SF 114

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                            STATE OF WYOMING
                           SENATE FILE NO. SF0114
 Election of representatives by county.
 Sponsored by: Senator(s) McKeown, Cooper and Laursen, D
                                    A BILL
                                        for
1 AN ACT relating to elections; providing for the election of
2 representatives  to the   Wyoming house of representatives;
3 specifying       requirements     for        nominations   and    elections;
4 specifying       apportionment  and     counting    procedures    for
5 elections of representatives; making conforming amendments;
6 providing    for        the   apportionment       of   house     legislative
7 districts    and     the      number    of     representatives    for   each
8 district; specifying applicability; and providing for an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13Section     1.    W.S.    22-30-101       through    22-30-103    are
14 created to read:
15
16CHAPTER 30
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1ELECTION OF STATE REPRESENTATIVES
2
322-30-101.     General  elections  for  state
4 representatives; ballot design and format.
5
6(a)   At each general election, there shall be elected
7 for each district a number of representatives for the state
8 legislature as provided for in W.S. 28-2-119.
9
10(b)   The ballot for electing representatives at  the
11 general election shall include:
12
13(i)    The     name       of    each    political      party    that
14 nominates     a    list    of    candidates     in    all   capital    letters,
15 followed by the phrase "List of Candidates" and the names
16 of     the   nominated      candidates  in    the    order     of    their
17 nomination;
18
19(ii)    The        name    of     candidates        nominated     by
20 petition, followed by the phrase "By Petition" and the name
21 of each candidate.
22
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1(c)    Candidates nominated by petition shall be treated
2 as a list consisting of a single candidate.
3
4(d)    Voters may vote for one (1) list of candidates in
5 the    same   manner    as   for    individual  candidates      for   other
6 offices in lieu of selecting individual candidates for the
7 office of representative.
8
922-30-102.      Nominations       of       candidates  for    state
10 representatives; primary elections.
11
12(a)    Nominated lists of candidates for representatives
13 in each district shall consist of a number of candidates
14 equal to or less than the number of representatives to be
15 elected in a particular district, with the ordering of each
16 nominated candidate on the list determined according to the
17 political party's chosen nominating method.
18
19(b)    Not    later   than   June      1   in     every    even-numbered
20 year, the chairman of the state central committee of each
21 political party shall certify to the secretary of state the
22 committee's  choice   as     to   the       method        of   nominating
23 candidates      for    representatives.  Each    political  party's
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1 chosen nomination method shall be applied uniformly in all
2 districts.
3
4(c)     The    state        central      committee        of    each      major
5 political party may choose for the party to nominate lists
6 of     candidates      using       the       primary     election.      For      major
7 political parties choosing to nominate by primary election,
8 voters    in    the    primary       election       may    vote       for   as      many
9 candidates in an amount equal to or less than the number of
10 representatives to be elected. For the general election,
11 the candidates nominated shall be ordered on the nominated
12 list according to the respective number of votes received
13 in the primary election, with the candidate receiving the
14 most votes assigned the first position on the candidate
15 list and continuing in the same manner until the number of
16 candidates       equals       or    does      not      exceed    the    number       of
17 representatives to be selected. Ties shall be resolved in
18 accordance with W.S. 22-16-119.
19
20(d)     For    major    political  parties        choosing      not    to
21 nominate by primary election and for all minor political
22 parties, the state central committee of the party shall
23 provide for the party to nominate lists of candidates for
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1 representative under rules as the state central committee
2 may     adopt,       including     but       not    limited     to   the    use     of
3 conventions, caucuses or party committees. The method for
4 nomination shall be applied uniformly in all districts. A
5 copy of the party's rules adopted under this subsection
6 shall be included with the nomination method certification
7 submitted to the secretary of state under subsection (b) of
8 this section.
9
10(e)     Nominations       of    candidate       lists    by   parties      not
11 using     a     primary      election        shall     be     certified     to    the
12 secretary of state by the chairman and secretary of the
13 political party's state central committee not later than
14 the     date     of    the    primary        election        specified     in     W.S.
15 22-2-104(b).
16
1722-30-103.       General        elections        for     representatives;
18 apportionment of elected candidates.
19
20(a)     The     representatives  elected     for   each        house
21 district specified in W.S. 28-2-119 shall be apportioned
22 among     the    nominated  candidate        lists     according     to     the
23 respective       number       of      votes        received    in    the    general
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1 election, using the greatest divisors method or Jefferson
2 method       for   calculating  apportionments.  Ties      in     the
3 apportionment  of   representatives  shall       be    resolved     in
4 accordance with W.S. 22-16-119.
5
6(b)    The individual representatives elected from each
7 list of candidates shall be determined according to their
8 ordering on the list, starting with the first candidate and
9 proceeding until the number of representatives elected is
10 equal to the number to which the list is entitled.
11
12(c)    If   a    list   is    entitled      to    more    representatives
13 elected than there were candidates nominated on that list,
14 all of the candidates from the exhausted list are deemed to
15 be   elected,      with      the    remaining      available  positions   for
16 representative  apportioned        among    the     unexhausted  lists
17 according to the respective number of votes.
18
19Section     2.       W.S.    22-2-117(a),  22-4-303,       22-5-215,
20 22-5-304(c),       22-6-120(a)(iii),  (iv),      (vii)       and     (ix),
21 22-6-121(a),  22-6-122  and      22-16-103(a)(ii)  and
22 (c)(viii)(C)(I) are amended to read:
23
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122-2-117.    Vote required for election; ratification.
2
3(a)   Partisan and nonpartisan candidates who receive
4 the largest number of votes for each office to be filled at
5 the    general   election     are    elected.       State   representatives
6 shall be apportioned by votes for lists as provided in W.S.
7 22-30-103. Nothing in this election code shall be deemed to
8 authorize any election in Wyoming to be conducted through
9 ranked    choice    voting.    Any       existing    or   future   ordinance
10 enacted or adopted by a county, municipality or any other
11 governmental       entity   that     purports       to    authorize   ranked
12 choice voting in violation of this subsection is void. As
13 used in this subsection, "ranked choice voting" means a
14 voting method that allows voters to rank candidates for an
15 office in order of preference and has ballots cast to be
16 tabulated in multiple rounds following the elimination of a
17 candidate until the candidate or candidates with the most
18 votes are declared winners, or any other system that allows
19 a voter to vote for more than the number of candidates
20 permitted to fill a particular office.
21
2222-4-303.    Nomination of candidates.
23
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1 Minor parties may nominate candidates to be placed on the
2 general election ballot only by party convention, subject
3 to the nomination of candidates for the office of state
4 representative  under        W.S.        22-30-102(d).        Under      no
5 circumstances shall a minor political party nominate by the
6 primary election process.
7
822-5-215.     Nomination  of     partisan       candidates      and
9 write-in candidates.
10
11 On each party ballot the candidate or candidates equal in
12 number   to    the     number   to    be       elected   to    each   office    who
13 receive the largest number of votes shall be nominated and
14 shall be entitled to have their names printed on the ballot
15 for the next general election. Nomination of candidates for
16 the office of state representative shall be in accordance
17 with W.S. 22-30-101 through 22-30-103. A write-in candidate
18 shall not be nominated and shall not be entitled to have
19 his    name   printed     on    the       ballot     for      the   next   general
20 election      unless    he   received  at   least     twenty-five      (25)
21 write-in votes in the primary election and is a registered
22 voter in the political party for which he was nominated on
23 the day of the primary election. An unsuccessful candidate
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1 for office at a primary election whose name is printed on
2 any party ballot may not accept nomination for the same
3 office at the next general election.
4
522-5-304.        Qualifications        and      number      of     signers
6 required.
7
8(c)   For    a    district      partisan       election,     a    petition
9 shall be signed by registered electors, resident in the
10 district and eligible to vote for the petitioner, numbering
11 not less than two percent (2%) of the total number of votes
12 cast for the office in that particular district in the last
13 general election.  If a district's boundaries have changed
14 since the last general election, then the required number
15 of petition signatures shall not be less than two percent
16 (2%)   of    the number        of registered voters  in the current
17 district     boundaries  at    the    close    of   day     on    the   day
18 immediately        preceding  the    primary     election.        For   the
19 nomination     of     candidates       for    state    representative,  the
20 required     number      of    petition     signatures     shall    be    further
21 divided by the number of representatives to be elected from
22 the district.
23
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122-6-120.      Format of general election ballot.
2
3(a)   The general election ballot shall be printed in
4 substantial compliance with this format:
5
6(iii)     On the second line shall be printed the
7 same    following     instructions:        as    prescribed      for    primary
8 elections in W.S. 22-6-119 "To vote for a person whose name
9 or a list of names that is printed on the ballot, mark the
10 square immediately adjacent to the name of the person or
11 list for whom you desire to vote. To vote for a person
12 whose name is not printed on the ballot, write the person's
13 name in the blank space provided for that purpose and mark
14 the    square    immediately  adjacent     to    the     name    of    the
15 person.";
16
17(iv)     The   designation  of    offices  and    the
18 applicable term of office shall be printed preceding the
19 names and lists of candidates for the office;
20
21(vii)     Except        for        elections        for  state
22 representatives in accordance with W.S. 22-30-101 through
23 22-30-103,      the   names     of    partisan     party      candidates,      if
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1 candidates     have      filed,      and      independent       candidates,  if
2 candidates     have      filed,      shall    be    printed     in     a    separate
3 column or columns, row or rows, and the name of the party
4 represented       or    the   word      "Independent"        shall     be    printed
5 directly above the candidate's name or at the end of the
6 row. If there are a number of candidates representing a
7 party, or independents, the county clerk at his discretion
8 may designate a separate vertical column or columns, or row
9 or rows to said candidates and print the name of said party
10 or   the   word     "Independent"        at   the    top   of    the       column   or
11 beginning of the row;
12
13(ix)      Except        for        elections  for       state
14 representatives in accordance with W.S. 22-30-101 through
15 22-30-103, for offices to which more than one (1) person is
16 to   be    elected,     the     names    of   candidates        in   each     column
17 running for       the    office      shall    be    offset    or staggered  to
18 prevent two (2) names from appearing directly opposite each
19 other;
20
2122-6-121.       Political party ballot position on general
22 election ballot; order of candidates' names.
23
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1(a)    Political party position shall be determined on
2 the    general     election    ballot    according     to   the    number    of
3 votes    received by     each    party    within   the      county    for   the
4 office of representative in congress at the last preceding
5 general election.        The party receiving the highest number
6 of    votes   shall   appear    first    following the        names    of   the
7 offices to be voted for and other parties shall follow in
8 the order of their respective numbers of such votes.  The
9 order    of   any   provisional       parties   will   be     drawn   by    the
10 secretary     of    state.      Any     independent     candidates      shall
11 appear    following the last party and  shall      be   listed in
12 alphabetical order, subject to rotation.  When more than
13 one (1) candidate is to be elected to a particular office
14 except for elections for state representatives under W.S.
15 22-30-101 through 22-30-103, the names of candidates shall
16 be printed in alphabetical order, subject to rotation, on
17 all ballots for electronic and machine voting systems as
18 defined by W.S. 22-1-102.
19
2022-6-122.      Rotation of candidates' names; equal lines
21 on voting machines.
22
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1 Except for elections for state representatives under W.S.
2 22-30-101 through 22-30-103, the names of candidates for
3 each office shall be rotated on all ballots by precinct for
4 all elections. In each county the name of each candidate
5 shall appear substantially an equal number of times at the
6 top, at the bottom, and in each intermediate place. In a
7 voting machine polling place, if candidates for the same
8 office occupy more than one (1) line on the voting machine,
9 the number of names appearing on each line shall be as
10 nearly equal as possible.
11
1222-16-103.     County canvass procedures.
13
14(a)   Prior    to   the   county   canvass,       the    county   clerk
15 shall:
16
17(ii)    Summarize the number of votes cast in each
18 precinct     for     every    candidate    and     list        of   candidates
19 appearing    on     the    ballot   and   the    total    votes      cast   for
20 write-in candidates, and upon each ballot proposition;
21
22(c)   The county canvassing board shall:
23
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1(viii)      Ensure   abstracts  contain   the    following
2 information:
3
4(C)    The full name of each of the following
5 receiving votes:
6
7(I)     Candidates and lists of candidates
8 printed on the ballot;
9
10Section 3.      W.S. 28-2-119 is repealed and recreated to
11 read:
12
1328-2-119.      House     legislative  districts;      number   of
14 representatives.
15
16(a)   Subsection  (b)  of     this      section      creates
17 legislative        districts  for        the      Wyoming      house    of
18 representatives,  consisting  of   the     numbered   legislative
19 districts contained therein. There shall be a number of
20 representatives        elected        from        each     house    legislative
21 district as specified in subsection (b) of this section.
22
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1(b)   House districts shall consist of the entirety of
2 the geographic areas of the counties, with the number of
3 representatives        to    be   elected        from    each    district   as
4 follows:
5
6(i)     House district 1: Natrona county; nine (9)
7 representatives;
8
9(ii)    House district 2: Campbell county and Crook
10 county; six (6) representatives;
11
12(iii)    House district 3: Laramie county; eleven
13 (11) representatives;
14
15(iv)    House    district      4:    Sweetwater      county    and
16 Carbon county; six (6) representatives;
17
18(v)     House district 5: Fremont county; four (4)
19 representatives;
20
21(vi)    House district 6: Albany county; four (4)
22 representatives;
23
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1(vii)     House district 7: Sheridan county, Johnson
2 county, Big Horn county, Washakie county and Hot Springs
3 county; seven (7) representatives;
4
5(viii)     House district 8: Teton county and Park
6 county; six (6) representatives;
7
8(ix)     House    district     9:   Uinta     county,   Lincoln
9 county and Sublette county; five (5) representatives;
10
11(x)     House district 10: Converse county, Platte
12 county and Goshen county; four (4) representatives;
13
14(xi)     House     district     11:     Weston    county    and
15 Niobrara county; one (1) representative.
16
17Section 4.    This act shall apply to the election of
18 representatives     to   the    Wyoming    house    of   representatives
19 commencing with the 2026 primary and general elections.
20
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1Section    5.   This   act    is   effective     immediately   upon
2 completion of all acts necessary for a bill to become law
3 as     provided   by   Article      4,    Section   8   of   the   Wyoming
4 Constitution.
5
6(END)
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