2024 24LSO-0233
STATE OF WYOMING
HOUSE BILL NO. HB0037
Election offenses-intimidation.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to elections; creating the misdemeanor
2 offense of election intimidation; creating the felony
3 offense of aggravated election intimidation; providing for
4 penalties; repealing an inconsistent provision; and
5 providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 22-26-122 is created to read:
10
11 22-26-122. Election intimidation.
12
13 (a) Election intimidation consists of:
14
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1 (i) Inducing, or attempting to induce, fear in
2 an election official or elector by use of verbal threats of
3 force, violence, harm or loss, or any form of economic
4 retaliation, with the intent to impede or prevent the free
5 exercise of the elective franchise or the impartial
6 administration of the Election Code; or
7
8 (ii) Soliciting the contribution of funds, other
9 items of value or election assistance to the campaign of
10 any candidate, candidate's committee, political action
11 committee or sponsors of a ballot proposition, by use of
12 verbal threats of physical violence or any form of economic
13 or official retaliation.
14
15 (b) It is not a defense to a prosecution under this
16 section that the defendant did not in fact possess the
17 ability to carry out the threat made.
18
19 Section 2. W.S. 22-17-101(a)(v), 22-26-101(a)(x),
20 22-26-111(a) and 22-26-112(a) by creating a new paragraph
21 (xi) are amended to read:
22
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1 22-17-101. Right to contest elections; exception;
2 grounds.
3
4 (a) A qualified elector may contest the right of a
5 person declared elected to an office in the elector's
6 county, municipality, district or precinct, other than the
7 office of state legislator, United States president and
8 vice-president and presidential elector, on the following
9 grounds:
10
11 (v) The person whose election is contested
12 violated the provisions of W.S. 22-26-101 through 22-26-121
13 22-26-122.
14
15 22-26-101. Felony offenses generally.
16
17 (a) The following acts in connection with or related
18 to the election process or an election, if knowingly and
19 willfully committed, are felony offenses punishable by not
20 more than five (5) years' imprisonment in the state
21 penitentiary or a fine of not more than ten thousand
22 dollars ($10,000.00), or both:
23
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1 (x) Aggravated election intimidation under W.S.
2 22-26-111;
3
4 22-26-111. Aggravated election intimidation.
5
6 (a) Aggravated election intimidation consists of:
7
8 (i) Inducing, or attempting to induce, fear in
9 an election official or elector by use of threats of force,
10 violence, harm or loss, or any form of economic
11 retaliation, for the purpose of impeding or preventing with
12 the intent to impede or prevent the free exercise of the
13 elective franchise or the impartial administration of the
14 Election Code; or
15
16 (ii) Soliciting the contribution of funds, other
17 items of value or election assistance to the campaign of
18 any candidate, candidate's committee, political action
19 committee or sponsors of a ballot proposition, by use of
20 threats of physical violence. or any form of economic or
21 official retaliation.
22
23 22-26-112. Misdemeanor offenses generally.
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1
2 (a) Unless a different penalty is specifically
3 provided in this code, the following acts, if knowingly and
4 willfully committed, are misdemeanor offenses punishable by
5 not more than six (6) months in a county jail or a fine of
6 not more than one thousand dollars ($1,000.00), or both:
7
8 (xi) Election intimidation under W.S. 22-26-122.
9
10 Section 3. W.S. 22-26-111(b) is repealed.
11
12 Section 4. This act is effective July 1, 2024.
13
14 (END)
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Statutes affected:
Introduced: 22-17-101, 22-26-101, 22-26-111, 22-26-112