Chapter 17 - Contests
CHAPTER 17 - CONTESTS
22-17-101. Right to contest elections; exception; grounds.
(a) A qualified elector may contest the right of a persondeclared elected to an office in the elector's county, municipality, districtor precinct, other than the office of state legislator, United States presidentand vice-president and presidential elector, on the following grounds:
(i) Misconduct or material negligence of anelection official which affected the result of the election;
(ii) The person whose election is contestedis not eligible to hold the office;
(iii) The person whose election is contestedoffered to give a bribe to a voter or election official to procure hiselection;
(iv) Illegal votes were counted or legalvotes were not counted;
(v) The person whose election is contestedviolated 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 and allgeneral election offices other than state legislators, United States presidentand vice-president and presidential elector, may be commenced by the contestantfiling with the clerk of the district court of the county, within fourteen (14)days after the results of the election have been certified by the canvassingboard, a verified petition setting forth specifically:
(i) The name of the contestant and that heis a registered elector in the county, district or precinct in which the officeis to be exercised;
(ii) The name of the person whose election isbeing contested;
(iii) The office;
(iv) The grounds for the contest.
22-17-103. Summons; conduct of suit.
Summonsshall be issued against the person whose election is being contested and uponthe election official responsible for conducting the election. The suit shallbe conducted as a civil action and shall be considered for an expedited docket.
22-17-104. Judgment for costs.
Ifthe proceedings in an election contest are dismissed for insufficiency, or wantof prosecution, or if the election is confirmed by the court, judgment shall berendered for costs against the party contesting the election and in favor ofthe party whose election was contested. If the election is annulled and setaside for grounds stated in W.S. 22-17-101(a)(ii), (iii) or (v), judgment forcosts shall be rendered against the party whose election was contested and infavor of the party contesting the election. If the election is annulled and setaside for the grounds stated in W.S. 22-17-101(a)(i) or (iv), judgment andcosts shall be rendered against the county.
22-17-105. Ballot propositions contestable; nature of action.
Aballot proposition which may by law be submitted to a vote of the people of acounty, city or town, district, or other political subdivision may be contestedby a petition of five (5) registered electors of the county, city or town,district or other political subdivision filed in the district court of thecounty not later than fifteen (15) days after the results of the election havebeen certified by the canvassing board. A ballot proposition contest is a civilaction.
22-17-106. Grounds for contesting ballot propositions.
(a) A ballot proposition may be contestedfor any of the following reasons:
(i) Misconduct or material negligence of anelection official which affected the result of the election;
(ii) The election result was influenced by abribe;
(iii) Illegal votes were counted or legalvotes were not counted.
22-17-107. Defense of contested ballot proposition.
(a) A contested ballot proposition shall bedefended by the following officers:
(i) Statewide proposition - attorneygeneral;
(ii) Countywide proposition - countyattorney;
(iii) Municipal proposition - municipal attorney;
(iv) School or community college district orother special district proposition - the appropriate school board, communitycollege board or special district governing body.
22-17-108. Court judgment in contests.
Ajudgment of the court in an election contest shall confirm or annul theelection or declare elected a qualified candidate receiving the highest numberof legal votes, or declare the result of the election on each contested ballotproposition. The election of a candidate receiving the highest number of legalvotes but disqualified for any other legal reason shall be declared null andvoid and a vacancy will be declared to exist. For offices to be filled by morethan one (1) candidate, the election shall not be declared null and void butthe qualified candidates receiving the highest number of legal votes shall bedeclared elected.
22-17-109. Contesting election of state legislator; generally.
Theelection of a member of the state legislature may be contested by a registeredelector of the legislator's county or district, upon any of the groundsspecified by law for the contest 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 authorizedto provide its own rules for resolving contests of its members.
22-17-110. Contesting election of state legislator; commencement.
Acontest of the election of a member of the state legislature shall be commencedwithin thirty (30) days after his election has been certified by the statecanvassing board by serving him personally or at his mailing address with anotice of intent to contest setting forth the grounds for the contest. A copyof that notice must be filed by the contestant with the secretary of statewithin thirty (30) days after the contested member's election has beencertified by the state canvassing board.
22-17-111. Contesting election of state legislator; taking ofdepositions.
Ina contest of the election of a member of the state legislature, depositions maybe taken by either party after service of the notice of intent to contest.Depositions shall be taken as in a civil action and the officer takingdepositions has the power to compel the attendance of witnesses and theproduction of papers, objects, and other evidence, by subpoena.
22-17-112. Contesting election of state legislator; handling ofdepositions by secretary of state; additional depositions.
(a) A copy of a notice to take a depositionwith proof of service, and the deposition, shall be sealed and mailed to thesecretary of state by the person requesting the deposition with an endorsementshowing the names of the contesting parties, the legislative office contested,and the nature of the papers. The secretary of state shall then deliver eachsuch 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 takeadditional depositions and subpoena and examine witnesses.
22-17-113. Contesting election of state legislator; legislativedetermination final.
Adetermination by either house of the legislature of the result of an electioncontest affecting one (1) of its members is final and conclusive and is notsubject to judicial review.
22-17-114. Contesting election of president, vice-president orpresidential elector.
The election of a United States president andvice-president candidate, or presidential elector, shall only be contested,presented to and tried before the Wyoming legislature under joint rules of thehouse of representatives and senate. Such a contest may be initiated by aWyoming elector by filing notice with the legislature through the legislativeservice office no later than five (5) days after the election is certified bythe state canvassing board. The contest shall only be brought on the groundsprovided by W.S. 22-17-101(a)(i) or (iv). A determination of the contest by thelegislature is final and conclusive and is not subject to judicial review.