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The Wyoming Constitution

Wyoming · constitution

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Contents: 316 provisions
  1. Article 1, Section 1 Power inherent in the people.
  2. Article 1, Section 2 Equality of all.
  3. Article 1, Section 3 Equal political rights.
  4. Article 1, Section 4 Security against search and seizure.
  5. Article 1, Section 5 Imprisonment for debt.
  6. Article 1, Section 6 Due process of law.
  7. Article 1, Section 7 No absolute, arbitrary power.
  8. Article 1, Section 8 Courts open to all; suits against state.
  9. Article 1, Section 9 Trial by jury inviolate.
  10. Article 1, Section 10 Right of accused to defend.
  11. Article 1, Section 11 Self-incrimination; jeopardy.
  12. Article 1, Section 12 Detaining witnesses.
  13. Article 1, Section 13 Indictment.
  14. Article 1, Section 14 Bail; cruel and unusual punishment.
  15. Article 1, Section 15 Penal code to be humane.
  16. Article 1, Section 16 Conduct of jails.
  17. Article 1, Section 17 Habeas corpus.
  18. Article 1, Section 18 Religious liberty.
  19. Article 1, Section 19 Appropriations for sectarian or religious societies or institutions prohibited.
  20. Article 1, Section 20 Freedom of speech and press; libel; truth a defense.
  21. Article 1, Section 21 Right of petition and peaceable assembly.
  22. Article 1, Section 22 Protection of labor.
  23. Article 1, Section 23 Education.
  24. Article 1, Section 24 Right to bear arms.
  25. Article 1, Section 25 Military subordinate to civil power; quartering soldiers.
  26. Article 1, Section 26 Treason.
  27. Article 1, Section 27 Elections free and equal.
  28. Article 1, Section 28 Taxation; consent of people; uniformity and equality.
  29. Article 1, Section 29 Rights of aliens.
  30. Article 1, Section 30 Monopolies and perpetuities prohibited.
  31. Article 1, Section 31 Control of water.
  32. Article 1, Section 32 Eminent domain.
  33. Article 1, Section 33 Compensation for property taken.
  34. Article 1, Section 34 Uniform operation of general law.
  35. Article 1, Section 35 Ex post facto laws; impairing obligation of contracts.
  36. Article 1, Section 36 Rights not enumerated reserved to people.
  37. Article 1, Section 37 Constitution of United States supreme law of land.
  38. Article 1, Section 38 Right of health care access.
  39. Article 1, Section 39 Opportunity to hunt, fish and trap.
  40. Article 2, Section 1 Powers of government divided into three departments.
  41. Article 3, Section 1 Composition and name of legislature.
  42. Article 3, Section 2 Members' terms and qualifications.
  43. Article 3, Section 3 Legislative apportionment.
  44. Article 3, Section 4 Vacancies. [Repealed.]
  45. Article 3, Section 5 When members elected and terms begin.
  46. Article 3, Section 6 Compensation of members; duration of sessions.
  47. Article 3, Section 7 Time and place of sessions.
  48. Article 3, Section 8 Members disqualified for other office.
  49. Article 3, Section 9 Compensation not to be increased during term.
  50. Article 3, Section 10 Presiding officers; other officers;
  51. Article 3, Section 11 Quorum.
  52. Article 3, Section 12 Rules, punishment and protection.
  53. Article 3, Section 13 Journals.
  54. Article 3, Section 14 Sessions to be open.
  55. Article 3, Section 15 Adjournment.
  56. Article 3, Section 16 Privilege of members.
  57. Article 3, Section 17 Power of impeachment; proceedings.
  58. Article 3, Section 18 Who may be impeached.
  59. Article 3, Section 19 Removal of officers not subject to impeachment.
  60. Article 3, Section 20 Laws to be passed by bill; alteration or amendment of bills.
  61. Article 3, Section 21 Enacting clause of law.
  62. Article 3, Section 22 Limitation on time for introducing bill for appropriation.
  63. Article 3, Section 23 Bill must go to committee.
  64. Article 3, Section 24 Bill to contain only one subject, which shall be expressed in title.
  65. Article 3, Section 25 Vote required to pass bill.
  66. Article 3, Section 26 How laws revised, amended or extended.
  67. Article 3, Section 27 Special and local laws prohibited.
  68. Article 3, Section 28 Signing of bills.
  69. Article 3, Section 29 Legislative employees.
  70. Article 3, Section 30 Extra compensation to public officers prohibited.
  71. Article 3, Section 31 Supplies for legislature and departments.
  72. Article 3, Section 32 Changing terms and salaries of public officers.
  73. Article 3, Section 33 Origin of revenue bills.
  74. Article 3, Section 34 General appropriation bills; other appropriations.
  75. Article 3, Section 35 Money expended only on appropriation.
  76. Article 3, Section 36 Prohibited appropriations.
  77. Article 3, Section 37 Delegation of power to perform municipal functions prohibited.
  78. Article 3, Section 38 Investment of trust funds.
  79. Article 3, Section 39 Aid to railroads prohibited.
  80. Article 3, Section 40 Debts to state or municipal
  81. Article 3, Section 41 Resolutions; approval or veto.
  82. Article 3, Section 42 Bribery of legislators and
  83. Article 3, Section 43 Offers to bribe.
  84. Article 3, Section 44 Witnesses in bribery charges.
  85. Article 3, Section 45 Legislature shall define corrupt solicitation.
  86. Article 3, Section 46 Interested member shall not vote.
  87. Article 3, Section 47 Congressional representation.
  88. Article 3, Section 48 State census.
  89. Article 3, Section 49 District representation.
  90. Article 3, Section 50 Apportionment for first legislature.
  91. Article 3, Section 51 Filling of vacancies.
  92. Article 3, Section 52 Initiative and referendum.
  93. Article 3, Section 53 Creation of criminal penalties not subject to governor's power to commute.
  94. Article 4, Section 1 Executive power vested in governor; term of governor.
  95. Article 4, Section 2 Qualifications of governor.
  96. Article 4, Section 3 Election of governor.
  97. Article 4, Section 4 Powers and duties of governor generally.
  98. Article 4, Section 5 Pardoning power of governor.
  99. Article 4, Section 6 Acting governor.
  100. Article 4, Section 7 When governor may fill vacancies in office.
  101. Article 4, Section 8 Approval or veto of legislation by governor; passage over veto.
  102. Article 4, Section 9 Veto of items of appropriations.
  103. Article 4, Section 10 Bribery or coercion of or by governor.
  104. Article 4, Section 11 State officers; election; qualifications; terms.
  105. Article 4, Section 12 State officers; powers and duties.
  106. Article 4, Section 13 Salaries of governor and other elective state officers.
  107. Article 4, Section 14 Examination of accounts.
  108. Article 4, Section 15 Great seal of state.
  109. Article 5, Section 1 How judicial power vested.
  110. Article 5, Section 2 Supreme court generally; appellate jurisdiction.
  111. Article 5, Section 3 Supreme court generally; original jurisdiction.
  112. Article 5, Section 4 Supreme court generally; number;
  113. Article 5, Section 5 Voluntary retirement and compensation of justices and judges.
  114. Article 5, Section 6 Commission on judicial conduct and ethics.
  115. Article 5, Section 7 Supreme court generally; terms of court.
  116. Article 5, Section 8 Supreme court generally; qualifications of justices.
  117. Article 5, Section 9 Supreme court generally; clerk.
  118. Article 5, Section 10 District courts generally; jurisdiction.
  119. Article 5, Section 11 District courts generally; judges to hold court for each other.
  120. Article 5, Section 12 District courts generally; qualifications of judges.
  121. Article 5, Section 13 District courts generally; clerks.
  122. Article 5, Section 14 District courts generally; commissioners.
  123. Article 5, Section 15 Style of process.
  124. Article 5, Section 16 Supreme court judges limited to judicial duties.
  125. Article 5, Section 17 Salaries of judges of supreme and district courts.
  126. Article 5, Section 18 Appeals from district courts to supreme court.
  127. Article 5, Section 19 State divided into districts; election and terms of district judges.
  128. Article 5, Section 20 Districts defined.
  129. Article 5, Section 21 Increase in number of districts and judges.
  130. Article 5, Section 22 Jurisdiction of justices of the peace.
  131. Article 5, Section 23 Appeals from justices' courts.
  132. Article 5, Section 24 Terms of district courts; attaching unorganized territory to organized counties.
  133. Article 5, Section 25 Judges of supreme and district courts shall not practice.
  134. Article 5, Section 26 Power to fix terms of court.
  135. Article 5, Section 27 Judges of supreme and district courts shall not hold other office.
  136. Article 5, Section 28 Appeals from boards of arbitration.
  137. Article 5, Section 29 Juvenile delinquency and domestic relations courts.
  138. Article 6, Section 1 Male and female citizens to enjoy equal rights.
  139. Article 6, Section 2 Qualifications of electors.
  140. Article 6, Section 3 Electors privileged from arrest.
  141. Article 6, Section 4 Exemption of electors from military duty.
  142. Article 6, Section 5 Electors must be citizens of United States.
  143. Article 6, Section 6 What persons excluded from franchise.
  144. Article 6, Section 7 When residence not lost by reason of absence.
  145. Article 6, Section 8 Soldiers stationed in state not considered residents.
  146. Article 6, Section 9 Educational qualifications of electors.
  147. Article 6, Section 10 Alien suffrage.
  148. Article 6, Section 11 Manner of holding elections.
  149. Article 6, Section 12 Registration of voters required.
  150. Article 6, Section 13 Purity of elections to be provided for.
  151. Article 6, Section 14 Election contests.
  152. Article 6, Section 15 Qualifications for office.
  153. Article 6, Section 16 When officers to hold over; suspension of officers.
  154. Article 6, Section 17 Time of holding general and special elections; when elected officers to enter upon duties.
  155. Article 6, Section 18 Method of selecting officers whose election is not provided for.
  156. Article 6, Section 19 Dual office holding.
  157. Article 6, Section 20 Oath of office; form.
  158. Article 6, Section 21 Oath of office; how administered.
  159. Article 6, Section 22 Absent voter ballots, voting and registration.
  160. Article 7, Section 1 Legislature to provide for public schools.
  161. Article 7, Section 2 School revenues.
  162. Article 7, Section 3 Other sources of school revenues.
  163. Article 7, Section 4 Restriction in use of revenues.
  164. Article 7, Section 5 Fines and penalties to belong to public school fund.
  165. Article 7, Section 6 State to keep school funds; investment.
  166. Article 7, Section 7 Application of school funds.
  167. Article 7, Section 8 Distribution of school funds.
  168. Article 7, Section 9 Taxation for schools.
  169. Article 7, Section 10 No discrimination between pupils.
  170. Article 7, Section 11 Textbooks.
  171. Article 7, Section 12 Sectarianism prohibited.
  172. Article 7, Section 13 Land commissioners.
  173. Article 7, Section 14 Supervision of schools entrusted to state superintendent of public instruction.
  174. Article 7, Section 15 Establishment of university confirmed.
  175. Article 7, Section 16 Tuition free.
  176. Article 7, Section 17 Government of university.
  177. Article 7, Section 18 Establishment of institutions.
  178. Article 7, Section 19 Territorial institutions pass to state.
  179. Article 7, Section 20 Duty of legislature to protect and promote health and morality of people.
  180. Article 7, Section 21 Buildings and property of territory pass to state.
  181. Article 7, Section 22 Construction and supervision.
  182. Article 7, Section 23 Permanent location.
  183. Article 8, Section 1 Water is state property.
  184. Article 8, Section 2 Board of control.
  185. Article 8, Section 3 Priority of appropriation.
  186. Article 8, Section 4 Water divisions.
  187. Article 8, Section 5 State engineer.
  188. Article 9, Section 1 Inspector of mines.
  189. Article 9, Section 2 Legislature to enact regulatory laws.
  190. Article 9, Section 3 Restrictions on employment in mines.
  191. Article 9, Section 4 Right of action for injuries.
  192. Article 9, Section 5 School of mines.
  193. Article 9, Section 6 State geologist.
  194. Article 10, Section 1 Creation.
  195. Article 10, Section 2 Control by state.
  196. Article 10, Section 3 Forfeited charters.
  197. Article 10, Section 4 Damages for personal injuries or death; worker's compensation.
  198. Article 10, Section 5 Acceptance of constitution.
  199. Article 10, Section 6 Engaging in more than one line of business.
  200. Article 10, Section 7 What corporations are common carriers.
  201. Article 10, Section 8 Trusts prohibited.
  202. Article 10, Section 9 Eminent domain.
  203. Article 10, Section 10 Mutual and co-operative associations.
  204. Article 10, Section 11 Powers and rights of railroads.
  205. Article 10, Section 12 Discrimination by railroads and telegraph lines forbidden.
  206. Article 10, Section 13 Railroads to make annual reports to state auditor.
  207. Article 10, Section 14 Eminent domain.
  208. Article 10, Section 15 Aid to railroads and telegraph lines prohibited.
  209. Article 10, Section 16 Acceptance of constitution by existing railroad, transportation and telegraph companies.
  210. Article 10, Section 17 Rights of telegraph companies.
  211. Article 10, Section 18 Foreign railroad or telegraph company must have agent for service of process.
  212. Article 10, Section 19 Location of depots.
  213. Article 11, Section 1 State boundaries.
  214. Article 12, Section 1 Existing counties remain such.
  215. Article 12, Section 2 Organization of new counties.
  216. Article 12, Section 3 Changing county seats.
  217. Article 12, Section 4 Township organization.
  218. Article 12, Section 5 County officers.
  219. Article 13, Section 1 Incorporation; alteration of
  220. Article 13, Section 2 Consent of electors necessary.
  221. Article 13, Section 3 Restriction on powers to levy taxes and contract debts.
  222. Article 13, Section 4 Franchises.
  223. Article 13, Section 5 Acquisition of water rights.
  224. Article 14, Section 1 Stated salaries to be paid.
  225. Article 14, Section 2 Fees.
  226. Article 14, Section 3 Legislature to designate county offices and fix salaries of county officers.
  227. Article 14, Section 4 Deputies.
  228. Article 14, Section 5 Who are county officers referred to by section 3.
  229. Article 14, Section 6 Consolidation of offices.
  230. Article 15, Section 1 Assessment of lands and improvements thereon.
  231. Article 15, Section 2 Assessment of coal lands.
  232. Article 15, Section 3 Taxation of mines and mining claims.
  233. Article 15, Section 4 State levy limited.
  234. Article 15, Section 5 County levies limited.
  235. Article 15, Section 6 City levies limited.
  236. Article 15, Section 7 Depositories for public moneys.
  237. Article 15, Section 8 Profit making from public funds prohibited.
  238. Article 15, Section 9 Legislature to provide for state board of equalization.
  239. Article 15, Section 10 Duties of state board of equalization.
  240. Article 15, Section 11 Uniformity of assessment required.
  241. Article 15, Section 12 Exemptions from taxation.
  242. Article 15, Section 13 Tax must be authorized by law; law to state object.
  243. Article 15, Section 14 Surrender of taxing power prohibited.
  244. Article 15, Section 15 State tax for support of public schools.
  245. Article 15, Section 16 Disposition of fees, excises and license taxes on vehicles and gasoline.
  246. Article 15, Section 17 County levy for support and maintenance of public schools.
  247. Article 15, Section 18 Full tax credit allowed against any liability arising from a tax on income.
  248. Article 15, Section 19 Mineral excise tax; distribution.
  249. Article 15, Section 20 Higher education trust funds; investments; earnings.
  250. Article 16, Section 1 Limitation on state debt.
  251. Article 16, Section 2 Creation of state debt in excess of taxes for current year.
  252. Article 16, Section 3 Limitation on county debt.
  253. Article 16, Section 4 Creation of county or municipal debt in excess of taxes for current year.
  254. Article 16, Section 5 Limitation on municipal, county or school district debt.
  255. Article 16, Section 6 Loan of credit; donations
  256. Article 16, Section 7 Payments of public money.
  257. Article 16, Section 8 Endorsements required on bonds and other evidences of indebtedness.
  258. Article 16, Section 9 Construction and improvement of public roads and highways.
  259. Article 16, Section 10 Construction and improvement of works for conservation and utilization of water.
  260. Article 16, Section 11 Construction, maintenance and
  261. Article 16, Section 12 Economic development loan fund.
  262. Article 16, Section 13 Industrial and economic development; powers of counties and municipalities.
  263. Article 17, Section 1 Of whom militia constituted.
  264. Article 17, Section 2 Legislature to provide for enrollment, equipment and discipline.
  265. Article 17, Section 3 How officers commissioned.
  266. Article 17, Section 4 Flags.
  267. Article 17, Section 5 Governor to be commander-in-chief; powers.
  268. Article 18, Section 1 Acceptance of lands from United States; sale of such lands.
  269. Article 18, Section 2 Application of proceeds of sale or rental.
  270. Article 18, Section 3 Board of land commissioners.
  271. Article 18, Section 4 Legislature to provide for disposition of lands.
  272. Article 18, Section 5 Special privileges prohibited.
  273. Article 18, Section 6 Disposition of unexpended income of perpetual school fund.
  274. Article 19, Section 1 Legislature to provide for protection of livestock and stock owners.
  275. Article 19, Section 2 Day's work.
  276. Article 19, Section 3 Who shall not be employed on public works.
  277. Article 19, Section 4 Legislature to provide for enforcement of section 3.
  278. Article 19, Section 5 Legislature to establish courts of arbitration; duties.
  279. Article 19, Section 6 Importing armed bodies to suppress violence prohibited; exception.
  280. Article 19, Section 7 Contract exempting employer from liability for personal injuries prohibited.
  281. Article 19, Section 8 Legislature to provide for voluntary submission of differences to arbitrators.
  282. Article 19, Section 9 Exemption of homestead.
  283. Article 19, Section 10 Intoxicating liquors.
  284. Article 19, Section 11 Use of monies in public employee retirement funds restricted.
  285. Article 20, Section 1 How amendments proposed by legislature and submitted to people.
  286. Article 20, Section 2 How two or more amendments voted on.
  287. Article 20, Section 3 Constitutional convention.
  288. Article 20, Section 4 Constitution adopted by convention to be submitted to people.
  289. Article 21, Section 1 Acquired rights continue.
  290. Article 21, Section 2 Territorial property vested in state.
  291. Article 21, Section 3 Territorial laws become state laws.
  292. Article 21, Section 4 Accrued fines go to state.
  293. Article 21, Section 5 State to sue on bonds and prosecute crimes.
  294. Article 21, Section 6 Territorial officers to hold over.
  295. Article 21, Section 7 Submission of constitution.
  296. Article 21, Section 8 When constitution takes effect.
  297. Article 21, Section 9 First state election; time of holding; proclamation.
  298. Article 21, Section 10 First state election; duty of county commissioners; who may vote; conduct of election.
  299. Article 21, Section 11 First state election; board of canvassers.
  300. Article 21, Section 12 When officers shall qualify; oaths; bonds.
  301. Article 21, Section 13 First state legislature.
  302. Article 21, Section 14 Laws to be passed.
  303. Article 21, Section 15 Transfer of pending causes, records and seal of courts.
  304. Article 21, Section 16 Court seals.
  305. Article 21, Section 17 Transfer of causes and records from probate courts to district courts.
  306. Article 21, Section 18 How legislature chosen.
  307. Article 21, Section 19 Duration of terms of territorial county and precinct officers.
  308. Article 21, Section 20 Terms of state officers first elected.
  309. Article 21, Section 21 Regular session of legislature following first session.
  310. Article 21, Section 22 Regular election following first session of legislature to be omitted.
  311. Article 21, Section 23 Why constitution framed.
  312. Article 21, Section 24 State part of United States.
  313. Article 21, Section 25 Religious liberty.
  314. Article 21, Section 26 Ownership of certain lands disclaimed; restriction on taxation of nonresidents.
  315. Article 21, Section 27 Territorial liabilities assumed.
  316. Article 21, Section 28 Legislature to provide for public schools.

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316 provisions

Article 3, Section 41 Resolutions; approval or veto.

Every order, resolution or vote, in which the concurrence of both houses may be necessary, except on the question of adjournment, or relating solely to the transaction of the business of the two houses, shall be presented to the governor, and before it shall take effect be approved by him, or, being disapproved, be repassed by two-thirds of both houses as prescribed in the case of a bill.

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Article 3, Section 42 Bribery of legislators and

solicitation of bribery defined; expulsion of legislator for bribery or solicitation. If any person elected to either house of the legislature shall offer or promise to give his vote or influence in favor of or against any measure or proposition, pending or to be introduced into the legislature, in consideration or upon condition that any other person elected to the same legislature will give, or promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced into such legislature, the person making such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislature shall give his vote or influence for or against any measure or proposition pending or to be introduced in such legislature, or offer, promise or assent thereto, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or to be introduced in such legislature, or in consideration that any other member has given his vote or influence for or against any other measure or proposition in such legislature, he shall be deemed guilty of bribery, and any member of the legislature, or person elected thereto, who shall be guilty of either of such offenses, shall be expelled and shall not thereafter be eligible to the legislature, and on conviction thereof in the civil courts shall be liable to such further penalty as may be prescribed by law.

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Article 3, Section 43 Offers to bribe.

Any person who shall directly or indirectly offer, give or promise any money or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer or member of the legislature, to influence him in the performance of any of his official duties shall be deemed guilty of bribery, and be punished in such manner as shall be provided by law.

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Article 3, Section 44 Witnesses in bribery charges.

Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practices of solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony, and any person convicted of either of the offenses aforesaid shall, as part of the punishment therefor, be disqualified from holding any office or position of honor, trust or profit in this state.

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Article 3, Section 45 Legislature shall define corrupt solicitation.

The offense of corrupt solicitation of members of the legislature or of public officers of the state, or of any municipal division thereof, and the occupation or practice of solicitation of such members or officers to influence their official actions shall be defined by law and shall be punishable by fine and imprisonment.

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Article 3, Section 46 Interested member shall not vote.

A member who has a personal or private interest in any measure or bill proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon.

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Article 3, Section 47 Congressional representation.

One representative in the congress of the United States shall be elected from the state at large, the Tuesday next after the first Monday in November, 1890, and thereafter at such times and places, and in such manner as may be prescribed by law. When a new apportionment shall be made by congress, the legislature shall divide the state into congressional districts accordingly.

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Article 3, Section 48 State census.

At the first budget session of the legislature following the federal census, the legislature shall reapportion its membership based upon that census. Notwithstanding any other provision of this article, any bill to apportion the legislature may be introduced in a budget session in the same manner as in a general session.

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Article 3, Section 49 District representation.

Congressional districts may be altered from time to time as public convenience may require. When a congressional district shall be composed of two or more counties they shall be contiguous, and the districts as compact as may be. No county shall be divided in the formation of congressional districts.

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Article 3, Section 50 Apportionment for first legislature.

Until an apportionment of senators and representatives as otherwise provided by law, they shall be divided among the several counties of the state in the following manner: Albany County, two senators and five representatives. Carbon County, two senators and five representatives. Converse County, one senator and three representatives. Crook County, one senator and two representatives. Fremont County, one senator and two representatives. Laramie County, three senators and six representatives. Johnson County, one senator and two representatives. Sheridan County, one senator and two representatives. Sweetwater County, two senators and three representatives. Uinta County, two senators and three representatives.

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Article 3, Section 51 Filling of vacancies.

When vacancies shall occur in the membership of either house of the legislature of the State of Wyoming through death, resignation or other cause, such vacancies shall be filled in such manner as may be prescribed by law, notwithstanding the provisions of section 4 of article III of the constitution which is by this section repealed.

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Article 3, Section 52 Initiative and referendum.

(a) The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum. (b) An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred (100) qualified voters as sponsors, and shall be filed with the secretary of state. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review. (c) After certification of the application, a petition containing a summary of the subject matter shall be prepared by the secretary of state for circulation by the sponsors. The petition may be filed with the secretary of state if it meets both of the following requirements: (i) It is signed by qualified voters, equal in number to fifteen percent (15%) of those who voted in the preceding general election; and (ii) It is signed by qualified voters equal in number to fifteen percent (15%) of those resident in at least two-thirds (2/3) of the counties of the state, as determined by those who voted in the preceding general election in that county. (d) An initiative petition may be filed at any time except that one may not be filed for a measure substantially the same as that defeated by an initiative election within the preceding (5) years. The secretary of state shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty (120) days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void. (e) A referendum petition may be filed only within ninety (90) days after adjournment of the legislative session at which the act was passed, except that a referendum petition respecting any act previously passed by the legislature may be filed within six months after the power of referendum is adopted. The secretary of state shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty (180) days after adjournment of that session. (f) If votes in an amount in excess of fifty percent (50%) of those voting in the general election are cast in favor of adoption of an initiated measure, the measure is enacted. If votes in an amount in excess of fifty percent (50%) of those voted in the general election are cast in favor of rejection of an act referred, it is rejected. The secretary of state shall certify the election returns. An initiated law becomes effective ninety (90) days after certification, is not subject to veto, and may not be repealed by the legislature within two (2) years of its effective date. It may be amended at any time. An act rejected by referendum is void thirty (30) days after certification. Additional procedures for the initiative and referendum may be prescribed by law. (g) The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, enact local or special legislation, or enact that prohibited by the constitution for enactment by the legislature. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.

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Article 3, Section 53 Creation of criminal penalties not subject to governor's power to commute.

Notwithstanding Article 4, Section 5 of this Constitution, the legislature may by law create a penalty of life imprisonment without parole for specified crimes which sentence shall not be subject to commutation by the governor. The legislature may in addition limit commutation of a death sentence to a sentence of life imprisonment without parole which sentence shall not be subject to further commutation. In no event shall the inherent power of the governor to grant a pardon be limited or curtailed.

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Article 4, Section 1 Executive power vested in governor; term of governor.

The executive power shall be vested in a governor, who shall hold his office for the term of four (4) years and until his successor is elected and duly qualified.

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Article 4, Section 2 Qualifications of governor.

No person shall be eligible to the office of governor unless he be a citizen of the United States and a qualified elector of the state, who has attained the age of thirty years, and who has resided 5 years next preceding the election within the state or territory, nor shall he be eligible to any other office during the term for which he was elected.

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Article 4, Section 3 Election of governor.

The governor shall be elected by the qualified electors of the state at the time and place of choosing members of the legislature. The person having the highest number of votes for governor shall be declared elected, but if two or more shall have an equal and highest number of votes for governor, the two houses of the legislature at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for governor shall be made in such manner as shall be prescribed by law.

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Article 4, Section 4 Powers and duties of governor generally.

The governor shall be commander-in-chief of the military forces of the state, except when they are called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel invasion. He shall have power to convene the legislature on extraordinary occasions. He shall at the commencement of each session communicate to the legislature by message, information of the condition of the state, and recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faithfully executed.

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Article 4, Section 5 Pardoning power of governor.

The governor shall have power to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment; but the legislature may by law regulate the manner in which the remission of fines, pardons, commutations and reprieves may be applied for. Upon conviction for treason he shall have power to suspend the execution of sentence until the case is reported to the legislature at its next regular session, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence or grant further reprieve. He shall communicate to the legislature at each regular session each case of remission of fine, reprieve, commutation or pardon granted by him, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve with his reasons for granting the same.

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Article 4, Section 6 Acting governor.

If the governor be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office or be absent from the state, the secretary of state shall act as governor until the vacancy is filled or the disability removed.

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Article 4, Section 7 When governor may fill vacancies in office.

When any office from any cause becomes vacant, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have the power to fill the same by appointment.

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Article 4, Section 8 Approval or veto of legislation by governor; passage over veto.

Every bill which has passed the legislature shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon the journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if it be approved by two-thirds of the members elected, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill is not returned by the governor within three days (Sundays excepted) after its presentation to him, the same shall be a law, unless the legislature by its adjournment, prevent its return, in which case it shall be a law, unless he shall file the same with his objections in the office of the secretary of state within fifteen days after such adjournment.

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Article 4, Section 9 Veto of items of appropriations.

The governor shall have power to disapprove of any item or items or part or parts of any bill making appropriations of money or property embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items and part or parts disapproved shall be void unless enacted in the following manner: If the legislature be in session he shall transmit to the house in which the bill originated a copy of the item or items or part or parts thereof disapproved, together with his objections thereto, and the items or parts objected to shall be separately reconsidered, and each item or part shall then take the same course as is prescribed for the passage of bills over the executive veto.

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Article 4, Section 10 Bribery or coercion of or by governor.

Any governor of this state who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he is required to act in his official capacity, or who menaces any member by the threatened use of his veto power, or who offers or promises any member that he, the governor, will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislature; or who threatens any member that he, the governor, will remove any person or persons from office or position with intent in any manner to influence the action of said members, shall be punished in the manner now or that may hereafter be provided by law, and upon conviction thereof shall forfeit all right to hold or exercise any office of trust or honor in this state.

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Article 4, Section 11 State officers; election; qualifications; terms.

There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislature, a secretary of state, auditor, treasurer, and superintendent of public instruction, who shall have attained the age of twenty-five (25) years respectively, shall be citizens of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government, for the term of four (4) years and until their successors are elected and duly qualified. The legislature may provide for such other state officers as are deemed necessary.

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Article 4, Section 12 State officers; powers and duties.

The powers and duties of the secretary of state, of state auditor, treasurer and superintendent of public instruction shall be as prescribed by law.

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Article 4, Section 13 Salaries of governor and other elective state officers.

Until otherwise provided by law, the governor shall receive an annual salary of two thousand and five hundred dollars, the secretary of state, state auditor, state treasurer and superintendent of public instruction shall each receive an annual salary of two thousand dollars, and the salaries of any of the said officers shall not be increased or diminished during the period for which they were elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury.

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Article 4, Section 14 Examination of accounts.

The legislature shall provide by law for examination of the accounts of state treasurer, supreme court clerks, district court clerks, and all county treasurers, and treasurers of such other public institutions as the legislature may prescribe.

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Article 4, Section 15 Great seal of state.

There shall be a seal of state which shall be called the "Great Seal of the State of Wyoming"; it shall be kept by the secretary of state and used by him officially as directed by law. The seal of the Territory of Wyoming as now used shall be the seal of the state until otherwise provided by law.

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Article 5, Section 1 How judicial power vested.

The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts, and such subordinate courts as the legislature may, by general law, establish and ordain from time to time.

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Article 5, Section 2 Supreme court generally; appellate jurisdiction.

The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.

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Article 5, Section 3 Supreme court generally; original jurisdiction.

The supreme court shall have original jurisdiction in quo warranto and mandamus as to all state officers, and in habeas corpus. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any district court of the state or any judge thereof.

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Article 5, Section 4 Supreme court generally; number;

election of chief justice; quorum; vacancies in supreme court or district court; judicial nominating commission; terms; standing for retention in office. (a) The supreme court of the state shall consist of not less than three nor more than five justices as may be determined by the legislature. The justices of the court shall elect one of their number to serve as chief justice for such term and with such authority as shall be prescribed by law. A majority of the justices shall constitute a quorum, and a concurrence of a majority of such quorum shall be sufficient to decide any matter. If a justice of the supreme court for any reason shall not participate in hearing any matter, the chief justice may designate one of the district judges to act for such nonparticipating justice. (b) A vacancy in the office of justice of the supreme court or judge of any district court or of such other courts that may be made subject to this provision by law, shall be filled by a qualified person appointed by the governor from a list of three nominees that shall be submitted by the judicial nominating commission. The commission shall submit such a list not later than 60 days after the death, retirement, tender of resignation, removal, failure of an incumbent to file a declaration of candidacy or certification of a negative majority vote on the question of retention in office under section [subsection] (g) hereof. If the governor shall fail to make any such appointment within 30 days from the day the list is submitted to him, such appointment shall be made by the chief justice from the list within 15 days. (c) There shall be a judicial nominating commission for the supreme court, district courts and any other courts to which these provisions may be extended by law. The commission shall consist of seven members, one of whom shall be the chief justice, or a justice of the supreme court designated by the chief justice to act for him, who shall be chairman thereof. In addition to the chief justice, or his designee, three resident members of the bar engaged in active practice shall be elected by the Wyoming state bar and three electors of the state not admitted to practice law shall be appointed by the governor to serve on said commission for such staggered terms as shall be prescribed by law. No more than two members of said commission who are residents of the same judicial district may qualify to serve any term or part of a term on the commission. In the case of courts having less than statewide authority, each judicial district not otherwise represented by a member on the commission, and each county, should the provisions hereof be extended by law to courts of lesser jurisdiction than district courts, shall be represented by two nonvoting advisors to the commission when an appointment to a court in such unrepresented district, or county, is pending; both of such advisors shall be residents of the district, or county, and one shall be a member of the bar appointed by the governing body of the Wyoming state bar and one shall be a nonattorney advisor appointed by the governor. (d) No member of the commission excepting the chairman shall hold any federal, state or county public office or any political party office, and after serving a full term he shall not be eligible for reelection or reappointment to succeed himself on the commission. No member of the judicial nominating commission shall be eligible for appointment to any judicial office while he is a member of the commission nor for a period of one year after the expiration of his term for which he was elected or appointed. Vacancies in the office of commissioner shall be filled for the unexpired terms in the same manner as the original appointments. Additional qualifications of members of the commission may be prescribed by law. (e) The chairman of the commission shall cast votes only in the event of ties. The commission shall operate under rules adopted by the supreme court. Members of the commission shall be entitled to no compensation other than expenses incurred for travel and subsistence while attending meetings of the commission. (f) The terms of supreme court justices shall be eight years and the terms of district court judges shall be six years. (g) Each justice or judge selected under these provisions shall serve for one year after his appointment and until the first Monday in January following the next general election after the expiration of such year. He shall, at such general election, stand for retention in office on a ballot which shall submit to the appropriate electorate the question whether such justice or judge shall be retained in office for another term or part of a term, and upon filing a declaration of candidacy in the form and at the times prescribed by law, he shall, at the general election next held before the expiration of each term, stand for retention on such ballots. The electorate of the whole state shall vote on the question of retention or rejection of justices of the supreme court, and any other statewide court; the electorate of the several judicial districts shall vote on the question of retention or rejection of judges of their respective districts, and the electorate of such other subdivisions of the state as shall be prescribed by law shall vote on the question of retention or rejection of any other judges to which these provisions may be extended. (h) A justice or judge selected hereunder, or one that is in office upon the effective date of this amendment, who shall desire to retain his judicial office a succeeding term, following the expiration of his existing term of office, shall file with the appropriate office not more than 6 months nor less than 3 months before the general election to be held before the expiration of his existing term of office a declaration of intent to stand for election for a succeeding term. When such a declaration of intent is filed, the appropriate electorate shall vote upon a nonpartisan judicial ballot on the question of retention in or rejection from office of such justice or judge, and if a majority of those voting on the question vote affirmatively, the justice or judge shall be elected to serve the succeeding term prescribed by law. If a justice or judge fails to file such a declaration within the time specified, or if a majority of those voting on the question vote negatively to any judicial candidacy, a vacancy will thereby be created in that office at the end of its existing term.

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Article 5, Section 5 Voluntary retirement and compensation of justices and judges.

Subject to the further provisions of this section, the legislature shall provide for the voluntary retirement and compensation of justices and judges of the supreme court and district courts, and may do so for any other courts, on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such justice and judge shall become vacant when the incumbent reaches the age of seventy (70) years, as the legislature may prescribe; but, in the case of an incumbent whose term of office includes the effective date of this amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to him before his period or periods of judicial service shall have reached a total of six (6) years. The legislature may also provide for benefits for dependents of justices and judges.

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Article 5, Section 6 Commission on judicial conduct and ethics.

(a) There is hereby created the Commission on Judicial Conduct and Ethics. The commission shall have twelve (12) members who reside in Wyoming consisting of: (i) Three (3) active Wyoming judges, who are not members of the supreme court, elected by the full-time, active Wyoming judges; (ii) Three (3) members of the Wyoming state bar, appointed by its governing body; and (iii) Six (6) electors of the state, who are not active or retired judges or attorneys, appointed by the governor and confirmed by the senate. (b) All terms shall be for three (3) years duration. Members shall be eligible for reappointment to a second term. (c) The commission shall divide itself into investigatory and adjudicatory panels for each case considered. No commission member may serve on an adjudicatory panel in any case in which that member served in an investigatory capacity. (d) The commission, or a panel thereof, shall consider complaints of judicial misconduct made against judicial officers and, to the extent permitted and as provided for by the code of judicial conduct, may: (i) Discipline a judicial officer; or (ii) Recommend discipline of a judicial officer to the supreme court or a special supreme court. (e) The supreme court shall adopt a code of judicial conduct applicable to all judicial officers and adopt rules governing: (i) The election of judges to the commission; (ii) The staggering of terms, and the removal and filling of vacancies of commission members; (iii) The appointment of a special supreme court composed of five (5) district judges who are not members of the commission, to act in the place of the supreme court in any case involving the discipline or disability of a justice of the supreme court; and (iv) Procedures for the operation of the commission including exercise of the commission's disciplinary powers. (f) The supreme court or special supreme court, on recommendation of the commission or on its own motion may: (i) Suspend a judicial officer without salary when the judicial officer is charged with or is convicted in the United States of a crime punishable as a felony or one involving moral turpitude under Wyoming or federal law, and remove that judicial officer in the event such conviction becomes final; (ii) For any judicial officer removed from office, order a forfeiture of any pension or retirement benefits accrued after the offending conduct, except for those that have been vested under the Wyoming retirement act or any local plan; (iii) Suspend the judicial officer from practicing law in this state; and (iv) Remove a judicial officer from office or impose other discipline permitted by the rules for judicial discipline for conduct that constitutes willful misconduct in office, or for a willful and persistent failure to perform the duties of the office, or for habitual intemperance, or for conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or for a violation of the code of judicial conduct. (g) The code of judicial conduct shall provide for the mandatory retirement of a judicial officer for any disability that seriously interferes with the performance of the duties of the office and is, or is likely to become, permanent. A judicial officer retired by the supreme court or a special supreme court for a disability shall be considered to have retired voluntarily without loss of retirement benefits. (h) A judicial officer removed from office is ineligible for any judicial office. (j) This section applies to all judicial officers during their service on the bench and to former judicial officers regarding allegations of judicial misconduct occurring during service on the bench if a complaint is made within one (1) year following service. The term "judicial officer" includes all members of the judicial branch of government performing judicial functions.

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Article 5, Section 7 Supreme court generally; terms of court.

At least two terms of the supreme court shall be held annually at the seat of government at such times as may be provided by law.

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Article 5, Section 8 Supreme court generally; qualifications of justices.

No person shall be eligible to the office of justice of the supreme court unless he be learned in the law, have been in actual practice at least nine (9) years, or whose service on the bench of any court of record, when added to the time he may have practiced law, shall be equal to nine (9) years, be at least thirty years of age and a citizen of the United States, nor unless he shall have resided in this state or territory at least three years.

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Article 5, Section 9 Supreme court generally; clerk.

There shall be a clerk of the supreme court who shall be appointed by the justices of said court and shall hold his office during their pleasure, and whose duties and emoluments shall be as provided by law.

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Article 5, Section 10 District courts generally; jurisdiction.

The district court shall have original jurisdiction of all causes both at law and in equity and in all criminal cases, of all matters of probate and insolvency and of such special cases and proceedings as are not otherwise provided for. The district court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, injunction and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective districts.

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Article 5, Section 11 District courts generally; judges to hold court for each other.

The judges of the district courts may hold courts for each other and shall do so when required by law.

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Article 5, Section 12 District courts generally; qualifications of judges.

No person shall be eligible to the office of judge of the district court unless he be learned in the law, be at least twenty-eight years of age, and a citizen of the United States, nor unless he shall have resided within the State or Territory of Wyoming at least two years next preceding his election.

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