Unlawful opening of a voting machine consists of opening, unlocking, inspecting, tampering with, resetting or adjusting a voting machine without lawful authority, or conspiring with others to do so.
Unlawful possession of a key consists of the possession at any time of a key to a voting machine or ballot box, or making a duplicate thereof, unless authorized by law.
(a) False voting consists of performing any of the following acts in connection with or related to the election process or an election:
(i) Voting, or offering to vote, when not a qualified elector entitled to vote at the election;
(ii) Voting, or offering to vote, in the name of another person or under a false name;
(iii) Voting, or offering to vote, in a precinct other than that in which qualified to vote;
(iv) Voting, or offering to vote, more than once in an election.
(b) Unless otherwise provided in subsection (c) of this section, false voting is a misdemeanor offense punishable by a fine of not more than two hundred dollars ($200.00).
(c) False voting committed with the knowledge of not being a qualified elector entitled to vote at the election or in that precinct is a high misdemeanor offense 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 acts of false voting at the request of a county clerk who has reasonable cause to believe that a person has committed false voting. 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.
(a) Falsifying election documents consists of performing any of the following acts with the intent to deceive or mislead an elector or an election official:
(i) Printing, distributing or displaying false instructions for voting or for the conduct of an election;
(ii) Printing, distributing or displaying any official ballot, sample ballot or pretended ballot which includes the name of a person not entitled by law to be on the ballot, or omits the name of a person entitled by law to be on the ballot, or otherwise contains false information or headings;
(iii) Defacing, altering, forging, making false entries in or changing in any way a petition, certificate of nomination, registration record or election return required by law;
(iv) Preparing or submitting a false certificate of nomination, registration record or election return.
(a) Offering bribe consists of willfully advancing, paying, offering to pay or causing to be paid, or promising, directly or indirectly, any money or other valuable thing to a person, for any of the following purposes:
(i) To induce a person to vote or refrain from voting for or against a candidate or ballot proposition or to sign or not sign a petition;
(ii) To induce an election official to mark, alter, suppress or change a ballot that has been cast, an election return, any certificate of election, or petition.
Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money or other valuable thing for any of the unlawful purposes specified in W.S. 22-26-109.
(a) Intimidation consists of:
(i) Inducing, or attempting to induce, fear in an election official or elector by use of threats of force, violence, harm or loss, or any form of economic retaliation, for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the Election Code; or
(ii) Soliciting the contribution of funds, other items of value or election assistance to the campaign of any candidate, candidate’s committee, political action committee or sponsors of a ballot proposition, by use of threats of physical violence or any form of economic or official retaliation.
(b) It is not a defense to a prosecution under this section that the defendant did not in fact possess the ability to carry out the threat made.
(a) Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:
(i) Electioneering too close to a polling place;
(ii) Disturbing a polling place;
(iii) Unlawful possession of alcoholic or malt beverages at a polling place;
(iv) Accepting or expending any money or incurring any obligation on behalf of any candidate for nomination or election to office without such candidate's prior written approval;
(v) Employer interfering with political rights of employees;
(vi) Discharging an employee because of nomination for or election to political office;
(vii) Causing or attempting to cause a candidate to withdraw or refuse nomination or election;
(viii) Violating W.S. 22-2-113;
(ix) Violating W.S. 22-25-101 through 22-25-115;
(x) Filing or signing a false statement of contributions and expenditures required by W.S. 22-25-106.
22-26-113. Electioneering too close to a polling place.
(a) Electioneering too close to a polling place or absentee polling place under W.S. 22-9-125 when voting is being conducted, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards on the day of a primary, general or special election and within one hundred (100) feet on all other days, of any public entrance to the building in which the polling place is located. This section shall not apply to bumper stickers affixed to a vehicle while parked within or passing through the distance specified in this subsection, provided that:
(i) There is only one (1) bumper sticker per candidate affixed to the vehicle;
(ii) Bumper stickers are no larger than four (4) inches high by sixteen (16) inches long; and
(iii) The vehicle is parked within the distance specified in this subsection only during the time the elector is voting.
Disturbing a polling place consists of creating any disorder or disruption at a polling place on election day, or absentee polling place under W.S. 22-9-125, or interfering with the orderly conduct of an election.
22-26-115. Unlawful possession of alcoholic or malt beverages.
Unlawful possession of alcoholic or malt beverages at a polling place consists of the use or possession of any alcoholic or malt beverages by an election official while performing his official duties or the use or possession by any person of these beverages in a polling place during an election.
22-26-116. Interfering with employee's political rights.
Interfering with an employee's political rights consists of an employer making, adopting, enforcing or attempting to enforce any order, rule, regulation or policy forbidding or preventing any employee from becoming a candidate for public office or for a position on any public board or commission or making, adopting, enforcing or attempting to enforce any order, rule, or regulation controlling or attempting to control such employee's vote on any question at any public election, or in any public position or board or in any office to which such employee may be appointed or elected.
22-26-117. Discharging employee because of nomination for or election to office.
Discharging an employee because of nomination for or election to office consists of any employer discharging or causing to leave his, or their employ, temporarily or permanently, any person or persons because he or they have been nominated as a candidate for or elected to any position of honor, trust or emolument, to be voted for at any election, held in pursuance of the laws of this state.
22-26-118. Causing or attempting to cause candidate to withdraw or refuse nomination or election.
Causing or attempting to cause a candidate to withdraw or refuse nomination or election consists of any person, or agent, or officer, or any company, or corporation either causing or attempting to cause any person or persons nominated as candidates or elected at any election, to withdraw, or refrain from accepting such nomination or election by threatening loss of employment, business or patronage, if he or they accept such candidacy or election, or making it a condition of employment, business or patronage, that such candidacy or election shall not be accepted.
22-26-119. Violation of Election Code by officials.
Violation of the Election Code by an official consists of the willful violation of the Election Code by any official or by any deputy or assistant official, or the willful failure or refusal of any official or assistant to perform an act or duty required of him by the Election Code. Any official, deputy or assistant who commits a violation of the Election Code is guilty of a felony and, in addition to the penalty prescribed by W.S. 22-26-101, is subject to removal from office in a proceeding instituted for that purpose.
22-26-120. Violation of Election Code when specific penalty not imposed.
If the Election Code does not impose a specific penalty for the willful violation of a provision prohibiting a specific act or requiring the discharge of a specific duty, whoever knowingly commits a violation or fails to discharge the duty is guilty of a misdemeanor punishable by the penalty prescribed by W.S. 22-26-112.
22-26-121. Violations of election code; complaints; investigations and prosecutions.
(a) Except as otherwise provided in this section, any person may file a written complaint with the secretary of state regarding any violation of the Election Code by any statewide or legislative candidate, committee or organization or any violation of W.S. 22-25-106(d) by a county party central committee. If the secretary of state finds that the complaint has merit and suspects a violation of the Election Code, he shall refer the complaint to the Wyoming attorney general for investigation and prosecution. The attorney general may prosecute the complaint in the district court for the district in which the violation was alleged to occur or in the district court for Laramie county if the violation is reasonably believed to occur in more than one (1) judicial district.
(b) Except as otherwise provided in this section, any person may file a written complaint with the county clerk regarding any violation of the Election Code by any county or municipal candidate, committee or organization. If the county clerk finds that the complaint has merit and suspects a violation of the Election Code, the county clerk shall refer the complaint to the district attorney for the county in which the candidate resides for investigation and prosecution.
(c) Complaints that the secretary of state violated the Election Code shall be filed with the attorney general for investigation and prosecution. Complaints that the county clerk violated the Election Code shall be filed with the district attorney for the county for investigation and prosecution.
(d) The secretary of state or the county clerk may refer any suspected violation of the Election Code to the appropriate prosecuting authority as provided in this section.
(e) A complaint of a violation of W.S. 22-26-102 or 22-26-106 shall be filed with the county clerk for the county in which the elector resides and be investigated by the county sheriff as provided in those sections. If the county clerk or other appropriate official specified in W.S. 22-26-102(e) or 22-26-106(e) fails or refuses for any reason to take action on the elector's complaint, the elector may file a complaint with the Wyoming attorney general.
(f) As used in this section:
(i) "County or municipal candidate, committee or organization" means any county or municipal candidate, candidate committee for county or municipal office, political action committee for county or municipal candidate, political action committee or organization supporting or opposing a municipal initiative or referendum petition drive or ballot proposition within a county or political subdivision, county party central committee or any other person not identified in paragraph (ii) of this subsection;
(ii) "Statewide or legislative candidate, committee or organization" means any statewide or legislative candidate, candidate committee for statewide or legislative office, political action committee or organization supporting or opposing any statewide or legislative candidate or any statewide initiative or referendum petition drive or ballot proposition, or state party central committee.
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application; and to this end the provisions of this act are severable.
(a) As used in this act:
(i) "Director" or "district director" means a voting member of the governing body of a special district, regardless of what title is used in the principal act;
(ii) "Principal act" means the statutes under which a special district listed under W.S. 22-29-103(a) can be formed or is operating;
(iii) "Business day" means any day other than Saturday, Sunday or a legal holiday in this state as designated in W.S. 8-4-101;
(iv) "This act" means W.S. 22-29-101 through 22-29-601.
22-29-103. Applicability to special districts; general provisions.
(a) This act applies to the following districts as specified in subsection (b) of this section:
(i) Special cemetery districts;
(ii) Conservation districts;
(iii) Fire protection districts, including county commission fire protection districts;
(iv) Flood control districts;
(v) Hospital districts;
(vi) Improvement and service districts;
(vii) Special museum districts;
(viii) Rural health care districts;
(ix) Sanitary and improvement districts;
(x) Water and sewer districts;
(xi) Watershed improvement districts;
(xii) Resort districts;
(xiii) Senior health care districts;
(xiv) Other districts as specified by law.
(b) This act specifies requirements pertaining to elections and changes in the organization of the districts listed in subsection (a) of this section where the principal act is silent or unclear. Except as provided by W.S. 22-29-202(c) and 22-29-401(b) and (c), the specific provisions of a principal act are effective and controlling to the extent they conflict with this act.
(c) If a proposed district crosses county boundaries, then any required filing with a county clerk shall be filed with or certified to the county clerks of the counties affected. Any action required or permitted by this act, a principal act or applicable rules to be undertaken by a county commission or the county commissioners shall be undertaken jointly by the county commissioners for each county involved. In undertaking joint action, each county commissioner's vote shall be weighted in proportion to the number of county commissioners and the population of electors of the district residing within that commissioner's county. The population of electors shall be determined by the most recent voter registration lists. Any consultation required of the county assessor or county treasurer shall be made jointly by the county assessor or county treasurer of all the affected counties.
(d) If a district is authorized to promulgate rules and regulations or adopt ordinances or bylaws, the district shall file any rules and regulations it promulgates, ordinances or bylaws it adopts and any amendments thereto with the county clerk for each county in which it is located. No rule, regulation, ordinance or bylaw shall be effective unless filed in accordance with this subsection.
(e) All special districts shall file a copy of the document authorizing formation or modification of boundaries, a citation to the law under which it is formed and a copy of an official map or legal description designating the geographical boundaries of the district or the changes to its geographical boundaries with the department of revenue, the county assessor and the county clerk in the county or counties within which the entity is located in accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax districts and as follows:
(i) Within ten (10) business days after the effective date of formation; and
(ii) Annually, by a date determined by the department, if a special district has changes to its geographical boundaries by enlargement, merger, consolidation, exclusion or dissolution in the preceding year.
(f) The department of revenue in adopting rules implementing the provisions of subsection (e) of this section may accept in lieu of a document authorizing the original formation of a district a statement of the district secretary stating that the document is unavailable together with a map or other description of the current boundaries of the district which allows the department to accurately ascertain the property within the district.
22-29-104. Definitions when principal act is silent.
(a) When used in a principal act, the following definitions apply, unless the term is otherwise specifically defined in that principal act:
(i) "Elector" means a qualified elector;
(A) Repealed By Laws 1998, ch. 115, § 5.
(B) Repealed By Laws 1998, ch. 115, § 5.
(C) Repealed By Laws 1998, ch. 115, § 5.
(D) Repealed By Laws 1998, ch. 115, § 5.
(E) Repealed By Laws 1998, ch. 115, § 5.
(F) Repealed By Laws 1998, ch. 115, § 5.
(ii) "Landowner" means a person holding record fee title to real property within the district or proposed district or a person obligated to pay general property taxes under a contract to purchase real property within the district or proposed district. It does not include a person who owns only personal property even though such personal property may be subject to levy. As used in this paragraph, "person" includes an individual, corporation, partnership, association or other entity owning land in the district provided the individual who signs the petition for a corporation, partnership or association presents the election judge with a written authorization to sign for the corporation, partnership or association;
(iii) Repealed By Laws 1998, ch. 115, § 5.
(iv) "Property owner" means a landowner;
(v) "Qualified elector" means a natural person who:
(A) Is a citizen of the United States;
(B) Is a bona fide resident of the district or proposed district;
(C) Will be at least eighteen (18) years of age on the day of the next election;
(D) Is not currently adjudicated mentally incompetent;
(E) Has not been convicted of a felony, or, if so convicted, has had his civil or voting rights restored;
(F) Has registered to vote; and
(G) Has been a bona fide resident of Wyoming for not less than thirty (30) days before the date of the next election.
(vi) "Resident" or "residence" means as defined in the Wyoming Election Code;
(vii) "Voter" means a qualified elector;
(viii) "Written authorization" means an affidavit filed with the county clerk setting forth a general legal description of the property owned, the street or common name address for the property, the name or names of all owners of the property described, and a statement that the person signing the written authorization is the only person having authority to act on behalf of the owner or owners of the property.
22-29-105. Petitions; number of signatures required; contents of formation petition.
(a) A petition to form a special district shall be signed by not less than twenty-five percent (25%) of the landowners owning at least twenty-five percent (25%) of the assessed valuation of property within the area proposed to be established as a special district in one (1) or more counties or any part of a county, as shown by the assessment records of the property in said area.
(b) A petition for enlargement of a district shall be signed by not less than twenty-five percent (25%) of the voters owning not less than twenty-five percent (25%) of the assessed valuation of property within the area proposed to be included. If there are no voters within an area proposed to be included in a district, an enlargement petition shall be signed by not less than twenty-five percent (25%) of the landowners owning not less than twenty-five percent (25%) of the assessed valuation of property within the area proposed to be included.
(i) Repealed By Laws 1998, ch. 115, § 5.
(ii) Repealed By Laws 1998, ch. 115, § 5.
(c) A petition for merger and a petition for consolidation shall be signed by not less than twenty-five percent (25%) of the voters owning not less than twenty-five percent (25%) of the assessed valuation of property within each of the districts proposed to be included.
(i) Repealed By Laws 1998, ch. 115, § 5.
(ii) Repealed By Laws 1998, ch. 115, § 5.
(d) A petition for dissolution shall be signed by not less than twenty-five percent (25%) of the voters owning not less than twenty-five percent (25%) of the assessed valuation of property within the district.
(i) Repealed By Laws 1998, ch. 115, § 5.
(ii) Repealed By Laws 1998, ch. 115, § 5.
(e) Repealed By Laws 1998, ch. 115, § 5.
(f) The petition for formation shall state:
(i) The proposed name for the district;
(ii) The boundaries of the district, including a map, and describe the lands situated therein with particularity;
(iii) A request that a district be formed under a principal act and pursuant to this act;
(iv) Describe generally the purpose of the proposed district and the services to be provided, acquired, operated or constructed;
(v) In detail, the proposed method for financing improvements or services to be provided within the first year of operation after formation;
(vi) The number and names of persons willing to serve, or apply for election, as the initial board of directors of the district as required by the principal act;
(vii) Who shall be responsible for the costs associated with formation.
22-29-106. Requirements for signers of petition; signer's withdrawal prohibited; chief petitioners designated.
(a) This section applies to petitions authorized under a principal act or this act. Each person who signs a petition shall add after the signature the date of signing. If a person is signing the petition as an elector, the person shall add after his signature the person's date of birth and place of residence, giving street and number or a designation sufficient to enable the place of residence to be readily ascertained. If the signer is signing the petition as a landowner, the number of acres of land owned by the signer and the name of the county whose assessment roll is used for the purpose of determining the signer's right to vote shall be stated in the body of the petition or indicated opposite the signature. If the signer is a legal representative of the owner, the signature shall be accompanied by the signer's written authorization to sign as a legal representative.
(b) After a petition has been offered for filing, a person may not withdraw his name therefrom.
(c) A petition shall designate not more than three (3) persons as chief petitioners, setting forth their names and mailing addresses. A petition may consist of a single instrument or separate counterparts.
(d) The secretary of state shall, after consultation with the county clerks, develop uniform petition forms which shall be used by special districts.
22-29-107. Requirements of filing petition; validity and certification of signatures.
(a) A petition shall not be accepted for filing unless the signatures thereon have been secured within six (6) months of the date on which the first signature on the petition was affixed. Petitions required to be filed with the county commissioners shall be filed with the county clerk. Petitions required to be filed with the district board shall be filed with the secretary of the district board. It is not necessary to offer all counterparts of a petition for filing at the same time, but all counterparts when certified as provided by subsection (c) of this section shall be filed at the same time.
(b) Within ten (10) business days after the date a petition is offered for filing, the county clerk or district secretary, as the case may be, shall examine the petition and determine whether it is signed by the requisite number of qualified signers. If the requisite number of qualified signers have signed the petition, the county clerk or district secretary shall file the petition. If the requisite number have not signed, the county clerk or district secretary shall so notify the chief petitioners and may return the petition to the petitioners.
(c) A petition shall not be filed unless the certificate of the county clerk or the district secretary is attached thereto certifying that the county clerk or district secretary has verified the qualifications of the signers with the appropriate records, that the county clerk or district secretary has ascertained therefrom the number of qualified signers appearing on the petition, and that the petition is signed by the requisite number of qualified signers.
(d) Repealed By Laws 1998, ch. 115, § 5.
22-29-108. Method of determining validity of landowner signatures.
(a) In examining any petition required or permitted to be signed by landowners, the county clerk or district secretary shall disregard the signature of a person not shown as owner on the assessment roll unless prior to certification the secretary or county clerk is furnished with written evidence, satisfactory to the county clerk or district secretary, that the signer:
(i) Is a legal representative of the owner;
(ii) Is entitled to be shown as owner of land on the assessment roll; or
(iii) Is a purchaser under a contract to purchase real property.
22-29-109. County commissioners' action on formation petition.
(a) A petition for formation of a district shall be filed with the county commissioners. Before the petition is filed, the county assessor and the department of revenue shall review, within sixty (60) days of receiving notice of the petition, the boundaries of the proposed district for any conflict, overlap, gap or other boundary issue and make written comments thereon to be submitted with the petition. Further, the petition shall be approved by any agency required by the principal act to approve the petition. If the petition satisfies all requirements of the principal act, the county commissioners shall:
(i) Set a date for a hearing on the petition. The hearing shall be held not less than forty-five (45) days nor more than ninety (90) days after the date the petition is filed;
(ii) The county commissioners shall cause notice of the hearing to be posted in at least three (3) public places and published by two (2) insertions in a newspaper of general circulation in that county or counties in which all or any part of the district is proposed to be located. The last of the notices shall be published at least ten (10) business days prior to the hearing. The notice shall state:
(A) The purpose for which the district is to be formed;
(B) The name and boundaries of the proposed district;
(C) The time and place of the hearing on the petition; and
(D) That all interested persons may appear and be heard.
(b) Any person may appear at the hearing and shall be heard concerning any and all matters affecting the creation of the district, and a record of the proceedings shall be made and kept as a part of the public records of the board of county commissioners.
(c) At the time stated in the notice, the county commissioners shall hear the petition and determine if the area could be benefited by the formation of the district. It may adjourn the hearing from time to time, but not exceeding four (4) weeks in all unless additional notice is given. The county commissioners may alter the boundaries set forth in the petition to either include or exclude territory. In determining the boundaries of the proposed district, the board shall consider the benefit the proposed district will have within the territory in or out of the proposed district. The commissioners shall not modify the boundaries so as to exclude from the proposed district any land which could be benefited by its formation, nor shall there be included any land which will not, in the judgment of the board, be benefited. In no event shall property which may be subject to a district assessment be included in the boundaries of a district if the owner of the assessed property is precluded by applicable state or federal law, rule or regulation from using the services provided by the formation of the district.
(d) If the county commissioners determine, after consultation with the county assessor, that any land has been improperly omitted from the proposed district and that the owner has not appeared at the hearing, the commissioners shall continue the hearing and shall order notice given to the nonappearing owner requiring the owner to appear before it and show cause, if any, why the land of the owner should not be included in the proposed district. The notice shall be given either by posting and publication, in the same manner as notice of the original hearing and for the same period, or by personal service on each nonappearing owner. If notice is given by personal service, service shall be made at least ten (10) business days prior to the date fixed for the further hearing.
(e) If within thirty (30) days after adjournment of the hearing, written protests, signed by the owners of at least thirty-five percent (35%) of assessed valuation of property included in the proposed district, are presented to the board of county commissioners, the proposal and the district shall fail.
(f) If the county commissioners approve the petition for formation, as presented or as modified, the county commissioners shall enter an order declaring its approval. The order shall set forth the name of the proposed district and a description of the boundaries. Upon the entering of this order, the commissioners shall direct that the question of formation of the district and the election of the initial directors be submitted to the electors of the proposed district to be held in their respective counties by mail ballot or on the next election date authorized under W.S. 22-21-103 which is at least one hundred ten (110) days after the expiration of the thirty (30) day period described in subsection (e) of this section.
(g) Any errors or changes on the map or in the legal description shall be corrected, and the corrected version shall be displayed at the polls on election day or included in each mail ballot package. The map shall be developed after consultation with the county assessor for each affected county to ensure accuracy.
22-29-110. County clerk to publish proclamation; filing period.
(a) Between one hundred one (101) and ninety-one (91) days before an organizational election held in conjunction with a primary or other August election, between ninety (90) and seventy (70) days before an organizational election held in conjunction with a May, general, November or mail ballot election held at any other time, the county clerk shall publish at least once in a newspaper of general circulation in each county in which all or part of the proposed district is situated a proclamation setting forth the date of the election, what county clerk is the filing officer, the question of formation, what offices are to be filled including the terms of the offices, the filing period for the offices and other pertinent election information. Minor errors in the proclamation shall not invalidate the forthcoming election.
(b) Between ninety-six (96) and eighty-one (81) days before a formation election held in conjunction with a primary or other August election, between ninety (90) and seventy (70) days before a formation election held in conjunction with a May, general, November or mail ballot election held at any other time, candidates may file an application for election in the office of the county clerk. The principal act shall determine who is eligible to be a candidate. The application shall be in substantially the following form: APPLICATION FOR ELECTION SPECIAL DISTRICT DIRECTOR I, the undersigned, swear or affirm that I was born on ...., (year); that I have been a resident of .... district since ...., residing at ....; that I am an elector or landowner (check which one for eligibility) of said district and I do hereby request that my name, ...., be printed on the ballot of the formation (or other) election to be held on .... day of ...., (year) as a candidate for the office of director for a term of .... years. I hereby declare that if I am elected, I will qualify for the office. Dated .... Signature of Candidate
(c) The county clerk shall publish a sample ballot with the question of formation and candidates for directors together with any other ballot proposition at least once in a newspaper of general circulation in each county in which all or part of the proposed district is located, at least ten (10) business days prior to the election.
(d) No petitions for nomination shall be required in any election for district director. Any eligible person wishing to run for a special district office shall file an application for election as specified in subsection (b) of this section.
(e) A county clerk receiving an application for election shall determine whether the person seeking election is an eligible candidate.