Chapter 11 - Municipal Election Provisions
CHAPTER 11 - MUNICIPAL ELECTION PROVISIONS
ARTICLE 1 - OFFICES AND TERMS
15-11-101. When offices filled.
Theoffices specified in this article shall be filled by the vote of the residentsof a city or town at the general municipal election.
15-11-102. Officers of incorporated town; terms; how elected.
Theelective officers of an incorporated town are one (1) mayor and four (4)councilmen. The term of office of mayor and councilman is four (4) years, anduntil his successor is qualified. They are elected at large.
15-11-103. Officers of first class city; terms; how elected.
Theelective officers of a first class city, not including a city adopting thecommission or city manager form of government, are a mayor and the number ofcouncilmen determined by the governing body of the city when they provide forthe number of wards in the city. The term of office of the mayor and acouncilman is four (4) years and until his successor is qualified. The mayorshall be elected at large and the councilmen shall be elected at large or bywards or by a combination of at large and ward election districts. Thegoverning body of the city shall determine by ordinance at the time wards arecreated or reorganized whether individual, multimember or at large electiondistricts shall be provided. The districting system, as approved by the councilto apply uniformly to the entire city, may provide individual member electiondistricts, multimember election districts which do not exceed three (3) councilmembers per district, or that a portion of the entire membership of the councilnot to exceed one-third (1/3) of the total members shall be elected from an atlarge district constituting the entire city. Once established, the districts,except to modify boundaries because of population changes and to encompassannexed territory, shall not be altered or amended more often than each ten(10) years or when the state reapportions.
15-11-104. Officers in city or town with commission government; term;how elected.
Theelective officers of a city or town adopting the commission form of governmentare a mayor, a commissioner of finance and public property, and a commissionerof streets and public improvements. The term of the mayor is four (4) years andeach commissioner is two (2) years and until his successor is qualified. Theyare elected at large.
15-11-105. Officers in city or town with city manager government;terms; legislative authority; method of selection; alternative method.
(a) The elective officers of a city or town adopting the citymanager form of government are councilmen elected as provided by law. Thereshall be three (3) councilmen in cities and towns having a population of lessthan four thousand (4,000), seven (7) in those having a population of fourthousand (4,000) or more but less than twenty thousand (20,000) and nine (9) inthose having a population of twenty thousand (20,000) or more. The term ofoffice of a councilman is four (4) years and until his successor is qualified.Legislative authority is vested in the council.
(b) Councilmen in a municipality adoptingthe city manager form of government shall be elected at large, unless apetition requesting an alternate method of selection by wards, or by acombination of wards and at large, is approved at a special election on thequestion by a majority vote of the electors voting on the question:
(i) Such petition shall be signed by notless than ten percent (10%) of the qualified electors registered in themunicipality;
(ii) If the petition is for a combination ofwards and at large, it shall state the number of wards, the number ofcouncilmen to be elected from each ward, and the number of councilmen to beelected at large. A petition seeking ward representation or combination ofwards and at large shall contain the names of petitioners to serve on the wardboundary committee;
(iii) The petition shall be filed with thecity clerk, who shall determine whether the petition is legally sufficient;
(iv) If the petition is legally sufficient,the question shall be submitted to the voters at a special municipal electionand shall be in the following form:
1. Shall the city councilmen be electedat large? Yes No
2. Shall the city councilmen be electedby wards? Yes No
3. Shall the city councilmen be electedby a combination of wards and at large as follows:
(Here state the method of combinationrequested in the petition)
Yes No
(v) The method approved by a plurality voteshall be proclaimed adopted by the mayor. A copy of the proclamation shall bemailed to the county clerk and the secretary of state;
(vi) If representation by wards or acombination of wards and at large is adopted, ward boundaries shall bedetermined by a committee composed of the governing body and an equal number ofpetitioners designated in the petition, and adopted by ordinance of thegoverning body. The creation or elimination of wards shall take effect at thenext regular municipal primary and general elections;
(vii) If an alternate method of selectingcouncilmen is not adopted at the special election, the question shall not besubmitted to the voters within four (4) years after the election. If analternate method of representation is adopted at the special election, thequestion of changing the method of representation shall not be submitted to thevoters for ten (10) years after the special election.
15-11-106. Term of office subject to termination.
Theterm of any municipal elective office is subject to termination if a change ofthe form of municipal government necessitates a termination of an existing termof office.
ARTICLE 2 - TERMS OF OFFICE AFTER FIRST ELECTION
15-11-201. Councilmen in newly incorporated city or town.
Atthe first meeting of the council after the first election in a newlyincorporated city or town, other than a first class city or municipalityadopting the city manager or commission form of government, two (2) of thecouncilmen first elected shall be selected by lots to serve four (4) year termsand two (2) to serve two (2) year terms. At each subsequent general election,two (2) councilmen shall be elected to serve a four (4) year term.
15-11-202. Councilmen in first class city.
(a) At the first election in a city which has divided intowards two (2) or three (3) councilmen shall be elected from each ward for thefollowing terms:
(i) If two (2) councilmen are elected from each ward, one (1)councilman shall serve a two (2) year term and one (1) councilman shall serve afour (4) year term;
(ii) If three (3) councilmen are elected from each ward, one (1)councilman shall serve a two (2) year term and two (2) councilmen shall serve afour (4) year term;
(iii) The terms of office shall be determined by lots cast by thecouncil at its first meeting.
15-11-203. Municipality with commission government.
Atthe first election in a municipality adopting the commission form ofgovernment, the mayor shall be elected to serve a four (4) year term and allother officers shall be elected to serve a two (2) year term.
15-11-204. Municipality with city manager government.
Atthe first election in a municipality adopting the city manager form ofgovernment, a majority of the councilmen elected shall serve two (2) year termsand the balance of the councilmen elected shall serve four (4) year terms. Theterms of office shall be determined by lots cast by the council at its firstmeeting.
15-11-205. Election of councilmen in city manager government havingalternate method of representation.
Atthe first election in a city manager form municipality, after adopting analternate method of representation, councilmen shall be elected equal in numberto the number of council terms expiring. Offices expiring shall be filled bycandidates from wards having the lowest number designation and not having aholdover member on the council. At the second election, candidates will beelected from wards not having holdover members. Councilmen shall be elected forthe regular four (4) year term.
ARTICLE 3 - CHANGING FORM OF GOVERNMENT
15-11-301. Forms of government authorized; procedure for change.
(a) An incorporated city or town may adoptthe commission or city manager form of government or other lawful form ofgovernment as follows:
(i) An incorporated city or town shallsubmit to the vote of the electors the question whether to change the form ofgovernment on the petition of qualified electors residing in the city or townequal in number to fifteen percent (15%) of the number of electors voting atthe last preceding municipal general election;
(ii) A petition for a special election on thequestion of changing the form of government shall be filed with the city clerkat least one hundred twenty (120) days prior to the next regular municipalprimary election;
(iii) A petition for change of the form ofgovernment may not be filed within four (4) years after the existing form ofgovernment was established;
(iv) When such petition is filed anddetermined by the city clerk to be legally sufficient, the mayor shall proclaima special election on the question stating the present form of government, theproposed new form of government, and the time of the election. The proclamationshall be published at least once a week for four (4) consecutive weeks in anewspaper of general circulation in the city or town;
(v) The special election on the question ofchange of the form of government shall be held not less than thirty (30) daysnor more than sixty (60) days after the petition is filed;
(vi) Such special election shall be conductedin the manner prescribed by W.S. 22-23-801 through 22-23-809;
(vii) If the majority of votes cast are infavor of the proposed new form of government, the municipality shall at thenext municipal primary and general elections nominate and elect officers underthe new form of government. When the officers are elected and qualified, themunicipality shall be governed by the new form of government;
(viii) Immediately after the special electionon the question of change of form of government, the mayor shall certify theresult of the election to the county clerk and the secretary of state.
15-11-302. Rejection of change by voters.
If a change of form of government isrejected by the voters at the special election, the question shall not beresubmitted to the voters for a period of four (4) years following the specialelection.