Chapter 2 - General Provisions
CHAPTER 2 - GENERAL PROVISIONS
22-2-101. Applicability and construction of Election Code generally.
(a) Chapters 1 through 28 of this ElectionCode apply to the following elections:
(i) General elections;
(ii) Primary elections;
(iii) Special elections to fill vacancies inthe office of representative in congress;
(iv) County elections;
(v) Municipal elections;
(vi) School and community college elections;
(vii) Bond, mill levy and political subdivision tax elections;
(viii) Any special election;
(ix) Election of supervisors of a soil conservation district ina county whose board of county commissioners has, on or before May 1 of anyyear, adopted a resolution to make this Election Code apply;
(x) Elections held under chapter 29 of this title if:
(A) The special district principal act is silent on the matter;and
(B) Chapter 29 of this title and rules promulgated pursuant tothat chapter are silent on the matter.
(b) This Election Code shall be construed sothat all legally qualified electors may register and vote, that those who arenot qualified shall not vote, and that fraud and corruption in elections shallbe prevented.
22-2-102. Repealed By Laws 1998, ch. 100, 5.
22-2-103. Chief election officers.
Thesecretary of state is the chief election officer for the state and shallmaintain uniformity in the applications and operations of the election laws ofWyoming. Each county clerk is the chief election officer for the county.
22-2-104. Election dates.
(a) A general election shall be held in all the precincts ofthis state on the Tuesday next following the first Monday in November of eacheven-numbered year.
(b) A primary election shall be held at the regular pollingplaces in each precinct on the first Tuesday after the third Monday in Augustin general election years for the nomination of candidates for partisan andnonpartisan offices to be filled at the succeeding general election and for theelection of major party precinct committeemen and committeewomen.
(c) A May town election as authorized by W.S. 22-23-202 shallbe held on the first Tuesday after the first Monday in the month of May everytwo (2) years.
(d) Every bond election shall be held on the same day as aprimary election or a general election, or on the first Tuesday after the firstMonday in May or November, or on the first Tuesday after the third Monday inAugust.
(e) The election of members of the board of trustees of eachschool district and community college district shall be held in each districton the first Tuesday after the first Monday in November in general electionyears.
22-2-105. Terms of office and offices voted on at general elections.
(a) The terms of office and offices voted onat general elections are as follows:
(i) Two Year Term. -At every generalelection 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 in 1974 and inevery fourth (4th) year thereafter, there shall be elected the followingofficers: one (1) governor, one (1) secretary of state, one (1) statetreasurer, one (1) state auditor, one (1) superintendent of public instruction,county clerks, county treasurers, county assessors, county coroners, county andprosecuting attorneys, district attorneys, sheriffs, clerks of the districtcourt. At every general election there shall be elected the necessary member ormembers of the Wyoming senate and county commissioners. The question ofretention of a circuit court judge or a magistrate of the circuit court shallbe submitted:
(A) For a circuit court judge, to the electorate of allcounties within the circuit;
(B) For a magistrate required by law to stand for retention, tothe electorate of the county wherein the magistrate serves.
(iii) Six Year Term. -At the generalelection in 1976 and in every sixth year thereafter, there shall be elected one(1) United States senator for the term next ensuing. At the general electionin 1978 and every sixth year thereafter there shall be elected one (1) UnitedStates senator for the term next ensuing. At each general election theretention of district judges for unexpired balances of or new six (6) yearterms shall be submitted to the electorate of the several judicial districts,as necessary;
(iv) Eight Year Term. -At every generalelection to the retention of a justice or justices of the Wyoming supreme courtfor unexpired balances of or new eight (8) year terms shall be submitted to theelectorate of the entire state as necessary.
22-2-106. Election of presidential and vice-presidential electors.
Atthe general election in 1976 and every fourth year thereafter, there shall beelected the number of electors of president and vice-president of the UnitedStates to which the state is entitled.
22-2-107. When elected state and county officers assume offices.
Allstate and county officers elected at a general election shall assume theiroffices on the first Monday in January next following their election.
22-2-108. Secretary of state to certify officers to be elected.
Betweenthe twenty-fourth day of April and the third day of May in each generalelection year, the secretary of state shall transmit to the county clerk ofeach county a certified list stating what officers, other than county andprecinct 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) daysbefore each primary election the county clerk in each county shall publish atleast once in a newspaper of general circulation in the county and post in thecounty clerk's office and at the place where each municipality within thecounty regularly holds its council meetings a proclamation setting forth thedate of the election, the offices to be filled at the election including theterms of the offices, the number of persons required by law to fill theoffices, the filing deadline for the offices and the requirements for filingstatements of campaign receipts and expenditures. The proclamation shall alsoinclude the aforementioned information regarding offices to be filled at thegeneral election and any other pertinent primary election information. Inaddition, the description of any ballot proposition submitted to the voters ofthe state, a political subdivision thereof, county or other district shall beincluded.
(b) Between forty-five (45) and thirty-five (35) days beforeeach general election the county clerk in each county shall publish at leastonce in a newspaper of general circulation in the county and post in the countyclerk's office and at the place where each municipality within the countyregularly holds its council meetings a proclamation setting forth the date ofthe election, the offices to be filled at the election including the terms ofthe offices, the number of persons required by law to fill the offices, therequirements for filing statements of campaign receipts and expenditures, andany other pertinent general election information. In addition, the legislativedescription of each proposed constitutional amendment, or other ballotproposition submitted to the voters of the state, a political subdivisionthereof, county or other district shall be included.
(c) Minor errors in any proclamation shallnot invalidate the forthcoming election.
22-2-110. Computing periods of time.
(a) Periods of time are computed by excluding the specific dayand counting the prescribed number of days, including Saturdays, Sundays andfull legal 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, Sundayor full legal holiday shall be used. If the last day of a time period falls ona Saturday, Sunday or full legal holiday, the next day which is not a Saturday,Sunday or full legal holiday shall be used.
(b) When used to compute periods of time:
(i) "Not later than" is computedby counting the prescribed number of days;
(ii) "Not less than" is computed bycounting the prescribed number of days and adding one (1) additional day to thecomputed time.
22-2-111. Employees time off to vote.
(a) Any person entitled to vote at any primary or general electionor special election to fill a vacancy in the office of representatives in thecongress of the United States is, on the day of such election, entitled toabsent himself from any service or employment in which he is then engaged oremployed for a period of one (1) hour, other than meal hours, the hour being atthe convenience of the employer, between the time of opening and closing of thepolls. Such elector shall not, because of so absenting himself, lose any pay,providing he actually 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.
Theoffice of county clerk shall remain open for election business on election dayduring normal hours of election operations. With prior notice to the public theoffice of county clerk may be closed to all nonelection business except therecording of documents.
22-2-113. Availability and form of registry lists; use of copies;election record; purging.
(a) The secretary of state shall furnish at a reasonable priceregistry lists to any candidate for a political office in the state,candidate's campaign committee, political party central committees andofficials thereof, elected officials, political action committees, individualspromoting or opposing a ballot issue or candidate and to organizations whichpromote voter participation. The county clerks may elect to furnish the listsand, if they do so, shall make them available to all on an equal basis. Alllists are for political purposes only and are not available for commercial use.The lists shall be in the form of printouts, mailing labels, tapes or otherelectronic format as available. The lists may be reproduced for politicalpurposes.
(b) Repealed by Laws 1991, ch. 243, 5.
(c) Information copied from campaignreceipts and expenditure reports filed by state and local candidates may beused 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 anddissemination of such records shall be in accordance with the Wyoming PublicRecords Act. Election records containing social security numbers, portions ofsocial security numbers, driver's license numbers, birth dates, telephonenumbers, tribal identification card numbers and other personally identifiableinformation other than names, gender, addresses and party affiliations are notpublic records and shall be kept confidential. When necessary, members of thecounty or state canvassing boards may access confidential information forpurposes of this code but shall maintain its confidentiality.
(e) The county clerks shall purge and update voter registrationinformation on the voter registration system not later than the fifteenth dayof February 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. Restrictions on holding more than 1 elected public office.
Noperson may hold an elective public office in any governmental entity whicheither provides any funding for or receives any funding from anothergovernmental entity in which that person holds elected public office. If aperson also is elected to a public office while holding another public officesuch that this section is applicable, the person shall resign from the publicoffice first held prior to assuming the new office.
22-2-117. Vote required for election; ratification.
(a) Partisan and nonpartisan candidates who receive the largestnumber of votes for each office to be filled at the general election areelected.
(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 ifthe majority of those casting ballots on that proposition vote in favor of suchproposition.
(d) A proposed amendment to the constitution of the state ofWyoming submitted by a two-thirds (2/3) vote of each of the houses of the statelegislature or a proposed new constitution submitted by a constitutionalconvention shall be placed on the ballot at the next general election and shallbe ratified if approved by a majority of the electors voting at the nextgeneral election.
(e) If votes in an amount in excess of fifty percent (50%) ofthose voting in the general election are cast in favor of adoption of aninitiated measure, the proposed law shall be enacted, and the secretary ofstate shall so certify. The act shall become effective ninety (90) days aftercertification.
(f) If votes in an amount in excess of fifty percent (50%) ofthose voting in the general election are cast in favor of rejection of an actreferred, the act is rejected, and the secretary of state shall so certify. The act rejected by referendum is void thirty (30) days after certification.
22-2-118. Distribution of necessary supplies.
Prior to an election the county clerk shalldistribute to the judges of election for each precinct all necessary supplies,including a sufficient number of ballots and voter registration forms.
22-2-119. Qualified elector may vote.
Except as specifically provided otherwise aperson may vote only if he is a qualified elector and only in the precinct inwhich he resides.
22-2-120. Distribution of copies of Election Code.
The secretary of state, not later than thefirst of July in general election years, shall distribute copies of theElection Code to county clerks. The county clerk shall furnish copies of theElection Code to municipal clerks and election officials.
22-2-121. Chief election officer to prepare forms; rules; advice.
(a) In carrying out his responsibilities under title 22, thesecretary of state shall prepare:
(i) Written directives and instructions relating to and basedon the election laws;
(ii) Sample copies of prescribed and suggested forms;
(iii) Advice or request from the attorney general's officeadvisory opinions on the effect of election laws and their application,operation and interpretation.
(b) The secretary of state shall promulgate such rules as arenecessary to maintain uniform voting and vote counting procedures and orderlyvoting.
(c) The secretary of state shall have the authority to issue adirective to the county election officers necessary to ensure voterregistration and elector participation when a uniformed services or emergencypersonnel elector could not otherwise vote.
(d) The secretary of state is authorized to adopt rules andregulations necessary to comply with the requirements of the Help America VoteAct of 2002, Public Law 107-252, including a state-based administrativecomplaint procedure, which shall not be subject to the Wyoming AdministrativeProcedure Act.
(e) The secretary of state is authorized to adopt rules andregulations necessary to comply with the requirements of the Military andOverseas Voter Empowerment Act of 2009, P.L. 111-84, and shall have theauthority to issue directives to county election officers necessary to ensurecompliance with the act. Directives authorized under this subsection mayinclude:
(i) That ballots be available for Uniformed and OverseasCitizens 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 andOverseas Citizens Absentee Voting Act voters.