Chapter 5 - Nominations
CHAPTER 5 - NOMINATIONS
ARTICLE 1 - GENERAL PROVISIONS
22-5-101. How candidates nominated.
Nominationsof candidates for all offices filled at a general election, except school andcommunity college district offices and special district offices, may be made byprimary election, by petition for nomination as an independent candidate asprovided in W.S. 22-5-301 through 22-5-308 or by convention as provided in W.S.22-4-303 and 22-4-406.
22-5-102. Eligibility to be a candidate for state legislature;residency.
(a) For the purpose of meeting residency requirements of theWyoming constitution, a person shall not be a candidate for the statelegislature from a legislative district unless he has been a resident of thatlegislative district for at least one (1) year next preceding his election. Inany general election year in which a plan of legislative districts is requiredbut has not been enacted into law at least one (1) year prior to the applicablefiling periods, a person may be a candidate for the state legislature from alegislative district if he:
(i) Is a resident of the legislative district on the date hefiles an application under W.S. 22-5-204 or a petition under W.S. 22-5-301; and
(ii) Has been a resident of a county for at least one (1) yearnext preceding his election in which any portion of that legislative districtis located.
22-5-103. Limits on ballot access; state offices.
(a) Notwithstanding any other provision ofWyoming law, the secretary of state or other authorized official shall notcertify the name of any person as the nominee or candidate for the officesought, nor shall that person be elected nor serve in that office if thefollowing will occur:
(i) The person, by the end of the currentterm of office will have served, or but for resignation, would have servedeight (8) or more years in any sixteen (16) year period in the office for whichthe candidate is seeking nomination or election, except, that any time servedin that particular office prior to January 1, 1993, shall not be counted forpurposes of this term limit. This provision shall apply to the offices ofgovernor, secretary of state, state auditor, state treasurer, and statesuperintendent of public instruction.
(ii) Repealed By Laws 2005, ch. 241, 1.
(iii) Repealed By Laws 2005, ch. 241, 1.
22-5-104. Repealed By Laws 2005, ch. 241, 1.
22-5-105. Scope of limitations.
Theterm limits and ballot access restrictions set forth above shall apply only tothe specific office referenced in which the person previously served. It isnot the intent that this act preclude or prohibit a person from seekingnomination or election to any other office for which the referenced term limitor ballot access restriction is not applicable.
22-5-106. Severability.
Ifany part of this measure or the application to any person or circumstance isheld invalid, the invalidity shall not affect other provisions or application,which reasonably can be given effect without the invalid provision or applications.
ARTICLE 2 - NOMINATION BY PRIMARY ELECTION
22-5-201. Repealed By Laws 1998, ch. 100, 5.
22-5-202. Major political party participation; separate ballots; sametime.
Majorpolitical parties shall participate in the primary election and each shall havea separate party ballot. The primary election of major political parties shallbe held at the same time and at the same polling places and shall be conductedby the same election officials.
22-5-203. Nonpartisan judicial offices; separate ballot; same time.
(a) Repealed By Laws 2004, Chapter 42, 2and Chapter 94, 4.
(b) A separate ballot shall be used for thenonpartisan primary election which shall be held at the same time and at thesame polling places and shall be conducted by the same election officials asthe partisan primary election.
22-5-204. Application for nomination or election; party registration;form.
(a) Repealed by Laws 1991, ch. 243, 5.
(b) An eligible person seeking nomination or election for apartisan office shall be registered in the party whose nomination he seeks andshall file an application in substantially the following form:
APPLICATIONFOR NOMINATION OR ELECTION BY PARTY PRIMARY
State of Wyoming )
) ss
County of .... )
I, ...., swear or affirmthat I was born on ...., ....(year), that I have been a resident of the stateof Wyoming since ...., and that I am a registered voter of Election DistrictNo. ...., in Precinct No. ...., residing at ...., in County of ...., (if forthe office of state senator or representative) in Senate (House) District ....,state of Wyoming, and registered as a member of .... party, and I herebyrequest that my name be printed upon the official party ballot at the nextprimary election as a candidate for the office of ...., and hereby declare thatif nominated and elected, I will qualify for the office.
Dated the .... day of...., ....(year).
.....................(Signature)
............(Residence Address)
(c) A nomination application that is required to be filed withthe secretary of state may be electronically filed as provided under W.S.9-2-2501 if the application is accompanied by the proper filing fee.
22-5-205. Nomination application form for nonpartisan office.
(a) An eligible person seeking nomination for a nonpartisanoffice must file an application in substantially the following form:
APPLICATIONFOR NOMINATION BY NONPARTISAN PRIMARY
State of Wyoming )
) ss
County of .... )
I, ...., swear or affirmthat I was born on ...., that I have been a resident of the State of Wyomingsince ...., and that I am a registered voter of .... County, residing at ....,and that I am eligible to be elected to such office, and I hereby request thatmy name be printed upon the official nonpartisan ballot at the next primaryelection as a candidate for the office indicated below as follows:
(Name of office).
I am seeking (1)the regular term or (2) the unexpired term which terminates on the .... day of...., ....(year).
Dated this ....day of ...., ....(year).
....................... Signature
(b) A nomination application that is required to be filed withthe secretary of state may be electronically filed as provided under W.S.9-2-2501 if the application is accompanied by the proper filing fee.
22-5-206. Where nomination applications to be filed.
(a) Nomination applications for United States senators andrepresentatives in congress, state offices, members of the legislature, circuitcourt judges, and state district court judges shall be filed in the office ofthe secretary of state.
(b) Other applications, including district attorneys, shall befiled in the office of the county clerk of the county in which the personfiling for nomination resides.
22-5-207. Furnishing of application forms.
Thesecretary of state and county clerks shall provide the application formrequired to be filed in their respective offices.
22-5-208. Filing fees; exception.
(a) Applications shall be accompanied by thefollowing fees:
(i) Twenty-five dollars ($25.00) for theoffices of state senator, state representative, district attorney and for theoffices to be voted for by electors wholly within a county;
(ii) Two hundred dollars ($200.00) foroffices to be voted for by electors of the entire state.
(b) No application is valid unless the feeis paid.
(c) A filing fee shall not be required of candidates forspecial district director, school district trustee, community college trustee,precinct committeeman or precinct committeewoman.
22-5-209. Time for filing nomination applications; certified list.
An application for nomination shall befiled not more than ninety-six (96) days and not later than eighty-one (81)days next preceding the primary election. Not later than sixty-eight (68) daysbefore a primary election the secretary of state shall transmit to each countyclerk a certified list of persons whose applications have been filed in theoffice of the secretary of state stating as to each his name, age, address,office sought and party affiliation.
22-5-210. Repealed By Laws 1998, ch. 100, 5.
22-5-211. Repealed By Laws 1998, ch. 100, 5.
22-5-212. When declaration of party affiliation required.
An elector requesting a major party ballotmust declare his party affiliation, or sign an application for change ofaffiliation before he may receive a party ballot. An elector may vote only thenonpartisan ballot and if so, is not required to declare his party affiliation.Requesting a partisan primary election ballot constitutes a declaration ofparty affiliation. A change in declaration of party affiliation shall beentered on the poll list by the election judge.
22-5-213. Entry in pollbook.
The judges of election shall check or enterin the pollbook the name of each elector voting in the primary election and hisparty affiliation, if declared. An elector voting only a nonpartisan ballotshall be entered in the pollbook as an unaffiliated voter.
22-5-214. Change in party affiliation.
An elector may change his party affiliationby completing an application signed before a notarial officer or electionofficial, and filing it with the county clerk not later than thirty (30) daysbefore the primary election or at the polls on the day of the primary orgeneral election, or when requesting an absentee ballot.
22-5-215. Nomination of partisan candidates and write-in candidates.
Oneach party ballot the candidate or candidates equal in number to the number tobe elected to each office who receive the largest number of votes shall benominated and shall be entitled to have their names printed on the ballot forthe next general election. A write-in candidate shall not be nominated andshall not be entitled to have his name printed on the ballot for the nextgeneral election unless he received at least twenty-five (25) write-in votes.An unsuccessful candidate for office at a primary election whose name isprinted on any party ballot may not accept nomination for the same office atthe next general election.
22-5-216. Nomination of nonpartisan candidates.
Subject to additional requirements of this section, foreach nonpartisan office the candidates equal in number to twice the number tobe elected to the office, who receive the largest number of votes, shall benominated and shall be entitled to have their names printed on the nonpartisanballot for the next general election. An elector may vote for no more than thenumber of candidates to be elected for each nonpartisan office.
22-5-217. Repealed By Laws 1998, ch. 100, 5.
22-5-218. Election of major party precinct committeemen andcommitteewomen.
Thecandidates equal in number to the number of offices to be filled receiving thegreatest number of votes on each party ballot for the offices of major partyprecinct committeeman and committeewoman shall be deemed elected.
22-5-219. Further action by nominees or elect not required; exception.
(a) Candidates nominated and major party precinct committeemenand committeewomen elected at a primary election shall be deemed nominated orelected without further action. In addition, each write-in candidate nominatedor elected at a primary election shall comply with the provisions of W.S.22-16-106.
(b) Repealed By Laws 1998, ch. 100, 5.
22-5-220. Withdrawal of nomination application restricted.
Acandidate may withdraw a nomination application prior to the primary electiononly by filing a written withdrawal in the filing office in which he filed hisapplication for nomination. If a candidate withdraws after the party ballotsare finalized and approved for printing by a county clerk in any county wherethe candidate's name will appear on the party ballot, the county clerk shallnot be required to remove the candidate's name from the party ballot, but shallpost a notice at each polling place announcing that the named candidate haswithdrawn from nomination for the office designated.
ARTICLE 3 - NOMINATION BY PETITION
22-5-301. Independent partisan candidates; form.
(a) Independent candidates for partisan public offices may benominated by filing a signed petition in substantially the following form:
PETITIONFOR NOMINATION
I, ...., swear or affirm that I was born on...., ....(year), that I have been a resident of the State of Wyoming since...., and that I am a registered voter of Election District No. ...., inPrecinct No. ...., County of ...., residing at ...., (if for the office ofstate senator or representative) in Senate (House) District ...., State ofWyoming, and having obtained the number of signatures required by law fornomination by petition, I hereby request that my name be printed on theofficial ballot at the next general election as an independent candidate forthe office of .... and declare that if nominated and elected, I will qualifyfor the office.
Dated the .... day of ...., ....(year).
.......................(Signature)
...............(Residence Address)
The eligible, registered electorssupporting my nomination, and numbering not less than two percent (2%) of thetotal number of votes cast for Representative in Congress at the last generalelection in the political subdivision for which this petition is filed, are asfollows:
(Signature) (PrintedName) (Residence) (Date)
1. ------------------------------------------------------
2. ------------------------------------------------------
VERIFICATIONBY CIRCULATORS
I, ...., do hereby certify that I am acirculator of this petition, and I solely and personally circulated thispetition, that all the signatures appearing herein were made in my presencefrom .... (month) .... (day), ....(year) through .... (month) .... (day),....(year), and to the best of my knowledge and belief such signatures arethose of the persons whose names they purport to be.
...............(Signature)
........(ResidenceAddress)
22-5-302. Unsuccessful primary candidates precluded.
Anunsuccessful candidate for office at a primary election, whose name is printedon any party ballot, may not seek nomination by petition for the same office atthe next general election.
22-5-303. Restrictions on sponsors of independent candidates.
Thename of a political group sponsoring an independent candidate shall not containthe name or any derivation of the name of any political party recognized underWyoming law.
22-5-304. Qualifications and number of signers required.
Apetition shall be signed by registered electors, resident in the legislativedistrict or other district or political subdivision in which the petitionerwill be a candidate, and eligible to vote for him, numbering not less than twopercent (2%) of the total number of votes cast for representative in congressin the last general election for the political subdivision or legislativedistrict for which the petition is filed.
22-5-305. When petitions may be circulated; use of copies;requirements.
(a) A petition shall be circulated forsignatures only during the calendar year in which the election for the officesought is to be held.
(b) Copies of the petition may be circulatedfor signatures, but each separate page shall contain the information requiredto be contained in the original petition for nomination.
(c) An elector signing a petition must alsowrite his name, date and the residence address after his signature.
(d) The name of one (1) voter signed to morethan one (1) petition for nomination to the same office shall not be counted onmore than one (1) petition.
22-5-306. Where petitions to be filed; fee.
(a) Petitions for nomination of independentcandidates shall be filed in the office prescribed for nomination by primaryelection for such office.
(b) Petitions must be accompanied by thesame fee required for the same office of candidates seeking nomination byprimary election. A petition not accompanied by the fee is not valid.
22-5-307. Time for filing independent petitions.
Petitionsfiled with the secretary of state and with the county clerk shall be filed notless than seventy (70) days before a general election.
22-5-308. Determining validity of petitions.
Thesecretary of state, or county clerk shall determine from the official list ofregistered electors whether sufficient valid signatures have been obtained onpetitions filed in his office.
ARTICLE 4 - VACANCIES IN NOMINATION
22-5-401. Vacancies in nomination for major parties; procedure forfiling generally.
(a) The vacancy in nomination which occurs if a major partycandidate, between primary and general elections, dies, is disqualified to holdthe office for which nominated, or files a withdrawal or rejection ofnomination with the office where the candidate filed for nomination forelection, shall be filled by certificate filed with the office which shallstate:
(i) The cause of vacancy and name of theformer nominee;
(ii) The name, age, place of residence, postoffice address and qualifications of the successor nominee; and
(iii) The office and term for which nominated.
(b) The certificate shall be prepared andfiled by:
(i) The state central committee of thepolitical party of the former nominee for a partisan office to be voted for bythe electors of the entire state;
(ii) The county central committee of thepolitical party of the former nominee for a partisan office to be voted for bythe electors of a county or a subdivision thereof, except as provided inparagraph (iv) of this subsection;
(iii) Repealed By Laws 2004, Chapter 42, 2and Chapter 94, 4.
(iv) For nominees for the state legislature,the state central committee of the political party of the former nominee for apartisan office shall:
(A) Notify the precinct committeemen andcommitteewomen for that party for each precinct within the legislative districtof the vacancy and arrange a meeting of those precinct committeemen andcommitteewomen at which a successor nominee shall be selected by them. Thestate central committee of each party may delegate the authority to call ameeting under this subparagraph;
(B) Prepare and file the certificaterequired under subsection (a) of this section.
(c) Repealed by Laws 1985, ch. 204, 2.
(d) Notwithstanding subsections (a) and (b)of this section, the vacancy in nomination created by failure of the qualifiedwrite-in nominee to accept nomination shall remain vacant.
(e) A candidate may withdraw only by filing a writtenwithdrawal in the filing office in which he filed his application fornomination. If a candidate withdraws after the ballots are finalized andapproved for printing by a county clerk in any county where the candidate'sname will appear on the ballot, the county clerk shall not be required toremove the candidate's name from the ballot, but shall post a notice at eachpolling place announcing that the named candidate is not the party's nomineefor the office designated.
(i) Repealed By Laws 1998, ch. 100, 5.
(ii) Repealed By Laws 1998, ch. 100, 5.
(iii) Repealed By Laws 1998, ch. 100, 5.
22-5-402. Procedure after ballots and labels printed.
(a) If any major, minor or provisional party vacancy is filledafter official ballots are finalized and approved for printing by a countyclerk in any county where the candidate's name will appear on the ballot, thecounty clerk shall not be required to add the new candidate's name to theballot.
(i) Repealed By Laws 1998, ch. 100, 5.
(ii) Repealed By Laws 1998, ch. 100, 5.
(iii) Repealed By Laws 1998, ch. 100, 5.
22-5-403. Vacancies in nomination for minor and provisional parties;withdrawal restricted.
(a) Any vacancy in nomination which occursif a minor or provisional party certified candidate dies, is disqualified tohold the office for which nominated or files a withdrawal or rejection ofnomination may be filled by a certification from the state party chairman andstate party secretary.
(b) A candidate may withdraw only by filing a writtenwithdrawal in the filing office in which he filed his application fornomination. If a candidate withdraws after the ballots are finalized andapproved for printing by a county clerk in any county where the candidate'sname will appear on the ballot, the county clerk shall not be required toremove the candidate's name from the ballot, but shall post a notice at eachpolling place announcing that the named candidate is not the party's nomineefor the office designated.
(i) Repealed By Laws 1998, ch. 100, 5.
(ii) Repealed By Laws 1998, ch. 100, 5.
(iii) Repealed By Laws 1998, ch. 100, 5.
ARTICLE 5 - VALID WRITE-IN CANDIDATES
22-5-501. Qualifying as a write-in candidate.
(a) Each person requesting to have all votes cast for him as awrite-in candidate counted, shall file an application for candidacy togetherwith the appropriate filing fee with the appropriate filing officer not laterthan two (2) days after the election in which the person desires to have thewrite-in votes counted.
(b) Write-in votes which affect the outcome of an electionshall continue to be canvassed as provided in W.S. 22-16-103.