Chapter 23 - Municipal Elections
CHAPTER 23 - MUNICIPAL ELECTIONS
ARTICLE 1 - GENERAL PROVISIONS
22-23-101. Laws governing; costs.
Unlessotherwise specifically provided, a municipal election shall be governed by lawsregulating statewide elections. The municipality holding any election shall paythe actual costs of the election, or an equitably proportioned share of aconcurrent election as determined by the county clerk.
22-23-102. Qualifications of municipal officers.
Allmunicipal offices are nonpartisan, and municipal officers shall be qualifiedelectors 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 nearlyequal in population as possible.
(b) Except as provided in subsection (c) of this section, aperson shall not be a candidate for the council from a ward for the purpose ofmeeting residency requirements for the city ward, unless he has been a residentof that ward for at least one (1) year next preceding his election.
(c) In any general election year in which city wards areredrawn but not enacted into law at least one (1) year prior to the applicablefiling periods, a person may be a candidate for a ward 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) yearnext preceding his election.
(d) A person seeking election from a ward as provided undersubsection (c) of this section, including a councilman whose term otherwisewould expire as a result of completing his term of office, shall be a residentof the ward at the time he takes office.
(e) Following the redrawing of ward boundaries, a councilmanwhose term of office does not expire following the next general election shallcontinue to serve until the completion 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 Repealed By Laws 1998, ch. 100, 5.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. 22-23-202municipal primary and general elections are held at the same time, in the samemanner, at the same polling places, and are conducted by the same precinctofficials, using the same poll lists, as the statewide primary and generalelections.
(b) Only voters residing in precincts withina municipality may vote in its elections.
22-23-202. Optional mode of election for towns; procedures by charterordinance.
(a) Any municipality may, by charter ordinance enacted pursuantto article 13, section 1(c) of the Wyoming constitution, elect not to conductits elections for office or for municipal ballot propositions in the samemanner as statewide elections, in which case the charter ordinance shall at aminimum provide:
(i) The manner in which notice of electionsshall be given;
(ii) The procedure by which candidates shallbe nominated for office, and by which vacancies in nomination are to be filled;
(iii) The date, time and place of the electionwhich shall be held on the Tuesday next following the first Monday in the monthof May every two (2) years;
(iv) The manner in which precinct officialsand a canvassing board shall be appointed;
(v) That the municipal clerk is responsible for:
(A) Determining if a person seekingnomination is a qualified candidate;
(B) Preparing the ballots in substantiallythe same form as the general election nonpartisan ballot;
(C) Designating polling places;
(D) Otherwise conducting the election.
(vi) That the municipality shall bear the expense of theelection;
(vii) The manner in which election results are certified andpersons receiving the highest number of votes are notified.
(b) Those matters not otherwise provided for in a charterordinance shall be governed by chapters 1 through 21, 23, 25 and 26 of thisElection Code.
22-23-203. Repealed By Laws 1998, ch. 100, 5.
22-23-204. Certification and printing of ballot propositions.
Amunicipal ballot proposition to be voted on at a general election shall becertified 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 ballotby the county clerk unless state law provides otherwise.
ARTICLE 3 - NOMINATIONS
22-23-301. Municipal officers.
All candidates for municipal office shallbe nominated at the municipal primary election. In order to be eligible, a candidatemust be a registered voter and a resident of the municipality and ward which heseeks to represent on the day the petition is filed, and shall not be anemployee of the municipality. As used in this section, the term"employee" includes only those persons receiving an hourly wage orsalary from a municipality. A person who provides volunteer services to amunicipality shall not be considered an "employee" under this sectionbased solely upon coverage under the Wyoming Worker's Compensation Act or otherpension, death or disability program.
22-23-302. Filing fee; petition form.
Notmore than ninety-six (96) days and not later than eighty-one (81) dayspreceding the municipal primary election, each candidate for a municipal officeshall pay a nonrefundable filing fee of twenty-five dollars ($25.00) and signand file with the municipal clerk a petition in substantially the followingform:
State of Wyoming )
) ss
County of .... )
I, ...., the undersigned, swear or affirmthat I was born on ...., ....(year), and that I have been a resident of theState of Wyoming since ...., residing at ...., and that I am a registered voterof Election District No. ...., Precinct No. ...., in Ward No. ...., in the Cityof ...., and the State of Wyoming as of the closing of the municipal clerk'soffice on the day this petition is filed, do hereby petition and request thatmy name be printed upon the Official Municipal Primary Ballot at the nextprimary election as a candidate for the office of ..... I hereby declare thatif nominated and elected I will qualify for the office.
Dated: ......
.............(Signatureof Candidate)
..................(ResidenceAddress)
22-23-303. Certification of candidates; names on ballots.
Notlater than sixty-eight (68) days prior to the primary election, the municipalclerk shall certify to the county clerk the names of all qualified candidatesfor nomination at the municipal primary election and the office they seek andshall print the names on the primary election ballot. The number of municipalcandidates the voters are entitled to vote for at the primary election is thenumber of candidates to be elected to municipal offices at the generalelection.
22-23-304. Ballot form.
Thecounty clerk shall prepare the municipal primary ballot as provided in chapter6 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. Candidates nominated; certificate of nomination.
Thecandidates equal to twice the number to be elected to each office who receivethe highest number of votes are nominated to run for the office at the nextgeneral election and shall be issued a certificate of nomination by the countyclerk. A write-in candidate shall not be nominated and shall not be entitled tohave his name printed on the ballot for the next general election unless hereceived at least three (3) votes.
22-23-308. Vacancies in nomination.
(a) A vacancy in nomination for a municipaloffice to be filled at a general election occurs if:
(i) A candidate nominated at a primaryelection declines to accept the nomination, dies, moves his residence from hisconstituency or becomes disqualified to hold the office for any reason providedby 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 the municipalclerk notifying the person who received the next highest number of votes at themunicipal primary election as shown on the official county canvass, or, if noother candidate exists, the vacancy in nomination may be filled by thegoverning 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 ofall qualified candidates who have accepted nomination by write-in vote andthose nominated by the governing body and the office they seek. The names shallbe printed on the general election ballot.
ARTICLE 4 - GENERAL MUNICIPAL ELECTION
22-23-401. Preparation of ballots and voting machine labels; cost.
Thecounty clerk shall prepare ballots which shall be in substantially the sameform as the general election nonpartisan ballot, and voting machine ballotlabels for the municipal general election. The name of every candidate legallyqualified to appear on the ballot and all municipal ballot propositions to bevoted on at the election shall be printed thereon. The cost of preparing themunicipal ballots shall be determined by the county clerk and paid by the municipality.
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 of office of a person elected at the municipal generalelection commences on the first Monday in January following the generalelection.
22-23-405. Constitutional oath required.
Beforeentering his duties, a person elected to a municipal office shall sign and filewith 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, 4.
22-23-502. Renumbered as 15-11-102 By Laws 1998, ch. 100, 4.
22-23-503. Renumbered as 15-11-103 By Laws 1998, ch. 100, 3.
22-23-504. Renumbered as 15-11-104 By Laws 1998, ch. 100, 4.
22-23-505. Renumbered as 15-11-105 By Laws 1998, ch. 100, 4.
22-23-506. Renumbered as 15-11-106 By Laws 1998, ch. 100, 4.
22-23-507. Repealed By Laws 1998, ch. 100, 5.
ARTICLE 6 - TERMS OF OFFICE AFTER FIRST ELECTION
22-23-601. Renumbered as 15-11-201 By Laws 1998, ch. 100, 4.
22-23-602. Renumbered as 15-11-202 By Laws 1998, ch. 100, 3.
22-23-603. Renumbered as 15-11-203 By Laws 1998, ch. 100, 4.
22-23-604. Renumbered as 15-11-204 By Laws 1998, ch. 100, 4.
22-23-605. Renumbered as 15-11-205 By Laws 1998, ch. 100, 4.
ARTICLE 7 - CHANGING FORM OF GOVERNMENT
22-23-701. Renumbered as 15-11-301 By Laws 1998, ch. 100, 4.
22-23-702. Renumbered as 15-11-302 By Laws 1998, ch. 100, 4.
ARTICLE 8 - SPECIAL ELECTIONS
22-23-801. "Special election" defined.
Asused in this article, including W.S. 22-23-801 through 22-23-809, the term"special election" means a municipal election on any question whichmay legally be submitted to the voters of a municipality other than at aregular municipal primary or general election or an election on the question ofwhether to incorporate.
22-23-802. Proclamation; supplementation of advertisement.
Thedate of a special election and the location of polling places shall beproclaimed by the governing body of the municipality not more than thirty (30)nor less than fifteen (15) days before the special election. The proclamationshall state the purpose of the election and shall be published at least twicein a newspaper of general circulation in the municipality. The advertisementmay be supplemented by the county or municipality as provided by W.S.22-20-104(b).
22-23-803. Polling places; election judges.
Thegoverning body shall designate sufficient polling places to permit convenientvoting and shall designate a sufficient number of qualified electors residentin the municipality to serve as judges of election. The judges of election at amunicipal special election shall discharge the same duties as the judges ofelection at a regular statewide election.
22-23-804. Ballots.
Themunicipal clerk shall provide ballots for the special election and shalldeliver to each precinct polling place ballots equal in number to the number ofelectors registered in the precinct plus twenty-five percent (25%).
22-23-805. Poll lists.
Precinct poll lists for the specialelection shall be obtained by the municipal clerk from the county clerk andshall be paid for by the municipality. The municipal clerk shall furnish copiesof the precinct poll lists to the judges of election. A copy of the precinctregistry list shall be posted at each precinct polling place during the specialelection.
22-23-806. Entries in and delivery of pollbook; elector not on lists.
The judges of election shall make the sameentries in the pollbook as are required for statewide elections. Following theelection the pollbook shall be delivered to the municipal clerk. If the name ofa person offering to vote at a special municipal election is not on the polllists, he may qualify to vote by signing an affidavit and if a judge ofelection 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.
Afterthe polls are closed, the judges of election shall count the vote and certifythe result in writing to the municipal clerk.
22-23-808. Canvassing vote; tie vote.
Thegoverning body of the municipality shall meet not later than three (3) daysafter the election at the time specified by the mayor to canvass the result ofthe special election. A tie vote shall be broken by lots cast by the governingbody.
22-23-809. Certification of election results.
Thegoverning body shall certify the result of the special election in writing andimmediately post a copy of the certification in the office of the municipalclerk. The municipal clerk shall mail a copy of the proclamation to the countyclerk.
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 election ofofficers to serve until successors are qualified following the next regularlyscheduled election. Such special election shall not be held within ninety (90)days prior to a primary election.
(b) Following completion of incorporation,persons who petitioned the board of county commissioners for incorporation maypetition the county clerk, in writing, to hold a special election for theelection of officers. Immediately upon receipt of a petition, the county clerk,in consultation with the petitioners, shall set the date for the election andshall conduct the election in accordance with law.
22-23-902. Application; filing fee; form; names on ballot.
(a) Candidatesfor office shall file an application for election and the required filing fee,with the county clerk, not more 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 APPLICATION
State of Wyoming )
) ss
County of .... )
I, ....,being .... years of age, a qualified elector of Election District No. ....,Precinct No. ...., Ward No. .... (if applicable), in the City of ...., State ofWyoming, do hereby request that my name be printed upon the Official SpecialMunicipal Election Ballot for the special election to be held on ....,....(year), in the City of ...., as a candidate for the office of .... . Ihereby declare that if elected I will qualify for the office.
Dated the .... day of ...., ....(year)
.... (Signature ofCandidate)
.... (ResidenceAddress)
(b) The county clerk shall place the name ofeach qualified 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 acommission form of government may propose a municipal ordinance by aninitiative petition signed by ten percent (10%) of the qualified electorsregistered in the city or town and filed with the municipal clerk. The petitionshall contain the proposed ordinance, the signatures and residence addresses ofelectors signing the petition, and the date of signing the petition. Apetition proposing an ordinance must be submitted to the municipal clerk withinten (10) months of the date of the first signature supporting the petition.
22-23-1002. Determining validity of petition; certification.
Assoon as an initiative petition is filed, the municipal clerk shall determinewhether it contains sufficient legal signatures. If the petition is legallysufficient, the clerk shall immediately certify it to the governing body of themunicipality.
22-23-1003. Adoption by governing body or submission to electors.
Anordinance proposed by a valid initiative petition shall either be adopted withintwenty (20) days by the governing body or submitted to a vote of the municipalelectors at a special election to be held not more than sixty (60) nor lessthan twenty (20) days thereafter, unless the primary or general municipalelection occurs within ninety (90) days, in which case the measure shall besubmitted at the primary or general election.
22-23-1004. Adoption by electors; repealing or amending.
(a) If a majority of the qualified electorsvoting on the question vote in favor of a proposed initiative ordinance, it isadopted and may not be repealed or amended except by a majority vote of thequalified electors of the municipality.
(b) The municipal governing body may submitto a vote of the people at a special election or a regular municipal, primaryor general election, the question of repealing or amending an ordinance adoptedby initiative petition.
22-23-1005. Ordinance adopted by governing body subject to referendumvote.
Anordinance adopted by a municipal governing body shall be subject to areferendum vote if a petition signed by ten percent (10%) of the qualifiedelectors registered in the city or town is filed with the municipal clerk notlater than twenty (20) days after the ordinance is first published afteradoption as provided by law. The referendum petition shall set forth theordinance in full and shall contain the signatures and residence addresses ofpersons signing the petition.
22-23-1006. Legal sufficiency of referendum petition.
Themunicipal clerk shall determine if the referendum petition meets therequirements of W.S. 22-23-1005, and if he finds a petition legally sufficient,he shall certify it to the governing body who shall suspend the ordinance.
22-23-1007. Partial repeal of ordinance subject to referendum;acceptance or rejection by electors.
Ifthe governing body does not entirely repeal an ordinance subject to referendum,it shall submit the question to the electors of the municipality in the samemanner as an ordinance proposed by initiative petition. If a majority of theelectors voting on the question favor rejection, the ordinance shall not becomeeffective. If a majority of the electors voting on the question do not favorrejection, the ordinance shall become effective after the vote is canvassed.