2023 23LSO-0196
STATE OF WYOMING
HOUSE BILL NO. HB0063
Vacancies in elected office.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to elections; amending procedures for
2 filling vacancies in specified federal and state offices;
3 requiring special elections as specified if more than half
4 of the term of the office remains at the time of the
5 vacancy; making conforming amendments; repealing
6 provisions; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 9-1-212, 9-1-802(e),
11 22-2-101(a)(iii), 22-2-104(d), 22-2-109(a) and (b)(intro),
12 22-2-110(a), 22-2-111(a), 22-6-112, 22-6-117(a)(intro),
13 22-6-121(a), 22-6-122, 22-6-125(a)(intro), 22-18-103
14 through 22-18-109, 22-18-111(a)(intro), (iii)(intro), (A)
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1 and by creating a new subparagraph (E) and 28-1-106 are
2 amended to read:
3
4 9-1-212. Vacancy in office of governor; term of
5 successor; when election held to fill unexpired term;
6 requirements of elections; term of person elected.
7
8 Whenever the powers and duties of the office of the
9 governor of the state of Wyoming devolve upon any other
10 person as provided in W.S. 9-1-211(a), the person acting as
11 governor shall continue to act as governor until the end of
12 the term of the governor if the office is assumed less than
13 sixty (60) days one hundred ten (110) days before the last
14 date for an election under W.S. 22-2-104(d) occurring
15 before the next general election. If the office is assumed
16 more than sixty (60) days one hundred ten (110) days before
17 the date for an election under W.S. 22-2-104(d) occurring
18 before a general election the person acting as governor
19 shall issue an additional proclamation calling for the
20 election of a governor to fill the unexpired term, which
21 election shall take place at the same time as the general
22 election, and the election, together with the returns and
23 canvass thereof, shall be conducted in all respects as
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1 though it was an original election for governor. When the
2 state canvassing board canvasses the vote of the election
3 and declares a person at the election to be elected as
4 governor, the person call for a special election as
5 provided in W.S. 22-18-103 through 22-18-109. The candidate
6 issued a certificate of election pursuant to W.S. 22-18-109
7 shall, within thirty (30) days after the canvass issuance
8 of the certificate, or as soon thereafter as possible,
9 qualify and assume the duties and powers of governor, and
10 shall be the governor of the state of Wyoming for the
11 remainder of the unexpired term of the governor.
12
13 9-1-802. Election; term; qualifications; full-time;
14 private practice prohibited; exception; salary; vacancies.
15
16 (e) A vacancy in the office of district attorney
17 shall be filled by the board or boards of county
18 commissioners under the procedure for filling vacancies in
19 the office of a member of the state legislature or state
20 senator established by W.S. 22-18-111 22-18-111(a)(iii)(A)
21 through (D). Vacancies shall be filled until the next
22 general election and the appointee shall be qualified
23 pursuant to subsections (b) and (c) of this section.
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1
2 22-2-101. Applicability and construction of Election
3 Code generally.
4
5 (a) Chapters 1 through 28 of this Election Code apply
6 to the following elections:
7
8 (iii) Special elections to fill vacancies in the
9 office of representative in congress under W.S. 22-18-103
10 through 22-18-109;
11
12 22-2-104. Election dates.
13
14 (d) Every bond election and every special election
15 held for the purpose of filling a vacancy pursuant to W.S.
16 22-18-103 through 22-18-109 shall be held on the same day
17 as a primary election or a general election, or on the
18 first Tuesday after the first Monday in May or November, or
19 on the first Tuesday after the third Monday in August.
20
21 22-2-109. County clerk to publish proclamation.
22
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1 (a) Between one hundred one (101) and ninety-one (91)
2 days before each primary election and each special election
3 held in August as provided in W.S. 22-2-104(d) for the
4 purpose of filling a vacancy pursuant to W.S. 22-18-103
5 through 22-18-109, the county clerk in each county shall
6 publish at least once in a newspaper of general circulation
7 in the county and post in the county clerk's office and at
8 the place where each municipality within the county
9 regularly holds its council meetings a proclamation setting
10 forth the date of the election, the offices to be filled at
11 the election including the terms of the offices, the number
12 of persons required by law to fill the offices, the filing
13 deadline for the offices and the requirements for filing
14 statements of campaign contributions and expenditures. The
15 proclamation shall also include the aforementioned
16 information regarding offices to be filled at the general
17 election and any other pertinent primary election
18 information. In addition, the description of any ballot
19 proposition submitted to the voters of the state, a
20 political subdivision thereof, county or other district
21 shall be included.
22
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1 (b) Between ninety (90) and seventy (70) days before
2 each general election and each special election held in May
3 or November as provided in W.S. 22-2-104(d) for the purpose
4 of filling a vacancy pursuant to W.S. 22-18-103 through
5 22-18-109, the county clerk in each county shall publish at
6 least once in a newspaper of general circulation in the
7 county and post in the county clerk's office and at the
8 place where each municipality within the county regularly
9 holds its council meetings a proclamation setting forth the
10 following:
11
12 22-2-110. Computing periods of time.
13
14 (a) Except for special elections to fill vacancies
15 for a congressman under W.S. 22-18-105 through 22-18-109,
16 Periods of time are computed by excluding the specific day
17 and counting the prescribed number of days, including
18 Saturdays, Sundays and full legal holidays. If the first
19 day of a time period falls on a Saturday, Sunday or full
20 legal holiday, the preceding day which is not a Saturday,
21 Sunday or full legal holiday shall be used. If the last day
22 of a time period falls on a Saturday, Sunday or full legal
23 holiday, the next day which is not a Saturday, Sunday or
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1 full legal holiday shall be used. All days, except the
2 specific day, but including the last day, shall be used to
3 compute the time limits established under W.S. 22-18-105
4 22-18-103 through 22-18-109 unless the last day of a time
5 period falls on a Saturday, Sunday or full legal holiday in
6 which case the next day which is not a Saturday, Sunday or
7 full legal holiday shall be used.
8
9 22-2-111. Employees time off to vote.
10
11 (a) Any person entitled to vote at any primary or
12 general election or special election to fill a vacancy in
13 the office of representatives in the congress of the United
14 States under W.S. 22-18-103 through 22-18-109 is, on the
15 day of such election, entitled to absent himself from any
16 service or employment in which he is then engaged or
17 employed for a period of one (1) hour, other than meal
18 hours, the hour being at the convenience of the employer,
19 between the time of opening and closing of the polls. Such
20 elector shall not, because of so absenting himself, lose
21 any pay, providing he actually casts his legal vote.
22
23 22-6-112. Name to appear only once; exception.
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1
2 (a) Except as provided in W.S. 22-18-103 through
3 22-18-109, no candidate's name shall appear on the partisan
4 ballot more than once, except that of a candidate for the
5 office of precinct committeeman or committeewoman, who may
6 also seek the office of president or vice president of the
7 United States or another office on the same partisan
8 primary ballot.
9
10 (b) Except as provided in W.S. 22-18-103 through
11 22-18-109, no candidate's name shall appear on the general
12 election ballot more than once, except that a candidate for
13 a partisan office may also seek the office of president or
14 vice president of the United States or a nonpartisan office
15 on the same general election ballot in accordance with W.S.
16 22-2-116.
17
18 22-6-117. Order of listing offices in partisan
19 elections.
20
21 (a) Except as provided in W.S. 22-18-103 through
22 22-18-109, the major party primary and general partisan
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1 election ballots shall contain the offices to be voted on
2 in the following order:
3
4 22-6-121. Political party ballot position on general
5 election ballot; order of candidates' names.
6
7 (a) Except as provided in W.S. 22-18-103 through
8 22-18-109, political party position shall be determined on
9 the general election ballot according to the number of
10 votes received by each party within the county for the
11 office of representative in congress at the last preceding
12 general election. The party receiving the highest number
13 of votes shall appear first following the names of the
14 offices to be voted for and other parties shall follow in
15 the order of their respective numbers of such votes. The
16 order of any provisional parties will be drawn by the
17 secretary of state. Any independent candidates shall
18 appear following the last party and shall be listed in
19 alphabetical order, subject to rotation. When more than
20 one (1) candidate is to be elected to a particular office,
21 the names of candidates shall be printed in alphabetical
22 order, subject to rotation, on all ballots for electronic
23 and machine voting systems as defined by W.S. 22-1-102.
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1
2 22-6-122. Rotation of candidates' names; equal lines
3 on voting machines.
4
5 Except as provided in W.S. 22-18-103 through 22-18-109, the
6 names of candidates for each office shall be rotated on all
7 ballots by precinct for all elections. In each county the
8 name of each candidate shall appear substantially an equal
9 number of times at the top, at the bottom, and in each
10 intermediate place. In a voting machine polling place, if
11 candidates for the same office occupy more than one (1)
12 line on the voting machine, the number of names appearing
13 on each line shall be as nearly equal as possible.
14
15 22-6-125. Order of offices and ballot propositions on
16 nonpartisan ballots.
17
18 (a) Except as provided in W.S. 22-18-103 through
19 22-18-109, the nonpartisan ballot shall contain the offices
20 and ballot propositions to be voted on in the following
21 order:
22
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1 22-18-103. Filling vacancies in federal and state
2 offices; generally.
3
4 A vacancy in the office of United States senator,
5 representative in congress, member of the state legislature
6 or an elected state official shall be filled for the
7 unexpired term at a special election called for the purpose
8 by the governor, provided the vacancy does not occur within
9 six (6) months of the next general election as provided in
10 W.S. 22-18-103 through 22-18-111. For purposes of W.S.
11 22-18-103 through 22-18-111, "vacated office" means an
12 office specified in this section.
13
14 22-18-104. Filling vacancy of in federal and state
15 offices; procedure; qualification to vote.
16
17 The governor or acting governor pursuant to W.S. 9-1-212(a)
18 shall declare a vacancy under W.S. 22-18-103 and unless the
19 vacancy will be filled by appointment under W.S. 22-18-111
20 shall call such special election for the vacancy to be
21 filled by issuing a writ of election to the county clerk of
22 each county voting for the office and to the secretary of
23 state. The writ shall be issued within five (5) days after
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1 the vacancy occurs and shall specify the day of the
2 election and the office to be filled.
3
4 22-18-105. Filling vacancy in federal and state
5 offices; whether filled at general or special election;
6 procedure.
7
8 If the Except for appointments as specified in W.S.
9 22-18-111, a vacancy in the office of representative in
10 congress occurs within six (6) months prior to the next
11 general election, the vacancy under W.S. 22-18-103 shall be
12 filled at the general election. Otherwise the special
13 election shall occur on the Tuesday following the
14 eighty-ninth day after the vacancy occurs, unless that
15 Tuesday falls on a full legal holiday in which case the
16 election shall occur on the next Tuesday which is not a
17 full legal holiday. The governor shall declare the vacancy
18 and issue the writ of election within five (5) days after
19 the vacancy occurs for the remainder of the unexpired term
20 at a special election as specified in this section. A
21 vacancy shall be filled at a special election on the next
22 date for an election specified in W.S. 22-2-104(d) if the
23 vacancy occurs not less than one hundred ten (110) days
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1 prior to that election. If the vacancy occurs less than one
2 hundred ten days (110) days before the next election
3 specified in W.S. 22-2-104(d), the vacancy shall be filled
4 at the next following election date specified in W.S.
5 22-2-104(d). All costs incurred in carrying out a special
6 election under this section that is not concurrent with an
7 election under W.S. 22-2-104(a) or (b) shall be borne by
8 the secretary of who shall reimburse the county treasurer
9 for the costs paid by the county for the special election.
10
11 22-18-106. Filling vacancies in federal and state
12 offices; nominations.
13
14 (a) An elector qualified to hold the a vacated office
15 of representative in congress shall be nominated by the
16 state central committee of the respective parties to fill a
17 vacancy for the unexpired term of that office. file a
18 signed petition in substantially the following form:
19
20 APPLICATION TO FILL VACATED OFFICE BY SPECIAL ELECTION
21
22 State of Wyoming )
23
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1 ) ss
2
3 County of .... )
4
5 I, ...., swear or affirm that I was born on ...., (year),
6 that I have been a resident of the state of Wyoming since
7 ....., and that I am