2023 23LSO-0191 STATE OF WYOMING HOUSE BILL NO. HB0049 Municipal nonpartisan rank choice elections. Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee A BILL for 1 AN ACT relating to municipal elections; creating a pilot 2 program authorizing municipalities to conduct nonpartisan 3 ranked-choice elections as specified; making conforming 4 amendments; requiring rulemaking; specifying applicability; 5 and providing for effective dates. 6 7 Be It Enacted by the Legislature of the State of Wyoming: 8 9 Section 1. W.S. 22-23-1101 through 22-23-1107 are 10 created to read: 11 12 ARTICLE 11 13 NONPARTISAN RANKED-CHOICE ELECTION PILOT 14 15 22-23-1101. Short title. 1 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 2 This article may be cited as the "Municipal Alternate 3 Voting Methods Pilot Project Act." 4 5 22-23-1102. Definitions. 6 7 (a) As used in this act: 8 9 (i) "Candidate amplifier" means the product of: 10 11 (A) Two (2) less than the total number of 12 candidates in a given canvassing phase of a multi-candidate 13 race; and 14 15 (B) Two hundredths of one percent (0.02%). 16 17 (ii) "Canvassing phase" means a phase of the 18 audit function that culminates in the final certification 19 of official election returns; 20 21 (iii) "Multi-candidate race" means a nonpartisan 22 municipal race where more than two (2) candidates qualify 23 to run for one (1) office or where the number of candidates 2 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 who qualify for the race exceeds the total number of seats 2 to be filled; 3 4 (iv) "Participating municipality" means a city 5 or town that is participating in the pilot project in 6 accordance with W.S. 22-23-1103; 7 8 (v) "Pilot project" means the municipal 9 alternate voting methods pilot project created in W.S. 10 22-23-1103; 11 12 (vi) "Recount threshold" means the sum of the 13 candidate amplifier and only one (1) of the following: 14 15 (A) For a canvassing phase in which fewer 16 than one hundred (100) valid votes are counted, twenty-one 17 hundredths of one percent (0.21%); 18 19 (B) For a canvassing phase in which at 20 least one hundred (100) but fewer than five hundred (500) 21 valid votes are counted, nineteen hundredths of one percent 22 (0.19%); 23 3 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 (C) For a canvassing phase in which at 2 least five hundred (500) but less than one thousand (1,000) 3 valid votes are counted, seventeen hundredths of one 4 percent (0.17%); 5 6 (D) For a canvassing phase in which at 7 least one thousand (1,000) but fewer than five thousand 8 (5,000) valid votes are counted, fifteen hundredths of one 9 percent (0.15%); 10 11 (E) For a canvassing phase in which at 12 least five thousand (5,000) but fewer than ten thousand 13 (10,000) valid votes are counted, thirteen hundredths of 14 one percent (0.13%); or 15 16 (F) For a canvassing phase in which ten 17 thousand (10,000) or more valid votes are counted, eleven 18 hundredths of one percent (0.11%). 19 20 (vii) "This act" means the Municipal Alternate 21 Voting Methods Pilot Project Act. 22 4 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 22-23-1103. Municipal alternate voting methods pilot 2 project; creation; participation. 3 4 (a) There is created the municipal alternate voting 5 methods pilot project. 6 7 (b) The pilot project shall begin on January 1, 2024 8 and shall only apply to municipal general elections and 9 municipal elections held under W.S. 22-23-202. 10 11 (c) A municipality may participate in the pilot 12 project, in accordance with the requirements of this act 13 and all other applicable provisions of law, during any year 14 that the pilot project is in effect, if, not later than 15 January 1 of the year a municipal general election or a 16 municipal election held under W.S. 22-23-202 is to be held, 17 the municipality provides written notice to the secretary 18 of state that: 19 20 (i) The municipality intends to participate in 21 the pilot project for the year specified in the notice; and 22 5 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 (ii) Includes a document, signed by the county 2 or municipal clerk, stating that the municipality has the 3 resources and capability necessary for the municipality to 4 successfully execute an election under the pilot project 5 and that the municipality shall reimburse the county for 6 any additional expenses related to conducting an election 7 under the pilot project. 8 9 (d) The secretary of state shall maintain, in a 10 prominent place on the secretary of state's website, a 11 current list of the municipalities that are participating 12 in the pilot project. 13 14 (e) A participating municipality shall, in accordance 15 with this act, conduct any multi-candidate race during the 16 municipal general election or municipal elections held 17 under W.S. 22-23-202 using ranked-choice voting. 18 19 (f) A county clerk or municipal clerk of a 20 participating municipality that will conduct a 21 multi-candidate race under subsection (e) of this section 22 shall not conduct a municipal primary election relating to 23 that race. A participating municipality shall also have the 6 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 option of not conducting a municipal primary election for 2 any race during a year a municipality participates in the 3 pilot project. 4 5 22-23-1104. Ranked-choice voting. 6 7 (a) To vote in a multi-candidate race pursuant to 8 W.S. 22-23-1103, an elector: 9 10 (i) Shall indicate, as directed on the ballot, 11 the name of the candidate who is the elector's first 12 preference for the office; and 13 14 (ii) May indicate, as directed on the ballot, 15 the names of the remaining candidates in order of the 16 elector's preference. 17 18 (b) The ballot or portion thereof for a 19 multi-candidate race conducted pursuant to W.S. 22-23-1103 20 shall: 21 22 (i) List each qualified candidate for office; 23 7 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 (ii) Opposite each candidate's name, include a 2 place where an elector can indicate an elector's vote in 3 order of preference for each candidate; 4 5 (iii) Provide the ability for an elector to 6 enter a write-in candidate's name and indicate the 7 elector's ordered preference for the write-in candidate; 8 and 9 10 (iv) Except as provided in paragraphs (i) 11 through (iii) of this subsection, follow the requirements 12 for nonpartisan ballots for general elections in W.S. 13 22-6-120 through 22-6-127. 14 15 (c) In a multi-candidate race conducted pursuant to 16 W.S. 22-23-1103, the county or municipal clerk shall 17 conduct the first ballot-counting phase by counting the 18 valid first-preference votes for each candidate. If, after 19 complying with subsection (g) of this section: 20 21 (i) One of the candidates receives more than 22 fifty percent (50%) of the valid first preference votes 8 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 counted, the county or municipal clerk shall certify the 2 candidate elected; or 3 4 (ii) If, after counting the valid first 5 preference votes for each candidate and after complying 6 with subsection (g) of this section, no candidate receives 7 more than fifty percent (50%) of the valid first preference 8 votes counted, the county or municipal clerk shall conduct 9 the second ballot-counting phase by: 10 11 (A) Excluding from the multi-candidate race 12 the candidate who received the fewest valid 13 first-preference votes counted. In the event of a tie for 14 the fewest valid first-preference votes counted, excluding 15 one (1) of the tied candidates as determined by the county 16 or municipal clerk by lot, in accordance with subsection 17 (h) of this section; and 18 19 (B) Adding to the valid first preference 20 votes counted for the remaining candidates the valid second 21 preference votes cast for the remaining candidates by the 22 electors who cast a valid first preference vote for the 23 excluded candidate. If, after adding the votes in 9 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 accordance with this subparagraph and complying with 2 subsection (g) of this section, one (1) candidate receives 3 more than fifty percent (50%) of the valid votes counted, 4 the county or municipal clerk shall certify that candidate 5 elected. 6 7 (iii) If, after adding the valid second 8 preference votes in accordance with paragraph (ii) of this 9 subsection and after complying with subsection (g) of this 10 section, no candidate receives more than fifty percent 11 (50%) of the valid votes counted, the county or municipal 12 clerk shall conduct subsequent ballot-counting phases by 13 continuing the process described in paragraph (ii) of this 14 subsection until one (1) candidate receives more than fifty 15 percent (50%) of the valid votes counted. 16 17 (d) The county or municipal clerk shall certify as 18 elected the first candidate who receives more than fifty 19 percent (50%) of the valid votes counted under the process 20 described in subsection (c) of this section. 21 22 (e) A vote is not valid for a particular phase of a 23 multi-candidate race conducted under W.S. 22-23-1103, and 10 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 for all subsequent phases, if the elector indicates the 2 same numerical rank for more than one (1) candidate for 3 that phase. 4 5 (f) The county or municipal clerk shall order a 6 recount of the valid votes in the applicable 7 ballot-counting phase if one (1) candidate appears to have 8 received more than fifty percent (50%) of the vote and the 9 difference between the number of votes counted for the 10 candidate who received the most valid votes for the 11 applicable ballot-counting phase and the votes counted for 12 any of the other candidates in the race is equal to or less 13 than the product of the following, rounded to the nearest 14 whole number: 15 16 (i) The total number of electors who cast a 17 valid vote that is counted in the applicable 18 ballot-counting phase of the race; and 19 20 (ii) The recount threshold. 21 22 (g) Before excluding a candidate from a 23 multi-candidate race under subsection (c) of this section, 11 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 the county or municipal clerk shall order a recount of the 2 valid votes counted in the applicable ballot-counting phase 3 if the difference between the number of votes counted for 4 the candidate who received the fewest valid votes in the 5 applicable ballot-counting phase of the race and any other 6 candidate in the race is equal to or less than the product 7 of the following, rounded up to the nearest whole number: 8 9 (i) The total number of electors who cast a 10 valid vote counted in the ballot-counting phase; and 11 12 (ii) The recount threshold. 13 14 (h) For each ballot-counting phase after the first 15 phase, if, after a recount is completed under subsection 16 (g) of this section, two (2) or more candidates tie as 17 having received the fewest valid votes counted at that 18 point in the ballot count, the county or municipal clerk 19 shall eliminate one (1) of those candidates from 20 consideration, by lot, in the following manner: 21 12 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 (i) Determine the names of the candidates who 2 tie as having received the fewest valid votes for that 3 ballot-counting phase; 4 5 (ii) Cast the lot in the presence of at least 6 two (2) election officials and any poll watchers who are 7 present and desire to witness the casting of the lot; and 8 9 (iii) Sign a public document that: 10 11 (A) Certifies the method used for casting 12 the lot and the result of the lot; and 13 14 (B) Includes the name of each individual 15 who witnessed the casting of the lot. 16 17 (j) In a multi-candidate race conducted under W.S. 18 22-23-1103 where more than one (1) candidate is to be 19 elected to a particular office and where the number of 20 candidates who qualify for the race exceeds the total 21 number of seats to be filled for the office, the county or 22 municipal clerk shall count the votes by: 23 13 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 (i) Except as provided in subsection (k) of this 2 section, counting votes in the same manner as described in 3 subsections (c) through (h) of this section, until a 4 candidate is certified elected; 5 6 (ii) Repeating the process described in 7 paragraph (i) of this subsection for all candidates that 8 are not certified elected until another candidate is 9 certified elected; and 10 11 (iii) Continuing the process described in 12 paragraph (ii) of this subsection until all seats in the 13 race are filled. 14 15 (k) After a candidate in a multi-candidate race where 16 more than one (1) candidate is to be elected to a 17 particular office is certified elected under subsection (j) 18 of this section, the county or municipal clerk shall, in 19 repeating the process described in subsections (c) through 20 (h) of this section to certify the next candidate elected, 21 add to the vote totals the next valid preference vote of 22 each elector whose vote was counted for a candidate already 23 certified elected. 14 HB0049 2023 STATE OF WYOMING 23LSO-0191 1 2 22-23-1105. Batch elimination. 3 4 (a) In any ballot count conducted under W.S. 5 22-23-1104, the county or municipal clerk may exclude 6 candidates through batch elimination by, instead of 7 excluding only one (1) candidate in a ballot-counting 8 phase, excluding each candidate: 9 10 (i) Where the number of remaining candidates 11 with more valid votes than the candidate to be excluded is 12 greater than or equal to the number of offices to be 13 filled; and 14 15 (ii) Where the number of valid votes counted for 16 that candidate in the phase plus the number of votes 17 counted for all candidates with fewer valid votes in the 18 phase is less than the number of valid votes for the 19 candidate with the next highest amount of valid votes in 20 the phase; and