Chapter 21 - Bond Elections
CHAPTER 21 - BOND ELECTIONS
ARTICLE 1 - POLITICAL SUBDIVISIONS
22-21-101. Political Subdivision Bond Election Law.
Thischapter including W.S. 22-21-101 through 22-21-112, shall be known as the"Political Subdivision Bond Election Law," and each election requiredby law to authorize the issuance of bonds shall be conducted under theprovisions hereof, except that statewide bond elections shall be conducted asprovided in W.S. 22-21-201.
22-21-102. Repealed By Laws 1998, ch. 100, 5.
22-21-103. How bond question to be submitted to electors; contents.
Each bond question shall be submitted to avote of the qualified electors of the political subdivision. Every bondelection shall be 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. If calling theelection in May, the body political subdivision shall by March 1, providewritten notification to the county clerk, specifying the date of the electionand the bond question. If the political subdivision specifies the date of theelection to be a primary or general statewide or other August or Novemberelection, then the political subdivision shall provide notice to the countyclerk not less than one hundred ten (110) days before the election if for aprimary or other August election, and not less than seventy (70) days beforethe election, if for a general or other November election. The bond questionshall state the purpose of the bonds, the maximum principal amount thereof, themaximum number of years allowed for the indebtedness and the maximum rate ofinterest to be paid thereon. The secretary of state may promulgate reasonablerules for conducting bond elections where the election is not held at the sametime as the general or primary election.
22-21-104. Publication or posting of election notice; contents.
Thecounty clerk shall publish notice of the election at least once in a newspaperof general circulation in the political subdivision not less than thirty (30)nor more than forty (40) days before the election. If there is no newspaper ofgeneral circulation in the political subdivision, notice shall be posted ateach polling place in the political subdivision not less than thirty (30) normore than forty (40) days before the election. Any notice of election hereundershall specify the name of the political subdivision, the date, time and placeof election, the question or questions to be submitted, and the fact that onlyqualified electors of the political subdivision may vote thereon. If a bondelection is being held within a political subdivision at the same time andplace as a regular or other election, the notice of bond election may, at thediscretion of the county clerk, be combined with and given in the same manneras the notice of the regular or other election in such political subdivision.
22-21-105. Election districts.
Thepolitical subdivision may be divided by the governing body into convenientsubdivisions for the purpose of such election or the governing body may adoptthe election districts and precincts established for general or otherelections.
22-21-106. Errors.
Noerror in any election on the creation of an indebtedness shall invalidate theelection, unless it is determined that the error would change the result.
22-21-107. Contests; procedure.
Anyfive (5) qualified electors of the political subdivision may contest anelection on the question of the creation of an indebtedness upon filing in thedistrict court of any county in which the political subdivision is wholly orpartially located, within fourteen (14) days after the result of the electionshall have been determined, a petition alleging an error that would change theresult of the election, in like form as in other cases of contested electionsin the district court. The political subdivision shall be made defendant, andprocess shall be served upon the clerk of the governing body or other chiefclerical officer as in other civil actions. No civil action contesting theresults of such an election or alleging election errors may be commenced afterthe expiration of such fourteen (14) day period.
22-21-108. Who is entitled to vote.
Anyqualified elector in the political subdivision shall be entitled to vote on thebond question in person or by absentee ballot, in the precinct in which he isregistered, as provided by law.
22-21-109. Supplies; regulations; costs.
Thecounty clerk may utilize voting machines or electronic voting systems at anybond election and may prescribe the form of ballot label, the duties ofelection officials, and other reasonable regulations pertaining thereto. Thepolitical subdivision holding the bond election shall pay the actual costs ofthe election or an equitably proportioned share of a concurrent election, asdetermined by the county clerk.
22-21-110. Ballot canvass; results certified; declaration; effect ofdefeat.
Immediatelyafter the closing of the polls, the counting board shall proceed to count theballots. The results disclosed by the count shall be certified by the countingboard to the clerk of the political subdivision. If the majority of the ballotscast on a bond question is in favor of the issuance of the bonds, the proposalshall be approved, and the governing body of the political subdivision, in themanner provided by law, shall then proceed to declare the results of saidelection, and complete the printing, execution, advertising, and sale of thebonds, but if the majority is opposed to such issuance, the proposal to issuebonds for the same general purpose shall not again be submitted to election withina period of twelve (12) months or as otherwise provided by law.
22-21-111. Authority granted.
Nothingherein contained shall be construed as authorizing any type of project or theissuance of bonds for any purpose not otherwise authorized by the lawsspecifically applicable to the political subdivision in question.
22-21-112. Effect on prior bond elections.
Thisact shall have no effect on any bond election heretofore conducted, and anybonds authorized at such an election which have not been delivered may be soldand 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 onthe same days as authorized for bond elections under W.S. 22-21-103. Astatewide bond election shall be conducted as nearly as possible in the samemanner as a general election.
(b) The proclamation of such an electionshall be published as provided in W.S. 22-2-109. No other notice of suchelection need be published.
(c) Precincts may be consolidated for thepurpose of any special election held under this section at the discretion ofthe county clerk. Three (3) judges shall be appointed for the polling place ineach precinct in such special elections, and additional judges may be appointedif deemed necessary by the county clerk.
(d) The question submitted at such a bondelection shall be deemed adopted, if a majority of the electors voting thereonapprove the proposition.