TITLE 22 - ELECTIONSCHAPTER 1 - WYOMING ELECTION CODE
22-1-101.

Citation.

This act is cited as the Wyoming Election Code of 1973, as
amended.
22-1-102.

Definitions.

(a) The definitions contained in this chapter apply towords and phrases used in this Election Code and govern theconstruction of those words and phrases unless they are
specifically modified by the context in which they appear. As
used in this Election Code:(i) "Automatic tabulating equipment" means apparatus
that automatically examines and counts votes recorded on paper
ballots or ballot cards and tabulates the results;(ii) "Ballot" means the cardboard, paper or othermaterial upon which a voter marks his votes;(iii) "Ballot card" means a ballot that can becounted using automatic tabulating equipment;(iv)

Repealed By Laws 2014, Ch. 108, § 2.

(v) "Ballot proposition" is any question or measuresubmitted to a vote of the people of the state, a subdivision
thereof, county, district, city or town, and includes aconstitutional amendment, initiative, referendum, bond measure,or any other question or measure required to be approved by avote of the people;(vi) "Bond" means any bond, note, certificate ofindebtedness, coupon, or other obligation for the payment ofmoney, issued by any political subdivision, including any bondpayable from taxes, revenues or other sources;(vii) "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 shallbe his or her principal campaign committee;(viii) "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;(ix)"City clerk" means a clerk of a municipality;(x) "Convention" is an organized assemblage ofelectors or delegates representing a political party;(xi) "Counting center" is the location or locations
designated by the county clerk for the automatic tabulating andcounting of ballots;(xii) "County chairman" means the county chairman ofa political party or the state chairman if the party has nochairman for the particular county;(xiii) "Election," when used without qualifying
adjectives, means all elections participated in by the voters ofa city, town, county, district or the state;(xiv) "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 andautomatic tabulating equipment for the recording, tabulating andcounting of votes in an election;(xv) "Envelope" means any type of container used tocontain or hold election documents;(xvi) "Independent candidate" is a person who isrunning for nomination or election to a public office but who
does not represent a political party;(xvii) "Major political party" means a politicalorganization 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 generalelection;(xviii) "Minor political party" means a politicalorganization 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;(xix) "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);(xx) "Political action committee" means any group of
two (2) or more persons organized and associated for the purposeof 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, forsupport of or opposition to any initiative or referendum
petition drive or for the adoption or defeat of any ballot
proposition;(xxi) "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 politicalsubdivision of the state constituting a body corporate, whether
incorporated under general act, special charter, or otherwise;(xxii) "Pollbook" means a book, or hardware, softwareor any combination thereof commonly referred to as an electronic
pollbook, used in a polling place on election day containing
information specified by law;(xxiii) "Poll list" is the list of registered votersas compiled by the clerk for use by election judges at thepolls. The poll list shall:(A) Include the names and residence addresses ofelectors registered in the precinct;(B) Indicate the precinct and various districts
in which each elector resides;(C)electors, if any;

Indicate political party affiliation of the(D) Indicate which electors have registered by
mail and must show identification;

(E) Indicate which electors have submitted
absentee ballots in the election prior to the printing of thepoll list;(F)

Provide for the notation of:(I)

A sequential number for each elector(II)

Electors who cast provisional ballots;

voting at the polls;(III) Electors who cast absentee ballots if
the absentee ballots are processed and counted at the polls;(IV) Electors who change political party
affiliation at the polls.
(G) Provide for the recording of the same
information for electors who register at the polls;(H) Provide other space as required for election
management purposes.
(xxiv) "Poll watcher" means a person certified by thecounty chairman of a political party to observe voter turn out
and registration. A "poll watcher" is not an election official;(xxv) "Provisional party" means a politicalorganization which has filed a legally valid petition asprovided under article 4 of chapter 4 of this code. The filingof a legally valid petition entitles the provisional party toparticipate in the next general election. If the provisional
party's candidate for any one (1) of the offices of the UnitedStates house of representatives, governor or secretary of state,receives not less than two percent (2%) of the total votes castfor that office in that election, the provisional party does not
lose party status;(xxvi) "Qualified elector" includes every citizen of
the United States who is a bona fide resident of Wyoming, hasregistered to vote and will be at least eighteen (18) years ofage on the day of the election at which he may offer to vote. No
person is a qualified elector who is a currently adjudicatedmentally incompetent person, or who has been convicted of afelony and his civil or voting rights have not been restored. A
literacy test shall not be imposed as a condition to voting inany election;

(xxvii) "Registration" is the entry and verificationof the name and voter information of a qualified elector on theofficial registry list, as provided in W.S. 22-3-104(f) and22-3-108;(xxviii) "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);(xxix) "Registry list" is the list by precinct of thenames, addresses, party affiliations, unique identifying numbers
generated by the state, information relating to absentee ballot
status, registration dates and precinct and district numbers of
the registered electors in the county prepared by the secretaryof state or county clerks for distribution as provided in W.S.
22-2-113;(xxx) "Residence" is the place of a person's actual
habitation. The construction of this term shall be governed by
the following rules:(A) Residence is the place where a person has acurrent habitation and to which, whenever he is absent, he has
the intention of returning;(B) A person shall not gain or lose residence
merely by reason of his presence or absence while:(I) Employed in the service of the UnitedStates or of this state; or(II)A student at an institution of(III)

Kept at a hospital or otherlearning; orinstitution; or(IV) Stationed at or residing on a militaryreservation or installation or at a transient camp maintained
for relief purposes by the government of the United States inthis 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 thedetermination of the person's residence within the state forvoting purposes.

(C) A person shall not lose his residence byleaving 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 otherstate, district or country;(D) A person shall not gain residence in acounty if he enters it without the intent of making it his
current actual residence;(E) If a person removes to another state with
the intent of making it his residence, he loses his residence inWyoming; except that in a general election year, if his
registration is valid in Wyoming when he leaves this state andhe is unable to qualify under the laws of his new state ofresidence to vote at the primary or general election, he shallbe deemed to have retained residence in Wyoming for purposes ofvoting by absentee ballot in the primary or general election;(F) A person who takes up or continues his abodeat a place other than where his family resides, shall be aresident of the place where he actually abides;(G) Candidates seeking election to the office ofUnited States senator or representative in congress shall not,at the time of knowingly seeking nomination or election asprovided by paragraph (liii) of this subsection, claim or
currently be claiming any residence or receive the benefits ofresidency from any other state, excluding the benefits ofresidency related to or incidental from maintaining a residenceat or near the United States capital.
(xxxi) "Square" for purposes of chapter 6 of thiscode shall include a box or oval used to designate the area for
casting a vote;(xxxii) "Tally sheet" means the document used totabulate hand counted paper ballots;(xxxiii)

Repealed by Laws 2018, ch. 118, § 2.

(xxxiv)"Voting device" means:(A)

Repealed By Laws 2008, Ch. 115, § 2.

(B) A device for marking the ballots with ink oranother substance; or(C) Any other method for recording votes onballots so that the ballot may be tabulated by means ofautomatic tabulating equipment.
(xxxv) "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 thevoter;(xxxvi) "Federal office" means the offices ofpresident and vice-president of the United States, United States
senator and representative in congress;(xxxvii) "Immediate family" means a spouse, parent,
sibling, child or other person living in the individual's
household;(xxxviii) "Election assistance" does not include theposting of campaign signs or the availability of campaign
materials;(xxxix)"Acceptable identification" means:(A) 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;(B) For purposes of in person voter
identification immediately before voting at a polling place orabsentee polling place, any of the following:(I) A Wyoming driver's license as definedby W.S. 31-7-102(a)(xxv);(II) A tribal identification card issued by
the governing body of the Eastern Shoshone tribe of Wyoming, theNorthern Arapaho tribe of Wyoming or other federally recognizedIndian tribe;(III)

A Wyoming identification card issued(IV)

A valid United States passport;

under W.S. 31-8-101;

(V)A United States military card;(VI) A driver's license or identification
card issued by any state or outlying possession of the UnitedStates;(VII) Photo identification issued by the
University of Wyoming, a Wyoming community college or a Wyoming
public school;(VIII) A valid Medicare insurance card.
This subdivision is repealed effective December 31, 2029;(IX) A valid Medicaid insurance card. Thissubdivision is repealed effective December 31, 2029;(X) A valid permit issued by the state of
Wyoming to carry a concealed firearm.
(xl) "Canvass" means the audit function that
culminates in the final certification of official election
returns;(xli) "Provisional ballot" means a ballot provided toa voter whose right to register or to vote cannot be determinedat the polls or verified at the election office, in order toallow the voter to cast a ballot at the polls which shall becounted only if the ballot is determined to be a valid ballot asprovided in this Election Code;(xlii) "Recount" is the processing of ballots throughthe tabulation system for an additional time or times, conducted
for the specific purpose of counting votes again in any specificrace, based upon the criteria of W.S. 22-16-109 or 22-16-111;(xliii) "Retabulation" is the process of runningballots back through the tabulation system for an additionaltime or times for the express purpose of reconciling the count;(xliv) "Tribal clerk" means an official designated by
the Eastern Shoshone Tribe and an official designated by theNorthern Arapaho Tribe or an official designated by thecooperative tribal governing body of the Wind River Indian
Reservation acting pursuant to a cooperative agreement enteredinto by a county and the respective tribe pursuant to W.S. 16-1101, which agreement provides for the official to provide

services as a registry agent under the direct supervision andcontrol of the county clerk;(xlv) "Print" means to write in letters and reproduce
whether on paper or other medium by mechanical, magnetic orelectrical process;(xlvi) "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;(xlvii) "Precinct" means an area with establishedboundaries within a political subdivision used for casting andcounting votes;(xlviii) "Polling place" means the physical location
where voters cast their ballots on election day;(xlix) "Vote center" means a polling place at which
any registered elector in the political subdivision holding theelection may vote, regardless of the precinct in which heresides, connected through secure internet connections toprovide voting information to and receive voting informationfrom the electronic pollbook maintained by the county clerk andused as an option to traditional polling places at thediscretion of the county clerk;(l) "Overvote" means a vote placed on a ballot
question in excess of the allowable votes for that ballot
question;(li) "Undervote" means a vote that could have been
made on a ballot question but which was not made on that ballot
question;(lii) "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;(liii) "Candidate" means any person who knowingly
seeks nomination or election to public office by:(A) Filing an application for nomination by
primary election, nomination by political party convention or bypetition for nomination;

(B) Write-in, except that this subparagraphshall 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;(C)

Forming a campaign committee; or(D) Receiving contributions or making
expenditures, or giving consent for any individual to receive
contributions or make expenditures, in order to securenomination or election to public office.
(liv) "Air gap" means a security measure where
electronic voting systems and computers used within thosesystems are physically isolated from any network and are notdirectly or indirectly connected to the internet nor connected
to any other system, network or device that is connected to theinternet.
CHAPTER 2 - GENERAL PROVISIONS
22-2-101.
generally.

Applicability and construction of Election Code(a) Chapters 1 through 28 of this Election Code apply tothe following elections:(i)

General elections;(ii)

Primary elections;(iii) Special elections to fill vacancies in theoffice of representative in congress;(iv)

County elections;(v)

Municipal elections;(vi)

School and community college elections;(vii)
elections;(viii)

Bond, mill levy and political subdivision tax
Any special election;(ix) 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 thisElection Code apply;(x)Elections held under chapter 29 of this title if:(A)on the matter; andThe special district principal act is silent(B) Chapter 29 of this title and rules
promulgated pursuant to that chapter are silent on the matter.
(b) This Election Code shall be construed so that alllegally qualified electors may register and vote, that those whoare not qualified shall not vote, and that fraud and corruption
in elections shall be prevented.
22-2-102.

Repealed By Laws 1998, ch. 100, § 5.

22-2-103.

Chief election officers.

The secretary of state is the chief election officer for thestate and shall maintain uniformity in the applications andoperations of the election laws of Wyoming. Each county clerk is
the chief election officer for the county.
22-2-104.

Election dates.

(a) A general election shall be held for all the precinctsof this state on the Tuesday next following the first Monday in
November of each even-numbered year.
(b) A primary election shall be held at the regularpolling places for each precinct on the first Tuesday after thethird Monday in August in general election years for thenomination of candidates for partisan and nonpartisan offices tobe filled at the succeeding general election and for theelection of major party precinct committeemen andcommitteewomen.
(c) A May town election as authorized by W.S. 22-23-202
shall be held on the first Tuesday after the first Monday in themonth of May every two (2) years.
(d) 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.

(e) The election of members of the board of trustees ofeach school district and community college district shall beheld for each district on the first Tuesday after the firstMonday in November in general election years.
22-2-105.
elections.

Terms of office and offices voted on at general(a) The terms of office and offices voted on at generalelections are as follows:(i) Two Year Term.-At every general election there
shall be elected the number of representatives in congress towhich this state is entitled and members of the Wyoming house ofrepresentatives;(ii) Four Year Term. - At the general election in1974 and in every fourth (4th) year thereafter, there shall beelected 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 acircuit court judge or a magistrate of the circuit court shallbe submitted:(A) For a circuit court judge, to the electorateof all counties within the circuit;(B) For a magistrate required by law to standfor retention, to the electorate of the county wherein themagistrate serves.
(iii) 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 thegeneral 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 shallbe submitted to the electorate of the several judicial
districts, as necessary;

(iv) 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 asnecessary.
22-2-106.
electors.

Election of presidential and vice-presidential

At the general election in 1976 and every fourth year
thereafter, there shall be elected the number of electors ofpresident and vice-president of the United States to which thestate is entitled.
22-2-107.
offices.

When elected state and county officers assume

All state and county officers elected at a general election
shall assume their offices on the first Monday in January next
following their election.
22-2-108.
elected.

Secretary of state to certify officers to be

Between the twenty-fourth day of April and the third day of May
in each general election year, the secretary of state shalltransmit 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.
22-2-109.

County clerk to publish proclamation.

(a) 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 generalcirculation 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 theelection 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 ofcampaign contributions and expenditures. The proclamation shallalso include the aforementioned information regarding offices tobe 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.
(b) Between ninety (90) and seventy (70) days before eachgeneral 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:(i)

The date of the election;(ii) For any offices not previously included in the
proclamation published pursuant to subsection (a) of thissection, the offices to be filled at the election including theterms of the offices and the number of persons required by law
to fill the offices;(iii) The requirements for filing statements ofcampaign contributions and expenditures not previously includedin the proclamation published pursuant to subsection (a) of thissection;(iv)
information;

Any other pertinent general election(v) The legislative description of each proposedconstitutional amendment or other ballot proposition submitted
to the voters of the state, a political subdivision thereof,
county or other district.
(c) Minor errors in any proclamation shall not invalidate
the forthcoming election.
22-2-110.

Computing periods of time.

(a) Except for special elections to fill vacancies for acongressman under W.S. 22-18-105 through 22-18-109, periods oftime are computed by excluding the specific day and counting theprescribed number of days, including Saturdays, Sundays and fulllegal 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 orfull 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 through22-18-109 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 shallbe used.
(b)

When used to compute periods of time:(i) "Not later than" is computed by counting theprescribed number of days;(ii) "Not less than" is computed by counting theprescribed number of days and adding one (1) additional day tothe computed time.
22-2-111.

Employees time off to vote.

(a) Any person entitled to vote at any primary or generalelection or special election to fill a vacancy in the office ofrepresentatives 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 heactually casts his legal vote.
(b) This section shall not apply to an employee who has
three (3) or more consecutive nonworking hours during the time
the polls are open.
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 therecording of documents.
22-2-113. Availability and form of registry lists; use ofcopies; election record; purging.
(a) The secretary of state shall furnish at a reasonable
price registry lists to any candidate for a political office inthe state, candidate's campaign committee, political party
central committees and officials thereof, elected officials,

political action committees, individuals promoting or opposing aballot issue or candidate and to organizations which promote
voter participation. The county clerks may elect to furnish thelists 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 formof printouts, mailing labels or other electronic format asavailable. The lists may be reproduced for political purposes.
(b)

Repealed by Laws 1991, ch. 243, § 5.

(c) 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.
(d) 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 inaccordance 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, unique identifying numbers generated by thestate and party affiliations are not public records and shall be
kept confidential. When necessary, members of the county orstate canvassing boards may access confidential information for
purposes of this code but shall maintain its confidentiality.
(e) The county clerks shall purge and update voter
registration information on the voter registration system notlater than the fifteenth day of February each year and shallnotify the secretary of state upon completion, but not later
than February 15 of each year.
22-2-114.

Repealed by Laws 1991, ch. 243, § 5.

22-2-115.

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

22-2-116.
public office.

Restrictions on holding more than 1 elected

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 thissection is applicable, the person shall resign from the public
office first held prior to assuming the new office.
22-2-117.

Vote required for election; ratification.

(a) Partisan and nonpartisan candidates who receive thelargest number of votes for each office to be filled at thegeneral election are elected.
(b)

Repealed By Laws 2009, Ch. 100, § 3, Ch. 168, § 202.

(c) With the exception of constitutional amendments andstatewide 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.
(d) A proposed amendment to the constitution of the stateof Wyoming submitted by a two-thirds (2/3) vote of each of thehouses of the state legislature or a proposed new constitution
submitted by a constitutional convention shall be placed on theballot at the next general election and shall be ratified if
approved by a majority of the electors voting at the next
general election.
(e) 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 beenacted, and the secretary of state shall so certify. The act
shall become effective ninety (90) days after certification.
(f) 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 thesecretary of state shall so certify. The act rejected byreferendum is void thirty (30) days after certification.
22-2-118.

Repealed By Laws 2014, Ch. 108, § 2.

22-2-119. Qualified elector may vote; acceptable
identification requirement; provisional ballots.
Except as specifically provided otherwise, a person may voteonly 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.
22-2-120.

Publication of Election Code.

The secretary of state, not later than the first of July ingeneral election years, shall publish the Election Code on thesecretary of state's official website.
22-2-121.
advice.

Chief election officer to prepare forms; rules;(a) In carrying out his responsibilities under title 22,
the secretary of state shall prepare:(i) Written directives and instructions relating toand based on the election laws;(ii)

Sample copies of prescribed and suggested forms;(iii) Advice or request from the attorney general's
office advisory opinions on the effect of election laws andtheir application, operation and interpretation.
(b) The secretary of state shall promulgate such rules as
are necessary to maintain uniform voting and vote counting
procedures and orderly voting.
(c) The secretary of state shall have the authority toissue a directive to the county election officers necessary toensure voter registration and elector participation when auniformed services or emergency personnel elector could nototherwise vote.
(d) The secretary of state is authorized to adopt rules
and regulations necessary to comply with the requirements of theHelp America Vote Act of 2002, Public Law 107-252, including astate-based administrative complaint procedure, which shall not
be subject to the Wyoming Administrative Procedure Act.
(e) The secretary of state is authorized to adopt rules
and regulations necessary to comply with the requirements of theMilitary and Overseas Voter Empowerment Act of 2009, P.L. 11184, 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:(i) That ballots be available for Uniformed andOverseas Citizens Absentee Voting Act voters forty-five (45)days prior to the election;(ii) How ballots are to be transmitted
electronically;(iii)

How returned ballots shall be tabulated; and(iv) What information shall be provided to Uniformed
and Overseas Citizens Absentee Voting Act voters.
(f) The secretary of state shall have the authority toissue directives to county election officers necessary to ensure
the proper conduct of elections, including voter registrationand elector participation when there is a declared natural
disaster or other impending or declared emergency whichinterferes with an election.
(g) The secretary of state shall adopt rules andregulations that allow for the counting of ballots at a central
counting center. The rules shall specify procedures fordelivering ballots to the central counting center.
22-2-122. State and federal share of qualified election
expenses; election readiness account.
(a) 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 inthe account shall be subject to appropriation. Notwithstanding
W.S. 9-2-1008 and 9-4-207, earnings from the funds in theaccount shall be credited to the account and shall not lapse at
the end of any fiscal period.
(b) 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 atthe discretion of the secretary of state in consultation withthe county clerks.

(c) Commencing in 2019, and annually thereafter, thesecretary of state shall document disbursements and expendituresfrom the account. No later than November 15 of each year, thesecretary of state shall report any disbursements andexpenditures from the account to the joint appropriationscommittee, the joint corporations, elections and politicalsubdivisions interim committee and the governor.
CHAPTER 3 - REGISTRATION
22-3-101.
(a)When required; prior registration in effect.

Registration is required before a person may vote.
(i)

Repealed By Laws 1998, ch. 100, § 5.

(ii)

Repealed By Laws 1998, ch. 100, § 5.

(iii)

Repealed By Laws 1998, ch. 100, § 5.

(b) Any voter legally registered prior to May 25, 1973, isconsidered registered under the Election Code enacted in 1973.
22-3-102.

Qualifications; temporary registration.

(a) 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:(i)

He is a citizen of the United States;(ii) 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);(iii) He is a bona fide resident of Wyoming as
determined in accordance with W.S. 22-1-102(a)(xxx);(iv)
incompetent;

He is not currently adjudicated mentally(v) He has not been convicted of a felony, or ifconvicted has had his civil or voting rights restored.
(b)

Repealed By Laws 2004, Chapter 94, § 4.

(c)Repealed By Laws 1998, ch. 100, § 5.

(d) 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 registerby mail annually using the Federal Postcard Application for the
purpose of voting in any election during the calendar year forwhich 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.
(e) The secretary of state is authorized to provide forthe verification of certain voter registration data inaccordance with the following:(i) The secretary of state and the director of thedepartment of transportation shall enter into an agreement tomatch voter registration data with information maintained by thedepartment regarding driver's licenses, in order to verify the
information provided on applications for voter registration;(ii) The secretary of state and the attorney generalshall enter into an agreement to compare data in the voter
registration system with information maintained by the divisionof criminal investigation regarding state felony convictions inorder to deny voter registration to, and remove from voter
registration lists, individuals who are not qualified electors;(iii) The secretary of state and the director of thedepartment 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 ofhealth in order to remove names of deceased individuals fromvoter registration lists;(iv) The secretary of state, the state board ofparole and the department of corrections shall enter into anagreement to match information in the voter registration systemwith records regarding restoration of voting rights maintainedby the state board of parole or the department of corrections inorder to verify voter qualifications;(v) 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.

22-3-103.

Furnishing of oath forms; contents thereof.

(a) The county clerk shall furnish voter registration oathforms to registry agents which forms shall require the following
voter information from the applicant:(i)

His full legal name;(ii) His current residence address or if living
temporarily in another state or nation, his last residence
address in Wyoming;(iii) His postal address if different from his
residence address;(iv)

His date of birth;(v) Acceptable identification as defined pursuant toW.S. 22-1-102(a)(xxxix);(vi)

Either:(A) 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 theapplicant has neither, a statement to that effect; or(B) A tribal identification card issued by thegoverning body of the Eastern Shoshone tribe of Wyoming, theNorthern Arapaho tribe of Wyoming or other federally recognizedIndian 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.
(vii)

His political party affiliation, if any.

(viii)

Repealed By Laws 2010, Ch. 3, § 3.

(b) Following the provision of the information required insubsection (a) of this section, the form shall require theapplicant'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 amentally incompetent person, that I have not been convicted of afelony, or if I have been convicted of a felony, I have had mycivil or voting rights restored by a competent authority; andthat 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)(c) 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.
22-3-104. Methods of verification; signing oath; time forproving eligibility; registration locations.
(a)Repealed By Laws 2004, Chapter 94, § 4.

(b)

Repealed By Laws 2004, Chapter 94, § 4.

(c)

Repealed By Laws 1998, ch. 100, § 5.

(d) 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).
(i)

Repealed By Laws 2005, ch. 110, § 2.

(ii)

Repealed By Laws 2005, ch. 110, § 2.

(iii)

Repealed By Laws 2005, ch. 110, § 2.

(e)

Repealed By Laws 2005, ch. 110, § 2.

(f)

A person shall be registered to vote as follows:(i)Repealed By Laws 2014, Ch. 108, § 2.

(ii)

Registration is effective:(A) At the polls for the purpose of voting. Upon
verification of the information, the voter shall continue to beregistered. Upon failure of verification, the voter's
registration shall be revoked in accordance with W.S. 22-3-105;(B) For registration, other than at the polls,
after the voter registration information has been entered onto
the voter registration system and verified.
(g) On election day, applicants attempting to register wholack the proof required under this section shall be offeredprovisional ballots in accordance with W.S. 22-15-105 andpermitted until the close of business on the day following theelection to present documentation to the county clerk
establishing their eligibility to register and to vote in the
precinct.
(h)

An applicant may register to vote in person:(i) In his proper polling place at any election
specified in W.S. 22-2-101(a)(i) through (viii); or(ii) In the office of the county clerk or city clerk
in the principal office building of the county or city in thepresence of the registry agent.
(j) A county or city clerk may establish and maintainregistration facilities in a public area owned or occupied by apolitical subdivision or governmental institution, agency orentity, 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 theplace of registration shall not apply to a person registering inaccordance with this subsection.
22-3-105. Investigation of voter qualifications; striking
names from registry; criteria; notice; appeal.
(a) The county clerk may investigate the qualifications ofany voter registration, when he has reasonable cause to believethat 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 beregistered.
(b) Among the criteria the county clerk may use indetermining the qualifications of any person to be registered
are the following:(i)

Location of dwelling of registrant and family;(ii)

Occupation and location of employment;(iii)

Location of vehicle registration;(iv) Wyoming driver's license or tribal
identification card that meets the requirements of W.S. 22-3103(a)(vi)(B);(v)

Property owned;(vi) Any other residency qualifications either
provided by law or deemed reasonable by the clerk to render ajudicious determination.
(c) The clerk shall give immediate written notice bycertified return receipt mail to any person who is denied
registration.
(d) Any person who is denied registration has the right toappeal 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.
(e) The court shall hear and decide any such appeal within
five (5) days from the date the appeal is received.
(f) The provisions of the Wyoming Administrative Procedure
Act are not applicable to voter registration appeals.
22-3-106.

Request for voter registration withdrawal; form.

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

22-3-107. Information registry agent may enter onregistration 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.
22-3-108.

Official registry list information.

(a) The official registry list shall contain at least thefollowing information as to each registered elector:(i)Name in full;(ii)

Residence by street number and name, if any;(iii)

Voting district and precinct numbers;(iv)

Party affiliation, if declared;(v)

House and senate district numbers;(vi)

Date of birth;(vii) 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:(A) The last four (4) digits of the elector'ssocial security number, or if the elector also has no social
security number;(B)

A unique identifying number generated by thestate.
(viii)A unique identifying number generated by thestate;(ix)

Information relating to absentee ballot status;(x)

Date of registration.

and(b) The official registry list may contain the following
information as to each registered elector:

(i)Repealed By Laws 2004, Chapter 94, § 4.

(ii)

County of residence;(iii)

Repealed by Laws 2023, ch. 67, § 2.

(iv)

Repealed By Laws 2004, Chapter 94, § 4.

(v)

Name of municipal corporation of residence, if(vi)

Number of school district of residence;(vii)

Mailing address;(viii)

Gender; and

any;

(ix)

Telephone number, if any.

(c) The county clerk may maintain within the election
records the social security numbers of registered electors for
identification purposes.
22-3-109. Certification and transmittal of poll lists;
posting of registry lists.
(a) Not less than ten (10) days before any election, thecounty clerk shall certify and transmit to the officer in chargeof 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 foreach precinct in the county to the county chairman of eachpolitical party in the respective counties.
(b) The county clerk shall publicly post in a prominentplace at the county courthouse one (1) copy of the registry list
for each precinct.
22-3-110.

Expense of preparing poll lists.

The expense of preparing poll lists required by law to beprovided by the county clerk in combined statewide politicalsubdivision 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 theentity holding the election.
22-3-111.

Preparation and contents of pollbooks.

(a) The county clerk shall prepare the necessary pollbooks
for statewide and political subdivision elections held on thesame date. The pollbooks shall contain the poll lists.
(b) 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.
22-3-112.

Pollbook distribution; entering information.

Before the polls open, the county clerk shall distribute thepollbooks to the judges of election in the respective pollingplaces. The judges of election shall enter in pollbooks all
information required by law.
22-3-113.

Disposition of pollbooks after polls close.

(a) After the polls are closed, judges of the election
shall make printed pollbooks agree and shall return one (1)pollbook to the county clerk.
(b) When electronic pollbooks are used, they shall be
returned to the county clerk.
22-3-114. Notification by registered elector of name oraddress 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 thechange.
22-3-115.

Grounds for cancellation of registration.

(a) A registered elector's registration shall be cancelled
for any one (1) of the following reasons:(i)

Failure to vote in any general election;

(ii)Death;(iii) Removal of residence from the county or state
more than thirty (30) days prior to an election;(iv)

Disqualification to vote;(v) Receipt of notification that the elector has
registered to vote in another jurisdiction;(vi) Upon written request of the elector at any time
except for the period for which party changes are prohibited as
specified in W.S. 22-5-214.
(b) A registered elector's registration shall not becancelled if the elector in any general election requested anabsentee ballot which was rejected.
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 theelector at his address on the registry list stating the reason
for cancellation. The notice shall state that cancellation shalloccur within twenty (20) days unless the elector asks that his
name remain on the registry list. A copy of the notice ofcancellation 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 votein another jurisdiction or if the elector requested cancellationin writing.
22-3-117.
postcard.

Absentee registration generally; use of federal(a) Notwithstanding any other section or provision in thischapter, 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 toand 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 thevoter registration oath forms. The applicant shall mail orreturn the completed voter registration oath form to the county
clerk in the county in which the applicant resides. In order tovote in the next election, the application must be received inthe county clerk's office before the close of registration forthat election, or:(i) Be received by mail or email and processed by thecounty clerk during the closed period described in W.S. 22-3102(a) if it is accompanied by an absentee ballot request forelections where a voter may register at the polls;(ii) Be made at the county clerk's office during theclosed period described in W.S. 22-3-102(a) if the voter
simultaneously votes at the county clerk's office; or(iii) Be made and processed at the absentee pollingplace during the closed period described in W.S. 22-3-102(a) if
the voter simultaneously votes at the absentee polling placeestablished for that purpose pursuant to W.S. 22-9-125.
(b) Under the Uniformed and Overseas Citizens Absentee
Voting Act, 42 U.S.C. 1973ff (2002) the following persons shallbe 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 thisstate or in the case of overseas citizens, they were lastdomiciled in Wyoming immediately prior to their departure fromthe United States and are not registered to vote in any otherjurisdiction:(i) Members of the uniformed services and theirspouses and dependents residing with them;(ii) Overseas citizens and their spouses anddependents residing with them;(iii) Citizens temporarily residing outside of theUnited States, and their spouses and dependents residing withthem; and(iv) Any other person to whom federal law requires
this privilege be extended.
(c) Annual registration through the Federal Postcard
Application constitutes temporary registration for the purposeof voting in any election during the calendar year for which thevoter 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 andsigned by the applicant under penalty of perjury.

(d) If any person specified in subsection (b) of thissection desires permanent registration, that person shallprovide the information required by W.S. 22-3-103(a) andsubscribe 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.
22-3-118.

Proof of identity.

(a) Unless a voter is challenged pursuant to W.S. 22-15101 through 22-15-109, and except as provided in W.S. 22-9104(a)(vi) for an absentee ballot obtained in person by theelector, no identification shall be required when:(i)in person; orVoting by absentee ballot after having registered(ii) 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. 22-1102(a)(xxxix)(A), at the time of registration.
(b)

Repealed by Laws 2020, ch. 100, § 2.

(c)

Repealed by Laws 2020, ch. 100, § 2.

(d) 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 topresent documentation to the county clerk establishing theireligibility to vote.
(e) The provisions of this section shall not apply toelections conducted pursuant to chapter 29 of this Election
Code.
(f)

Repealed by Laws 2020, ch. 100, § 2.
CHAPTER 4 - POLITICAL PARTIESARTICLE 1 - MAJOR POLITICAL PARTIES

22-4-101. Application; composition, election andqualifications of county central committees; certificate ofelection.
(a) This article is applicable only to "major politicalparties".
(b) 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 asprovided in subsection (c) of this section, each political partyin 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 forrepresentative 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 boundaryline is changed for any reason, the county commissioners shalldetermine the number of precinct committeemen and committeewomento which the affected precinct is entitled.
(c) In any general election year in which a new plan oflegislative 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 thatpolitical 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.
(d) No later than forty-five (45) days after the date of
the primary election, the county canvassing board or acanvassing 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 orcommitteewomen.
(e) The term of office for all precinct committeemen andcommitteewomen shall be two (2) years and shall begin on thefirst Monday in January of the year following their election.
22-4-102.

Repealed By Laws 1998, ch. 100, § 5.

22-4-103.

County central committee vacancies.

A vacancy in the county central committee shall occur in thecase of death, resignation, failure of a qualified candidate tobe 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 aregistered elector resident in the precinct in which the vacancy
exists and registered in the party or as provided by the party
bylaws.
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.
22-4-105. County central committee odd year meeting;notice; election of chairman, state committeeman andcommitteewoman.
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 themeeting 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 thecounty 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 theelection of additional state committeemen and additional statecommitteewomen. Neither the chairman, state committeeman orstate committeewoman need be members of the county central
committee.
22-4-106.

County convention.

The county convention of each political party shall meet ineven-numbered years.
22-4-107.

County convention delegates.

Delegates to the county convention of a political party are themembers of the county central committee, unless a politicalparty provides in its rules for an alternate method of selecting
such delegates.
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 tothe state convention as apportioned by the rules of the party.
The county convention may also adopt a county platform.
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 theoffices of state committeeman and committeewoman.
22-4-110.

Composition of state central committee.

The state central committee consists of state committeemen andcommitteewomen and county chairmen elected at the odd-numberedyear meeting of the county central committees, and of any otherparty officials provided by the bylaws of the party.
22-4-111.
notice.

State central committee organizational meeting;

The state central committee shall hold an organizational meetingin 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 shallmail notice of the time and place of this meeting to each memberof the committee not later than ten (10) days before themeeting.
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 thecounty shall be filled by the county central committee of thecounty in which the vacancy occurs within thirty (30) days ofsuch vacancy.

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.
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.
22-4-115.

Date of party state convention.

Each political party shall hold a state convention ineven-numbered years.
22-4-116.

Calling of state convention; contents of notice.

The state chairman shall call a state convention by filingnotice in the office of the secretary of state and of eachcounty clerk not later than twenty (20) days before theconvention. The notice shall state the total number of delegates
and alternates, and the number of delegates to which each county
is entitled.
22-4-117.

State convention members.

Members of the state convention are the delegates or theiralternates chosen by the county conventions, and the delegatesor their alternates chosen at large by the youth organizationsof the political parties in accordance with rules of theirrespective party.
22-4-118.
(a)duties:State convention powers and duties.

The state convention has the following powers and(i) To nominate electors of president andvice-president of the United States;(ii) To elect national committeemen andcommitteewomen;

(iii)

To adopt a platform;(iv) To select delegates and alternates to national
nominating conventions;(v) To formulate or change the rules governing theinternal organizations of the party which rules must include:(A) The time, place, manner of election andterms of office of party officers not provided by statute;(B) The method of apportioning delegates andalternates to the state convention to each county;(C) The method of selecting delegates andalternates to the national convention;(D) The name, powers and duties of any standing
committee of the state central committee and the state
convention;(E)

Rules of conduct for county and state

conventions;(F)state committees.

Powers and duties delegated to county and(vi) To conduct such other business as it deems
necessary or proper.
22-4-119.

Certification and filing of rules and bylaws.

(a) The county party chairman and party secretary shallcertify 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.
(b) The state party chairman and party secretary shallcertify 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.
22-4-120. Certification of presidential elector nominees
and party officers.

The state party chairman and party secretary shall certify thenames of nominees for presidential electors and the names of thestate and county party officers elected or appointed to thesecretary of state immediately after their selection.
ARTICLE 2 - FORMATION
22-4-201.

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

22-4-202.

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

22-4-203.

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

22-4-204.

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

22-4-205.

Repealed by Laws 1991, ch. 243, § 5.

22-4-206.

Repealed by Laws 1991, ch. 243, § 5.

22-4-207.

Repealed by Laws 1991, ch. 243, § 5.

22-4-208.

Repealed by Laws 1991, ch. 243, § 5.
ARTICLE 3 - MINOR POLITICAL PARTIES

22-4-301.

Application of article.

This article is applicable only to minor political parties.
22-4-302.
offices.

Composition and qualifications of minor party

Each minor party shall provide for a sufficient number ofofficers to govern the party and shall have at least a stateparty chairman and a state party secretary. Each officer shallbe a registered elector in the party. Officers shall be elected
or appointed in accordance with party rules and bylaws.
22-4-303.

Nomination of candidates.

Minor parties may nominate candidates to be placed on thegeneral election ballot only by party convention. Under nocircumstances shall a minor political party nominate by the
primary election process.
22-4-304.

Certification of candidates; fees.

(a) The chairman and secretary of the state politicalconvention 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.
(b) The chairman and secretary of the state or county
political convention shall certify to the county clerk the namesof its party's nominees for elected county offices and office ofthe district attorney.
(c) The names certified to the secretary of state or thecounty clerk shall be filed no later than the day before theprimary election.
(d) Persons certified as nominees shall be members of thatparty, as shown by their affidavits of registration, at the time
their names are certified to the secretary of state or thecounty clerk.
(e) Each certification made under this section shall beaccompanied by the same application and fee required for thesame office of a candidate seeking nomination by primaryelection. A certification not accompanied by the application andfee is not valid.
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 thestate convention and file them with the secretary of state
within thirty (30) days after the adjournment of the state
convention.
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 ofthe state and county party officers elected to the secretary ofstate immediately after the state convention.
22-4-307.

Calling of state convention, contents of notice.

The state chairman shall call a state convention by filingnotice in the office of the secretary of state and of eachcounty clerk not later than twenty (20) days before theconvention. The notice shall state the eligibility requirementsfor voting at the convention.
ARTICLE 4 - FORMATION OF NEW PROVISIONAL PARTIES
22-4-401.

Application of article.

This article is applicable only to provisional parties.
22-4-402.

Petition; form; validity.

(a) Any group of persons desiring to form a new politicalparty within this state shall file a petition with the secretaryof state not later than June 1 in any general election year inwhich the party seeks to qualify for the general election
ballot.
(b) The petition shall be approved by the secretary ofstate prior to circulation and shall conform in substance to thefollowing:
PETITION FOR FORMATION
OF A POLITICAL PARTY
I know the contents of this petition including the names ofthe 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 generalelection. (This statement shall appear at the head of eachpetition page.)
PROVISIONAL PARTY OFFICERSNAMEADDRESSCHAIRPERSON __________________________________________TREASURER ____________________________________________PETITIONERS(Signature) (Printed Name)(Residence)1.

(Date)___________________________________________________

2.

___________________________________________________
VERIFICATION BY CIRCULATORS

I, ...., do hereby certify that I am a circulator of thispetition, and I solely and personally circulated this petition,that all the signatures appearing herein were made in mypresence from ....(month) ....(day), ....(year) through....(month) ....(day), ....(year), and to the best of myknowledge and belief such signatures are those of the persons
whose names they purport to be.
.... (signature).... (residence address)(c) The name of the party printed on the petition shallconsist 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".
(d) To be valid, a petition shall contain the names andsignatures of registered electors equal in number to not lessthan two percent (2%) of the total number of votes cast for theoffice of United States house of representatives in the lastgeneral election.
(e) The petition shall be circulated no earlier than April
1 of the year preceding the general election.
22-4-403.

Circulation of petition; requirements.

Copies of the petition may be circulated for signatures, buteach separate page shall contain the information required to becontained in the original petition. An elector signing thepetition 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).
22-4-404.

Repealed by Laws 2002, Ch. 11, § 1.

22-4-405.

Verification of signatures on petition.

The secretary of state shall determine from the official list ofregistered electors whether sufficient valid signatures have

been obtained on petitions filed with the secretary of state's
office.
22-4-406.

Officers and nominating procedures.

A provisional party shall be subject to W.S. 22-4-302 through22-4-307. Under no circumstances shall a provisional party
nominate by the primary election process.
CHAPTER 5 - NOMINATIONSARTICLE 1 - GENERAL PROVISIONS
22-5-101.

How candidates nominated.

Nominations of candidates for all offices filled at a generalelection, 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 asprovided in W.S. 22-5-301 through 22-5-308 or by convention asprovided in W.S. 22-4-303 and 22-4-406.
22-5-102. Eligibility to be a candidate for statelegislature; residency.
(a) For the purpose of meeting residency requirements of
the Wyoming constitution, a person shall not be a candidate forthe 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 theapplicable filing periods, a person may be a candidate for thestate legislature from a legislative district if he:(i) Is a resident of the legislative district on thedate he files an application under W.S. 22-5-204 or a petition
under W.S. 22-5-301; and(ii) Has been a resident of a county for at least one(1) year next preceding his election in which any portion ofthat legislative district is located.
22-5-103.

Limits on ballot access; state offices.

(a) 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 forthe office sought, nor shall that person be elected nor serve inthat office if the following will occur:(i) The person, by the end of the current term ofoffice 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 orelection, except, that any time served in that particular officeprior to January 1, 1993, shall not be counted for purposes ofthis term limit. This provision shall apply to the office ofgovernor.
(ii)

Repealed By Laws 2005, ch. 241, § 1.

(iii)

Repealed By Laws 2005, ch. 241, § 1.

22-5-104.

Repealed By Laws 2005, ch. 241, § 1.

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 theperson previously served. It is not the intent that this act
preclude or prohibit a person from seeking nomination orelection to any other office for which the referenced term limit
or ballot access restriction is not applicable.
22-5-106.

Severability.

If any part of this measure or the application to any person or
circumstance is held invalid, the invalidity shall not affectother provisions or application, which reasonably can be given
effect without the invalid provision or applications.
ARTICLE 2 - NOMINATION BY PRIMARY ELECTION
22-5-201.

Repealed By Laws 1998, ch. 100, § 5.

22-5-202. Major political party participation; separate
ballots; same time.
Major political parties shall participate in the primaryelection and each shall have a separate party ballot. The
primary election of major political parties shall be held at thesame time and at the same polling places and shall be conductedby the same election officials.

22-5-203.
same time.
(a)Nonpartisan judicial offices; separate ballot;

Repealed By Laws 2004, Chapter 42, § 2 and Chapter 94,§ 4.
(b) A separate ballot shall be used for the nonpartisan
primary election which shall be held at the same time and at thesame polling places and shall be conducted by the same election
officials as the partisan primary election.
22-5-204. Application for nomination or election; party
registration; form.
(a)Repealed by Laws 1991, ch. 243, § 5.

(b) An eligible person seeking nomination or election for
a partisan office shall:(i) Meet all applicable qualifications to be elected
to office which are set forth in the United States and Wyoming
constitutions;(ii)
seeks; andBe registered in the party whose nomination he(iii)
following form:

File an application in substantially the

APPLICATION FOR NOMINATION OR ELECTION BY PARTY PRIMARYState 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 ...., (iffor the office of state senator or representative) in Senate(House) District ...., state of Wyoming, and registered as amember 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 ...., andhereby declare that if nominated and elected, I will qualify forthe office.
(If for the office of United States senator or representative incongress) 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)(c) A nomination application that is required to be filedwith the secretary of state may be electronically filed asprovided under W.S. 9-2-2501 if the application is accompaniedby the proper filing fee.
22-5-205.
office.

Nomination application form for nonpartisan(a) An eligible person seeking nomination for a
nonpartisan office must file an application in substantially thefollowing form:
APPLICATION FOR NOMINATION BY NONPARTISAN PRIMARYState of Wyoming))County of ....

)ss

I, ...., swear or affirm that I was born on ...., that I havebeen 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 requestthat my name be printed upon the official nonpartisan ballot at
the next primary election as a candidate for the officeindicated 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(b) A nomination application that is required to be filedwith the secretary of state may be electronically filed asprovided under W.S. 9-2-2501 if the application is accompaniedby the proper filing fee.
22-5-206.

Where nomination applications to be filed.

(a) Nomination applications for United States senators andrepresentatives in congress, state offices, members of thelegislature, circuit court judges, and state district court
judges shall be filed in the office of the secretary of state.
(b) 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.
22-5-207.

Furnishing of application forms.

The secretary of state and county clerks shall provide theapplication form required to be filed in their respective
offices.
22-5-208.
(a)
fees:

Filing fees; exception.

Applications shall be accompanied by the following

(i) One hundred dollars ($100.00) for the offices ofstate senator, state representative, district attorney and forthe offices to be voted for by electors wholly within a county;(ii) Three hundred dollars ($300.00) for offices tobe voted for by electors of the entire state except as provided
in paragraph (iii) of this subsection;(iii) Seven hundred fifty dollars ($750.00) for any
federal office voted for by electors of the entire state.
(b)

No application is valid unless the fee is paid.

(c) A filing fee shall not be required of candidates for
special district director, school district trustee, community
college trustee, precinct committeeman or precinct
committeewoman.
22-5-209. Time for filing nomination applications;certified list.
An application for nomination shall be filed not more thanninety-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 shalltransmit to each county clerk a certified list of persons whose
applications have been filed in the office of the secretary ofstate stating as to each his name, age, address, office sought
and party affiliation.
22-5-210.

Repealed By Laws 1998, ch. 100, § 5.

22-5-211.

Repealed By Laws 1998, ch. 100, § 5.

22-5-212.

When declaration of party affiliation required.

An elector requesting a major party ballot shall declare orchange party affiliation in accordance with W.S. 22-5-214 before
receiving 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 indeclaration of party affiliation shall be in accordance with therequirements of W.S. 22-5-214 and shall be entered on the poll
list by the election judge.
22-5-213.

Entry in pollbook.

The judges of election shall check or enter in the pollbook thename 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 anunaffiliated voter.
22-5-214.

Declaration or change in party affiliation.

(a) For a primary election, an elector may declare orchange party affiliation by completing an application signed
before a notarial officer or election official and filing itwith the county clerk before the first day on which an
application for nomination may be filed under W.S. 22-5-209.
(b) For a general election, an elector may declare orchange party affiliation by completing an application
signed before a notarial officer or election official, andfiling it with the county clerk after the primary election andnot less than fourteen (14) days before the general election orat the polls on the day of the general election, or whenrequesting an absentee ballot for the general election.
22-5-215.
candidates.

Nomination of partisan candidates and write-in

On each party ballot the candidate or candidates equal in number
to the number to be elected to each office who receive thelargest number of votes shall be nominated and shall be entitledto have their names printed on the ballot for the next generalelection. A write-in candidate shall not be nominated and shallnot 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 registeredvoter 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.
22-5-216.

Repealed By Laws 2011, Ch. 38, § 2.

22-5-217.

Repealed By Laws 1998, ch. 100, § 5.

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 andcommitteewoman shall be deemed elected.
22-5-219. Further action by nominees or elect notrequired; exception.
(a) 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 primaryelection shall comply with the provisions of W.S. 22-16-106.
(b)

Repealed By Laws 1998, ch. 100, § 5.

22-5-220.

Withdrawal of nomination application restricted.

A candidate may withdraw a nomination application prior to theprimary election only by filing a written withdrawal in thefiling 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 fromthe party ballot, but shall post a notice at each polling placeannouncing that the named candidate has withdrawn fromnomination for the office designated.
ARTICLE 3 - NOMINATION BY PETITION
22-5-301.

Independent partisan candidates; form.

(a) Independent candidates for partisan public offices may
be nominated by filing a signed petition in substantially thefollowing 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 forthe office of state senator or representative, commissioner orother 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 thenumber of signatures required by law for nomination by petition,
I hereby request that my name be printed on the official ballotat the next general election as an independent candidate for theoffice of .... and declare that if nominated and elected, I will
qualify for the office.
(If for the office of United States senator or representative incongress) 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, andnumbering not less than the number required under W.S. 22-5-304,
are as follows:(Signature)(Printed Name)

1.

...................

2.

...................

(Residence)(Date)

VERIFICATION BY CIRCULATORS
I, ...., do hereby certify that I am a circulator of thispetition, and I solely and personally circulated this petition,that all the signatures appearing herein were made in mypresence 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)(b) The petition shall be approved by the appropriate
filing office prior to circulation.
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 generalelection.
22-5-303.
candidates.

Restrictions on sponsors of independent

The name of a political group sponsoring an independent
candidate shall not contain the name or any derivation of thename of any political party recognized under Wyoming law.
22-5-304.

Qualifications and number of signers required.

(a) For a statewide partisan office, a petition shall besigned by registered electors, resident in the state andeligible 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 theentire state.
(b) For a countywide partisan office, a petition shall besigned by registered electors, resident in the county andeligible 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 theentire county.
(c) For a district partisan election, a petition shall besigned by registered electors, resident in the district andeligible to vote for the petitioner, numbering not less than two
percent (2%) of the total number of votes cast for the office inthat particular district in the last general election. If a
district's boundaries have changed since the last generalelection, then the required number of petition signatures shallnot be less than two percent (2%) of the number of registeredvoters in the current district boundaries at the close of day on
the day immediately preceding the primary election.

22-5-305.
requirements.

When petitions may be circulated; use of copies;(a) A petition shall be circulated for signatures only
during the calendar year in which the election for the officesought is to be held.
(b) Copies of the petition may be circulated forsignatures, but each separate page shall contain the information
required to be contained in the original petition for
nomination.
(c) An elector signing a petition must also print on the
petition:(i)

The elector's first and last name;(ii)

The date of signing the petition; and(iii)

The elector's physical residential address.

(d) The signature of an elector who has signed a petitionin accordance with this section shall only count once percandidate toward the number of signatures required under W.S.
22-5-304.
22-5-306.

Where petitions to be filed; fee.

(a) Petitions for nomination of independent candidates
shall be filed in the office prescribed for nomination by
primary election for such office.
(b) Petitions must be accompanied by the same fee required
for the same office of candidates seeking nomination by primaryelection. A petition not accompanied by the fee is not valid.
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 ageneral election.
22-5-308.

Determining validity of petitions.

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

ARTICLE 4 - VACANCIES IN NOMINATION
22-5-401. Vacancies in nomination for major parties;
procedure for filing generally.
(a) The vacancy in nomination which occurs if a major
party candidate, between primary and general elections, dies, isdisqualified to hold the office for which nominated, or files a
withdrawal or rejection of nomination with the office where thecandidate filed for nomination for election, shall be filled bycertificate filed with the office which shall state:(i)

The cause of vacancy and name of the former

nominee;(ii) The name, age, place of residence, post officeaddress and qualifications of the successor nominee; and
(iii)
(b)

The office and term for which nominated.

The certificate shall be prepared and filed by:(i) The state central committee of the politicalparty of the former nominee for a partisan office to be voted
for by the electors of the entire state;(ii) The county central committee of the politicalparty 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;(iii) Repealed By Laws 2004, Chapter 42, § 2 andChapter 94, § 4.
(iv) For nominees for the state legislature, thestate central committee of the political party of the former
nominee for a partisan office shall:(A) Notify the precinct committeemen andcommitteewomen for that party for each precinct within thelegislative 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 ameeting under this subparagraph;

(B) Prepare and file the certificate required
under subsection (a) of this section.
(c)

Repealed by Laws 1985, ch. 204, § 2.

(d) Notwithstanding subsections (a) and (b) of thissection, the vacancy in nomination created by failure of thequalified write-in nominee to accept nomination shall remainvacant.
(e) 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 theballots 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 thecandidate's name from the ballot, but shall post a notice ateach polling place announcing that the named candidate is not
the party's nominee for the office designated.
(i)

Repealed By Laws 1998, ch. 100, § 5.

(ii)

Repealed By Laws 1998, ch. 100, § 5.

(iii)

Repealed By Laws 1998, ch. 100, § 5.

22-5-402.

Procedure after ballots and labels printed.

(a) If any major, minor or provisional party vacancy isfilled after official ballots are finalized and approved forprinting 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.
(i)

Repealed By Laws 1998, ch. 100, § 5.

(ii)

Repealed By Laws 1998, ch. 100, § 5.

(iii)

Repealed By Laws 1998, ch. 100, § 5.

22-5-403. Vacancies in nomination for minor andprovisional parties; withdrawal restricted.
(a) Any vacancy in nomination which occurs if a minor orprovisional party certified candidate dies, is disqualified tohold the office for which nominated or files a withdrawal orrejection of nomination may be filled by a certification fromthe state party chairman and state party secretary.
(b) 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 theballots 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 thecandidate’s name from the ballot, but shall post a notice ateach polling place announcing that the named candidate is not
the party’s nominee for the office designated.
(i)

Repealed By Laws 1998, ch. 100, § 5.

(ii)

Repealed By Laws 1998, ch. 100, § 5.

(iii)

Repealed By Laws 1998, ch. 100, § 5.

ARTICLE 5 - VALID WRITE-IN CANDIDATES
22-5-501.

Repealed by Laws 2018, ch. 118, § 2.
CHAPTER 6 - BALLOTS

22-6-101.
of names.

Certification of candidates nominated; printing

Not less than sixty (60) days before each general election thesecretary of state shall transmit to each county clerk underparty 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 orminor 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.
22-6-102.

County clerk to print ballots; exception.

(a) The county clerk shall print official ballots for hiscounty, for all primary, general and special elections.
(b) All other ballots shall be provided by the official
responsible for conducting the election.
22-6-103.

Official ballots.

(a) The official ballot shall contain the name of every
candidate and every ballot proposition lawfully entitled toappear on the ballot. Only official ballots shall be cast at any
election.
(b) The official absentee ballot shall be in the form
prescribed by law for the official ballot.
22-6-104.

Sample ballots; printing, distribution, posting.

The officer providing the official ballot shall also printsample 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 thanthe official ballot. The officer shall distribute copies of thesample ballot to each polling place prior to opening of thepolls. The judges of election shall post at least one (1) copyof the sample in the polling place during the election. The
county clerk shall have the samples available in his office forthe public.
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 shallalso state that the names of candidates will be rotated on theofficial ballots and will not always appear in the orderindicated in the sample ballots.
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 theofficial providing the ballot. Judges of election receiving
replacement ballots shall sign a receipt therefor in which theyshall state under oath, before each other, that the original
ballots were not delivered to the precinct or have been lost,
stolen or destroyed.
22-6-107.

Time for possession of ballots and labels.

(a) 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 andregulation for the clerk to obtain and use substitute ballots.
(b) Notwithstanding subsection (a) of this section, county
clerks shall make official absentee ballots for primary andgeneral 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.
22-6-108.

Errors or omissions; posting.

(a) The official responsible for preparing the ballot
shall correct errors or omissions as soon as possible.
(b) The official shall post a copy of each ballot in his
office not later than the day when the official must have theballot in his possession.
22-6-109.

Elector's petition alleging error or omission.

(a) Not later than three (3) days after the ballot isposted 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.
(b) 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 oromission, 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 aspractical, order the ballot corrected or dismiss the petition.
22-6-110.

Ballot propositions.

A ballot proposition shall be printed as nearly as possible inthe manner and form prescribed by law for a constitutional
amendment.
22-6-111.

Only name of candidate on ballot; exception.

A candidate may use the name on the ballot by which he isgenerally known. Professional titles and degrees shall notappear on the ballot. If in the opinion of the officer with whomthe application for nomination or election is filed the names oftwo (2) or more candidates for any office to be voted on at thesame election are the same or so similar as to confuse theelectors as to the candidates' identity, the occupation andresidence address of each of these candidates shall be printed
under the candidate's name on the ballot.
22-6-112.

Name to appear only once; exception.

(a) No candidate's name shall appear on the partisan
ballot more than once, except that of a candidate for the officeof 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.
(b) No candidate's name shall appear on the generalelection ballot more than once, except that a candidate for apartisan office may also seek the office of president or vicepresident of the United States or a nonpartisan office on thesame general election ballot in accordance with W.S. 22-2-116.
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.
22-6-114.

Repealed by Laws 1991, ch. 243, § 5.

22-6-115. Specifications for paper ballots; arrangements
on voting machines.
Official paper ballots shall be uniform in size, printed inblack ink on good quality paper through which printing cannot beread. Ballots shall be white except as otherwise provided. On avoting machine each column or row containing the titles ofoffices and candidates for office shall be arranged to indicate
clearly the office for which a candidate is running.
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 namesof all candidates shall be printed in the same size letters notless 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 politicalparty.
22-6-117.

Order of listing offices in partisan elections.

(a) The major party primary and general partisan election
ballots shall contain the offices to be voted on in thefollowing order:(i) President and vice-president of the UnitedStates, or electors therefor, or as otherwise required by an actof congress;(ii)

United States senator;(iii)

Representative in congress;(iv) Candidates for governor, secretary of state,state auditor, state treasurer, and superintendent of public
instruction;(v)

Repealed by Laws 1992, ch. 1, § 7.

(vi)

Candidates for state senate;(vii)

Candidates for state house of representatives;(viii)

Repealed By Laws 2014, Ch. 108, § 2.

(ix) Candidates for county commissioner, coroner,
district attorney, county attorney, sheriff, clerk, treasurer,
assessor, and clerk of the district court;(x)

Repealed By Laws 2008, Ch. 115, § 2.

(xi)

Candidates for precinct offices.

22-6-118.

Primary ballot colors.

(a) The primary ballot of political parties shall be
printed on the following colored paper or on paper with thefollowing color demarcation as provided by rule and regulationof the secretary of state:(i)

Republican party-White;(ii)

Democratic party-Blue;(iii)

Repealed by Laws 1991, ch. 243, § 5.

(iv) Additional major parties - A different color foreach major party.
22-6-119.

Format of primary ballot.

(a) The primary ballot of each major political party shallbe printed in substantial compliance with this format:(i) Across the top shall be printed "Official PrimaryElection Ballot" followed by the name of the major politicalparty;(ii) On the first line shall be printed the county inwhich the ballot is used, the date of the election and blanklines for entry of the election district and precinct;(iii) On the second line shall be printed thefollowing instructions: "To vote for a person whose name isprinted on the ballot, mark the square immediately adjacent to
the name of the person for whom you desire to vote. To vote fora person whose name is not printed on the ballot, write theperson's name in the blank space provided for that purpose andmark the square immediately adjacent to the name of theperson.";(iv) Candidates for the different offices shall bearranged in separate groups. At the top of each group shallappear the title of the office. Adjacent to the title of theoffice shall be printed "Vote for one" or if more than one (1)are to be voted for, "Vote for not more than", then theappropriate words and figures designating the proper number tobe elected;(v) Below the list of candidates in each group shallbe printed blank lines for write-in candidates equal in number
to the number of candidates to be voted for;(vi) Adjacent to the name of each candidate and blankline shall be printed a square for marking the vote. No square
shall appear at the top of a column;(vii)

Repealed By Laws 1998, ch. 100, § 5.

(viii)

Repealed By Laws 1998, ch. 100, § 5.

22-6-120.

Format of general election ballot.

(a) The general election ballot shall be printed in
substantial compliance with this format:(i) Across the top shall be printed "Official General
Election Ballot";(ii) On the first line shall be printed the name of
the county in which the ballot is used, the date of theelection, and blank lines for entry of the election district andprecinct number;(iii) On the second line shall be printed the same
instructions as prescribed for primary elections in W.S.
22-6-119;(iv) The designation of offices and the applicable
term of office shall be printed preceding the names ofcandidates for the office;(v)

Repealed By Laws 1998, ch. 100, § 5.

(vi)

Repealed By Laws 1998, ch. 100, § 5.

(vii) 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 ofcandidates 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 nameof said party or the word "Independent" at the top of the column
or beginning of the row;
(viii)

Repealed By Laws 1998, ch. 100, § 5.

(ix) For offices to which more than one (1) person is
to be elected, the names of candidates in each column runningfor the office shall be offset or staggered to prevent two (2)names from appearing directly opposite each other;

(x) Below the names of candidates for each officeshall be printed blank lines for write-in candidates equal in
number to the number of persons to be elected;(xi) 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 blankline for write-in candidates, shall be printed a square formarking the vote. A single square shall be printed to indicate
the vote for candidates for the office of president and vicepresident of the United States. No square shall appear at the
top of a column;(xii) 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 figuresdesignating the proper number to be elected;(xiii) Vertical columns containing the names ofcandidates shall be separated by a blank line one-twelfth inchwide;(xiv) The official statement of the ballot
proposition shall commence on the next line;(xv) Adjacent to the final line of such statement
shall be printed two (2) squares on the same line. Above thefirst square shall be printed the word "For" and above thesecond square shall be printed the word "Against";(xvi)

Repealed By Laws 1998, ch. 100, § 5.

22-6-121. Political party ballot position on generalelection ballot; order of candidates' names.
(a) Political party position shall be determined on thegeneral election ballot according to the number of votes
received by each party within the county for the office ofrepresentative in congress at the last preceding generalelection. The party receiving the highest number of votes shallappear first following the names of the offices to be voted forand 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 belisted in alphabetical order, subject to rotation. When morethan 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.
(i)

Repealed By Laws 1998, ch. 100, § 5.

(ii)

Repealed By Laws 1998, ch. 100, § 5.

(iii)

Repealed By Laws 1998, ch. 100, § 5.

22-6-122. Rotation of candidates' names; equal lines onvoting machines.
The names of candidates for each office shall be rotated on all
ballots by precinct for all elections. In each county the nameof each candidate shall appear substantially an equal number oftimes at the top, at the bottom, and in each intermediate place.
In a voting machine polling place, if candidates for the sameoffice occupy more than one (1) line on the voting machine, thenumber of names appearing on each line shall be as nearly equal
as possible.
22-6-123.
propositions.

Nonpartisan election ballots and ballot

Primary and general election ballots for nonpartisan offices andballot propositions shall be printed on yellow paper or paperwith 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.
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 asprescribed 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 shallalso include the following: "To vote for or against a proposedconstitutional amendment, initiative or referendum, or otherballot proposition, mark the square printed adjacent to the
proposition marked 'For' or 'Against'."22-6-125. Order of offices and ballot propositions on
nonpartisan ballots.
(a) The nonpartisan ballot shall contain the offices andballot propositions to be voted on in the following order:(i)

Retention of justices of the supreme court;(ii)

Retention of district court judges;(iii)

Retention of circuit court judges;(iv)

Retention of magistrates;(v) Repealed By Laws 2004, Chapter 42, § 2 andChapter 94, § 4.
(vi)

Candidates for municipal offices;(vii)

Candidates for community college trustees;(viii)

Candidates for school board trustees;

(ix)
(x)
subdivisions;

Candidates for special district directors;
Candidates for other offices of county(xi)Constitutional amendments;(xii)

Initiative propositions;(xiii)

Referendum propositions;(xiv)

Other ballot propositions.

22-6-126.

Form of nonpartisan ballots.

(a) The official nonpartisan ballot for a general election
shall be printed in substantially the following form:
OFFICIAL NONPARTISAN ELECTION BALLOT
GENERAL ELECTIONCounty of ...., Election District ...., Precinct ....
Date ....
(here print instructions)CANDIDATES FOR PUBLIC OFFICE
For Justice(s) of the Supreme Court(Here designate the particularterm, 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 particularterm, such as "regular four year term",or the "unexpired term of .... years").
Shall Judge John Roe 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 officeand term.
___________________________________________________________BALLOT PROPOSITIONS
Proposed Constitutional Amendment Letter A:(Ballot Statement)
Proposed Initiative Proposition Number One:
(Ballot Statement)
Proposed Referendum Proposition Number One:
(Ballot Statement)

For
__
For
__
For
__

Against__Against__Against__Other Ballot Propositions:(Ballot Statement For Each Proposition)

For__

Against__(b) The official nonpartisan ballot for a primary election
shall be so identified in the title and shall omit allreferences to justices of the supreme court, judges of the
district court and circuit court judges but otherwise shall bein the same form as the general election nonpartisan ballot.
22-6-127.

Rotation of names on nonpartisan ballots.

(a) The names of candidates for each nonpartisan officeshall be rotated on the ballot in the same manner as required bylaw for candidates for partisan office.
(b) Rotation is not necessary if the number of candidates
is equal to or less than the number of seats up for election.
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 specificallyprovided.
22-6-129.

Repealed By Laws 2008, Ch. 115, § 2.

22-6-130.

Post-election ballot audit.

(a) Each county clerk shall complete an audit of thecounty's unofficial election results by identifying andreviewing the smallest observable percentage between thestatewide candidates who received the most votes and thestatewide candidates who received the second highest votes foreach contest within the county not later than the first Thursday
following a primary, special or general election. Additional
contests may be added to the audit at the discretion of thecounty clerk. Using a formula developed by the University of
Wyoming, each county clerk shall use the smallest observable
percentage to determine a statistically significant sample sizeof the ballots to be audited under this section. To ensure thetimely completion of this procedure under this subsection, thenumber of ballots audited shall not exceed five percent (5%) of
the total number of ballots cast.

(b) Each county clerk shall conduct an audit of theelection using the statistically significant ballot sample size
and the corresponding ballots for the contests selected foraudit determined under subsection (a) of this section. Eachcounty clerk shall provide the audit results to the secretary ofstate not later than one (1) day before the meeting of the state
canvassing board as provided in W.S. 22-16-118.
CHAPTER 7 - ELECTION DISTRICTS AND PRECINCTS
22-7-101.

Election districts.

The board of county commissioners with the advice orrecommendation of the county clerk, no later than its firstmeeting in May in every general election year shall divide thecounty into not more than thirty (30) election districts. Each
district shall be designated by number. Election districts shallbe changed only at this designated meeting.
22-7-102.

Change in precinct boundary.

(a) 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) andpublished once a week for two (2) consecutive weeks in thedesignated official newspaper of the county. The board shallalso mail by certified mail return receipt requested copy ofthis notice to the county chairman of each political party inthe county not later than fifteen (15) days before the meetingat which the proposed changes will be discussed. A proposedchange in a precinct boundary may be finalized by the board onlyat the designated meeting. Each precinct shall be designated bynumber.
(b) However, changes to municipal precinct boundaries dueto the annexation of any territory shall be effective upon thedate provided in the ordinance.
22-7-103. Establishing or altering election districts or
precincts; designation of special precincts.
(a) In establishing or altering election districts orvoting precincts, the board of county commissioners shall be
guided by the interests and convenience of the greatest numberof 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 areasand shall not cross municipal boundaries except in cases where
the board of county commissioners finds, and specifies in theminutes of its meeting the reasons why it is not practical toconform the boundaries of the election district or precinct tothe municipal boundary.
(b) For elections other than the primary and generalelection, the county commissioners may designate different
precincts than those used in the general election.
22-7-104.
area.

Procedure following resolution altering precinct

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 eachpolitical party and notify by mail all registered electors
receiving a new precinct number.
22-7-105.
number.

Election district number to precede precinct

Whenever they are both referred to, the election district number
shall precede the voting precinct number.
CHAPTER 8 - JUDGES OF ELECTION AND COUNTING BOARDS
22-8-101. Notice of election officials needed; county
chairmen to submit list of names; municipal clerks list of names
appointment.
(a) Not later than the third Tuesday of April in eachgeneral election year, each county clerk shall notify the county
chairmen of the major and minor political parties in the countyof the number of election judges and counting board members andalternates needed for the ensuing two (2) year term.
(b) Not later than the third Tuesday of May in eachgeneral election year the county chairman of each major andminor political party in each county may certify to the county
clerk a list of registered electors residing in the county andaffiliated with the party, and a list of persons who are atleast sixteen (16) years of age who otherwise meet all
requirements for qualification as an elector, who are willing toserve as a judge of election or as a member of a counting board.

(c) Not later than the third Tuesday of May in eachgeneral 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 themunicipality they represent who are willing to serve as a judgeof election or as a member of a counting board.
(d) Not later than June 30, the county clerk on eachgeneral election year shall appoint judges of election andcounting boards and alternates from lists submitted by thecounty chairmen of the major and minor political parties.
(e) If the list of nominees for judges of election andmembers 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.
22-8-102.

Qualifications.

Except as otherwise provided by this section, judges of election
and members of counting boards shall be registered electors andshall be physically, morally and mentally competent to performtheir duties. The county clerk may appoint persons who are atleast sixteen (16) years of age to serve as judges of election
or members of counting boards if such persons meet all otherrequirements for qualification of an elector. A judge ofelection shall not be a member of a counting board at the same
election except as provided by W.S. 22-8-108(d).
22-8-103.

Terms.

Judges of election and members of counting boards serve for two(2) years or until their successors are appointed.
22-8-104.

Repealed by Laws 1985, ch. 119, § 2.

22-8-105.

Repealed By Laws 1998, ch. 100, § 5.

22-8-106.

Number of judges in each polling place.

At least three (3) judges shall be appointed for each pollingplace. Additional judges may be appointed in a polling place as
determined necessary by the county clerk.

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 thesame 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.
22-8-108. Appointment, composition and authority ofcounting boards; when judges to count.
(a) The county clerk shall appoint a counting board foreach 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 tofacilitate the counting of votes. No more than one (1) person
under the age of eighteen (18) may be appointed as to eachcounting board.
(b) 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 thecounty 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 toeach counting board.
(c) The counting board in a paper ballot polling place has
no authority to act until polls are declared closed as provided
in W.S. 22-13-117, except as provided in W.S. 22-9-125(d). A
counting board in an electronic voting system counting center
may commence preparing absentee ballots for counting at any timeon election day, or before election day as provided in W.S. 229-125(d).
(d) For a polling place where a counting board need not be
appointed, the judges of election shall count the votes.
22-8-109.

Party representation.

Judges and members of counting boards shall be divided between
the participating political parties as nearly equal as possible.
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 amember 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.
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 thecounty clerk of acceptance. The county clerk shall state thedate by which the appointee shall be required to notify theclerk of acceptance. Failure of an appointee to notify thecounty clerk of acceptance within the time allotted by thecounty clerk results in a vacancy.
22-8-112.

Filling vacancies.

(a) Any vacancy occurring prior to an election day shallbe filled by the county clerk from the list of alternates. If noalternates 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.
(b) If a judge is not present when polls open, or isunable to complete his duties, the vacancy shall be filled by aregistered 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 notpresent 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 arepresent.
22-8-113.
attending.

Training schools; generally and payment forNot later than four (4) days before the primary and generalelection, the county clerk under the direction of the secretaryof state shall conduct a training school for judges of election
and members of counting boards to provide instruction in theperformance 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 shallprescribe 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 thecounty 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 notless than ten dollars ($10.00) as determined by the board ofcounty commissioners for attending a school.
22-8-114.
certificate.

Training schools; mileage payment andJudges of election and members of counting boards and theiralternates will be paid mileage in excess of five (5) miles at
the rate authorized for county employees for attendance attraining 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.
22-8-115.

Oath for election officials.

(a) An election official shall subscribe to this oath inwriting before entering upon his duties at each election:"I do solemnly swear (or affirm) that I will impartially and tothe best of my knowledge and ability perform the duties of myoffice. I will studiously endeavor to prevent all frauds,
deceit and abuse in the application of the election laws of thisstate."(b) The oath shall be taken before the county clerk, his
deputy or a previously sworn judge of election.
22-8-116.

Compensation.

Judges of election and members of counting boards shall becompensated for services at a rate to be determined by the boardof county commissioners at the June meeting and stated on thenotice sent to each nominee. The rate shall be not less than thestate 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 lessthan the state hourly minimum wage multiplied by the number ofhours the polls are open plus one (1) hour.
CHAPTER 9 - ABSENTEE VOTING
22-9-101.

Duty to assist absent electors to vote.

The state and county selective service boards, all militaryorganizations, the adjutant general, citizens and officers of
this state are charged with the duty of cooperation withelection officials and absent electors to assist absent
qualified electors to vote in all elections.
22-9-102.
(a)

Who may vote by absentee ballot.

Any qualified elector may vote by absentee ballot.

(b) A qualified elector who leaves the state with theintent 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.
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.
22-9-104.

How to apply; information required.

(a) A qualified elector may apply for an absentee ballot
either in person, in writing, or by telephone, by furnishing thefollowing information:(i) 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 andmonth and year of leaving Wyoming to live temporarily in anotherstate or nation, if applicable;(ii)
requested;

The election for which the absentee ballot is(iii) If a primary election, the political party
ballot if desired;(iv)

Repealed by Laws 2020, ch. 100, § 2.

(v) If not obtained in person by the elector, theaddress to which the absentee ballot is to be mailed or the nameof the individual the elector designates in writing to deliver
the ballot to the elector;(vi) If obtained in person by the elector, theelector shall provide acceptable identification as provided in
W.S. 22-1-102(a)(xxxix)(B).
(b) If the foregoing information is received other than inwriting, the clerk receiving the same shall reduce it towriting.
(c) Request for a ballot may be made on behalf of anabsentee qualified elector if the prescribed information is
furnished.
(d) No organization or person on behalf of an organization
shall obtain an absentee ballot for an elector.
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 noton the day of the election.
22-9-106.
if rejected.

Qualified absentee voter; written notification

The clerk shall mark each completed absentee ballot application
with the date of receipt. The clerk shall then determine if theapplicant is properly qualified to vote. If the applicant is notentitled to vote, the clerk shall not issue a ballot to him andshall mark the application "rejected" and file it in a fileseparate from applications which are accepted. If an applicationis rejected, the clerk shall immediately notify the applicant inwriting of the reason for rejection.
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 for applicantswith rights under the Uniformed and Overseas Citizens Absentee
Voting Act, 52 U.S.C. § 20301 et seq., and not more than twentyeight (28) days prior to the election for all other applicantsor the individual designated by the applicant, distribute to theapplicant, or the individual designated by the applicant, theabsentee ballot or ballots requested, instructions for marking
the ballot and the required envelopes for use in returning theballot.
22-9-108.
entered.

Absentee ballot record; information to be(a) For each election, the clerk shall keep an "Absentee
Ballot Record" in which he shall enter the following
information:(i) The name, voter registration number and residence
address of each absentee ballot applicant, and the ballots
requested by each;(ii)

The date of receipt of each application;(iii)

Whether the application was accepted or(iv)

The applicant's district and precinct number;rejected;(v) The name of the individual to whom the ballot wasdelivered or the address to which the ballot was mailed, thedate of delivery or mailing, and the type of ballot or ballots
delivered or mailed;(vi)
the clerk.
22-9-109.

The date the completed ballot was received byForm of absentee ballot.

(a) 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 electronicballots.
(b) 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.
22-9-110.

Form of absentee ballot envelopes; distribution.

(a) The secretary of state shall prescribe the form, anddistribute to the clerks responsible for the respective
elections a supply of the following official envelopes:(i) The official inner ballot envelope for use insealing and returning the completed absentee ballot;(ii) The official outer envelope for use by the clerk
in distributing absentee ballot materials.
(b)

Repealed by Laws 1991, ch. 243, § 5.

22-9-111.
attestation.
(a)Affidavit to be printed on inner envelope;

Repealed by Laws 1991, ch. 243, § 5.

(b) For all voters, as specified in W.S. 22-9-105, an oathcontaining the following information and meeting the following
requirements shall be printed on the reverse side of the innerballot envelope:(i)

The elector's full name;(ii) The elector's current residence address or if
living temporarily in another state or nation, his lastresidence address in Wyoming;
(iii)
(iv)
following:

Repealed By Laws 2014, Ch. 108, § 2.
Under the above information shall be the(A) "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 inthis election, and that the above information is true andcorrect.
....(Date)....(Signature of elector)"

22-9-112.
(a)

Instructions on outer envelope.

Repealed by Laws 1991, ch. 243, § 5.

(b) For all electors, as specified in W.S. 22-9-105, thefollowing shall be printed on the reverse side of the outerenvelope in red ink:
INSTRUCTIONSThis is your absentee ballot. To vote, mark the ballot insecret, then sign the affidavit on the back of the inner ballot
envelope and mail or deliver the inner ballot envelope to thecounty clerk.
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 innerballot envelope and mailed or delivered to the clerk.
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 orfrom other reliable sources, the clerk shall determine the
district and precinct where the ballot shall be voted and shallwrite the number of the district and precinct on the innerenvelope.
22-9-115.

Receipt by clerk; handling procedure.

(a) After an absentee ballot has been accepted by theclerk, it shall not be returned to the voter.
(b) 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 aredelivered to the polling place or the designated counting
center. The clerk shall endorse on the precinct envelope thenumber 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 areopen" and shall affix his signature, official title, and seal
the envelope.

22-9-116.

Duplicate precinct lists; generally.

The clerk shall make in duplicate a precinct list indicating thenames of electors voting an absentee ballot in the precinct.
22-9-117.

Duplicate precinct lists; handling procedure.

The duplicate list of absentee precinct electors shall be placedin the precinct envelope with the absentee ballots. The precinct
envelope shall be sealed before being delivered to the precinct
polling place.
22-9-118.
to precincts.

Delivery of absentee ballots and duplicate list

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.
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 envelopeof such late absentee ballot "Rejected-received after the polls
closed". These late ballots shall be kept by the clerk for atleast two (2) years after the election or longer if required byfederal law and then destroyed.
22-9-120.

Receipt of absentee ballots and lists by judges.

When the absentee ballots are delivered to the polls and thepolls 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 returnit in receipt to the clerk. The clerk shall retain his list in
the absentee ballot record.
22-9-121. Examination of absentee ballot affidavit;
rejection; voting ballots.
(a) 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.
(b) If it is not, they shall write on the unopened innerenvelope "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 stateand federal law or until the final termination of any court
action in which it may be involved, whichever is later, and thendestroyed.
(c)

If it is sufficient:(i) In a paper ballot precinct, the name of theabsent elector shall be entered in the pollbook, the innerballot envelope shall be opened by a judge of election and theballots therein shall be removed. The ballot shall then beplaced in the regular ballot box by a judge of election;(ii) 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 havebeen 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 ofelection 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 correctlycast.
22-9-122.

Return of inner ballot envelopes.

The opened inner ballot envelopes shall be returned to andretained by the clerk.
22-9-123.

Multiple voting prohibited.

A person shall not vote by absentee ballot and in person at thesame 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.
22-9-124.

Violations.

If a person violates the provisions of this chapter outside thestate 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 theclerk.
22-9-125. Alternate procedures for collecting and counting
absentee ballots.
(a) 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:(i) 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 theseparate precincts or designated counting centers. However, if
this alternate procedure is used, the judges shall record theresults by precinct and shall immediately certify the results tothe county clerk;(ii) Direct that an absentee polling place may beestablished in the courthouse or other public building which isequipped to accommodate voters from all districts and precincts
within the county and shall be open the same hours as thecourthouse on normal business days during the time period
allowed for absentee voting. If this alternate procedure isused, 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 forabsentee voting.
(b) In the case of electronic voting systems using either
alternate procedure provided in subsection (a) of this section,
the ballots may be tabulated automatically on election day andthe ballot counts shall be entered at the designated counting
center at the time the polls close on election day.
(c) If either alternate voting procedure provided insubsection (a) of this section is sought to be used, thesecretary 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.

(d) Notwithstanding subsection (b) of this section and anyother mandatory procedures for counting absentee ballots under
this chapter, the county clerk may choose to prepare and processabsentee ballots the Thursday or Friday immediately preceding
election day, provided:(i) Any county clerk electing to use this method of
preparing and processing absentee ballots shall first notify thesecretary of state;(ii) The county clerk shall notify each politicalparty of the date, time and place that absentee ballot
preparation and processing will occur. The notice shall include
information on in-person observation of the process, including
any procedures regarding the observation;(iii) No candidate or candidate's committee
chairperson or treasurer shall be allowed to observe thepreparation and processing of absentee ballots under paragraph(ii) of this subsection;(iv) No results of absentee ballots prepared andprocessed under this subsection shall be made known, printed,
released or provided to any person and the results shall not be
incorporated into the final vote count in any manner until after
the polls close on election day;(v) No person observing the preparation andprocessing or performing the preparation and processing ofabsentee ballots under paragraph (ii) of this subsection shallbe allowed to have in their possession any personal electronic
device, except a device for medical necessity, within ten (10)feet of the area where the preparation and processing isoccurring at any time while preparation and processing isoccurring;(vi) The secretary of state shall adopt rules for the
preparing and processing of absentee ballots under thissubsection.
CHAPTER 10 - VOTING MACHINES
22-10-101.
(a)shall:

Criteria for approval.

To be approved for use in Wyoming a voting machine(i) Require secret voting, except for electors
receiving assistance as provided by law;(ii) Permit an elector to cast any vote he isentitled to cast at any election and permit voting for awrite-in candidate for any office;(iii) 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;(iv) Permit an elector to change any vote before his
vote is registered;(v) Permit an elector by one (1) device to votesimultaneously for candidates of one (1) political party forpresident, vice-president and presidential electors;(vi) Permit adjustment at a primary election toassure that an elector will vote only the political party or
nonpartisan ballot he is entitled to vote;(vii) Have separate voting devices for candidates andballot propositions, which shall be arranged in separate rows orcolumns, so that one (1) or more adjacent rows or columns may be
assigned to the candidates of each political party at a primaryelection;(viii) Have a public counter visible outside themachine which shall show at all times during an election thenumber of electors who have voted on the machine, and aprotective counter which cannot be reset and which will record
the total number of movements of the registering mechanism;(ix) Have locks and seals to permit the machine to belocked to prevent any movement of the registering mechanism;(x) Have the capacity to contain the names ofcandidates constituting the tickets of not less than five (5)political parties and independent groups and not less thanfifteen (15) ballot propositions;(xi) Be constructed so that an elector may readilylearn how to operate, it may expeditiously cast his vote, andwhen operated properly shall register and accurately record
every vote cast;(xii) Be durably constructed of good quality material
in a neat and workmanlike manner and shall be safely
transportable.
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 thestandards specified in W.S. 22-10-101.
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 themfor cash or in annual installments not to exceed ten (10) years.
22-10-104.
electors.

Submission of purchasing bonds question to

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 theexisting indebtedness of the county shall not exceed two percent(2%) of the taxable property in the county as shown by the lastgeneral assessment, and bearing a rate of interest not exceedingten percent (10%) per annum, and payable in not to exceed twenty(20) years, for the purchase of voting machines to be used incountywide elections and for the construction of necessarystorage facilities and the building site therefor.
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, thestate, subdivision or other governmental entity shall pay to thecounty 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.
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 maintainvoting machines.

22-10-107.

Custody and maintenance.

The county clerk shall have custody of voting machines and keepthem in repair. The county clerk shall have custody and care ofkeys and seals for the voting machines.
22-10-108. Procedure for preparing machines for election;
inspection and certification.
(a) Before preparing a voting machine for an election, thecounty clerk shall notify in writing the county chairman of eachpolitical party having a candidate on the ballot and all
independent candidates, stating the time and place where thevoting machine will be prepared for the election. The politicalparty 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 registeringcounters are set at zero (00000). The county clerk in thepresence of these representatives shall prepare the voting
machine for the election and set all registering counters atzero (00000). He shall then test each registering counter for
accuracy by casting votes on it until the registering counter iscorrectly registering each vote cast on it. The county clerk
shall then reset each registering counter to zero (00000) andshall immediately lock and seal the voting machine with anumbered metal seal and make a record of the number of the sealon the certificate for the machine. The seal shall be so placed
as to prevent operation of the machine or its registeringcounters 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.
(b) 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, thecounty clerk shall make a certificate in writing stating theserial number of each machine, whether the machine has all theregistering counters set at zero (00000), and whether themachine has been tested by voting on each registering counter toprove that each registering counter is in perfect and accuratecondition, the number registered on the protective counter, andthe number on the seal with which the machine is sealed against
operation. This certificate shall be kept on file in the officeof the county clerk.

22-10-109.
thereon.

Key in sealed envelope; matters to be printed(a) When all voting machines to be used in an election arelocked and sealed, the key to each machine shall be enclosed ina sealed envelope on which shall be printed:(i) The number or designation of the election
district and precinct in which the machine is to be used;(ii)

The number of the seal with which the machine issealed;(iii) The number registered on the protective counteras reported by the county clerk;(iv) The signature of the clerk and the signatures oftwo (2) representatives, if any, placed across the seal.
22-10-110.

Presumption of proper preparation; objections.

A voting machine prepared for an election and certified by thecounty 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 thecounty stating the number of the machine and the grounds forobjecting to its use.
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 thepolls open and their return to custody after the election. The
expense of transporting the machines shall be paid by theauthority or proportionately by the authorities conducting theelection.
CHAPTER 11 - ELECTRONIC VOTING SYSTEMS
22-11-101.

Repealed By Laws 1998, ch. 100, § 5.

22-11-101.1.

Definitions.

(a) As used in this chapter, "Vendor" means a person
engaged in selling, leasing, marketing, designing, building ormaintaining electronic voting systems for tabulating election
results to the state or counties.

22-11-102.

Use authorized; purchase or lease.

The board of county commissioners of each county may adopt foruse, either experimentally or permanently, in any election in
any or all polling places within the county, any electronic
voting system authorized by law.
22-11-103.

Capabilities required.

(a) Every electronic voting system adopted for use in
Wyoming shall:(i)

Provide for voting in secrecy;(ii) Permit each voter to vote at any election for
all candidates and offices, and on any question, for which he islawfully entitled to vote;(iii) Permit voting either by paper ballot, by ballot
card or by other mechanical, magnetic or electrical means bywhich a vote may be recorded;(iv) Permit each voter, at presidential elections, by
one (1) mark to vote for candidates of one (1) party forpresident, vice-president and presidential electors or to writein a name for president;(v)

Provide for replacement of spoiled ballots;(vi)

Permit both absentee and write-in voting;(vii) Provide automatic tabulating equipment whichshall 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 isexpressed;(viii) Be suitably designed to function safely,
efficiently and accurately, when properly operated, inrecording, tabulating and counting every vote cast;(ix)

Repealed By Laws 1998, ch. 100, § 5.

(x) Be certified by the secretary of state asprovided in subsections (d) through (g) of this section;

(xi)
(b)

Have and use an air gap.

Repealed By Laws 1998, ch. 100, § 5.

(c) The secretary of state may from time to time asnecessary promulgate rules and regulations consistent withsubsection (a) of this section and with all other requirementsof this Election Code to govern the characteristics ofelectronic 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 theprocedures to be followed in using the systems. The rules shallallow the county clerks to follow appropriate recommendations of
the vendors of the systems for maintenance and management of thesystems 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.
(d) A vendor shall file in the office of the secretary ofstate an application for certification of an electronic voting
system and the secretary of state shall approve the application
before any electronic voting system to be used in an election
conducted under this code may be distributed, sold or upgradedby the vendor. The application for certification of anelectronic voting system shall contain the following
documentation:(i) Proof that the electronic voting system has beencertified by the United States election assistance commission;(ii) Proof that the electronic voting system meetsthe voluntary voting system guidelines adopted by the UnitedStates election assistance commission;(iii) Proof that the electronic voting systemcomplies with the provisions of this chapter;(iv) A Wyoming certificate of good standing for thevendor from the office of the secretary of state dated not morethan ninety (90) days prior to the date the application is
filed;(v) Proof of the vendor's escrow account containing
the source code for the electronic voting system and systemcomponents for which certification is being sought including any
source code updates; and(vi) The checksum value associated with the escrowed
source code for the electronic voting system and systemcomponents for which certification is being sought;(vii) All related manuals, including but not limited
to, technical manuals for repair and maintenance of theelectronic voting system, operations manuals for election
officials, printer manuals for ballot production and all otherwritten documents prepared by the vendor that describe theoperation, use and maintenance of the electronic voting system;(viii) A list of applicable patents and copyrights on
the electronic voting system;(ix) A history of the electronic voting system toinclude a complete description of the electronic voting system,
the date the electronic voting system was produced and acomplete list of the states that have used the electronic voting
system;(x) A list of any written complaints or concerns madeto the vendor by other jurisdictions including county or local
jurisdictions on the electronic voting system and a descriptionof the resolution of the complaints or concerns. If there are no
written complaints or concerns made to the vendor by otherjurisdictions on the electronic voting system then the vendor
shall provide a statement to that effect;(xi) A list of all denials of certification for theelectronic voting system made to the vendor by otherjurisdictions including state, county or local jurisdictions
which shall include official documentation on the resolution of
the denial of certification or a statement from the state,county or local jurisdiction explaining why the denial was not
resolved.
(e) The secretary of state may deny an application forcertification of an electronic voting system as required bysubsection (d) of this section or withdraw certification of anelectronic voting system for any of the following reasons:(i) A county clerk notifies the secretary of state ofand the secretary of state determines that the electronic voting
system fails to meet the requirements necessary for approval ofcertification or ongoing certification provided in subsection(d) of this section; or(ii) The vendor fails to notify the secretary ofstate of necessary enhancements or adjustments to the electronic
voting system;(iii) The election voting system does not produce
accurate results and reports as required by law;(iv) Changes are made in the electronic voting systemthat do not comply with the requirements for certification as
required by subsection (d) of this section;(v) The electronic voting system is no longer used byany county in Wyoming or is no longer available for purchase or
repair from the company.
(f) Before being used, any new electronic voting systemthat is purchased by either the state or a county shall becertified pursuant to this section.
(g) Every county in Wyoming shall keep an inventory of allelectronic voting systems being used in that county. The
inventory shall include the following information:(i)

The type of electronic voting system used;(ii)

The quantity of each electronic voting system;(iii)

The serial number of each electronic voting

system;(iv) The software version, if applicable, of eachelectronic voting system; and(v) The firmware version, if applicable, of eachpiece of hardware used in an electronic voting system.
22-11-104.

Conduct of elections in which systems utilized.

(a) All provisions of the Election Code governing the
conduct of elections shall apply to elections in whichelectronic 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 tofacilitate the use of the electronic voting system and yet
maintain the integrity of the election and the intent of thelaw.

(b) The county clerk of each county using an electronic
voting system shall:(i) Determine whether paper ballots, ballot cards or
a combination of both will be used in each polling place;(ii) Before the day of election deliver to eachpolling place using an electronic voting system:(A)

A sufficient number of voting devices and(B)

Repealed By Laws 2014, Ch. 108, § 2.

(C)

Other appropriate instructional materials or(D)All other materials required by law.

ballots;

devices; and(iii) Before testing an electronic voting system foran election, notify the county chairman of each political party
having a candidate on the ballot, stating the time and place ofthe test. The political party representatives andrepresentatives of independent candidates may be present for the
test, which shall be held at least two (2) weeks before theelection. 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 byprocessing a preaudited group of paper ballots or ballot cards
on which are recorded a predetermined number of valid votes foreach candidate and on each measure and shall include for each
office one (1) or more ballots which have votes in excess of thenumber allowed by law in order to test the ability of theautomatic tabulating equipment to reject such votes. During thetest a different number of valid votes shall be assigned to eachcandidate for an office, and for and against each measure. If
any error is detected, the cause of it shall be ascertained andcorrected and an errorless count shall be secured and certified
to by the county clerk. On completion of the count, theprograms, test materials and ballots shall be sealed andretained as provided for paper ballots;(iv)

Designate one (1) or more counting centers;(v) Provide adequate security for the delivery of all
ballots to the designated counting center;

(vi) 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 bycounting 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 berecorded on the damaged or defective ballot. Damaged or
defective ballots shall be delivered with the returns to thecounty clerk;(vii) Ensure that every electronic voting system usedin the county has and uses an air gap.
(c) In addition to any other duties prescribed by law,election judges in polling places using an electronic voting
system shall:(i)

Repealed By Laws 2014, Ch. 108, § 2.

(ii) Provide adequate instruction in the use of thevoting device to each voter before he enters the voting booth.
Additional instruction may be provided as specified by law.
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 beplaced in an envelope for spoiled ballots. Spoiled ballots
shall be delivered with the returns to the county clerk.
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), thevoter shall instead place the paper ballot in the ballot box.
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 ofcounting the ballots.
22-11-108.

Retabulation.

A retabulation may be performed at the discretion of the county
clerk. If the retabulation indicates a different count, theresult of the last retabulation shall be the official result
unless a recount is conducted. If the difference in theretabulations affects the result of any race or ballot
proposition, a recount under W.S. 22-16-109(a) shall be
conducted.
22-11-109.

Post election audit.

The county clerk shall conduct a random audit of ballots byprocessing the preaudited group of test ballots as described in
W.S. 22-11-104(b)(iii) on five percent (5%) of the automatedtabulating 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.
CHAPTER 12 - POLLING PLACE REGULATIONS BEFORE POLLS OPEN
22-12-101. Designation and notice of polling places;
external location; change in location.
(a) 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 belocated outside of the precinct if the board of county
commissioners determines and records in its minutes the reasonsthat it is required by the public convenience.
(b) 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 isposted 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 thecounty. The notice shall include the date and place of thecounty commissioners’ meeting where the proposed change will be
discussed. The county clerk shall notify the county chairman ofeach political party in the county not later than fifteen (15)days before the meeting. A proposed change in the location of apolling place may be adopted by the county clerk at a meeting of
the county commissioners during which the proposed change isdiscussed.
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 anelection determines that use of schools is necessary.
22-12-103.

Furnishing of booths.

The county clerk in all elections shall furnish each pollingplace with sufficient booths, paper ballots or voting machines
and supplies to permit convenient and secret marking of ballots.
22-12-104.

Printed instruction cards.

The county clerk shall provide printed instruction cards toguide 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 obtaina new ballot in place of one spoiled, and a statement of acts
constituting a violation by voters of the Election Code.
22-12-105.

Posting instruction card and sample ballot.

Before the polls are opened, the judges of election shall postin each booth one (1) instruction card. They shall post
elsewhere in the polling place at least one (1) instruction cardand one (1) sample ballot.
22-12-106.

Contents of voting booths.

Voting booths shall contain nothing except voting instructions
and materials necessary for marking ballots.
22-12-107.

Materials for judges.

(a) Before election day the county clerk shall cause to bedelivered to one (1) of the judges of election in each pollingplace the following materials:(i)

Pollbooks;(ii) At any election specified in W.S. 22-2-101(a)(i)through (viii), registration applications;(iii)

A map of the precinct boundaries;(iv) Ballot boxes in the number required by law withsecure locks and keys and one (1) opening sufficient to admit asingle ballot;

(v)Voting machines, where required;(vi)

The number of ballots required by law;(vii)

Repealed By Laws 2011, Ch. 38, § 2.

(viii)

Repealed By Laws 2011, Ch. 38, § 2.

(ix)

Repealed by Laws 2017, ch. 86, § 2.

(x)

Other necessary supplies.

22-12-108.
seals.

Delivery of ballots and stamps; breaking of

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 presenceof the other judges before the polls are opened.
22-12-109.

Repealed By Laws 1998, ch. 100, § 5.

22-12-110.

Supplies for voting machines.

(a) When voting machines are used the county clerk shallhave an appropriate official deliver to a judge of election ineach polling place, before the day of election, the following
supplies:(i)

The key to each machine sealed in an envelope;(ii)

Repealed By Laws 2013, Ch. 31, § 2.

(iii)

Other appropriate instructional devices.

22-12-111.

Repealed By 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 thevoting machines with the sample ballots and return sheets to seethat they are correct, place the voting machine in a proper
position free from obstruction and assure that the face of themachine 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 notagree, the machine shall be reexamined and certified by thecounty clerk before it may be used.
22-12-113.

Setting of registering counters.

The judges shall see that all registering counters are set atzero (00000) and that the voting machines are in propercondition. If the machine is equipped with a mechanical or
photographic printout device, the election board shall determinethat 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 arecanvassed.
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 areready for voting.
22-12-115.

Examination of ballot box.

Before the polls are open, the judges of election shall open andexamine 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 thepresence of two (2) or more election judges with different
political party affiliations. It shall not be removed from thepresence of the judges of election or counting board until all
ballots are counted and recorded.
CHAPTER 13 - POLLING PLACE REGULATIONS DURING VOTING HOURS
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.
22-13-102.

Repealed By Laws 1998, ch. 100, § 5.

22-13-103.
and machines.

Preservation of order; privacy of voting booths(a) Judges of election have the duty and authority topreserve order at the polls by any necessary and suitable means.
(b) To protect the privacy of the voter, voting booths andvoting machines shall be kept clear of all persons except votersmarking ballots and election officials discharging their duties.
22-13-104.

Procedure before elector permitted to vote.

(a) Before a qualified elector is permitted to vote anelection judge shall record the applicable information as listedin W.S. 22-1-102(a)(xxiii) by his name on the poll list.
(i)

Repealed By Laws 2005, ch. 110, § 2.

(ii)

Repealed By Laws 2005, ch. 110, § 2.

(iii)

Repealed By Laws 2005, ch. 110, § 2.

(iv)

Repealed By Laws 2005, ch. 110, § 2.

(v)

Repealed By Laws 2005, ch. 110, § 2.

(b)

Repealed By Laws 2005, ch. 110, § 2.

(c)

Repealed by Laws 1991, ch. 243, § 5.

22-13-105.

Official marking of paper and absentee ballots.

Before delivering a paper ballot to an elector a judge ofelection or county clerk shall initial the ballot. No otheridentifying marks shall be made on an official ballot. An
elector shall cast only one (1) ballot or set of ballots at eachelection. No ballot determined to be valid by the canvassing
board shall be rejected solely due to an administrative error of
not initialing the ballot.
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 theelector or judge of election.

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 becancelled by a judge of election and delivered with the returns
to the county clerk or official conducting the election.
22-13-108.

Repealed By Laws 2008, Ch. 115, § 2.

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 useof 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 placesolely for instruction purposes.
22-13-110.

Entering write-in votes.

Write-in votes may be entered on a voting machine in the mannerindicated by instructions posted on the voting booth orindicated on the voting machine.
22-13-111.

Repealed By Laws 2008, Ch. 115, § 2.

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.
22-13-113.

Persons permitted in voting booth; time limit.

(a) Not more than one (1) person may occupy a voting boothat any time, except that any elector who requires assistance tovote 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.
(b) A person may remain in the booth for not more than ten(10) minutes.
22-13-114.

Papers to assist marking permitted.

An elector may use a written or printed paper to assist in
marking his ballot.
22-13-115.
ch. 243, § 5.
22-13-116.

Repealed by Laws 1990, ch. 42, §§ 1,2; 1991,
Repealed By Laws 2009, Ch. 36, § 2.

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 thepolls will close in thirty (30) minutes. Electors present andwaiting to vote at 7:00 p.m. shall be permitted to enter thepolls and vote. No other elector shall be admitted to vote after
7:00 p.m. After all ballots are cast, the polls shall bedeclared closed by a judge of election making an official
proclamation of closing.
22-13-118.

Judges work schedule.

At the discretion of the county clerk, election judges may beallowed to work at the polling place on election day for aperiod of time less than the total amount of time the polls areopen provided the polling place has a sufficient number ofelection judges on duty at all times to comply with therequirements of this title. An election judge shall not leave
his polling place during his work shift.
CHAPTER 14 - POLLING PLACE REGULATIONS AFTER POLLS CLOSE
22-14-101.

Repealed By Laws 1998, ch. 100, § 5.

22-14-102. Who may be present after all votes are cast andpolls close; making pollbooks agree; counting votes.
After all the votes are cast and the polls are officiallydeclared closed, only election judges shall be permitted in apolling place. When all ballots are cast, the machine shall belocked 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.
22-14-103.
discrepancies.

Counting in paper ballot precincts;

Unless otherwise validated by a canvassing board pursuant toW.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 todetermine the discrepancy. If the election judges cannot
determine the discrepancy, the county clerk and, if necessary,the county canvassing board, shall resolve the discrepancy.
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 alist. A vote which is not clearly marked shall not be tallied
for that office or question but votes clearly marked on theremainder of the ballot shall be tallied.
22-14-105.

Vote tallying in voting machine polling places.

(a) In voting machine polling places, the judges ofelection shall cast all remaining absentee ballots on a voting
machine in the manner prescribed by W.S. 22-9-121 and shall lockand seal the voting machines. They shall certify in writing thatthe machine was locked and sealed, stating the time, the numberof voters voting on each machine as shown on the publiccounters, the number on the seal, and the number registered on
the protective counter.
(b) Election judges shall then determine the number ofvotes cast on each voting machine used in the polling place by
opening the machine or obtaining a photographic or mechanicalprinted return sheet from the machine.
(c) 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 beverified by another election judge or counting board member.
(d) In machine polling places, write-in votes shall becounted and the results tallied by the election judges orcounting board after the regular ballots are counted.
(e) 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 themachine was inspected prior to opening the polls.
(f) 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 thecounting of ballots at a central counting center.
22-14-106.

Repealed by Laws 2015, ch. 138, § 2.

22-14-107.

Tabulation of count.

The unofficial tabulation indicating the vote by precinct shallimmediately be transmitted by the county clerk to the secretaryof state. These unofficial tabulations shall be tabulated by thesecretary of the state. The secretary of state shall provide
procedures for such transmittal through rule and regulation.
22-14-108.

Repealed by Laws 1991, ch. 243, § 5.

22-14-109.

Repealed by Laws 1991, ch. 243, § 5.

22-14-110.
records.

Sealing paper ballots and voting machine

Paper ballots shall be sealed by the election judges in an
envelope after being counted and tallied, unless the ballots arebeing counted at a central counting center as authorized by W.S.
22-14-114(b). One (1) copy of each voting machine record shallbe sealed in a separate envelope showing the district, precinct
and machine number and endorsed by the election judges. Theseenvelopes shall then be sealed in a single large container. The
district and precinct number shall be written on each container.
22-14-111.

Returning records and returns to clerk.

(a) Unless the votes are being counted at a central
counting center as authorized by W.S. 22-14-114(b), an election
judge or peace officer as defined under W.S. 7-2-101(a)(iv)(A)or (B) and acting under the authority of the county clerk shall,as soon as possible after the tabulation of votes is complete,return to the clerk who prepared the ballots for the election
the following records and returns in a sealed and locked
container with a numbered seal that includes a number or otheridentifier that is unique to that seal:

(i) One (1) sealed copy from each electronic voting
system printer pack;(ii)

All ballots cast, including provisional ballots;(iii)

Spoiled or rejected ballots;(iv)

Ballots not cast;(v)

Repealed by Laws 2002, Ch. 18, § 3.

(vi) Affidavits, registration application forms andoaths where required;(vii)

Tally sheets;(viii)

Oaths of judges of election;(ix)

Reconciliation of ballots;(x)

Tally sheet if ballots are hand counted.

(b) The number or unique identifier on the numbered sealon the sealed and locked container required under subsection (a)of this section shall be documented by an election judge before
departing the polling place and documented by the county clerk
upon arriving at the county clerk's office.
22-14-112.

Repealed by Laws 1991, ch. 243, § 5.

22-14-113.

Return of voting machine keys and supplies.

(a) Keys to voting machines shall be returned to thecounty clerk in an envelope sealed and signed by an election
judge and endorsed by an election judge of a different politicalparty affiliation. On this envelope shall be recorded the numberof the seal with which the machine was closed.
(b) 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.
22-14-114.

Counting of ballots.

(a) For ballots designed to be counted by machine, eachindividual vote shall be determined by the voting equipment andshall not be determined subjectively by human tabulation exceptwhen the intent of the voter is unmistakable but the ballot wasreceived in such damaged, soiled, or other condition that it isrejected 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 writein votes, names which are misspelled or abbreviated or the useof nicknames of candidates shall be counted for the candidate if
the vote is obvious to the board.
(b) At the request of a county clerk, an election judge
shall place the ballots from a polling place in a sealed andlocked container with a numbered seal and an election judge or apeace officer as defined under W.S. 7-2-101(a)(iv)(A) or (B)shall transport the ballots to be counted at a central counting
center in accordance with rules promulgated by the secretary ofstate pursuant to W.S. 22-2-121(g).
CHAPTER 15 - CHALLENGING
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 themanner prescribed by law.
22-15-102.

Repealed By Laws 1998, ch. 100, § 5.

22-15-103.

Repealed By Laws 1998, ch. 100, § 5.

22-15-104.

Grounds for challenge.

(a) A person offering to vote may be challenged for thefollowing reasons:(i)

Not a qualified elector;(ii)

Not entitled to vote in the precinct;(iii) Name does not appear on poll list and theperson cannot meet the requirements to register at the polls;(iv)

Not the person he represents himself to be;(v)

Has already voted;

(vi) For in person voting, failure to present
acceptable identification immediately before voting at thepolling place or absentee polling place.
22-15-105.

Challenged person may vote; generally.

(a) If a person offering to vote is challenged, and thechallenge is not resolved in accordance with W.S. 22-15-106, anelection judge shall offer the voter a ballot clearly marked"provisional" and which cannot be automatically tabulated.
(b) A person challenged on any ground may vote byprovisional 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 thisis the only ballot I have or will vote in this election.".
.............................
Signature of voter.............................
Signature of judge.............................
Precinct and District No.
(c) The oath required by this section shall be printed on
the provisional ballot envelope.
(d) A challenged voter may present information anddocumentation 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 beconsidered by the canvassing board in determining the voter'seligibility 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 aqualified elector.

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 entitledto vote in that election within that county.
22-15-107.

Repealed by Laws 2002, Ch. 18 § 3.

22-15-108.

Duty of judges to challenge.

It is the duty of the judges to challenge electors wheneverexistence of legal grounds for doing so is known or apparent to
the judges.
22-15-109. Poll watchers; certification; qualification;authority; removal.
(a) The county chairman of each political party may
certify poll watchers prior to the day of the election to servein each polling place. Not more than one (1) poll watcher fromeach political party may serve simultaneously unless the chief
judge determines that one (1) additional poll watcher from eachpolitical party may be accommodated in the polling place without
disrupting the polling process.
(b) A poll watcher shall belong to the political party herepresents and shall be a registered elector residing in the
county. A poll watcher shall serve only at the polling placedesignated on the certificate. A poll watcher is authorized toobserve voter turn out and registration and may make written
memoranda but shall not challenge voters, conduct electioneering
activities or disrupt the polling process.
(c) The chief judge may remove a poll watcher from thepolling place for disturbing the polling place, or for any otherviolation of the Election Code.
CHAPTER 16 - CANVASS AND RECOUNT
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.
22-16-102.

Abstract of vote; returns not filed.

(a) The county clerk shall prepare an abstract of the voteof 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).
(b) The county clerk shall send a messenger to obtainreturns not filed in his office within a reasonable length oftime.
22-16-103.
(a)County canvass procedures.

Prior to the county canvass, the county clerk shall:(i) Examine the poll books, tally sheets, precinct
certifications and oaths of election officials;(ii) Summarize the number of votes cast in eachprecinct for every candidate appearing on the ballot and thetotal votes cast for write-in candidates, and upon each ballot
proposition;(iii) Count write-in votes by candidate if the total
vote for write-in candidates may affect the result of anelection. For offices elected from districts involving more thanone (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.
(b)

Repealed by Laws 2002, Ch. 18 § 3.

(c)

The county canvassing board shall:(i) 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 thecounty clerk, but no later than the first Friday following theelection;

(ii) Perform or review a reconciliation of theballots by precinct;(iii) Review and determine the eligibility ofprovisional 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 shallmeet in executive session when necessary to protect theconfidentiality of ballots and of a voter's confidential
personally identifiable information;(iv) Count and tabulate the votes on the provisional
ballots which were determined to have been cast by qualified
electors;(v) Review and certify the abstracts after thevalidity of provisional ballots have been determined anddiscrepancies and ties have been resolved;(vi) Review and certify successful write-incandidates after determination of the number of votes forcandidates and verification of candidate qualification;(vii) Cause minutes of the meeting to be taken,
signed by the canvassing board and filed with the county clerk;(viii)
information:

Ensure abstracts contain the following(A) For primary elections, the total ballots
cast by party, including unaffiliated votes;(B) The number of electors voting in person andby absentee ballot by precinct at the election;(C)
receiving votes:

The full name of each of the following(I)

Candidates printed on the ballot;(II) Write-in candidates, if the candidate
received a sufficient number of votes; and(III)

Nominated or elected write-incandidates.
(D)

The offices receiving votes;

(E) The number of votes cast for each of thefollowing receiving votes:(I)

Candidates printed on the ballot;(II) Write-in candidates, if the candidate
received a sufficient number of votes;(III)

Nominated or elected write-in(IV)

The number of overvotes; and(V)

The number of undervotes.

candidates;(F) The official designation or number of eachballot proposition and the number of votes for and against it
stated in figures; and(G)

The number of provisional ballots cast.

(d) The precinct returns of the municipal primary election
shall be canvassed by the county canvassing board, which shallcertify the results of such in writing to the county clerk andmunicipal clerk.
22-16-104.

Repealed by Laws 2002, Ch. 18, § 3.

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 theelection, except in elections for members of the statelegislature, which shall be determined as provided in W.S.
22-16-119.
22-16-106.

Write-in candidates.

(a) Each write-in candidate nominated at a primaryelection, 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 hewould have been required to file an application for nomination
to that office.

(b) The chief election officer shall notify a write-incandidate 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 orother generally accepted mail delivery method to the last known
address of the write-in candidate, email or other electronicmeans that provide actual notice to the write-in candidate, orservice as provided under the Wyoming Rules of Civil Procedure.
Each notification provided under this section shall inform thewrite-in candidate that failure to timely respond will result in
forfeiture of nomination. Failure of the successful write-incandidate to accept the nomination in the manner prescribed insubsection (a) of this section within five (5) days after
delivery, attempted delivery or service under the Wyoming Rulesof 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.
(c) 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.
(d) 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 avacancy in the office which shall be filled in the mannerprescribed in W.S. 22-18-101 through 22-18-112.
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 tointerested persons.
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 deliveredby the county clerk to the secretary of state. The secretary ofstate shall provide procedures for such transmittal andnotification through rule and regulation.
22-16-109.

Recounts.

(a) The county canvassing board shall make a recount ofprecinct votes if it appears to the board that a recount isrequired due to irregularities in that precinct.
(b) There shall be a recount made of all the votes cast
for any office in which the difference in number of votes castfor 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 theleast number of votes cast for that office. This recount shallbe made in the entire district in which the candidates are
standing for election.
(c) There shall be a recount made of all the votes cast
for any office if a losing candidate requests one underprovision of W.S. 22-16-110. This recount shall be made in theentire district in which the candidate is standing for election.
22-16-110. How candidate may obtain recount; whereaffidavit filed.
(a) A candidate may obtain a recount of votes for theoffice 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 thesame office the candidate filed his application for nomination:(i) Not later than two (2) days after the county
canvass has been completed if the office is certified by thecounty canvassing board;(ii) Not later than two (2) days after the state
canvass has been completed if the office is certified by thestate canvassing board.
22-16-111.

Recount of ballot proposition.

(a) A recount of votes of a ballot proposition may beobtained in one (1) of the following manners:

(i) 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 becalculated based upon the total number of votes cast in theelection;(ii) A recount will be made if requested in anaffidavit signed by twenty-five (25) electors registered in a
district voting on the question. The affidavit shall be filedwith the county clerk not later than two (2) days after thecounty canvass has been completed for propositions voted on in
one (1) county, and with the secretary of state not later thantwo (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).
(b) The county in which the recount is taken shall pay thecosts 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 bejointly and severally liable for the costs of the recountrequested by them up to five hundred dollars ($500.00) per
county recounted if the results of the election are not changedby the recount.
(c) The result of the recount shall be the official resultof the election.
22-16-112.
result.
(a)follows:

Precincts to be recounted; recount official

The number of precincts to be recounted shall be as(i) If the recount is requested by a candidate, allprecincts in which that candidate was voted upon for that officeshall be recounted;(ii) 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;

(iii) 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 madein the precincts designated by the canvassing board initiating
the recount.
(b) If the recount indicates a different vote, the resultof the recount shall be the official result.
(c) In no event shall a county clerk certify the recountresults later than seventy-two (72) hours after the recount isrequested.
22-16-113.

Recount deposit; expense of recount.

(a) An affidavit requesting a recount must be accompaniedby the following deposit:(i) 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);(ii) 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).
(b) If the recount shows sufficient error to change theresult 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 therecount shall be liable for the actual cost of conducting therecount 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 tothe candidate requesting the recount, and shall refund any
surplus to the candidate.
(c) If the recount is initiated by the county canvassing
board or required by W.S. 22-16-109(b), the cost of the recountshall be paid by the county in which the recount is taken
regardless of the result of the recount.
22-16-114.
recount.

Certificates of election or nomination after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 mailcertificates of election or nomination to each candidate
nominated or elected to a county or precinct office.
22-16-115.

State canvassing board.

The state canvassing board is the governor, secretary of state,state auditor and state treasurer.
22-16-116.
abstracts.

Statewide abstract; discrepancies with county

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 thevotes for and against ballot propositions voted on by electorsof 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 thestate abstract from the official county abstracts.
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, thetotal votes cast for each candidate, the names of all write-incandidates receiving a sufficient number of votes to affect theresult of the election and the number of votes for each, and thenumber of votes received for and against each ballot
proposition.
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 shallsend a messenger to obtain official county abstracts not filed
in a reasonable length of time. The canvassing board shall meetat the time and place set by the secretary of state. The board
shall review the state abstracts prepared by the secretary ofstate, compare them with the tabulation and materials preparedby the secretary of state, resolve any tie votes, and certify
the abstract as the official state canvass.

22-16-119.

Tie vote in state abstract.

A tie vote for an office contained in the state abstract shallbe resolved at an open meeting by lots cast by the state
canvassing board.
22-16-120.

Filing of state abstract.

When the canvass by the state canvassing board is completed andcertified, 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 ofstate and shall make additional copies available to the public.
22-16-121. Certificates of nomination and election
following state or county canvass.
(a) When the state canvass is concluded, the secretary ofstate 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 orby petition.
(b) The governor shall issue a certificate of election toa candidate duly elected to an office to be filled by electorsof the state, district court judges, circuit court judges andmembers of the state legislature. The county clerk shall issue acertificate 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.
22-16-122.
election.

Election declared null and void; special(a) 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 andvoid as to that office and the county clerk shall call a special
election to make a decision. For purposes of this section, acanvassing board shall be unable to determine which candidate isnominated or elected if:

(i) A material error in the conduct of the election
has occurred; and(ii) The error involves a number of votes that isequal to or greater than the number of votes separating thewinning and losing candidates.
(b) 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 forthe special election.
(c) If only certain precincts are allowed to vote in thespecial election, the votes received in the special election
shall be added to the unofficial results not declared null andvoid for that office from the initial primary, general election
or other special election.
(d) In a contest involving multiple candidates, all of thecandidates' names shall be placed on the ballot in the special
election.
(e) Any candidate may appeal the decision of thecanvassing 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 nolater than the first Monday following the meeting of thecanvassing board where the decision being appealed was made.
(f) The special election shall be held if necessary nolater than the third Tuesday after the primary, general or otherspecial 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 inthe manner of a primary or general election, except only thoseregistered in the precinct at the close of polls on the election
day of the primary, general or other special election inquestion shall be permitted to vote in the special election. If
the election is held as a special mail ballot election, theelection shall be held as provided in W.S. 22-16-123.
(g) 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 theoffices, the requirements for filing statements of campaign
contributions and expenditures, and any other pertinent
information.
(h) A court ordered election may be held by special mailballot election as determined by the county clerk or by thesecretary of state if the election involves more than one (1)county.
22-16-123.

Special mail ballot elections; procedures.

(a) A special mail ballot election, as provided in thissection, may be held in response to a determination under W.S.
22-16-122(a).
(b) 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 thesecretary of state, except that special mail ballot packets
shall be prepared as follows:(i) The election official shall mail to eachqualified 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 CORRECTIONREQUESTED," or any other similar statement which is inaccordance with United States postal service regulations.
Packets shall be mailed not sooner than twenty-one (21) days andnot later than fifteen (15) days before an election forelections held in accordance with W.S. 22-16-122. Packets shallbe mailed not sooner than forty-five (45) days and not later
than forty (40) days before an election for elections held inaccordance with W.S. 22-16-122(h) unless the court orderprovides otherwise;(ii)

The ballot shall contain the following warning:
WARNING

The criminal laws regulating the conduct of elections containedin chapter 26 of the Wyoming Election Code of 1973, as amended,
apply with equal force to elections by mail.

(iii) 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 theelection official's office for voters entitled to vote in theelection but whose address has changed or who did not receive
their ballot in the mail;(iv) A voter may obtain a replacement ballot if theballot was destroyed, spoiled, lost or for some other reason notreceived by the voter. In order to obtain a replacement ballot,
the voter shall sign a sworn statement specifying the reason forrequesting the replacement ballot. The statement shall bepresented to the election official no later than 7:00 p.m. onelection day. The election official shall keep a record of eachreplacement 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;(v) Upon receipt of a ballot, the voter shall markthe ballot, sign and complete the return-verification envelopeand 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 ofthe election official or the designated depository no later than
7:00 p.m. on election day;(vi) Once the ballot is returned, it shall not be
returned to the voter. The election official shall firstqualify the submitted ballot by examining the verificationenvelope and comparing the information on the envelope to thepoll list to determine whether the ballot was submitted by avoter who has not previously voted in the election. If theballot so qualifies and is otherwise valid, the official shallplace a number next to the voter's name in the poll book. The
election official shall then open and separate the ballot fromthe envelope and place the ballot in a ballot box so as to keep
the voter's ballot private;(vii) All deposited ballots shall be counted asprovided in this act and rules promulgated by the secretary ofstate. 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 wasissued 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;(viii) The election official shall provide a minimumof one (1) polling place on the day of election which may be theelection official's office and shall be open between the hoursof 7:00 a.m. and 7:00 p.m.
(c) If any special mail ballot packet mailed underparagraph (b)(i) of this section to a physical address, notincluding 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 alocation that a voter could inhabit, the county clerk shallremove the address from the registration records until thecounty clerk receives proof that the address is habitable by avoter.
CHAPTER 17 - CONTESTS
22-17-101.

Right to contest elections; exception; grounds.

(a) 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 ofstate legislator, United States president and vice-president andpresidential elector, on the following grounds:(i) Misconduct or material negligence of an election
official which affected the result of the election;(ii) The person whose election is contested is not
eligible to hold the office;(iii) The person whose election is contested offered
to give a bribe to a voter or election official to procure hiselection;(iv)
not counted;

Illegal votes were counted or legal votes were(v) The person whose election is contested violated
the provisions of W. S. 22-26-101 through 22-26-121.
22-17-102.

Commencement by verified petition; contents.

(a) Election contests for all primary election offices andall general election offices other than state legislators,
United States president and vice-president and presidential
elector, may be commenced by the contestant filing with theclerk 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:(i) 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;(ii)
contested;

The name of the person whose election is being(iii)

The office;(iv)

The grounds for the contest.

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.
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 theparty 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.
22-17-105.
action.

Ballot propositions contestable; nature of

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 orother political subdivision filed in the district court of thecounty not later than fifteen (15) days after the results of theelection have been certified by the canvassing board. A ballot
proposition contest is a civil action.
22-17-106.

Grounds for contesting ballot propositions.

(a) A ballot proposition may be contested for any of thefollowing reasons:(i) Misconduct or material negligence of an election
official which affected the result of the election;(ii)

The election result was influenced by a bribe;(iii)
not counted.

Illegal votes were counted or legal votes were

22-17-107.

Defense of contested ballot proposition.

(a) A contested ballot proposition shall be defended by
the following officers:(i)Statewide proposition-attorney general;(ii)Countywide proposition-county attorney;(iii)

Municipal proposition - municipal attorney;(iv) School or community college district or otherspecial district proposition-the appropriate school board,
community college board or special district governing body.
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 theresult 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 bedeclared null and void and a vacancy will be declared to exist.
For offices to be filled by more than one (1) candidate, theelection shall not be declared null and void but the qualified

candidates receiving the highest number of legal votes shall bedeclared elected.
22-17-109.
generally.

Contesting election of state legislator;

The election of a member of the state legislature may becontested by a registered elector of the legislator's county or
district, upon any of the grounds specified by law for thecontest of the election of other elected officials. The state
senate and house of representatives respectively shall hear anddetermine contests of the election of their members. Each house
is authorized to provide its own rules for resolving contests of
its members.
22-17-110.
commencement.

Contesting election of state legislator;

A contest of the election of a member of the state legislatureshall 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 tocontest setting forth the grounds for the contest. A copy ofthat notice must be filed by the contestant with the secretaryof state within thirty (30) days after the contested member's
election has been certified by the state canvassing board.
22-17-111.
of depositions.

Contesting election of state legislator; taking

In a contest of the election of a member of the statelegislature, depositions may be taken by either party after
service of the notice of intent to contest. Depositions shall betaken 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.
22-17-112. Contesting election of state legislator;
handling of depositions by secretary of state; additional
depositions.
(a) A copy of a notice to take a deposition with proof ofservice, and the deposition, shall be sealed and mailed to thesecretary of state by the person requesting the deposition withan endorsement showing the names of the contesting parties, thelegislative 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 thelegislature to which the contest relates on the first day of its
session.
(b) Each house of the legislature may take additional
depositions and subpoena and examine witnesses.
22-17-113. Contesting election of state legislator;
legislative determination final.
A determination by either house of the legislature of the resultof an election contest affecting one (1) of its members is final
and conclusive and is not subject to judicial review.
22-17-114. Contesting election of president, vicepresident 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 underjoint rules of the house of representatives and senate. Such acontest may be initiated by a Wyoming elector by filing noticewith the legislature through the legislative service office nolater than five (5) days after the election is certified by thestate 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 andconclusive and is not subject to judicial review.
CHAPTER 18 - VACANCIES
22-18-101.

When deemed to occur.

(a) A vacancy shall occur in an elective office if during
his term the incumbent either:
(i)

Dies;

(ii)

Resigns;(iii) Is determined by a court having jurisdiction to
be mentally incompetent;(iv) Is disqualified from holding office for any
reason specified by law;

(v) Is convicted of a felony or constituting a breachof his oath of office;(vi) Refuses to take the oath of office or to give or
renew an official bond if required by law; or(vii)

Has his election voided by court decision.

(b) 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.
(c) A vacancy exists in an elective office and shall befilled 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 thetaking of the oath for that office, the person:(i)Dies; or(ii) 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 theoath of office.
(d) If a person who has died is elected, a vacancy inoffice shall occur and the office shall be filled in the samemanner as it is filled when a vacancy occurs after the term ofoffice has begun.
(e) This section shall not apply to mayors and council
members who are subject to the provisions of W.S. 15-1-107.
(f) In addition to subsections (a) through (c) of thissection, a vacancy shall occur:(i) In the office of a member of the statelegislature when the person fails to reside in the legislative
district from which he is elected;(ii) 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 iselected.
22-18-102.

Determination of existence.

The officer or governmental body having the power to fill avacancy in the office shall determine whether a vacancy exists
in the office.
22-18-103.

Filling vacancy of congressman; generally.

A vacancy in the office of representative in congress shall befilled for the unexpired term at a special election called forthe purpose by the governor, provided the vacancy does not occur
within six (6) months of the next general election.
22-18-104.

Filling vacancy of congressman; procedure.

The governor shall call such special election by issuing a writof election to the county clerk of each county voting for theoffice and to the secretary of state. The writ shall specify the
day of the election.
22-18-105. Filling vacancy of congressman; whether filled
at general or special election.
If the vacancy in the office of representative in congressoccurs 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 theeighty-ninth day after the vacancy occurs, unless that Tuesday
falls on a full legal holiday in which case the election shalloccur on the next Tuesday which is not a full legal holiday.
The governor shall declare the vacancy and issue the writ ofelection within five (5) days after the vacancy occurs.
22-18-106. Filling vacancy of congressman; nominations bystate central committees; independent candidates.
An elector qualified to hold the office of representative incongress shall be nominated by the state central committee ofthe respective parties to fill a vacancy for the unexpired termof that office. Nominations from such parties shall be filedwith 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 thesecretary of state within seven (7) days after the vacancy is
officially declared.
22-18-107.
of candidates.

Filling vacancy of congressman; certification

Within five (5) days after the end of the candidate filing
period, the secretary of state shall certify to the clerks ofcounties voting to fill the vacancy the name of each candidate
qualified to appear on the ballot, and his party affiliation or
independent status.
22-18-108.
requirements.

Filling vacancy of congressman; party

A candidate for the unexpired term of the office ofrepresentative in congress may seek election only as a candidateof the political party in which he was registered on the datethe vacancy occurred. A candidate for the unexpired term ofoffice of representative in congress who was not registered witha party on the date the vacancy occurred may run only as anindependent.
22-18-109.
ballot.

Conduct of special election; preparation of

A special election to fill a vacancy shall be conducted by thecounty clerk as nearly as possible in the manner of a generalelection. The county clerk shall have twelve (12) days toprepare the special election ballot after the secretary ofstate'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.
22-18-110.
judges.

Supreme court justices and district court

A vacancy in the office of justice of the supreme court or judgeof any district court shall be filled by a qualified person
appointed by the governor under section 4, of article 5 of theconstitution of Wyoming.
22-18-111.
appointments.

Vacancies in other offices; temporary(a) Any vacancy in any other elective office in the state
except representative in congress or the board of trustees of aschool or community college district, shall be filled by thegoverning body, or as otherwise provided in this section, by
appointment of a temporary successor. The person appointed shallserve until a successor for the remainder of the unexpired term
is elected at the next general election and takes office on thefirst 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:(i) If a vacancy occurs in the office of UnitedStates senator or in any state office other than the governor,
member of the state legislature, the office of justice of thesupreme court and the office of district court judge, thegovernor shall immediately notify in writing the chairman of thestate 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 notelected to office. The chairman shall call a meeting of thestate central committee to be held not later than fifteen (15)days after he receives notice of the vacancy. At the meetingthe state central committee shall select and transmit to thegovernor the names of three (3) persons qualified to hold theoffice. 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 shallnotify 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 tohold the office who do not belong to a party may, within fifteen(15) days after publication of the vacancy in office, submit apetition 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 theoffice, the governor shall fill the vacancy by temporary
appointment to the office, from the names submitted or fromthose petitioning for appointment;(ii) 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 shallimmediately 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 notelected to office. The chairman shall call a meeting of thecounty central committee to be held not later than fifteen (15)days after he receives notice of the vacancy. At the meetingthe county central committee shall select and transmit to theboard 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 timeof his election, or at the time of his appointment if notelected to office, the county commissioners shall publish in a
newspaper of general circulation in the county, notice thatwithin 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. Withintwenty (20) days after the publication of the vacancy in officethe county commissioners shall fill the vacancy by appointmentof one (1) person qualified to hold the office from thosesubmitting applications;(iii) If a vacancy occurs in the office of a memberof the state legislature:(A) For vacancies other than resignations, theboard of county commissioners of the county or counties in which
the vacancy occurs shall immediately notify in writing thechairman of the state central committee of the political party
which the former incumbent represented at the time of hiselection under W.S. 22-6-120(a)(vii), or at the time of his
appointment if not elected to office. For resignations, thegovernor shall notify the appropriate state central committee orthe 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 thepolitical party of the former incumbent shall notify theprecinct committeemen and committeewomen for that party for eachprecinct within the legislative district which is vacant andarrange a meeting of those precinct committeemen andcommitteewomen 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 atleast 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 andcommitteewomen elected at the immediate past primary election
and those selected by appointment prior to December 2 of theyear in which the election occurred for vacant positions, shallbe authorized to vote under this subparagraph. The meetingshall 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 thissubparagraph;(B) The state central committee of the politicalparty of the former incumbent shall submit the list selectedunder 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 holdthe office;(C) 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 proceedin accordance with the provisions of this subparagraph. The
county commissioners shall publish in a newspaper of generalcirculation 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 forappointment 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;(D) If the legislative district is in more thanone (1) county, the vacancy shall be filled by the combined voteof 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 inaccordance with this subparagraph.

(iv) A vacancy in the office of any hospital district
trustee or in any other special district office shall be filledby temporary appointment by the governing body of the hospitalor special district, both subject to chapter 29 of this title;(v) A vacancy in a municipal office shall be filled
as provided by W.S. 15-1-107;(vi) 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 isqualified to hold the office may file a petition with the clerkof the district court of the county or legislative district inwhich the vacancy occurred requesting the judge of the district
court to fill the vacancy. Within thirty (30) days after thepetition 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 notelected to office, who is qualified to hold the office. If theincumbent did not represent any political party at the time ofhis election or at the time of his appointment if not elected to
office, the judge may appoint any person residing in the countyor legislative district who is qualified to hold the office tofill the vacancy.
(b) The trustees of a school or community college district
shall fill a vacancy in office by temporary appointment in amanner 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 aschool or community college district is depleted, the board ofcounty commissioners of the county or counties involved, withinten (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 theunexpired term, and each appointee shall serve until his
successor is elected and qualified. Each appointee shall be aresident of the trustee residence area, or election subdistrict,
if any, previously represented.
(c)

For purposes of this section:

(i) A person shall be considered to represent a
political party if he was a nominee of that political party whenelected to office or when appointed to fill a vacancy in office;(ii) "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 theperson's appointment to the public office.
22-18-112.

Certificate of appointment.

The officer or governmental body filling a vacancy by temporary
appointment shall issue a "Certificate of Appointment" to theperson filling the vacancy. The certificate shall be lawfulauthority to hold the office.
CHAPTER 19 - PRESIDENTIAL ELECTORS
22-19-101.

When elected; number.

At a general election for president and vice-president of theUnited States, electors for president and vice-president of theUnited States shall be elected equal in number to senators andrepresentatives in congress allotted to the state of Wyoming.
22-19-102.

Nomination.

(a) In a general election year, the state convention of apolitical party nominating candidates for president and vicepresident 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 notlater than thirty (30) days following termination of the state
convention.
(b) Independent candidates for president shall file thecandidate’s nominees for presidential electors not less thanseventy (70) days prior to the general election. The nominees
shall be qualified electors.
22-19-103.

Crediting of votes.

The number of votes received by presidential and vicepresidential candidates is the number of votes credited to theirelectors.

22-19-104.

Certificate of election; directive.

Immediately upon filing of the certificate of the state
canvassing board stating the result of the election, thegovernor 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 ofpresidential election years.
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 thestate 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 thevacancy to the secretary of state.
22-19-106.

Certified electors to meet; vacancies.

Certified electors shall convene in the office of the secretaryof 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 nonattendanceshall be filled and certified by a majority of electors present.
22-19-107.

College of electors; duties.

When all electors are present and vacancies filled they shallconstitute the college of electors of the state of Wyoming andshall perform duties as required by the constitution and laws of
the United States.
22-19-108.

How electors to vote.

All Wyoming electors shall vote for the candidates for theoffice of president and vice-president receiving the highest
number of votes in the Wyoming general election.
22-19-109.

Compensation and mileage.

An elector shall receive fifty dollars ($50.00) compensation andmileage at the present rate for state employees.
CHAPTER 20 - CONSTITUTIONAL AMENDMENTS

ARTICLE 1 - AMENDMENTS TO WYOMING CONSTITUTION
22-20-101.
constitution.

Ratification of proposed amendment or new

A proposed amendment to the constitution of the state of Wyoming
submitted by a two-thirds vote of each of the houses of thestate legislature or a proposed new constitution submitted by aconstitutional convention may be ratified by a majority of theelectors voting at the next general election. Voting on a
proposed amendment or new constitution shall be regulated bygeneral election laws.
22-20-102. Transmittal to secretary of state; numberingand endorsement; ballot statement.
(a) A proposed amendment shall be transmitted to theoffice of the secretary of state by the house in which it
originates or by a constitutional convention. The secretary ofstate 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 thisstatement, it shall be adopted by the secretary of state.
(b) The letter and statement endorsed on a proposed
amendment are part of the amendment for purposes of reference insubmitting the amendment to the electors and shall constitutethe ballot statement of the amendment.
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 toeach county clerk not less than sixty (60) days prior to theelection at which the proposed amendment is submitted to theelectors. The county clerk shall immediately post in his officethe 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.
22-20-104. Publication by secretary of state; supplemental
publication by clerk.

(a) 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 ofgeneral 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 ofgeneral circulation in each county.
(b) The clerk may supplement publication thereof by radioor television broadcasts or both. The broadcasts shall identify
the proposed amendment or other question, by letter andstatement of purpose as prescribed by law, and shall state thename of the newspaper in which the published notice will appear
and the date on which it will appear.
22-20-105.

Pamphlet.

The secretary of state shall print a reasonable number ofpamphlets containing every proposed amendment and provide a copyof the pamphlet upon request to any person or organization.
22-20-106.

Publication expense.

The expense of publication of notice of proposed amendments andvoter pamphlets shall be paid out of the general fund of thestate.
22-20-107.

Statement of purpose on ballot.

The county clerk shall print on the official nonpartisan generalelection ballot for the next general election the statement of
purpose of each proposed amendment certified to him by thesecretary of state.
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.
22-20-109.

Publication in session laws.

Each constitutional amendment proposed by the legislature, andif 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.
ARTICLE 2 - AMENDMENTS TO THE CONSTITUTION
OF THE UNITED STATES
22-20-201. Proclamation of governor calling state
ratifying convention.
(a) If the congress of the United States of America
proposes any question of repealing, amending or altering theconstitution of the United States of America, or any part
thereof, to be submitted to a ratifying convention of delegateschosen by the qualified electors of the state and does notprescribe the manner and method of calling, holding andconducting the convention and of canvassing the returns of thevotes of the delegates thereto and determining, declaring andpublishing the result of the vote of the delegates to theratifying convention on any question voted upon, for which theratifying convention is called, it is the duty of the governor
to make a public proclamation:(i)

Calling the state ratifying convention;(ii) Calling for the election of delegates to thestate ratifying convention;(iii) Specifying the place where and the time when
the ratifying convention shall be held;(iv) Specifying the number of delegates (who shall be
qualified electors) of which the ratifying convention shallconsist; and(v) Specifying the method and manner by and in which
delegates to the ratifying convention shall be elected.
22-20-202.
convention.

Election of delegates to state ratifying

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.
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 thedelegates chosen thereto select a chairman of the convention. It
is the duty of the chairman and secretary of the convention tocertify, 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.
22-20-204. Rules of practice for county conventions;convention ballots.
(a) The rules of practice, procedure and conduct of thebusiness of the several county conventions specified in W.S.
22-20-202 are those prescribed by "Robert's Rules ofParliamentary Procedure and Order".
(b) The vote on the selection of delegates to the state
ratifying convention shall be by written or printed ballot.
22-20-205.
conventions.

Determining apportionment of representation at

In the apportionment of representation in the county convention
and state ratifying convention, the last federal census is thebasis upon which the right to representation in the conventions
shall be determined.
22-20-206.
commissioners.

Board of commissioners to act as election

For the purpose of providing the necessary facilities andconveniences for conducting each of the meetings and conventions
provided for by this chapter, the board of county commissionersof 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 theUnited States of America.

22-20-207.

Costs and expenses to be borne by county.

All costs incurred in carrying out the provisions of thischapter in each county shall be borne and paid by the county inwhich the costs accrued.
22-20-208. Convening of state ratifying convention; costs
and expenses; certification of results.
(a) 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.
(b) The costs incidental to the holding of the state
ratifying convention shall be borne and paid by the state, as
appropriated by the legislature.
(c) 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 eachquestion submitted thereto. When the result of the vote of thedelegates to the state ratifying convention is certified to thesecretary of state, it is then the duty of the secretary ofstate to certify the result to the president and secretary ofstate of the United States, and to the president of the senate
and the speaker of the house of representatives of the congressof the United States.
22-20-209. Procedure when congress directs manner ofholding ratifying convention.
(a) If congress, either in the resolution submitting thequestion or by statute, prescribes the manner in which theratifying convention shall be constituted, the provisions of
this chapter are inoperative, and the ratifying convention shallbe constituted and shall operate as the resolution or act ofcongress 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 areauthorized 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.
(b) 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 inaccordance with W.S. 9-22-102.
CHAPTER 21 - BOND ELECTIONSARTICLE 1 - POLITICAL SUBDIVISIONS
22-21-101.

Political Subdivision Bond Election Law.

This chapter including W.S. 22-21-101 through 22-21-112, shallbe known as the "Political Subdivision Bond Election Law," andeach election required by law to authorize the issuance of bonds
shall be conducted under the provisions hereof, except thatstatewide bond elections shall be conducted as provided in W.S.
22-21-201.
22-21-102.
22-21-103.
contents.

Repealed By Laws 1998, ch. 100, § 5.
How bond question to be submitted to electors;

Each bond question shall be submitted to a vote of the qualified
electors of the political subdivision. Every bond election shallbe held on the same day as a primary election or a generalelection, 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 shallstate the purpose of the bonds, the maximum principal amountthereof, the maximum number of years allowed for theindebtedness 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.
22-21-104.
contents.

Publication or posting of election notice;

Between one hundred one (101) and ninety-one (91) days before abond election held in conjunction with a primary or other August
election and between ninety (90) and seventy (70) days before abond election held in conjunction with a May, general or otherNovember election, the county clerk shall publish notice of theelection 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 thepolitical subdivision, the date, time and place of election, thequestion or questions to be submitted, and the fact that only
qualified electors of the political subdivision may votethereon. If a bond election is being held within a politicalsubdivision at the same time and place as a regular or otherelection, the notice of bond election may, at the discretion of
the county clerk, be combined with and given in the same manneras the notice of the regular or other election in such politicalsubdivision.
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 andprecincts established for general or other elections.
22-21-106.

Errors.

No error in any election on the creation of an indebtedness
shall invalidate the election, unless it is determined that theerror would change the result.
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 anindebtedness upon filing in the district court of any county inwhich the political subdivision is wholly or partially located,within fourteen (14) days after the result of the election shallhave been determined, a petition alleging an error that wouldchange the result of the election, in like form as in othercases of contested elections in the district court. The
political subdivision shall be made defendant, and process shallbe served upon the clerk of the governing body or other chiefclerical 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.
22-21-108.

Who is entitled to vote.

Any qualified elector in the political subdivision shall beentitled to vote on the bond question in person or by absentee
ballot, for the precinct in which he is registered, as provided
by law.
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 formof the ballot, the duties of election officials, and otherreasonable regulations pertaining thereto. The politicalsubdivision holding the bond election shall pay the actual costsof the election or an equitably proportioned share of aconcurrent election, as determined by the county clerk.
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 thecount 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, theproposal shall be approved, and the governing body of thepolitical subdivision, in the manner provided by law, shall thenproceed 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 toissue bonds for the same general purpose shall not again besubmitted to election within a period of twelve (12) months oras otherwise provided by law.
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 nototherwise authorized by the laws specifically applicable to thepolitical subdivision in question.
22-21-112.

Effect on prior bond elections.

This act shall have no effect on any bond election heretofore
conducted, and any bonds authorized at such an election whichhave not been delivered may be sold and delivered as if this act
had not been adopted.
ARTICLE 2 - STATE

22-21-201.

State bond elections.

(a) 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.
(b) The proclamation of such an election shall be
published as provided in W.S. 22-2-109. No other notice of suchelection need be published.
(c) 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 thepolling place in such special elections, and additional judges
may be appointed if deemed necessary by the county clerk.
(d) The question submitted at such a bond election shallbe deemed adopted, if a majority of the electors voting thereon
approve the proposition.
CHAPTER 22 - SCHOOL ELECTIONSARTICLE 1 - GENERAL PROVISIONS
22-22-101.
elections.

Cost of school or community college district

The cost of a school or community college district election orequitably 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.
22-22-102.

Date of election of trustees; terms.

(a) The election of members of the board of trustees ofeach school district and community college district shall beheld at the regular polling places for each district on theTuesday next following the first Monday in November in generalelection years, except as otherwise provided by law. Terms ofoffice shall run for four (4) years beginning at 12:00 noon on
the first day in December following the election, except asotherwise provided by law.
(b)

Repealed by Laws 1985, ch. 204, § 2.

(c) Not more than a simple majority of members of theboard of trustees of each school district and each community
college district shall be elected at any election unless theelection is to fill an unexpired term. This subsection shallnot apply to the election of the initial board of a community
college district or the first regular election of a community
college district board.
22-22-103. Establishment of election dates by boards ofcounty commissioners.
For school or community college district elections set by boardsof 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 ofelectors of the district residing within that commissioner's
county. The population of electors shall be determined by themost recent voter registration lists.
ARTICLE 2 - NOMINATIONS
22-22-201.

Eligibility for office.

(a) A qualified elector resident in a school district iseligible to hold the office of school district trustee in theschool district, but only from the trustee residence area inwhich he resides if the district is divided into residence
areas.
(b) 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 heresides if the district is divided into subdistricts.
22-22-202.

Filing of application; form.

(a) A qualified elector may be nominated for the office ofschool district trustee or member of a community college board
by filing an application for election in the office of thecounty clerk not more than ninety (90) nor less than seventy(70) days prior to the election. The application shall be insubstantially 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 oftrustee 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(b)

Repealed by Laws 1983, ch. 80, § 2.

22-22-203. Determining validity of application; placement
on ballot; procedure for multi-county districts.
(a) The county clerk receiving a nomination application
shall determine whether the person seeking nomination is aqualified candidate. If the application is sufficient in all
respects, the name of the person nominated shall appear on theofficial ballot for the election specified in the application.
In the case of a school or community college district whichcrosses county boundaries, the clerk of the county in which avalid application is filed shall certify the name of the person
nominated to the clerk of the other county or counties involvedfor placement on the official ballot for the election specified
in the application.
(b) Each county clerk in each election involving a schoolor 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.
ARTICLE 3 - SCHOOL OR COMMUNITY COLLEGE
ELECTION PROCEDURE

22-22-301.

"District" defined.

As used in this article including W.S. 22-22-301 through22-22-308, inclusive, the term "district" refers to a community
college district board or a school district board of trustees.
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.
22-22-303.

Repealed By Laws 1998, ch. 100, § 5.

22-22-304.

Ballot information; format.

(a) The official ballot shall contain the following
information:(i) The name of the school district or community
college district;(ii)

The county or counties in which the district islocated;(iii) The number of offices to be filled, the lengthof term for each office, and the number and names of candidates
for each office for whom each voter is entitled to vote;(iv) In districts divided into trustee residence
areas or subdistricts, the trustee residence area or subdistrictof each candidate and the number to be elected from each trustee
residence area or subdistrict;(v)

Ballot propositions to be voted on at theelection.
(b)

Repealed By Laws 1998, ch. 100, § 5.

22-22-305.

Repealed By Laws 1998, ch. 100, § 5.

22-22-306.

Repealed By Laws 1998, ch. 100, § 5.

22-22-307.

Repealed By Laws 1998, ch. 100, § 5.

22-22-308.

Repealed By Laws 1998, ch. 100, § 5.
CHAPTER 23 - MUNICIPAL ELECTIONSARTICLE 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 ofthe election, or an equitably proportioned share of a concurrent
election as determined by the county clerk.
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).
22-23-103.

Division of city into wards; residency.

(a) A city may be divided into wards by ordinance of thegoverning body of the city. The wards shall be compact in form
and as nearly equal in population as possible.
(b) 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 cityward, unless he has been a resident of that ward for at leastone (1) year next preceding his election.
(c) 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 award if he:(i) Is a resident of the city on the date he files anapplication under W.S. 22-5-204 or a petition under W.S.
22-5-301; and(ii) Has been a resident of the city for at least one(1) year next preceding his election.
(d) 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 hetakes office.
(e) Following the redrawing of ward boundaries, acouncilman whose term of office does not expire following thenext general election shall continue to serve until thecompletion of his term.
22-23-104.

Repealed By Laws 1998, ch. 100, § 5.
ARTICLE 2 - CONCURRENT ELECTIONS

22-23-201.

Conduct; who may vote.

(a) Except as provided in W.S. 22-23-202 municipal primaryand general elections are held at the same time, in the samemanner, at the same polling places, and are conducted by thesame election officials, using the same poll lists, as thestatewide primary and general elections.
(b) Only voters residing in precincts within amunicipality may vote in its elections.
22-23-202. Optional mode of election for towns; proceduresby charter ordinance.
(a) 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 orfor municipal ballot propositions in the same manner asstatewide elections, in which case the charter ordinance shallat a minimum provide:(i)

The manner in which notice of elections shall begiven;(ii) The procedure by which candidates shall be
nominated for office, and by which vacancies in nomination are
to be filled;(iii) The date, time and place of the election whichshall be held on the Tuesday next following the first Monday inthe month of May every two (2) years;(iv) The manner in which precinct officials and acanvassing board shall be appointed;

(v)That the municipal clerk is responsible for:(A) Determining if a person seeking nomination
is a qualified candidate;(B) Preparing the ballots in substantially thesame form as the general election nonpartisan ballot;(C)

Designating polling places;(D)

Otherwise conducting the election.

(vi)
the election;

That the municipality shall bear the expense of(vii) The manner in which election results are
certified and persons receiving the highest number of votes arenotified.
(b) 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.
22-23-203.

Repealed By Laws 1998, ch. 100, § 5.

22-23-204.
propositions.

Certification and printing of ballot

A municipal ballot proposition to be voted on at a generalelection 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.
ARTICLE 3 - NOMINATIONS
22-23-301.

Municipal officers.

All candidates for municipal office shall be nominated at themunicipal 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 usedin 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 orother pension, death or disability program.
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, eachcandidate for a municipal office shall pay a nonrefundable
filing fee of twenty-five dollars ($25.00) and sign and filewith the municipal clerk an application in substantially thefollowing form:
State of Wyoming
)

)

ss

County of ....

)

I, ...., the undersigned, swear or affirm that I was born on...., ....(year), and that I have been a resident of the Stateof Wyoming since ...., residing at ...., and that I am aregistered 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 requestthat my name be printed upon the Official Municipal Primary
Ballot at the next primary election as a candidate for theoffice of ..... I hereby declare that if nominated and elected I
will qualify for the office.
Dated: ......
.............(Signature of Candidate)22-23-303.

Certification of candidates; names on ballots.

Not later than sixty-eight (68) days prior to the primaryelection, the municipal clerk shall certify to the county clerk
the names of all qualified candidates for nomination at themunicipal primary election and the office they seek. The numberof 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.
22-23-304.

Ballot form.

The county clerk shall prepare the municipal primary ballot asprovided in chapter 6 of this title for nonpartisan ballots.
22-23-305.

Repealed By Laws 1998, ch. 100, § 5.

22-23-306.

Repealed By Laws 1998, ch. 100, § 5.

22-23-307.
nomination.

Candidates nominated; certificate of(a) The candidates equal to twice the number to be electedto each office who receive the highest number of votes arenominated to run for the office at the next general election andshall 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.
(b) The chief election officer shall notify a write-incandidate 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 acceptedbusiness document delivery method evidenced by receipt ofdelivery or attempted delivery at the last known address of thewrite-in candidate or service as provided under the Wyoming
Rules of Civil Procedure. Failure of the successful write-incandidate to accept the nomination within five (5) days after
delivery, attempted delivery or service under the Wyoming Rulesof 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 candidatethat failure to timely respond will result in forfeiture of
nomination.
22-23-308.

Vacancies in nomination.

(a) A vacancy in nomination for a municipal office to be
filled at a general election occurs if:(i) 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;

(ii) After the primary election there are nonomination applications for the office of mayor or councilman.
(b) A vacancy in nomination shall be filled by themunicipal clerk notifying the person who received the next
highest number of votes at the municipal primary election asshown 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.
(c) Not less than sixty (60) days prior to the generalelection, 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 thegeneral election ballot.
ARTICLE 4 - GENERAL MUNICIPAL ELECTION
22-23-401.

Preparation of ballots; cost.

The county clerk shall prepare ballots which shall be insubstantially 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 allmunicipal 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 themunicipality.
22-23-402.

Repealed By Laws 1998, ch. 100, § 5.

22-23-403.

Repealed By Laws 1998, ch. 100, § 5.

22-23-404.

Commencement of term of office.

Except as otherwise provided by W.S. 22-23-202, the term ofoffice of a person elected at the municipal general electioncommences on the first Monday in January following the generalelection.
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.

ARTICLE 5 - OFFICES AND TERMS
22-23-501.

Renumbered as 15-11-101 By Laws 1998, ch. 100,

22-23-502.

Renumbered as 15-11-102 By Laws 1998, ch. 100,

22-23-503.

Renumbered as 15-11-103 By Laws 1998, ch. 100,

22-23-504.

Renumbered as 15-11-104 By Laws 1998, ch. 100,

22-23-505.

Renumbered as 15-11-105 By Laws 1998, ch. 100,

22-23-506.

Renumbered as 15-11-106 By Laws 1998, ch. 100,

22-23-507.

Repealed By Laws 1998, ch. 100, § 5.

§ 4.
§ 4.
§ 3.
§4.
§ 4.
§ 4.

ARTICLE 6 - TERMS OF OFFICE AFTER FIRSTELECTION
22-23-601.

Renumbered as 15-11-201 By Laws 1998, ch. 100,

22-23-602.

Renumbered as 15-11-202 By Laws 1998, ch. 100,

22-23-603.

Renumbered as 15-11-203 By Laws 1998, ch. 100,

22-23-604.

Renumbered as 15-11-204 By Laws 1998, ch. 100,

22-23-605.

Renumbered as 15-11-205 By Laws 1998, ch. 100,

§ 4.
§ 3.
§ 4.
§ 4.
§ 4.
ARTICLE 7 - CHANGING FORM OF GOVERNMENT
22-23-701.

Renumbered as 15-11-301 By Laws 1998, ch. 100,

22-23-702.

Renumbered as 15-11-302 By Laws 1998, ch. 100,

§ 4.
§ 4.

ARTICLE 8 - SPECIAL ELECTIONS
22-23-801.

"Special election" defined.

As used in this article, including W.S. 22-23-801 through22-23-809, the term "special election" means a municipal
election on any question which may legally be submitted to thevoters of a municipality other than at a regular municipal
primary or general election or an election on the question ofwhether to incorporate.
22-23-802.

Proclamation; supplementation of advertisement.

The date of a special election and the location of pollingplaces shall be proclaimed by the governing body of themunicipality not more than thirty (30) nor less than fifteen(15) days before the special election. The proclamation shallstate the purpose of the election and shall be published atleast twice in a newspaper of general circulation in themunicipality. The advertisement may be supplemented by thecounty or municipality as provided by W.S. 22-20-104(b).
22-23-803.

Polling places; election judges.

The governing body shall designate sufficient polling places topermit convenient voting and shall designate a sufficient numberof 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.
22-23-804.

Ballots.

The municipal clerk shall provide ballots for the special
election and shall deliver to each polling place ballots equalin number to the number of electors registered in the precinct
plus twenty-five percent (25%).
22-23-805.

Poll lists.

Precinct poll lists for the special election shall be obtainedby 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 eachpolling place during the special election.

22-23-806.
not on lists.

Entries in and delivery of pollbook; elector

The judges of election shall make the same entries in thepollbook as are required for statewide elections. Following theelection 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 bysigning 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.
22-23-807.

Vote count and certification.

After the polls are closed, the judges of election shall countthe vote and certify the result in writing to the municipal
clerk.
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 themayor to canvass the result of the special election. A tie voteshall be broken by lots cast by the governing body.
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 thecertification in the office of the municipal clerk. The
municipal clerk shall mail a copy of the proclamation to thecounty clerk.
ARTICLE 9 - SPECIAL ELECTIONS FOLLOWING INCORPORATION
22-23-901.

Election of officers; petition.

(a) In addition to other provisions of law, any newly
incorporated town may hold a special election for the electionof 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 primaryelection.
(b) 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 thepetitioners, shall set the date for the election and shallconduct the election in accordance with law.
22-23-902.

Application; filing fee; form; names on ballot.

(a) Candidates for office shall file an application forelection and the required filing fee, with the county clerk, notmore than fifty-five (55) nor less than thirty-five (35) days
prior to the election. The election application shall be insubstantially the following form:
ELECTION APPLICATIONState of Wyoming))County of ....

ss)

I, ...., being .... years of age, a qualified elector of
Election District No. ...., Precinct No. ...., Ward No. .... (ifapplicable), 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 ...., asa 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)(b) The county clerk shall place the name of eachqualified candidate on the special election ballot.
ARTICLE 10 - INITIATIVE AND REFERENDUM
22-23-1001.

Ordinance by initiative petition; content.

An incorporated city or town having a commission form ofgovernment 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 thepetition, 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.
22-23-1002.
certification.

Determining validity of petition;

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 shallimmediately certify it to the governing body of themunicipality.
22-23-1003.
electors.

Adoption by governing body or submission to

An ordinance proposed by a valid initiative petition shalleither be adopted within twenty (20) days by the governing bodyor submitted to a vote of the municipal electors at a special
election to be held not more than sixty (60) nor less thantwenty (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 theelection if for a general election.
22-23-1004.

Adoption by electors; repealing or amending.

(a) If a majority of the qualified electors voting on thequestion vote in favor of a proposed initiative ordinance, it isadopted and may not be repealed or amended except by a majority
vote of the qualified electors of the municipality.
(b) The municipal governing body may submit to a vote of
the people at a special election or a regular municipal, primaryor general election, the question of repealing or amending an
ordinance adopted by initiative petition.
22-23-1005.
referendum vote.

Ordinance adopted by governing body subject to

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 asprovided by law. To be counted the electors shall be registeredvoters when the completed petition is submitted forverification. The referendum petition shall set forth theordinance in full and shall contain the signatures and residence
addresses of persons signing the petition.
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 thegoverning body who shall suspend the ordinance.
22-23-1007. Partial repeal of ordinance subject toreferendum; acceptance or rejection by electors.
If the governing body does not entirely repeal an ordinancesubject to referendum, it shall submit the question to theelectors of the municipality in the same manner as an ordinanceproposed 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 thequestion do not favor rejection, the ordinance shall become
effective after the vote is canvassed.
CHAPTER 24 - INITIATIVE AND REFERENDUM
ARTICLE 1 - IN GENERAL
22-24-101.

Repealed by Laws 2015, ch. 6, § 2.

22-24-102.

Repealed by Laws 2015, ch. 6, § 2.

22-24-103.

Repealed by Laws 2015, ch. 6, § 2.

22-24-104.

Repealed by Laws 2015, ch. 6, § 2.

22-24-105.

Repealed by Laws 2015, ch. 6, § 2.

22-24-106.

Repealed by Laws 2015, ch. 6, § 2.

22-24-107.

Repealed by Laws 2015, ch. 6, § 2.

22-24-108.

Repealed by Laws 2015, ch. 6, § 2.

22-24-109.

Repealed by Laws 2015, ch. 6, § 2.

22-24-110.

Repealed by Laws 2015, ch. 6, § 2.

22-24-111.

Repealed by Laws 2015, ch. 6, § 2.

22-24-112.

Repealed by Laws 2015, ch. 6, § 2.

22-24-113.

Repealed by Laws 2015, ch. 6, § 2.

22-24-114.

Repealed by Laws 2015, ch. 6, § 2.

22-24-115.

Repealed by Laws 2015, ch. 6, § 2.

22-24-116.

Repealed by Laws 2015, ch. 6, § 2.

22-24-117.

Repealed by Laws 2015, ch. 6, § 2.

22-24-118.

Repealed by Laws 2015, ch. 6, § 2.

22-24-119.

Repealed by Laws 2015, ch. 6, § 2.

22-24-120.

Repealed by Laws 2015, ch. 6, § 2.

22-24-121.

Repealed by Laws 2015, ch. 6, § 2.

22-24-122.

Repealed by Laws 2015, ch. 6, § 2.

22-24-123.

Repealed by Laws 2015, ch. 6, § 2.

22-24-124.

Repealed by Laws 2015, ch. 6, § 2.

22-24-125.

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.

(a) 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 thelegislature of the state of Wyoming, which is or was the subject

of a statewide initiative or referendum within the past four (4)years, shall:(i) File a statement of formation listing the names
and addresses of its chairman and treasurer with the secretaryof state within ten (10) days after formation and prior to the
publication, dissemination or broadcast of any paid advertisingfrom the group;(ii) File with the secretary of state a statement ofcontributions and expenditures setting forth the full andcomplete record of contributions including cash, goods orservices and actual and promised expenditures, on a form
prescribed by the secretary of state, on the last Friday inDecember 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) daysof the first day of the month for the previous month;(iii) 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) fromany source or sources other than an individual, the report shall
include a full and complete disclosure of the funding source orsources of any nonindividual contributor which funded theadvertising.
(b) Any group formed under this section shall file atermination report within thirty (30) days after it ceases theregulated activity but cessation of activity shall not relieve
the group of the reporting requirement for that filing period.
(c) No group subject to this section shall pay foradvertising in any communication media or printed literature
without full disclosure of the name of the group.
(d) Nothing in this section shall require an individual orindividuals who pay for advertising or literature to support,
oppose or otherwise influence legislation to file under thissection, provided the name of the individual or individuals isfully disclosed in the advertising or literature.
(e)

As used in this section:

(i) "Communication media" means advertising on
television, radio, in print media, on billboards and otherelectronic media;(ii) "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.
(f) Any person who willfully and knowingly violates any ofthe provisions of this section is guilty of a misdemeanor
punishable as provided by W.S. 22-26-112.
ARTICLE 3 - INITIATIVE
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 thejurisdiction of courts or prescribe their rules, enact local or
special legislation, enact anything prohibited by theconstitution for enactment by the legislature, or enact anythingthat is substantially the same as that defeated by an initiativeelection within five (5) years preceding the time of filing of
the petition.
22-24-302.

Application; filing and fee.

An initiative shall be proposed by filing an application withthe secretary of state. A fee of one thousand dollars($1,000.00) shall accompany the application. This fee shall bedeposited in the general fund.
22-24-303.

Application; contents.

(a) The application shall be on a form prescribed by thesecretary of state and shall include:(i)

The proposed bill to be initiated;(ii) The designation of a committee of three (3)applicants who shall represent all sponsors and subscribers inmatters relating to the initiative; and(iii) A statement that the committee of applicants
are qualified registered voters who signed the application withthe proposed bill attached.
22-24-304.

Requirements as to proposed bill.

(a) 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 itenacted by the people of the state of Wyoming:" and the billshall not include subjects restricted by W.S. 22-24-301.
(b) In an initiative, concurrently with the filing of theapplication, the proposed bill shall be submitted by thecommittee of applicants to the secretary of state for review andcomment. The proposed bill shall be in the format required forbills by W.S. 8-1-105. If the secretary of state determinesthat the proposed bill is not in the format required, he shallprovide the committee of applicants a copy of W.S. 8-1-105 andan example bill meeting the format, and shall request thecommittee 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 inreviewing 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, thesecretary shall render to the committee of applicants comments
on any problems encountered concerning the format or contents ofthe proposed bill. If the legislature is in session at the time
the conference would otherwise be required to be held, then theconference 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, atsuch time as the application is certified, the comments shallbecome a public record. After the conference but before
certification the committee of applicants may amend the proposedbill in response to some or all of the comments of the secretaryof state and resubmit the proposed bill in accordance with thissubsection, or they may disregard the comments entirely. The
committee of applicants shall notify the secretary of state inwriting within five (5) calendar days after the conference
whether the proposed bill will be amended. If the proposed billis to be amended it shall be resubmitted for review and commentin accordance with this subsection. At any time the committee ofapplicants chooses not to amend or further amend a proposed
bill, the committee of applicants may submit the proposed billto the secretary of state for certification.

(c) No later than thirty (30) days after a proposed billis 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 theapplication 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 theconference during a legislative session.
(d) The legislative service office shall provide thesecretary of state's office with a template of the format
required for bills by W.S. 8-1-105. The secretary of stateshall make the template available to the public in an electronic
format on the official secretary of state website.
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 ofthe committee in person, by mail, or electronically, addressed
to a committee member at the address indicated on theapplication.
22-24-306.

Sponsors and circulators.

(a) 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 thenames, 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.
(b) The committee of applicants shall file contribution
and expenditure reports as required by W.S. 22-25-106.
22-24-307.
certification.

Review by secretary of state; conditional

Within seven (7) calendar days after receiving a final proposed
bill, the secretary of state shall review the proposed bill andits associated application and shall either conditionallycertify it, pending submission of the qualified signatures
required by W.S. 22-24-304(c), or notify the committee ofapplicants in writing of the grounds for denial.
22-24-308.
application.

Grounds for denying certification of initiative(a) The secretary of state shall deny final certificationof an initiative application if he determines that:(i) The proposed bill to be initiated is not in therequired form, including the requirements of W.S. 8-1-105;(ii)

The application is not in the required form;(iii) The committee of applicants failed to submit asufficient number of qualified registered voters as sponsors
within thirty (30) days after submitting its final proposed bill
and application for certification; or(iv) The proposed bill was not submitted for review
and comment in accordance with W.S. 22-24-304.
22-24-309.

Fiscal impact.

(a) Upon the certification or conditional certification of
any initiative application, if in the opinion of the secretaryof state the proposed bill will have a fiscal impact on thestate, the secretary of state shall prepare an estimate andexplanation 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 uponpolitical subdivisions. Upon request of the secretary of state,
any agency in the executive department shall render assistancein preparing the estimate and explanation of fiscal impact.
(b) No later than fourteen (14) days after final
certification of an initiative application, the secretary ofstate shall render to the committee of applicants its fiscal
impact estimate and explanation. If the committee believes thatthe secretary of state's estimate is inaccurate, within fourteen(14) days after receiving the secretary of state's estimate andexplanation, the committee of applicants may submit to thesecretary 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 thesecretary of state and the final estimated fiscal impact by thecommittee of applicants differ by more than twenty-five thousand
dollars ($25,000.00), the secretary of state's comments underthe ballot proposition shall contain an estimated range offiscal impact reflecting both estimates.
22-24-310.

Petitions; generally.

(a) Upon final certification of an initiative applicationand the finalization of any fiscal estimate pursuant to W.S.
22-24-309, the secretary of state shall prescribe the form ofand prepare petitions containing:(i)A copy of the proposed bill;(ii)

An impartial summary of the subject matter of(iii)

The warning required by W.S. 22-24-311;

the bill;(iv)
and addresses;

Sufficient space for printed names, signatures(v) If a circulator will be paid to solicit
signatures on a petition, each signature page circulated by thatcirculator shall contain, in twelve (12) point or larger black
boldface type, the following statement: "This circulator isbeing paid to solicit signatures for this ballot proposition."
The statement shall be prominently displayed and made visible tothe petition signer by the circulator; and(vi) Other specifications necessary to assure proper
handling and control.
(b) Pursuant to rules adopted by the secretary of state,
petitions, for purposes of circulation, shall be prepared by thesecretary of state at the sponsor's expense. Petitions shall be
printed in a number reasonably calculated to allow fullcirculation throughout the state. A paid circulator shallsolicit signatures on a petition only if each signature pagecirculated by that circulator contains the statement required
under paragraph (a)(v) of this section.

(c) The secretary of state shall number each petition andshall keep a record of the petitions.
(d) Upon request of the committee of applicants, thesecretary of state shall report the number of persons who voted
in the preceding general election.
(e) 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 togather signatures as required by paragraph (a)(v) of thissection.
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 heis not a qualified registered voter, upon conviction, ispunishable by a fine of not more than one thousand dollars($1,000.00) or by imprisonment for not more than one (1) year orboth.
22-24-312.

Petitions; circulation; contests.

(a) 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.
(b) Any person may contest the qualifications of anindividual 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.
(c) Any party prevailing in any action filed pursuant tosubsection (b) of this section may be awarded costs andreasonable attorney's fees by the court. The court shall notify
the secretary of state of its findings as to the qualificationsof a circulator within five (5) days of the determination.
22-24-313.

Petitions; subscribing to and withdrawing name.

Any qualified registered voter may subscribe to the petition bysigning 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.
22-24-314.

Petitions; verification.

(a) 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:(i) The person signing the affidavit is a sponsor oran individual designated and qualified in accordance with W.S.
22-24-306 and is the only circulator of that petition;(ii)
presence; andThe signatures on the petition were made in his(iii) To the best of his knowledge, such signatures
are those of the persons whose names they purport to be.
(b) In determining the sufficiency of the petition, thesecretary of state shall not:(i)Count signatures on petitions not properly

verified;(ii) Count signatures on a petition circulated by anindividual who has been determined not to be a qualified
circulator pursuant to W.S. 22-24-312 or by the secretary ofstate in accordance with rules of his office.
22-24-315.

Petitions; filing by sponsors.

(a) 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.
(b) Petitions for an initiative shall be submitted to thesecretary 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.
22-24-316.

Petitions; review by secretary of state.

(a) Within not more than sixty (60) days of the date all
petitions are filed, the secretary of state shall review thepetitions 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:(i) There is an insufficient total number ofsignatures of qualified registered voters; or(ii) There is an insufficient number of signatures ofqualified registered voters in at least two-thirds (2/3) of thecounties of the state.
22-24-317.

Ballot proposition; preparation and contents.

(a) If a sufficient number of qualified petitions are
filed, the secretary of state, with the assistance of theattorney 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 shallmake provision for approval and for disapproval thereof.
(b) When any proposal relating to the investment of thepermanent 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 orgain by the state treasurer and the final estimated loss or gainby the committee of sponsors of the ballot proposition differ bymore than twenty-five thousand dollars ($25,000.00), the ballot
statement shall contain the range of estimated loss or gainreflecting both estimates.
22-24-318. Ballot proposition; procedure for placing on
ballot; publication requirements.
(a) Except as required under subsection (b) of thissection, the same procedure for placing constitutional amendment
questions on the ballot shall be used to place the initiative
ballot proposition on the ballot.
(b) The ballot proposition for an initiative shall be
published by the secretary of state in a newspaper of generalcirculation in the state in the newspaper edition immediately
preceding the general election. Publication under thissubsection shall contain the text of the initiative ballot andshall identify both a physical location and a web site address
or other electronic location where the entire text of theinitiative can be viewed.
22-24-319.

Ballot proposition; when placed on ballot.

(a) The ballot proposition for an initiative shall beplaced on the election ballot of the first statewide generalelection that is held after:(i)

A sufficient number of qualified petitions werefiled;(ii)
adjourned; andA legislative session has convened and(iii) A period of one hundred twenty (120) days has
expired since the adjournment of the legislative session. If theattorney general determines that an act of the legislatureenacted 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 thesecretary of state shall so notify the committee of applicants.
22-24-320.

Insufficiency of application or petition.

An initiative submitted to the voters shall not be void becauseof the insufficiency of the application or petitions by which
the submission was procured.
22-24-321.

Action for review of determination.

Any person aggrieved by any determination made under thisarticle, by the secretary of state or by the attorney general,
may bring an action in the district court of Laramie county tohave the determination reviewed by filing application within
thirty (30) days of the date on which notice of thedetermination was given.
22-24-322.

Penalties.

(a) Any person who signs a name other than his own on apetition for initiative, or who knowingly signs his name morethan once for the same proposition at one (1) election, uponconviction, shall be fined not more than one thousand dollars

($1,000.00) or imprisoned for not more than one (1) year, or
both.
(b) 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 toW.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.
22-24-323. Petitions; payment for signatures;
misrepresentation of petition; prohibition; penalty.
(a) A circulator of an initiative petition or a person who
causes the circulation of an initiative petition may not pay oroffer to pay any compensation to another person for that
person's signature on the initiative petition.
(b) A circulator of an initiative petition or a person who
causes the circulation of an initiative petition shall notcollect 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 thepenalty imposed under W.S. 22-24-322(a).
ARTICLE 4 - REFERENDUM
22-24-401.

Right of referendum; limitations.

The people may approve or reject acts of the legislature by thereferendum. 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 preservationof the public peace, health or safety.
22-24-402.

Application; filing and fee.

A referendum shall be proposed by filing an application with thesecretary of state. A fee of one thousand dollars ($1,000.00)
shall accompany the application. This fee shall be deposited in
the general fund.
22-24-403.

Application; contents.

(a) The application shall be on a form prescribed by thesecretary of state and shall include:(i)

The act to be referred;(ii) The designation of a committee of three (3)applicants who shall represent all sponsors and subscribers inmatters relating to the referendum;(iii) The signatures and addresses of not less than
one hundred (100) sponsors who shall be qualified registeredvoters; and(iv) A statement that the committee of applicants are
qualified registered voters who signed the application with theproposed act attached.
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 ofthe committee in person, by mail or electronically addressed to
a committee member at the address indicated on the application.
22-24-405.

Sponsors and circulators.

(a) 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 ofapplicants, to the secretary of state verifying under oath thenames, 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.
(b) The committee of applicants shall file receipt andexpenditure reports as required by W.S. 22-25-106.
22-24-406. Grounds for denying certification of initiativeor referendum application.
(a) The secretary of state shall deny certification of areferendum application if he determines that:

(i) The committee of applicants failed to submit asufficient number of qualified registered voters as sponsors;(ii) The application is not substantially in therequired form; or(iii) More than ninety (90) days have expired since
the adjournment of the legislative session at which the act
being referred was passed.
22-24-407.

Petitions; generally.

(a) If the application is certified, the secretary ofstate shall prescribe the form of and prepare petitions
containing:(i)A copy of the act to be referred;(ii) An impartial summary of the subject matter of
the act to be referred;
(iii)
(iv)
and addresses;

The warning required by W.S. 22-24-408;
Sufficient space for printed names, signatures(v) If a circulator will be paid to solicit
signatures on a petition, each signature page circulated by thatcirculator shall contain, in twelve (12) point or larger black
boldface type, the following statement: "This circulator isbeing paid to solicit signatures for this ballot proposition."
The statement shall be prominently displayed and made visible tothe petition signer by the circulator; and(vi) Other specifications necessary to assure proper
handling and control.
(b) Pursuant to rules adopted by the secretary of state,
petitions, for purposes of circulation, shall be prepared by thesecretary of state at the sponsor's expense. Petitions shall be
printed in a number reasonably calculated to allow fullcirculation throughout the state. A paid circulator shallsolicit signatures on a petition only if each signature pagecirculated by that circulator contains the statement required
under paragraph (a)(v) of this section.

(c) The secretary of state shall number each petition andshall keep a record of the petitions.
(d) Upon request of the committee of applicants, thesecretary of state shall report the number of persons who voted
in the preceding general election.
(e) 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 togather signatures as required by paragraph (a)(v) of thissection.
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 heis not a qualified registered voter, upon conviction, ispunishable 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.
22-24-409.

Petitions; circulation; contests.

(a) 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.
(b) Any person may contest the qualifications of anindividual 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.
(c) Any party prevailing in any action filed pursuant tosubsection (b) of this section may be awarded costs andreasonable attorney's fees by the court. The court shall notify
the secretary of state of its findings as to the qualificationsof a circulator within five (5) days of the determination.
22-24-410.

Petitions; subscribing to and withdrawing name.

Any qualified registered voter may subscribe to the petition bysigning his name and listing his address. A person who hassigned 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.
22-24-411.

Petitions; verification.

(a) 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:(i) The person signing the affidavit is a sponsor oran individual designated and qualified in accordance with W.S.
22-24-405 and is the only circulator of that petition;(ii)
presence; andThe signatures on the petition were made in his(iii) To the best of his knowledge, such signatures
are those of the persons whose names they purport to be.
(b) In determining the sufficiency of the petition, thesecretary of state shall not:(i)Count signatures on petitions not properly

verified;(ii) Count signatures on a petition circulated by anindividual who has been determined not to be a qualified
circulator pursuant to W.S. 22-24-409 or by the secretary ofstate in accordance with rules of his office.
22-24-412.

Petitions; filing by sponsors.

Petitions may be filed with the secretary of state if signed bya sufficient number of qualified registered voters as requiredby 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.
22-24-413.

Petitions; review by secretary of state.

(a) Within not more than sixty (60) days of the date all
petitions are filed, the secretary of state shall review thepetitions 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:

(i) There is an insufficient total number ofsignatures of qualified registered voters;(ii) There is an insufficient number of signatures ofqualified registered voters in at least two-thirds (2/3) of thecounties of the state; or(iii) The petitions for referendum were not filed
within ninety (90) days after the adjournment of the legislative
session at which the act was passed.
22-24-414.

Ballot proposition; preparation and contents.

If a sufficient number of qualified petitions are filed, thesecretary of state, with the assistance of the attorney general,shall prepare a ballot proposition. The ballot proposition shallgive a true and impartial summary of the referred act and shallmake provision for approval and for disapproval thereof.
22-24-415. Ballot proposition; procedure for placing on
ballot; publication requirements.
(a) Except as required under subsection (b) of thissection, the same procedure for placing constitutional amendment
questions on the ballot shall be used to place the referendum
ballot proposition on the ballot.
(b) The ballot proposition for a referendum shall be
published by the secretary of state in a newspaper of generalcirculation in the state in the newspaper edition immediately
preceding the general election. Publication under thissubsection shall contain the text of the referendum ballot andshall identify both a physical location and a web site address
or other electronic location where the entire text of thereferendum can be viewed.
22-24-416.

Ballot proposition; when placed on ballot.

The ballot proposition for a referendum shall be placed on theelection ballot of the first statewide general election held
more than one hundred eighty (180) days after adjournment of thelegislative session at which the act was passed.
22-24-417.

Insufficiency of application or petition.

A referendum submitted to the voters shall not be void becauseof the insufficiency of the application or petitions by which
the submission was procured.
22-24-418.

Action for review of determination.

Any person aggrieved by any determination made under thisarticle, by the secretary of state or by the attorney general,
may bring an action in the district court of Laramie county tohave the determination reviewed by filing application within
thirty (30) days of the date on which notice of thedetermination was given.
22-24-419.

Penalties.

(a) Any person who signs a name other than his own on apetition for referendum, or who knowingly signs his name morethan once for the same proposition at one (1) election, uponconviction, shall be fined not more than one thousand dollars($1,000.00) or imprisoned for not more than one (1) year, or
both.
(b) 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 toW.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.
22-24-420. Petitions; payment for signatures;
misrepresentation of petition; prohibition; penalty.
(a)Repealed by Laws 2018, ch. 118, § 2.

(b) A circulator of a referendum petition or a person who
causes the circulation of a referendum petition may not pay oroffer to pay any compensation to another person for that
person's signature on the referendum petition.
(c) A circulator of a referendum petition or a person who
causes the circulation of a referendum petition shall notcollect 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 thepenalty imposed under W.S. 22-24-419(a).

CHAPTER 25 - CAMPAIGN PRACTICES
22-25-101.
(a)Definitions; statement of formation.

Repealed By Laws 1998, ch. 100, § 5.

(b) A political action committee and a candidate's
campaign committee, except those formed under federal law, shallfile 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 anelection to defray campaign debts incurred. The chairman andtreasurer of a committee shall be separate individuals. The
statement of formation shall list the name and mailing addressof the committee, name and address of the committee chairman andtreasurer, date committee formed and the purpose of committee.
The statement of formation shall be filed in those offices asprovided by W.S. 22-25-107.
(c) Any organization that receives contributions or
expends funds totaling in aggregate more than one thousand
dollars ($1,000.00) for the purpose of causing independent
expenditures or electioneering communications to be made shallfile a statement of formation for the purpose of filing campaign
reports in accordance with W.S. 22-25-106(h). Any organizationthat has not previously filed a statement of formation that isrequired by this subsection shall file a statement of formation
within ten (10) days of causing or intending to cause theindependent expenditure or electioneering communication to bemade in any primary, general or special election or withintwenty-four (24) hours if the independent expenditure orelectioneering communication is made within ten (10) days of any
primary, general or special election. The statement offormation as referenced in this subsection shall be filed inthose offices as provided by W.S. 22-25-107 and shall list the:(i)Name and mailing address of the organization;(ii) Name and mailing address of the organization'schairman and treasurer, if applicable, or the organization's
designee;(iii)

Date the organization formed; and(iv)

Purpose of the organization.

(d)As used in this chapter:(i) "Electioneering communication" means, except asotherwise 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 stationor satellite system and which:(A) Refers to or depicts a clearly identified
candidate for nomination or election to public office or aclearly identified ballot proposition and which does not
expressly advocate the nomination, election or defeat of thecandidate or the adoption or defeat of the ballot proposition;(B) Can only be reasonably interpreted as an
appeal to vote for or against the candidate or ballot
proposition;(C) Is made within thirty (30) calendar days ofa primary election, sixty (60) calendar days of a generalelection or twenty-one (21) calendar days of any special
election during which the candidate or ballot proposition willappear on the ballot; and(D)geographic area:

Is targeted to the electors in the(I)

The candidate would represent if(II)Affected by the ballot proposition.

elected; or(ii)"Electioneering communication" does not mean:(A) A communication made by an entity as acomponent of a newsletter or other internal communication of theentity which is distributed only to members or employees of theentity;(B) 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 acable television system, electronic communication network,
internet streaming service, radio station, television station orsatellite system;(C) A communication made as part of a publicdebate 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 theperson sponsoring or hosting the debate or forum;(D) The act of producing or distributing anelectioneering communication.
(iii) "Independent expenditure" means an expenditurethat is made without consultation or coordination with acandidate, candidate's campaign committee or the agent of acandidate or candidate's campaign committee and which expressly
advocates the:(A)

Nomination, election or defeat of a

(B)

Adoption or defeat of a ballot proposition.

candidate; or(iv) "Organization", as used in this chapter, means
any corporation, partnership, trade union, professional
association or civic, fraternal or religious group or otherprofit or nonprofit entity or any other entity influencing anelection, except a political party, political action committee
or candidate's campaign committee.
22-25-102. Contribution of funds or election assistance
restricted; limitation on contributions; right to communicate;
civil penalty.
(a) Except as otherwise provided in this section, no
organization except a political party, political action
committee or candidate's campaign committee, 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 shallpromulgate rules to define direct coordination as prohibited bythis section. No person shall solicit or receive a payment orcontribution from an organization prohibited from making
contributions under this subsection.
(b) Except as otherwise provided in this section, only anatural 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.
(c) Except as otherwise provided in this section, no
individual other than the candidate, or the candidate's
immediate family shall contribute directly or indirectly:(i) To any candidate for statewide political office,or to any candidate for statewide political office’s candidate's
campaign committee:(A) More than two thousand five hundred dollars($2,500.00) per election; and(B) Except as otherwise provided in thissubparagraph, no contribution for the general election may be
given prior to the date for the primary election. Thissubparagraph 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.
(ii) To any candidate for nonstatewide political
office, or to any candidate for nonstatewide political office’s
candidate's campaign committee:(A) More than one thousand five hundred dollars($1,500.00) per election; and(B) Except as otherwise provided in thissubparagraph, no contribution for the general election may be
given prior to the date for the primary election. Thissubparagraph 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.

(iii)(d)Repealed by Laws 2015, ch. 80, § 1.

Repealed by Laws 2019, ch. 1, § 2.

(e) Any violation of 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 areasonable 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 thecivil penalty may be prosecuted by and in the name of any
candidate adversely affected by the transgression, any politicalparty, any county attorney, any district attorney or theattorney general. Proceeds of the penalty collected shall be
paid to the state treasurer and credited as provided in W.S. 81-109.
(f) Direct contributions from any entity affiliated with apolitical 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 thecontributions 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 aparticular candidate and no other purpose are subject to thelimitations of subsection (c) and of this section.
(g) The prohibitions in this section do not apply tocontributions of funds or other items of value to politicalparties 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 allapplicable federal election commission regulations governing
contributions to political parties. Any political party which
receives funds to sponsor such conferences or conventions shallfile an itemized statement of contributions and expenditureswith the secretary of state within ten (10) days after the
conference or convention.
(h) No organization, political party, political action
committee or candidate's campaign committee shall solicit orobtain contributions for any of the purposes specified insubsection (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 thecontribution. Nothing in this subsection shall be construed toauthorize contributions otherwise prohibited under this election
code.
(j) 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 thecandidate. Subsection (c) of this section does not limit
political contributions by political parties, nor expendituresby a candidate from his own funds nor from his candidate's
campaign committee funds.
(k) The prohibitions in this section shall not be
construed to prohibit any organization from:(i) Exercising its first amendment rights to cause
electioneering communications or independent expenditures to bemade;(ii) Bearing any portion of a political action
committee's administrative costs or costs of soliciting
contributions.
(m) 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 thanstatewide 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 thissubsection. Contributions to a candidate's campaign committee
shall be considered to be contributions to the candidate. This
subsection does not limit political contributions by politicalparties, nor expenditures by a candidate from his own funds nor
from his candidate's campaign committee funds.
(n) 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 thelimitations of subsection (c) of this section.
22-25-103.
(a)

Identifiable expenses; exceptions.

Identifiable expenses include:(i) All forms of advertising expenses, including, but
not limited to, radio, television, billboards and posters;(ii)

Printing expenses;(iii) Expenses for retaining the services of aprofessional campaign consultant, or public relations or
management firm;(iv)

Postage.

(b) Staff and postage expenses of a political party
central committee, checking account service charges of apolitical action committee and a candidate's personal campaign
expenses for travel and meals and checking account service
charges are not identifiable expenses.
(c) Advertising expenses by a party central committee are
not identifiable expenses for the candidate if the entire slateof candidates, below the national level, is advertised by thecommittee even though all candidates are not included in eachadvertisement so long as the expenses for each candidate on theslate are substantially the same in any election.
22-25-104.
elections.

Restriction on party funds in primary

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.
22-25-105.
warning.

Campaign reporting forms; instructions and(a) The secretary of state shall prescribe the forms forreporting contributions and expenditures for primary, generaland 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 inelectronic or paper form, by the county clerk to each person
filing an application for nomination in his office and to eachpolitical action committee and candidate's campaign committee
required to file with the county clerk.
(b) 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.
22-25-106.

Filing of campaign reports.

(a) Except as otherwise provided in subsections (g) and(j) of this section and in addition to other reports required bythis subsection:(i) Every candidate, whether successful or not, shallfile an itemized statement of contributions and expenditures atleast 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 thestatement within ten (10) days after the election;(ii)

Repealed by Laws 2019, ch. 1, § 2.

(iii)

Repealed by Laws 2019, ch. 1, § 2.

(iv) 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. 22-25103. 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 entity required to submit astatement of contributions and expenditures. The date of eachcontribution 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, expendituresand obligations itemized in a statement filed by a politicalaction committee, a candidate's campaign committee or by apolitical party central committee need not be itemized in a
candidate's statement;(v) Statements under this subsection shall be filedwith those officers as provided in W.S. 22-25-107.
(b) Reports of itemized statements of contributions andexpenditures, and statements of termination shall be made withthe appropriate filing officers specified under W.S. 22-25-107
and in accordance with the following:(i) 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 ofanother state that contributes to a Wyoming political action
committee or to a candidate's campaign committee shall file anitemized 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, throughthe day of the election, whether a primary, general or special
election, shall be filed as an amendment to the statement withinten (10) days after the election;(ii) A committee formed after an election to defraycampaign 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 ofeach odd-numbered year;(iii) All candidates and committees shall continue tomake the reports required under this subsection until thecommittee terminates and the candidate or committee files astatement of termination with the appropriate filing officer. A
statement of termination may be filed upon retirement of alldebts;(iv)

Repealed by Laws 2019, ch. 1, § 2.

(c) 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, thename 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 thedisclosure 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, allcontributions from that person shall be itemized. If thecontributions, expenditures or obligations were for more thanone (1) candidate, the amounts attributable to each shall beitemized separately.
(d) The chairman of each political party central committee
for the state or county, or an officer of the party designatedby him, shall file an itemized statement of contributions of one
hundred dollars ($100.00) or more, and any expenditures andobligations. 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 tocampaign expenses, including normal operating expenses. All
contributions under one hundred dollars ($100.00) shall bereported but need not be itemized. Should the accumulation ofcontributions from a person exceed the one hundred dollar($100.00) threshold, all contributions from that person shall beitemized. It shall attribute all campaign contributions,
expenses and obligations to a specific candidate only if thecampaign contributions, expenses and obligations can be
specifically identified to that specific candidate to the
exclusion of other candidates on the ticket. A copy of thestatement shall be furnished to each candidate identified in thestatement within ten (10) days after the general or special
election.
(e) If inaccuracies are found in a statement filed inaccordance with this section or additional contributions or
expenditures become known after filing an amendment as requiredby 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 thissubsection, any net change less than two hundred dollars($200.00) need not be reported.

(f)Repealed by Laws 2019, ch. 1, § 2.

(g) Candidates for federal office, campaign committees forcandidates for federal office and federal political action
committees that are making contributions or expenditures only tofederal candidates or for federal issues shall not be required
to file contribution and expenditure reports under this section
if the candidate or the committee is required to comply withfederal election law reporting requirements.
(h) An organization that expends in excess of one thousand
dollars ($1,000.00) in any primary, general or special election
to cause an independent expenditure or electioneeringcommunication to be made shall file an itemized statement ofcontributions and expenditures with the appropriate filingoffice under W.S. 22-25-107. The statement shall:(i) Identify the organization causing theelectioneering communication or independent expenditure to bemade and the individual acting on behalf of the organization
causing the communication or expenditure to be made, if
applicable;(ii) Be filed at least seven (7) days but not morethan 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 theelection;(iii)

Repealed by Laws 2019, ch. 1, § 2.

(iv) Only list those expenditures and contributions
which relate to an independent expenditure or electioneeringcommunication;(v) Set forth the full and complete record ofcontributions which relate to an independent expenditure orelectioneering communication, including cash, goods or services
and actual and promised expenditures. The date of eachcontribution 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;(vi) Be signed by both the chairman and treasurer ofthe organization, if those positions are present in theorganization, or by the organization's designee.
(j) If a candidate has formed a candidate's campaign
committee, the committee may file reports required by thissection on behalf of the candidate if the candidate provides asigned document one (1) time each election cycle authorizing thecommittee to file reports on behalf of the candidate andattesting 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 toseparately file the report provided that the candidate shallremain individually responsible for any deficiencies in a report
filed by the committee.
(k) Reports or statements filed under this section shallbe filed under penalty of perjury.
22-25-107.

Where reports to be filed.

(a) All reports required under this chapter shall be filed
as follows:(i) Any candidate for a municipal, county, judicial,school or college board office and any political action
committee or candidate's campaign committee supporting such acandidate and any political action committee or organization
supporting or opposing a municipal initiative or referendum orballot proposition within the county, or any organization thatcauses an independent expenditure or electioneeringcommunication to be made within the county, shall file with thecounty clerk;(ii) Any candidate for a state legislative or
district judgeship office and any political action committee orcandidate's campaign committee supporting or opposing such acandidate, shall file with the secretary of state;(iii) Any candidate for statewide office shall filewith the secretary of state;(iv) A county party central committee shall file withthe secretary of state;

(v) A state party central committee shall file withthe secretary of state;(vi) Precinct committeemen and precinct
committeewomen elected at the primary election shall not be
required to file a statement of contributions and expenditures;(vii) 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 anelectioneering communication or an independent expenditure to bemade and filing pursuant to W.S. 22-25-106(b)(i) or (h) shallfile reports required by this section with the secretary ofstate.
(b) Reports required to be filed at least seven (7) days
before any primary, general or special election shall be filed
electronically.
(c)
with:

Any reports required under this chapter to be filed(i) The secretary of state, shall be filed
electronically as provided under W.S. 9-2-2501;(ii) 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 forelectronic filing.
(d) Whenever "county clerk" is used in this chapter, itmeans the county clerk of the county in which the person
resides.
(e) The secretary of state shall maintain a searchable
database of reports filed pursuant to this chapter available tothe public on or through the Internet as defined in W.S. 9-23219(a)(iii). The secretary of state shall be responsible forthe provision of training and instruction for filers on how toaccess 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.

22-25-108. Failure of persons to file reports; notice;penalties; reconsideration.
(a) Any person required to file a report under W.S.
22-25-106 shall be given notice prior to an election, by theappropriate 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 orpolitical action committee that the officers responsible forfiling the report shall be subject to the same civil penalties
as the candidate's campaign committee, organization, politicalparty or political action committee for failure to file thereport.
(b) Any person who fails to file a report under W.S.
22-25-106 within the time required by that section shall havetheir name printed on a list drafted by the appropriate filingoffice. The filing office shall:(i) Immediately post the list in the filing officeand make the list available to the public;(ii) Notify the person at their address of recordthat the person has twenty-one (21) days from the date thenotice was sent to comply with W.S. 22-25-106 or be subject tocivil penalties as provided in subsection (f) of this section.
(c)

Repealed by Laws 2018, ch. 40, § 2.

(d)Repealed by Laws 2018, ch. 40, § 2.

(e)

Repealed by Laws 2018, ch. 40, § 2.

(f) The appropriate filing office or the county attorney,
for reports required to be filed with the county clerk, shallissue a final order imposing the civil penalty specified in thissubsection against any person failing to comply with W.S. 22-25106 twenty-one (21) days from the date the notice was sent undersubsection (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 officeor county attorney shall impose the following civil penalty inthe final order after giving due consideration to thewillfulness of the failure to file, the person's level ofexperience with reporting requirements under this act, efforts
made to obscure the identity of the person required to file andany other factor evidencing an intent to evade reporting
requirements under this act:(i) Up to five hundred dollars ($500.00) per day
beginning on the date of the final order and ending when thereport is filed for a failure to file a report with thesecretary of state;(ii) Up to two hundred dollars ($200.00) per day
beginning on the date of the final order and ending when thereport is filed for a failure to file a report with the county
clerk.
(g) Any candidate required to file a report under W.S.
22-25-106 who authorizes the candidate's campaign committee tofile on their behalf as provided by W.S. 22-25-106(j) shall bejointly and severally liable with the candidate's campaign
committee for any civil penalty imposed under this section.
(h) Any person may, within twenty (20) days of the date ofa 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 goodcause 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 theperson files the report within the time specified in thedecision. A decision to not waive an imposed penalty by thesecretary of state is subject to the contested case proceduresof the Wyoming Administrative Procedure Act. A decision to not
waive an imposed penalty by the county attorney is appealable toa circuit court of appropriate jurisdiction.
(j) A civil penalty imposed under this section shall be
paid within thirty (30) days of the date of the final orderissued pursuant to subsection (f) of this section or the date ofa decision denying reconsideration by the appropriate filingoffice or county attorney, whichever is later. Any penalty not
paid within the time required by this subsection is delinquentand 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 thepenalty is being reviewed by a court or during the pendency of acontested case proceeding. The filing office for the state shallnotify the attorney general of a delinquent civil penalty.

(k) A delinquent civil penalty may be recovered in an
action brought in the name of the state of Wyoming in any courtof 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 therecovery effort including attorney's fees. No filing fee shallbe charged for the filing of an action under this subsection nor
shall a fee be charged for service of process.
(m) Civil penalties and any interest thereon shall be paid
to the clerk of court with jurisdiction over the matter fordeposit to the public school fund of the county in which thefine was assessed. Any recovered costs or damages relating to
the recovery effort shall be retained by the county or thestate, as appropriate.
22-25-109.

Repealed by Laws 2018, ch. 40, § 2.

22-25-110.

Campaign advertising in communications media.

(a) It is unlawful for a candidate, political action
committee, organization, including organizations causing anelectioneering 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 thefollowing disclosure: "paid for by (name of candidate,organization or committee sponsoring the campaign literature or
campaign advertising)". The disclosure set forth in thissubsection shall be required in the following forms of campaign
literature or campaign advertising:(i) Printed campaign literature or campaign
advertising including mailers, pamphlets, brochures, periodicals
or billboards;(ii) Campaign advertising appearing on the radio or
distributed through a telephone or cellular system or othersolely auditory medium;(iii)

Campaign advertising appearing on television;(iv) Paid placement of campaign advertising on theinternet 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 thedisclosure.
(b) For purposes of this section, "campaign literature or
campaign advertising" does not include small campaign items suchas tickets, bumper stickers, pens, pencils, buttons, rulers,
nail files, balloons and yard signs displaying the name of thecandidate or office sought and any other items specified by ruleof the secretary of state.
(c)Repealed by Laws 2019, ch. 1, § 2.

22-25-111.

Repealed by Laws 1980, ch. 31, § 1.

22-25-112.

Campaign advertising rates.

Rates charged for political campaign advertising shall not behigher than rates charged for local advertising of the same
quality and quantity.
22-25-113.

Repealed By Laws 1998, ch. 100, § 5.

22-25-114.

Repealed by Laws 1991, ch. 243, § 5.

22-25-115. Written campaign advertising; prohibiting
placement on public property; exception.
Except as provided herein, written campaign advertising shallnot be placed on or attached to any real or personal property ofthe state or its political subdivisions. This prohibition shallnot 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 theirgoverning board as to time, place and manner. Any rules andregulations adopted shall provide for equal access to opposing
political views. Subject to the approval of the landowner andany 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 thesame extent which the municipality allows campaign materials to
be placed on municipal street rights-of-way. Nothing in thissection shall apply to any interstate highway.

CHAPTER 26 - OFFENSES AND PENALTIES
22-26-101.

Felony offenses generally.

(a) The following acts in connection with or related tothe election process or an election, if knowingly and willfullycommitted, 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:(i)

Repealed by Laws 2018, ch. 40, § 2.

(ii)

Unlawful opening of a ballot box;(iii)

Unlawful opening of a voting machine;(iv)

Unlawful possession of a key;(v)

Repealed by Laws 2018, ch. 40, § 2.

(vi)

Falsifying election documents;(vii)

False swearing;(viii)

Offering a bribe;(ix)

Accepting a bribe;(x)Intimidation;(xi)

Violating W.S. 22-9-125(d)(iv).

22-26-102.

Registration offenses.

(a) Registration offenses consist of performing any of thefollowing acts in connection with or related to the election
process or an election:(i) Signing or offering to sign an application toregister when not a qualified elector or to register under afalse name or residence address;(ii) Soliciting, procuring, aiding, abetting,inducing or attempting to solicit, procure, aid, abet or inducea person to register under the name of any other person, or afalse name, or to register when not a qualified elector;

(iii) Destroying or altering a registration record
when not authorized by law;(iv)

False swearing after being challenged.

(b) Unless otherwise provided in subsection (c) of thissection, registration offenses are misdemeanor offenses
punishable by a fine of not more than two hundred dollars($200.00).
(c) Registration offenses committed with the intent todeceive 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.
(d) 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.
(e) The county sheriff shall investigate registration
offenses at the request of a county clerk who has reasonablecause to believe that a person has committed a registration
offense. After an investigation and a finding that theallegation has merit, the county sheriff shall refer the matterto the district attorney for prosecution in the appropriate
courts of this state.
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 ballotbox.
22-26-104.

Unlawful opening of voting machine.

Unlawful opening of a voting machine consists of opening,
unlocking, inspecting, tampering with, resetting or adjusting avoting machine without lawful authority, or conspiring withothers to do so.
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.

22-26-106.

False voting.

(a) False voting consists of performing any of thefollowing acts in connection with or related to the election
process or an election:(i) Voting, or offering to vote, when not a qualified
elector entitled to vote at the election;(ii) Voting, or offering to vote, in the name ofanother person or under a false name;(iii) Voting, or offering to vote, in a precinct
other than that in which qualified to vote;(iv)
an election.

Voting, or offering to vote, more than once in(b) Unless otherwise provided in subsection (c) of thissection, false voting is a misdemeanor offense punishable by afine of not more than two hundred dollars ($200.00).
(c) False voting committed with the knowledge of not being
a qualified elector entitled to vote at the election or in thatprecinct is a high misdemeanor offense punishable by not morethan one (1) year imprisonment, a fine of not more than five
thousand dollars ($5,000.00), or both.
(d) 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.
(e) 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 aninvestigation and a finding that the allegation has merit, thecounty sheriff shall refer the matter to the district attorney
for prosecution in the appropriate courts of this state.
22-26-107.

Falsifying election documents.

(a) Falsifying election documents consists of performing
any of the following acts with the intent to deceive or mislead
an elector or an election official:

(i) Printing, distributing or displaying false
instructions for voting or for the conduct of an election;(ii) 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 theballot, or omits the name of a person entitled by law to be on
the ballot, or otherwise contains false information or headings;(iii) Defacing, altering, forging, making false
entries in or changing in any way a petition, certificate of
nomination, registration record or election return required bylaw;(iv) Preparing or submitting a false certificate of
nomination, registration record or election return.
22-26-108.

False swearing.

False swearing consists of taking an oath required by theElection Code with the knowledge that the thing or matter sworn
to is not true and correct.
22-26-109.

Offering bribe.

(a) 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 aperson, for any of the following purposes:(i) 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;(ii) 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.
22-26-110.

Accepting bribe.

Accepting a bribe consists of knowingly accepting any payment or
promise of payment, directly or indirectly, of money or othervaluable thing for any of the unlawful purposes specified in
W.S. 22-26-109.
22-26-111.

Intimidation.

(a)Intimidation consists of:(i) Inducing, or attempting to induce, fear in anelection official or elector by use of threats of force,
violence, harm or loss, or any form of economic retaliation, forthe purpose of impeding or preventing the free exercise of theelective franchise or the impartial administration of theElection Code; or(ii) Soliciting the contribution of funds, otheritems of value or election assistance to the campaign of any
candidate, candidate’s committee, political action committee orsponsors of a ballot proposition, by use of threats of physicalviolence or any form of economic or official retaliation.
(b) It is not a defense to a prosecution under thissection that the defendant did not in fact possess the ability
to carry out the threat made.
22-26-112.

Misdemeanor offenses generally.

(a) Unless a different penalty is specifically provided inthis code, the following acts, if knowingly and willfullycommitted, are misdemeanor offenses punishable by not more thansix (6) months in a county jail or a fine of not more than one
thousand dollars ($1,000.00), or both:(i)

Electioneering too close to a polling place;(ii)

Disturbing a polling place;(iii) Unlawful possession of alcoholic or malt
beverages at a polling place;(iv) Accepting or expending any money or incurring
any obligation on behalf of any candidate for nomination orelection to office without such candidate's prior written
approval;(v)
employees;

Employer interfering with political rights of(vi) Discharging an employee because of nominationfor or election to political office;(vii) Causing or attempting to cause a candidate towithdraw or refuse nomination or election;

(viii)(ix)

Violating W.S. 22-2-113;

Violating W.S. 22-25-101 through 22-25-115;(x) Filing or signing a false statement ofcontributions and expenditures required by W.S. 22-25-106.
22-26-113.

Electioneering too close to a polling place.

(a) Electioneering too close to a polling place orabsentee polling place under W.S. 22-9-125 when voting is being
conducted, consists of any form of campaigning, including thedisplay of campaign signs or distribution of campaign
literature, the soliciting of signatures to any petition or thecanvassing 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 tobumper stickers affixed to a vehicle while parked within or
passing through the distance specified in this subsection,
provided that:(i) There is only one (1) bumper sticker per
candidate affixed to the vehicle;(ii) Bumper stickers are no larger than four (4)inches high by sixteen (16) inches long; and(iii) The vehicle is parked within the distancespecified in this subsection only during the time the elector isvoting.
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 theorderly conduct of an election.
22-26-115.
beverages.

Unlawful possession of alcoholic or malt

Unlawful possession of alcoholic or malt beverages at a pollingplace 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.
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 fora 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.
22-26-117. Discharging employee because of nomination foror 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 candidatefor or elected to any position of honor, trust or emolument, tobe voted for at any election, held in pursuance of the laws ofthis state.
22-26-118. Causing or attempting to cause candidate towithdraw 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 refrainfrom accepting such nomination or election by threatening lossof employment, business or patronage, if he or they accept suchcandidacy or election, or making it a condition of employment,
business or patronage, that such candidacy or election shall not
be accepted.
22-26-119.

Violation of Election Code by officials.

Violation of the Election Code by an official consists of thewillful violation of the Election Code by any official or by any
deputy or assistant official, or the willful failure or refusalof 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 afelony 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.
22-26-120. Violation of Election Code when specificpenalty not imposed.
If the Election Code does not impose a specific penalty for thewillful 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 ofa misdemeanor punishable by the penalty prescribed by W.S.
22-26-112.
22-26-121. Violations of election code; complaints;
investigations and prosecutions.
(a) 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 orlegislative 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, heshall refer the complaint to the Wyoming attorney general forinvestigation and prosecution. The attorney general may
prosecute the complaint in the district court for the districtin 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.
(b) 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 ormunicipal candidate, committee or organization. If the county
clerk finds that the complaint has merit and suspects aviolation of the Election Code, the county clerk shall refer thecomplaint to the district attorney for the county in which thecandidate resides for investigation and prosecution.
(c) Complaints that the secretary of state violated theElection Code shall be filed with the attorney general forinvestigation 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.

(d) The secretary of state or the county clerk may referany suspected violation of the Election Code to the appropriate
prosecuting authority as provided in this section.
(e) 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 inwhich the elector resides and be investigated by the county
sheriff as provided in those sections. If the county clerk orother 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.
(f)

As used in this section:(i) "County or municipal candidate, committee ororganization" 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;(ii) "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.
CHAPTER 27 - SEVERABILITY; REPEALS
22-27-101.

Provisions severable.

If any provision of this act or the application thereof to any
person or circumstance is held invalid, such invalidity shallnot affect other provisions or applications of this act which
can be given effect without the invalid provision orapplication; and to this end the provisions of this act are
severable.
CHAPTER 28 - HOSPITAL DISTRICT ELECTIONS

22-28-101.

Repealed By Laws 1998, ch. 115, § 5.

22-28-102.

Repealed By Laws 1998, ch. 115, § 5.

22-28-103.

Repealed By Laws 1998, ch. 115, § 5.

22-28-104.

Repealed By Laws 1998, ch. 115, § 5.

22-28-105.

Repealed By Laws 1998, ch. 115, § 5.

22-28-106.

Repealed By Laws 1998, ch. 115, § 5.

22-28-107.

Repealed By Laws 1998, ch. 115, § 5.

22-28-108.

Repealed By Laws 1998, ch. 115, § 5.

22-28-109.

Repealed By Laws 1998, ch. 115, § 5.

22-28-110.

Repealed By Laws 1998, ch. 115, § 5.

22-28-111.

Repealed By Laws 1998, ch. 115, § 5.

CHAPTER 29 - SPECIAL DISTRICT ELECTIONS ACTARTICLE 1 - GENERAL PROVISIONS
22-29-101.

Short title.

This chapter may be cited as the "Special District Elections Act
of 1994."
22-29-102.
(a)Definitions.

As used in this act:(i) "Director" or "district director" means a voting
member of the governing body of a special district, regardlessof what title is used in the principal act;(ii) "Principal act" means the statutes under which a
special district listed under W.S. 22-29-103(a) can be formed oris operating;(iii) "Business day" means any day other thanSaturday, Sunday or a legal holiday in this state as designatedin W.S. 8-4-101;

(iv)22-29-601.

"This act" means W.S. 22-29-101 through22-29-103.
provisions.

Applicability to special districts; general(a) This act applies to the following districts as
specified in subsection (b) of this section:(i)

Special cemetery districts;(ii)

Conservation districts;(iii) Fire protection districts, including county
commission fire protection districts;(iv)

Flood control districts;(v)

Hospital districts;(vi)

Improvement and service districts;(vii)

Special museum districts;(viii)

Rural health care districts;(ix)

Sanitary and improvement districts;(x)

Water and sewer districts;(xi)

Watershed improvement districts;(xii)

Resort districts;(xiii)

Senior health care districts;(xiv)

Other districts as specified by law.

(b) This act specifies requirements pertaining toelections and changes in the organization of the districts
listed in subsection (a) of this section where the principal act
is silent or unclear. Except as provided by W.S. 22-29-202(c)and 22-29-401(b) and (c), the specific provisions of a principal
act are effective and controlling to the extent they conflictwith this act.

(c) If a proposed district crosses county boundaries, then
any required filing with a county clerk shall be filed with orcertified to the county clerks of the counties affected. Any
action required or permitted by this act, a principal act orapplicable rules to be undertaken by a county commission or thecounty commissioners shall be undertaken jointly by the county
commissioners for each county involved. In undertaking joint
action, each county commissioner's vote shall be weighted inproportion to the number of county commissioners and the
population of electors of the district residing within thatcommissioner's county. The population of electors shall be
determined by the most recent voter registration lists. Any
consultation required of the county assessor or county treasurer
shall be made jointly by the county assessor or county treasurerof all the affected counties.
(d) If a district is authorized to promulgate rules andregulations or adopt ordinances or bylaws, the district shallfile any rules and regulations it promulgates, ordinances orbylaws it adopts and any amendments thereto with the county
clerk for each county in which it is located. No rule,
regulation, ordinance or bylaw shall be effective unless filedin accordance with this subsection.
(e) All special districts shall file a copy of the
document authorizing formation or modification of boundaries, acitation to the law under which it is formed and a copy of an
official map or legal description designating the geographicalboundaries of the district or the changes to its geographicalboundaries with the department of revenue, the county assessor
and the county clerk in the county or counties within which theentity is located in accordance with the department's rules
adopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax
districts and as follows:(i) Within ten (10) business days after the effective
date of formation; and(ii) Annually, by a date determined by thedepartment, if a special district has changes to its
geographical boundaries by enlargement, merger, consolidation,
exclusion or dissolution in the preceding year.
(f) The department of revenue in adopting rules
implementing the provisions of subsection (e) of this section
may accept in lieu of a document authorizing the originalformation of a district a statement of the district secretarystating that the document is unavailable together with a map orother description of the current boundaries of the district
which allows the department to accurately ascertain the property
within the district.
22-29-104.

Definitions when principal act is silent.

(a) When used in a principal act, the following
definitions apply, unless the term is otherwise specificallydefined in that principal act:(i)"Elector" means a qualified elector;(A)

Repealed By Laws 1998, ch. 115, § 5.

(B)

Repealed By Laws 1998, ch. 115, § 5.

(C)

Repealed By Laws 1998, ch. 115, § 5.

(D)

Repealed By Laws 1998, ch. 115, § 5.

(E)

Repealed By Laws 1998, ch. 115, § 5.

(F)

Repealed By Laws 1998, ch. 115, § 5.

(ii) "Landowner" means a person holding record fee
title to real property within the district or proposed district
or a person obligated to pay general property taxes under acontract to purchase real property within the district or
proposed district. It does not include a person who owns only
personal property even though such personal property may besubject to levy. As used in this paragraph, "person" includes anindividual, corporation, partnership, association or otherentity owning land in the district provided the individual who
signs the petition for a corporation, partnership or association
presents the election judge with a written authorization to signfor the corporation, partnership or association;(iii)

Repealed By Laws 1998, ch. 115, § 5.

(iv)

"Property owner" means a landowner;(v)"Qualified elector" means a natural person who:(A)

Is a citizen of the United States;

(B)proposed district;

Is a bona fide resident of the district or(C) Will be at least eighteen (18) years of age
on the day of the election at which he may offer to vote;(D)

Is not currently adjudicated mentally

incompetent;(E) Has not been convicted of a felony, or, if
so convicted, has had his civil or voting rights restored; and(F)

Has registered to vote.

(vi) "Resident" or "residence" means as defined in
the Wyoming Election Code;(vii)"Voter" means a qualified elector;(viii) "Written authorization" means an affidavit
filed with the county clerk setting forth a general legal
description of the property owned, the street or common nameaddress for the property, the name or names of all owners of theproperty described, and a statement that the person signing thewritten authorization is the only person having authority to act
on behalf of the owner or owners of the property.
22-29-105. Petitions; number of signatures required;contents of formation petition.
(a) A petition to form a special district shall be signedby not less than twenty-five percent (25%) of the landowners
owning at least twenty-five percent (25%) of the assessedvaluation of property within the area proposed to be established
as a special district in one (1) or more counties or any part ofa county, as shown by the assessment records of the property insaid area.
(b) A petition for enlargement of a district shall besigned by not less than twenty-five percent (25%) of the votersowning not less than twenty-five percent (25%) of the assessedvaluation of property within the area proposed to be included.
If there are no voters within an area proposed to be included ina district, an enlargement petition shall be signed by not lessthan twenty-five percent (25%) of the landowners owning not lessthan twenty-five percent (25%) of the assessed valuation ofproperty within the area proposed to be included.

(i)Repealed By Laws 1998, ch. 115, § 5.

(ii)

Repealed By Laws 1998, ch. 115, § 5.

(c) A petition for merger and a petition for consolidation
shall be signed by not less than twenty-five percent (25%) of
the voters owning not less than twenty-five percent (25%) of theassessed valuation of property within each of the districts
proposed to be included.
(i)

Repealed By Laws 1998, ch. 115, § 5.

(ii)

Repealed By Laws 1998, ch. 115, § 5.

(d) A petition for dissolution shall be signed by not lessthan twenty-five percent (25%) of the voters owning not lessthan twenty-five percent (25%) of the assessed valuation ofproperty within the district.
(i)

Repealed By Laws 1998, ch. 115, § 5.

(ii)

Repealed By Laws 1998, ch. 115, § 5.

(e)

Repealed By Laws 1998, ch. 115, § 5.

(f)

The petition for formation shall state:(i)

The proposed name for the district;(ii) The boundaries of the district, including a map,and describe the lands situated therein with particularity;(iii) A request that a district be formed under aprincipal act and pursuant to this act;(iv) Describe generally the purpose of the proposed
district and the services to be provided, acquired, operated orconstructed;(v) In detail, the proposed method for financing
improvements or services to be provided within the first year ofoperation after formation;(vi) The number and names of persons willing toserve, or apply for election, as the initial board of directorsof the district as required by the principal act;(vii) Who shall be responsible for the costs
associated with formation.
22-29-106. Requirements for signers of petition; signer's
withdrawal prohibited; chief petitioners designated.
(a) This section applies to petitions authorized under aprincipal act or this act. Each person who signs a petition
shall add after the signature the date of signing. If a person
is signing the petition as an elector, the person shall add
after his signature the person's date of birth and place ofresidence, giving street and number or a designation sufficient
to enable the place of residence to be readily ascertained. If
the signer is signing the petition as a landowner, the number ofacres of land owned by the signer and the name of the county
whose assessment roll is used for the purpose of determining thesigner's right to vote shall be stated in the body of thepetition or indicated opposite the signature. If the signer is alegal representative of the owner, the signature shall beaccompanied by the signer's written authorization to sign as alegal representative.
(b) After a petition has been offered for filing, a person
may not withdraw his name therefrom.
(c) A petition shall designate not more than three (3)persons as chief petitioners, setting forth their names andmailing addresses. A petition may consist of a single instrument
or separate counterparts.
(d) The secretary of state shall, after consultation withthe county clerks, develop uniform petition forms which shall be
used by special districts.
22-29-107. Requirements of filing petition; validity andcertification of signatures.
(a) A petition shall not be accepted for filing unless thesignatures thereon have been secured within six (6) months ofthe date on which the first signature on the petition was
affixed. Petitions required to be filed with the county
commissioners shall be filed with the county clerk. Petitions
required to be filed with the district board shall be filed withthe secretary of the district board. It is not necessary tooffer all counterparts of a petition for filing at the sametime, but all counterparts when certified as provided bysubsection (c) of this section shall be filed at the same time.
(b) Within ten (10) business days after the date apetition is offered for filing, the county clerk or districtsecretary, as the case may be, shall examine the petition anddetermine whether it is signed by the requisite number ofqualified signers. If the requisite number of qualified signers
have signed the petition, the county clerk or district secretaryshall file the petition. If the requisite number have notsigned, the county clerk or district secretary shall so notify
the chief petitioners and may return the petition to thepetitioners.
(c) A petition shall not be filed unless the certificateof the county clerk or the district secretary is attachedthereto certifying that the county clerk or district secretary
has verified the qualifications of the signers with theappropriate records, that the county clerk or district secretary
has ascertained therefrom the number of qualified signers
appearing on the petition, and that the petition is signed by
the requisite number of qualified signers.
(d)Repealed By Laws 1998, ch. 115, § 5.

22-29-108.
signatures.

Method of determining validity of landowner(a) In examining any petition required or permitted to besigned by landowners, the county clerk or district secretaryshall disregard the signature of a person not shown as owner on
the assessment roll unless prior to certification the secretaryor county clerk is furnished with written evidence, satisfactory
to the county clerk or district secretary, that the signer:(i)

Is a legal representative of the owner;(ii) Is entitled to be shown as owner of land on theassessment roll; or(iii)
real property.

Is a purchaser under a contract to purchase22-29-109.
petition.

County commissioners' action on formation

(a) A petition for formation of a district shall be filedwith the county commissioners. Before the petition is filed,the county assessor and the department of revenue shall review,
within sixty (60) days of receiving notice of the petition, theboundaries of the proposed district for any conflict, overlap,
gap or other boundary issue and make written comments thereon to
be submitted with the petition. Further, the petition shall beapproved by any agency required by the principal act to approve
the petition. If the petition satisfies all requirements of theprincipal act, the county commissioners shall:(i) Set a date for a hearing on the petition. The
hearing shall be held not less than forty-five (45) days nor
more than ninety (90) days after the date the petition is filed;(ii) The county commissioners shall cause notice ofthe hearing to be posted in at least three (3) public places andpublished by two (2) insertions in a newspaper of generalcirculation in that county or counties in which all or any partof the district is proposed to be located. The last of thenotices shall be published at least ten (10) business days prior
to the hearing. The notice shall state:(A)

The purpose for which the district is to be(B)

The name and boundaries of the proposed(C)

The time and place of the hearing on the(D)

That all interested persons may appear andformed;district;
petition; andbe heard.
(b) Any person may appear at the hearing and shall beheard concerning any and all matters affecting the creation of
the district, and a record of the proceedings shall be made andkept as a part of the public records of the board of county
commissioners.
(c) At the time stated in the notice, the county
commissioners shall hear the petition and determine if the area
could be benefited by the formation of the district. It may
adjourn the hearing from time to time, but not exceeding four(4) weeks in all unless additional notice is given. The county
commissioners may alter the boundaries set forth in the petition

to either include or exclude territory. In determining theboundaries of the proposed district, the board shall consider
the benefit the proposed district will have within the territory
in or out of the proposed district. The commissioners shall not
modify the boundaries so as to exclude from the proposed
district any land which could be benefited by its formation, norshall there be included any land which will not, in the judgmentof the board, be benefited. In no event shall property which may
be subject to a district assessment be included in theboundaries of a district if the owner of the assessed property
is precluded by applicable state or federal law, rule orregulation from using the services provided by the formation of
the district.
(d) If the county commissioners determine, after
consultation with the county assessor, that any land has been
improperly omitted from the proposed district and that the ownerhas not appeared at the hearing, the commissioners shallcontinue the hearing and shall order notice given to thenonappearing owner requiring the owner to appear before it andshow cause, if any, why the land of the owner should not be
included in the proposed district. The notice shall be given
either by posting and publication, in the same manner as noticeof the original hearing and for the same period, or by personal
service on each nonappearing owner. If notice is given by
personal service, service shall be made at least ten (10)business days prior to the date fixed for the further hearing.
(e) If within thirty (30) days after adjournment of thehearing, written protests, signed by the owners of at least
thirty-five percent (35%) of assessed valuation of property
included in the proposed district, are presented to the board ofcounty commissioners, the proposal and the district shall fail.
(f) If the county commissioners approve the petition forformation, as presented or as modified, the county commissioners
shall enter an order declaring its approval. The order shall set
forth the name of the proposed district and a description of theboundaries. Upon the entering of this order, the commissioners
shall direct that the question of formation of the district andthe election of the initial directors be submitted to theelectors of the proposed district to be held in their respective
counties by mail ballot or on the next election date authorizedunder W.S. 22-21-103 which is at least one hundred ten (110)days after the expiration of the thirty (30) day period
described in subsection (e) of this section.

(g) Any errors or changes on the map or in the legal
description shall be corrected, and the corrected version shallbe displayed at the polls on election day or included in each
mail ballot package. The map shall be developed after
consultation with the county assessor for each affected county
to ensure accuracy.
22-29-110.
period.

County clerk to publish proclamation; filing(a) Between one hundred one (101) and ninety-one (91) days
before an organizational election held in conjunction with a
primary or other August election, between ninety (90) andseventy (70) days before an organizational election held inconjunction with a May, general, November or mail ballot
election held at any other time, the county clerk shall publish
at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is situateda proclamation setting forth the date of the election, whatcounty clerk is the filing officer, the question of formation,
what offices are to be filled including the terms of theoffices, the filing period for the offices and other pertinentelection information. Minor errors in the proclamation shall notinvalidate the forthcoming election.
(b) Between ninety-six (96) and eighty-one (81) days
before a formation election held in conjunction with a primaryor other August election, between ninety (90) and seventy (70)days before a formation election held in conjunction with a May,
general, November or mail ballot election held at any othertime, candidates may file an application for election in theoffice of the county clerk. The principal act shall determine
who is eligible to be a candidate. The application shall be insubstantially the following form:
APPLICATION FOR ELECTION
SPECIAL DISTRICT DIRECTOR
I, the undersigned, swear or affirm that I was born on ....,(year); that I have been a resident of .... district since ....,
residing at ....; that I am an elector or landowner (check which
one for eligibility) of said district and I do hereby requestthat my name, ...., be printed on the ballot of the formation(or other) election to be held on .... day of ...., (year) as a
candidate for the office of director for a term of .... years. I

hereby declare that if I am elected, I will qualify for theoffice.
Dated ....
................... Signature of Candidate(c) The county clerk shall publish a sample ballot with
the question of formation and candidates for directors together
with any other ballot proposition at least once in a newspaperof general circulation in each county in which all or part ofthe proposed district is located, at least ten (10) businessdays prior to the election.
(d) No petitions for nomination shall be required in any
election for district director. Any eligible person wishing to
run for a special district office shall file an application forelection as specified in subsection (b) of this section.
(e) A county clerk receiving an application for election
shall determine whether the person seeking election is aneligible candidate.
22-29-111.

Formation and initial director election.

(a) The electors shall vote on the formation of the
district and for the initial directors. Votes for write-incandidates for director shall be permitted.
(b) The election shall be conducted under the direction of
the county clerk and shall be at the expense of the sponsors of
the proposed district. The sponsors may apply to the county for
financial help under W.S. 22-29-113(c). If the proposed
district is approved, and upon request of the sponsors or thecounty commissioners the special district shall reimburse thecost of the election.
(c) The formation of the district is approved if amajority of the votes cast on the proposition vote "for"formation.
(d) The county clerk shall conduct the election inaccordance with W.S. 22-29-113 through 22-29-116.
(e) An elector casting a ballot may vote for any director
candidate or other questions relating to the district,regardless of whether he voted against formation.

(f)Repealed By Laws 1998, ch. 115, § 5.

(g) If the proposition to form the district fails, thedirector candidacy questions are null and void.
(h) If the formation question is approved, the county
clerk shall send written notice of the formation to the publicfunds division of the department of audit within ten (10)business days of the canvass.
22-29-112.

Subsequent director elections.

(a) Subsequent director elections shall be held on thefirst Tuesday after the third Monday in March or on the Tuesday
next following the first Monday in May or November, as
determined by the district and shall accommodate staggered terms
as set forth in the principal act.
(b) All qualified electors are entitled to vote for theelection of directors at all district elections subsequent to
the formation election, called for the purpose of electing
directors.
(c) Not more than one hundred twenty (120) and not lessthan one hundred (100) days before the election, the secretaryof the district shall publish at least once in a newspaper ofgeneral circulation in each county in which all or part of the
district is situated, a proclamation setting forth the date of
the election, what district officer is the filing officer, what
offices are to be elected and the terms of office, the filing
period for the offices and other pertinent election information.
(d) Not more than ninety (90) nor less than seventy (70)days previous to the holding of a subsequent director election,
candidates for the office of trustees of special districts shallfile with the secretary of the district an application forelection in substantial conformance with the form set forth in
W.S. 22-29-110(b). The names of all qualified candidates sofiled shall be printed on the ballot.
(e) The name of all qualified candidates shall be
published in a newspaper of general circulation in each county
in which the district is located not later than ten (10)business days prior to the date of such election.

22-29-113.
elections.

General provisions relating to special district(a) In a special district election not held in conjunction
with a general or statewide special election, absentee voting
shall be conducted in accordance with rules promulgated by thesecretary of state under W.S. 22-29-114 which shall beconsistent with procedures for mail ballot elections.
(b) In a special district election the following rules
shall apply:(i) An elector casting a ballot may write in the nameof any person for a director office;(ii) The person or persons receiving the largest
number of votes is elected to office;(iii) Candidates for director offices shall not be
required to file campaign finance reports under W.S. 22-25-101
through 22-25-115.
(c) All special district elections which are not conductedin conjunction with any other election, shall be at the expenseof the district. Provided, however, any district may apply tothe county for financial help to cover election expenses. The
county commissioners, in their sole discretion, shall determine
whether the county provides election financial help to special
districts. For special district elections conducted inconjunction with other elections, the special district may berequired to pay only those expenses which are reasonably
attributable or allocable to the district's participation in theelection. The expenses shall not include any fixed costassociated with an election.
(d) Each year, each special district subject to this act
shall file with the county commissioners and county clerk a listof the names, addresses and terms of the current directors. The
filing deadline is the last day of April.
(e) No special registration shall be held for any election
authorized under this chapter. Any voter not otherwise
registered who makes an affidavit evidencing his qualifications
to vote is deemed registered for that election.
(f) In the event the establishment of a district shall
fail by protest as provided in W.S. 22-29-109(d), no action toestablish such district, or any part thereof, may again becommenced for a period of six (6) months. In the event theestablishment of the district shall fail as a result of being
defeated at a public election no action to establish such
district, or any part thereof, may again be commenced for aperiod of one (1) year.
(g) No informalities in the conduct of the formation or
related matters or subsequent director elections shallinvalidate the formation or election results if notice is given
substantially as provided in this chapter and the election isfairly conducted.
(h) The official ballot shall contain the following
information:(i)

The name of the district;(ii) The county or counties in which the district islocated and the date of the election;(iii) The number of offices to be filled, the lengthof term for each office, and the number and names of candidates
for each office for whom each voter is entitled to vote;(iv) Any ballot proposition upon which the electors
are required to vote.
(j) The names of candidates shall appear without party
designation, one (1) name to a line. Sufficient blank lines forwrite-in candidates shall be provided for each office.
(k) A tie vote shall be broken by lots cast by thecanvassing authority.
(m) All special district elections, including mail ballot
elections, shall be overseen by the county clerk in the county
wherein the special district exists. If the special district
exists in more than one (1) county, the county clerk of thecounty wherein the largest portion of the special district
exists shall oversee the election. The county clerk shalldetermine whether the election shall be conducted by the county
clerk or the special district, taking into account each special
district's expertise, manpower and ability to conduct anelection. "Oversee" as used in this subsection may include
training, advice or assistance but does not includeresponsibility for the actions, conduct or outcome of theelection unless the county clerk conducts the election.
22-29-114. Election procedures for elections other thanmail ballot elections; canvass, recount and contests.
(a) The secretary of state, after consultation with thecounty clerks, shall promulgate rules setting forth election
procedures for special districts to follow for the formation andsucceeding elections. These rules shall apply to mail ballot
elections but shall conform with W.S. 22-29-115 and 22-29-116.
These rules shall include the designation of polling places,
appointment of election judges, polling place hours, filing
periods, filing offices, ballot preparation, appointment of acanvassing board, term commencement, other provisions relating
to canvass, recount, contests and other election procedures.
(b) If the election is not held in conjunction withanother election which requires the polls to be kept open forother hours, it shall not be necessary to keep the polls open at
any election more than five (5) consecutive hours at any time
between the hours of 9:00 a.m. and 7:00 p.m. on the day of theelection, as set forth in the notice of election.
(c) The entire district, or any portion thereof designatedby the commissioners ordering the election, may constitute anelection precinct, as set forth in the notice of election.
(d) An elector shall vote only at the polling place forthe election precinct in which he resides. This subsection shallnot apply to mail ballot elections.
(e) Any special district election conducted by the county
clerk shall be canvassed by the county canvassing board or acanvassing board appointed by the county clerk, consisting of
two (2) electors and the county clerk. If more than one (1)county is involved, the election shall be canvassed inaccordance with chapter 16 of the Wyoming Election Code of 1973,
as amended, by a canvassing board drawn from the membership of
the appropriate county canvassing boards appointed by theappropriate county commissioners. The commissioners shall notify
the county clerks of the canvassing board appointments. Any
special district election not conducted by a county clerk shallbe canvassed by a special district canvassing board. The special
district canvassing board shall consist of the districtsecretary and two (2) electors appointed by the district board.
Any canvass shall be conducted in accordance with chapter 16 of

the Wyoming Election Code of 1973, as amended. The canvass shallbe conducted within seven (7) business days of the election. The
canvassing board shall have the authority to call for a special
election in accordance with W.S. 22-16-122. The canvassing board
shall:(i) Cause minutes of the meeting and an abstract ofthe votes to be compiled showing the following information:(A)

The total number of votes cast in theelection;(B) The number of votes received by each person
receiving votes at each polling place;(C) A statement of the offices to be filled anda declaration of the winners;(D)

The result of any ballot proposition.

(ii) Sign the abstract which then constitutes thecertification of the canvassing board and file the abstract withthe county clerk at the conclusion of the canvassing board
meeting.
(f) A candidate may request a recount of the vote inaccordance with W.S. 22-16-110.
(g) Any special district election may be contested inaccordance with chapter 17 of the Wyoming Election Code of 1973,
as amended.
22-29-115.
provisions.

Mail ballot elections; definitions; general(a) This section does not apply to a special district
election held in conjunction with a primary, general orstatewide special election. As used in W.S. 22-29-116:(i) "Election official" means the county clerk for a
formation election and a county clerk or district secretary forother elections;(ii) "Mail ballot election" means an election forwhich voters cast ballots in a special district election by mailand in accordance with this chapter;(iii) "Mail ballot package" means the packet of
information provided by the election official to voters eligible
to vote in the mail ballot election;(iv)"Transmit" means to mail or to personallydeliver.
(b) The secretary of state, after consultation with thecounty clerks, shall establish procedures for conducting mailballot elections.
(c) Regardless of the number of eligible voters within the
district, the county commissioners may order the formationelection to be a mail ballot election.
(d) Regardless of the number of voters within its
boundaries, a special district may, by rule or bylaw of its
governing body, conduct by mail ballot elections to enlarge,
withdraw, merge, consolidate, dissolve or such other election
required by the principal act. A special district may by rule orbylaw pay the return postage of mail and absentee ballots.
(e) Upon the adoption of the rule or bylaw to conduct anelection by the mail ballot procedure, each voter shall bemailed a mail ballot.
22-29-116.

Procedures for mail ballot elections.

(a) Mail ballot elections shall be overseen by the county
clerk as provided in W.S. 22-29-113(m). Official ballots shallbe prepared and all other preelection procedures followed asotherwise provided by law or rules promulgated by the secretaryof state, except that mail ballot packets shall be prepared inaccordance with the following:(i) No later than forty-five (45) days prior toelection day, the secretary of the special district shallrequest from the county clerk of each county in which thespecial district is located a list of qualified electors
residing within the affected district;(ii) No later than thirty (30) days prior to election
day, the county clerk of each county in which a special district
is located shall certify and submit to the election official alist of qualified electors residing within the affecteddistrict;(iii) No sooner than twenty-five (25) days and nolater than fifteen (15) days before an election, the election
official shall mail to each landowner who has filed a written
authorization and request for a mail ballot and to eachqualified elector entitled to vote in the mail ballot election,at the last address appearing in the registration records a mailballot packet, which shall be marked "DO NOT FORWARD-ADDRESSCORRECTION REQUESTED," or any other similar statement which isin accordance with United States postal service regulations;(iv)

The ballot shall contain the following warning:
WARNING

The criminal laws regulating the conduct of elections containedin chapter 26 of the Wyoming Election Code of 1973, as amended
apply with equal force to elections conducted by mail.
(v) No sooner than twenty-five (25) days and no later
than 4:00 p.m. on election day, mail ballots shall be madeavailable at the election official's office for voters entitledto vote in the election but who are not otherwise listed on the
county voter registration records if otherwise authorized tovote;(vi) A voter may obtain a replacement ballot if theballot was destroyed, spoiled, lost, or for some other reason
not received by the voter. In order to obtain a replacement
ballot, the voter must sign a sworn statement specifying thereason for requesting the replacement ballot. The statement
shall be presented to the election official no later than 4:00
p.m. on election day. The election official shall keep a recordof each replacement ballot issued in accordance with thissection together with a list of each ballot obtained pursuant tothis section. An election official shall not transmit a mailballot package under this section unless the application for the
replacement ballot is received on or before election day. 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 5:00 p.m. on election day;(vii) Upon receipt of a ballot, the voter shall markthe 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 official or any place designated by the official. The ballot
must be returned in the return-verification envelope. The ballot
shall be received at the office of the election official or thedesignated depository no later than 5:00 p.m. on election day;(viii) Once the ballot is returned, an election
official shall first qualify the submitted ballot by examining
the verification envelope and comparing the information on theenvelope to the poll list to determine whether the ballot was
submitted by a voter who has not previously voted in theelection. If the ballot so qualifies, and is otherwise valid,
the official shall enter the name of the registered voter in thepoll book, open the return-verification envelope and deposit theballot in an official ballot box;(ix) All deposited ballots shall be counted asprovided in this act and by rules promulgated by the secretaryof state. A mail ballot shall be valid and counted only if it isreturned in the return-verification envelope, the affidavit on
the envelope is signed and completed by the voter to whom theballot was issued and the information on the envelope isverified in accordance with paragraph (viii) of this subsection.
If the election official determines that a voter to whom areplacement ballot has been issued has voted more than once, theofficial shall not count any ballot cast by that voter.
(b) The election official responsible for conducting theelection shall provide a minimum of one (1) polling place on the
day of election which may be the election official's office or
the county clerk's office and shall be open for not less than
five (5) consecutive hours at any time between the hours of 9:00
a.m. and 7:00 p.m. as set forth in the notice of election.
22-29-117.

Change of district name.

(a) A district may change its name from the name given it
in the formation order of the county commissioners, or from thename under which it was otherwise organized, to a name chosen byresolution of a majority of the directors.
(b) The directors shall not adopt a resolution for a
district name change without publishing notice once of the
proposed name change in a newspaper of general circulation in
the county.
(c) All powers, rights, duties and obligations of a
district which has adopted a new name shall be continued underthe new name. All references to the prior name of the district
shall be considered references to the new name.
(d) A district changing its name shall immediately notify
the secretary of state if the principal act requires thatformation documents be filed with the secretary of state, thecounty treasurer, the county clerk and the county assessor ofeach county in which the district is situated.
22-29-118.

Directors; oath of office.

All directors, whether elected or appointed, shall, within ten(10) business days after notification of election or
appointment, take the oath of office provided in Wyoming
constitution, article VI, section 20, before an officer
authorized to administer oaths. The director shall also complete
the written oath and without delay transmit a copy of the oathin writing to the respective county clerks for the firstelection and to the secretary of the district thereafter.
22-29-119.
of interest.

District officers; meeting of board; conflict

Each year the board of directors shall as soon as they are
qualified elect a president, treasurer and secretary of the
district. The board of directors shall hold regular and may
hold special meetings as they determine. No trustee shall bedirectly interested financially in any contract, work done orproperty purchased by the district unless he has made full
public disclosure and the board has unanimously approved his
financial interest. A majority of directors constitutes a quorum
for the transaction of district business.
ARTICLE 2 - VACANCIES
22-29-201.

Vacancies.

(a) A director's office shall be deemed to be vacant upon
the occurrence of any one (1) of the following events prior to
the expiration of the term of office:(i) If for any reason a properly qualified person is
not elected to a director's office by the voters as required ata regular election;

(ii) If a person who was duly elected or appointed
fails, neglects or refuses to subscribe to an oath of office or
to furnish the bond as may be required in the principal act;(iii) If a person who was duly elected or appointed
submits a written resignation to the board of directors and theresignation has been duly accepted by the board of directors;(iv) If the person who was duly elected or appointed
ceases to be qualified for the office to which he was elected;(v) If a person who was duly elected or appointed isfound guilty of a felony;(vi) If a court of competent jurisdiction voids theelection or appointment or removes the person duly elected or
appointed for any cause whatsoever, but only after his right toappeal has been waived or otherwise exhausted;(vii) If the person who was duly elected or appointed
fails to attend three (3) consecutive regular meetings of theboard of directors without the board of directors having entered
upon its minutes an approval for at least one (1) of thoseabsences. This provision shall not apply to instances where
failure to attend the meetings was due to a temporary mental or
physical disability or illness;(viii) If the person who was duly elected or
appointed dies during his term of office;(ix) If declared vacant by the board of county
commissioners upon the failure of the district board to comply
with W.S. 9-1-507(a)(vii) on or before December 30 of that same
calendar year, after notice is given as provided by W.S.
9-1-507(j).
22-29-202.

Filling by appointment.

(a) A vacancy in a district director office shall befilled by appointment by a majority of the remaining directors.
However, if a vacancy exists in a majority of the offices of
director, or if a majority of the directors cannot agree on an
appointment, then notice of the vacancy shall be given to thecounty commission by either a district director or district
member. The county commission shall fill the vacancy within
thirty (30) days of being notified or by the time specified in
the principal act. If the county commission finds that a vacancy

exists in a majority of offices of director or that a majorityof the directors cannot agree on an appointment, the county
commission may fill the vacancy by acting on its own motion
without notice.
(b) All appointments shall be evidenced by an appropriate
entry in the minutes of the meeting at which the appointment was
made.
(c) An appointee to the office of director shall serve
until the office is filled following the next regular election.
The term of office of an appointee shall not be extended in any
manner beyond the term of office that the appointee wasappointed to fill. If a vacancy exists following a regularelection the vacancy shall be filled as provided in subsection(a) of this section.
(d) The appointed person before undertaking the duties ofoffice shall take an oath of office in accordance with W.S.
22-29-118.
(e) The term of office of an appointed director begins on
the day the appointee accepts the appointment unless the letterof resignation of the prior incumbent specifies a later date,
which date then shall be the beginning of the appointee's term.
(f) Any vacancy created by failure of the board to comply
with W.S. 9-1-507(a)(vii) shall be filled by appointment by theboard of county commissioners for the sole purpose of acting as
trustee to dissolve the district without election pursuant toW.S. 22-29-401 et seq.
ARTICLE 3 - ENLARGEMENT, CONSOLIDATION, MERGERAND CHANGE OF BOUNDARIES
22-29-301.

Enlargement petitions.

(a) When any voters or landowners of an area wish to joina district, they may file an enlargement petition with thecounty commissioners. Unless otherwise provided under thissubsection, the petition for enlargement may include provisions
allowing the board of district directors to be enlarged by one(1) or more positions to be filled by voters residing or locatedin the new area, the number of positions to be determined by thepetitioners and the district directors of the existing district.
Before the petition is filed with the county commissioners, it
shall be approved by the directors of the affected district andby any other agency also required by the principal act toapprove the petition. The petition process shall be governed by
W.S. 22-29-105 through 22-29-108. An election need not be held
on an enlargement petition if the petition alleges and thecounty commissioners find:(i) All landowners and all voters, if any, within the
new area and the board of directors of the district agree to theinclusion of the new area within the district.
(ii)

Repealed by Laws 2008, Ch. 22, § 2.

(b) W.S. 22-29-109 applies to the proceeding conducted by
the county commissioners and the rights, powers and duties ofpetitioners and other persons having an interest in theproceedings. The county commissioners shall approve ordisapprove the enlargement petition.
(c) Except as provided under subsection (a) of thissection, if the enlargement petition is approved, there shall be
an election which shall be conducted under this act. At theenlargement election, there shall also be elected temporary
directors whose terms shall expire at the next regular district
director election. At the first regular election following theenlargement election, the total number of directors shall be as
stated in the principal act.
22-29-302.

Merger of districts; effect.

(a) A district may merge with another district even if
formed under different principal acts, if the merger is first
approved by the county commissioners and approved by the votersof each district. The districts included in the merger shall beconsidered joined to and absorbed into the surviving district.
(b) If the merger is approved, the district directors andofficers of the merging districts shall transfer to thedirectors of the surviving district all funds, property,
contracts and records of the merging districts. Upon theeffective date of the merger:(i) The surviving district shall succeed to all theproperty, contracts, rights and powers of the merging districts,
and shall constitute and be a regularly organized district as if
originally organized in the manner provided by the principal
act;(ii) Uncollected taxes, assessments or charges leviedby the merging districts shall become the property of thesurviving district and upon collection shall be credited to theaccount of the surviving district; and(iii) The surviving district shall become liable forall the obligations, legal and contractual, of the merging
districts.
22-29-303.

Consolidation of districts; effect.

(a) Two (2) or more districts even if formed under
different principal acts may consolidate and form a new district
if the consolidation is first approved by the county
commissioners and approved by the voters. The districts includedin the consolidation shall be considered joined into a single
new district.
(b) If the consolidation is approved, the district
directors and officers of the consolidating districts shalltransfer to the directors of the successor district all funds,
property, contracts and records of the consolidating districts.
Upon the effective date of the consolidation:(i) The successor district shall succeed to all theproperty, contracts, rights and powers of the consolidating
districts, and shall constitute and be a regularly organized
district as if originally organized in the manner provided by
the principal act;(ii) Uncollected taxes, assessments or charges leviedby the consolidating districts shall become the property of thesuccessor district and upon collection shall be credited to theaccount of the successor district; and(iii) The successor district shall become liable forall the obligations, legal or contractual, of the consolidating
districts.
22-29-304.
election.

Initiation of merger and consolidation;(a) The voters of two (2) or more districts may initiate
proceedings to merge or consolidate districts by filing apetition with the directors of the districts to be merged orconsolidated. The petition shall be circulated and jointly
verified in accordance with W.S. 22-29-105 and 22-29-108 by thesecretaries of the districts involved. The petition shall state
the name of the surviving or successor district. If two (2) ormore districts planning to merge or consolidate have been formed
under two (2) different principal acts, the petition shall also
state under what principal act the merged or consolidated
district shall operate. The principal act under which the mergedor consolidated district shall operate may be different than theprincipal acts governing the original districts. In addition,
the petition of merger or consolidation shall set forthprovisions pertaining to the composition of the board of the new
district until the next district election. The board of the new
district may be composed of members of the combined boards. At
the next regular district election members shall elect a new
board. Thereafter the merged or consolidated board shall operatewith the number of directors applicable under the principal act.
(b) Upon the district secretary certifying the petition,
the directors of the districts shall order an election whichshall be conducted in accordance with W.S. 22-29-113 through22-29-117 and 22-29-305.
(c) Merger or consolidation may also be initiated byresolution adopted by the directors of two (2) or more
districts. The resolution shall contain all the matters required
to be stated in a petition to merge or consolidate. Upon the
adoption of these resolutions, the directors of the district
shall order an election which shall be conducted as provided insubsection (b) of this section.
22-29-305. Specific provisions relating to enlargement,
merger and consolidation elections.
(a) The elections effecting enlargement, merger orconsolidation shall be governed by the following specific rules:(i) For enlargement elections, the voters of both theexisting district and the area to be added shall be entitled tovote;(ii) For merger and consolidation elections, thevoters of all the affected districts shall be entitled to vote;(iii) If a majority of those voting in each districton the proposition favor the proposition, then it shall pass;(iv) For enlargement elections, if the voters of theexisting district have approved by election a mill levy tofinance the operation of the district, then the voters of thearea to be added shall also be required at the enlargement
election to approve the same mill levy. If a majority of thevoters in the area to be added voting on the proposition fails
to approve the mill levy, then the enlargement, whether or not
approved under paragraph (iii) of this subsection, shall fail.
This paragraph shall not apply to an enlargement in which noelection is required under W.S. 22-29-301(a);(v) For merger and consolidation elections, if thevoters of an existing district have approved by election a milllevy to finance the operations of the district and the other
district has no mill levy or a lower mill levy, the voters ofthat other district shall also be required at the merger orconsolidation election to approve a mill levy at the same level
as the existing district or increase an existing mill levy tothe same level as the existing district. If a majority of thevoters in the other district voting on the proposition fails toapprove or increase the mill levy as required, then the merger
or consolidation, whether or not approved under paragraph (iii)of this subsection, shall fail.
22-29-306. Rights of creditors after change oforganization; enforcement.
(a) No change of organization, or any term or condition
thereof, shall impair the rights of any bondholder or othercreditor of a district. Every bondholder or other creditor may
enforce all the rights of the bondholder or other creditor in
the same manner and to the same extent as if the change oforganization, term or condition had not been made. Any of theserights may also be enforced against agencies, and theirrespective officers, as follows:(i) Upon enlargement of the territory, against the
district to or from which the territory is enlarged;(ii) Upon dissolution of a district, against thesuccessor city, county or district or against a city, county or
district receiving distribution of all or any part of theremaining assets of the dissolved district;(iii) Upon merger of two (2) or more districts,
against the surviving district;(iv) Upon consolidation of two (2) or more districts,
against the successor district.

22-29-307. Change in boundaries of districts; exclusion ofproperty from district.
Any owner of property that is subject to assessment and paymentof tax by a special district, but who is precluded by applicablestate or federal law, rule or regulation from using the services
provided by the district, may file with the board of county
commissioners a petition praying that such lands be excluded
from assessment by said district. Petitions shall describe theproperty which the petitioners desire to have excluded. Suchpetition must be accompanied by a deposit of money sufficient to
pay all costs of the exclusion proceedings. The county
commissioners shall cause a notice of filing of such petition
to be published, which notice shall state the filing of such
petition, the name of petitioners, description of the property
mentioned in said petition, and the prayer of said petitioners;
and it shall notify all persons interested to appear at theoffice of said board at the time named in said notice, showing
cause in writing, if any they have, why said petition should not
be granted. The board at the time and place mentioned in thenotice, or at the times to which the hearing of said petition
may be adjourned, shall proceed to hear the petition and all
objections thereto, presented in writing by any person showing
cause why the prayer of the petition should not be granted. The
filing by such petition shall be deemed and taken as an assent
by each and all such petitioners to the exclusion from the
district of the property mentioned in the petition or any part
thereof. The exclusion shall be allowed if an owner of assessed
property is precluded by applicable state or federal law, rule,or regulation from using the services provided by the district.
This section shall be applicable only to petitions filed inaccordance with the provisions of this section on or before
March 31, 1999.
ARTICLE 4 - DISSOLUTION
22-29-401.
(a)Dissolution procedure.

Dissolution of a district may be initiated:(i) By a petition signed by not less than twenty-five
percent (25%) of the voters owning not less than twenty-five
percent (25%) of the assessed valuation of property within the
district, requesting dissolution of the district, filed with thecounty commissioners. The petition process shall be governed by
W.S. 22-29-105 through 22-29-108;

(ii) By resolution of the district directors filedwith the county commissioners when the district directors
determine that it is in the best interest of the inhabitants ofthe district that the district be dissolved and liquidated;(iii)

By resolution of the county commissioners if:(A)

Either:(I) The district at the time of the regular
district election has not elected district directors as requiredby the principal act; or(II)

The territory within the district isuninhabited; and(B) The county commissioners determine that it
is in the best interest of the people of the county that the
district be dissolved and liquidated.
(iv) Within five (5) business days after a petitionis filed or a resolution of a county commission is adopted under
this section, a copy shall be filed with the district secretary,
if any, or with any other district officer who can withreasonable diligence be located;(v) If there are no qualified district director
members, the county commissioners shall act as or appoint aboard of trustees to act in behalf of the district.
(b) Subject to subsection (c) of this section, dissolutionof a district shall be initiated by resolution of the board ofcounty commissioners if the director of the department of audit
has notified the board of county commissioners of the district's
failure to comply with the reporting requirements of W.S. 9-1507, and the district has failed to comply with W.S. 9-1507(a)(vii) by December 30 of that same calendar year. The boardof county commissioners shall declare the board of directors
vacant under W.S. 22-29-201, and shall fill the board byappointment under W.S. 22-29-202 for the purpose of dissolving
the district.
(c) A board of county commissioners may, by resolution,
reinstate a district or cease dissolution procedures required
under subsection (b) of this section in accordance with thefollowing:

(i) The district shall become compliant with therequirements of W.S. 9-1-507 by not later than April 1 of theyear following the calendar year in which the district fails tocomply with the annual reporting requirement under W.S. 9-1-507;(ii) Before a district is reinstated or before
dissolution procedures are ceased under this subsection, thedistrict shall provide a corrective action plan to the board ofcounty commissioners, which shall approve the plan submitted by
the district before proceeding under this subsection;(iii) No reinstatement of a district or cessation ofdissolution procedures shall occur unless the department ofaudit certifies to the board of county commissioners in writingthat the district has become compliant with the reporting
requirements of W.S. 9-1-507;(iv) A district reinstated under this subsection
shall be deemed to have never been dissolved;(v)

The board of county commissioners may:(A) Allow the district to proceed with the boardof directors appointed under subsection (b) of this section; or(B) Upon reinstatement, declare the board of
directors vacant under W.S. 22-29-201. Upon a declaration ofvacancy under this subparagraph, the board of county
commissioners shall fill the board by appointment under W.S. 2229-202.
22-29-402.

Findings of fact by district directors.

(a) When dissolution proceedings have been initiated, thedistrict directors shall make findings of fact which shall
include:(i) The amount of each outstanding bond, coupon andother indebtedness, with a general description of theindebtedness and the name of the holder and owner of each, if
known;(ii) A description of each parcel of real property
and interest in real property and, if the property was acquiredfor delinquent taxes or assessments, the amount of those taxes
and assessments on each parcel of property;

(iii) Uncollected taxes, assessments and charges
levied by the district and the amount upon each lot or tract ofland;(iv) A description of the personal property and of
all other assets of the district;(v)

The estimated cost of dissolution.

(b) The district directors shall propose a plan of
dissolution and liquidation.
(c) Within thirty (30) days after initiation of the
dissolution proceeding, the findings of fact and the proposedplan of dissolution and liquidation shall be filed in the officeof the county clerk and shall be available for inspection by any
interested person.
22-29-403.

Plan for dissolution and liquidation.

The plan of dissolution and liquidation may include provisions
for transfer and conveyance of all assets of the district to any
other district or to the county or counties where the district
is located which have the authority and agree to assume theoutstanding indebtedness of the dissolving district, if any, andto continue to furnish similar services to the inhabitants ofthe district.
22-29-404. Election on dissolution; consent of creditors;
content of notice.
(a) Within ten (10) business days after the district
directors file the plan of dissolution and liquidation requiredby W.S. 22-29-402, the district directors shall call an election
to be held not less than ninety (90) days nor more than one
hundred twenty (120) days after the filing of the plan of
dissolution or liquidation for the purpose of submitting to thevoters of the district the question of whether the district
shall be dissolved, its indebtedness liquidated and its assets
disposed of in accordance with the plan proposed. No election
shall be called until the consent of all known holders of valid
indebtedness against the district is obtained or provision ismade in the plan for payment of the nonconsenting holders. The
notice of the election shall contain a brief summary of the planof dissolution and liquidation and state that the plan ofdissolution is available for examination at the office of thecounty clerk.
(b) This election shall be conducted in accordance with
W.S. 22-29-113 through 22-29-117.
22-29-405. Trustees for dissolved district; records tocounty clerk; limitation on further elections.
(a) Upon canvassing the vote after the election, if itappears that a majority or more of the votes on the proposition
approve dissolution, the district directors shall declare the
district dissolved. The directors shall thereupon constitute aboard of trustees under the supervision of county commissioners,
who shall pay the debts or procure releases thereof and disposeof the property of the district. If the dissolved district was
located wholly within the limits of one (1) county, the board of
the dissolving district may designate the county commissioners
as the board of trustees for the purpose of winding up theaffairs of the district. If a majority of the votes cast on the
proposition is against dissolution, the district directors shalldeclare the proposal defeated and cause the result of the voteto be made a part of the records of the district. In either
case, the results of the election shall be certified to thecounty commissioners immediately after the canvass of the vote.
(b) If dissolution is approved after the affairs of the
district have been fully settled all books and records of the
district shall be deposited by the board of trustees in theoffice of the county clerk of the county in which the greatest
area of the district was located. At the same time, the board oftrustees shall execute under oath and file with the county
commissioners a statement that the district has been dissolved
and its affairs liquidated. From the date of the statement, thecorporate existence of the district is terminated for all
purposes.
(c) If a majority of the votes cast on the proposition areagainst dissolution, no further election for dissolution shallbe called by the directors, upon petition or upon a resolutionof the commissioners, prior to the expiration of one (1) year
from the date of the election on dissolution.
22-29-406.

Power of trustees to convey assets.

(a) The board of trustees may convey to another district
all assets of the dissolving district:

(i) If the other district assumes all debts andobligations of the dissolving district and undertakes tocontinue to furnish the service provided by the dissolving
district pursuant to the plan of dissolution and liquidation;and(ii) If the written consent of all the known holdersof valid indebtedness against the district has been obtained, or
provision has been made in the plan for payment of thenonconsenting holders.
22-29-407.

Disposition of assets.

(a) Any surplus funds remaining to the credit of the
district, after payment of the indebtedness of the district,shall be transferred to the county treasurer. If the assets ofthe district are insufficient to pay the indebtedness, the boardof trustees shall levy taxes, within the limits of the authorityof the district, for the liquidation of the indebtedness.
(b) Notwithstanding subsection (a) of this section, if theproperty of a district is located within the corporate limits ofa city, the property shall, upon dissolution of the district,vest in the city in which located and the property of the
district lying outside the corporate limits of any city shallvest in the county until the formation of a city embracing theterritory, at which time it shall vest in the city.
(c) In each year that the county receives surplus funds tothe credit of the district under subsection (a) of this section,
any funds in the account of the district on June 30, in excess
of six thousand dollars ($6,000.00) retained by the county foradministration, shall be certified to the county assessor andshall be disposed of as provided under one (1) of the following
procedures, as selected by the county assessor:(i) The funds may be offset against that portion of
the levies of taxing units levied against the property values ofproperty within the dissolved district. If the funds are offset
as provided under this paragraph, the funds shall be distributed
to each taxing unit in the amount of that taxing unit's offset;(ii) The amount may be credited to each property
appearing on the tax roll for the year for which the credit
applies within the dissolved district on the basis of current
assessed value. If the surplus funds are distributed under thisparagraph, the surplus funds shall be deposited in theunsegregated tax collections account established and distributedin the same manner as other funds in that account.
22-29-408.

Dissolution without election.

(a) The election required by W.S. 22-29-404 shall bedispensed with and the county commissioners shall declare the
district dissolved if the county commissioners find that:(i) Dissolution is in the interest of the people ofthe county; and(ii)

At least one (1) of the following:(A)
is uninhabited;

The territory within the affected district(B) The district has failed regularly to electdistrict board members in accordance with the principal act ofthe district; or(C) That the district is not active and that
there is no need for the district.
(b) The election required by W.S. 22-29-404 shall bedispensed with and the board of county commissioners shalldeclare the district dissolved if the director of the departmentof audit has notified the board of county commissioners of the
district's failure to comply with the reporting requirements ofW.S. 9-1-507, and the district has failed to comply with W.S.
9-1-507(a)(vii) by December 30 of that same calendar year.
ARTICLE 5 - CAMPAIGN PRACTICES
22-29-501.
(a)

Political action committees.

As used in this section:(i) "Political action committee" means any group of
two (2) or more persons organized and associated for the purposeof raising, collecting or spending money for the support or
opposition to any special district ballot proposition;(ii) "Special district ballot proposition" means any
election conducted under a principal act or this act, but
excluding director elections.

(b) A political action committee shall file a statement offormation within ten (10) business days after formation. The
chairman and treasurer of a committee shall be separate
individuals. The statement of formation shall list the name andmailing address of the committee, name and address of thecommittee chairman and treasurer, date the committee was formed
and the purpose of the committee.
The statement of formation
shall be filed in the office of the county clerk of the county
or counties in which the district is located or is to belocated.
(c) 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 action committee, directly or indirectly
through any officer, member, director or employee, shallcontribute funds, other items of value or election assistance toaid or promote the interests, success or defeat of any special
district ballot proposition. No person shall solicit or receive
a payment or contribution from an organization prohibited frommaking contributions under this subsection.
(d) The secretary of state shall prescribe and furnish theforms for reporting contributions and expenditures for special
district ballot proposition elections together with written
instructions for completing the form and a warning that
violators are subject to civil and criminal charges. The forms
along with instructions and warning shall be distributed to thecounty clerk and shall be given by the county clerk to eachpolitical action committee upon formation.
(e) Every political action committee shall file a fully
itemized statement of contributions and expenditures within ten(10) business days after any special district ballot proposition
election. The statement shall set forth the full and complete
record of contributions including cash, goods or services and of
actual and promised expenditures, including all identifiable
expenses as set forth in W.S. 22-25-103. The date of eachcontribution of twenty-five dollars ($25.00) 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 twenty-five
dollars ($25.00) shall be reported but need not be itemized.
Should the accumulation of contributions from an individual
exceed the twenty-five dollar ($25.00) threshold, allcontributions from that individual shall be itemized.

(f) It is unlawful for a political action committee to pay
for campaign literature or campaign advertising without
displaying or speaking a disclosure in accordance with W.S. 2225-110.
ARTICLE 6 - OFFENSES AND PENALTIES
22-29-601.

Violation of special district elections act.

The knowing and willful violation of any provision of thespecial district elections act is a misdemeanor offense
punishable by not more than six (6) months in jail, a fine of
not more than one thousand dollars ($1,000.00), or both.