22-24-323. Petitions; payment for signatures; misrepresentation of petition; prohibition; penalty.
(a) A circulator of an initiative petition or a person who causes the circulation of an initiative petition may not pay or offer to pay any compensation to another person for that person's signature on the initiative petition.
(b) A circulator of an initiative petition or a person who causes the circulation of an initiative petition shall not collect another person's signature on the petition by knowingly making a false statement with respect to or otherwise misrepresenting the proposed law contained within the initiative petition. A violation of this subsection is subject to the penalty imposed under W.S. 22-24-322(a).
The people may approve or reject acts of the legislature by the referendum. However, 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.
A referendum shall be proposed by filing an application with the secretary of state. A fee of one thousand dollars ($1,000.00) shall accompany the application. This fee shall be deposited in the general fund.
(a) The application shall be on a form prescribed by the secretary of state and shall include:
(i) The act to be referred;
(ii) The designation of a committee of three (3) applicants who shall represent all sponsors and subscribers in matters relating to the referendum;
(iii) The signatures and addresses of not less than one hundred (100) sponsors who shall be qualified registered voters; and
(iv) A statement that the committee of applicants are qualified registered voters who signed the application with the proposed act attached.
Notice to the committee of applicants on any matter pertaining to the application and petition shall be served on any member of the committee in person, by mail or electronically addressed to a committee member at the address indicated on the application.
(a) The one hundred (100) qualified registered voters who subscribe to the application are designated as sponsors. The committee of applicants may designate additional qualified individuals to act as circulators of the petitions by giving written notice, signed by one (1) member of the committee of applicants, to the secretary of state verifying under oath the names, qualifications and addresses of those so designated. An individual shall not be qualified to act as a circulator unless he is a citizen of the United States and is at least eighteen (18) years of age. A member of the committee of applicants may act as a circulator if duly qualified.
(b) The committee of applicants shall file receipt and expenditure reports as required by W.S. 22-25-106.
22-24-406. Grounds for denying certification of initiative or referendum application.
(a) The secretary of state shall deny certification of a referendum application if he determines that:
(i) The committee of applicants failed to submit a sufficient number of qualified registered voters as sponsors;
(ii) The application is not substantially in the required form; or
(iii) More than ninety (90) days have expired since the adjournment of the legislative session at which the act being referred was passed.
(a) If the application is certified, the secretary of state shall prescribe the form of and prepare petitions containing:
(i) A copy of the act to be referred;
(ii) An impartial summary of the subject matter of the act to be referred;
(iii) The warning required by W.S. 22-24-408;
(iv) Sufficient space for printed names, signatures and addresses;
(v) If a circulator will be paid to solicit signatures on a petition, each signature page circulated by that circulator shall contain, in twelve (12) point or larger black boldface type, the following statement: "This circulator is being paid to solicit signatures for this ballot proposition." The statement shall be prominently displayed and made visible to the petition signer by the circulator; and
(vi) Other specifications necessary to assure proper handling and control.
(b) Pursuant to rules adopted by the secretary of state, petitions, for purposes of circulation, shall be prepared by the secretary of state at the sponsor's expense. Petitions shall be printed in a number reasonably calculated to allow full circulation throughout the state. A paid circulator shall solicit signatures on a petition only if each signature page circulated by that circulator contains the statement required under paragraph (a)(v) of this section.
(c) The secretary of state shall number each petition and shall keep a record of the petitions.
(d) Upon request of the committee of applicants, the secretary of state shall report the number of persons who voted in the preceding general election.
(e) The secretary of state, on any printed material circulated by the secretary of state describing the proposition, shall include notice whether any paid circulator was used to gather signatures as required by paragraph (a)(v) of this section.
Each petition shall include a statement of warning that a person who signs a name other than his own on the petition, or who knowingly signs his name more than once for the same proposition at one (1) election, or who signs the petition knowing that he is not a qualified registered voter, upon conviction, is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one (1) year, or both.
(a) The petitions shall be circulated throughout the state only by a sponsor or an individual designated in accordance with W.S. 22-24-405 as a circulator and only in person.
(b) Any person may contest the qualifications of an individual designated as a circulator by filing a petition in the district court within ten (10) days of the solicitation activity. The court shall hear and decide any such action within five (5) days from the date the petition is filed.
(c) Any party prevailing in any action filed pursuant to subsection (b) of this section may be awarded costs and reasonable attorney's fees by the court. The court shall notify the secretary of state of its findings as to the qualifications of a circulator within five (5) days of the determination.
22-24-410. Petitions; subscribing to and withdrawing name.
Any qualified registered voter may subscribe to the petition by signing his name and listing his address. A person who has signed the petition may withdraw his name only by giving written notice of his printed name, residence and contact information to the secretary of state before the time that the petition is filed.
(a) Before a petition is filed, it shall be verified by the sponsor or circulator who personally circulated it. The verification shall be in affidavit form and shall state in substance that:
(i) The person signing the affidavit is a sponsor or an individual designated and qualified in accordance with W.S. 22-24-405 and is the only circulator of that petition;
(ii) The signatures on the petition were made in his presence; and
(iii) To the best of his knowledge, such signatures are those of the persons whose names they purport to be.
(b) In determining the sufficiency of the petition, the secretary of state shall not:
(i) Count signatures on petitions not properly verified;
(ii) Count signatures on a petition circulated by an individual who has been determined not to be a qualified circulator pursuant to W.S. 22-24-409 or by the secretary of state in accordance with rules of his office.
Petitions may be filed with the secretary of state if signed by a sufficient number of qualified registered voters as required by the Wyoming constitution. Petitions may be filed only within ninety (90) days after the adjournment of the legislative session at which the act was passed.
22-24-413. Petitions; review by secretary of state.
(a) Within not more than sixty (60) days of the date all petitions are filed, the secretary of state shall review the petitions and shall notify the committee of applicants whether the petitions were properly or improperly filed. The petitions shall be determined to be improperly filed if:
(i) There is an insufficient total number of signatures of qualified registered voters;
(ii) There is an insufficient number of signatures of qualified registered voters in at least two-thirds (2/3) of the counties of the state; or
(iii) The petitions for referendum were not filed within ninety (90) days after the adjournment of the legislative session at which the act was passed.
22-24-414. Ballot proposition; preparation and contents.
If a sufficient number of qualified petitions are filed, the secretary of state, with the assistance of the attorney general, shall prepare a ballot proposition. The ballot proposition shall give a true and impartial summary of the referred act and shall make provision for approval and for disapproval thereof.
22-24-415. Ballot proposition; procedure for placing on ballot; publication requirements.
(a) Except as required under subsection (b) of this section, the same procedure for placing constitutional amendment questions on the ballot shall be used to place the referendum ballot proposition on the ballot.
(b) The ballot proposition for a referendum shall be published by the secretary of state in a newspaper of general circulation in the state in the newspaper edition immediately preceding the general election. Publication under this subsection shall contain the text of the referendum ballot and shall identify both a physical location and a web site address or other electronic location where the entire text of the referendum can be viewed.
22-24-416. Ballot proposition; when placed on ballot.
The ballot proposition for a referendum shall be placed on the election ballot of the first statewide general election held more than one hundred eighty (180) days after adjournment of the legislative session at which the act was passed.
22-24-417. Insufficiency of application or petition.
A referendum submitted to the voters shall not be void because of the insufficiency of the application or petitions by which the submission was procured.
Any person aggrieved by any determination made under this article, by the secretary of state or by the attorney general, may bring an action in the district court of Laramie county to have the determination reviewed by filing application within thirty (30) days of the date on which notice of the determination was given.
(a) Any person who signs a name other than his own on a petition for referendum, or who knowingly signs his name more than once for the same proposition at one (1) election, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
(b) Any member of the committee of applicants, sponsor or circulator who knowingly and willfully makes a false verification of the qualifications of a circulator pursuant to W.S. 22-24-405(a) or knowingly and willfully makes a false verification under W.S. 22-24-411, shall be guilty of false swearing and subject to the penalties provided by W.S. 22-26-101.
22-24-420. Petitions; payment for signatures; misrepresentation of petition; prohibition; penalty.
(a) Repealed by Laws 2018, ch. 118, § 2.
(b) A circulator of a referendum petition or a person who causes the circulation of a referendum petition may not pay or offer to pay any compensation to another person for that person's signature on the referendum petition.
(c) A circulator of a referendum petition or a person who causes the circulation of a referendum petition shall not collect another person's signature on the petition by knowingly making a false statement with respect to or otherwise misrepresenting the referred act contained within the referendum petition. A violation of this subsection is subject to the penalty imposed under W.S. 22-24-419(a).
(a) Repealed By Laws 1998, ch. 100, § 5.
(b) A political action committee and a candidate's campaign committee, except those formed under federal law, shall file a statement of formation within ten (10) days after formation. This filing is required when any political action committee or candidate's campaign committee is formed, whether before an election to aid in the campaign or formed after an election to defray campaign debts incurred. The chairman and treasurer of a committee shall be separate individuals. The statement of formation shall list the name and mailing address of the committee, name and address of the committee chairman and treasurer, date committee formed and the purpose of committee. The statement of formation shall be filed in those offices as provided by W.S. 22-25-107.
(c) Any organization that receives contributions or expends funds totaling in aggregate more than one thousand dollars ($1,000.00) for the purpose of causing independent expenditures or electioneering communications to be made shall file a statement of formation for the purpose of filing campaign reports in accordance with W.S. 22-25-106(h). Any organization that has not previously filed a statement of formation that is required by this subsection shall file a statement of formation within ten (10) days of causing or intending to cause the independent expenditure or electioneering communication to be made in any primary, general or special election or within twenty-four (24) hours if the independent expenditure or electioneering communication is made within ten (10) days of any primary, general or special election. The statement of formation as referenced in this subsection shall be filed in those offices as provided by W.S. 22-25-107 and shall list the:
(i) Name and mailing address of the organization;
(ii) Name and mailing address of the organization's chairman and treasurer, if applicable, or the organization's designee;
(iii) Date the organization formed; and
(iv) Purpose of the organization.
(d) As used in this chapter:
(i) "Electioneering communication" means, except as otherwise provided by paragraph (ii) of this subsection, any communication, including an advertisement, which is publicly distributed as a billboard, brochure, email, mailing, magazine, pamphlet or periodical, as the component of an internet website or newspaper or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, telephone or cellular system, television station or satellite system and which:
(A) Refers to or depicts a clearly identified candidate for nomination or election to public office or a clearly identified ballot proposition and which does not expressly advocate the nomination, election or defeat of the candidate or the adoption or defeat of the ballot proposition;
(B) Can only be reasonably interpreted as an appeal to vote for or against the candidate or ballot proposition;
(C) Is made within thirty (30) calendar days of a primary election, sixty (60) calendar days of a general election or twenty-one (21) calendar days of any special election during which the candidate or ballot proposition will appear on the ballot; and
(D) Is targeted to the electors in the geographic area:
(I) The candidate would represent if elected; or
(II) Affected by the ballot proposition.
(ii) "Electioneering communication" does not mean:
(A) A communication made by an entity as a component of a newsletter or other internal communication of the entity which is distributed only to members or employees of the entity;
(B) A communication consisting of a news report, commentary or editorial or a similar communication, protected by the first amendment to the United States constitution and article 1, section 20 of the Wyoming constitution, which is distributed as a component of an email, internet website, magazine, newspaper or periodical or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, television station or satellite system;
(C) A communication made as part of a public debate or forum that invites at least two (2) opposing candidates for public office or one (1) advocate and one (1) opponent of a ballot proposition or a communication that promotes the debate or forum and is made by or on behalf of the person sponsoring or hosting the debate or forum;
(D) The act of producing or distributing an electioneering communication.
(iii) "Independent expenditure" means an expenditure that is made without consultation or coordination with a candidate, candidate's campaign committee or the agent of a candidate or candidate's campaign committee and which expressly advocates the:
(A) Nomination, election or defeat of a candidate; or
(B) Adoption or defeat of a ballot proposition.
(iv) "Organization", as used in this chapter, means any corporation, partnership, trade union, professional association or civic, fraternal or religious group or other profit or nonprofit entity or any other entity influencing an election, except a political party, political action committee or candidate's campaign committee.
22-25-102. Contribution of funds or election assistance
restricted; limitation on contributions; right to communicate; civil penalty.
(a) Except as otherwise provided in this section, no organization except a political party, political action committee or candidate's campaign committee, directly or indirectly through any officer, member, director or employee, shall contribute funds, other items of value or election assistance directly to any candidate or candidate's campaign committee or to any political party or political action committee which directly coordinates with a candidate or a candidate's campaign committee. The secretary of state shall promulgate rules to define direct coordination as prohibited by this section. No person shall solicit or receive a payment or contribution from an organization prohibited from making contributions under this subsection.
(b) Except as otherwise provided in this section, only a natural person, political party, or a political action committee or a candidate's campaign committee organized under W.S. 22-25-101 shall contribute funds or election assistance directly to any candidate or group of candidates. No person shall solicit or receive a political payment or contribution from any source other than a natural person, political party, political action committee or candidate's campaign committee organized under W.S. 22-25-101.
(c) Except as otherwise provided in this section, no individual other than the candidate, or the candidate's immediate family shall contribute directly or indirectly:
(i) To any candidate for statewide political office, or to any candidate for statewide political office’s candidate's campaign committee:
(A) More than two thousand five hundred dollars ($2,500.00) per election; and
(B) Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the date for the primary election. This subparagraph shall not apply to any candidate unopposed in the primary election or nominated in accordance with W.S. 22-4-303 or 22-5-301.
(ii) To any candidate for nonstatewide political office, or to any candidate for nonstatewide political office’s candidate's campaign committee:
(A) More than one thousand five hundred dollars ($1,500.00) per election; and
(B) Except as otherwise provided in this subparagraph, no contribution for the general election may be given prior to the date for the primary election. This subparagraph shall not apply to any candidate unopposed in the primary election or nominated in accordance with W.S. 22-4-303 or 22-5-301.
(iii) Repealed by Laws 2015, ch. 80, § 1.
(d) Repealed by Laws 2019, ch. 1, § 2.
(e) Any violation of the provisions of subsection (a), (b), (c), (j), (m) or (n) of this section is subject to a civil penalty up to five thousand dollars ($5,000.00) and costs including a reasonable attorney's fee for a first violation and up to ten thousand dollars ($10,000.00) and costs including a reasonable attorney's fee for a second or subsequent violation which shall be imposed in a court of competent jurisdiction. The amount of penalty imposed shall be in such amount as will deter future actions of a similar nature. An action to impose the civil penalty may be prosecuted by and in the name of any candidate adversely affected by the transgression, any political party, any county attorney, any district attorney or the attorney general. Proceeds of the penalty collected shall be paid to the state treasurer and credited as provided in W.S. 8-1-109.
(f) Direct contributions from any entity affiliated with a political party do not violate subsection (a) of this section. These contributions shall be a matter of internal party governance. Contributions to political parties are not subject to the limits of subsection (c) of this section provided the contributions are available to use as the appropriate party authorities choose and are not exclusively dedicated to any particular candidate. Contributions donated to a political party which are designated by the donor to be used only for a particular candidate and no other purpose are subject to the limitations of subsection (c) and of this section.
(g) The prohibitions in this section do not apply to contributions of funds or other items of value to political parties for the purpose of supporting multi-state or national political party conferences or conventions. Any contribution made pursuant to this subsection shall also comply with all applicable federal election commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferences or conventions shall file an itemized statement of contributions and expenditures with the secretary of state within ten (10) days after the conference or convention.
(h) No organization, political party, political action committee or candidate's campaign committee shall solicit or obtain contributions for any of the purposes specified in subsection (a) of this section from an individual on an automatic basis, including but not limited to a payroll deduction plan or reverse checkoff method, unless the individual who is contributing affirmatively consents in writing to the contribution. Nothing in this subsection shall be construed to authorize contributions otherwise prohibited under this election code.
(j) For purposes of subsection (c) of this section the primary, general and special elections shall be deemed separate elections. No candidate for political office shall accept, directly or indirectly, contributions which violate subsection
(c) of this section. Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate. Subsection (c) of this section does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate's campaign committee funds.
(k) The prohibitions in this section shall not be construed to prohibit any organization from:
(i) Exercising its first amendment rights to cause electioneering communications or independent expenditures to be made;
(ii) Bearing any portion of a political action committee's administrative costs or costs of soliciting contributions.
(m) Except as otherwise provided in this section, no political action committee shall contribute directly or indirectly more than five thousand dollars ($5,000.00) per election to any candidate for political office other than statewide political office. For purposes of this subsection the primary, general and special elections shall be deemed separate elections. No candidate for political office shall accept, directly or indirectly, contributions which violate this subsection. Contributions to a candidate's campaign committee shall be considered to be contributions to the candidate. This subsection does not limit political contributions by political parties, nor expenditures by a candidate from his own funds nor from his candidate's campaign committee funds.
(n) Contributions donated to a political action committee which are designated by the donor to be used only for a particular candidate and no other purpose are subject to the limitations of subsection (c) of this section.
(a) Identifiable expenses include:
(i) All forms of advertising expenses, including, but not limited to, radio, television, billboards and posters;
(ii) Printing expenses;
(iii) Expenses for retaining the services of a professional campaign consultant, or public relations or management firm;
(iv) Postage.
(b) Staff and postage expenses of a political party central committee, checking account service charges of a political action committee and a candidate's personal campaign expenses for travel and meals and checking account service charges are not identifiable expenses.
(c) Advertising expenses by a party central committee are not identifiable expenses for the candidate if the entire slate of candidates, below the national level, is advertised by the committee even though all candidates are not included in each advertisement so long as the expenses for each candidate on the slate are substantially the same in any election.
22-25-104. Restriction on party funds in primary elections.
No political party funds shall be expended directly or indirectly in the aid of the nomination of any one person as against another person of the same political party running in the primary election.
22-25-105. Campaign reporting forms; instructions and warning.
(a) The secretary of state shall prescribe the forms for reporting contributions and expenditures for primary, general and special election campaigns, together with written instructions for completing the form and a warning that violators are subject to criminal charges and civil penalties if the forms are not completed and filed pursuant to law. The forms along with instructions and warning shall be distributed to the county clerk and shall be made available, whether in electronic or paper form, by the county clerk to each person filing an application for nomination in his office and to each political action committee and candidate's campaign committee required to file with the county clerk.
(b) The secretary of state shall promulgate rules to allow the forms required pursuant to subsection (a) of this section and any other forms and reports required to be filed with him pursuant to this chapter to be filed electronically.
(a) Except as otherwise provided in subsections (g) and
(j) of this section and in addition to other reports required by this subsection:
(i) Every candidate, whether successful or not, shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
(ii) Repealed by Laws 2019, ch. 1, § 2.
(iii) Repealed by Laws 2019, ch. 1, § 2.
(iv) Reports under this subsection shall set forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures, including all identifiable expenses as set forth in W.S. 22-25-103. For purposes of this section, a contribution is reportable when it is known and in the possession of, or the service has been furnished to, the person or entity required to submit a statement of contributions and expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized. Contributions, expenditures and obligations itemized in a statement filed by a political action committee, a candidate's campaign committee or by a political party central committee need not be itemized in a candidate's statement;
(v) Statements under this subsection shall be filed with those officers as provided in W.S. 22-25-107.
(b) Reports of itemized statements of contributions and expenditures, and statements of termination shall be made with the appropriate filing officers specified under W.S. 22-25-107 and in accordance with the following:
(i) Except as otherwise provided in this section, any political action committee and candidate's campaign committee, or any political action committee formed under the law of another state that contributes to a Wyoming political action committee or to a candidate's campaign committee shall file an itemized statement of contributions and expenditures at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
(ii) A committee formed after an election to defray campaign expenses incurred during a previous election and any political action or candidate's campaign committee which has not filed a statement of termination shall file an itemized statement of contributions and expenditures on December 31 of each odd-numbered year;
(iii) All candidates and committees shall continue to make the reports required under this subsection until the committee terminates and the candidate or committee files a statement of termination with the appropriate filing officer. A statement of termination may be filed upon retirement of all debts;
(iv) Repealed by Laws 2019, ch. 1, § 2.
(c) All reports required by subsection (b) of this section shall be signed by both the chairman and treasurer. The reports shall set forth the full and complete record of contributions including cash, goods or services and actual and promised expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. Nothing in this subsection shall be construed to require the disclosure of the names of individuals paid to circulate an initiative or referendum petition. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized. If the contributions, expenditures or obligations were for more than one (1) candidate, the amounts attributable to each shall be itemized separately.
(d) The chairman of each political party central committee for the state or county, or an officer of the party designated by him, shall file an itemized statement of contributions of one hundred dollars ($100.00) or more, and any expenditures and obligations. The statement shall be filed within ten (10) days after a general or special election. The statement shall report all contributions, expenditures and obligations relating to campaign expenses, including normal operating expenses. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized. It shall attribute all campaign contributions, expenses and obligations to a specific candidate only if the campaign contributions, expenses and obligations can be specifically identified to that specific candidate to the exclusion of other candidates on the ticket. A copy of the statement shall be furnished to each candidate identified in the statement within ten (10) days after the general or special election.
(e) If inaccuracies are found in a statement filed in accordance with this section or additional contributions or expenditures become known after filing an amendment as required by paragraph (a)(i), (b)(i) or (h)(ii) of this section, amendments to the original statements or additional statements shall be filed within a reasonable time not to exceed thirty (30) days from the time the inaccuracies or additional contributions or expenditures became known. For purposes of this subsection, any net change less than two hundred dollars ($200.00) need not be reported.
(f) Repealed by Laws 2019, ch. 1, § 2.
(g) Candidates for federal office, campaign committees for candidates for federal office and federal political action committees that are making contributions or expenditures only to federal candidates or for federal issues shall not be required to file contribution and expenditure reports under this section if the candidate or the committee is required to comply with federal election law reporting requirements.
(h) An organization that expends in excess of one thousand dollars ($1,000.00) in any primary, general or special election to cause an independent expenditure or electioneering communication to be made shall file an itemized statement of contributions and expenditures with the appropriate filing office under W.S. 22-25-107. The statement shall:
(i) Identify the organization causing the electioneering communication or independent expenditure to be made and the individual acting on behalf of the organization causing the communication or expenditure to be made, if applicable;
(ii) Be filed at least seven (7) days but not more than fourteen (14) days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, shall be filed as an amendment to the statement within ten (10) days after the election;
(iii) Repealed by Laws 2019, ch. 1, § 2.
(iv) Only list those expenditures and contributions which relate to an independent expenditure or electioneering communication;
(v) Set forth the full and complete record of contributions which relate to an independent expenditure or electioneering communication, including cash, goods or services and actual and promised expenditures. The date of each contribution of one hundred dollars ($100.00) or more, any expenditure or obligation, the name of the person from whom received or to whom paid and the purpose of each expenditure or obligation shall be listed. All contributions under one hundred dollars ($100.00) shall be reported but need not be itemized. Should the accumulation of contributions from a person exceed the one hundred dollar ($100.00) threshold, all contributions from that person shall be itemized;
(vi) Be signed by both the chairman and treasurer of the organization, if those positions are present in the organization, or by the organization's designee.
(j) If a candidate has formed a candidate's campaign committee, the committee may file reports required by this section on behalf of the candidate if the candidate provides a signed document one (1) time each election cycle authorizing the committee to file reports on behalf of the candidate and attesting that the facts provided in the report are accurate. If a committee has filed a required report on behalf of a candidate under this subsection, the candidate shall not be required to separately file the report provided that the candidate shall remain individually responsible for any deficiencies in a report filed by the committee.
(k) Reports or statements filed under this section shall be filed under penalty of perjury.
(a) All reports required under this chapter shall be filed as follows:
(i) Any candidate for a municipal, county, judicial, school or college board office and any political action committee or candidate's campaign committee supporting such a candidate and any political action committee or organization supporting or opposing a municipal initiative or referendum or ballot proposition within the county, or any organization that causes an independent expenditure or electioneering communication to be made within the county, shall file with the county clerk;
(ii) Any candidate for a state legislative or district judgeship office and any political action committee or candidate's campaign committee supporting or opposing such a candidate, shall file with the secretary of state;
(iii) Any candidate for statewide office shall file with the secretary of state;
(iv) A county party central committee shall file with the secretary of state;
(v) A state party central committee shall file with the secretary of state;
(vi) Precinct committeemen and precinct committeewomen elected at the primary election shall not be required to file a statement of contributions and expenditures;
(vii) Any political action committee or organization supporting or opposing any statewide initiative or referendum petition drive, any statewide ballot proposition or any candidate for statewide office and any organization causing an electioneering communication or an independent expenditure to be made and filing pursuant to W.S. 22-25-106(b)(i) or (h) shall file reports required by this section with the secretary of state.
(b) Reports required to be filed at least seven (7) days before any primary, general or special election shall be filed electronically.
(c) Any reports required under this chapter to be filed with:
(i) The secretary of state, shall be filed electronically as provided under W.S. 9-2-2501;
(ii) A county clerk, may be filed electronically if the board of county commissioners has adopted rules consistent with the requirements of W.S. 9-2-2501 which allow for electronic filing.
(d) Whenever "county clerk" is used in this chapter, it means the county clerk of the county in which the person resides.
(e) The secretary of state shall maintain a searchable database of reports filed pursuant to this chapter available to the public on or through the Internet as defined in W.S. 9-2-3219(a)(iii). The secretary of state shall be responsible for the provision of training and instruction for filers on how to access and use the campaign finance electronic filing system. The training shall be for the purpose of educating filers about use of the system, and is not intended to assist filers with filing their reports.
22-25-108. Failure of persons to file reports; notice; penalties; reconsideration.
(a) Any person required to file a report under W.S. 22-25-106 shall be given notice prior to an election, by the appropriate filing office specified under W.S. 22-25-107, that failure to file the report within the time required by that section shall subject the person to civil penalties as provided in subsection (f) of this section. The notice shall inform any candidate's campaign committee, organization, political party or political action committee that the officers responsible for filing the report shall be subject to the same civil penalties as the candidate's campaign committee, organization, political party or political action committee for failure to file the report.
(b) Any person who fails to file a report under W.S. 22-25-106 within the time required by that section shall have their name printed on a list drafted by the appropriate filing office. The filing office shall:
(i) Immediately post the list in the filing office and make the list available to the public;
(ii) Notify the person at their address of record that the person has twenty-one (21) days from the date the notice was sent to comply with W.S. 22-25-106 or be subject to civil penalties as provided in subsection (f) of this section.
(c) Repealed by Laws 2018, ch. 40, § 2.
(d) Repealed by Laws 2018, ch. 40, § 2.
(e) Repealed by Laws 2018, ch. 40, § 2.
(f) The appropriate filing office or the county attorney, for reports required to be filed with the county clerk, shall issue a final order imposing the civil penalty specified in this subsection against any person failing to comply with W.S. 22-25-106 twenty-one (21) days from the date the notice was sent under subsection (b) of this section. The final order shall be sent to the person at their address of record and shall notify the person of the right to request reconsideration of the order as provided in subsection (h) of this section. The filing office or county attorney shall impose the following civil penalty in the final order after giving due consideration to the willfulness of the failure to file, the person's level of experience with reporting requirements under this act, efforts made to obscure the identity of the person required to file and any other factor evidencing an intent to evade reporting requirements under this act:
(i) Up to five hundred dollars ($500.00) per day beginning on the date of the final order and ending when the report is filed for a failure to file a report with the secretary of state;
(ii) Up to two hundred dollars ($200.00) per day beginning on the date of the final order and ending when the report is filed for a failure to file a report with the county clerk.
(g) Any candidate required to file a report under W.S. 22-25-106 who authorizes the candidate's campaign committee to file on their behalf as provided by W.S. 22-25-106(j) shall be jointly and severally liable with the candidate's campaign committee for any civil penalty imposed under this section.
(h) Any person may, within twenty (20) days of the date of a final order issued pursuant to subsection (f) of this section, request reconsideration of the order and submit documentation to the appropriate filing office or county attorney showing good cause for a failure to file a report. The filing office or county attorney may, after a decision finding good cause, waive any civil penalty imposed under this section provided that the person files the report within the time specified in the decision. A decision to not waive an imposed penalty by the secretary of state is subject to the contested case procedures of the Wyoming Administrative Procedure Act. A decision to not waive an imposed penalty by the county attorney is appealable to a circuit court of appropriate jurisdiction.
(j) A civil penalty imposed under this section shall be paid within thirty (30) days of the date of the final order issued pursuant to subsection (f) of this section or the date of a decision denying reconsideration by the appropriate filing office or county attorney, whichever is later. Any penalty not paid within the time required by this subsection is delinquent and shall bear interest at a rate of eighteen percent (18%) per annum until paid or collected, provided that no penalty is due and no interest shall accrue during any period in which the penalty is being reviewed by a court or during the pendency of a contested case proceeding. The filing office for the state shall notify the attorney general of a delinquent civil penalty.
(k) A delinquent civil penalty may be recovered in an action brought in the name of the state of Wyoming in any court of appropriate jurisdiction. In addition to any other remedy provided by law for the recovery of the penalty and any interest thereon, the county attorney or the attorney general, as appropriate, may recover any costs or damages relating to the recovery effort including attorney's fees. No filing fee shall be charged for the filing of an action under this subsection nor shall a fee be charged for service of process.
(m) Civil penalties and any interest thereon shall be paid to the clerk of court with jurisdiction over the matter for deposit to the public school fund of the county in which the fine was assessed. Any recovered costs or damages relating to the recovery effort shall be retained by the county or the state, as appropriate.
22-25-110. Campaign advertising in communications media.
(a) It is unlawful for a candidate, political action committee, organization, including organizations causing an electioneering communication or an independent expenditure to be made, candidate's campaign committee, or any political party central committee to pay for campaign literature or campaign advertising without conspicuously displaying or speaking the following disclosure: "paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)". The disclosure set forth in this subsection shall be required in the following forms of campaign literature or campaign advertising:
(i) Printed campaign literature or campaign advertising including mailers, pamphlets, brochures, periodicals or billboards;
(ii) Campaign advertising appearing on the radio or distributed through a telephone or cellular system or other solely auditory medium;
(iii) Campaign advertising appearing on television;
(iv) Paid placement of campaign advertising on the internet or other electronic communication network. This paragraph shall not apply when including the disclosure is impracticable due to size and text limitations in electronic campaign advertising, provided that the campaign advertising shall include a hyperlink to an internet website containing the disclosure.
(b) For purposes of this section, "campaign literature or campaign advertising" does not include small campaign items such as tickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons and yard signs displaying the name of the candidate or office sought and any other items specified by rule of the secretary of state.
(c) Repealed by Laws 2019, ch. 1, § 2.
22-25-115. Written campaign advertising; prohibiting placement on public property; exception.
Except as provided herein, written campaign advertising shall not be placed on or attached to any real or personal property of the state or its political subdivisions. This prohibition shall not apply to fairgrounds of the Wyoming state fair or of any county fair organized under the laws of this state. The University of Wyoming, any community college and school district may permit such advertising subject to regulation by their governing board as to time, place and manner. Any rules and regulations adopted shall provide for equal access to opposing political views. Subject to the approval of the landowner and any rules and regulations adopted by a municipality, campaign materials may be placed on municipal street rights-of-way. The department of transportation shall allow campaign materials to be placed on a state right-of-way within a municipality to the same extent which the municipality allows campaign materials to be placed on municipal street rights-of-way. Nothing in this section shall apply to any interstate highway.
22-25-116. Prohibition of foreign funding influencing statewide ballot measures.
(a) As used in this section:
(i) "Directly or indirectly" means acting either alone or jointly with, through or on behalf of any committee, organization, person or entity;
(ii) "Foreign national" means as defined in 52 U.S.C. § 30121(b);
(iii) "Prohibited source" means contributions from or expenditures by a foreign national.
(b) No foreign national shall direct, control or otherwise directly or indirectly participate in the decision making of any political action committee or organization supporting or opposing any statewide initiative or referendum petition drive. No foreign national shall solicit, directly or indirectly, the making of a donation, contribution or expenditure by another person to influence a ballot initiative.
(c) Each political action committee or organization supporting or opposing any statewide initiative or referendum that is required to file reports with the secretary of state under W.S. 22-25-107(a)(vii) shall file an accompanying certification regarding funding from prohibited sources as provided in this paragraph and each itemized statement of contributions and expenditures required by W.S. 22-25-106(b) or (h). The certification shall include the following statements:
(i) That no expenditure of the political action committee or organization was knowingly, whether directly or indirectly, funded by a prohibited source;
(ii) That the political action committee or organization shall not knowingly, whether directly or indirectly, receive, solicit or accept contributions or expenditures from a prohibited source in any manner;
(iii) That the political action committee or organization will keep records of contributions and expenditures for a period of not less than five (5) years to enable the enforcement of this section.
(d) For each contribution to a political action committee or organization supporting or opposing any statewide initiative or referendum petition that is required to file reports with the secretary of state under W.S. 22-25-107(a)(vii), before accepting the contribution the group shall obtain affirmation from the donor that the donor is not a foreign national and that the donor has not knowingly, whether directly or indirectly, accepted more than one hundred thousand dollars ($100,000.00) in aggregate from prohibited sources in the immediately preceding four (4) year period.
(e) The secretary of state may bring a civil action to enforce the provisions of this section. A violation of this section is subject to a civil penalty of up to twice the amount of any prohibited contribution or expenditure. The secretary of state may obtain injunctive relief from a court of competent jurisdiction to prevent further violations of this section.
(a) The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:
(i) Repealed by Laws 2018, ch. 40, § 2.
(ii) Unlawful opening of a ballot box;
(iii) Unlawful opening of a voting machine;
(iv) Unlawful possession of a key;
(v) Repealed by Laws 2018, ch. 40, § 2.
(vi) Falsifying election documents;
(vii) False swearing;
(viii) Offering a bribe;
(ix) Accepting a bribe;
(x) Intimidation;
(xi) Violating W.S. 22-9-125(d)(iv).
(a) Registration offenses consist of performing any of the following acts in connection with or related to the election process or an election:
(i) Signing or offering to sign an application to register when not a qualified elector or to register under a false name or residence address;
(ii) Soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce a person to register under the name of any other person, or a false name, or to register when not a qualified elector;
(iii) Destroying or altering a registration record when not authorized by law;
(iv) False swearing after being challenged.
(b) Unless otherwise provided in subsection (c) of this section, registration offenses are misdemeanor offenses punishable by a fine of not more than two hundred dollars ($200.00).
(c) Registration offenses committed with the intent to deceive a registration official are high misdemeanor offenses punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.
(d) Second or subsequent offenses under subsection (c) of this section are felony offenses punishable by not more than five (5) years imprisonment, a fine of not more than ten thousand dollars ($10,000.00), or both.
(e) The county sheriff shall investigate registration offenses at the request of a county clerk who has reasonable cause to believe that a person has committed a registration offense. After an investigation and a finding that the allegation has merit, the county sheriff shall refer the matter to the district attorney for prosecution in the appropriate courts of this state.
Unlawful opening of a ballot box consists of opening a ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others so to open a ballot box.