §§ 2, 5.

§ 22-9-111. Affidavit to be printed on inner envelope; attestation.

  1. Repealed by Laws 1991, ch. 243, § 5.
  2. For all voters, as specified in W.S. 22-9-105 , an oath containing the following information and meeting the following requirements shall be printed on the reverse side of the inner ballot envelope:
    1. The elector’s full name;
    2. The elector’s current residence address or if living temporarily in another state or nation, his last residence address in Wyoming;
    3. Repealed by Laws 2014, ch. 108, §  2.
    4. Under the above information shall be the following:
      1. “I hereby swear or affirm, under penalty of perjury, that I am entitled to vote in the precinct at the next election and that I have not voted and will not vote again in this election, and that the above information is true and correct. . . . . . . . . . . . . . . . . . . . . (Date) . . . . . . . . . . . . . . . . . . . . (Signature of elector)”

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-144; Laws 1978, ch. 38, § 2; 1985, ch. 143, § 1; 1991, ch. 243, §§ 2, 5; 2005, ch. 110, § 1; 2014, ch. 108, § 2; 2015, ch. 76, § 1.

The 2005 amendment, effective July 1, 2005, rewrote (b), listing the requirements for the oath in (b)(i) through (b)(iii), and simplifying the oath form accordingly, which now appears as (b)(iv)(A).

The 2014 amendment, repealed former (b)(iii) which read: “The elector shall provide his district and precinct numbers.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, in the introductory language of (b), inserted “containing the following information and”; in (b)(i), substituted “elector's” for “elector shall print his”; and in (b)(ii), substituted “elector’s” for “elector shall provide his.”

Editor's notes. —

There is no subparagraph (b)(iv)(B) in this section as it appears in the printed acts.

§ 22-9-112. Instructions on outer envelope.

  1. Repealed by Laws 1991, ch. 243, § 5.
  2. For all electors, as specified in W.S. 22-9-105 , the following shall be printed on the reverse side of the outer envelope in red ink: INSTRUCTIONS This is your absentee ballot. To vote, mark the ballot in secret, then sign the affidavit on the back of the inner ballot envelope and mail or deliver the inner ballot envelope to the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-145; Laws 1985, ch. 143, § 1; 1991, ch. 243, §§ 2, 5.

§ 22-9-113. Completing and return of ballot.

Upon receipt, a qualified elector shall mark the ballot and sign the affidavit. The ballot shall then be sealed in the inner ballot envelope and mailed or delivered to the clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-146; 1998, ch. 100, § 2.

§ 22-9-114. Receipt by clerk; generally.

The clerk shall mark on each completed inner envelope the date and time of receipt and enter this information in the absentee ballot record. From information contained in the affidavit or from other reliable sources, the clerk shall determine the district and precinct where the ballot shall be voted and shall write the number of the district and precinct on the inner envelope.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-147; Laws 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, substituted “absentee ballot record” for “absentee ballot book.”

§ 22-9-115. Receipt by clerk; handling procedure.

  1. After an absentee ballot has been accepted by the clerk, it shall not be returned to the voter.
  2. The clerk shall place completed absentee ballot envelopes in a large precinct envelope for the precinct in which they shall be voted and keep custody of them until they are delivered to the polling place or the designated counting center. The clerk shall endorse on the precinct envelope the number of the district and precinct and the words “Envelope contains ballots of absentee qualified electors and shall be opened only on election day at the polls when the polls are open” and shall affix his signature, official title, and seal the envelope.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-148; Laws 1991, ch. 253, § 2; 2010, ch. 3, § 2; 2015, ch. 138, § 1.

The 2010 amendment, effective July 1, 2010, added (a) and designated the existing paragraph as (b).

The 2015 amendment, in (b), substituted “polling place” for “precinct” in the first sentence.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

No discretion to count ballots. —

Votes of absent voters are taken when they are received by the judges on election day, and where envelopes are found to be genuine and entitled to be opened, board has no discretion, in absence of challenge, to refuse to count ballots. Pratley v. State, 17 Wyo. 371, 99 P. 1116, 1909 Wyo. LEXIS 7 (Wyo. 1909).

§ 22-9-116. Duplicate precinct lists; generally.

The clerk shall make in duplicate a precinct list indicating the names of electors voting an absentee ballot in the precinct.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-149.

§ 22-9-117. Duplicate precinct lists; handling procedure.

The duplicate list of absentee precinct electors shall be placed in the precinct envelope with the absentee ballots. The precinct envelope shall be sealed before being delivered to the precinct polling place.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-150.

§ 22-9-118. Delivery of absentee ballots and duplicate list to precincts.

The clerk shall oversee the delivery of the sealed envelope containing absentee ballots and the duplicate list of absent electors to each precinct polling place before the polls are opened. Absentee ballots returned to the county clerk not later than 7:00 p.m. on election day shall be counted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-151; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2.

§ 22-9-119. Late absentee ballots.

An absentee ballot received by the clerk after the polls close shall not be voted. The clerk shall write on the inner envelope of such late absentee ballot “Rejected — received after the polls closed”. These late ballots shall be kept by the clerk for at least two (2) years after the election or longer if required by federal law and then destroyed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-152; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2.

§ 22-9-120. Receipt of absentee ballots and lists by judges.

When the absentee ballots are delivered to the polls and the polls are open, the judges of election shall open the precinct envelope and determine whether the ballots therein correspond to the names on the enclosed duplicate list. If they do, the judges shall retain one (1) list permanently, sign the other and return it in receipt to the clerk. The clerk shall retain his list in the absentee ballot record.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-153; Laws 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, substituted “absentee ballot record” for “absentee ballot book.”

§ 22-9-121. Examination of absentee ballot affidavit; rejection; voting ballots.

  1. After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit on the absentee ballot envelope to determine if it is legally sufficient.
  2. If it is not, they shall write on the unopened inner envelope “REJECTED” and reasons for rejection. A rejected ballot envelope and the ballot therein shall be returned to the clerk who delivered it and retained by the clerk as required by state and federal law or until the final termination of any court action in which it may be involved, whichever is later, and then destroyed.
  3. If it is sufficient:
    1. In a paper ballot precinct, the name of the absent elector shall be entered in the pollbook, the inner ballot envelope shall be opened by a judge of election and the ballots therein shall be removed. The ballot shall then be placed in the regular ballot box by a judge of election;
    2. In a voting machine precinct, the inner ballot envelope shall be opened after the judges are sworn in and as activity permits, the ballots therein removed and each ballot deposited in its proper box. After the absentee ballots have been so deposited, they shall be mixed within the box, removed from the box and once the polls open and as activity permits, voted on a voting machine in the following manner: A judge of election shall read the vote for each candidate and ballot proposition. A judge of a different political party affiliation shall record the vote as read on the machine. A third judge shall observe this procedure to see that the vote is correctly cast.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-154; Laws 1979, ch. 133, § 2; 1990, ch. 42, § 1; 1991, ch. 243, § 2; 2011, ch. 38, § 1; 2015, ch. 76, § 1.

The 2011 amendment, effective July 1, 2011, deleted “and stamped with the regular rubber stamp” preceding “and initialed by a judge” or a variant in (c)(i) and (c)(ii).

The 2015 amendment, effective July 1, 2015, in (c)(i), deleted “and initialed by a judge of election” at the end of the first sentence; and in (c)(ii), deleted “initialed by a judge of election” preceding “and each ballot.”

Where ballot of absent voter was not challenged, it was duty of the board to count the vote, though the voter might not in fact have been entitled to vote, leaving that question to be determined in a proper contest. Pratley v. State, 17 Wyo. 371, 99 P. 1116, 1909 Wyo. LEXIS 7 (Wyo. 1909).

§ 22-9-122. Return of inner ballot envelopes.

The opened inner ballot envelopes shall be returned to and retained by the clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-155; Laws 1991, ch. 243, § 2.

§ 22-9-123. Multiple voting prohibited.

A person shall not vote by absentee ballot and in person at the same election. If more than one (1) absentee ballot is received by a clerk from the same person for the same election, only the first ballot received shall be counted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-156; Laws 2002, Sp. Sess., ch. 18, § 2.

§ 22-9-124. Violations.

If a person violates the provisions of this chapter outside the state of Wyoming, he shall be punishable as though the violation had occurred within the state and may be prosecuted in the county where the absentee ballot was delivered or mailed to the clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-157.

§ 22-9-125. Alternate procedures for collecting and counting absentee ballots.

  1. The board of county commissioners may elect to adopt one (1) or both of the following alternate procedures for casting, collecting and counting absentee ballots:
    1. Direct that absentee ballots shall be delivered to and counted by at least three (3) judges appointed for that purpose under W.S. 22-8-107 instead of the procedures specified in this chapter for the delivery of absentee ballots to the separate precincts or designated counting centers. However, if this alternate procedure is used, the judges shall record the results by precinct and shall immediately certify the results to the county clerk;
    2. Direct that an absentee polling place may be established in the courthouse or other public building which is equipped to accommodate voters from all districts and precincts within the county and shall be open the same hours as the courthouse on normal business days during the time period allowed for absentee voting. If this alternate procedure is used, the county clerk may also establish in one (1) or more public buildings within the county additional satellite absentee polling places to accommodate voters. A satellite absentee polling place shall be open only on the dates and at the times specified by the county clerk during the time period allowed for absentee voting.
  2. In the case of electronic voting systems using either alternate procedure provided in subsection (a) of this section, the ballots may be tabulated automatically and the ballot counts shall be entered at the designated counting center at the time the polls close on election day.
  3. If either alternate voting procedure provided in subsection (a) of this section is sought to be used, the secretary of state is authorized to adopt rules and regulations to guard against abuses of the elective franchise to include such matters as contained in W.S. 22-26-113 through 22-26-115 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-158; Laws 1985, ch. 119, § 1; 1991, ch. 243, § 2; 2006, ch. 108, § 1; 2014, ch. 108, § 1; 2020, ch. 101, § 1.

The 2006 amendment, effective April 1, 2006, rewrote the section, added (c) and inserted designations (a) and (b); inserted (a)(ii); inserted the proviso in (b); and made related changes.

The 2020 amendment, in (a)(ii) added the last two sentences.

Laws 2020, ch. 101, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2020.

The 2014 amendment, deleted “the secretary of state and” in the last sentence of (a)(i).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

Chapter 10 Voting Machines

Cross references. —

As to electronic voting systems, see §§ 22-11-102 to 22-11-108 .

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 305 to 308.

29 C.J.S. Elections § 323.

§ 22-10-101. Criteria for approval.

  1. To be approved for use in Wyoming a voting machine shall:
    1. Require secret voting, except for electors receiving assistance as provided by law;
    2. Permit an elector to cast any vote he is entitled to cast at any election and permit voting for a write-in candidate for any office;
    3. Preclude an elector from casting any vote he is not entitled to cast at any election or to cast more votes for a candidate, office or ballot proposition than are allowed by law;
    4. Permit an elector to change any vote before his vote is registered;
    5. Permit an elector by one (1) device to vote simultaneously for candidates of one (1) political party for president, vice-president and presidential electors;
    6. Permit adjustment at a primary election to assure that an elector will vote only the political party or nonpartisan ballot he is entitled to vote;
    7. Have separate voting devices for candidates and ballot propositions, which shall be arranged in separate rows or columns, so that one (1) or more adjacent rows or columns may be assigned to the candidates of each political party at a primary election;
    8. Have a public counter visible outside the machine which shall show at all times during an election the number of electors who have voted on the machine, and a protective counter which cannot be reset and which will record the total number of movements of the registering mechanism;
    9. Have locks and seals to permit the machine to be locked to prevent any movement of the registering mechanism;
    10. Have the capacity to contain the names of candidates constituting the tickets of not less than five (5) political parties and independent groups and not less than fifteen (15) ballot propositions;
    11. Be constructed so that an elector may readily learn how to operate, it may expeditiously cast his vote, and when operated properly shall register and accurately record every vote cast;
    12. Be durably constructed of good quality material in a neat and workmanlike manner and shall be safely transportable.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-159; 1998, ch. 100, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-10-102. Selection by county commissioners.

The board of county commissioners may adopt for use in any precinct in the county a type of voting machine meeting the standards specified in W.S. 22-10-101 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-160.

§ 22-10-103. Lease or purchase of machines.

The board of county commissioners may lease such approved voting machines for use in any precinct in the county or purchase them for cash or in annual installments not to exceed ten (10) years.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-161.

§ 22-10-104. Submission of purchasing bonds question to electors.

The board of county commissioners may submit to the electors of the county the question whether the board of county commissioners shall be authorized to issue registered coupon bonds of the county in an amount which, together with the existing indebtedness of the county shall not exceed two percent (2%) of the taxable property in the county as shown by the last general assessment, and bearing a rate of interest not exceeding ten percent (10%) per annum, and payable in not to exceed twenty (20) years, for the purchase of voting machines to be used in countywide elections and for the construction of necessary storage facilities and the building site therefor.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-162.

§ 22-10-105. Rental fees; generally.

When the expense of an election held in a county is chargeable in whole or in part to the state, a political subdivision thereof or other governmental entity other than the county, the state, subdivision or other governmental entity shall pay to the county a fee per day fixed by the board of county commissioners for use of voting machines. When the expense is divided by law among two (2) or more entities participating in the election, the rental fee expense shall be shared proportionately.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-163.

§ 22-10-106. Rental fees; where paid.

All moneys paid to the county for the rental of voting machines shall be paid into the county fund used to acquire and maintain voting machines.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-164.

§ 22-10-107. Custody and maintenance.

The county clerk shall have custody of voting machines and keep them in repair. The county clerk shall have custody and care of keys and seals for the voting machines.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-165; 1998, ch. 100, § 2.

§ 22-10-108. Procedure for preparing machines for election; inspection and certification.

  1. Before preparing a voting machine for an election, the county clerk shall notify in writing the county chairman of each political party having a candidate on the ballot and all independent candidates, stating the time and place where the voting machine will be prepared for the election. The political party representatives and representatives of independent candidates may be present at the preparation of the voting machine for the election, to see that the machine is tested for accuracy and is properly prepared and that all registering counters are set at zero (00000). The county clerk in the presence of these representatives shall prepare the voting machine for the election and set all registering counters at zero (00000). He shall then test each registering counter for accuracy by casting votes on it until the registering counter is correctly registering each vote cast on it. The county clerk shall then reset each registering counter to zero (00000) and shall immediately lock and seal the voting machine with a numbered metal seal and make a record of the number of the seal on the certificate for the machine. The seal shall be so placed as to prevent operation of the machine or its registering counters without breaking the seal. The county clerk shall then immediately make a record on the certificate for the machine of the reading shown on the protective counter.
  2. Inspection of voting machines may begin two (2) weeks before an election and continue until all machines to be used are sealed. Immediately following testing of a machine, the county clerk shall make a certificate in writing stating the serial number of each machine, whether the machine has all the registering counters set at zero (00000), and whether the machine has been tested by voting on each registering counter to prove that each registering counter is in perfect and accurate condition, the number registered on the protective counter, and the number on the seal with which the machine is sealed against operation. This certificate shall be kept on file in the office of the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-166; Laws 1991, ch. 243, § 2; 2008, ch. 115, § 1; 2014, ch. 108, § 1.

The 2008 amendment, substituted “notify in writing” for “mail a written notice to” in the first sentence of (a).

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2014 amendment, in the first sentence of (a), inserted “and all independent candidates.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-10-109. Key in sealed envelope; matters to be printed thereon.

  1. When all voting machines to be used in an election are locked and sealed, the key to each machine shall be enclosed in a sealed envelope on which shall be printed:
    1. The number or designation of the election district and precinct in which the machine is to be used;
    2. The number of the seal with which the machine is sealed;
    3. The number registered on the protective counter as reported by the county clerk;
    4. The signature of the clerk and the signatures of two (2) representatives, if any, placed across the seal.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-167.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-10-110. Presumption of proper preparation; objections.

A voting machine prepared for an election and certified by the county clerk shall be conclusively presumed to be properly prepared unless within two (2) days after the machine is sealed and certified a complaint is filed in the district court of the county stating the number of the machine and the grounds for objecting to its use.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-168.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-10-111. Delivery and return; expenses.

The county clerk shall provide for the delivery of voting machines to the polling places at least one (1) hour before the polls open and their return to custody after the election. The expense of transporting the machines shall be paid by the authority or proportionately by the authorities conducting the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-169; 2015, ch. 138, § 1.

The 2015 amendment, in (b), substituted “polling places” for “precincts” in the first sentence.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Chapter 11 Electronic Voting Systems

Cross references. —

As to voting machines generally, see §§ 22-10-101 to 22-10-111 .

§ 22-11-101. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1974, ch. 24, § 1, defined terms for the chapter on electronic voting systems.

§ 22-11-102. Use authorized; purchase or lease.

The board of county commissioners of each county may adopt for use, either experimentally or permanently, in any election in any or all polling places within the county, any electronic voting system authorized by law.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.2; 1998, ch. 100, § 2; 2015, ch. 138, § 1.

The 2015 amendment, in (b), substituted “polling places” for “precincts.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Cross references. —

As to purchase or lease of voting machines, see §§ 22-10-103 and 22-10-104 .

§ 22-11-103. Capabilities required.

  1. Every electronic voting system adopted for use in Wyoming shall:
    1. Provide for voting in secrecy;
    2. Permit each voter to vote at any election for all candidates and offices, and on any question, for which he is lawfully entitled to vote;
    3. Permit voting either by paper ballot, by ballot card or by other mechanical, magnetic or electrical means by which a vote may be recorded;
    4. Permit each voter, at presidential elections, by one (1) mark to vote for candidates of one (1) party for president, vice-president and presidential electors or to write in a name for president;
    5. Provide for replacement of spoiled ballots;
    6. Permit both absentee and write-in voting;
    7. Provide automatic tabulating equipment which shall reject choices recorded on a ballot exceeding the number allowed, and at a primary election reject choices for candidates from a party other than the party for which a preference is expressed;
    8. Be suitably designed to function safely, efficiently and accurately, when properly operated, in recording, tabulating and counting every vote cast;
    9. Repealed by Laws 1998, ch. 100, § 5.
    10. Be certified by the secretary of state.
  2. Repealed by Laws 1998, ch. 100, § 5.
  3. The secretary of state may from time to time as necessary promulgate rules and regulations consistent with subsection (a) of this section and with all other requirements of this Election Code to govern the characteristics of electronic voting systems that may be used in Wyoming. The rules shall ensure the fairness and accuracy of elections. The rules may govern both the characteristics of the systems and the procedures to be followed in using the systems. The rules shall allow the county clerks to follow appropriate recommendations of the vendors of the systems for maintenance and management of the systems to the extent these recommendations are not inconsistent with this Election Code and with the rules. The rules shall be adopted following consultation with the county clerks.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.3; Laws 1991, ch. 243, § 2; 1998, ch. 100, §§ 2, 5; 2004, ch. 94, § 2; 2014, ch. 108, § 1.

The 2004 amendment, in (a)(iii), added “or by other mechanical, magnetic or electrical means by which a vote may be recorded” at the end.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2014 amendment, in (a)(iv), deleted “or punch.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-11-104. Conduct of elections in which systems utilized.

  1. All provisions of the Election Code governing the conduct of elections shall apply to elections in which electronic voting systems are used, except that the county clerk of any county in which an electronic voting system is used may make such modifications in ballot form as are necessary to facilitate the use of the electronic voting system and yet maintain the integrity of the election and the intent of the law.
  2. The county clerk of each county using an electronic voting system shall:
    1. Determine whether paper ballots, ballot cards or a combination of both will be used in each polling place;
    2. Before the day of election deliver to each polling place using an electronic voting system:
      1. A sufficient number of voting devices and ballots;
      2. Repealed by Laws 2014, ch. 108, §  2.
      3. Other appropriate instructional materials or devices; and
      4. All other materials required by law.
    3. Before testing an electronic voting system for an election, notify the county chairman of each political party having a candidate on the ballot, stating the time and place of the test. The political party representatives and representatives of independent candidates may be present for the test, which shall be held at least two (2) weeks before the election. The test shall ascertain that the automatic tabulating equipment will accurately count the votes cast for all offices and all measures. The test shall be conducted by processing a preaudited group of paper ballots or ballot cards on which are recorded a predetermined number of valid votes for each candidate and on each measure and shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. During the test a different number of valid votes shall be assigned to each candidate for an office, and for and against each measure. If any error is detected, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified to by the county clerk. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots;
    4. Designate one (1) or more counting centers;
    5. Provide adequate security for the delivery of all ballots to the designated counting center;
    6. Provide that if any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment, a true, duplicate copy shall be made by counting board members and substituted for the damaged or defective ballot. All duplicate ballots shall be clearly labeled “Duplicate” and shall bear a serial number which shall be recorded on the damaged or defective ballot. Damaged or defective ballots shall be delivered with the returns to the county clerk.
  3. In addition to any other duties prescribed by law, election judges in polling places using an electronic voting system shall:
    1. Repealed by Laws 2014, ch. 108, §  2.
    2. Provide adequate instruction in the use of the voting device to each voter before he enters the voting booth. Additional instruction may be provided as specified by law.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.4; Laws 1991, ch. 243, § 2; 2010, ch. 3, § 2; 2014, ch. 108, §§ 1, 2; 2015, ch. 138, § 1.

The 2010 amendment, effective July 1, 2010, in (b)(iii), substituted “notify” for “mail a written notice to,” and deleted the second to the last sentence, which read: “The tabulating equipment shall pass the same test before and after the ballot count on an election day before the election returns are certified by the election judges.”

The 2014 amendment, in (a), deleted “or ballot label” preceding “form as are necessary”; and repealed former (c)(i) which read: “Display facsimile diagrams of the voting device in the same manner as provided for voting machines.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2015 amendment, substituted “polling place” for “precinct” and made similar changes in (b) and (c).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-11-105. Spoiled ballots.

Any voter who spoils his paper ballot or ballot card may return it and secure a replacement. The word “Spoiled” shall be written across the face of the voided ballot, and it shall be placed in an envelope for spoiled ballots. Spoiled ballots shall be delivered with the returns to the county clerk.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.5; 2013, ch. 28, § 1.

Cross references. —

For another provision concerning spoiled ballots, see § 22-13-107 .

The 2013 amendment, effective July 1, 2013, deleted “, but not more than twice” in the first sentence.

§ 22-11-106. Procedure after voter marks paper ballot.

After marking the paper ballot, the voter shall place the ballot in the voting machine. If the votes are being counted at a central counting center as authorized by W.S. 22-14-114(b), the voter shall instead place the paper ballot in the ballot box.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.6; 2020, ch. 100, § 1.

The 2020 amendment, effective July 1, 2020, rewrote the section, which read “After marking his paper ballot or ballot card, the voter shall place the ballot inside the ballot envelope and return it to the judge. The judge shall remove the stub and deposit the envelope with the ballot inside in the ballot box. The ballot stub shall be deposited in an envelope provided for that purpose. Ballot cards from which the ballot stub has been detached by anyone except an election judge shall not be deposited in the ballot box, but shall be marked ‘Spoiled’ and placed in the spoiled ballot envelope.”

§ 22-11-107. Failure of automatic tabulating equipment.

If the automatic tabulating equipment fails during the ballot count, the counting board shall use an alternate method of counting the ballots.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-169.7.

§ 22-11-108. Retabulation.

A retabulation may be performed at the discretion of the county clerk. If the retabulation indicates a different count, the result of the last retabulation shall be the official result unless a recount is conducted. If the difference in the retabulations affects the result of any race or ballot proposition, a recount under W.S. 22-16-109(a) shall be conducted.

History. Laws 2002, Sp. Sess., ch. 18, § 1.

§ 22-11-109. Post election audit.

The county clerk shall conduct a random audit of ballots by processing the preaudited group of test ballots as described in W.S. 22-11-104(b)(iii) on five percent (5%) of the automated tabulating equipment for that county, but on not less than one (1) machine, within thirty (30) days of any election in which the tabulating equipment was used.

History. Laws 2010, ch. 3, § 1.

Effective date. —

Laws 2010, ch. 3, § 4, makes the act effective July 1, 2010.

Chapter 12 Polling Place Regulations Before Polls Open

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. Elections §§ 301, 302.

29 C.J.S. Elections §§ 313 to 315.

§ 22-12-101. Designation and notice of polling places; external location; change in location.

  1. Polling places shall be designated by the county clerk, who shall publish their location at least once in a newspaper of general circulation in the county within two (2) weeks prior to a statewide election. Polling places may be located outside of the precinct if the board of county commissioners determines and records in its minutes the reasons that it is required by the public convenience.
  2. A polling place designated pursuant to subsection (a) of this section and used in the 2014 general election shall be not be changed unless a notice describing the proposed change is posted on the county’s official website in the manner provided in W.S. 18-3-516(f) and published once a week for two (2) consecutive weeks in the designated official newspaper of the county. The notice shall include the date and place of the county commissioners’ meeting where the proposed change will be discussed. The county clerk shall notify the county chairman of each political party in the county not later than fifteen (15) days before the meeting. A proposed change in the location of a polling place may be adopted by the county clerk at a meeting of the county commissioners during which the proposed change is discussed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-170; 2015, ch. 138, § 1.

The 2015 amendment, added the (a) designation; and added (b).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-12-102. Schools to be available for polling places.

School and community college districts shall make schools available for polling places if an authority conducting an election determines that use of schools is necessary.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-171.

§ 22-12-103. Furnishing of booths.

The county clerk in all elections shall furnish each polling place with sufficient booths, paper ballots or voting machines and supplies to permit convenient and secret marking of ballots.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-172; Laws 1991, ch. 243, § 2.

§ 22-12-104. Printed instruction cards.

The county clerk shall provide printed instruction cards to guide electors preparing ballots. These cards shall be printed in large clear type and indicate how to obtain a ballot, how to prepare the ballot for deposit in the ballot box, how to obtain a new ballot in place of one spoiled, and a statement of acts constituting a violation by voters of the Election Code.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-173.

§ 22-12-105. Posting instruction card and sample ballot.

Before the polls are opened, the judges of election shall post in each booth one (1) instruction card. They shall post elsewhere in the polling place at least one (1) instruction card and one (1) sample ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-174; Laws 1991, ch. 243, § 2; 2013, ch. 31, § 1.

The 2013 amendment, effective July 1, 2013, substituted “one (1)” for “three (3),” substituted “card” for “cards,” and substituted “ballot” for “ballots.”

§ 22-12-106. Contents of voting booths.

Voting booths shall contain nothing except voting instructions and materials necessary for marking ballots.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-175; Laws 1991, ch. 243, § 2.

§ 22-12-107. Materials for judges.

  1. Before election day the county clerk shall cause to be delivered to one (1) of the judges of election in each polling place the following materials:
    1. Pollbooks;
    2. At any election specified in W.S. 22-2-101(a)(i) through (viii), registration applications;
    3. A map of the precinct boundaries;
    4. Ballot boxes in the number required by law with secure locks and keys and one (1) opening sufficient to admit a single ballot;
    5. Voting machines, where required;
    6. The number of ballots required by law;
    7. and (viii) Repealed by Laws 2011, ch. 38, § 2.
    8. Repealed by Laws 2017, ch. 86, § 2.
    9. Other necessary supplies.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-176; Laws 1975, ch. 185, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2008, ch. 115, § 1; 2011, ch. 38, § 2; 2015, ch. 138, § 1; 2017, ch. 86, § 2.

The 2005 amendment, effective July 1, 2005, in (a)(i), deleted “and a list of registered electors residing in the precinct”; and in (a)(ii), substituted “any election specified in W.S. 22-2-101(a)(i) through (viii)” for “general and primary elections.”

The 2008 amendment, substituted “single ballot” for “single folded ballot” in (a)(iv).

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2011 amendment, effective July 1, 2011, repealed former (a)(vii) and (viii) pertaining to ink pads and rubber stamp.

The 2015 amendment, in (a), substituted “polling place” for “precinct.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2017 amendment, effective July 1, 2017, deleted former (a)(ix), which read: “Copies of the Election Code.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-12-108. Delivery of ballots and stamps; breaking of seals.

Ballots shall be delivered under seal or otherwise properly secured and a receipt therefor signed by a judge of election shall be filed with the county clerk. Seals shall be broken on the morning of election day by the chief judge in the presence of the other judges before the polls are opened.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-177; 1998, ch. 100, § 2; 2011, ch. 38, § 1.

The 2011 amendment, effective July 1, 2011, deleted “and stamps” following “Ballots.”

§ 22-12-109. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, provided for distribution of copies of the Election Code.

§ 22-12-110. Supplies for voting machines.

  1. When voting machines are used the county clerk shall have an appropriate official deliver to a judge of election in each polling place, before the day of election, the following supplies:
    1. The key to each machine sealed in an envelope;
    2. Repealed by Laws 2013, ch. 31 §  2.
    3. Other appropriate instructional devices.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-179; 1998, ch. 100, § 2; 2013, ch. 31, § 2; 2015, ch. 138, § 1.

Cross references. —

As to voting machines generally, see §§ 22-10-101 to 22-10-111 .

As to electronic voting systems, see §§ 22-11-102 to 22-11-108 .

The 2013 amendment, effective July 1, 2013, repealed former (a)(ii), which read: “At least four (4) facsimile diagrams of the entire face of the voting machine as it will appear on election day.”

The 2015 amendment, in (a), substituted “polling place” for “precinct.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-12-111. [Repealed.]

History. Laws 2013, ch. 31, § 2.

§ 22-12-112. Procedure for preparing voting machines for use.

Before the polls open the judges shall compare ballots on the voting machines with the sample ballots and return sheets to see that they are correct, place the voting machine in a proper position free from obstruction and assure that the face of the machine may be viewed clearly by the voter casting the ballot but not by others. Envelopes containing keys shall not be opened if the numbers and records on them do not correspond to the numbers and records on the machine. If the numbers do not agree, the machine shall be reexamined and certified by the county clerk before it may be used.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-181; 2008, ch. 115, § 1; 2014, ch. 108, § 1.

The 2008 amendment, substituted “by the voter casting the ballot but not by others” for “except when the curtain on the machine is closed for casting ballots” at the end of the first sentence.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2014 amendment, in the first sentence, substituted “ballots” for “ballot labels.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-12-113. Setting of registering counters.

The judges shall see that all registering counters are set at zero (00000) and that the voting machines are in proper condition. If the machine is equipped with a mechanical or photographic printout device, the election board shall determine that counters are set at zero (00000) by using the printout device. Any count on a machine shall be noted and certified by the judges to permit subtraction of this count when votes are canvassed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-182.

§ 22-12-114. Certification of voting machines.

The judges shall certify that keys are delivered, that numbers on registering counters and seals correspond with those on key envelopes, that counters are set at zero (00000) or counts certified, that ballots are proper and that the machines are ready for voting.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-183; 2014, ch. 108, § 1.

The 2014 amendment, substituted “ballots” for “ballot labels.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§ 22-12-115. Examination of ballot box.

Before the polls are open, the judges of election shall open and examine the ballot box to determine that it is empty and relock it. The ballot box shall not again be opened until the polls are closed, except when necessitated by operation of the voting equipment at the direction of the county clerk and only in the presence of two (2) or more election judges with different political party affiliations. It shall not be removed from the presence of the judges of election or counting board until all ballots are counted and recorded.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-184; 2008, ch. 115, § 1.

The 2008 amendment, added “except when necessitated by operation of the voting equipment at the direction of the county clerk and only in the presence of two (2) or more election judges with different political party affiliations” in the second sentence.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Chapter 13 Polling Place Regulations During Voting Hours

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 298 to 304.

29 C.J.S. Elections §§ 308 to 320.

§ 22-13-101. Poll hours; opening proclamation.

Polls shall be open at seven (7:00) a.m. and close at seven (7:00) p.m., local time. A judge of election shall proclaim aloud at seven (7:00) a.m. at the polls that the polls are open.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-185; Laws 1985, ch. 60, § 1.

Irregularity in keeping polls open. —

Where it was neither alleged nor proved for whom votes were cast, irregularity in keeping polls open until after 9 p.m., during which time 14 or more votes were cast, where polls should have closed at 7 p.m., as required by this section, did not furnish ground of contest unless it must be deemed to have materially affected result. Hamilton v. Marshall, 41 Wyo. 157, 282 P. 1058, 1929 Wyo. LEXIS 8 (Wyo. 1929).

§ 22-13-102. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Cross references. —

As to qualification of electors, see art. 6, §§ 1 to 10, Wyo. Const.

As to statutory qualifications, see § 22-3-102 .

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to who may vote.

§ 22-13-103. Preservation of order; privacy of voting booths and machines.

  1. Judges of election have the duty and authority to preserve order at the polls by any necessary and suitable means.
  2. To protect the privacy of the voter, voting booths and voting machines shall be kept clear of all persons except voters marking ballots and election officials discharging their duties.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-187; 2014, ch. 108, § 1; 2020, ch. 100, § 1.

The 2014 amendment, in (b), substituted “To protect the privacy of the voter” for “Except where physically impossible, a space of twenty (20) feet around.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2020 amendment, effective July 1, 2020, in (b) deleted “and challengers acting under legal authority” and made related changes.

§ 22-13-104. Procedure before elector permitted to vote.

  1. Before a qualified elector is permitted to vote an election judge shall record the applicable information as listed in W.S. 22-1-102(a)(xxiii) by his name on the poll list.
    1. through (v) Repealed by Laws 2005, ch. 110, § 2.
  2. Repealed by Laws 2005, ch. 110, § 2.
  3. Repealed by Laws 1991, ch. 243, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-188; Laws 1991, ch. 243, §§ 2, 5; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 18, § 2; 2005, ch. 110, §§ 1, 2; 2006, ch. 114, § 1.

Cross references. —

As to absentee voting generally, see §§ 22-9-101 to 22-9-125 .

The 2005 amendment, effective July 1, 2005, substituted “an election judge shall record the applicable information as listed in W.S. 22-1-202(a)(xxiii)” for “a judge of an election may enter the following notations”; repealed former (a)(i) through (a)(v), providing the specific notations to be entered on a poll list; and repealed former (b), providing that person who wishes to vote at an election whose name does not appear on the precinct list may vote as a challenged elector.

The 2006 amendment substituted “22-1-102(a)(xxiii)” for “22-1-202(a)(xxiii)”.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 22-13-105. Official marking of paper and absentee ballots.

Before delivering a paper ballot to an elector a judge of election or county clerk shall initial the ballot. No other identifying marks shall be made on an official ballot. An elector shall cast only one (1) ballot or set of ballots at each election. No ballot determined to be valid by the canvassing board shall be rejected solely due to an administrative error of not initialing the ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-189; 2011, ch. 38, § 1; 2013, ch. 28, § 1.

Cross references. —

As to absentee voting generally, see §§ 22-9-101 to 22-9-125 .

The 2011 amendment, effective July 1, 2011, rewrote the section, which read: “Before delivering a paper ballot to an elector or voting an absentee ballot in a voting machine precinct, a judge of election shall mark the ballot with the official ballot stamp on the back and near the top of the ballot. In the blank spaces in the stamped imprint the judge shall fill in the election district and precinct numbers, the name of the county, the date, and the initials of the judge. No other identifying marks shall be made on an official ballot. An elector shall cast only one (1) ballot or set of ballots at each election.”

The 2013 amendment, effective July 1, 2013, added the last sentence.

§ 22-13-106. Marking and depositing of paper ballots.

Upon receiving a paper ballot, an elector shall proceed alone directly to a voting booth and there mark the ballot. The ballot shall then immediately be placed in the ballot box by the elector or judge of election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-190; 2008, ch. 115, § 1.

The 2008 amendment, deleted the former second sentence which read: “After being marked, the paper ballots shall be folded with the face concealed and the official endorsement visible.”

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

§ 22-13-107. Spoiled ballots.

An elector spoiling a paper ballot by mistake or accident may receive another ballot by returning the rejected ballot to a judge of election. Spoiled ballots shall immediately be cancelled by a judge of election and delivered with the returns to the county clerk or official conducting the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-191; 2011, ch. 38, § 1.

Cross references. —

For another provision concerning spoiled ballots, see § 22-11-105 .

The 2011 amendment, effective July 1, 2011, deleted “not more than twice” at the end of the first sentence.

§ 22-13-108. [Repealed.]

Repealed by Laws 2008, ch. 115, § 2.

Editor's notes. —

This section, which was derived from Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-192; Laws 1991, ch. 243, § 2, related to voter slips.

§ 22-13-109. Instruction in use of voting machine.

Before entering the voting booth, an elector desiring instruction on the use of the machine may summon two (2) judges of different political parties. The judges shall instruct on use of the machine but may not attempt to influence the vote. They may not remain in the booth after the elector has entered. A voting machine or other device may be used in the polling place solely for instruction purposes.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-193; 1998, ch. 100, § 2.

§ 22-13-110. Entering write-in votes.

Write-in votes may be entered on a voting machine in the manner indicated by instructions posted on the voting booth or indicated on the voting machine.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-194; 2014, ch. 108, § 1.

The 2014 amendment, added “or indicated on the voting machine” at the end.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

Statutory requirement for marking cross after name of write-in candidate is mandatory, if and when the statutory requirement of instructing the voter to that effect has been complied with. Fisher v. Clissold, 398 P.2d 553, 1965 Wyo. LEXIS 118 (Wyo. 1965).

And such instruction must be followed if given. —

The supreme court does not say it is unnecessary for a voter to make a mark after a name he has written in, in order for his vote to count, if a voting instruction to that effect has been given in accordance with this section. Fisher v. Clissold, 398 P.2d 553, 1965 Wyo. LEXIS 118 (Wyo. 1965).

But voter following instruction to write in name should not be disfranchised. —

A voter should not be disfranchised and his obvious intent ignored, where he has followed the instruction given by writing the name of the candidate for whom he wants to vote. Fisher v. Clissold, 398 P.2d 553, 1965 Wyo. LEXIS 118 (Wyo. 1965).

Am. Jur. 2d, ALR and C.J.S. references. —

Elections: validity of state or local legislative ban on write-in votes, 69 ALR4th 948.

§ 22-13-111. [Repealed.]

Repealed by Laws 2008, ch. 115, § 2.

Editor's notes. —

This section, which was derived from Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-195; Laws 1991, ch. 243, § 2, related to procedure after elector votes on machine.

§ 22-13-112. Voting machine malfunction.

Voting machines failing to function during voting hours shall be immediately repaired or replaced, as determined by the county clerk or other authority conducting the election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-196.

§ 22-13-113. Persons permitted in voting booth; time limit.

  1. Not more than one (1) person may occupy a voting booth at any time, except that any elector who requires assistance to vote because of blindness, disability or inability to read or write may be given assistance by a person of the elector’s choice, other than the elector’s employer or an agent of that employer or an officer or agent of the elector’s union.
  2. A person may remain in the booth for not more than ten (10) minutes.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-197; Laws 1985, ch. 48, § 1; 2002 Sp. Sess., ch. 18, § 2.

§ 22-13-114. Papers to assist marking permitted.

An elector may use a written or printed paper to assist in marking his ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-198.

§ 22-13-115. [Repealed.]

Repealed by Laws 1990, ch. 42, §§ 1, 2; 1991, ch. 243, § 5.

Cross references. —

As to absentee voting generally, see §§ 22-9-101 to 22-9-125 .

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to absentee ballots in paper ballot elections.

§ 22-13-116. [Repealed.]

Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-200; Repealed by Laws 2009, ch. 36, § 2.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to judges not leaving polls.

Laws 2009, ch. 36, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become a law as provided by Art. 4, § 8, Wyo. Const. Approved February 25, 2009.

§ 22-13-117. Announcement that polls will close; electors allowed to vote; proclamation of closing.

At 6:30 p.m. the judges of election shall announce that the polls will close in thirty (30) minutes. Electors present and waiting to vote at 7:00 p.m. shall be permitted to enter the polls and vote. No other elector shall be admitted to vote after 7:00 p.m. After all ballots are cast, the polls shall be declared closed by a judge of election making an official proclamation of closing.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-201.

§ 22-13-118. Judges work schedule.

At the discretion of the county clerk, election judges may be allowed to work at the polling place on election day for a period of time less than the total amount of time the polls are open provided the polling place has a sufficient number of election judges on duty at all times to comply with the requirements of this title. An election judge shall not leave his polling place during his work shift.

History. Laws 2009, ch. 36, § 1; 2015, ch. 138, § 1.

The 2015 amendment, substituted “polling place” for “polling premise” and “polling station place.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Effective dates. —

Laws 2009, ch. 36, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2009.

Chapter 14 Polling Place Regulations After Polls Close

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 299 to 302.

29 C.J.S. Elections § 317.

§ 22-14-101. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, defined “Precinct official.”

§ 22-14-102. Who may be present after polls close; making pollbooks agree; counting votes.

[Effective until January 1, 2020] After all the votes are cast and the polls are officially declared closed, only election judges shall be permitted in a polling place. When all ballots are cast, the machine shall be locked against further voting and sealed as prescribed by law. Election judges shall commence to count votes and shall continue without adjournment until counting is completed.

[Effective January 1, 2020] After all the votes are cast and the polls are officially declared closed, only election judges shall be permitted in a polling place. When all ballots are cast, the machine shall be locked against further voting and sealed as prescribed by law. Except as otherwise provided by W.S. 22-14-114(b), election judges shall commence to count votes and shall continue without adjournment until counting is completed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-203; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2015, ch. 138, § 1; 2019, ch. 159, § 1.

The 2015 amendment, deleted the former third sentence; and in the last sentence, deleted “When the pollbooks agree” at the beginning, and made related changes.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2019 amendment, effective January 1, 2020, added "Except as otherwise provided by W.S. 22-14-114(b)" to the last sentence.

§ 22-14-103. Counting in paper ballot precincts; discrepancies.

Unless otherwise validated by a canvassing board pursuant to W.S. 22-13-105 , ballots not initialed by a judge of election or county clerk shall not be counted. If the number of ballots is not equal to the number of voters entered in the pollbook as having voted that ballot, the election judges shall attempt to determine the discrepancy. If the election judges cannot determine the discrepancy, the county clerk and, if necessary, the county canvassing board, shall resolve the discrepancy.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-204; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2011, ch. 38, § 1; 2015, ch. 76, § 1.

The 2011 amendment, effective July 1, 2011, deleted the former first sentence, which read: “Folded paper ballots and punch card ballots shall be counted as soon as the ballot box is opened,” deleted “marked with the official rubber stamp or not” following “Ballots not,” and substituted “or county clerk” for “or found so folded as to bear the appearance of having been voted by one (1) person.”

The 2015 amendment, effective July 1, 2015, added “Unless otherwise validated by a canvassing board pursuant to W.S. 22-13-105 ” at the beginning.

§ 22-14-104. Entry of paper ballot votes.

Paper ballots shall be opened by the counting board and every vote for a candidate or ballot proposition shall be entered on a list. A vote which is not clearly marked shall not be tallied for that office or question but votes clearly marked on the remainder of the ballot shall be tallied.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-205; 1998, ch. 100, § 2; 2002, Sp. Sess., ch. 18, § 2; 2013, ch. 31, § 1.

The 2013 amendment, effective July 1, 2013, added “shall be”, deleted “tally” in the first sentence, substituted the period at the end of the first sentence for “by a vertical mark, except that every fifth mark shall diagonally cross the preceding four (4). The counting board may determine the order of tallying candidates and ballot propositions.”, and deleted the last sentence “Ballots contained in separate ballot boxes shall be counted and tallied separately.”

§ 22-14-105. Vote tallying in voting machine polling places.

  1. In voting machine polling places, the judges of election shall cast all remaining absentee ballots on a voting machine in the manner prescribed by W.S. 22-9-121 and shall lock and seal the voting machines. They shall certify in writing that the machine was locked and sealed, stating the time, the number of voters voting on each machine as shown on the public counters, the number on the seal, and the number registered on the protective counter.
  2. Election judges shall then determine the number of votes cast on each voting machine used in the polling place by opening the machine or obtaining a photographic or mechanical printed return sheet from the machine.
  3. After the voting machine is opened or the printed return sheet obtained, an election judge or counting board member shall read and clearly announce the designating number or letter on each counter for each candidate or ballot proposition and the results shown by the counter numbers. The vote shall be verified by another election judge or counting board member.
  4. In machine polling places, write-in votes shall be counted and the results tallied by the election judges or counting board after the regular ballots are counted.
  5. After the vote has been tallied from a voting machine and before the official count is certified, the judges of election shall subtract any vote recorded on a machine when the machine was inspected prior to opening the polls.
  6. [Effective until January 1, 2020] This section does not vitiate the provisions of W.S. 22-9-125 permitting an alternate procedure for counting absentee ballots.
  7. [Effective  January 1, 2020] This section does not vitiate the provisions of W.S. 22-9-125 permitting an alternate procedure for counting absentee ballots or the provisions of W.S. 22-14-114(b) permitting the counting of ballots at a central counting center.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-206; Laws 1990, ch. 42, § 1; 1998, ch. 100, § 2; 2015, ch. 138, § 1; 2019, ch. 159, § 1.

The 2015 amendment, substituted “polling place” for “precinct” and made similar changes in (a), (b) and (d).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2019 amendment, effective January 1, 2020, in (f), added "or the provisions of W.S. 22-14-114(b) permitting the counting of ballots at a central counting center" at the end.

§ 22-14-106. Certifying information in pollbooks; form. [Repealed]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-207; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; Laws 2002, Sp. Sess., ch. 18, § 2; Repealed by Laws 2015, ch. 138, § 2.

§ 22-14-107. Tabulation of count.

The unofficial tabulation indicating the vote by precinct shall immediately be transmitted by the county clerk to the secretary of state. These unofficial tabulations shall be tabulated by the secretary of the state. The secretary of state shall provide procedures for such transmittal through rule and regulation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-208; Laws 1991, ch. 243, § 2; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, added the last sentence.

§§ 22-14-108 and 22-14-109. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, related to printout sheets and release of unofficial results.

§ 22-14-110. Sealing paper ballots and voting machine records.

[Effective until January 1, 2020] Paper ballots shall be sealed by the election judges in an envelope after being counted and tallied. One (1) copy of each voting machine record shall be sealed in a separate envelope showing the district, precinct and machine number and endorsed by the election judges. These envelopes shall then be sealed in a single large container. The district and precinct number shall be written on each container.

[Effective January 1, 2020] Paper ballots shall be sealed by the election judges in an envelope after being counted and tallied, unless the ballots are being counted at a central counting center as authorized by W.S. 22-14-114(b). One (1) copy of each voting machine record shall be sealed in a separate envelope showing the district, precinct and machine number and endorsed by the election judges. These envelopes shall then be sealed in a single large container. The district and precinct number shall be written on each container.

History. Laws 1973, ch. 251,§ 1; W.S. 1957, § 22.1-211; Laws 1979, ch. 133,§ 2; 1998, ch. 100, § 2; 2019, ch. 159, § 1.

The 2019 amendment, effective January 1, 2020, added "unless the ballots are being counted at a central counting center as authorized by W.S. 22-14-114(b)" at the end of the first sentence.

§ 22-14-111. Returning records and returns to clerk.

  1. [Effective until January 1, 2020] As soon as possible after the tabulation of votes is complete, election judges shall return by messenger to the clerk who prepared the ballots for the election the following records and returns in a sealed packet:
  2. [Effective January 1, 2020] Unless the votes are being counted at a central counting center as authorized by W.S. 22-14-114(b), election judges shall, as soon as possible after the tabulation of votes is complete, return by messenger to the clerk who prepared the ballots for the election the following records and returns in a sealed packet:
    1. One (1) sealed copy from each electronic voting system printer pack;
    2. All ballots cast, including provisional ballots;
    3. Spoiled or rejected ballots;
    4. Ballots not cast;
    5. Repealed by Laws 2002, Sp. Sess., ch. 18, § 3.
    6. Affidavits, registration application forms and oaths where required;
    7. Tally sheets;
    8. Oaths of judges of election;
    9. Reconciliation of ballots;
    10. Tally sheet if ballots are hand counted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-212; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 18, §§ 2, 3; 2015, ch. 138, § 1; 2019, ch. 159, § 1.

The 2015 amendment, in (a)(i), substituted “One (1) sealed copy” for “One (1) copy of the sealed pollbook with one (1) sealed copy”; and added (a)(viii) through (a)(x).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2019 amendment, effective January 1, 2020, in (a), added "Unless the votes are being counted at a central counting center as authorized by W.S. 22-14-114(b), election judges shall" and deleted "election judges shall" preceding "return by messenger."

Cross references. —

For form of oath of challenged voters, see § 22-15-105 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-14-112. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to preserving ballots.

§ 22-14-113. Return of voting machine keys and supplies.

  1. Keys to voting machines shall be returned to the county clerk in an envelope sealed and signed by an election judge and endorsed by an election judge of a different political party affiliation. On this envelope shall be recorded the number of the seal with which the machine was closed.
  2. All voting supplies, ballot boxes and voting machines shall be returned to the county clerk as soon as possible after the vote has been returned.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-214; 1998, ch. 100, § 2.

§ 22-14-114. Counting of ballots.

  1. For ballots designed to be counted by machine, each individual vote shall be determined by the voting equipment and shall not be determined subjectively by human tabulation except when the intent of the voter is unmistakable but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine. The secretary of state may promulgate rules establishing standards for counting such ballots. For ballots not designed to be counted by machine, only votes clearly marked, as provided by W.S. 22-14-104 and rules promulgated pursuant to this code, shall be tallied. For write-in votes, names which are misspelled or abbreviated or the use of nicknames of candidates shall be counted for the candidate if the vote is obvious to the board.
  2. At the request of a county clerk, ballots may be received from a polling place and counted at a central counting center in accordance with rules promulgated by the secretary of state pursuant to W.S. 22-2-121(g).

History. Laws 2002, Sp. Sess., ch. 18, § 1; 2004, ch. 94, § 2; 2019, ch. 159, § 1.

The 2004 amendment added the exception at the end of the first sentence and added the second sentence.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2019 amendment, effective January 1, 2020, designated former undesignated paragraph as present (a); and added (b).

Chapter 15 Challenging

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 381 to 443.

29 C.J.S. Elections §§ 401 to 539.

§ 22-15-101. Right to vote may be challenged.

Registration is evidence of a person’s right to vote at any election, but this right may be challenged at the polls in the manner prescribed by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-215.

When person offering to vote at an election is challenged, he is required to take the prescribed oath that he is a qualified voter and also to deliver to the judges of election an affidavit of two qualified electors of that precinct stating that the person offering to vote is qualified. Pratley v. State, 17 Wyo. 371, 99 P. 1116, 1909 Wyo. LEXIS 7 (Wyo. 1909).

§§ 22-15-102 and 22-15-103. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, provided for the certification of qualified challengers and restrictions on challengers.

§ 22-15-104. Grounds for challenge. [Effective until July 1, 2021]

  1. A person offering to vote may be challenged for the following reasons:
    1. Not a qualified elector;
    2. Not entitled to vote in the precinct;
    3. Name does not appear on poll list and the person cannot meet the requirements to register at the polls;
    4. Not the person he represents himself to be;
    5. Has already voted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-218; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, in (a)(iii), substituted “poll list and the person cannot meet the requirements to register at the polls” for “registry of electors.”

The 2021 amendment, effective July 1, 2021, added (a)(vi).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-15-104. Grounds for challenge. [Effective July 1, 2021]

  1. A person offering to vote may be challenged for the following reasons:
    1. Not a qualified elector;
    2. Not entitled to vote in the precinct;
    3. Name does not appear on poll list and the person cannot meet the requirements to register at the polls;
    4. Not the person he represents himself to be;
    5. Has already voted;
    6. For in person voting, failure to present acceptable identification immediately before voting at the polling place or absentee polling place.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-218; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2021, ch. 114, § 1.

§ 22-15-105. Challenged person may vote; generally.

  1. If a person offering to vote is challenged, and the challenge is not resolved in accordance with W.S. 22-15-106 , an election judge shall offer the voter a ballot clearly marked “provisional” and which cannot be automatically tabulated.
  2. A person challenged on any ground may vote by provisional ballot, if he subscribes this oath in writing before a judge of election:

    “I do solemnly swear (or affirm) that I am the person I represent myself to be and that I am a qualified elector entitled to vote in this precinct at this election and that this is the only ballot I have or will vote in this election.”.

    Signature of voter Signature of judge Precinct and District No.

    Click to view

  3. The oath required by this section shall be printed on the provisional ballot envelope.
  4. A challenged voter may present information and documentation of his eligibility to register at the election or to vote to the county clerk until the close of business on the day following the election. Any information presented shall be considered by the canvassing board in determining the voter’s eligibility to register at the election or to vote and whether to open and count his provisional ballot. The provisional ballot shall be counted only after the voter has, by presenting documentation required under this code to the county clerk, established he had previously registered and is a qualified elector or he was eligible to register at the election and is a qualified elector.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-219; Laws 2002, Sp. Sess., ch. 18, § 2; 2004, ch. 94, § 2.

The 2004 amendment, in (b), deleted “except not being registered to vote” following “A person challenged on any ground”; and rewrote (d) to allow a challenged voter to have a provisional ballot counted only after presenting documentation of his eligibility to register.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

§ 22-15-106. Where name not on poll list.

A person challenged on the ground that his name does not appear on the poll list may vote if a judge of election obtains verification from the county clerk that the person is entitled to vote in that election within that county.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-220; Laws 1991, ch. 243, § 2; 2002, Sp. Sess., ch. 18, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, substituted “poll list” for “registry list.”

§ 22-15-107. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 18, § 3.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to pollbook requirements for challenged voters.

§ 22-15-108. Duty of judges to challenge.

It is the duty of the judges to challenge electors whenever existence of legal grounds for doing so is known or apparent to the judges.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-222.

§ 22-15-109. Poll watchers; certification; qualification; authority; removal.

  1. The county chairman of each political party may certify poll watchers prior to the day of the election to serve in each polling place. Not more than one (1) poll watcher from each political party may serve simultaneously unless the chief judge determines that one (1) additional poll watcher from each political party may be accommodated in the polling place without disrupting the polling process.
  2. A poll watcher shall belong to the political party he represents and shall be a registered elector residing in the county. A poll watcher shall serve only at the polling place designated on the certificate. A poll watcher is authorized to observe voter turn out and registration and may make written memoranda but shall not challenge voters, conduct electioneering activities or disrupt the polling process.
  3. The chief judge may remove a poll watcher from the polling place for disturbing the polling place, or for any other violation of the Election Code.

History. Laws 1998, ch. 100, § 1; 2015, ch. 138, § 1.

The 2015 amendment, substituted “polling place” for “precinct” in the first sentence in (a) and (b); and substituted “polling place” for “polling premises” in the second sentence in (a) and in (c).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Chapter 16 Canvass and Recount

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 370 to 404.

29 C.J.S. Elections §§ 119, 228, 235 to 239.

§ 22-16-101. County canvassing board; compensation.

The county canvassing board is the county clerk and two (2) electors of different political parties resident in the county appointed by the county clerk. The two (2) electors shall receive the same compensation as election judges. All canvassing board members shall take an oath of office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-223; 2011, ch. 38, § 1; 2013, ch. 31, § 1.

Cross references. —

As to compensation of election judges, see § 22-8-116 .

The 2011 amendment, effective July 1, 2011, substituted “county clerk” for “board of county commissioners” at the end of the first sentence.

The 2013 amendment, effective July 1, 2013, added the last sentence.

Am. Jur. 2d, ALR and C.J.S. references. —

Injunction against canvassing of votes and declaring result of election, 1 ALR2d 588.

§ 22-16-102. Abstract of vote; returns not filed.

  1. The county clerk shall prepare an abstract of the vote of all precincts in the county following a county primary, special or general election. The abstract shall contain all items required in W.S. 22-16-103(c)(viii).
  2. The county clerk shall send a messenger to obtain returns not filed in his office within a reasonable length of time.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-224; Laws 1975, ch. 185, § 2; 2015, ch. 138, § 1.

The 2015 amendment, added the second sentence in (a).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Authority in making abstracts of votes. —

In making abstracts of votes shown by precinct returns, canvassing board held not authorized to examine and recount the ballots or to go behind the entry made in the pollbooks showing the result of the count by the judges and clerks, or to examine and pass on the sufficiency of the affidavits of challenged or unregistered voters or those of voters in precincts where prior registration is not required or to do more than determine the genuineness of the returns. Pratley v. State, 17 Wyo. 371, 99 P. 1116, 1909 Wyo. LEXIS 7 (Wyo. 1909).

No control by mandamus. —

Where return of vote of certain county, sent by the clerk thereof to state canvassing board, contained two abstracts of votes cast in such counties for members of the house of representatives, one made by the clerk, and the other by two justices of the peace whom he called to his assistance in canvassing the vote, the clerk's certificate to the return stating “that the foregoing is a full, true and correct copy of the abstract of the returns of all votes cast in said county for members of the state legislature,” the decision by such board as to which abstract was the official and legal return was not exercise of a judicial discretion, which the supreme court cannot control by mandamus. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

§ 22-16-103. County canvass procedures.

  1. Prior to the county canvass, the county clerk shall:
    1. Examine the poll books, tally sheets, precinct certifications and oaths of election officials;
    2. Summarize the number of votes cast in each precinct for every candidate appearing on the ballot and the total votes cast for write-in candidates, and upon each ballot proposition;
    3. Count write-in votes by candidate if the total vote for write-in candidates may affect the result of an election. For offices elected from districts involving more than one (1) county, the secretary of state shall direct the county clerks to count write-in votes by candidate if on the basis of unofficial returns it appears the total write-in votes may affect the result of an election.
  2. Repealed by Laws 2002, ch. 18, § 3.
  3. The county canvassing board shall:
    1. Meet as soon as all returns have been received and abstracted, but if any provisional ballots have been cast in the county, not before the time has passed for provisional voters to document their eligibility to register or to vote. The board shall meet at a time and place designated by the county clerk, but no later than the first Friday following the election;
    2. Perform or review a reconciliation of the ballots by precinct;
    3. Review and determine the eligibility of provisional voters to register at the election if not previously registered and to vote and determine whether their provisional ballots may be opened and counted. The canvassing board shall meet in executive session when necessary to protect the confidentiality of ballots and of a voter’s confidential personally identifiable information;
    4. Count and tabulate the votes on the provisional ballots which were determined to have been cast by qualified electors;
    5. Review and certify the abstracts after the validity of provisional ballots have been determined and discrepancies and ties have been resolved;
    6. Review and certify successful write-in candidates after determination of the number of votes for candidates and verification of candidate qualification;
    7. Cause minutes of the meeting to be taken, signed by the canvassing board and filed with the county clerk;
    8. Ensure abstracts contain the following information:
      1. For primary elections, the total ballots cast by party, including unaffiliated votes;
      2. The number of electors voting in person and by absentee ballot by precinct at the election;
      3. The full name of each of the following receiving votes:
        1. Candidates printed on the ballot;
        2. Write-in candidates, if the candidate  received a sufficient number of votes; and
        3. Nominated or elected write-in candidates.
      4. The offices receiving votes;
      5. The number of votes cast for each of the following receiving votes:
        1. Candidates printed on the ballot;
        2. Write-in candidates, if the candidate  received a sufficient number of votes;
        3. Nominated or elected write-in candidates;
        4. The number of overvotes; and
        5. The number of undervotes.
      6. The official designation or number of each ballot proposition and the number of votes for and against it stated in figures; and
      7. The number of provisional ballots cast.
  4. The precinct returns of the municipal primary election shall be canvassed by the county canvassing board, which shall certify the results of such in writing to the county clerk and municipal clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-225; Laws 1991, ch. 243, § 2; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2001, ch. 116, § 1; 2002 Sp. Sess., ch. 18, §§ 2, 3; 2004, ch. 94, § 2; 2008, ch. 115, § 1; 2010, ch. 3, § 2; 2015, ch. 138, § 1; 2018, ch. 118, § 1.

The 2004 amendment, rewrote (c)(i), (iii), and (iv), pertaining to the procedure for determining the elgibility and validity of provisional ballots.

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2008 amendment, substituted “taken” for “recorded” in (c)(vi).

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2010 amendment, effective July 1, 2010, added (c)(vi) and redesignated former (c)(vi) as (c)(vii).

The 2015 amendment, added (c)(viii).

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2018 amendment, in (c)(viii)(C)(II) and (c)(viii)(E)(II), substituted “Write-in candidates, if the candidate received a sufficient number of votes” for “Valid write-in candidates.”

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

§ 22-16-104. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 18, § 3.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to a meeting of the county canvassing board.

§ 22-16-105. Tie votes.

A tie vote shall be decided at an open meeting by lots cast by the county canvassing board or other authority holding the election, except in elections for members of the state legislature, which shall be determined as provided in W.S. 22-16-119 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-227; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

§ 22-16-106. Write-in candidates.

  1. Each write-in candidate nominated at a primary election, who has not previously filed an application for nomination shall accept nomination by filing an application for nomination and paying the filing fee in the office in which he would have been required to file an application for nomination to that office.
  2. The chief election officer shall notify a write-in candidate who has been nominated at a primary election within forty-eight (48) hours after the canvassing board meets. Notification may be delivered by United States postal service or other generally accepted mail delivery method to the last known address of the write-in candidate, email or other electronic means that provide actual notice to the write-in candidate, or service as provided under the Wyoming Rules of Civil Procedure. Each notification provided under this section shall inform the write-in candidate that failure to timely respond will result in forfeiture of nomination. Failure of the successful write-in candidate to accept the nomination in the manner prescribed in subsection (a) of this section within five (5) days after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure, as computed pursuant to W.S. 22-2-110 , results in the successful write-in candidate not appearing on the general election ballot, but does not result in a vacancy which can be filled.
  3. Any person may request to have the votes cast for any write-in candidate, whose votes did not affect the election, counted by filing a request together with an administrative fee, set by rule and regulation, with the appropriate election officers not later than two (2) days after the election in which the write-in votes occurred.
  4. A write-in candidate elected to public office at a general or special election may decline election before taking the oath of office by filing written notice with the county clerk where the candidate resides and the secretary of state. Notice provided under this subsection shall immediately create a vacancy in the office which shall be filled in the manner prescribed in W.S. 22-18-101 through 22-18-112 .

History. Laws 1998, ch. 100, § 1; 2001, ch. 116, § 1; 2002 Sp. Sess., ch. 18, § 2; 2008, ch. 115, § 1; 2011, ch. 38, § 1; 2015, ch. 76, § 1; 2018, ch. 118, § 1; 2020, ch. 100, § 1.

The 2008 amendment, in (b), substituted “provided” for “accepted” in the first sentence, added “as computed pursuant to W.S. 22-2-110 ” in the last sentence.

Laws 2008, ch. 115, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2011 amendment, effective July 1, 2011, in (a), deleted “or elected” following “nominated”; in (b), substituted “a write-in candidate who has” for “write-in candidates who have” in the first sentence, and inserted the present third sentence; and in (c), inserted “together with an administrative fee, set by rule and regulation.”

The 2015 amendment, effective July 1, 2015, in the last sentence, inserted “after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure,” and deleted “of proof of service or attempted delivery” preceding “results in.”

The 2018 amendment, in (a), substituted “for nomination shall accept nomination” for “accepts” following “filed an application” and inserted “nomination to” preceding “that office”; in (b), in the first sentence, substituted “nominated at a primary election” for “for election,” and in the third sentence inserted “in the manner prescribed in subsection (a) of this section”; and added (d).

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

The 2020 amendment, effective July 1, 2020, in (b) substituted “may be delivered” for “may be made,” “or other generally accepted mail delivery method to” for “any generally accepted business document delivery method evidenced by receipt of delivery or attempted delivery at,” and “write-in candidate, email or other electronic means that provide actual notice to the write-in candidate, or service” for “write-in candidate or service.”

Editor's notes. —

Laws 1998, ch. 100, § 1, effective January 1, 1999, enacted a new § 22-16-106 , and § 3 renumbered former § 22-16-106 as § 22-16-107 .

§ 22-16-107. Certified results.

The certified results of the county canvass shall be posted in the office of the county clerk and copies made available to interested persons.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-228; W.S. 1977, § 22-16-106 ; 1998, ch. 100, § 4.

§ 22-16-108. Results furnished secretary of state.

Immediately upon completion of the county canvass, the county clerk shall notify the secretary of state of the election results. A copy of the county abstract, after being certified by the county canvassing boards, shall immediately be delivered by the county clerk to the secretary of state. The secretary of state shall provide procedures for such transmittal and notification through rule and regulation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-229; Laws 1975, ch. 185, § 2; 1991, ch. 243, § 2; W.S. 1977, § 22-16-107 ; 1998, ch. 100, § 3; 2007, ch. 39, § 1.

The 2007 amendment, effective July 1, 2007, added the third sentence.

§ 22-16-109. Recounts.

  1. The county canvassing board shall make a recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.
  2. There shall be a recount made of all the votes cast for any office in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than one percent (1%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office. This recount shall be made in the entire district in which the candidates are standing for election.
  3. There shall be a recount made of all the votes cast for any office if a losing candidate requests one under provision of W.S. 22-16-110 . This recount shall be made in the entire district in which the candidate is standing for election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-230; Laws 1975, ch. 185, § 2; 1996, ch. 93, § 1; W.S. 1977, § 22-16-108 ; 1998, ch. 100, § 3.

Integrity of ballots must be securely protected and proved.—

In order for the recount of the ballots to overcome the returns of the election officials the contestant must prove that the ballots are those voted at the election and that they are in the same condition as they were when cast. The integrity of the ballots must be securely protected. In an election contest, it must be proved that they were so preserved that there was no reasonable opportunity for tampering with them. Wilson v. Burridge, 346 P.2d 282, 1959 Wyo. LEXIS 51 (Wyo. 1959).

Same ballots and same number must be recounted. —

In order that a recount of votes may prevail over the count by the clerks and judges of the election, it must appear that the same ballots and the same number of ballots were counted in the recount as were cast in the election. Wilson v. Burridge, 346 P.2d 282, 1959 Wyo. LEXIS 51 (Wyo. 1959).

§ 22-16-110. How candidate may obtain recount; where affidavit filed.

  1. A candidate may obtain a recount of votes for the office he is seeking by making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district in which he is standing for election. The affidavit shall be filed in the same office the candidate filed his application for nomination:
    1. Not later than two (2) days after the county canvass has been completed if the office is certified by the county canvassing board;
    2. Not later than two (2) days after the state canvass has been completed if the office is certified by the state canvassing board.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-231; Laws 1975, ch. 185, § 2; 1992, ch. 1, § 5; W.S. 1977, § 22-16-109 ; 1998, ch. 100, § 4.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-16-111. Recount of ballot proposition.

  1. A recount of votes of a ballot proposition may be obtained in one (1) of the following manners:
    1. A recount will be made if the proposition receives a number of votes, greater or lesser, within one percent (1%) of the number of votes required for passage. The one percent (1%) variance shall be calculated based upon the total number of votes cast on the proposition, except for constitutional amendments in which case the variance shall be calculated based upon the total number of votes cast in the election;
    2. A recount will be made if requested in an affidavit signed by twenty-five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the secretary of state not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county. The affidavit shall be accompanied by a deposit of one hundred dollars ($100.00).
  2. The county in which the recount is taken shall pay the costs of the recount if the recount is required by subsection (a)(i) of this section; and the signers of the affidavit referred to in subsection (a)(ii) of this section shall be jointly and severally liable for the costs of the recount requested by them up to five hundred dollars ($500.00) per county recounted if the results of the election are not changed by the recount.
  3. The result of the recount shall be the official result of the election.

History. Laws 1975, ch. 185, § 1; W.S. 1957, § 22.1-231.1; Laws 1991, ch. 243, § 2; W.S. 1977, § 22-16-110 ; 1998, ch. 100, § 4.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-16-112. Precincts to be recounted; recount official result.

  1. The number of precincts to be recounted shall be as follows:
    1. If the recount is requested by a candidate, all precincts in which that candidate was voted upon for that office shall be recounted;
    2. If the recount is required by W.S. 22-16-109(b), all precincts in which that candidate was voted upon for that office shall be recounted;
    3. If the recount is initiated by the state or county canvassing board because of possible irregularities in the counting of votes in a precinct, the recount shall be made in the precincts designated by the canvassing board initiating the recount.
  2. If the recount indicates a different vote, the result of the recount shall be the official result.
  3. In no event shall a county clerk certify the recount results later than seventy-two (72) hours after the recount is requested.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-232; Laws 1975, ch. 185, § 2; 1992, ch. 1, § 5; W.S. 1977, § 22-16-111 ; 1998, ch. 100, § 3; 2002 Sp. Sess., ch. 18, § 2.

§ 22-16-113. Recount deposit; expense of recount.

  1. An affidavit requesting a recount must be accompanied by the following deposit:
    1. If the difference in number of votes cast as calculated pursuant to W.S. 22-16-109(b) is one percent (1%) or greater but less than five percent (5%), five hundred dollars ($500.00);
    2. If the difference in number of votes cast as calculated pursuant to W.S. 22-16-109(b) is five percent (5%) or greater, three thousand dollars ($3,000.00).
  2. If the recount shows sufficient error to change the result of the election, the county in which the recount is taken shall pay expenses of the recount and the deposit shall be returned. Otherwise the applicant or applicants seeking the recount shall be liable for the actual cost of conducting the recount up to a maximum of the amount deposited under subsection (a) of this section, per county recounted. Every county clerk shall issue a complete accounting of all costs of the recount to the candidate requesting the recount, and shall refund any surplus to the candidate.
  3. If the recount is initiated by the county canvassing board or required by W.S. 22-16-109(b), the cost of the recount shall be paid by the county in which the recount is taken regardless of the result of the recount.

History. Laws 1973, ch. 251,§ 1; W.S. 1957, § 22.1-233; Laws 1975, ch. 185,§ 2; W.S. 1977, § 22-16-112 ; 1998, ch. 100, § 3; 2017, ch. 77, § 1.

The 2017 amendment, effective July 1, 2017, redesignated the former paragraph as (a), (b), and (c); in (a), substituted “the following deposit” for “a deposit of one hundred dollars ($100.00)” and added (a)(i) and (a)(ii); and in (b), substituted “the amount deposited under subsection (a) of this section” for “five hundred dollars ($500.00)” in the second sentence.

§ 22-16-114. Certificates of election or nomination after recount.

When the time within which to request a recount has expired without one being requested, or when a recount has been completed, the county clerk shall immediately prepare and mail certificates of election or nomination to each candidate nominated or elected to a county or precinct office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-234; W.S. 1977, § 22-16-113 ; 1998, ch. 100, § 4; 2005, ch. 100, § 1.

The 2005 amendment, effective July 1, 2005, deleted the last sentence which read, “A candidate shall file his statement of campaign receipts and expenditures when required before receiving a certificate of election or nomination or a vacancy will be declared to exist.”

§ 22-16-115. State canvassing board.

The state canvassing board is the governor, secretary of state, state auditor and state treasurer.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-235; W.S. 1977, § 22-16-114 ; 1998, ch. 100, § 4.

Purpose. —

The object and legislative intent in establishing a state canvassing board is to have such board canvass the vote cast for state officers generally, whether specified in the act or not. In re Moore, 4 Wyo. 98, 31 P. 980, 1893 Wyo. LEXIS 3 (Wyo. 1893).

Canvass of state board is based on the abstracts of returns. State ex rel. Sammon v. Chatterton, 12 Wyo. 168, 73 P. 961, 1903 Wyo. LEXIS 30 (Wyo. 1903).

Certificate of election. —

The fact that certificate of election issued to a district judge on his election at a general election recited that he was elected for unexpired term of judge who had resigned cannot operate to shorten the term fixed by the constitution and laws of the state. State ex rel. Burdick v. Schnitger, 17 Wyo. 65, 96 P. 238, 1908 Wyo. LEXIS 7 (Wyo. 1908).

Conflicting abstracts of vote. —

Where the canvassing board transmitted to the state canvassing board two abstracts of the votes of the county, one made by the clerk and one made by two justices of the peace against the clerk's protests, both duly certified, the abstract of the two justices constituted the official and legal returns of such county, which had to be canvassed by the state board. State ex rel. Bennett v. Barber, 4 Wyo. 56, 32 P. 14, 1892 Wyo. LEXIS 27 (Wyo. 1892).

Cited in

Gorin v. Karpan, 775 F. Supp. 1430, 1991 U.S. Dist. LEXIS 14885 (D. Wyo. 1991).

§ 22-16-116. Statewide abstract; discrepancies with county abstracts.

From the unofficial tabulations delivered directly to his office, the secretary of state shall tabulate a statewide abstract by counties of votes for president and vice-president, state officers, justice of the supreme court, United States senator, representative in congress, district court judges, circuit court judges, members of the state legislature and the votes for and against ballot propositions voted on by electors of a district larger than a county. The unofficial tabulation shall then be reconciled to the official abstracts of the county canvassing boards and the secretary of state shall prepare the state abstract from the official county abstracts.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-236; Laws 1991, ch. 243, § 2; W.S. 1977, § 22-16-115 ; 1998, ch. 100, § 3; 2014, ch. 108, § 1.

The 2014 amendment , inserted “circuit court judges” in the first sentence.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-16-117. Content of state abstract.

The state abstract of an election shall indicate by county the number of ballots cast by each political party, if known, the total votes cast for each candidate, the names of all write-in candidates receiving a sufficient number of votes to affect the result of the election and the number of votes for each, and the number of votes received for and against each ballot proposition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-237; W.S. 1977, § 22-16-116 ; 1998, ch. 100, § 3.

§ 22-16-118. Meeting of state canvassing board.

The state canvassing board shall meet no later than the second Wednesday following the election. The secretary of state shall send a messenger to obtain official county abstracts not filed in a reasonable length of time. The canvassing board shall meet at the time and place set by the secretary of state. The board shall review the state abstracts prepared by the secretary of state, compare them with the tabulation and materials prepared by the secretary of state, resolve any tie votes, and certify the abstract as the official state canvass.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-238; Laws 1975, ch. 185, § 2; 1977, ch. 186, § 2; W.S. 1977, § 22-16-117 ; 1998, ch. 100, § 4.

Cited in

Gorin v. Karpan, 775 F. Supp. 1430, 1991 U.S. Dist. LEXIS 14885 (D. Wyo. 1991).

§ 22-16-119. Tie vote in state abstract.

A tie vote for an office contained in the state abstract shall be resolved at an open meeting by lots cast by the state canvassing board.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-239; Laws 1991, ch. 243, § 2; W.S. 1977, § 22-16-118 ; 1998, ch. 100, § 4.

§ 22-16-120. Filing of state abstract.

When the canvass by the state canvassing board is completed and certified, the secretary of state shall file the official state abstract in his office with the minutes of the state canvassing board meeting signed by the members of the state canvassing board. The secretary of state shall cause a copy of the official state canvass to be posted in the office of the secretary of state and shall make additional copies available to the public.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-240; W.S. 1977, § 22-16-119 ; 1998, ch. 100, § 3.

§ 22-16-121. Certificates of nomination and election following state or county canvass.

  1. When the state canvass is concluded, the secretary of state shall issue a certificate of nomination to each candidate nominated at a primary election and certify the names of nominees as provided in W.S. 22-6-101 . When the county canvass is concluded, the county clerk shall issue a certificate of nomination to each candidate nominated at a primary election or by petition.
  2. The governor shall issue a certificate of election to a candidate duly elected to an office to be filled by electors of the state, district court judges, circuit court judges and members of the state legislature. The county clerk shall issue a certificate of election to each candidate duly elected to a county or precinct office in the county and to members elected to boards of trustees of special districts, school or community college districts and city or town councils.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-241; Laws 1974, ch. 24, § 2; 1981, ch. 159, § 1; 1991, ch. 243, § 2; W.S. 1977, § 22-16-120 ; 1998, ch. 100, § 3; 2005, ch. 100, § 1; 2014, ch. 108, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2005 amendment, effective July 1, 2005, at the end of all sentences in (a) and (b), deleted “provided the candidate has complied with W.S. 22-25-106 .”

The 2014 amendment, in the first sentence of (b), inserted “circuit court judges”; in the last sentence of (b), substituted “special districts” for “hospital.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-16-122. Election declared null and void; special election.

  1. If a canvassing board is unable to determine which candidate has been elected or nominated, the canvassing board shall declare any part of the election results to be null and void as to that office and the county clerk shall call a special election to make a decision. For purposes of this section, a canvassing board shall be unable to determine which candidate is nominated or elected if:
    1. A material error in the conduct of the election has occurred; and
    2. The error involves a number of votes that is equal to or greater than the number of votes separating the winning and losing candidates.
  2. The canvassing board shall determine which precincts will be involved in the special election. If the candidates’ office is voted on across county lines, the canvassing board of all counties involved shall meet to determine the criteria for the special election.
  3. If only certain precincts are allowed to vote in the special election, the votes received in the special election shall be added to the unofficial results not declared null and void for that office from the initial primary, general election or other special election.
  4. In a contest involving multiple candidates, all of the candidates’ names shall be placed on the ballot in the special election.
  5. Any candidate may appeal the decision of the canvassing board to call or not to call a special election in the same manner as he would contest an election under this act. However, the appeal shall be filed in the district court no later than the first Monday following the meeting of the canvassing board where the decision being appealed was made.
  6. The special election shall be held if necessary no later than the third Tuesday after the primary, general or other special election and may be held by a special mail ballot election as provided in W.S. 22-16-123 . The special election shall be conducted by the county clerk as nearly as possible in the manner of a primary or general election, except only those registered in the precinct at the close of polls on the election day of the primary, general or other special election in question shall be permitted to vote in the special election. If the election is held as a special mail ballot election, the election shall be held as provided in W.S. 22-16-123 .
  7. Not more than fourteen (14) nor less than five (5) days before the special election the county clerk shall publish at least once in a newspaper of general circulation in the county a proclamation setting forth the date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the requirements for filing statements of campaign contributions and expenditures, and any other pertinent information.
  8. A court ordered election may be held by special mail ballot election as determined by the county clerk or by the secretary of state if the election involves more than one (1) county.

History. Laws 1975, ch. 185, § 1; W.S. 1957, § 22.1-241.1; Laws 1991, ch. 243, § 2; W.S. 1977, § 22-16-121 ; 1998, ch. 100, § 3; 2011, ch. 76, § 2; 2014, ch. 105, § 1; 2015, ch. 76, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

As to contesting elections generally, see §§ 22-17-101 to 22-17-114 .

The 2011 amendment, inserted “and may be held by a special mail ballot election as provided in W.S. 22-16-123 ” in (d) and (e); added the last sentence in (d) and (e); and added (f).

Laws 2011, ch. 76 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The 2014 amendment, in (a), inserted “any part of” and “results”; added present (b) and (c); redesignated former (b) through (f) as present (d) through (h); in present (d), substituted “all of the candidates' names shall be” for “no candidate who has clearly won or lost the contest shall be”; in present (e), added the last sentence; in present (f), inserted “general or other special” in the first sentence, deleted the second and third sentences which read: “ Any candidate may appeal the decision of the canvassing board in the same manner as he would contest an election under this act. However, this appeal shall be filed in the district court no later than the first Monday following the meeting of the canvassing board whose decision is being appealed,” in the fourth sentence, substituted “or general election, except only those registered in the precinct at the close of polls on the election day of the primary, general or other special election in question shall be permitted to vote in the special election” for “election, except that registration at the polls shall not be permitted”; in (f), deleted the first which read: “The special election shall be held if necessary on the third Tuesday after the general election and may be held by a special mail ballot election as provided in W.S. 22 16 123,” deleted the next-to-last and last sentences which read: “The special election shall be conducted by the county clerk as nearly as possible in the manner of a general election. If the election is held as a special mail ballot election, the election shall be held as provided in W.S. 22 16 123.”

Laws 2014, ch. 105, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, in (g), substituted “campaign contributions” for “campaign receipts.”

§ 22-16-123. Special mail ballot elections; procedures.

  1. A special mail ballot election, as provided in this section, may be held in response to a determination under W.S. 22-16-122(a).
  2. In a special mail ballot election, official ballots shall be prepared and all other pre-election procedures followed as otherwise provided by law or rules promulgated by the secretary of state, except that special mail ballot packets shall be prepared as follows:
    1. The election official shall mail to each qualified elector entitled to vote in the special mail ballot election as described in W.S. 22-16-122 (b) and (c), at the last address appearing in the registration records or to the address given on the absentee ballot application used for the primary, general or other special election ballot, a special mail ballot packet, which shall be marked “DO NOT FORWARD-ADDRESS CORRECTION REQUESTED,” or any other similar statement which is in accordance with United States postal service regulations. Packets shall be mailed not sooner than twenty-one (21) days and not later than fifteen (15) days before an election for elections held in accordance with W.S. 22-16-122 . Packets shall be mailed not sooner than forty-five (45) days and not later than forty (40) days before an election for elections held in accordance with W.S. 22-16-122(h) unless the court order provides otherwise;
    2. The ballot shall contain the following warning: WARNING The criminal laws regulating the conduct of elections contained in chapter 26 of the Wyoming Election Code of 1973, as amended, apply with equal force to elections by mail.
    3. Not sooner than twenty-one (21) days and before 7:00 p.m. on election day for elections held in accordance with W.S. 22-16-122, mail ballots shall be made available at the election official’s office for voters entitled to vote in the election but whose address has changed or who did not receive their ballot in the mail;
    4. A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, lost or for some other reason not received by the voter. In order to obtain a replacement ballot, the voter shall sign a sworn statement specifying the reason for requesting the replacement ballot. The statement shall be presented to the election official no later than 7:00 p.m. on election day. The election official shall keep a record of each replacement ballot issued in accordance with this paragraph. A replacement ballot may be transmitted directly to the applicant at the election official’s office or may be mailed to the voter at the address provided in the application. Replacement ballots may be cast no later than 7:00 p.m. on election day;
    5. Upon receipt of a ballot, the voter shall mark the ballot, sign and complete the return-verification envelope and comply with the instructions provided with the ballot. The voter may return the marked ballot to the election official by United States mail or by depositing the ballot at the office of the election official or the designated depository no later than 7:00 p.m. on election day;
    6. Once the ballot is returned, it shall not be returned to the voter. The election official shall first qualify the submitted ballot by examining the verification envelope and comparing the information on the envelope to the poll list to determine whether the ballot was submitted by a voter who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the official shall place a number next to the voter’s name in the poll book. The election official shall then open and separate the ballot from the envelope and place the ballot in a ballot box so as to keep the voter’s ballot private;
    7. All deposited ballots shall be counted as provided in this act and rules promulgated by the secretary of state. A special mail ballot shall be valid and counted only if is returned in the return-verification envelope, the affidavit on the envelope is signed by the voter to whom the ballot was issued and the information on the envelope is verified as provided in paragraph (vi) of this subsection. If the election official determines that a voter to whom a replacement ballot has been issued has voted more than once, the official shall only count the first ballot received from that voter;
    8. The election official shall provide a minimum of one (1) polling place on the day of election which may be the election official’s office and shall be open between the hours of 7:00 a.m. and 7:00 p.m.
  3. If any special mail ballot packet mailed under paragraph (b)(i) of this section to a physical address, not including a post office box, is returned by the postal service, the county clerk shall investigate the validity of the address. If the county clerk determines that the address is not at a location that a voter could inhabit, the county clerk shall remove the address from the registration records until the county clerk receives proof that the address is habitable by a voter.

History: Laws 2011, ch. 76, § 1; 2014, ch. 105, § 1; ch. 108, § 1.

The 2014 amendments. —

The first 2014 amendment, by ch. 105, § 1, in (b)(i), inserted “as described in W.S. 22-16-122 (b) and (c)” and “or to the address given on the absentee ballot application used for the primary, general or other special election ballot” in the first sentence, substituted “twenty-one (21)” for “twenty-five (25),” “W.S. 22-16-122 ” for “W.S. 22-16-122(d) or (e),” and “W.S. 22-16-122(h)” for “W.S. 22-16-122(f)” in the second sentence; in (b)(iii), substituted “twenty-one (21) days and before 7:00 p.m.” for “twenty-five (25 and not later than 4:00 p.m.,” W.S. 22-16-122” for “W.S. 22-16-122(f)” and deleted “and for voters allowed by law to register and vote the day of the election”; in (b)(iv), substituted “7:00 p.m.” for “4:00 p.m.” in the third sentence, and “7:00 p.m.” for “5:00 p.m.” in the fifth sentence; and in (b)(v), substituted “7:00 p.m.” for “5:00 p.m.” in the second sentence.

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The second 2014 amendment, by ch. 108, § 1, in the introductory language of (b)(ii), deleted “or ballot label” preceding “shall contain”; in the first sentence of (c), deleted “or the secretary of state if the election involves more than one (1) county” preceding “shall investigate”; in the last sentence of (c), deleted “or secretary of state” preceding “determines that,” and deleted “or secretary of state” preceding “receives proof.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Effective dates. —

Laws 2011, ch. 76, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24 2011.

Chapter 17 Contests

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 381 to 443.

Admissibility of parol evidence of election officials to impeach election returns, 46 ALR2d 1385.

State court jurisdiction over contest involving primary election for member of congress, 68 ALR2d 1320.

29 C.J.S. Elections §§ 401 to 539.

§ 22-17-101. Right to contest elections; exception; grounds.

  1. 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:
    1. Misconduct or material negligence of an election official which affected the result of the election;
    2. The person whose election is contested is not eligible to hold the office;
    3. The person whose election is contested offered to give a bribe to a voter or election official to procure his election;
    4. Illegal votes were counted or legal votes were not counted;
    5. The person whose election is contested violated the provisions of W. S. 22-26-101 through 22-26-121 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-242; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 35, § 2.

Cross references. —

For grounds to contest ballot proposition, see § 22-17-106 .

For grounds of contesting election of state legislator, see § 22-17-109 .

For provision that the legislature shall pass laws to secure purity of elections and guard against abuse of franchise, see art. 6, § 13, Wyo. Const.

For provision as to election contests, see art. 6, § 14, Wyo. Const.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Presumption in favor of validity of election. —

Every reasonable presumption will be indulged in favor of the validity of an election which has been held under the applicable statutory provision, and the one asserting that the election is irregular must bear the burden of showing that it is otherwise. Reitveld v. Northern Wyo. Community College Dist., 344 P.2d 986, 1959 Wyo. LEXIS 55 (Wyo. 1959).

And an election is not to be set aside for mere informalities or irregularities unless they are shown to have affected the result of the election. Reitveld v. Northern Wyo. Community College Dist., 344 P.2d 986, 1959 Wyo. LEXIS 55 (Wyo. 1959).

Purging illegal votes. —

Court may purge poll of illegal votes cast without fault of candidates by deducting them proportionately from both candidates according to vote for each. Hamilton v. Marshall, 41 Wyo. 157, 282 P. 1058, 1929 Wyo. LEXIS 8 (Wyo. 1929).

Voting after closing hour. —

Irregularity in keeping polls open after closing hour when votes were cast was insufficient ground of contest unless it materially affected result. Hamilton v. Marshall, 41 Wyo. 157, 282 P. 1058, 1929 Wyo. LEXIS 8 (Wyo. 1929).

Where it was alleged sufficient votes were cast after voting hours to change result, court in election contest must deduct them proportionately from vote for each candidate. Hamilton v. Marshall, 41 Wyo. 157, 282 P. 1058, 1929 Wyo. LEXIS 8 (Wyo. 1929).

Applied in

Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Quoted in

Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (2007).

§ 22-17-102. Commencement by verified petition; contents.

  1. Election contests for all primary election offices and all general election offices other than state legislators, United States president and vice-president and presidential elector, may be commenced by the contestant filing with the clerk of the district court of the county, within fourteen (14) days after the results of the election have been certified by the canvassing board, a verified petition setting forth specifically:
    1. The name of the contestant and that he is a registered elector in the county, district or precinct in which the office is to be exercised;
    2. The name of the person whose election is being contested;
    3. The office;
    4. The grounds for the contest.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-243; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 35, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-17-103. Summons; conduct of suit.

Summons shall be issued against the person whose election is being contested and upon the election official responsible for conducting the election. The suit shall be conducted as a civil action and shall be considered for an expedited docket.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-244; 1998, ch. 100, § 2.

Quoted in

Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (2007).

§ 22-17-104. Judgment for costs.

If the proceedings in an election contest are dismissed for insufficiency, or want of prosecution, or if the election is confirmed by the court, judgment shall be rendered for costs against the party contesting the election and in favor of the party whose election was contested. If the election is annulled and set aside for grounds stated in W.S. 22-17-101(a)(ii), (iii) or (v), judgment for costs shall be rendered against the party whose election was contested and in favor of the party contesting the election. If the election is annulled and set aside for the grounds stated in W.S. 22-17-101(a)(i) or (iv), judgment and costs shall be rendered against the county.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-245; 1998, ch. 100, § 2.

Annulment of winning candidate's election. —

Where a losing candidate in a town council election successfully challenged the election of the winning candidate who was not a registered voter when he filed his petition, resulting in the annulment of the winning candidate's election but not the voiding of the entire election, an award of costs from the winning candidate to the losing candidate was mandated. Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (Wyo. 2007).

§ 22-17-105. Ballot propositions contestable; nature of action.

A ballot proposition which may by law be submitted to a vote of the people of a county, city or town, district, or other political subdivision may be contested by a petition of five (5) registered electors of the county, city or town, district or other political subdivision filed in the district court of the county not later than fifteen (15) days after the results of the election have been certified by the canvassing board. A ballot proposition contest is a civil action.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-246.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Cited in

Snell v. Johnson County Sch. Dist. No. 1, 2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25 (2004).

Particular Contests. —

“Proposition” to be placed on the “ballot” under Wyo. Stat. Ann. § 18-3-501 (size of county commission) is in fact a “ballot proposition” under Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 . Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Lawsuit was an election contest governed by Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 because it asked the court to (1) declare null and void an election in which voters passed a proposition returning the size of the county commission to three and (2) direct the county clerk to hold an election based on a board composed of five members. The remedy sought would have defeated the public interest in the stability and finality of election results and could only result from a declaration that the special election was void, which was the very essence of an election contest. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Suit by three challengers to a ballot proposition that returned the size of the county commission to three was dismissed because the challengers failed to bring the contest within the time specified in Wyo. Stat. Ann. § 22-17-105 and through the five electors required. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

§ 22-17-106. Grounds for contesting ballot propositions.

  1. A ballot proposition may be contested for any of the following reasons:
    1. Misconduct or material negligence of an election official which affected the result of the election;
    2. The election result was influenced by a bribe;
    3. Illegal votes were counted or legal votes were not counted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-247.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Particular Contests. —

“Proposition” to be placed on the “ballot” under Wyo. Stat. Ann. § 18-3-501 (size of county commission) is in fact a “ballot proposition” under Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 . Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Lawsuit was an election contest governed by Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 because it asked the court to (1) declare null and void an election in which voters passed a proposition returning the size of the county commission to three and (2) direct the county clerk to hold an election based on a board composed of five members. The remedy sought would have defeated the public interest in the stability and finality of election results and could only result from a declaration that the special election was void, which was the very essence of an election contest. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Suit by three challengers to a ballot proposition that returned the size of the county commission to three was dismissed because the challengers failed to bring the contest within the time specified in Wyo. Stat. Ann. § 22-17-105 and through the five electors required. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Cited in

Snell v. Johnson County Sch. Dist. No. 1, 2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25 (2004).

§ 22-17-107. Defense of contested ballot proposition.

  1. A contested ballot proposition shall be defended by the following officers:
    1. Statewide proposition — attorney general;
    2. Countywide proposition — county attorney;
    3. Municipal proposition — municipal attorney;
    4. School or community college district or other special district proposition — the appropriate school board, community college board or special district governing body.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-248; 1998, ch. 100, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-17-108. Court judgment in contests.

A judgment of the court in an election contest shall confirm or annul the election or declare elected a qualified candidate receiving the highest number of legal votes, or declare the result of the election on each contested ballot proposition. The election of a candidate receiving the highest number of legal votes but disqualified for any other legal reason shall be declared null and void and a vacancy will be declared to exist. For offices to be filled by more than one (1) candidate, the election shall not be declared null and void but the qualified candidates receiving the highest number of legal votes shall be declared elected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-249.

Court errs in directing special election following election with unqualified candidate. —

The district court correctly ruled that a candidate, who had been convicted of a felony in another state and who had not had his rights restored in Wyoming, was unqualified to run for county commissioner. The fact that Wyoming might have treated the candidate's conviction as a misdemeanor had it occurred here, and that the candidate did not lose his civil rights in the state of conviction, did not alter this outcome. However, the court erred in issuing a writ of mandamus directing the holding of a special election, as a judgment annulling the election in which the unqualified candidate's name appeared on the ballot was the appropriate remedy. Mills v. Campbell County Canvassing Bd., 707 P.2d 747, 1985 Wyo. LEXIS 588 (Wyo. 1985).

Where a losing candidate in a town council election successfully challenged the election of the winning candidate who was not a registered voter when he filed his petition, the correct remedy was to not void the entire council election but rather to annul the election of the winning candidate and to declare elected the qualified candidate receiving the highest number of legal votes. Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (Wyo. 2007).

Quoted in

Rock v. Lankford, 2013 WY 61, 2013 Wyo. LEXIS 66 (May 17, 2013).

§ 22-17-109. Contesting election of state legislator; generally.

The election of a member of the state legislature may be contested by a registered elector of the legislator’s county or district, upon any of the grounds specified by law for the contest of the election of other elected officials. The state senate and house of representatives respectively shall hear and determine contests of the election of their members. Each house is authorized to provide its own rules for resolving contests of its members.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-250.

Cross references. —

For grounds to contest elections generally, see § 22-17-101 .

For provision that each house shall be judge of election returns and qualification of members, see art. 3, § 10, Wyo. Const.

§ 22-17-110. Contesting election of state legislator; commencement.

A contest of the election of a member of the state legislature shall be commenced within thirty (30) days after his election has been certified by the state canvassing board by serving him personally or at his mailing address with a notice of intent to contest setting forth the grounds for the contest. A copy of that notice must be filed by the contestant with the secretary of state within thirty (30) days after the contested member’s election has been certified by the state canvassing board.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-251; 1995, ch. 43, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-17-111. Contesting election of state legislator; taking of depositions.

In a contest of the election of a member of the state legislature, depositions may be taken by either party after service of the notice of intent to contest. Depositions shall be taken as in a civil action and the officer taking depositions has the power to compel the attendance of witnesses and the production of papers, objects, and other evidence, by subpoena.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-252.

Cross references. —

As to taking of depositions generally, see Rules 26 to 32, W.R.C.P.

§ 22-17-112. Contesting election of state legislator; handling of depositions by secretary of state; additional depositions.

  1. A copy of a notice to take a deposition with proof of service, and the deposition, shall be sealed and mailed to the secretary of state by the person requesting the deposition with an endorsement showing the names of the contesting parties, the legislative office contested, and the nature of the papers. The secretary of state shall then deliver each such sealed notice for deposition to the presiding officer of the branch of the legislature to which the contest relates on the first day of its session.
  2. Each house of the legislature may take additional depositions and subpoena and examine witnesses.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-253.

§ 22-17-113. Contesting election of state legislator; legislative determination final.

A determination by either house of the legislature of the result of an election contest affecting one (1) of its members is final and conclusive and is not subject to judicial review.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-254.

§ 22-17-114. Contesting election of president, vice-president or presidential elector.

The election of a United States president and vice-president candidate, or presidential elector, shall only be contested, presented to and tried before the Wyoming legislature under joint rules of the house of representatives and senate. Such a contest may be initiated by a Wyoming elector by filing notice with the legislature through the legislative service office no later than five (5) days after the election is certified by the state canvassing board. The contest shall only be brought on the grounds provided by W.S. 22-17-101(a)(i) or (iv). A determination of the contest by the legislature is final and conclusive and is not subject to judicial review.

History. Laws 2002, Sp. Sess., ch. 35, § 1.

Chapter 18 Vacancies

Cross references. —

For provision concerning filling of vacancies generally, see art. 3, § 51, Wyo. Const.

§ 22-18-101. When deemed to occur. [Effective until July 1, 2021]

  1. A vacancy shall occur in an elective office if during his term the incumbent either:
    1. Dies;
    2. Resigns;
    3. Is determined by a court having jurisdiction to be mentally incompetent;
    4. Is disqualified from holding office for any reason specified by law;
    5. Is convicted of a felony or constituting a breach of his oath of office;
    6. Refuses to take the oath of office or to give or renew an official bond if required by law; or
    7. Has his election voided by court decision.
  2. A vacancy exists in an elective office, if upon expiration of the term for which a person was elected a successor has not been elected and qualified.
  3. A vacancy exists in an elective office and shall be filled in the same manner as it is filled when a vacancy occurs after the term of office has begun if, after a person has been elected to an office at an election, but before the time for the taking of the oath for that office, the person:
    1. Dies; or
    2. Resigns. A person may resign an office before taking the oath for that office and before the term of office begins in the same manner that he may resign after taking the oath of office.
  4. If a person who has died is elected, a vacancy in office shall occur and the office shall be filled in the same manner as it is filled when a vacancy occurs after the term of office has begun.
  5. This section shall not apply to mayors and council members who are subject to the provisions of W.S. 15-1-107 .
  6. In addition to subsections (a) through (c) of this section, a vacancy shall occur in the office of a member of the state legislature when the person fails to reside in the legislative district from which he is elected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-255; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2003, ch. 94, § 1.

The 2021 amendment , effective July 1, 2021, added the (f)(i) designation; added (f)(ii); and made related changes.

Applicability. —

Laws 2021, ch. 165, § 2, provides: "The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act."

Acquiescence constituting vacancy. —

Where governor's appointment to public office was invalid because there was no vacancy, but the old officer acquiesced in governor's appointee occupying his office, the former abandoned and vacated office and new appointee stood in his shoes as hold-over incumbent. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Acceptance of resignation necessary. —

The common-law rule of requiring an acceptance of a resignation by proper authority before it can become effective so as to divest an incumbent of the public office has not been abrogated in this state. State ex rel. Raymond v. Jefferis, 26 Wyo. 115, 178 P. 909, 1919 Wyo. LEXIS 4 (Wyo. 1919).

Arbitrary declaration of vacancy cannot be made, and there must in fact be a vacancy before an appointment can be effective. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Evidence of appointment. —

Appointment by the governor of a person to the office of fish commissioner is such an official act as the law requires to be evidenced by a written instrument executed by him. State ex rel. Miller v. Barber, 4 Wyo. 409, 34 P. 1028, 1893 Wyo. LEXIS 22 (Wyo. 1893).

Death before commencement of term and approval of bond. —

After a person had been elected a justice of the peace and had filed his oath and bond but, before the commencement of the term for which he was elected and before his bond was approved, he died, the person already holding the office was the “incumbent” within the meaning of the section, and the death of the other did not create a vacancy. Ballantyne v. Bower, 17 Wyo. 356, 99 P. 869, 1909 Wyo. LEXIS 6 (Wyo. 1909).

Legislative intent that undersheriff act only while vacancyexists. —

Statute providing undersheriff becomes sheriff upon vacancy in office of sheriff is read in pari materia with sections giving county commissioners power of appointment upon vacancy, providing that every elective office becomes vacant upon death or resignation, and relating to sheriff's bonds, indicating legislative intent that undersheriff act as sheriff only while vacancy exists. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

No vacancy during military service. —

A district judge who during his term of office entered the service of the United States as a major in the judge advocate general's department, upon returning to and resuming office of district judge was a de jure and not a de facto judge, where he had not resigned and his office had not been declared vacant and no successor had qualified. State ex rel. Raymond v. Jefferis, 26 Wyo. 115, 178 P. 909, 1919 Wyo. LEXIS 4 (Wyo. 1919).

Where mode of filling office provided. —

A former statute provided for a state examiner, to be appointed by the governor with the consent of the senate, who shall hold office for four years, and till his successor is appointed and qualified, and the governor not having appointed, with the consent of the senate, a person to fill the office, at the next meeting of the legislature after a vacancy had been filled by the governor, no vacancy in the office arose, so as to bring into operation art. 4, § 7, Wyo. Const., authorizing the governor to fill a vacancy where no other mode of filling it is provided. State ex rel. Richardson v. Henderson, 4 Wyo. 535, 35 P. 517, 1894 Wyo. LEXIS 8 (Wyo. 1894).

§ 22-18-101. When deemed to occur. [Effective July 1, 2021]

  1. A vacancy shall occur in an elective office if during his term the incumbent either:
    1. Dies;
    2. Resigns;
    3. Is determined by a court having jurisdiction to be mentally incompetent;
    4. Is disqualified from holding office for any reason specified by law;
    5. Is convicted of a felony or constituting a breach of his oath of office;
    6. Refuses to take the oath of office or to give or renew an official bond if required by law; or
    7. Has his election voided by court decision.
  2. A vacancy exists in an elective office, if upon expiration of the term for which a person was elected a successor has not been elected and qualified.
  3. A vacancy exists in an elective office and shall be filled in the same manner as it is filled when a vacancy occurs after the term of office has begun if, after a person has been elected to an office at an election, but before the time for the taking of the oath for that office, the person:
    1. Dies; or
    2. Resigns. A person may resign an office before taking the oath for that office and before the term of office begins in the same manner that he may resign after taking the oath of office.
  4. If a person who has died is elected, a vacancy in office shall occur and the office shall be filled in the same manner as it is filled when a vacancy occurs after the term of office has begun.
  5. This section shall not apply to mayors and council members who are subject to the provisions of W.S. 15-1-107 .
  6. In addition to subsections (a) through (c) of this section, a vacancy shall occur:
    1. In the office of a member of the state legislature when the person fails to reside in the legislative district from which he is elected;
    2. In the office of a county assessor, county clerk, county commissioner, county sheriff or county treasurer when the person fails to reside in the county from which he is elected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-255; Laws 1974, ch. 24, § 2; 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2003, ch. 94, § 1; 2021, ch. 165, § 1.

§ 22-18-102. Determination of existence.

The officer or governmental body having the power to fill a vacancy in the office shall determine whether a vacancy exists in the office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-256.

§ 22-18-103. Filling vacancy of congressman; generally.

A vacancy in the office of representative in congress 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.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-257.

§ 22-18-104. Filling vacancy of congressman; procedure.

The governor shall call such special election by issuing a writ of election 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.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-258; Laws 1998, ch. 100, § 2.

§ 22-18-105. Filling vacancy of congressman; whether filled at general or special election.

If the vacancy in the office of representative in congress occurs within six (6) months prior to the next general election, the vacancy shall be filled at the general election. Otherwise the special election shall occur on the Tuesday following the eighty-ninth day after the vacancy occurs, unless that Tuesday falls on a full legal holiday in which case the election shall occur on the next Tuesday which is not a full legal holiday. The governor shall declare the vacancy and issue the writ of election within five (5) days after the vacancy occurs.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-259; 2013, ch. 28, § 1; 2015, ch. 8, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2013 amendment, effective July 1, 2013, substituted “fifty-five (55)” for “forty (40)” in the second sentence.

The 2015 amendment, substituted “on the Tuesday following the eighty-ninth day” for “not more than fifty-five (55) days” and added “unless that Tuesday falls on a full legal holiday in which case the election shall occur on the next Tuesday which is not a full legal holiday”.

Object and purpose of section. —

See In re Romer, 436 P.2d 956, 1968 Wyo. LEXIS 153 (Wyo. 1968).

§ 22-18-106. Filling vacancy of congressman; nominations by state central committees; independent candidates.

An elector qualified to hold the office of representative in congress shall be nominated by the state central committee of the respective parties to fill a vacancy for the unexpired term of that office. 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.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-260; Laws 1998, ch. 100, § 2; 2015, ch. 8, § 1.

The 2015 amendment, substituted “seven (7) days” for “fifteen (15) days” in two places.

Cross references. —

As to computing periods of time, see § 22-2-110 .

As to amount of fees, see § 22-5-208 .

§ 22-18-107. Filling vacancy of congressman; certification of candidates.

Within five (5) days after the end of the candidate filing period, 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 party affiliation or independent status.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-261; 2015, ch. 8, § 1.

The 2015 amendment, substituted “five (5) days” for “twenty (20) days”, “end of the candidate filing period” for “vacancy is declared,” and “independent status” for “the name of a group or organization sponsoring an independent candidate”

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-18-108. Filling vacancy of congressman; party requirements.

A candidate for the unexpired term of the office of representative in congress may seek election only as a candidate of the political party in which he was registered on the date the vacancy occurred. A candidate for the unexpired term of office of representative in congress who was not registered with a party on the date the vacancy occurred may run only as an independent.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-262; Laws 1998, ch. 100, § 2.

§ 22-18-109. 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. 22-18-107 . The candidate who receives a plurality of the votes at a special election shall be issued a certificate of election as provided by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-263; Laws 1974, ch. 24, § 2; 2015, ch. 8, § 1.

The 2015 amendment, added the second sentence.

§ 22-18-110. Supreme court justices and district court judges.

A vacancy in the office of justice of the supreme court or judge of any district court shall be filled by a qualified person appointed by the governor under section 4, of article 5 of the constitution of Wyoming.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-264.

§ 22-18-111. Vacancies in other offices; temporary appointments.

  1. Any vacancy in any other elective office in the state except representative in congress 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, 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. 22-5-209 , 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:
    1. If a vacancy  occurs in the office of United States senator or in any state office  other than the governor, member of the  state legislature, the office of justice of the supreme  court and the office of district court judge, the governor shall immediately  notify in writing the chairman of the state central committee of the  political party which the last incumbent represented at the time of  his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to  office. The chairman shall call a meeting of the state central committee  to be held not later than fifteen (15) days after he receives notice  of the vacancy. At the meeting the state central committee shall select  and transmit to the governor the names of three (3) persons qualified  to hold the office. Within five (5) days  after receiving these three (3) names, the governor shall fill the  vacancy by temporary appointment of one (1) of the three (3) to hold  the office. If the incumbent who has vacated office 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 in  writing the chairman of all state central committees of parties registered  with the secretary of state. The state central committees shall submit  to the governor, within fifteen (15) days after notice of the vacancy,  the name of one (1) person qualified to hold the  office. The governor shall also cause to be published  in a newspaper of general circulation in the state notice of the vacancy  in office. Persons qualified  to hold the office who do not belong to a party may,  within fifteen (15) days after publication of the vacancy in office,  submit a petition signed by one hundred (100) registered voters, seeking  consideration for appointment to the office. Within five (5) days  after receiving the names of persons qualified to hold the office, the governor shall fill the vacancy by temporary appointment to  the office, from the names submitted or from those petitioning for  appointment;
    2. If a vacancy  occurs in a county elective office, except as provided in W.S. 18-3-524 , the board of county commissioners of the county in which the vacancy  occurs shall immediately notify in writing the chairman of the county  central committee of the political party which the last incumbent  represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to  office. The chairman shall call a meeting of the county central committee  to be held not later than fifteen (15) days after he receives notice  of the vacancy. At the meeting the county central committee shall  select and transmit to the board of county commissioners the names  of three (3) persons qualified to hold the office. Within five (5) days after receiving these three (3) names, the  board of county commissioners shall fill the vacancy by appointment  of one (1) of the three (3) to hold the office. If the incumbent who  has vacated office 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 county commissioners shall publish in a newspaper of  general circulation in the county, notice that within fifteen (15)  days after publication any person qualified to hold the office may make application directly to the county commissioners for appointment  to fill the vacancy. Within twenty (20) days after the publication  of the vacancy in office the county commissioners shall fill the vacancy  by appointment of one (1) person qualified to hold the office from those submitting applications;
    3. If a vacancy occurs in the office of a member of the state legislature:
      1. For vacancies  other than resignations, the board of county commissioners of the  county or counties in which the vacancy occurs shall immediately notify  in writing the chairman of the state central committee of the political  party which the former incumbent represented at the time of his election  under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to  office. For resignations, the governor shall notify the appropriate  state central committee or the appropriate board of county commissioners  in accordance with W.S. 28-1-106 . For all vacancies in which the incumbent represented a political  party at the time of his election or appointment to the office, the  state central committee of the political party of the former incumbent  shall notify the precinct committeemen and committeewomen for that  party for each precinct within the legislative district which is vacant  and arrange a meeting of those precinct committeemen and committeewomen  at which they will select a list of three (3) persons qualified to hold the office to fill the vacancy.  Only those persons serving as committeemen and committeewomen at least  thirty (30) days prior to the vacancy, or if the vacancy occurs within  thirty (30) days after the first Monday in January in odd-numbered  years, those precinct committeemen and committeewomen elected at the  immediate past primary election and those selected by appointment  prior to December 2 of the year in which the election occurred for  vacant positions, shall be authorized to vote under this subparagraph.  The meeting shall be held not later than fifteen (15) days after the  state central committee is notified of the vacancy. The state central  committee of each political party shall establish procedures for conducting  the vote required under this subparagraph and may delegate the authority  to call the meeting required under this subparagraph;
      2. The state central committee of the political party of the former incumbent shall submit the list selected under subparagraph (A) of this paragraph to the board of county commissioners for each county in which the legislative district is located. Within five (5) days after receiving the list of three (3) names, the board of county commissioners shall fill the vacancy by appointment of one (1) of the three (3) to hold the office;
      3. If the incumbent  who has vacated office did not represent a political party at the  time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to  office, the county commissioners shall proceed in accordance with  the provisions of this subparagraph. The county commissioners shall  publish in a newspaper of general circulation in the county, notice  that within fifteen (15) days after publication, any person qualified to hold the office may make application directly to the county commissioners for appointment  to fill the vacancy. Within twenty (20) days after publication of  the notice of the vacancy in office, the county commissioners shall fill the vacancy by appointing one (1) person qualified to hold the office from among those submitting applications;
      4. If the legislative district is in more than one (1) county, the vacancy shall be filled by the combined vote of the boards of county commissioners for those counties. The vote of each county commissioner in attendance shall be weighted so that the total vote of the commissioners from each county shall be in proportion to the population of the legislative district within that county. For vacancies created other than by resignation, if the legislative district is in more than one (1) county, the determination of the vacancy shall be made in accordance with this subparagraph.
    4. A vacancy in the office of any hospital district trustee or in any other special district office shall be filled by temporary appointment by the governing body of the hospital or special district, both subject to chapter 29 of this title;
    5. A vacancy in a municipal office shall be filled as provided by W.S. 15-1-107 ;
    6. If the county  commissioners fail to fill any vacancy as required in this section  within the time specified, any person residing  in the county or legislative  district who is qualified to hold the office may file  a petition with the clerk of the district court of the county or legislative district in which the  vacancy occurred requesting the judge of the district court to fill  the vacancy. Within thirty (30) days after the petition is filed the  judge shall fill the vacancy by appointing a person residing in the county or legislative district belonging to  the same political party as the incumbent represented at the time  of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to  office, who is qualified to hold the office. If the incumbent did not represent any political party at the time  of his election or at the time of his appointment if not elected to  office, the judge may appoint any person residing  in the county or legislative district who is qualified to hold the  office to fill the vacancy.
  2. The trustees  of a school or community college district shall fill a vacancy in  office by temporary appointment in a manner provided by law. If the  trustees fail to appoint a person qualified to hold the office to fill a vacancy within thirty (30) days from the date the vacancy  occurs, or if, for any reason, the entire membership of the board  of trustees of a school or community college district is depleted,  the board of county commissioners of the county or counties involved,  within ten (10) days of either occurrence, shall appoint a person qualified to hold the office to fill  each vacancy until the next election at which time an election shall  be held to fill the unexpired term, and each appointee shall serve  until his successor is elected and qualified. Each appointee shall  be a resident of the trustee residence area, or election subdistrict,  if any, previously represented.
  3. For purposes  of this section:
    1. A person shall be considered to represent a political party if he was  a nominee of that political party when elected to office or when appointed  to fill a vacancy in office;
    2. “Qualified to hold the office” means  a person meets all applicable qualifications to be elected to a public  office which are set forth in the United States and Wyoming constitutions  and Wyoming law, as applicable, on the date of the person’s  appointment to the public office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-265; Laws 1974, ch. 24, § 2; 1979, ch. 3, § 1; ch. 53, § 1; 1981, ch. 159, § 1; 1985, ch. 204, § 1; 1991, ch. 243, § 2; 1992, ch. 1, § 6; 1993, ch. 91, § 1; 1994, ch. 99, § 2; 1996, ch. 93, § 1; 1998, ch. 100, § 2; 2004, ch. 22, § 1; 2006, ch. 114, § 1; 2009, ch. 170, § 1; 2011, ch. 38, § 1; 2013, ch. 159, § 1; ; 2015, ch. 154, § 1; ch. 154, § 1; 2018, ch. 118, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

As to state committeeman or committeewoman, see § 22-4-112 .

As to nominations for elective office, see § 22-5-401 .

As to judges of elections and members of counting boards, see § 22-8-112 .

As to congressional representative, see § 22-18-103 .

As to filling vacancies in the office of justice of the supreme court or judge of district court, see § 22-18-110 .

As to filling vacancies in nomination for presidential elector, see § 22-19-105 .

As to filling vacancies in office of presidential elector, see § 22-19-106 .

For provision concerning filling of vacancies in school or community college districts, see § 22-22-102 .

As to filling vacancies in office of county commissioners, see § 18-3-524 .

The 2004 amendment rewrote (a), substituting provisions pertaining to a person representing a political party rather than belonging to a political party, and modifying timing and notice requirements; and added (c).

Laws 2004, ch. 22, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, 8, Wyo. Const. Approved March 2, 2004.

The 2006 amendment, substituted “title” for “act” in (a)(iv).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2009 amendment, effective July 1, 2009, in (a)(iii)(D), deleted “according to the most recent decennial census” from the end of the second to last sentence.

The 2011 amendment, effective July 1, 2011, in the introductory language of (a), inserted “The person appointed shall,” “Provided,” “in the term's second or subsequent years,” and “election to fill the vacancy shall be held and,” and substituted “the remainder of the unexpired term” for “until the first Monday in January following the second general election thereafter.”

The 2013 amendment, effective July 1, 2013, added “or if the vacancy occurs within thirty (30) days after a primary election, including precinct committeemen and committeewomen elected at that primary” in (a)(iii)(A).

The 2015 amendment, effective July 1, 2015, in (a)(iii)(A), substituted “the first Monday in January in odd-numbered years, those precinct committeemen and committeewomen elected at the immediate past primary election and those selected by appointment prior to December 2 of the year in which the election occurred for vacant positions” for “a primary election, including precinct committeemen and committeewomen elected at that primary” in the fourth sentence.

The 2018 amendment, in (a)(i), in the first sentence, inserted “governor, member of the state legislature, the,” in the third and sixth sentences, substituted “hold the office” for “fill the vacancy,” and in the next-to-last and last sentences, substituted “Persons qualified to hold the office” for “Qualified persons”; in (a)(ii), in the third sentence, substituted “hold the office” for “fill the vacancy,” in the next-to-last sentence, substituted “person qualified to hold the office” for “qualified person,” and in the last sentence inserted “to hold the office” following “person qualified,” in (a)(iii)(A), at the end of the third sentence, substituted “to hold the office” for “to fill the vacancy,” in the next-to-last sentence, substituted “person qualified to hold the office” for “qualified person” preceding “may,” and, in the last sentence, inserted “to hold the office” following “qualified”; in (a)(iii)(C), in the second sentence, substituted “person qualified to hold the office” for “qualified person” preceding “may,” and in the last sentence substituted “appointing one (1) person qualified to hold the office from among” for “appointment of one (1) person qualified from” preceding “those submitting applications,” in (a)(vi), inserted “who is qualified to hold the office” wherever it appears, in the first sentence, substituted “person residing in the county or legislative district” for “qualified elector of the county” and inserted “or legislative district” preceding “in which,” in the second sentence, substituted “person residing in the county or legislative district” for qualified elector of the county” and inserted “ or legislative district” preceding “belonging,” and in the last sentence, substituted “person residing in the county or legislative district” for “any qualified elector of”; in (b), twice substituted “person qualified to hold the office” for “qualified person” following “appoint a”; added (c)(ii); redesignated the existing language in (c) as the present introductory language and (c)(i), and made a stylistic change in present (c)(i).

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Editor's notes. —

The word “title” was inserted in brackets following “this act” in subsection (a)(iv) as “this title” appears to be the intended reference.

Laws 2009 ch 170 § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

General election. —

A person elected to fill a vacancy in the office of governor on Tuesday next after the first Monday of November, 1892, was elected at a general election. In re Moore, 4 Wyo. 98, 31 P. 980, 1893 Wyo. LEXIS 3 (Wyo. 1893).

Length of term. —

Where a person appointed to fill a vacancy in the office of state treasurer was afterward elected to the office at a general election held before the term of his predecessor would have expired, he was not entitled to hold the office for four years after such general election, but only for the remainder of his predecessor's term. State ex rel. Irvine v. Brooks, 14 Wyo. 393, 84 P. 488, 1906 Wyo. LEXIS 19 (Wyo. 1906).

Nomination by state central committee. —

Statutes held not to authorize state central committee to nominate candidate for office of secretary of state to fill unexpired term of one who died 26 days before general election date. State ex rel. Copenhaver v. Jack, 60 Wyo. 405, 153 P.2d 149, 1944 Wyo. LEXIS 18 (Wyo. 1944).

§ 22-18-112. Certificate of appointment.

The officer or governmental body filling a vacancy by temporary appointment shall issue a “Certificate of Appointment” to the person filling the vacancy. The certificate shall be lawful authority to hold the office.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-266.

Chapter 19 Presidential Electors

Cross references. —

For duties of electors, see U.S. Const. amend. XII.

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections § 6; 77 Am. Jur. 2d United States § 43.

§ 22-19-101. When elected; number.

At a general election for president and vice-president of the United States, electors for president and vice-president of the United States shall be elected equal in number to senators and representatives in congress allotted to the state of Wyoming.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-267.

§ 22-19-102. Nomination.

  1. In a general election year, the state convention of a political party nominating candidates for president and vice-president of the United States shall nominate the party’s candidates for presidential electors and file certificates of nomination for these candidates with the secretary of state not later than thirty (30) days following termination of the state convention.
  2. Independent candidates for president shall file the candidate’s nominees for presidential electors not less than seventy (70) days prior to the general election. The nominees shall be qualified electors.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-268; 1998, ch. 100, § 2.

§ 22-19-103. Crediting of votes.

The number of votes received by presidential and vice-presidential candidates is the number of votes credited to their electors.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-269; Laws 1991, ch. 243, § 2; 1997, ch. 40, § 1; 1998, ch. 100, § 2.

§ 22-19-104. Certificate of election; directive.

Immediately upon filing of the certificate of the state canvassing board stating the result of the election, the governor shall issue a certificate of election to candidates elected to the office of presidential elector. The certificate shall direct the elector to attend a meeting with the governor in the office of the secretary of state at 12:00 noon on the Monday following the second Wednesday in December of presidential election years.

History. Laws 1973, ch. 251, § 1; W.S 1957, § 22.1-270.

§ 22-19-105. Vacancy in nomination.

A vacancy in nomination for the office of presidential elector occurring before the general election shall be filled by the state central committee of the political party whose vacancy is to be filled or by an independent candidate’s remaining electors, by certifying the name of the person filling the vacancy to the secretary of state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-271; 1998, ch. 100, § 2.

§ 22-19-106. Certified electors to meet; vacancies.

Certified electors shall convene in the office of the secretary of state at 12:00 noon on the Monday following the second Wednesday in December of presidential election years. A vacancy in the office of elector for any cause including nonattendance shall be filled and certified by a majority of electors present.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-272.

§ 22-19-107. College of electors; duties.

When all electors are present and vacancies filled they shall constitute the college of electors of the state of Wyoming and shall perform duties as required by the constitution and laws of the United States.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-273.

§ 22-19-108. How electors to vote.

All Wyoming electors shall vote for the candidates for the office of president and vice-president receiving the highest number of votes in the Wyoming general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-274.

§ 22-19-109. Compensation and mileage.

An elector shall receive fifty dollars ($50.00) compensation and mileage at the present rate for state employees.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-275; Laws 1991, ch. 243, § 2.

Chapter 20 Constitutional Amendments

Cross references. —

For constitutional provisions, see art. 20, §§ 1 to 4, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

16 Am. Jur. 2d Constitutional Law §§ 12 to 39.

16 C.J.S. Constitutional Law §§ 6 to 14.

Article 1. Amendments to Wyoming Constitution

§ 22-20-101. Ratification of proposed amendment or new constitution.

A proposed amendment to the constitution of the state of Wyoming submitted by a two-thirds vote of each of the houses of the state legislature or a proposed new constitution submitted by a constitutional convention may be ratified by a majority of the electors voting at the next general election. Voting on a proposed amendment or new constitution shall be regulated by general election laws.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-276.

Cited in

Geringer v. Bebout, 10 P.3d 514, 2000 Wyo. LEXIS 181 (Wyo. 2000).

§ 22-20-102. Transmittal to secretary of state; numbering and endorsement; ballot statement.

  1. A proposed amendment shall be transmitted to the office of the secretary of state by the house in which it originates or by a constitutional convention. The secretary of state shall letter each proposed amendment serially in the order received from the legislature or convention and shall endorse upon a proposed amendment, a brief statement of the purpose of the amendment. If the bill proposing the amendment provides this statement, it shall be adopted by the secretary of state.
  2. The letter and statement endorsed on a proposed amendment are part of the amendment for purposes of reference in submitting the amendment to the electors and shall constitute the ballot statement of the amendment.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-277; Laws 1995, ch. 115, § 1.

§ 22-20-103. Transmittal to county clerk; posting.

The secretary of state shall mail a certified copy of a proposed amendment and statement of its purpose filed in his office to each county clerk not less than sixty (60) days prior to the election at which the proposed amendment is submitted to the electors. The county clerk shall immediately post in his office the copy of a proposed amendment and statement of its purpose received from the secretary of state. The copy shall remain posted until after the election at which the amendment is submitted to the vote of the electors.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-278; Laws 1985, ch. 204, § 1; 1990, ch. 42, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-20-104. Publication by secretary of state; supplemental publication by clerk.

  1. The secretary of state shall publish each proposed amendment and a notice that it will be submitted to the electors at the next general election, once a week for at least twelve (12) consecutive weeks prior to the election in a newspaper of general circulation published in each county and, if possible, once each week for three (3) consecutive weeks within thirty (30) days prior to the election in one (1) other newspaper of general circulation in each county.
  2. The clerk may supplement publication thereof by radio or television broadcasts or both. The broadcasts shall identify the proposed amendment or other question, by letter and statement of purpose as prescribed by law, and shall state the name of the newspaper in which the published notice will appear and the date on which it will appear.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-279; Laws 1995, ch. 115, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-20-105. Pamphlet.

The secretary of state shall print a reasonable number of pamphlets containing every proposed amendment and provide a copy of the pamphlet upon request to any person or organization.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-280; Laws 1998, ch. 100, § 2.

§ 22-20-106. Publication expense.

The expense of publication of notice of proposed amendments and voter pamphlets shall be paid out of the general fund of the state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-281.

§ 22-20-107. Statement of purpose on ballot.

The county clerk shall print on the official nonpartisan general election ballot for the next general election the statement of purpose of each proposed amendment certified to him by the secretary of state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-282.

§ 22-20-108. Proclamation of adoption; effective date.

The governor shall issue a proclamation of adoption not later than ten (10) days after the adoption of each proposed amendment has been officially certified by the state canvassing board. A proposed amendment is effective on the date it is proclaimed adopted by the governor.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-283.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-20-109. Publication in session laws.

Each constitutional amendment proposed by the legislature, and if possible each proposed by a constitutional convention, and each constitutional amendment adopted by the vote of the people, shall be published in the next session laws.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-284.

Article 2. Amendments to the Constitution of the United States

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections, §§ 1, 2.

§ 22-20-201. Proclamation of governor calling state ratifying convention.

  1. If the congress of the United States of America proposes any question of repealing, amending or altering the constitution of the United States of America, or any part thereof, to be submitted to a ratifying convention of delegates chosen by the qualified electors of the state and does not prescribe the manner and method of calling, holding and conducting the convention and of canvassing the returns of the votes of the delegates thereto and determining, declaring and publishing the result of the vote of the delegates to the ratifying convention on any question voted upon, for which the ratifying convention is called, it is the duty of the governor to make a public proclamation:
    1. Calling the state ratifying convention;
    2. Calling for the election of delegates to the state ratifying convention;
    3. Specifying the place where and the time when the ratifying convention shall be held;
    4. Specifying the number of delegates (who shall be qualified electors) of which the ratifying convention shall consist; and
    5. Specifying the method and manner by and in which delegates to the ratifying convention shall be elected.

History. Laws 1978, ch. 37, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, in (a) added “ratifying” before “convention” throughout the subsection and substituted “proposes” for “enact any law requiring” in the first sentence.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-20-202. Election of delegates to state ratifying convention.

In each county of this state there shall be held a county convention of the qualified electors of the county at the time fixed by the proclamation. An election shall be held in which not less than five (5) delegates from each county and (1) one additional delegate for each five thousand (5,000) or major portion thereof of the inhabitants of the county shall be elected as delegates to the state ratifying convention specified in W.S. 22-20-201 .

History. Laws 1978, ch. 37, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, rewrote the section.

§ 22-20-203. Convening of county convention; presiding officer; certification of results.

It is the duty of the chairman of the board of county commissioners or some other member of the board in each county to convene the county convention and preside over it until the delegates chosen thereto select a chairman of the convention. It is the duty of the chairman and secretary of the convention to certify, under oath, to the secretary of state and to the state ratifying convention, the names of the delegates to the state ratifying convention chosen by the county convention.

History. Laws 1978, ch. 37, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, in (a) added “ratifying” before “convention” twice.

§ 22-20-204. Rules of practice for county conventions; convention ballots.

  1. The rules of practice, procedure and conduct of the business of the several county conventions specified in W.S. 22-20-202 are those prescribed by “Robert’s Rules of Parliamentary Procedure and Order”.
  2. The vote on the selection of delegates to the state ratifying convention shall be by written or printed ballot.

History. Laws 1978, ch. 37, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, in (b) substituted “state ratifying convention” for “county and state conventions.”

§ 22-20-205. Determining apportionment of representation at conventions.

In the apportionment of representation in the county convention and state ratifying convention, the last federal census is the basis upon which the right to representation in the conventions shall be determined.

History. Laws 1978, ch. 37, § 2; 2009, ch. 170, § 1; 2017, ch. 197, § 2.

The 2009 amendment, effective July 1, 2009, substituted “federal census” for “census enumeration taken by the United States government.”

The 2017 amendment, effective July 1, 2017, added “convention” following “county” and substituted “state ratifying convention” for “state conventions”.

Editor's notes. —

Laws 2009 ch 170 § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

§ 22-20-206. Board of commissioners to act as election commissioners.

For the purpose of providing the necessary facilities and conveniences for conducting each of the meetings and conventions provided for by this chapter, the board of county commissioners of the several counties of this state are appointed election commissioners of their respective counties. It is their duty to do all things necessary and proper to facilitate the qualified electors of their respective counties in expressing their will upon any question submitted to them by the congress of the United States of America.

History. Laws 1978, ch. 37, § 2.

§ 22-20-207. Costs and expenses to be borne by county.

All costs incurred in carrying out the provisions of this chapter in each county shall be borne and paid by the county in which the costs accrued.

History. Laws 1978, ch. 37, § 2.

§ 22-20-208. Convening of state ratifying convention; costs and expenses; certification of results.

  1. If the governor issues a proclamation calling a state ratifying convention, it is the duty of the secretary of state to convene the ratifying convention and make all necessary arrangements.
  2. The costs incidental to the holding of the state ratifying convention shall be borne and paid by the state, as appropriated by the legislature.
  3. It is the duty of the officers of the state ratifying convention to certify, under oath, to the secretary of state, the result of the vote cast at the ratifying convention on each question submitted thereto. When the result of the vote of the delegates to the state ratifying convention is certified to the secretary of state, it is then the duty of the secretary of state to certify the result to the president and secretary of state of the United States, and to the president of the senate and the speaker of the house of representatives of the congress of the United States.

History. Laws 1978, ch. 37, § 2; 1998, ch. 100, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, in (a), (b), and (c) substituted “states ratifying convention” for “state convention” numerous times.

§ 22-20-209. Procedure when congress directs manner of holding ratifying convention.

  1. If congress, either in the resolution submitting the question or by statute, prescribes the manner in which the ratifying convention shall be constituted, the provisions of this chapter are inoperative, and the ratifying convention shall be constituted and shall operate as the resolution or act of congress directs. All officers of the state who may be authorized or directed by the resolution or statute to take any action to constitute a ratifying convention for this state are authorized and directed to act in accordance therewith and in obedience thereto with the same force and effect as if acting under a statute of this state.
  2. If an article V convention as defined in W.S. 9-22-101 is called, the provisions of this chapter are inoperative to the extent that they conflict with a convention conducted in accordance with W.S. 9-22-102 .

History. Laws 1978, ch. 37, § 2; 2017, ch. 197, § 2.

The 2017 amendment, effective July 1, 2017, added the designation (a), substituted “ratifying convention” for “conventions”, added “ratifying” before “convention” twice; and added (b).

Chapter 21 Bond Elections

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections § 1 et seq; 64 Am. Jur. 2d Public Securities and Obligations §§ 130 to 162.

Inclusion of several structures or units as affecting validity of submission of proposition to voters at bond election, 4 ALR2d 617.

Validity of municipal bond issue as against owners of property, annexation of which to municipality became effective after date of election at which issue was approved by voters, 10 ALR2d 559.

Rescission of vote authorizing school district or other municipal bond issue, expenditure or tax, 68 ALR2d 1041.

Absentee Voters' Laws as applied to municipal bond elections, 97 ALR2d 257.

Inclusion or exclusion of first and last days in computing time for giving notice of bond issue election, which must be given a certain number of days before a known future date, 98 ALR2d 1331.

Article 1. Political Subdivisions

§ 22-21-101. Political Subdivision Bond Election Law.

This chapter including W.S. 22-21-101 through 22-21-112 , shall be known as the “Political Subdivision Bond Election Law,” and each election required by law to authorize the issuance of bonds shall be conducted under the provisions hereof, except that statewide bond elections shall be conducted as provided in W.S. 22-21-201 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-285; Laws 1978, ch. 38, § 2; 1991, ch. 243, § 2.

Cross references. —

As to community college bond elections, see § 21-18-314 .

Applicability. —

The Political Subdivision Bond Election Law is only applicable when an election is “required by law.” Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

The Political Subdivision Bond Election Law appears to be a commendable effort by the legislature in 1973 to make uniform the procedures to be followed when an election is required prior to issuance of bonds of any sort. There is no language requiring an election approval in all instances when revenue bonds are to be issued. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Legislature did not intend for financing of municipal water project to be considered a “bond,” and therefore there was no statutory requirement for an election prior to town's incurring debt. Cooper v. Town of Pinedale, 1 P.3d 1197, 2000 Wyo. LEXIS 74 (Wyo. 2000).

Constitutionality. —

Law for elections in high school districts on bond issues where property and nonproperty owners may vote, held not to violate constitution regarding free elections or elections creating debts. State ex rel. Voiles v. Johnson County High Sch., 43 Wyo. 494, 5 P.2d 255, 1931 Wyo. LEXIS 31 (Wyo. 1931).

Immaterial provision. —

Provisions that ballots are to be placed in separate boxes for property owners and nonproperty owners held immaterial, as the provision for box “A” was surplusage. State ex rel. Voiles v. Johnson County High Sch., 43 Wyo. 494, 5 P.2d 255, 1931 Wyo. LEXIS 31 (Wyo. 1931).

Presumption of validity. —

An act must be determined as to its validity under the principle that all enactments are presumed to be valid. State ex rel. Voiles v. Johnson County High Sch., 43 Wyo. 494, 5 P.2d 255, 1931 Wyo. LEXIS 31 (Wyo. 1931).

School bond elections. —

High school districts derive right to vote on bond issue from statutes which must be substantially followed, as they have no inherent right to vote on bond issues. State ex rel. Voiles v. Johnson County High Sch., 43 Wyo. 494, 5 P.2d 255, 1931 Wyo. LEXIS 31 (Wyo. 1931).

Statutory provisions providing for school elections on bond issue where property and nonproperty owners may vote are not in conflict with constitutional requirements of free elections, art. 1, § 27, Wyo. Const., and equality, art. 6, § 1, Wyo. Const.State ex rel. Voiles v. Johnson County High Sch., 43 Wyo. 494, 5 P.2d 255, 1931 Wyo. LEXIS 31 (Wyo. 1931).

§ 22-21-102. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, provided definitions for the article on political subdivision bond elections.

§ 22-21-103. How bond question to be submitted to electors; contents.

Each bond question shall be submitted to a vote of the qualified electors of the political subdivision. Every bond election shall be held on the same day as a primary election or a general election, or on the Tuesday next following the first Monday in May or November, or on the Tuesday next following the third Monday in August. Not less than one hundred ten (110) days before a bond election, the political subdivision shall provide written notification to the county clerk specifying the date of the election and the bond question. The bond question shall state the purpose of the bonds, the maximum principal amount thereof, the maximum number of years allowed for the indebtedness and the maximum rate of interest to be paid thereon. The secretary of state may promulgate reasonable rules for conducting bond elections where the election is not held at the same time as the general or primary election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-287; Laws 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1983, ch. 183, § 2; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1997, ch. 115, § 1; 1998, ch. 100, § 2; 2002, Sp. Sess., ch. 18, § 2; 2018, ch. 101, § 1.

The 2018 amendment, at the beginning of the third sentence, substituted “Not less than one hundred ten (110) days before a bond election, the political subdivision shall” for “If calling the election in May, the body political subdivision shall by March 1,” and deleted the former fourth sentence, which read: “If the political subdivision specifies the date of the election to be a primary or general statewide or other August or November election, then the political subdivision shall provide notice to the county clerk not less than one hundred ten (110) days before the election if for a primary or other August election, and not less than seventy (70) days before the election, if for a general or other November election.”

Laws 2018, ch. 101, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Law reviews. —

For article, “Corporate Expression in Wyoming Ballot Issues, Referenda and Initiatives: A Political and Legal Dilemma,” see XIV Land & Water L. Rev. 449 (1979).

Notice. —

In a challenge to a school district's use of funds obtained from the sale of bonds to construct school facilities, to the extent the challengers' claim challenged the election itself, it was barred as untimely because it was not filed within the 14 day limit for election contests. However, even if the claim was not time barred, there was no defect in the notice provided the public regarding the bond election where the bond questions clearly stated the purpose of the bonds as required by this statute. Snell v. Johnson County Sch. Dist. No. 1, 2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25 (Wyo. 2004).

§ 22-21-104. Publication or posting of election notice; contents.

Between one hundred one (101) and ninety-one (91) days before a bond election held in conjunction with a primary or other August election and between ninety (90) and seventy (70) days before a bond election held in conjunction with a May, general or other November election, the county clerk shall publish notice of the election at least once in a newspaper of general circulation in the political subdivision. If there is no newspaper of general circulation in the political subdivision, notice shall be posted at each polling place in the political subdivision between ninety (90) and seventy (70) days before the election. Any notice of election hereunder shall specify the name of the political subdivision, the date, time and place of election, the question or questions to be submitted, and the fact that only qualified electors of the political subdivision may vote thereon. If a bond election is being held within a political subdivision at the same time and place as a regular or other election, the notice of bond election may, at the discretion of the county clerk, be combined with and given in the same manner as the notice of the regular or other election in such political subdivision.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-288; Laws 1974, ch. 24, § 2; 1979, ch. 133, § 2; 2018, ch. 101, § 1.

The 2018 amendment, in the first sentence, added the language preceding “the county clerk” and deleted “not less than thirty (30) nor more than forty (40) days before the election” at the end, and in the second sentence substituted “between ninety (90) and seventy (70) days” for “not less than thirty (30) nor more than forty (40) days” following “subdivision.”

Laws 2018, ch. 101, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-21-105. Election districts.

The political subdivision may be divided by the governing body into convenient subdivisions for the purpose of such election or the governing body may adopt the election districts and precincts established for general or other elections.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-289.

§ 22-21-106. Errors.

No error in any election on the creation of an indebtedness shall invalidate the election, unless it is determined that the error would change the result.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-290; Laws 1998, ch. 100, § 2.

§ 22-21-107. Contests; procedure.

Any five (5) qualified electors of the political subdivision may contest an election on the question of the creation of an indebtedness upon filing in the district court of any county in which the political subdivision is wholly or partially located, within fourteen (14) days after the result of the election shall have been determined, a petition alleging an error that would change the result of the election, in like form as in other cases of contested elections in the district court. The political subdivision shall be made defendant, and process shall be served upon the clerk of the governing body or other chief clerical officer as in other civil actions. No civil action contesting the results of such an election or alleging election errors may be commenced after the expiration of such fourteen (14) day period.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-291; Laws 1998, ch. 100, § 2.

Contests of election results are not actions at law or suits in equity and were unknown to the common law. Johnson v. Cheyenne, 504 P.2d 1081, 1973 Wyo. LEXIS 132 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1184 (U.S. 1973).

Proceedings are special and summary in their nature. Johnson v. Cheyenne, 504 P.2d 1081, 1973 Wyo. LEXIS 132 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1184 (U.S. 1973).

Strict observance of steps necessary to give jurisdiction is required. Johnson v. Cheyenne, 504 P.2d 1081, 1973 Wyo. LEXIS 132 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1184 (U.S. 1973).

And jurisdictional facts must appear on face of proceedings. If these steps are not followed, courts are powerless to entertain such proceedings. Johnson v. Cheyenne, 504 P.2d 1081, 1973 Wyo. LEXIS 132 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1184 (U.S. 1973).

Claim time-barred. —

In a challenge to a school district's use of funds obtained from the sale of bonds to construct school facilities, to the extent the challengers' claim challenged the election itself, it was barred as untimely because it was not filed within the 14 day limit for election contests. Snell v. Johnson County Sch. Dist. No. 1, Snell v. Johnson County Sch. Dist. No. 1, 2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25 (Wyo. 2004).

Petitioner must show that results would have been changed.—

The legislature was aware that even in the absence of such statutory provisions as provided in this section the petitioner would still have the burden of showing that the results would have been changed. Johnson v. Cheyenne, 504 P.2d 1081, 1973 Wyo. LEXIS 132 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1184 (U.S. 1973).

§ 22-21-108. Who is entitled to vote.

Any qualified elector in the political subdivision shall be entitled to vote on the bond question in person or by absentee ballot, for the precinct in which he is registered, as provided by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-292; Laws 1998, ch. 100, § 2; 2015, ch. 138, § 1.

Cross references. —

As to registration generally, see §§ 22-3-101 to 22-3-117 .

As to absentee voting generally, see §§ 22-9-101 to 22-9-125 .

The 2015 amendment, substituted “for the precinct” for “in the precinct”.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Constitutionality of durational residence requirements. —

Durational residence laws are unconstitutional unless a state can demonstrate that such laws are necessary to promote compelling governmental interest, it not being sufficient for a state to show that requirements further a very substantial state interest. Torres v. Laramie County School Dist. No. 1, Torres v. Laramie County Sch. Dist., 506 P.2d 817, 1973 Wyo. LEXIS 144 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1185 (U.S. 1973).

The legislature is free to establish durational residence requirements for any period for which their investigation shows there is a compelling reason. Torres v. Laramie County Sch. Dist., 506 P.2d 817, 1973 Wyo. LEXIS 144 (Wyo.), cert. denied, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1185 (U.S. 1973).

Guidelines as to residence requirements pending action by legislature. —

The Wyoming supreme court has established guidelines for the direction of election officials and citizens with respect to residence requirements pending action by the legislature. Torres v. Laramie County Sch. Dist., 506 P.2d 817, 1973 Wyo. LEXIS 144 (Wyo. 1973), appeal dismissed, 414 U.S. 990, 94 S. Ct. 342, 38 L. Ed. 2d 229, 1973 U.S. LEXIS 1185 (1973). See § 22-1-102 for definition of “residence.”

§ 22-21-109. Supplies; regulations; costs.

The county clerk may utilize voting machines or electronic voting systems at any bond election and may prescribe the form of the ballot, the duties of election officials, and other reasonable regulations pertaining thereto. The political subdivision holding the bond election shall pay the actual costs of the election or an equitably proportioned share of a concurrent election, as determined by the county clerk.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-293; Laws 1974, ch. 24, § 2; 1998, ch. 100, § 2; 2014, ch. 108, § 1.

The 2014 amendment, in the first sentence, substituted “the ballot” for “ballot label.”

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-21-110. Ballot canvass; results certified; declaration; effect of defeat.

Immediately after the closing of the polls, the counting board shall proceed to count the ballots. The results disclosed by the count shall be certified by the counting board to the clerk of the political subdivision. If the majority of the ballots cast on a bond question is in favor of the issuance of the bonds, the proposal shall be approved, and the governing body of the political subdivision, in the manner provided by law, shall then proceed to declare the results of said election, and complete the printing, execution, advertising, and sale of the bonds, but if the majority is opposed to such issuance, the proposal to issue bonds for the same general purpose shall not again be submitted to election within a period of twelve (12) months or as otherwise provided by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-294; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

§ 22-21-111. Authority granted.

Nothing herein contained shall be construed as authorizing any type of project or the issuance of bonds for any purpose not otherwise authorized by the laws specifically applicable to the political subdivision in question.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-295.

§ 22-21-112. Effect on prior bond elections.

This act [§§ 22-21-101 through 22-27-101 ] shall have no effect on any bond election heretofore conducted, and any bonds authorized at such an election which have not been delivered may be sold and delivered as if this act had not been adopted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-296.

Article 2. State

§ 22-21-201. State bond elections.

  1. A statewide bond election may be held on the same days as authorized for bond elections under W.S. 22-21-103 . A statewide bond election shall be conducted as nearly as possible in the same manner as a general election.
  2. The proclamation of such an election shall be published as provided in W.S. 22-2-109 . No other notice of such election need be published.
  3. Precincts may be consolidated for the purpose of any special election held under this section at the discretion of the county clerk. Three (3) judges shall be appointed for the polling place in such special elections, and additional judges may be appointed if deemed necessary by the county clerk.
  4. The question submitted at such a bond election shall be deemed adopted, if a majority of the electors voting thereon approve the proposition.

History. Laws 1978, ch. 38, § 1; W.S. 1977, § 22-2-115 ; Laws 1983, ch. 183, § 2; 1991, ch. 243, § 4; 1996, ch. 97, § 2; 2015, ch. 138, § 1.

The 2015 amendment, in the second sentence in (c), deleted “in each precinct” following “polling place.”

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Editor's notes. —

Laws 1991, ch. 243, § 4, renumbered this section, which was former § 22-2-115 , effective July 1, 1991.

Chapter 22 School Elections

Article 1. General Provisions

§ 22-22-101. Cost of school or community college district elections.

The cost of a school or community college district election or equitably proportioned shares of a concurrent election as determined by the county clerk shall be paid by the appropriate board from the funds of the school district or community college district.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-297; Laws 1974, ch. 24, § 2.

§ 22-22-102. Date of election of trustees; terms; interim vacancies.

  1. The election of members of the board of trustees of each school district and community college district shall be held at the regular polling places for each district on the Tuesday next following the first Monday in November in general election years. Terms of office shall run for four (4) years beginning at 12:00 noon on the first day in December following the election.
  2. Repealed by Laws 1985, ch. 204, § 2.
  3. Not more than a simple majority of members of the board of trustees of each school district and each community college district shall be elected at any election unless the election is to fill an unexpired term.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-298; Laws 1974, ch. 24, § 2; 1975, ch. 185, §§ 2, 3; 1985, ch. 204, §§ 1, 2; 1987, ch. 222, § 1; 1988, ch. 24, § 1; 1998, ch. 100, § 2; 2015, ch. 138, § 1.

The 2015 amendment, substituted “polling places for each district” for “polling places in each district”.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Cross references. —

As to filling vacancies in office generally, see §§ 22-18-101 to 22-18-112 .

As to initial election of community college district board, see § 21-18-308 .

§ 22-22-103. Establishment of election dates by boards of county commissioners.

For school or community college district elections set by boards of county commissioners, in determining the date of an election each county commissioner’s vote shall be weighted in proportion to the number of county commissioners and the population of electors of the district residing within that commissioner’s county. The population of electors shall be determined by the most recent voter registration lists.

History. Laws 1996, ch. 97, § 1.

Article 2. Nominations

§ 22-22-201. Eligibility for office.

  1. A qualified elector resident in a school district is eligible to hold the office of school district trustee in the school district, but only from the trustee residence area in which he resides if the district is divided into residence areas.
  2. A qualified elector resident in a community college district may be elected to the district board of the community college district, but only from the subdistrict in which he resides if the district is divided into subdistricts.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-299.

Cross references. —

As to elector qualifications, see § 22-3-102 .

Section does not purport to eliminate or restrict rule against holding incompatible offices. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

Employment as teacher and office as member of board of trustees of school district are incompatible within the meaning and intent of the common-law rule that a person cannot hold incompatible offices or positions. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

For person to hold office as trustee while acting as teacher would deprive the citizens of the school district of the independent judgment of a full and impartial board of trustees elected to represent the entire public interest. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

A party who obtained office as a member of the school district's board of trustees while a teacher in that district and who sought to retain both positions was precluded by rule of incompatibility which operated to vacate party's office as trustee rather than position as school teacher. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

§ 22-22-202. Filing of application; form.

  1. A qualified elector may be nominated for the office of school district trustee or member of a community college board by filing an application for election in the office of the county clerk not more than ninety (90) nor less than seventy (70) days prior to the election. The application shall be in substantially the following form:

    APPLICATION FOR ELECTION FOR SCHOOL ORCOMMUNITY COLLEGE TRUSTEE I, the undersigned, swear or affirm that I was born on , (year), and that I have been a resident of the State of Wyoming since , and that I am a registered voter of the school district or community college district (and resident of trustee residence area or subdistrict , if any), residing at , and I do hereby request that my name, , be printed on the ballot of the election to be held on the day of , (year), as a candidate for the office of for a term of years. I hereby declare that if I am elected, I will qualify for the office. Dated: (Signature of Candidate) Name as it is to appear on the ballot

    Click to view

  2. Repealed by Laws 1983, ch. 80, § 2.

History: Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-300; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1979, ch. 133, § 2; 1981, ch. 159, § 1; 1983, ch. 80, § 2; 1988, ch. 24, § 1; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 47, § 1; 2014, ch. 108, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2014 amendment, in (a), deleted “ . . . . . . . . . . . . . . . . . . . (Residence Address)” from the end of the form.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

§ 22-22-203. Determining validity of application; placement on ballot; procedure for multi-county districts.

  1. The county clerk receiving a nomination application shall determine whether the person seeking nomination is a qualified candidate. If the application is sufficient in all respects, the name of the person nominated shall appear on the official ballot for the election specified in the application. In the case of a school or community college district which crosses county boundaries, the clerk of the county in which a valid application is filed shall certify the name of the person nominated to the clerk of the other county or counties involved for placement on the official ballot for the election specified in the application.
  2. Each county clerk in each election involving a school or community college district which crosses county boundaries shall determine whether voting machines, electronic voting system, paper ballots, or a combination thereof, shall be used to insure that each qualified elector votes only for the candidate or candidates from the school district and trustee residence area, if any, and from the community college district and subdistrict, if any, for which he is entitled to vote.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-301; Laws 1974, ch. 24, § 2.

Article 3. School or Community College Election Procedure

§ 22-22-301. “District” defined.

As used in this article including W.S. 22-22-301 through 22-22-308, inclusive, the term “district” refers to a community college district board or a school district board of trustees.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-302.

Cross references. —

As to partitioning community college district into election subdistricts, see § 21-18-308 .

As to community college district annexation elections, see § 21-18-310 .

As to community college district formation elections, see § 21-18-312 .

§ 22-22-302. Conduct of elections.

Unless specifically otherwise provided, a school or community college district election shall be governed by the laws regulating statewide elections and in even-numbered years be conducted and canvassed by the same election officials, using the same poll lists, and at the same times and polling places, as county elections.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-303.

Cross references. —

For time of county elections, see §§ 22-2-104 and 22-2-105 .

§ 22-22-303. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, provided that the county clerk was to provide sufficient supplies to polling places.

§ 22-22-304. Ballot information; format.

  1. The official ballot shall contain the following information:
    1. The name of the school district or community college district;
    2. The county or counties in which the district is located;
    3. The number of offices to be filled, the length of term for each office, and the number and names of candidates for each office for whom each voter is entitled to vote;
    4. In districts divided into trustee residence areas or subdistricts, the trustee residence area or subdistrict of each candidate and the number to be elected from each trustee residence area or subdistrict;
    5. Ballot propositions to be voted on at the election.
  2. Repealed by Laws 1998, ch. 100, § 5.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-306; Laws 1998, ch. 100, § 5.

§§ 22-22-305 through 22-22-308. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, related to certification of results, the breaking of tie votes, and disposition of ballots.

Chapter 23 Municipal Elections

Cross references. —

For constitutional provision requiring the consent of the electors with reference to organization of municipalities, see art. 13, § 2, Wyo. Const. See, also, art. 3, § 52, Wyo. Const.

Law reviews. —

For article, “No Home On the Range For Home Rule,” see XXXI Land & Water L. Rev. 791 (1996).

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections § 1 et seq.

“At-large” elections as violation of § 2 of Voting Rights Act of 1965 (42 USC § 1973), 92 ALR Fed 824.

29 C.J.S. Elections § 1 et seq.; 62 C.J.S. Municipal Corporations § 350 et seq.

Article 1. General Provisions

§ 22-23-101. Laws governing; costs.

Unless otherwise specifically provided, a municipal election shall be governed by laws regulating statewide elections. The municipality holding any election shall pay the actual costs of the election, or an equitably proportioned share of a concurrent election as determined by the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-311; Laws 1974, ch. 24, § 2.

§ 22-23-102. Qualifications of municipal officers.

All municipal offices are nonpartisan, and municipal officers shall be qualified electors residing in the municipality and any ward established under W.S. 22-23-103 or 15-11-105(b).

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-312; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

Cross references. —

As to qualifications of electors, see § 22-3-102 .

Requirement that municipal officers be “resident in the municipality” is clear and unambiguous. Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Dwelling or habitation place within municipal boundaries required.—

One may not be a candidate for municipal office in a city or town without having and maintaining a dwelling or place of habitation physically situated within the municipal boundaries of such city or town. Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Where there was no showing that appellant had a place of fixed habitation within corporate limits of the city to which she had the intention of returning, she had not brought herself within the statutory qualifications to stand for election in that city. Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Candidate's failure to be registered. —

Candidate's failure to be registered to vote at the time of filing her application for nomination was inconsequential and a mere irregularity since shortly thereafter she reregistered and met all criteria during the primary election, the general election, and at the time she assumed the municipal office. Rue v. Carter, 919 P.2d 633, 1996 Wyo. LEXIS 110 (Wyo. 1996).

§ 22-23-103. Division of city into wards; residency.

  1. A city may be divided into wards by ordinance of the governing body of the city. The wards shall be compact in form and as nearly equal in population as possible.
  2. Except as provided in subsection (c) of this section, a person shall not be a candidate for the council from a ward for the purpose of meeting residency requirements for the city ward, unless he has been a resident of that ward for at least one (1) year next preceding his election.
  3. In any general election year in which city wards are redrawn but not enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for a ward if he:
    1. Is a resident of the city on the date he files an application under W.S. 22-5-204 or a petition under W.S. 22-5-301 ; and
    2. Has been a resident of the city for at least one (1) year next preceding his election.
  4. A person seeking election from a ward as provided under subsection (c) of this section, including a councilman whose term otherwise would expire as a result of completing his term of office, shall be a resident of the ward at the time he takes office.
  5. Following the redrawing of ward boundaries, a councilman whose term of office does not expire following the next general election shall continue to serve until the completion of his term.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-313; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2; 2002 Sp. Sess., ch. 69, § 1.

§ 22-23-104. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, provided that the provisions of chapter 24 of the Election Code would apply to municipal elections.

Article 2. Concurrent Elections

§ 22-23-201. Conduct; who may vote.

  1. Except as provided in W.S. 22-23-202 municipal primary and general elections are held at the same time, in the same manner, at the same polling places, and are conducted by the same election officials, using the same poll lists, as the statewide primary and general elections.
  2. Only voters residing in precincts within a municipality may vote in its elections.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-315; Laws 1975, ch. 185, § 2; 2015, ch. 138, § 1.

Cited in

Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

The 2015 amendment, in (a), substituted “election officials” for “precinct officials”.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-23-202. Optional mode of election for towns; procedures by charter ordinance.

  1. Any municipality may, by charter ordinance enacted pursuant to article 13, section 1(c) of the Wyoming constitution, elect not to conduct its elections for office or for municipal ballot propositions in the same manner as statewide elections, in which case the charter ordinance shall at a minimum provide:
    1. The manner in which notice of elections shall be given;
    2. The procedure by which candidates shall be nominated for office, and by which vacancies in nomination are to be filled;
    3. The date, time and place of the election which shall be held on the Tuesday next following the first Monday in the month of May every two (2) years;
    4. The manner in which precinct officials and a canvassing board shall be appointed;
    5. That the municipal clerk is responsible for:
      1. Determining if a person seeking nomination is a qualified candidate;
      2. Preparing the ballots in substantially the same form as the general election nonpartisan ballot;
      3. Designating polling places;
      4. Otherwise conducting the election.
    6. That the municipality shall bear the expense of the election;
    7. The manner in which election results are certified and persons receiving the highest number of votes are notified.
  2. Those matters not otherwise provided for in a charter ordinance shall be governed by chapters 1 through 21, 23, 25 and 26 of this Election Code.

History. Laws 1975, ch. 185, § 1; W.S. 1957, § 22.1-315.1; 1996, ch. 97, § 2; 1998, ch. 100, § 2.

§ 22-23-203. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, provided that electors at municipal elections would be subject to challenge.

§ 22-23-204. Certification and printing of ballot propositions.

A municipal ballot proposition to be voted on at a general election shall be certified by the municipal clerk to the county clerk not less than sixty (60) days before the general election and shall be printed on the municipal ballot by the county clerk unless state law provides otherwise.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-22.1-319; Laws 1991, ch. 243, § 2; 1998, ch. 100, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Article 3. Nominations

§ 22-23-301. Municipal officers.

All candidates for municipal office shall be nominated at the municipal primary election. In order to be eligible, a candidate must be a registered voter and a resident of the municipality and ward which he seeks to represent on the day the petition is filed, and shall not be an employee of the municipality. As used in this section, the term “employee” includes only those persons receiving an hourly wage or salary from a municipality. A person who provides volunteer services to a municipality shall not be considered an “employee” under this section based solely upon coverage under the Wyoming Worker’s Compensation Act or other pension, death or disability program.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-320; Laws 1974, ch. 24, § 2; 1997, ch. 173, § 1; 2003, ch. 36, § 1.

Worker's Compensation Act. —

See §§ 27-14-101(a), 27-14-102(a)(xxvii).

Constitutionality of candidacy requirements. —

Wyo. Stat. Ann. § 22-23-301 does not require a person to resign municipal employment in order to run for municipal office; it only requires that a person resign municipal employment prior to holding municipal office. Thus, the statute is not unconstitutional on the grounds that it creates a class of persons who must resign their employment before seeking election to municipal office. Hayes v. City of Sheridan, 2005 WY 10, 105 P.3d 459, 2005 Wyo. LEXIS 12 (Wyo. 2005).

Candidate's failure to be registered. —

Election of a candidate for town council was properly annulled because: (1) the candidate was not a registered voter at the time he filed his petition for candidacy and thus violated Wyo. Stat. Ann. § 22-23-301 and Wyo. Stat. Ann. § 22-23-302 ; and (2) failure to meet this requirement was not a mere irregularity. Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (Wyo. 2007).

§ 22-23-302. Filing fee; application form.

Not more than ninety-six (96) days and not later than eighty-one (81) days preceding the municipal primary election, each candidate for a municipal office shall pay a nonrefundable filing fee of twenty-five dollars ($25.00) and sign and file with the municipal clerk an application in substantially the following form:

State of Wyoming County of ss I, , the undersigned, swear or affirm that I was born on , (year), and that I have been a resident of the State of Wyoming since , residing at , and that I am a registered voter of Election District No. , Precinct No. , in Ward No. , in the City of , and the State of Wyoming as of the closing of the municipal clerk's office on the day this application is filed, do hereby petition and request that my name be printed upon the Official Municipal Primary Ballot at the next primary election as a candidate for the office of I hereby declare that if nominated and elected I will qualify for the office. Dated: (Signature of Candidate)

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History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-321; Laws 1974, ch. 24, § 2; 1975, ch. 185, § 2; 1977, ch. 186, § 2; 1979, ch. 133, § 2; 1990, ch. 42, § 1; 1993, ch. 146, § 2; 1997, ch. 173, § 1; 1998, ch. 100, § 2; 2001, ch. 116, § 1; 2014, ch. 108, § 1; 2015, ch. 76, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2014 amendment, deleted “(Residence Address)” at the end of the section.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

The 2015 amendment, effective July 1, 2015, in the introductory language, substituted “an application” for “a petition”; in the form paragraph, substituted “this application is filed” for “this petition is filed.”

Candidate's failure to be registered. —

Candidate's failure to be registered to vote at the time of filing her application for nomination was inconsequential and a mere irregularity since shortly thereafter she reregistered and met all criteria during the primary election, the general election, and at the time she assumed the municipal office. Rue v. Carter, 919 P.2d 633, 1996 Wyo. LEXIS 110 (Wyo. 1996).

Election of a candidate for town council was properly annulled because: (1) the candidate was not a registered voter at the time he filed his petition for candidacy and thus violated Wyo. Stat. Ann. § 22-23-301 and Wyo. Stat. Ann. § 22-23-302 ; and (2) failure to meet this requirement was not a mere irregularity. Smith v. Brito, 2007 WY 191, 173 P.3d 351, 2007 Wyo. LEXIS 203 (Wyo. 2007).

Cited in

Hayes v. City of Sheridan, 2005 WY 10, 105 P.3d 459, 2005 Wyo. LEXIS 12 (2005).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and effect of statutes exacting filing fees from candidates for public office, 89 ALR2d 864.

§ 22-23-303. Certification of candidates; names on ballots.

Not later than sixty-eight (68) days prior to the primary election, the municipal clerk shall certify to the county clerk the names of all qualified candidates for nomination at the municipal primary election and the office they seek. The number of municipal candidates the voters are entitled to vote for at the primary election is the number of candidates to be elected to municipal offices at the general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-322; Laws 1974, ch. 24, § 2; 1979, ch. 133, § 2; 1981, ch. 159, § 1; 1990, ch. 42, § 1; 1998, ch. 100, § 2; 2015, ch. 76, § 1.

The 2015 amendment, effective July 1, 2015, deleted “and shall print the names on the primary election ballot” at the end of the first sentence.

Cross references. —

As to computing periods of time, § 22-2-110 .

§ 22-23-304. Ballot form.

The county clerk shall prepare the municipal primary ballot as provided in chapter 6 of this title for nonpartisan ballots.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-323; Laws 1985, ch. 204, § 1; 1991, ch. 243, § 2; 1998, ch. 100, § 2.

§§ 22-23-305 and 22-23-306. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, provided for rotation of names on a ballot and for canvassing of returns and certification of results.

§ 22-23-307. Candidates nominated; certificate of nomination.

  1. The candidates equal to twice the number to be elected to each office who receive the highest number of votes are nominated to run for the office at the next general election and shall be issued a certificate of nomination by the county clerk. A write-in candidate shall not be nominated and shall not be entitled to have his name printed on the ballot for the next general election unless he received at least three (3) votes.
  2. The chief election officer shall notify a write-in candidate who has been nominated for election within forty-eight (48) hours after the canvassing board meets. Notification may be made by United States postal service, any generally accepted business document delivery method evidenced by receipt of delivery or attempted delivery at the last known address of the write-in candidate or service as provided under the Wyoming Rules of Civil Procedure. Failure of the successful write-in candidate to accept the nomination within five (5) days after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure, as computed pursuant to W.S. 22-2-110 , results in the successful write-in candidate not appearing on the general election ballot, and results in a vacancy which can be filled as provided in W.S. 22-23-308 . Each notification provided under this section shall inform the write-in candidate that failure to timely respond will result in forfeiture of nomination.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-326; Laws 2001, ch. 116, § 1; 2011, ch. 38, § 1; 2015, ch. 76, § 1.

The 2011 amendment, effective July 1, 2011, added (b).

The 2015 amendment, effective July 1, 2015, in the third sentence, inserted “after delivery, attempted delivery or service under the Wyoming Rules of Civil Procedure”; deleted “of proof of service or attempted delivery” preceding “results in the successful”; and made a related change.

§ 22-23-308. Vacancies in nomination.

  1. A vacancy in nomination for a municipal office to be filled at a general election occurs if:
    1. A candidate nominated at a primary election declines to accept the nomination, dies, moves his residence from his constituency or becomes disqualified to hold the office for any reason provided by law;
    2. After the primary election there are no nomination applications for the office of mayor or councilman.
  2. A vacancy in nomination shall be filled by the municipal clerk notifying the person who received the next highest number of votes at the municipal primary election as shown on the official county canvass, or, if no other candidate exists, the vacancy in nomination may be filled by the governing body of the municipality.
  3. Not less than sixty (60) days prior to the general election, the municipal clerk shall certify to the county clerk the names of all qualified candidates who have accepted nomination by write-in vote and those nominated by the governing body and the office they seek. The names shall be printed on the general election ballot.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-327; Laws 1981, ch. 159, § 1; 1985, ch. 204, § 1; 1990, ch. 42, § 1; 1998, ch. 100, § 2.

Applied in

Karn v. Hayes, 530 P.2d 156, 1975 Wyo. LEXIS 121 (Wyo. 1975).

Article 4. General Municipal Election

§ 22-23-401. Preparation of ballots; cost.

The county clerk shall prepare ballots which shall be in substantially the same form as the general election nonpartisan ballot for the municipal general election. The name of every candidate legally qualified to appear on the ballot and all municipal ballot propositions to be voted on at the election shall be printed thereon. The cost of preparing the municipal ballots shall be determined by the county clerk and paid by the municipality.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-328; Laws 1998, ch. 100, § 2; 2014, ch. 108, § 1.

The 2014 amendment, in the first sentence, deleted “and voting machine ballot labels.”

Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

§§ 22-23-402 and 22-23-403. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

These sections, which derived from Laws 1973, ch. 251, § 1, provided for rotation of names on a ballot and canvassing of returns and certification of results.

§ 22-23-404. Commencement of term of office.

Except as otherwise provided by W.S. 22-23-202 , the term of office of a person elected at the municipal general election commences on the first Monday in January following the general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-333; Laws 2001, ch. 116, § 1.

Applied in

Committee to Restore Mayor-Council Form of Gov't v. City of Rawlins, 692 P.2d 944, 1984 Wyo. LEXIS 353 (Wyo. 1984).

§ 22-23-405. Constitutional oath required.

Before entering his duties, a person elected to a municipal office shall sign and file with the city clerk the same constitutional oath of office as county officers.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-334.

Cross references. —

For oath of office, see art. 6, § 20, Wyo. Const.

Article 5. Offices and Terms

§§ 22-23-501 and 22-23-502. [Renumbered.]

Renumbered as 15-11-101 and 15-11-102 by Laws 1998, ch. 100, § 4.

Cross references. —

For present provisions, see §§ 15-11-101 and 15-11-102 .

§ 22-23-503. [Amended and renumbered.]

Amended and renumbered as 15-11-103 by Laws 1998, ch. 100, § 3.

Cross references. —

For present provisions, see § 15-11-103 .

§§ 22-23-504 through 22-23-506. [Renumbered.]

Renumbered as 15-11-104 through 15-11-106 by Laws 1998, ch. 100, § 4.

Cross references. —

For present provisions, see §§ 15-11-104 through 15-11-106 .

§ 22-23-507. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, prevented an interim vacancy in a municipal elective office prior to the effective date of the act.

Article 6. Terms of Office After First Election

§ 22-23-601. [Renumbered.]

Renumbered as 15-11-201 by Laws 1998, ch. 100, § 4.

Cross references. —

For present provisions, see § 15-11-201 .

§ 22-23-602. [Amended and renumbered.]

Amended and renumbered as 15-11-202 by Laws 1998, ch. 100, § 3.

Cross references. —

For present provisions, see § 15-11-202 .

§§ 22-23-603 through 22-23-605. [Renumbered.]

Renumbered as 15-11-203 through 15-11-205 by Laws 1998, ch. 100, § 4.

Cross references. —

For present provisions, see §§ 15-11-203 through 15-11-205 .

Article 7. Changing Form of Government

§§ 22-23-701 and 22-23-702. [Renumbered.]

Renumbered as 15-11-301 and 15-11-302 by Laws 1998, ch. 100, § 4.

Cross references. —

For present provisions, see §§ 15-11-301 and 15-11-302 .

Article 8. Special Elections

§ 22-23-801. “Special election” defined.

As used in this article, including W.S. 22-23-801 through 22-23-809 , the term “special election” means a municipal election on any question which may legally be submitted to the voters of a municipality other than at a regular municipal primary or general election or an election on the question of whether to incorporate.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-350.

§ 22-23-802. Proclamation; supplementation of advertisement.

The date of a special election and the location of polling places shall be proclaimed by the governing body of the municipality not more than thirty (30) nor less than fifteen (15) days before the special election. The proclamation shall state the purpose of the election and shall be published at least twice in a newspaper of general circulation in the municipality. The advertisement may be supplemented by the county or municipality as provided by W.S. 22-20-104(b).

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-351; Laws 1998, ch. 100, § 2.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-23-803. Polling places; election judges.

The governing body shall designate sufficient polling places to permit convenient voting and shall designate a sufficient number of qualified electors resident in the municipality to serve as judges of election. The judges of election at a municipal special election shall discharge the same duties as the judges of election at a regular statewide election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-352.

Cross references. —

For duties of judges of election at regular statewide elections, see §§ 22-12-101 to 22-14-114 and 22-15-108 .

§ 22-23-804. Ballots.

The municipal clerk shall provide ballots for the special election and shall deliver to each polling place ballots equal in number to the number of electors registered in the precinct plus twenty-five percent (25%).

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-353; Laws 1998, ch. 100, § 2; 2015, ch. 138, § 1.

The 2015 amendment, substituted “polling place” for “precinct polling place”.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-23-805. Poll lists.

Precinct poll lists for the special election shall be obtained by the municipal clerk from the county clerk and shall be paid for by the municipality. The municipal clerk shall furnish copies of the precinct poll lists to the judges of election. A copy of the precinct registry list shall be posted at each polling place during the special election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-354; Laws 1998, ch. 100, § 2; 2005, ch. 110, § 1; 2015, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, twice substituted “poll lists” for “registry lists.”

The 2015 amendment, in the third sentence, substituted “polling place” for “precinct polling place”.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

§ 22-23-806. Entries in and delivery of pollbook; elector not on lists.

The judges of election shall make the same entries in the pollbook as are required for statewide elections. Following the election the pollbook shall be delivered to the municipal clerk. If the name of a person offering to vote at a special municipal election is not on the poll lists, he may qualify to vote by signing an affidavit and if a judge of election obtains verification from the county clerk as provided in W.S. 22-15-105 and 22-15-106 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-355; Laws 1998, ch. 100, § 2; 2005, ch. 110, § 1.

The 2005 amendment, effective July 1, 2005, substituted “poll lists” for “registry lists.”

§ 22-23-807. Vote count and certification.

After the polls are closed, the judges of election shall count the vote and certify the result in writing to the municipal clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-356; Laws 1998, ch. 100, § 2.

§ 22-23-808. Canvassing vote; tie vote.

The governing body of the municipality shall meet not later than three (3) days after the election at the time specified by the mayor to canvass the result of the special election. A tie vote shall be broken by lots cast by the governing body.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-357.

§ 22-23-809. Certification of election results.

The governing body shall certify the result of the special election in writing and immediately post a copy of the certification in the office of the municipal clerk. The municipal clerk shall mail a copy of the proclamation to the county clerk.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-358; Laws 1985, ch. 204, § 1; 1998, ch. 100, § 2.

Article 9. Special Elections Following Incorporation

§ 22-23-901. Election of officers; petition.

  1. In addition to other provisions of law, any newly incorporated town may hold a special election for the election of officers to serve until successors are qualified following the next regularly scheduled election. Such special election shall not be held within ninety (90) days prior to a primary election.
  2. Following completion of incorporation, persons who petitioned the board of county commissioners for incorporation may petition the county clerk, in writing, to hold a special election for the election of officers. Immediately upon receipt of a petition, the county clerk, in consultation with the petitioners, shall set the date for the election and shall conduct the election in accordance with law.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-358.1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-23-902. Application; filing fee; form; names on ballot.

  1. Candidates for office shall file an application for election and the required filing fee, with the county clerk, not more than fifty-five (55) nor less than thirty-five (35) days prior to the election. The election application shall be in substantially the following form:

    ELECTION APPLICATION State of Wyoming County of ss I, , being years of age, a qualified elector of Election District No. , Precinct No. , Ward No. (if applicable), residing at , in the City of , State of Wyoming, do hereby request that my name be printed upon the Official Special Municipal Election Ballot for the special election to be held on , (year), in the City of , as a candidate for the office of I hereby declare that if elected I will qualify for the office. Dated the day of , (year). (Signature of Candidate)

    Click to view

  2. The county clerk shall place the name of each qualified candidate on the special election ballot.

History. Laws 1974, ch. 24, § 1; W.S. 1957, § 22.1-358.2; Laws 1998, ch. 100, § 2; 2014, ch. 108, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2014 amendment, in (a), inserted “residing at . . . . . . . . . . . . . . . . . . . ” near the beginning of the form, and deleted “ . . . . . (Residence Address)” at the end of the form.

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

Article 10. Initiative and Referendum

Am. Jur. 2d, ALR and C.J.S. references. —

62 C.J.S. Municipal Corporations § 311.

§ 22-23-1001. Ordinance by initiative petition; content.

An incorporated city or town having a commission form of government may propose a municipal ordinance by an initiative petition signed by ten percent (10%) of the qualified electors registered in the city or town and filed with the municipal clerk. The petition shall contain the proposed ordinance, the signatures and residence addresses of electors signing the petition, and the date of signing the petition. A petition proposing an ordinance must be submitted to the municipal clerk within ten (10) months of the date of the first signature supporting the petition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-359; Laws 1998, ch. 100, § 2.

§ 22-23-1002. Determining validity of petition; certification.

As soon as an initiative petition is filed, the municipal clerk shall determine whether it contains sufficient legal signatures. If the petition is legally sufficient, the clerk shall immediately certify it to the governing body of the municipality.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-360; Laws 1998, ch. 100, § 2.

§ 22-23-1003. Adoption by governing body or submission to electors.

An ordinance proposed by a valid initiative petition shall either be adopted within twenty (20) days by the governing body or submitted to a vote of the municipal electors at a special election to be held not more than sixty (60) nor less than twenty (20) days thereafter. The ordinance proposed may also be submitted to a vote of the municipal electors at a primary or general election only if a valid initiative petition is received not less than one hundred ten (110) days before the election if for a primary and not less than seventy (70) days before the election if for a general election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-361; 2011, ch. 38, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2011 amendment, effective July 1, 2011, deleted “unless the primary or general municipal election occurs within ninety (90) days, in which case the measure shall be submitted at the primary or general election” at the end of the first sentence, and added the second sentence.

§ 22-23-1004. Adoption by electors; repealing or amending.

  1. If a majority of the qualified electors voting on the question vote in favor of a proposed initiative ordinance, it is adopted and may not be repealed or amended except by a majority vote of the qualified electors of the municipality.
  2. The municipal governing body may submit to a vote of the people at a special election or a regular municipal, primary or general election, the question of repealing or amending an ordinance adopted by initiative petition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-362.

§ 22-23-1005. Ordinance adopted by governing body subject to referendum vote.

An ordinance adopted by a municipal governing body shall be subject to a referendum vote if a petition signed by ten percent (10%) of the qualified electors registered in the city or town is filed with the municipal clerk not later than twenty (20) days after the ordinance is first published after adoption as provided by law. To be counted the electors shall be registered voters when the completed petition is submitted for verification. The referendum petition shall set forth the ordinance in full and shall contain the signatures and residence addresses of persons signing the petition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-363; Laws 1998, ch. 100, § 2; 2010, ch. 44, § 1; 2011, ch. 38, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2010 amendment, effective July 1, 2010, substituted “twenty (20) days” for “ten (10) days.”

The 2011 amendment, effective July 1, 2011, inserted the present second sentence.

Erroneous rejection of signatures. —

It was error for a city clerk to reject signatures on a municipal referendum petition of voters who moved within the city without notifying the county clerk because this did not automatically disqualify the voters, as (1) Wyo. Stat. Ann. § 22-3-115(a) stated the criteria for cancelling a voter's registration, and, (2) under Wyo. Stat. Ann. § 22-3-116 , a registration could not be cancelled automatically. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

§ 22-23-1006. Legal sufficiency of referendum petition.

The municipal clerk shall determine if the referendum petition meets the requirements of W.S. 22-23-1005 , and if he finds a petition legally sufficient, he shall certify it to the governing body who shall suspend the ordinance.

History. Laws 1973, ch. 251,§ 1; W.S. 1957, § 22.1-364; Laws 1998, ch. 100, § 2.

Erroneous rejection of signatures. —

It was error for a city clerk to reject signatures on a municipal referendum petition of voters who moved within the city without notifying the county clerk because this did not automatically disqualify the voters, as (1) Wyo. Stat. Ann. § 22-3-115(a) stated the criteria for cancelling a voter's registration, and, (2) under Wyo. Stat. Ann. § 22-3-116 , a registration could not be cancelled automatically. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

§ 22-23-1007. Partial repeal of ordinance subject to referendum; acceptance or rejection by electors.

If the governing body does not entirely repeal an ordinance subject to referendum, it shall submit the question to the electors of the municipality in the same manner as an ordinance proposed by initiative petition. If a majority of the electors voting on the question favor rejection, the ordinance shall not become effective. If a majority of the electors voting on the question do not favor rejection, the ordinance shall become effective after the vote is canvassed.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-365.

Cross references. —

As to manner of submitting ordinance proposed by initiative petition, see § 22-23-1003 .

Chapter 24 Initiative and Referendum

Cross references. —

As to initiative and referendum in regard to municipal ordinances, see §§ 22-23-1001 to 22-23-1007 .

Secretary of state not to adopt rules implementing initiative and referendum. —

Since the constitutional provisions for initiative and referendum, coupled with applicable statutes, are considered self-executing and thereby require no act of implementation, neither art. 3, § 52, Wyo. Const. nor this chapter authorizes the secretary of state to adopt rules to implement procedures relative to initiative and referendum. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of signer of petition to withdraw therefrom or revoke withdrawal and time therefor, 27 ALR2d 604.

Article 1. In General

§ 22-24-101. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-366; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-102. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-367; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-103. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-368; Laws 1993, ch. 146, § 2; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-104. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-369; Laws 1995, ch. 83, § 1; 1998, ch. 100, §§ 2, 5; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-105. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-370; Laws 1995, ch. 83, § 1; 1998, ch. 100, § 2; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-106. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-371; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-107. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-372; Laws 2000, ch. 67, § 1; 2015, ch. 6, § 2; ch. 76, § 1.

§ 22-24-108. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-373; Laws 1995, ch. 83, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-109. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-374; Laws 1995, ch. 83, § 1; 1998, ch. 100, § 2; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-110. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-375; Laws 1996, ch. 99, § 1; 1998, ch. 100, § 2; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-111. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-376; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-112. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-377; Laws 2000, ch. 67, § 1; 2001, ch. 177, § 1; 2004, ch. 42, § 1; ch. 94, § 2; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-113. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-378; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-114. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-379; Laws 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-115. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-380; Laws 1985, ch. 157, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-116. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-381; 1998, ch. 100, § 2; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-117. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-382; 1995, ch. 83, § 1; 1998, ch. 100, § 2; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-118. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-383; 1993, ch. 201, § 2; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-119. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-384; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-120. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1973, ch. 251, § 1, related to the enactment of initiated measures and rejection by referendum.

§ 22-24-121. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-386; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-122. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-387; Laws 1995, ch. 83, § 1; 1996, ch. 66, § 1; 1998, ch. 100, § 2; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-123. [Repealed.]

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-388; Laws 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

§ 22-24-124. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1994, ch. 49, § 2, required a ballot statement of the estimated loss or gain in revenue where a proposal related to the investment of permanent state funds.

§ 22-24-125. [Repealed.]

History. Laws 1996, ch. 105, § 1; 1997, ch. 105, § 1; 2000, ch. 67, § 1; Repealed by Laws 2015, ch. 6, § 2.

Article 2. Paid Advertising in any Communication Medium or Printed Literature to Support, Oppose or Influence Legislation

§ 22-24-201. Paid advertising; penalty.

  1. Any group of persons who are associated for the purpose of raising, collecting or spending money for paid advertising in any communication media or for printed literature to support, oppose or otherwise influence legislation by the legislature of the state of Wyoming, which is or was the subject of a statewide initiative or referendum within the past four (4) years, shall:
    1. File a statement of formation listing the names and addresses of its chairman and treasurer with the secretary of state within ten (10) days after formation and prior to the publication, dissemination or broadcast of any paid advertising from the group;
    2. File with the secretary of state a statement of contributions and expenditures setting forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures, on a form prescribed by the secretary of state, on the last Friday in December of each calendar year. In addition to the annual report, while the legislature is in session, there shall be filed an interim monthly statement for each month or portion thereof that the legislature is in session, within ten (10) days of the first day of the month for the previous month;
    3. If the total contributions and expenditures reported under paragraph (a)(ii) of this section lists any contribution in excess of one thousand dollars ($1,000.00) from any source or sources other than an individual, the report shall include a full and complete disclosure of the funding source or sources of any nonindividual contributor which funded the advertising.
  2. Any group formed under this section shall file a termination report within thirty (30) days after it ceases the regulated activity but cessation of activity shall not relieve the group of the reporting requirement for that filing period.
  3. No group subject to this section shall pay for advertising in any communication media or printed literature without full disclosure of the name of the group.
  4. Nothing in this section shall require an individual or individuals who pay for advertising or literature to support, oppose or otherwise influence legislation to file under this section, provided the name of the individual or individuals is fully disclosed in the advertising or literature.
  5. As used in this section:
    1. “Communication media” means advertising on television, radio, in print media, on billboards and other electronic media;
    2. “Printed literature” means any printed material but shall not include any member association printed communication not intended for public dissemination, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons and yard signs.
  6. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor punishable as provided by W.S. 22-26-112 .

History. Laws 1993, ch. 201, § 1; 1998, ch. 100, § 2; 2015, ch. 76, § 1.

The 2015 amendment, effective July 1, 2015, substituted “contributions” for “receipts” in (a)(ii) and (a)(iii).

Article 3. Initiative

Effective dates. —

Laws 2015, ch. 6, § 3, makes this article effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8 of the Wyo. Const. Approved February 25, 2015.

§ 22-24-301. Right of initiative; limitations.

The people may propose and enact laws by the initiative. However, the initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, enact local or special legislation, enact anything prohibited by the constitution for enactment by the legislature, or enact anything that is substantially the same as that defeated by an initiative election within five (5) years preceding the time of filing of the petition.

History. Laws 2015, ch. 6, § 1.

§ 22-24-302. Application; filing and fee. [Effective until July 1, 2021]

An initiative shall be proposed by filing an application with the secretary of state. A fee of five hundred dollars ($500.00) shall accompany the application. This fee shall be deposited in the general fund.

History. Laws 2015, ch. 6, § 1.

The 2021 amendment, effective July 1, 2021, substituted "one thousand dollars ($1,000.00)" for "five hundred dollars ($500.00)."

§ 22-24-302. Application; filing and fee. [Effective July 1, 2021]

An initiative shall be proposed by filing an application with the secretary of state. A fee of one thousand dollars ($1,000.00) shall accompany the application. This fee shall be deposited in the general fund.

History. Laws 2015, ch. 6, § 1; 2021, ch. 51, § 1.

§ 22-24-303. Application; contents.

  1. The application shall be on a form prescribed by the secretary of state and shall include:
    1. The proposed bill to be initiated;
    2. The designation of a committee of three (3) applicants who shall represent all sponsors and subscribers in matters relating to the initiative; and
    3. A statement that the committee of applicants are qualified registered voters who signed the application with the proposed bill attached.

History. Laws 2015, ch. 6, § 1.

§ 22-24-304. Requirements as to proposed bill.

  1. In an initiative, the proposed bill shall be confined to one (1) subject, the entire subject of the bill shall be expressed in the title, the enacting clause shall be: “Be it enacted by the people of the state of Wyoming:” and the bill shall not include subjects restricted by W.S. 22-24-301 .
  2. In an initiative, concurrently with the filing of the application, the proposed bill shall be submitted by the committee of applicants to the secretary of state for review and comment. The proposed bill shall be in the format required for bills by W.S. 8-1-105 . If the secretary of state determines that the proposed bill is not in the format required, he shall provide the committee of applicants a copy of W.S. 8-1-105 and an example bill meeting the format, and shall request the committee revise and resubmit the proposed bill. Upon request of the secretary of state, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. No later than fourteen (14) calendar days after the date of submission, at a conference scheduled by the secretary of state, the secretary shall render to the committee of applicants comments on any problems encountered concerning the format or contents of the proposed bill. If the legislature is in session at the time the conference would otherwise be required to be held, then the conference shall be held within ten (10) days after the adjournment of the session. The comments shall not be disclosed prior to the conference with the committee of applicants but, at such time as the application is certified, the comments shall become a public record. After the conference but before certification the committee of applicants may amend the proposed bill in response to some or all of the comments of the secretary of state and resubmit the proposed bill in accordance with this subsection, or they may disregard the comments entirely. The committee of applicants shall notify the secretary of state in writing within five (5) calendar days after the conference whether the proposed bill will be amended. If the proposed bill is to be amended it shall be resubmitted for review and comment in accordance with this subsection. At any time the committee of applicants chooses not to amend or further amend a proposed bill, the committee of applicants may submit the proposed bill to the secretary of state for certification.
  3. No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants shall submit to the secretary of state the names, signatures, addresses and the date of signing of one hundred (100) qualified registered voters who will act as sponsors supporting the application and proposed bill in their final form. The committee of applicants may act as sponsors if duly qualified. The thirty (30) day requirement of this subsection shall be extended by the number of days any conference under subsection (b) of this section is delayed as a result of abatement of the conference during a legislative session.
  4. The legislative service office shall provide the secretary of state’s office with a template of the format required for bills by W.S. 8-1-105 . The secretary of state shall make the template available to the public in an electronic format on the official secretary of state website.

History. Laws 2015, ch. 6, § 1; 2016, ch. 34, § 1.

The 2016 amendment , effective July 1, 2016, in (b), added the second and fifth sentence; added the third sentence in (c); and added (d).

§ 22-24-305. Notice to committee.

Notice to the committee of applicants on any matter pertaining to the application and petition shall be served on any member of the committee in person, by mail, or electronically, addressed to a committee member at the address indicated on the application.

History. Laws 2015, ch. 6, § 1.

§ 22-24-306. Sponsors and circulators.

  1. The one hundred (100) qualified registered voters who subscribe to the application are designated as sponsors. The committee of applicants may designate additional qualified individuals to act as circulators of the petitions by giving written notice to the secretary of state signed by one (1) member of the committee of applicants verifying under oath the names, qualifications and addresses of those so designated. An individual shall not be qualified to act as a circulator unless he is a citizen of the United States and is at least eighteen (18) years of age. A member of the committee of applicants may act as a circulator if duly qualified.
  2. The committee of applicants shall file contribution and expenditure reports as required by W.S. 22-25-106 .

History. Laws 2015, ch. 6, § 1; 2016, ch. 78, § 1.

The 2016 amendment , effective July 1, 2016, substituted “applicants” for “sponsors” and “contribution” for “receipt” in (b).

Editor's notes. —

The Revisor’s Bill, Laws 2016, ch. 78, § 2, states as follows: “ Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 22-24-307. Review by secretary of state; conditional certification.

Within seven (7) calendar days after receiving a final proposed bill, the secretary of state shall review the proposed bill and its associated application and shall either conditionally certify it, pending submission of the qualified signatures required by W.S. 22-24-304(c), or notify the committee of applicants in writing of the grounds for denial.

History. Laws 2015, ch. 6, § 1; 2016, ch. 78, § 1.

The 2016 amendment , effective July 1, 2016, substituted “22-24-304(c)” for “22-24-304(e).”

Editor's notes. —

The Revisor’s Bill, Laws 2016, ch. 78, § 2, states as follows: “ Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 22-24-308. Grounds for denying certification of initiative application.

  1. The secretary of state shall deny final certification of an initiative application if he determines that:
    1. The proposed bill to be initiated is not in the required form, including the requirements of W.S. 8-1-105 ;
    2. The application is not in the required form;
    3. The committee of applicants failed to submit a sufficient number of qualified registered voters as sponsors within thirty (30) days after submitting its final proposed bill and application for certification; or
    4. The proposed bill was not submitted for review and comment in accordance with W.S. 22-24-304 .

History. Laws 2015, ch. 6, § 1; 2016, ch. 34, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2016 amendment , effective July 1, 2016, added “including the requirements of W.S. 8-1-105 ” at the end of (a)(i).

§ 22-24-309. Fiscal impact.

  1. Upon the certification or conditional certification of any initiative application, if in the opinion of the secretary of state the proposed bill will have a fiscal impact on the state, the secretary of state shall prepare an estimate and explanation of the fiscal impact. The explanation shall include a statement that it is an estimate of fiscal impact to the state only and does not include an estimate of any impact upon political subdivisions. Upon request of the secretary of state, any agency in the executive department shall render assistance in preparing the estimate and explanation of fiscal impact.
  2. No later than fourteen (14) days after final certification of an initiative application, the secretary of state shall render to the committee of applicants its fiscal impact estimate and explanation. If the committee believes that the secretary of state’s estimate is inaccurate, within fourteen (14) days after receiving the secretary of state’s estimate and explanation, the committee of applicants may submit to the secretary of state its own estimate and explanation of fiscal impact. Upon receiving the committee of applicants’ estimate and explanation, the secretary of state may revise its estimate if in the opinion of the secretary of state the committee demonstrates that the secretary of state’s estimate is inaccurate. If the final estimated fiscal impact by the secretary of state and the final estimated fiscal impact by the committee of applicants differ by more than twenty-five thousand dollars ($25,000.00), the secretary of state’s comments under the ballot proposition shall contain an estimated range of fiscal impact reflecting both estimates.

History. Laws 2015, ch. 6, § 1.

§ 22-24-310. Petitions; generally.

  1. Upon final certification of an initiative application and the finalization of any fiscal estimate pursuant to W.S. 22-24-309 , the secretary of state shall prescribe the form of and prepare petitions containing:
    1. A copy of the proposed bill;
    2. An impartial summary of the subject matter of the bill;
    3. The warning required by W.S. 22-24-311 ;
    4. Sufficient space for printed names, signatures and addresses;
    5. If a circulator will be paid to solicit signatures on a petition, each signature page circulated by that circulator shall contain, in twelve (12) point or larger black boldface type, the following statement: “This circulator is being paid to solicit signatures for this ballot proposition.” The statement shall be prominently displayed and made visible to the petition signer by the circulator; and
    6. Other specifications necessary to assure proper handling and control.
  2. Pursuant to rules adopted by the secretary of state, petitions, for purposes of circulation, shall be prepared by the secretary of state at the sponsor’s expense. Petitions shall be printed in a number reasonably calculated to allow full circulation throughout the state. A paid circulator shall solicit signatures on a petition only if each signature page circulated by that circulator contains the statement required under paragraph (a)(v) of this section.
  3. The secretary of state shall number each petition and shall keep a record of the petitions.
  4. Upon request of the committee of applicants, the secretary of state shall report the number of persons who voted in the preceding general election.
  5. The secretary of state, on any printed material circulated by the secretary of state describing the proposition, shall include notice whether any paid circulator was used to gather signatures as required by paragraph (a)(v) of this section.

History. Laws 2015, ch. 6, § 1.

§ 22-24-311. Petitions; statement of warning.

Each petition shall include a statement of warning that a person who signs a name other than his own on the petition, or who knowingly signs his name more than once for the same proposition at one (1) election, or who signs the petition knowing that he is not a qualified registered voter, upon conviction, is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year or both.

History. Laws 2015, ch. 6, § 1.

§ 22-24-312. Petitions; circulation; contests.

  1. The petitions shall be circulated throughout the state only by a sponsor or an individual designated in accordance with W.S. 22-24-306 as a circulator and only in person.
  2. Any person may contest the qualifications of an individual designated as a circulator by filing a petition in the district court within ten (10) days of the solicitation activity. The court shall hear and decide any such action within five (5) days from the date the petition is filed.
  3. Any party prevailing in any action filed pursuant to subsection (b) of this section may be awarded costs and reasonable attorney’s fees by the court. The court shall notify the secretary of state of its findings as to the qualifications of a circulator within five (5) days of the determination.

History. Laws 2015, ch. 6, § 1.

§ 22-24-313. Petitions; subscribing to and withdrawing name.

Any qualified registered voter may subscribe to the petition by signing his name and listing his address. A person who has signed the petition may withdraw his name only by giving written notice of his printed name, residence and contact information to the secretary of state before the time that the petition is filed.

History. Laws 2015, ch. 6, § 1.

Law reviews. —

For case note, “Administrative Law — Initiative and Referendum. Initiative Petitions in Wyoming — The Presumption of Validity and the Secretary of State's Review. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982),” see XVIII Land & Water L. Rev. 857 (1983).

§ 22-24-314. Petitions; verification.

  1. Before a petition is filed, it shall be verified by the sponsor or circulator who personally circulated it. The verification shall be in affidavit form and shall state in substance that:
    1. The person signing the affidavit is a sponsor or an individual designated and qualified in accordance with W.S. 22-24-306 and is the only circulator of that petition;
    2. The signatures on the petition were made in his presence; and
    3. To the best of his knowledge, such signatures are those of the persons whose names they purport to be.
  2. In determining the sufficiency of the petition, the secretary of state shall not:
    1. Count signatures on petitions not properly verified;
    2. Count signatures on a petition circulated by an individual who has been determined not to be a qualified circulator pursuant to W.S. 22-24-312 or by the secretary of state in accordance with rules of his office.

History. Laws 2015, ch. 6, § 1.

Affidavit of verification does not raise presumption of petition's validity. —

The affidavit of verification of an initiative petition required by this section, which verifies that the signatures appearing thereon are “those of the persons whose names they purport to be,” is not a safeguard sufficient to create a presumption that the signers are qualified registered voters and that the petition is valid. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Law reviews. —

For case note, “Administrative Law — Initiative and Referendum. Initiative Petitions in Wyoming — The Presumption of Validity and the Secretary of State's Review. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982),” see XVIII Land & Water L. Rev. 857 (1983).

§ 22-24-315. Petitions; filing by sponsors.

  1. Petitions may be filed with the secretary of state if signed by a sufficient number of qualified registered voters as required by the Wyoming constitution.
  2. Petitions for an initiative shall be submitted to the secretary of state for verification within the eighteen (18) month period following the date the first set of petition forms are provided to the sponsors. Any petition not submitted within the eighteen (18) month period is void for all purposes.

History. Laws 2015, ch. 6, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Quoted in

Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982); Wyoming Nat'l Abortion Rights Action League v. Karpan, 881 P.2d 281, 1994 Wyo. LEXIS 100 (Wyo. 1994).

Law reviews. —

For case note, “Administrative Law — Initiative and Referendum. Initiative Petitions in Wyoming — The Presumption of Validity and the Secretary of State's Review. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982),” see XVIII Land & Water L. Rev. 857 (1983).

§ 22-24-316. Petitions; review by secretary of state.

  1. Within not more than sixty (60) days of the date all petitions are filed, the secretary of state shall review the petitions and shall notify the committee of applicants whether the petitions were properly or improperly filed. The petitions shall be determined to be improperly filed if:
    1. There is an insufficient total number of signatures of qualified registered voters; or
    2. There is an insufficient number of signatures of qualified registered voters in at least two-thirds (2/3) of the counties of the state.

History. Laws 2015, ch. 6, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

“Qualified voter” and “qualified registered voter” synonymous. —

The term “qualified voter,” required by art. 3, § 52(c), Wyo. Const., to sign an initiative petition, is synonymous with the term “qualified registered voter,” required, pursuant to subsection (a)(i), to be counted as a valid signature on an initiative petition by the secretary of state. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Secretary of state may not presume persons registered to vote. —

Under this section, the secretary of state must determine whether there is a sufficient number of qualified registered voters on petitions for an initiative; the secretary has no authority to presume persons are registered to vote. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Appropriate general election. —

The appropriate general election for determining the total number of signatures necessary to put an initiative on the ballot is the one preceding the time the accumulated petitions are submitted to the secretary of state. Wyoming Nat'l Abortion Rights Action League v. Karpan, 881 P.2d 281, 1994 Wyo. LEXIS 100 (Wyo. 1994).

Law reviews. —

For case note, “Administrative Law — Initiative and Referendum. Initiative Petitions in Wyoming — The Presumption of Validity and the Secretary of State's Review. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982),” see XVIII Land & Water L. Rev. 857 (1983).

§ 22-24-317. Ballot proposition; preparation and contents.

  1. If a sufficient number of qualified petitions are filed, the secretary of state, with the assistance of the attorney general, shall prepare a ballot proposition. The ballot proposition shall give a true and impartial summary of the proposed law, including the estimated fiscal impact or range of estimated fiscal impact on the state and explanation of the impact prepared in accordance with W.S. 22-24-309 , and shall make provision for approval and for disapproval thereof.
  2. When any proposal relating to the investment of the permanent funds of the state of Wyoming is placed on the ballot, the secretary of state shall include in the ballot statement an estimate from the state treasurer of the estimated loss or gain in revenue from the proposal. If the final estimated loss or gain by the state treasurer and the final estimated loss or gain by the committee of sponsors of the ballot proposition differ by more than twenty-five thousand dollars ($25,000.00), the ballot statement shall contain the range of estimated loss or gain reflecting both estimates.

History. Laws 2015, ch. 6, § 1.

§ 22-24-318. Ballot proposition; procedure for placing on ballot; publication requirements.

  1. Except as required under subsection (b) of this section, the same procedure for placing constitutional amendment questions on the ballot shall be used to place the initiative ballot proposition on the ballot.
  2. The ballot proposition for an initiative shall be published by the secretary of state in a newspaper of general circulation in the state in the newspaper edition immediately preceding the general election. Publication under this subsection shall contain the text of the initiative ballot and shall identify both a physical location and a web site address or other electronic location where the entire text of the initiative can be viewed.

History. Laws 2015, ch. 6, § 1.

Cross references. —

For procedure for placing constitutional amendment questions on ballot, see §§ 22-20-101 to 22-20-109 .

§ 22-24-319. Ballot proposition; when placed on ballot.

  1. The ballot proposition for an initiative shall be placed on the election ballot of the first statewide general election that is held after:
    1. A sufficient number of qualified petitions were filed;
    2. A legislative session has convened and adjourned; and
    3. A period of one hundred twenty (120) days has expired since the adjournment of the legislative session. If the attorney general determines that an act of the legislature enacted after the petition is filed is substantially the same as the proposed law, the petition shall be void and the ballot proposition shall not be placed on the election ballot, and the secretary of state shall so notify the committee of applicants.

History. Laws 2015, ch. 6, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

§ 22-24-320. Insufficiency of application or petition.

An initiative submitted to the voters shall not be void because of the insufficiency of the application or petitions by which the submission was procured.

History. Laws 2015, ch. 6, § 1.

§ 22-24-321. Action for review of determination.

Any person aggrieved by any determination made under this article, by the secretary of state or by the attorney general, may bring an action in the district court of Laramie county to have the determination reviewed by filing application within thirty (30) days of the date on which notice of the determination was given.

History. Laws 2015, ch. 6, § 1.

§ 22-24-322. Penalties.

  1. Any person who signs a name other than his own on a petition for initiative, or who knowingly signs his name more than once for the same proposition at one (1) election, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
  2. Any member of the committee of applicants, sponsor or circulator who knowingly and willfully makes a false verification of the qualifications of a circulator pursuant to W.S. 22-24-306(a) or knowingly and willfully makes a false verification under W.S. 22-24-314 , shall be guilty of false swearing and subject to the penalties provided by W.S. 22-26-101 .

History. Laws 2015, ch. 6, § 1.

§ 22-24-323. Petitions; payment for signatures; misrepresentation of petition; prohibition; penalty.

  1. A circulator of an initiative petition or a person who causes the circulation of an initiative petition may not pay or offer to pay any compensation to another person for that person’s signature on the initiative petition.
  2. A circulator of an initiative petition or a person who causes the circulation of an initiative petition shall not collect another person’s signature on the petition by knowingly making a false statement with respect to or otherwise misrepresenting the proposed law contained within the initiative petition. A violation of this subsection is subject to the penalty imposed under W.S. 22-24-322(a).

History. Laws 2015, ch. 6, § 1.

Article 4. Referendum

Effective dates. —

Laws 2015, ch. 6, § 3, makes this article effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8 of the Wyo. Const. Approved February 25, 2015.

§ 22-24-401. Right of referendum; limitations.

The people may approve or reject acts of the legislature by the referendum. However, the referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety.

History. Laws 2015, ch. 6, § 1.

§ 22-24-402. Application; filing and fee. [Effective until July 1, 2021]

A referendum shall be proposed by filing an application with the secretary of state. A fee of five hundred dollars ($500.00) shall accompany the application. This fee shall be deposited in the general fund.

History. Laws 2015, ch. 6, § 1.

The 2021 amendment, effective July 1, 2021, substituted "one thousand dollars ($1,000.00)" for "five hundred dollars ($500.00)."

§ 22-24-402. Application; filing and fee. [Effective July 1, 2021]

A referendum shall be proposed by filing an application with the secretary of state. A fee of one thousand dollars ($1,000.00) shall accompany the application. This fee shall be deposited in the general fund.

History. Laws 2015, ch. 6, § 1; 2021, ch. 51, § 1.

§ 22-24-403. Application; contents.

  1. The application shall be on a form prescribed by the secretary of state and shall include:
    1. The act to be referred;
    2. The designation of a committee of three (3) applicants who shall represent all sponsors and subscribers in matters relating to the referendum;
    3. The signatures and addresses of not less than one hundred (100) sponsors who shall be qualified registered voters; and
    4. A statement that the committee of applicants are qualified registered voters who signed the application with the proposed act attached.

History. Laws 2015, ch. 6, § 1.

§ 22-24-404. Notice to committee.

Notice to the committee of applicants on any matter pertaining to the application and petition shall be served on any member of the committee in person, by mail or electronically addressed to a committee member at the address indicated on the application.

History. Laws 2015, ch. 6, § 1.

§ 22-24-405. Sponsors and circulators.

  1. The one hundred (100) qualified registered voters who subscribe to the application are designated as sponsors. The committee of applicants may designate additional qualified individuals to act as circulators of the petitions by giving written notice, signed by one (1) member of the committee of applicants, to the secretary of state verifying under oath the names, qualifications and addresses of those so designated. An individual shall not be qualified to act as a circulator unless he is a citizen of the United States and is at least eighteen (18) years of age. A member of the committee of applicants may act as a circulator if duly qualified.
  2. The committee of applicants shall file receipt and expenditure reports as required by W.S. 22-25-106 .

History. Laws 2015, ch. 6, § 1.

§ 22-24-406. Grounds for denying certification of initiative or referendum application.

  1. The secretary of state shall deny certification of a referendum application if he determines that:
    1. The committee of applicants failed to submit a sufficient number of qualified registered voters as sponsors;
    2. The application is not substantially in the required form; or
    3. More than ninety (90) days have expired since the adjournment of the legislative session at which the act being referred was passed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-407. Petitions; generally.

  1. If the application is certified, the secretary of state shall prescribe the form of and prepare petitions containing:
    1. A copy of the act to be referred;
    2. An impartial summary of the subject matter of the act to be referred;
    3. The warning required by W.S. 22-24-408 ;
    4. Sufficient space for printed names, signatures and addresses;
    5. If a circulator will be paid to solicit signatures on a petition, each signature page circulated by that circulator shall contain, in twelve (12) point or larger black boldface type, the following statement: “This circulator is being paid to solicit signatures for this ballot proposition.” The statement shall be prominently displayed and made visible to the petition signer by the circulator; and
    6. Other specifications necessary to assure proper handling and control.
  2. Pursuant to rules adopted by the secretary of state, petitions, for purposes of circulation, shall be prepared by the secretary of state at the sponsor’s expense. Petitions shall be printed in a number reasonably calculated to allow full circulation throughout the state. A paid circulator shall solicit signatures on a petition only if each signature page circulated by that circulator contains the statement required under paragraph (a)(v) of this section.
  3. The secretary of state shall number each petition and shall keep a record of the petitions.
  4. Upon request of the committee of applicants, the secretary of state shall report the number of persons who voted in the preceding general election.
  5. The secretary of state, on any printed material circulated by the secretary of state describing the proposition, shall include notice whether any paid circulator was used to gather signatures as required by paragraph (a)(v) of this section.

History. Laws 2015, ch. 6, § 1.

§ 22-24-408. Petitions; statement of warning.

Each petition shall include a statement of warning that a person who signs a name other than his own on the petition, or who knowingly signs his name more than once for the same proposition at one (1) election, or who signs the petition knowing that he is not a qualified registered voter, upon conviction, is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year, or both.

History. Laws 2015, ch. 6, § 1.

§ 22-24-409. Petitions; circulation; contests.

  1. The petitions shall be circulated throughout the state only by a sponsor or an individual designated in accordance with W.S. 22-24-405 as a circulator and only in person.
  2. Any person may contest the qualifications of an individual designated as a circulator by filing a petition in the district court within ten (10) days of the solicitation activity. The court shall hear and decide any such action within five (5) days from the date the petition is filed.
  3. Any party prevailing in any action filed pursuant to subsection (b) of this section may be awarded costs and reasonable attorney’s fees by the court. The court shall notify the secretary of state of its findings as to the qualifications of a circulator within five (5) days of the determination.

History. Laws 2015, ch. 6, § 1.

§ 22-24-410. Petitions; subscribing to and withdrawing name.

Any qualified registered voter may subscribe to the petition by signing his name and listing his address. A person who has signed the petition may withdraw his name only by giving written notice of his printed name, residence and contact information to the secretary of state before the time that the petition is filed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-411. Petitions; verification.

  1. Before a petition is filed, it shall be verified by the sponsor or circulator who personally circulated it. The verification shall be in affidavit form and shall state in substance that:
    1. The person signing the affidavit is a sponsor or an individual designated and qualified in accordance with W.S. 22-24-405 and is the only circulator of that petition;
    2. The signatures on the petition were made in his presence; and
    3. To the best of his knowledge, such signatures are those of the persons whose names they purport to be.
  2. In determining the sufficiency of the petition, the secretary of state shall not:
    1. Count signatures on petitions not properly verified;
    2. Count signatures on a petition circulated by an individual who has been determined not to be a qualified circulator pursuant to W.S. 22-24-409 or by the secretary of state in accordance with rules of his office.

History. Laws 2015, ch. 6, § 1.

§ 22-24-412. Petitions; filing by sponsors.

Petitions may be filed with the secretary of state if signed by a sufficient number of qualified registered voters as required by the Wyoming constitution. Petitions may be filed only within ninety (90) days after the adjournment of the legislative session at which the act was passed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-413. Petitions; review by secretary of state.

  1. Within not more than sixty (60) days of the date all petitions are filed, the secretary of state shall review the petitions and shall notify the committee of applicants whether the petitions were properly or improperly filed. The petitions shall be determined to be improperly filed if:
    1. There is an insufficient total number of signatures of qualified registered voters;
    2. There is an insufficient number of signatures of qualified registered voters in at least two-thirds (2/3) of the counties of the state; or
    3. The petitions for referendum were not filed within ninety (90) days after the adjournment of the legislative session at which the act was passed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-414. Ballot proposition; preparation and contents.

If a sufficient number of qualified petitions are filed, the secretary of state, with the assistance of the attorney general, shall prepare a ballot proposition. The ballot proposition shall give a true and impartial summary of the referred act and shall make provision for approval and for disapproval thereof.

History. Laws 2015, ch. 6, § 1.

§ 22-24-415. Ballot proposition; procedure for placing on ballot; publication requirements.

  1. Except as required under subsection (b) of this section, the same procedure for placing constitutional amendment questions on the ballot shall be used to place the referendum ballot proposition on the ballot.
  2. The ballot proposition for a referendum shall be published by the secretary of state in a newspaper of general circulation in the state in the newspaper edition immediately preceding the general election. Publication under this subsection shall contain the text of the referendum ballot and shall identify both a physical location and a web site address or other electronic location where the entire text of the referendum can be viewed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-416. Ballot proposition; when placed on ballot.

The ballot proposition for a referendum shall be placed on the election ballot of the first statewide general election held more than one hundred eighty (180) days after adjournment of the legislative session at which the act was passed.

History. Laws 2015, ch. 6, § 1.

§ 22-24-417. Insufficiency of application or petition.

A referendum submitted to the voters shall not be void because of the insufficiency of the application or petitions by which the submission was procured.

History. Laws 2015, ch. 6, § 1.

§ 22-24-418. Action for review of determination.

Any person aggrieved by any determination made under this article, by the secretary of state or by the attorney general, may bring an action in the district court of Laramie county to have the determination reviewed by filing application within thirty (30) days of the date on which notice of the determination was given.

History. Laws 2015, ch. 6, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

Applicability. —

Thirty-day period of limitations does not apply to bar constitutional challenges seeking declaratory and injunctive relief from a law adopted by the initiative process. Cathcart v. Meyer, 2004 WY 49, 88 P.3d 1050, 2004 Wyo. LEXIS 62 (Wyo. 2004).

When a voter contested a city clerk's rejection of signatures on a municipal referendum petition, a district court did not have jurisdiction to hear the voter's declaratory judgment petition under former Wyo. Stat. Ann. § 22-24-122 because that statute was clearly limited to review of a determination made by the “secretary of state or by the attorney general” relating to statewide initiatives and referenda, so it was error for the court to determine that the city clerk acted arbitrarily and capriciously in reviewing the petition as he did. City of Casper v. Holloway, 2015 WY 93, 354 P.3d 65, 2015 Wyo. LEXIS 109 (Wyo. 2015).

Action timely commenced. —

Since the pro-choice advocates brought their action for declaratory and injunctive relief as to all issues within the 30-day period following the determination by the secretary of state that the initiative qualified for the ballot, it was a timely action under the statute. Wyoming Nat'l Abortion Rights Action League v. Karpan, 881 P.2d 281, 1994 Wyo. LEXIS 100 (Wyo. 1994).

§ 22-24-419. Penalties.

  1. Any person who signs a name other than his own on a petition for referendum, or who knowingly signs his name more than once for the same proposition at one (1) election, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
  2. Any member of the committee of applicants, sponsor or circulator who knowingly and willfully makes a false verification of the qualifications of a circulator pursuant to W.S. 22-24-405(a) or knowingly and willfully makes a false verification under W.S. 22-24-411 , shall be guilty of false swearing and subject to the penalties provided by W.S. 22-26-101 .

History. Laws 2015, ch. 6, § 1.

Quoted in

Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Law reviews. —

For case note, “Administrative Law — Initiative and Referendum. Initiative Petitions in Wyoming — The Presumption of Validity and the Secretary of State's Review. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982),” see XVIII Land & Water L. Rev. 857 (1983).

§ 22-24-420. Petitions; payment for signatures; misrepresentation of petition; prohibition; penalty.

  1. Repealed by Laws 2018, ch. 118, §  2.
  2. A circulator of a referendum petition or a person who causes the circulation of a referendum petition may not pay or offer to pay any compensation to another person for that person’s signature on the referendum petition.
  3. A circulator of a referendum petition or a person who causes the circulation of a referendum petition shall not collect another person’s signature on the petition by knowingly making a false statement with respect to or otherwise misrepresenting the referred act contained within the referendum petition. A violation of this subsection is subject to the penalty imposed under W.S. 22-24-419(a).

History. Laws 2015, ch. 6, § 1; 2018, ch. 118, § 2.

The 2018 amendment, repealed former (a), which read: "A circulator of a referendum petition or a person who causes the circulation of a referendum petition may not receive payment for the collection of signatures if that payment is based upon the number of signatures collected. Nothing in this section prohibits a circulator of a referendum petition or a person who causes the circulation of a referendum petition from being paid a salary that is not based upon the number of signatures collected."

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Chapter 25 Campaign Practices

Cross references. —

For provision making this chapter applicable to municipal elections, see § 22-23-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 352 to 355, 449 to 468.

Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery, 55 ALR2d 1137.

Validity and construction of orders and enactments requiring public officers and employees, or candidates for office, to disclose financial condition, interests, or relationships, 22 ALR4th 237.

Validity, construction and application of provisions of Federal Election Campaign Act of 1971 (2 U.S.C. §§ 431 to 454) pertaining to disclosure of campaign funds, 18 ALR Fed 949.

Validity, construction and application of 42 U.S.C. § 1973i(c) making it federal offense with respect to federal elections to give false information in registering or voting or to pay or accept payment for registering or voting, 23 ALR Fed 463.

29 C.J.S. Elections §§ 337 to 353.

§ 22-25-101. Definitions; statement of formation.

  1. Repealed by Laws 1998, ch. 100, § 5.
  2. A political action committee and a candidate’s campaign committee, except those formed under federal law, shall file a statement of formation within ten (10) days after formation. This filing is required when any political action committee or candidate’s campaign committee is formed, whether before an election to aid in the campaign or formed after an election to defray campaign debts incurred. The chairman and treasurer of a committee shall be separate individuals. The statement of formation shall list the name and mailing address of the committee, name and address of the committee chairman and treasurer, date committee formed and the purpose of committee. The statement of formation shall be filed in those offices as provided by W.S. 22-25-107 .
  3. As used in this chapter:
    1. “Electioneering communication” means, except as otherwise provided by paragraph (ii) of this subsection, any communication, including an advertisement, which is publicly distributed as a billboard, brochure, email, mailing, magazine, pamphlet or periodical, as the component of an internet website or newspaper or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, telephone or cellular system, television station or satellite system and which:
      1. Refers to or depicts a clearly identified candidate for nomination or election to public office or a clearly identified ballot proposition and which does not expressly advocate the nomination, election or defeat of the candidate or the adoption or defeat of the ballot proposition;
      2. Can only be reasonably interpreted as an appeal to vote for or against the candidate or ballot proposition;
      3. Is made within thirty (30) calendar days of a primary election, sixty (60) calendar days of a general election or twenty-one (21) calendar days of any special election during which the candidate or ballot proposition will appear on the ballot; and
      4. Is targeted to the electors in the geographic area:
        1. The candidate would represent if elected; or
        2. Affected by the ballot proposition.
    2. “Electioneering communication” does not mean:
      1. A communication made by an entity as a component of a newsletter or other internal communication of the entity which is distributed only to members or employees of the entity;
      2. A communication consisting of a news report, commentary or editorial or a similar communication, protected by the first amendment to the United States constitution and article 1, section 20 of the Wyoming constitution, which is distributed as a component of an email, internet website, magazine, newspaper or periodical or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, television station or satellite system;
      3. A communication made as part of a public debate or forum that invites at least two (2) opposing candidates for public office or one (1) advocate and one (1) opponent of a ballot proposition or a communication that promotes the debate or forum and is made by or on behalf of the person sponsoring or hosting the debate or forum;
      4. The act of producing or distributing an electioneering communication.
    3. “Independent expenditure” means an expenditure that is made without consultation or coordination with a candidate, candidate’s campaign committee or the agent of a candidate or candidate’s campaign committee and which expressly advocates the:
      1. Nomination, election or defeat of a candidate; or
      2. Adoption or defeat of a ballot proposition.

History. Laws 1977, ch. 186,§ 1; W.S. 1957, § 22.1-389.1; Laws 1985, ch. 204,§ 1; 1991, ch. 243, § 2; 1997, ch. 96, § 1; 1998, ch. 100, § 5; 2000, ch. 66, § 1; 2019, ch. 1, § 1.

The 2019 amendment, effective July 1, 2019, added (c).

§ 22-25-102. Contribution of funds or election assistance restricted; limitation on contributions; right to communicate; civil penalty.

  1. Except as otherwise provided in this section, no organization of any kind including a corporation, partnership, trade union, professional association or civic, fraternal or religious group or other profit or nonprofit entity except a political party, political action committee or candidate’s campaign committee organized under W.S. 22-25-101 , directly or indirectly through any officer, member, director or employee, shall contribute funds, other items of value or election assistance directly to any candidate or candidate’s campaign committee or to any political party or political action committee which directly coordinates with a candidate or a candidate’s campaign committee. The secretary of state shall promulgate rules to define direct coordination as prohibited by this section. No person shall solicit or receive a payment or contribution from an organization prohibited from making contributions under this subsection.
  2. Except as otherwise provided in this section, only a natural person, political party, or a political action committee or a candidate’s campaign committee organized under W.S. 22-25-101 shall contribute funds or election assistance directly to any candidate or group of candidates. No person shall solicit or receive a political payment or contribution from any source other than a natural person, political party, political action committee or candidate’s campaign committee organized under W.S. 22-25-101 .
  3. Except as otherwise provided in this section, no individual other than the candidate, or the candidate’s immediate family shall contribute directly or indirectly:
    1. To any candidate for statewide political office, or to any candidate for statewide political office’s candidate’s campaign committee:
      1. More than two thousand five hundred dollars ($2,500.00) per election; and
      2. Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the date for the primary election. This subparagraph shall not apply to any candidate unopposed in the primary election or nominated in accordance with W.S. 22-4-303 or 22-5-301 .
    2. To any candidate for nonstatewide political office, or to any candidate for nonstatewide political office’s candidate’s campaign committee:
      1. More than one thousand five hundred dollars ($1,500.00) per election; and
      2. Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the  date for the primary election. This subparagraph shall not apply to any candidate unopposed in the primary election or nominated in accordance with W.S. 22-4-303 or 22-5-301 .
    3. Repealed by Laws 2015, ch. 80 §  1.
  4. Repealed by Laws 2019, ch. 1, § 2.
  5. Any corporation, person or organization violating the provisions of subsection (a), (b), (c), (j), (m) or (n) of this section is subject to a civil penalty up to  five thousand dollars ($5,000.00) and costs including a reasonable attorney’s fee for a first violation and up to ten thousand dollars ($10,000.00) and costs including a reasonable attorney’s fee for a second or subsequent violation which shall be imposed in a court of competent jurisdiction. The amount of penalty imposed shall be in such amount as will deter future actions of a similar nature. An action to impose the civil penalty may be prosecuted by and in the name of any candidate adversely affected by the transgression, any political party, any county attorney, any district attorney or the attorney general. Proceeds of the penalty collected shall be paid to the state treasurer and credited as provided in W.S. 8-1-109 .
  6. Direct contributions from any organization affiliated with a political party do not violate subsection (a) of this section. These contributions shall be a matter of internal party governance. Contributions to political parties are not subject to the limits of subsection (c) of this section provided the contributions are available to use as the appropriate party authorities choose and are not exclusively dedicated to any particular candidate. Contributions donated to a political party which are designated by the donor to be used only for a particular candidate and no other purpose are subject to the limitations of subsection (c) and of this section.
  7. The prohibitions in this section do not apply to contributions of funds or other items of value to political parties for the purpose of supporting multi-state or national political party conferences or conventions. Any contribution made pursuant to this subsection shall also comply with all applicable federal election commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferences or conventions shall file an itemized statement of contributions and expenditures with the secretary of state within ten (10) days after the conference or convention.
  8. No organization of any kind, as specified in subsection (a) of this section, shall solicit or obtain contributions for any of the purposes specified in subsection (a) of this section from an individual on an automatic basis, including but not limited to a payroll deduction plan or reverse checkoff method, unless the individual who is contributing affirmatively consents in writing to the contribution. Nothing in this subsection shall be construed to authorize contributions otherwise prohibited under this election code.
  9. For purposes of subsection (c) of this section the primary, general and special elections shall be deemed separate elections. No candidate for political office shall accept, directly or indirectly, contributions which violate subsection (c) of this section. Contributions to a candidate’s campaign committee shall be considered to be contributions to the candidate. Subsection (c) of this section does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate’s campaign committee funds.
  10. The prohibitions in this section shall not be construed to prohibit any organization of any kind including a corporation, partnership, trade union, professional association or civic, fraternal or religious group or other profit or nonprofit entity from:
    1. Exercising its first amendment rights to cause electioneering communications or independent expenditures to be made;
    2. Bearing any portion of a political action committee’s administrative costs or costs of soliciting contributions.
  11. Except as otherwise provided in this section, no political action committee shall contribute directly or indirectly more than five thousand dollars ($5,000.00) per election to any candidate for political office other than statewide political office. For purposes of this subsection the primary, general and special elections shall be deemed separate elections. No candidate for political office shall accept, directly or indirectly, contributions which violate this subsection. Contributions to a candidate’s campaign committee shall be considered to be contributions to the candidate. This subsection does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate’s campaign committee funds.
  12. Contributions donated to a political action committee which are designated by the donor to be used only for a particular candidate and no other purpose are subject to the limitations of subsection (c) of this section.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.2; Laws 1981 Sp. Sess., ch. 22, § 1; 1985, ch. 204, § 1; 1991, ch. 243, § 2; 1997, ch. 96, § 1; 1998, ch. 100, § 2; 2005, ch. 157, § 2; 2009, ch. 174, § 1; 2011, ch. 74, § 1; 2013, ch. 189, § 1; 2015, ch. 76, § 1; ch. 80, § 1; ch. 160, § 1; 2019, ch. 1, §§ 1, 2; 2020, ch. 100, § 1.

The 2005 amendment, substituted “penalty collected shall be paid to the state treasurer and credited as provided in W.S. 8-1-109 ” for “penalty imposed shall be credited to the state general fund” in (e).

Laws 2005, ch. 157, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 26, 2005.

The 2009 amendment, effective July 1, 2009, in (c), deleted “more than one thousand dollars ($1,000.00) per election during the two (2) year period consisting of a general election year and the preceding calendar year” following “directly or indirectly”, designated the existing language beginning with “to any candidate for political office” as (c)(i), and designated the existing language beginning with “total political contributions” as (c)(ii); in (c)(i), deleted “nor make more than twenty-five thousand dollars ($25,000.00)” from the end; added (c)(i)(A) and (c)(i)(B); in (c)(ii), substituted “for any two (2) year period consisting of a general election year and the preceding calendar year, of more than twenty-five thousand dollars ($25,000.00)” for “During the same two (2) year period. For purposes of this subsection the primary, general and special elections shall be deemed separate elections. No candidate for political office shall accept, directly or indirectly, contributions which violate this subsection. Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate. This subsection does not limit political contributions by political parties, nor expenditures by a candidate from his or her own funds nor from his or her candidate's campaign committee funds”; in (e), in the first sentence, inserted “or (j)” preceding “of this section”; and added (j).

The 2011 amendment, in (a), substituted “directly to any candidate or group of candidates” for “to aid, promote or prevent the nomination or election of any candidate or group of candidates or to aid or promote the interests, success or defeat of any political party” at the end of the first sentence; in (b), substituted “directly to any candidate or group of candidates” for “in order to aid, promote or prevent the nomination or election of any candidate or group of candidates or in order to aid or promote the interests, success or defeat of any political party”; and added (k).

Laws 2011, ch. 74 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The 2013 amendment, effective January 1, 2015, added new (c)(i), redesignating existing (c)(i) and (ii) as (c)(ii) and (iii); in (c)(ii), added “nonstatewide” and “candidate for nonstatewide political office’s,” substituted “one thousand five hundred dollars ($1,500.00) for “one thousand dollars ($1,000.00) in (c)(ii)(A); substituted “fifty thousand dollars ($50,000.00)” for “twenty-five thousand dollars ($25,000,00) in (c)(iii); in (e), added “(m) or (n),” making related changes and added “five thousand dollars ($5,000.00) and costs including a reasonable attorney’s fee for a first violation and up to” and “for a second or subsequent violation which shall be imposed in a court of competent jurisdiction;” in (h) deleted “at least once in every calendar year” at the end of the first sentence; and added (m) and (n).

The 2015 amendments. — The first 2015 amendment, by ch. 76, § 1, effective July 1, 2015, in the last sentence in (g), substituted “contributions” for “receipts.

The second 2015 amendment, by ch. 80, § 1, repealed former (c)(ii), pertaining to contributions to nonstatewide political candidates.

Laws 2015, ch. 80, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

The third 2015 amendment, by ch. 160, § 1, in (k), added (i) and (ii); in (m) substituted “five thousand dollars ($5,000.00)” for “seven thousand five hundred dollars ($7,500.00) to any candidate for statewide political office or three thousand dollars ($3,000.00)” and “other than statewide political office” for “other.”

Laws 2015, ch. 160, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8 of the Wyo. Const. Approved March 9, 2015.

The 2019 amendment, effective July 1, 2019, added “Except as otherwise provided in this subparagraph” in the beginning and added the last sentence in (c)(i)(B) and (c)(ii)(B); and in (k)(i), substituted “cause electioneering communications” for “make,” and substituted “to be made” for “for speech expressly advocating the election or defeat of a candidate. For purposes of this subsection, “independent expenditure“ means an expenditure that is made without consultation or coordination with a candidate or an agent of a candidate whose nomination or election the expenditure supports or whose opponent’s nomination or election the expenditure opposes” at the end.

The 2019 amendment, effective July 1, 2019, repealed former (d), which read: "Any organization, in the aid of the election or defeat of candidates for public office or for the adoption or defeat of any ballot proposition may communicate directly with its own members on behalf of a particular candidate or political party."

The 2020 amendment, effective July 1, 2020, in (a) substituted “candidate or candidate's campaign committee or to any political party or political action committee which directly coordinates with a candidate or a candidate's campaign committee. The secretary of state shall promulgate rules to define direct coordination as prohibited by this section” for “candidate or group of candidates.”

Editor's notes.—

There is no section (i) or (l).

Law reviews. —

For article, “Corporate Expression in Wyoming Ballot Issues, Referenda and Initiatives: A Political and Legal Dilemma,” see XIV Land & Water L. Rev. 449 (1979).

Am Jur 2d, ALR and C.J.S. references. —

Constitutional Validity of State or Local Regulation of Contributions by or to Political Action Committees. 24 A.L.R.6th 179.

§ 22-25-103. Identifiable expenses; exceptions.

  1. Identifiable expenses include:
    1. All forms of advertising expenses, including, but not limited to, radio, television, billboards and posters;
    2. Printing expenses;
    3. Expenses for retaining the services of a professional campaign consultant, or public relations or management firm;
    4. Postage.
  2. Staff and postage expenses of a political party central committee, checking account service charges of a political action committee and a candidate’s personal campaign expenses for travel and meals and checking account service charges are not identifiable expenses.
  3. Advertising expenses by a party central committee are not identifiable expenses for the candidate if the entire slate of candidates, below the national level, is advertised by the committee even though all candidates are not included in each advertisement so long as the expenses for each candidate on the slate are substantially the same in any election.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.3; Laws 1981, ch. 159, § 1.

§ 22-25-104. Restriction on party funds in primary elections.

No political party funds shall be expended directly or indirectly in the aid of the nomination of any one person as against another person of the same political party running in the primary election.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.4.

§ 22-25-105. Campaign reporting forms; instructions and warning.

  1. The secretary of state shall prescribe the forms for reporting contributions and expenditures for primary, general and special election campaigns, together with written instructions for completing the form and a warning that violators are subject to criminal charges and civil penalties if the forms are not completed and filed pursuant to law. The forms along with instructions and warning shall be distributed to the county clerk and shall be made available, whether in electronic or paper form, by the county clerk to each person filing an application for nomination in his office and to each political action committee and candidate’s campaign committee required to file with the county clerk.
  2. The secretary of state shall promulgate rules to allow the forms required pursuant to subsection (a) of this section and any other forms and reports required to be filed with him pursuant to this chapter to be filed electronically.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.5; 2008, ch. 64, § 1; 2013, ch. 28, § 1; 2015, ch. 76, § 1; 2019, ch. 1, § 1.

The 2008 amendment, in (a), added the designation (a), deleted “and furnish” after “shall prescribe” in the first sentence, added “Until January 1, 2010,” at the beginning of the second and third sentences; and added (b).

Laws 2008, ch. 64, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The 2013 amendment, effective July 1, 2013, deleted “after December 31, 2009” at the end in (b).

The 2015 amendment, effective July 1, 2015, in the first sentence in (a), substituted “contributions” for “receipts.”

The 2019 amendment, effective July 1, 2019, in (a), substituted “civil penalties” for “that a vacancy will exist” in the first sentence, substituted “The” for “Until January 1, 2020” and “made available, whether in electronic or paper form” for “given” in the second sentence, and deleted the last sentence which read: “Until January 1, 2010, the county clerk shall also distribute the reporting forms to the chairmen of the county party central committees.”

Appropriations. —

Laws 2008, ch. 64, § 2, provides: “There is appropriated two million five hundred thousand dollars ($2,500,000.00) from the general fund to the secretary of state. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purposes of establishing a system of electronic filing as provided in this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010. This appropriation shall not be included in the secretary of state's 2011-2012 standard biennial budget request.”

§ 22-25-106. Filing of campaign reports.

  1. Except as otherwise provided in subsections (g) and (j) of this section and in addition to other reports required by this subsection:
    1. Every candidate,whether successful or not, shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
    2. and (iii) Repealed by Laws 2019, ch. 1, § 2.
    3. Reports under this subsection shall set forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures, including all identifiable expenses as set forth in W.S. 22-25-103 . For purposes of this section, a contribution is reportable when it is known and in the possession of, or the service has been furnished to, the person or organization required to submit a statement of contributions and expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized. Contributions, expenditures and obligations itemized in a statement filed by a political action committee, a candidate’s campaign committee or by a political party central committee need not be itemized in a candidate’s statement;
    4. Statements under this subsection shall be filed with those officers as provided in W.S. 22-25-107 .
  2. Reports of itemized statements of contributions and expenditures, and statements of termination shall be made with the appropriate filing officers specified under W.S. 22-25-107 and in accordance with the following:
    1. Except as otherwise provided in this section, any political action committee and candidate’s campaign committee, or any political action committee formed under the law of another state that contributes to a Wyoming political action committee or to a candidate’s campaign committee, which expends any funds in any primary, general or special election shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
    2. A committee formed after an election to defray campaign expenses incurred during a previous election and any political action or candidate’s campaign committee which has not filed a statement of termination shall file an itemized statement of contributions and expenditures on December 31 of each odd-numbered year;
    3. All candidates and committees shall continue to make the reports required under this subsection until the committee terminates and the candidate or committee files a statement of termination with the appropriate filing officer. A statement of termination may be filed upon retirement of all debts;
    4. Repealed by Laws 2019, ch. 1, § 2.
  3. All reports required by subsection (b) of this section shall be signed by both the chairman and treasurer. The reports shall set forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. Nothing in this subsection shall be construed to require the disclosure of the names of individuals paid to circulate an initiative or referendum petition. All contributions under one hundred dollars ($100.00)  shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00)  threshold, all contributions from that person shall be itemized. If the contributions, expenditures or obligations were for more than one (1) candidate, the amounts attributable to each shall be itemized separately.
  4. The chairman of each political party central committee for the state or county, or an officer of the party designated by him, shall file an itemized statement of contributions of one hundred dollars ($100.00) or more, and any expenditures and obligations. The statement shall be filed within ten (10) days after a general or special election. The statement shall report all contributions, expenditures and obligations relating to campaign expenses, including normal operating expenses. All contributions under one hundred dollars  ($100.00)  shall be reported but need not be itemized. Should the accumulation of contributions from a person  exceed the one hundred dollar ($100.00)  threshold, all contributions from that person shall be itemized. It shall attribute all campaign contributions, expenses and obligations to a specific candidate only if the campaign contributions, expenses and obligations can be specifically identified to that specific candidate to the exclusion of other candidates on the ticket. A copy of the statement shall be furnished to each candidate identified in the statement within ten (10) days after the general or special election.
  5. If inaccuracies are found in a statement filed in accordance with this section or additional contributions or expenditures become known after filing an amendment as required by paragraph (a)(i), (b)(i) or (h)(ii) of this section, amendments to the original statements or additional statements shall be filed within a reasonable time not to exceed thirty (30) days from the time the inaccuracies or additional contributions or expenditures became known. For purposes of this subsection, any net change less than two hundred dollars ($200.00)  need not be reported.
  6. Repealed by Laws 2019, ch. 1, § 2.
  7. Candidates for federal office, campaign committees for candidates for federal office and federal political action committees shall not be required to file contribution and expenditure reports under this section if the candidate or the committee is required to comply with federal election law reporting requirements.
  8. An organization that expends in excess of five hundred dollars ($500.00) in any primary, general or special election to cause an independent expenditure or electioneering communication to be made shall file an itemized statement of contributions and expenditures with the appropriate filing office under W.S. 22-25-107 . The statement shall:
    1. Identify the organization causing the electioneering communication or independent expenditure to be made and the individual acting on behalf of the organization causing the communication or expenditure to be made, if applicable;
    2. Be filed at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
    3. Repealed by Laws 2019, ch. 1, § 2.
    4. Only list those expenditures and contributions which relate to an independent expenditure or electioneering communication;
    5. Set forth the full and complete record of contributions which relate to an independent expenditure or electioneering communication, including cash, goods or services and actual and promised expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized;
    6. Be signed by both the chairman and treasurer of the organization, if those positions are present in the organization, or by the person who caused the independent expenditure or electioneering communication to be made.
  9. If a candidate has formed a candidate’s campaign committee, the committee may file reports required by this section on behalf of the candidate if the candidate provides a signed document one (1) time each election cycle authorizing the committee to file reports on behalf of the candidate and attesting that the facts provided in the report are accurate. If a committee has filed a required report on behalf of a candidate under this subsection, the candidate shall not be required to separately file the report provided that the candidate shall remain individually responsible for any deficiencies in a report filed by the committee.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.6; Laws 1985, ch. 204, § 1; 1991, ch. 243, § 2; 1993, ch. 49, § 1; ch. 201, § 2; 1995, ch. 134, § 1; 1996, ch. 105, § 2; 1997, ch. 96, § 1; 1998, ch. 100, § 2; 2000, ch. 66, § 1; ch. 67, §§ 1, 2; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 67, § 1; 2004, ch. 94, § 2; 2011, ch. 74, § 1; 2015, ch. 76, § 1; ch. 86, § 1; 2019, ch. 1, §§ 1, 2; ch. 186, § 1.

Cross references. —

As to computing periods of time, see § 22-2-110 .

The 2004 amendment, in (b)(i), inserted “primary” following “ten (10) days after a.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2011 amendment, in (b)(i), inserted “any organization making an independent expenditure under W.S. 22-25-102(k)”; and added (h).

Laws 2011, ch. 74 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The 2015 amendments. —

The first 2015 amendment, by ch. 76 § 1, effective July 1, 2015, substituted “contributions” and variants for “receipts” and variants throughout the section; in (b)(i), substituted “formed under the law” for “formed under federal law or the law”; in (b)(ii), deleted “has previously filed a statement of receipts and expenditures and” preceding “has not filed”; and made related changes.

The second 2015 amendment, by ch. 86 § 1, in the introductory paragraph in (a), substituted “subsections (g) and (j)” for “subsection (g);” and added (j).

The 2019 amendments. —

The first 2019 amendment, by ch. 1, § 1, effective July 1, 2019, in the beginning of (a)(i), inserted “whether successful or not,” substituted “an” for “a fully” preceding “itemized statement,” inserted “and expenditures” following “contributions,” inserted “but not more than fourteen (14) days” following “seven (7) days,” and substituted “Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after” for “with information required by this subsection current to any day from the eighth day up to the fourteenth day before”; in (a)(iv), deleted “except by total with a reference to the statement” at the end; in (b), deleted “contributions and statements of” following “itemized statements of”; in (b)(i), deleted “any organization making an independent expenditure under W.S. 22-25-102(k), and any other organization supporting or opposing any ballot proposition” following “a candidate's campaign committee” and substituted “and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the” for “at least seven (7) days before the election current to any day from the eighth day up to the fourteenth day before the election and shall also file a statement of contributions and expenditures within ten (10) days after a primary, general or special” at the end; in (e), the amendments made numerous stylistic changes; rewrote the introductory language in (h), which read: “In addition to any other report required by this section, an organization required by W.S. 22-25-110(c) to report expenditures shall report as follows”; rewrote (h)(i), which read: “The report shall identify the organization making the expenditure and the individual acting on behalf of the organization in making the expenditure”; rewrote (h)(ii), which read: “The report shall be filed at least seven (7) days before the next primary, general or special election with information current to any day from the eighth day up to the fourteenth day before the election”; added (h)(iv) and (h)(v); substituted “reports” for “statements” or variants in (a), (a)(iv), (c); substituted “a person” for “an individual” or variants in (a)(iv), (c), (d); substituted “one hundred dollars ($100.00)” for “twenty-five dollars ($25.00)” in (a)(iv), (c), (d); and deleted “except for statements of contributions required under paragraph (i) of this subsection, of” in first sentence of (a)(iv) and second sentence of (c).

The second 2019 amendment, by ch. 1, § 2, effective July 1, 2019, repealed former (a)(ii), which read: “Every candidate, whether successful or not, shall file a fully itemized statement of contributions and expenditures within ten (10) days after any general or special election”; repealed former (a)(iii), which read: “Every candidate in any primary election shall file a fully itemized statement of contributions and expenditures within ten (10) days after the primary election”; repealed former (b)(iv), which read: “In addition to the reports required under paragraphs (i) through (iii) of this subsection, a political action committee formed for the support of or opposition to any initiative or referendum petition drive or any organization supporting or opposing a petition drive shall file an itemized statement of contributions and expenditures within ten (10) days after the petition is submitted to the secretary of state pursuant to W.S. 22-24-115 ”; repealed former (f), which read: “In addition to the statement of contributions and expenditures required by subsection (b) of this section, any political action committee formed for the support of any initiative or referendum petition drive or any organization supporting an initiative or referendum petition drive shall file with the secretary of state, at least thirty (30) days but no more than forty-five (45) days before the election at which the initiative or referendum proposition will be voted on, a statement signed by both the chairman and treasurer showing: (i) The total amount expended to circulate the petition; (ii) The number of persons paid to circulate the petition; and (iii) Repealed by Laws 2000, ch. 67, § 2. (iv) The period of time during which signatures on the petition were obtained”; and repealed former (h)(iii), which read: “If not previously reported, the report shall include the disclosure of any source of funding to the organization in excess of one thousand dollars ($1,000.00) to further the expenditure.”

The third 2019 amendment, by ch. 186, § 1, effective July 1, 2019, in (b)(iv), substituted “W.S. 22-24-315 or 22-24-412 ” for “W.S. 22-24-115 .”

This section is set out as reconciled by the Wyoming legislative service office.

Law reviews. —

For article, “Corporate Expression in Wyoming Ballot Issues, Referenda and Initiatives: A Political and Legal Dilemma,” see XIV Land & Water L. Rev. 449 (1979).

§ 22-25-107. Where reports to be filed.

  1. All reports required under this chapter shall be filed as follows:
    1. Any candidate for a municipal, county, judicial, school or college board office and any political action committee or candidate’s campaign committee supporting such a candidate and any political action committee supporting or opposing a municipal initiative or referendum or ballot proposition within the county, shall file with the county clerk;
    2. Any candidate for a state legislative or district judgeship office and any political action committee or candidate’s campaign committee supporting or opposing such a candidate, shall file with the secretary of state;
    3. Any candidate for statewide office shall file with the secretary of state;
    4. A county party central committee shall file with the secretary of state;
    5. A state party central committee shall file with the secretary of state;
    6. Precinct committeemen and precinct committeewomen elected at the primary election shall not be required to file a statement of contributions and expenditures;
    7. Any political action committee or organization supporting or opposing any statewide initiative or referendum petition drive, any statewide ballot proposition or any candidate for statewide office and any organization causing an electioneering communication or an independent expenditure to be made and filing pursuant to W.S. 22-25-106(b)(i) or (h) shall file reports required by this section with the secretary of state.
  2. Reports required to be filed at least seven (7) days before any primary, general or special election shall be filed electronically.
  3. Any reports required under this chapter to be filed with:
    1. The secretary of state, shall be filed electronically as provided under W.S. 9-2-2501 ;
    2. A county clerk, may be filed electronically if the board of county commissioners has adopted rules consistent with the requirements of W.S. 9-2-2501 which allow for electronic filing.
  4. Whenever “county clerk” is used in this chapter, it means the county clerk of the county in which the person resides.
  5. The secretary of state shall maintain a searchable database of reports filed pursuant to this chapter available to the public on or through the Internet as defined in W.S. 9-2-3219(a)(iii). The secretary of state shall be responsible for the provision of training and instruction for filers on how to access and use the campaign finance electronic filing system. The training shall be for the purpose of educating filers about use of the system, and is not intended to assist filers with filing their reports.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.7; Laws 1981, ch. 159, § 1; 1985, ch. 204, § 1; 1991, ch. 243, § 2; 1992, ch. 1, § 5; 1993, ch. 201, § 2; 1997, ch. 96, § 1; 2002 Sp. Sess., ch. 18, § 2; 2003, ch. 67, § 1; 2004, ch. 94, § 2; 2008, ch. 64, § 1; 2011, ch. 74, § 1; 2013, ch. 28, § 1; 2015, ch. 76, § 1; 2019, ch. 1, § 1; 2021, ch. 56, § 3.

The 2004 amendment, in (b), inserted “primary” following “required to be filed after any.”

Laws 2004, ch. 94, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2008 amendment, deleted “and county clerk” at the end of (a)(iv); in (b) added “Until December 31, 2009,” at the beginning of the first and second sentences, and added the last sentence; substituted “shall” for “may” following “secretary of state,” in (c)(i); and added (e).

Laws 2008, ch. 64, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

The 2011 amendment, in (a)(vii), inserted “and any organization making an independent expenditure under W.S. 22-25-102(k) and filing pursuant to W.S. 22-25-106(b)(i) or (h).”

Laws 2011, ch. 74 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The 2013 amendment, effective July 1, 2013, rewrote (b).

The 2015 amendment, effective July 1, 2015, in (a)(vi), substituted “contributions” for “receipts.”

The 2019 amendment, effective July 1, 2019, in (a)(vii), substituted "causing an electioneering communication or" for "making" following "any organization," substituted "to be made" for "under W.S. 22-25-102(k)" following "independent expenditure"; near end of (b), deleted "and statements required to be filed after any primary, general or special election"; at end of (c)(i), deleted "if the secretary of state has adopted rules which allow for the electronic filing"; in (e), substituted "The" for "After December 31, 2009," substituted "as defined in W.S. 9-2-1035(a)(iii)" for "the World Wide Web or a similar proprietary or common carrier electronic system"; and substituted "reports" for "statements" in (a), (a)(vii), (b), and (c).

The 2021 amendment substituted "9-2-3219(a)(iii)" for "9-2-1035(a)(iii)" in the first sentence of (e).

Laws 2021, ch. 56, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Law reviews. —

For article, “Ousting the Judge: Campaign Politics in the 1984 Wyoming Judicial Retention Elections,” see XXIV Land & Water L. Rev. 371 (1989).

§ 22-25-108. Failure of persons to file reports; notice; penalties; reconsideration.

  1. Any person required to file a report under W.S. 22-25-106 shall be given notice prior to an election, by the appropriate filing office specified under W.S. 22-25-107 , that failure to file the report within the time required by that section shall subject  the person to civil penalties as provided  in subsection (f) of this section. The notice shall inform any candidate’s campaign  committee, organization, political party or political action committee  that the officers responsible for filing the report shall be subject  to the same civil penalties as the candidate’s campaign committee,  organization, political party or political action committee for failure  to file the report.
  2. Any person who fails to file a report under W.S. 22-25-106 within the time required by that section shall have their name printed on a list drafted by the appropriate filing office. The filing office shall:
    1. Immediately post the list in the filing office and make the list available  to the public;
    2. Notify the person at their address of record that the person has twenty-one (21) days from the date the notice was sent to comply with W.S. 22-25-106 or be subject to civil penalties as provided in subsection (f) of  this section.
  3. through (e) Repealed by Laws 2018, ch. 40, §  2.
  4. The appropriate filing office or the county attorney,  for reports required to be filed with the county clerk, shall issue  a final order imposing the civil penalty specified in this subsection  against any person failing to comply with W.S. 22-25-106 twenty-one (21) days from the date the notice was sent under  subsection (b) of this section. The final order shall be sent to the  person at their address of record and shall notify the person of the  right to request reconsideration of the order as provided in subsection  (h) of this section. The filing office or county attorney shall impose  the following civil penalty in the final order:
    1. Five hundred dollars ($500.00) for a failure to file  a report with the secretary of state;
    2. Two hundred dollars ($200.00) for a failure to file  a report with the county clerk.
  5. Any candidate required to file a report under W.S. 22-25-106 who authorizes the candidate’s campaign committee to file  on their behalf as provided by W.S. 22-25-106 (j) shall be jointly and severally liable with the candidate’s  campaign committee for any civil penalty imposed under this section.
  6. Any person may, within twenty (20) days of the date  of a final order issued pursuant to subsection (f) of this section,  request reconsideration of the order and submit documentation to the  appropriate filing office or county attorney showing good cause for  a failure to file a report. The filing office or county attorney may,  after a decision finding good cause, waive any civil penalty imposed  under this section provided that the person files the report within  the time specified in the decision. A decision to not waive an imposed  penalty by the secretary of state is subject to the contested case  procedures of the Wyoming Administrative Procedure Act. A decision  to not waive an imposed penalty by the county attorney is appealable  to a circuit court of appropriate jurisdiction.
  7. A civil penalty imposed under this section shall be  paid within thirty (30) days of the date of the final order issued  pursuant to subsection (f) of this section or the date of a decision  denying reconsideration by the appropriate filing office or county  attorney, whichever is later. Any penalty not paid within the time  required by this subsection is delinquent and shall bear interest  at a rate of eighteen percent (18%) per annum until paid or collected,  provided that no penalty is due and no interest shall accrue during  any period in which the penalty is being reviewed by a court or during  the pendency of a contested case proceeding. The filing office for  the state shall notify the attorney general of a delinquent civil  penalty.
  8. A delinquent civil penalty may be recovered in an action  brought in the name of the state of Wyoming in any court of appropriate  jurisdiction. In addition to any other remedy provided by law for  the recovery of the penalty and any interest thereon, the county attorney  or the attorney general, as appropriate, may recover any costs or  damages relating to the recovery effort including attorney’s  fees. No filing fee shall be charged for the filing of an action under  this subsection nor shall a fee be charged for service of process.
  9. Civil penalties and any interest thereon shall be paid  to the clerk of court with jurisdiction over the matter for deposit  to the public school fund of the county in which the fine was assessed.  Any recovered costs or damages relating to the recovery effort shall  be retained by the county or the state, as appropriate.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.8; Laws 1991, ch. 243, § 2; 1995, ch. 134, § 1; 1997, ch. 96, § 1; 1998, ch. 100, § 2; 2003, ch. 67, § 1; 2005, ch. 100, § 1; 2013, ch. 189, § 1; 2015, ch. 76, § 1; 2018, ch. 40, §§ 1, 2.

Cross references. —

As to filling of vacancies generally, see §§ 22-18-101 to 22-18-112 .

As to civil penalty for violations, see § 22-25-102 .

As to offenses and penalties, see §§ 22-26-101 to 22-26-121 .

The 2005 amendment, effective July 1, 2005, rewrote (a), which formerly provided that failure to file could result in vacancy in nomination or a vacancy in office, not receiving a certificate of nomination or election, not entering office, and charging the candidate with a misdemeanor; in (b), deleted the last sentence, which read: “The candidate may be charged with a misdemeanor as provided by W.S. 22-26-112 ”; in (c), substituted “statement required by W.S. 22-25-106 within thirty (30) days” for “statement required by subsection (a) of this section within one (1) month” and in (c)(i) substituted “or” for “and”; and added (e).

The 2013 amendment, effective January 1, 2015, added “if required pursuant to W.S. 22-25-107 ” in (a); substituted “is convicted of failure to file” for “fails to file” in (c); and in (d), added “and each candidate’s campaign committee” in the first sentence, and in the last sentence, added “or candidate’s campaign committee” and substituted “misdemeanor” for “felony” and “one (1) year” for two (2) years.”

The 2015 amendment, effective July 1, 2015, substituted “contributions” for “receipts” in (a) and (b).

The 2018 amendments. — The first 2018 amendment, by ch. 40, § 1, effective May 1, 2018, in (a), substituted “Any person required to file a report under W.S. 22-25-106 shall” for “Candidates shall,” inserted “by the appropriate filing office specified under W.S. 22-25-107 ,” substituted “required by that section shall” for “required, a full and complete itemized statement of contributions if required pursuant to W.S. 22-25-107 and a statement of contributions and expenditures shall,” and added the last sentence; in (b), substituted “Any person who” for “A candidate who” at the beginning and “to file a report under W.S. 22-25-106 within the time required by that section shall have” for “to file the statement of contributions required by the seventh day before the election shall have”; added (b)(ii); added (f) through (m); and made stylistic changes.

The second 2018 amendment, by ch. 40, § 2, effective May 1, 2018, repealed former (c) through (e).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 22-25-109. Reporting candidates in violation. [Repealed]

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.9; Laws 1981 Sp. Sess., ch. 22, § 1; 1998, ch. 100, § 2; 2003, ch. 67, § 1; 2008, ch. 64, § 1; Repealed by Laws 2018, ch. 40, § 2.

§ 22-25-110. Campaign advertising in communications media.

  1. It is unlawful for a candidate, political action committee, organization, including organizations causing an electioneering communication or an independent expenditure to be made, candidate’s campaign committee, or any political party central committee to pay for campaign literature or campaign advertising without conspicuously displaying or speaking the following disclosure: “paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)”. The disclosure set forth in this subsection shall be required in the following forms of campaign literature or campaign advertising:
    1. Printed campaign literature or campaign advertising including mailers, pamphlets, brochures, periodicals or billboards;
    2. Campaign advertising appearing on the radio or distributed through a telephone or cellular system or other solely auditory medium;
    3. Campaign advertising appearing on television;
    4. Paid placement of campaign advertising on the internet or other electronic communication network. This paragraph shall not apply when including the disclosure is impracticable due to size and text limitations in electronic campaign advertising, provided that the campaign advertising shall include a hyperlink to an internet website containing the disclosure.
  2. For purposes of this section, “campaign literature or campaign advertising” does not include small campaign items such as tickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons and yard signs displaying the name of the candidate or office sought and any other items specified by rule of the secretary of state.
  3. Repealed by Laws 2019, ch. 1, § 2.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.10; Laws 1991, ch. 243, § 2; 1996, ch. 93, § 1; 2001, ch. 116, § 1; 2011, ch. 74, § 1; 2019, ch. 1, §§ 1, 2.

The 2011 amendment, in (a), inserted “including organizations making expenditures pursuant to W.S. 22-25-102(k)”; and added (c).

Laws 2011, ch. 74 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The 2019 amendments. — The first 2019 amendment, by ch. 1, § 1, effective July 1, 2019, in (a), substituted "causing an electioneering communication or an independent expenditure to be made" for "making expenditures pursuant to W.S. 22-25-102(k)," substituted "without conspicuously displaying or speaking the following disclosure: "paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)". The disclosure set forth in this subsection shall be required in the following forms of campaign literature or campaign advertising:" for "in any communication medium without printing or announcing the candidate, organization or committee sponsoring the campaign advertising or campaign literature. The communications media in using the campaign advertising shall print or announce the name of the candidate, organization or committee paying for the advertising." at the end; added (a)(i) through (a)(iv); in (b), inserted "or campaign advertising: following "campaign literature" and inserted "and any other items specified by rule of the secretary of state" at the end.

The second 2019 amendment, by ch. 1, § 2, effective July 1, 2019, repealed former (c) which read: "Any organization making an expenditure pursuant to W.S. 22-25-102(k) which is subject to this subsection and in excess of five hundred dollars ($500.00) shall report the expenditure as specified in W.S. 22-25-106(h)."

While neither amendment gave effect to the others, all have been given effect in this section as set out above.

§ 22-25-111. [Repealed.]

Repealed by Laws 1980, ch. 31, § 1.

Editor's notes. —

This section, which derived from Laws 1977, ch. 186, § 1, related to notice to advertising media.

§ 22-25-112. Campaign advertising rates.

Rates charged for political campaign advertising shall not be higher than rates charged for local advertising of the same quality and quantity.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-389.12.

§ 22-25-113. [Repealed.]

Repealed by Laws 1998, ch. 100, § 5.

Editor's notes. —

This section, which derived from Laws 1977, ch. 186, § 1, provided that statements filed under the chapter were public records.

§ 22-25-114. [Repealed.]

Repealed by Laws 1991, ch. 243, § 5.

Editor's notes. —

This section, which derived from Laws 1977, ch. 186, § 1, related to the penalties for violating §§ 22-25-101 through 22-25-115 .

§ 22-25-115. Written campaign advertising; prohibiting placement on public property; exception.

Except as provided herein, written campaign advertising shall not be placed on or attached to any real or personal property of the state or its political subdivisions. This prohibition shall not apply to fairgrounds of the Wyoming state fair or of any county fair organized under the laws of this state. The University of Wyoming, any community college and school district may permit such advertising subject to regulation by their governing board as to time, place and manner. Any rules and regulations adopted shall provide for equal access to opposing political views. Subject to the approval of the landowner and any rules and regulations adopted by a municipality, campaign materials may be placed on municipal street rights-of-way. The department of transportation shall allow campaign materials to be placed on a state right-of-way within a municipality to the same extent which the municipality allows campaign materials to be placed on municipal street rights-of-way. Nothing in this section shall apply to any interstate highway.

History. Laws 1979, ch. 133, § 1; 1995, ch. 37, § 1; 1999, ch. 65, § 1.

Chapter 26 Offenses and Penalties

Cross references. —

For penalties in connection with petitions for initiative or referendum, see § 22-24-123 .

For civil penalty for illegal campaign contributions, see § 22-25-102 .

Am. Jur. 2d, ALR and C.J.S. references. —

26 Am. Jur. 2d Elections §§ 449 to 478.

Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery, 55 ALR2d 1137.

29 C.J.S. Elections §§ 540 to 583.

§ 22-26-101. Felony offenses generally.

  1. 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:
    1. Repealed by Laws 2018, ch. 40, §  2.
    2. Unlawful opening of a ballot box;
    3. Unlawful opening of a voting machine;
    4. Unlawful possession of a key;
    5. Repealed by Laws  2018, ch. 40, §  2.
    6. Falsifying election documents;
    7. False swearing;
    8. Offering a bribe;
    9. Accepting a bribe;
    10. Intimidation.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-406; 2018, ch. 40, § 2.

The 2018 amendment, effective May 1, 2018, repealed former (a)(i), which read: “Registration offenses” and former (a)(v), which read: “False voting.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-102. Registration offenses.

  1. Registration  offenses consist of performing any of the following acts in connection  with or related to the election process or an election:
    1. Signing or  offering to sign an application to register when not a qualified elector  or to register under a false name or residence  address;
    2. Soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce a person to register under the name of any other person, or a false name, or to register when not a qualified elector;
    3. Destroying or altering a registration record when not authorized by law;
    4. False swearing after being challenged.
  2. Unless otherwise provided in subsection (c) of this  section, registration offenses are misdemeanor offenses punishable  by a fine of not more than two hundred dollars ($200.00).
  3. Registration offenses committed with the intent to  deceive a registration official are high misdemeanor offenses punishable  by not more than one (1) year imprisonment, a fine of not more than  five thousand dollars ($5,000.00), or both.
  4. Second or subsequent offenses under subsection (c)  of this section are felony offenses punishable by not more than five  (5) years imprisonment, a fine of not more than ten thousand dollars  ($10,000.00), or both.
  5. The county sheriff shall investigate registration offenses  at the request of a county clerk who has reasonable cause to believe  that a person has committed a registration offense. After an investigation  and a finding that the allegation has merit, the county sheriff shall  refer the matter to the district attorney for prosecution in the appropriate  courts of this state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-407; Laws 1998, ch. 100, § 2; 2018, ch. 40, § 1.

The 2018 amendment, effective May 1, 2018, in (a), substituted “acts in connection with or related to the election process or an election” for “acts with the intent to deceive a registration official or to subvert the registration requirements of the law or rights of a qualified elector”; in (a)(i), added “or residence address” at the end; and added (b) through (e).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-103. Unlawful opening of ballot box.

Unlawful opening of a ballot box consists of opening a ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others so to open a ballot box.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-408.

§ 22-26-104. Unlawful opening of voting machine.

Unlawful opening of a voting machine consists of opening, unlocking, inspecting, tampering with, resetting or adjusting a voting machine without lawful authority, or conspiring with others to do so.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-409.

§ 22-26-105. Unlawful possession of key.

Unlawful possession of a key consists of the possession at any time of a key to a voting machine or ballot box, or making a duplicate thereof, unless authorized by law.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-410.

§ 22-26-106. False voting.

  1. False voting  consists of performing any of the following  acts in connection with or related to the election process or an election:
    1. Voting, or  offering to vote, when not a qualified elector entitled to  vote at the election;
    2. Voting, or offering to vote, in the name of another person or under a false name;
    3. Voting, or offering to vote, in a precinct other than  that in which qualified to vote;
    4. Voting, or offering to vote, more than once in an election.
  2. Unless otherwise provided in subsection (c) of this  section, false voting is a misdemeanor offense punishable by a fine  of not more than two hundred dollars ($200.00).
  3. False voting committed with the knowledge of not being  a qualified elector entitled to vote at the election or in that precinct  is a high misdemeanor offense punishable by not more than one (1)  year imprisonment, a fine of not more than five thousand dollars ($5,000.00),  or both.
  4. Second or subsequent offenses under subsection (c)  of this section are felony offenses punishable by not more than five  (5) years imprisonment, a fine of not more than ten thousand dollars  ($10,000.00), or both.
  5. The county sheriff shall investigate acts of false  voting at the request of a county clerk who has reasonable cause to  believe that a person has committed false voting. After an investigation  and a finding that the allegation has merit, the county sheriff shall  refer the matter to the district attorney for prosecution in the appropriate  courts of this state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-411; 2018, ch. 40, § 1.

The 2018 amendment, effective May 1, 2018, in (a), added “performing any of the following acts in connection with or related to the election process or an election”; in (a)(i), substituted “vote, when not a qualified” for “vote, with the knowledge of not being a qualified”; in (a)(iii), deleted “Knowingly” preceding “Voting”; and added (b) through (e).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-107. Falsifying election documents.

  1. Falsifying election documents consists of performing any of the following acts with the intent to deceive or mislead an elector or an election official:
    1. Printing, distributing or displaying false instructions for voting or for the conduct of an election;
    2. Printing, distributing or displaying any official ballot, sample ballot or pretended ballot which includes the name of a person not entitled by law to be on the ballot, or omits the name of a person entitled by law to be on the ballot, or otherwise contains false information or headings;
    3. Defacing, altering, forging, making false entries in or changing in any way a petition, certificate of nomination, registration record or election return required by law;
    4. Preparing or submitting a false certificate of nomination, registration record or election return.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-412; Laws 1991, ch. 243, § 2; 2014, ch. 108, § 1.

The 2014 amendment, deleted “facsimile diagram, ballot label” in (a)(ii).

Laws 2014, ch. 108, § 3, makes the act 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. Approved March 10, 2014.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-108. False swearing.

False swearing consists of taking an oath required by the Election Code with the knowledge that the thing or matter sworn to is not true and correct.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-413.

§ 22-26-109. Offering bribe.

  1. Offering bribe consists of willfully advancing, paying, offering to pay or causing to be paid, or promising, directly or indirectly, any money or other valuable thing to a person, for any of the following purposes:
    1. To induce a person to vote or refrain from voting for or against a candidate or ballot proposition or to sign or not sign a petition;
    2. To induce an election official to mark, alter, suppress or change a ballot that has been cast, an election return, any certificate of election, or petition.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-414; Laws 1991, ch. 243, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-110. Accepting bribe.

Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money or other valuable thing for any of the unlawful purposes specified in W.S. 22-26-109 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-415.

§ 22-26-111. Intimidation.

  1. Intimidation consists of:
    1. 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 the free exercise of the elective franchise or the impartial administration of the Election Code; or
    2. 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.
  2. 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.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-416; Laws 1983, ch. 181, § 1; 1998, ch. 100, § 2.

§ 22-26-112. Misdemeanor offenses generally.

  1. 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:
    1. Electioneering too close to a polling place;
    2. Disturbing a polling place;
    3. Unlawful possession of alcoholic or malt beverages at a polling place;
    4. Accepting or expending any money or incurring any obligation on behalf of any candidate for nomination or election to office without such candidate’s prior written approval;
    5. Employer interfering with political rights of employees;
    6. Discharging an employee because of nomination for or election to political office;
    7. Causing or attempting to cause a candidate to withdraw or refuse nomination or election;
    8. Violating W.S. 22-2-113 ;
    9. Violating W.S. 22-25-101 through 22-25-115 ;
    10. Filing or signing a false statement of contributions and expenditures required by W.S. 22-25-106 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-417; Laws 1991, ch. 243, § 2; 1997, ch. 96, § 1; 2015, ch. 76, § 1.

The 2015 amendment, effective July 1, 2015, in (a)(x), substituted “contributions” for “receipts.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 22-26-113. Electioneering too close to a polling place.

  1. Electioneering too close to a polling place or absentee polling place under W.S. 22-9-125 when voting is being conducted, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards on the day of a primary, general or special election and within one hundred (100) feet on all other days, of any public entrance to the building in which the polling place is located. This section shall not apply to bumper stickers affixed to a vehicle while parked within or passing through the distance specified in this subsection, provided that:
    1. There is only one (1) bumper sticker per candidate affixed to the vehicle;
    2. Bumper stickers are no larger than four (4) inches high by sixteen (16) inches long; and
    3. The vehicle is parked within the distance specified in this subsection only during the time the elector is voting.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-418; Laws 1983, ch. 183, § 2; 1990, ch. 42, § 1; 2006, ch. 108, § 1; 2011, ch. 38, § 1; 2018, ch. 118, § 1.

Editor's Notes

There is no subsection (b) in this section as it appears in the printed acts.

The 2006 amendment, effective April 1, 2006, inserted “or absentee polling place under W.S. 22-9-125 .”

The 2011 amendment, effective July 1, 2011, deleted “on election day” following “polling place,” and inserted “when voting is being conducted.”

The 2018 amendment, added the (a) designation; added “on the day of a primary, general or special election and within one hundred (100) feet on all other days, of any public entrance to the” following “within one hundred (100) yards”, and added the sentence at the end; and added (a)(i) through (a)(iii).

Laws 2018, ch. 118, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

§ 22-26-114. Disturbing polling place.

Disturbing a polling place consists of creating any disorder or disruption at a polling place on election day, or absentee polling place under W.S. 22-9-125 , or interfering with the orderly conduct of an election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-419; 2006, ch. 108, § 1.

The 2006 amendment, effective April 1, 2006, inserted “or absentee polling place under W.S. 22-9-125 .”

§ 22-26-115. Unlawful possession of alcoholic or malt beverages.

Unlawful possession of alcoholic or malt beverages at a polling place consists of the use or possession of any alcoholic or malt beverages by an election official while performing his official duties or the use or possession by any person of these beverages in a polling place during an election.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-420.

§ 22-26-116. Interfering with employee's political rights.

Interfering with an employee’s political rights consists of an employer making, adopting, enforcing or attempting to enforce any order, rule, regulation or policy forbidding or preventing any employee from becoming a candidate for public office or for a position on any public board or commission or making, adopting, enforcing or attempting to enforce any order, rule, or regulation controlling or attempting to control such employee’s vote on any question at any public election, or in any public position or board or in any office to which such employee may be appointed or elected.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-421.

§ 22-26-117. Discharging employee because of nomination for or election to office.

Discharging an employee because of nomination for or election to office consists of any employer discharging or causing to leave his, or their employ, temporarily or permanently, any person or persons because he or they have been nominated as a candidate for or elected to any position of honor, trust or emolument, to be voted for at any election, held in pursuance of the laws of this state.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-422.

§ 22-26-118. Causing or attempting to cause candidate to withdraw or refuse nomination or election.

Causing or attempting to cause a candidate to withdraw or refuse nomination or election consists of any person, or agent, or officer, or any company, or corporation either causing or attempting to cause any person or persons nominated as candidates or elected at any election, to withdraw, or refrain from accepting such nomination or election by threatening loss of employment, business or patronage, if he or they accept such candidacy or election, or making it a condition of employment, business or patronage, that such candidacy or election shall not be accepted.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-423.

§ 22-26-119. Violation of Election Code by officials.

Violation of the Election Code by an official consists of the willful violation of the Election Code by any official or by any deputy or assistant official, or the willful failure or refusal of any official or assistant to perform an act or duty required of him by the Election Code. Any official, deputy or assistant who commits a violation of the Election Code is guilty of a felony and, in addition to the penalty prescribed by W.S. 22-26-101 , is subject to removal from office in a proceeding instituted for that purpose.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-424.

§ 22-26-120. Violation of Election Code when specific penalty not imposed.

If the Election Code does not impose a specific penalty for the willful violation of a provision prohibiting a specific act or requiring the discharge of a specific duty, whoever knowingly commits a violation or fails to discharge the duty is guilty of a misdemeanor punishable by the penalty prescribed by W.S. 22-26-112 .

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-425.

§ 22-26-121. Violations of election code; complaints; investigations and prosecutions.

  1. Except as otherwise provided in this section, any person may file a written complaint with the secretary of state regarding any violation of the Election Code by any statewide or legislative candidate, committee or organization or any violation of W.S. 22-25-106(d) by a county party central committee. If the secretary of state finds that the complaint has merit and suspects a violation of the Election Code, he shall refer the complaint to the Wyoming attorney general for investigation and prosecution. The attorney general may prosecute the complaint in the district court for the district in which the violation was alleged to occur or in the district court for Laramie county if the violation is reasonably believed to occur in more than one (1) judicial district.
  2. Except as otherwise provided in this section, any person may file a written complaint with the county clerk regarding any violation of the Election Code by any county or municipal candidate, committee or organization. If the county clerk finds that the complaint has merit  and suspects a violation of the Election Code, the county clerk shall refer the complaint to the district attorney for the county in which the candidate resides for investigation and prosecution.
  3. Complaints that the secretary of state violated the Election Code shall be filed with the attorney general for investigation and prosecution. Complaints that the county clerk violated the Election Code shall be filed with the district attorney for the county for investigation and prosecution.
  4. The secretary of state or the county clerk may refer any suspected violation of the Election Code to the appropriate prosecuting authority as provided in this section.
  5. A complaint of a violation of W.S. 22-26-102 or 22-26-106 shall be filed with the county clerk for the county in which the elector resides and be investigated by the county sheriff as provided in those sections. If the county clerk or other appropriate official specified in W.S. 22-26-102 (e) or 22-26-106 (e) fails or refuses for any reason to take action on the elector’s complaint, the elector may file a complaint with the Wyoming attorney general.
  6. As used in this section:
    1. “County or municipal candidate, committee or organization” means any county or municipal candidate, candidate committee for county or municipal office, political action committee for county or municipal candidate, political action committee or organization supporting or opposing a municipal initiative or referendum petition drive or ballot proposition within a county or political subdivision, county party central committee or any other person not identified in paragraph (ii) of this subsection;
    2. “Statewide or legislative candidate, committee or organization” means any statewide or legislative candidate, candidate committee for statewide or legislative office, political action committee or organization supporting or opposing any statewide or legislative candidate or any statewide initiative or referendum petition drive or ballot proposition, or state party central committee.

History. Laws 1977, ch. 186, § 1; W.S. 1957, § 22.1-425.1; Laws 1981 Sp. Sess., ch. 22, § 1; 1998, ch. 100, § 2; 2018, ch. 40, § 1; 2020, ch. 100, § 1.

The 2018 amendment, effective May 1, 2018, rewrote (a) and (b); and added (c) through (f).

The 2020 amendment, effective July 1, 2020, in (a) added “or any violation of W.S. 22-25-106(d) by a county party central committee” at the end of the first sentence; in (f)(i) added “county party central committee” following “political subdivision”; and in (f)(ii) substituted “state party central committee” for “state or county party central committee.”

Editor's notes. — Laws 2018, ch. 40, § 3, provides: “The secretary of state shall develop a form that the secretary of state and county clerks may use to receive written complaints under W.S. 22-26-121 , as amended by this act.”

Chapter 27 Severability; Repeals

§ 22-27-101. Provisions severable.

If any provision of this act [§§ 22-1-101 through 22-27-101 ] or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application; and to this end the provisions of this act are severable.

History. Laws 1973, ch. 251, § 1; W.S. 1957, § 22.1-426.

Chapter 28 Hospital District Elections [Repealed]

Am. Jur. 2d, ALR and C.J.S. references. —

29 C.J.S. Elections, § 127.

§§ 22-28-101 through 22-8-111. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

This chapter, which derived from Laws 1980, ch. 19, § 1, related to hospital district elections.

Chapter 29 Special District Elections Act

Cross references. —

For the Resort District Act, see Title 18, Chapter 16.

Savings clauses. —

Laws 1994, ch. 99, § 4, provides: “Notwithstanding W.S. 22-29-103(d) as created in section 1 of this act, rules, regulations, ordinances or bylaws duly adopted before January 1, 1995, by districts which are subject to this act are effective through March 31, 1995, without the requirements of filing. Nothing in this act shall affect the validity of contracts or other obligations of districts created before January 1, 1995.”

Am. Jur. 2d, ALR and C.J.S. references. —

25 Am. Jur. 2d Elections §§ 8 to 13.

29 C.J.S. Elections §§ 73, 74.

Article 1. General Provisions