6 | 4 | | HOUSE BILL NO. HB0176 |
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7 | 5 | | Vacancies in public office-amendments. |
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8 | 6 | | Sponsored by: Representative(s) Bratten, Angelos, Kelly, |
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9 | 7 | | Locke, Neiman, Pendergraft and Webb and |
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10 | 8 | | Senator(s) Biteman |
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11 | 9 | | A BILL |
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12 | 10 | | for |
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13 | 11 | | 1 AN ACT relating to elections; amending the process by which |
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14 | 12 | | 2 vacancies in elected offices are filled; providing for the |
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15 | 13 | | 3 filling of vacancies when vacancies are not filled; |
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16 | 14 | | 4 establishing a presumption concerning qualifications to |
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17 | 15 | | 5 hold office; making conforming amendments; repealing |
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18 | 16 | | 6 conflicting provisions; and providing for an effective |
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19 | 17 | | 7 date. |
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20 | 18 | | 8 |
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21 | 19 | | 9 |
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22 | 20 | | 10 |
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31 | | - | 2 (a) Within twenty (20) days after the office of any |
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32 | | - | 3 county commissioner becomes vacant the remaining members of |
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33 | | - | 4 the board shall declare a vacancy to exist and immediately |
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34 | | - | 5 give notice of the vacancy in writing to the chairman of |
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35 | | - | 6 the county central committee of the political party which |
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36 | | - | 7 the member whose office is vacant represented at the time |
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37 | | - | 8 of his election under W.S. 22-6-120(a)(vii), or at the time |
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38 | | - | 9 of his appointment if not elected to office. The chairman |
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39 | | - | 10 of the county central committee shall within twenty (20) |
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40 | | - | 11 days after receipt of the notice call a meeting of the |
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41 | | - | 12 county central committee. At the meeting the committee |
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42 | | - | 13 shall select three (3) persons qualified to fill the |
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43 | | - | 14 vacancy and transmit the names to the board of county |
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44 | | - | 15 commissioners. The board of county commissioners shall fill |
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45 | | - | 16 the vacancy within twenty (20) days after receiving the |
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46 | | - | 17 list from the county central committee by appointing one |
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47 | | - | 18 (1) of the persons whose names are submitted by the county |
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48 | | - | 19 central committee: |
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| 27 | + | 2 (a) Any vacancy in any other elective office in the |
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| 28 | + | 3 state except representative in congress or the board of |
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| 29 | + | 4 trustees of a school or community college district, shall |
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| 30 | + | 5 be filled by the governing body, or as otherwise provided |
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| 31 | + | 6 in this section, by appointment of a temporary successor. |
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| 32 | + | 7 The person appointed shall serve until a successor for the |
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| 33 | + | 8 remainder of the unexpired term is elected at the next |
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| 34 | + | 9 general election and takes office on the first Monday of |
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| 35 | + | 10 the following January. Provided, if a vacancy in a four |
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| 36 | + | 11 (4) year term of office occurs in the term's second or |
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| 37 | + | 12 subsequent years after the first day for filing an |
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| 38 | + | 13 application for nomination pursuant to W.S. 22-5-209, no |
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| 39 | + | 14 election to fill the vacancy shall be held and the |
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| 40 | + | 15 temporary successor appointed shall serve the remainder of |
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| 41 | + | 16 the unexpired term. The following apply: |
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| 42 | + | 17 |
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| 43 | + | 18 |
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| 44 | + | 19 |
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75 | | - | 22 (a) Any vacancy in any other elective office in the |
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76 | | - | 23 state except representative in congress or the board of 2025STATE OF WYOMING25LSO-0536 |
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77 | | - | ENGROSSED |
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78 | | - | 4HB0176 |
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79 | | - | 1 trustees of a school or community college district, shall |
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80 | | - | 2 be filled by the governing body, or as otherwise provided |
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81 | | - | 3 in this section, by appointment of a temporary successor. |
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82 | | - | 4 The person appointed shall serve until a successor for the |
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83 | | - | 5 remainder of the unexpired term is elected at the next |
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84 | | - | 6 general election and takes office on the first Monday of |
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85 | | - | 7 the following January. Provided, if a vacancy in a four |
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86 | | - | 8 (4) year term of office occurs in the term's second or |
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87 | | - | 9 subsequent years after the first day for filing an |
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88 | | - | 10 application for nomination pursuant to W.S. 22-5-209, no |
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89 | | - | 11 election to fill the vacancy shall be held and the |
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90 | | - | 12 temporary successor appointed shall serve the remainder of |
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91 | | - | 13 the unexpired term. The following apply: |
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92 | | - | 14 |
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119 | | - | 16 |
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120 | | - | 17 |
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121 | | - | 18 |
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122 | | - | 19 |
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123 | | - | 20 (c) For purposes of this section: |
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124 | | - | 21 |
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125 | | - | 22 (ii) "Qualified to hold the office" means a |
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126 | | - | 23 person meets all applicable qualifications to be elected to 2025STATE OF WYOMING25LSO-0536 |
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127 | | - | ENGROSSED |
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128 | | - | 6HB0176 |
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129 | | - | 1 a public office which are set forth in the United States |
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130 | | - | 2 and Wyoming constitutions and Wyoming law, as applicable, |
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131 | | - | 3 on the date of the person's appointment to the public |
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132 | | - | 4 office. |
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133 | | - | 5 |
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134 | | - | 6 |
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135 | | - | 7 |
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136 | | - | 8 |
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137 | | - | 9W.S. 18-3-524(b) and 22-18-111(a)(vi) are |
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138 | | - | 10 repealed. |
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139 | | - | 11 |
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140 | | - | 12. This act is effective July 1, 2025 |
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141 | | - | 13 |
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142 | | - | 14 (END) |
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| 87 | + | 16 (END) |
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