2025
STATE OF WYOMING
25LSO-01911HB0035
HOUSE BILL NO. HB0035
Vacancies in elected office.
Sponsored by: Representative(s) Harshman and Larson, JT and
Senator(s) Anderson and Crum
A BILL
for
1 AN ACT relating to elections; amending procedures for
2 filling vacancies in specified federal and state offices;
3 requiring special elections as specified; making conforming
4 amendments; repealing obsolete provisions; and providing
5 for an effective date.
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7
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9W.S. 9-1-212, 9-1-802(e),
10 22-2-101(a)(iii), 22-2-110(a), 22-2-111(a), 22-18-103,
11 22-18-105 through 22-18-109, 22-18-111(a)(intro) and
12 (iii)(intro) and 28-1-106 are amended to read:
13 2025STATE OF WYOMING25LSO-01912HB00351
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5 Whenever the powers and duties of the office of the
6 governor of the state of Wyoming devolve upon any other
7 person as provided in W.S. 9-1-211(a), the person acting as
8 governor shall continue to act as governor until the end of
9 the term of the governor if the office is assumed less than
10 sixty (60) days before the next general election. If the
11 office is assumed more than sixty (60) days before a
12 general election the person acting as governor shall
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1 shall, within thirty (30) days after the
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3 qualify and assume the duties and powers of governor, and
4 shall be the governor of the state of Wyoming for the
5 remainder of the unexpired term of the governor.
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9
10 (e) A vacancy in the office of district attorney
11 shall be filled by the board or boards of county
12 commissioners under the procedure for filling vacancies in
13 the office of a member of the state legislature or state
14 senator established by W.S.
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16 general election and the appointee shall be qualified
17 pursuant to subsections (b) and (c) of this section.
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22 (a) Chapters 1 through 28 of this Election Code apply
23 to the following elections: 2025STATE OF WYOMING25LSO-01914HB0035
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2 (iii) Special elections to fill vacancies
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10 (a) Except for special elections to fill vacancies
11 through
12 22-18-109, periods of time are computed by excluding the
13 specific day and counting the prescribed number of days,
14 including Saturdays, Sundays and full legal holidays. If
15 the first day of a time period falls on a Saturday, Sunday
16 or full legal holiday, the preceding day which is not a
17 Saturday, Sunday or full legal holiday shall be used. If
18 the last day of a time period falls on a Saturday, Sunday
19 or full legal holiday, the next day which is not a
20 Saturday, Sunday or full legal holiday shall be used. All
21 days, except the specific day, but including the last day,
22 shall be used to compute the time limits established under
23 W.S. 2025STATE OF WYOMING25LSO-01915HB0035
1 day of a time period falls on a Saturday, Sunday or full
2 legal holiday in which case the next day which is not a
3 Saturday, Sunday or full legal holiday shall be used.
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7 (a) Any person entitled to vote at any primary or
8 general election or special election to fill a vacancy
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10 is, on the
11 day of such election, entitled to absent himself from any
12 service or employment in which he is then engaged or
13 employed for a period of one (1) hour, other than meal
14 hours, the hour being at the convenience of the employer,
15 between the time of opening and closing of the polls. Such
16 elector shall not, because of so absenting himself, lose
17 any pay, providing he actually casts his legal vote.
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22 A vacancy in the office of
23 representative in congress, member of the state legislature 2025STATE OF WYOMING25LSO-01916HB0035
1 shall be filled
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7.
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12 If the
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15 vacancy
16 occurs within
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18 shall be filled at the general
19 election:. Otherwise
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13 the special election
14 shall occur on the firstnext following the:
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16ighty-ninth day after the vacancy occurs,
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5 Tuesday falls on a full legal holiday,
6 election shall occur on the next
7 Tuesday which that is not a full legal holiday.
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9 The governor
10 shall declare vacancy and issue
11 writ of election within five (5) days after the
12 vacancy occurs.
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20 An elector qualified to hold office
21 be nominated by
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2. Nominations
3 with the secretary of state and fees paid within seven (7)
4 days after the vacancy is officially declared. Independent
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12 Within five (5) days after the end of the candidate filing
13 period , the secretary of state
14 shall certify to the clerks of counties voting to fill the
15 vacancy the name of each candidate qualified to appear on
16 the ballot, party affiliation or
17 independent status, if declared.
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22 A candidate for the unexpired term of office
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1 candidate of the political party in which
2 was registered on the date the vacancy occurred. A
3 candidate for the unexpired term of office
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5 party on the date the vacancy occurred may run only as an
6 independent.
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11 A special election to fill a vacancy shall be conducted by
12 the county clerk as nearly as possible in the manner of a
13 general election.
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16 The candidate who receives a plurality of the votes at a
17 special election shall be issued a certificate of election
18 as provided by law.
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22 2025STATE OF WYOMING25LSO-019111HB00351 (a) Any vacancy in any other elective office in the
2 state except
3 or the board of trustees of a
4 school or community college district, shall be filled by
5 the governing body, or as otherwise provided in this
6 section, by appointment of a temporary successor. The
7 person appointed shall serve until a successor for the
8 remainder of the unexpired term is elected at the next
9 general election and takes office on the first Monday of
10 the following January.
11, if a vacancy in a four (4) year term of office
12 occurs in the term's second or subsequent years after the
13 first day for filing an application for nomination pursuant
14 to W.S. 22-5-209, no election to fill the vacancy shall be
15 held and the temporary successor appointed shall serve the
16 remainder of the unexpired term. The following apply:
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18 (iii) Notwithstanding W.S. 22-18-103 through
19f a vacancy occurs in the office of a member of
20 the state legislature
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22:
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3 Resignation of the office of a member of the
4 senate or house of representatives shall be made to the
5 governor, who shall immediately notify the
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16 state
17 central committee of the party which the member represented
18 at the time of
19 at the time of ,
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21 represent a political party at the time of
22 at the time of
23 the governor shall notify the appropriate boards of county 2025STATE OF WYOMING25LSO-019113HB0035
1 commissioners who shall proceed in accordance with W.S.
2 22-18-111(a)(iii)(C).
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4 For purposes of this section, a person shall be
5 considered to "represent" a political party if
6 was a nominee of that political party when elected
7 to office or when appointed to fill a vacancy in office.
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9W.S. 22-18-104 and 22-18-111(a)(i) are
10 repealed.
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12This act is effective immediately upon
13 completion of all acts necessary for a bill to become law
14 as provided by Article 4, Section 8 of the Wyoming
15 Constitution.
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17 (END)