GIFT OF k, H. ELECTION STATE OP WYOMING (Nineteen Hundred and Six PRIMARY, REGISTRATION AND ELECTION LAWS and EXTRACTS from CONSTITUTION of ike STATE OF WYOMING Published by Anthnn'ty ;i-,d' I'IH'I ' thf Supervision and I>1r vlion or FKX1MORK SKCUKTARV Wyo.. |CKJ<). <', KRKKE, Till: OriCK HOOK AND Joi! PRINTKH CH. i GKNKRAI, ELECTlONvS 2195 DIVISION ONE TITLE IV. ELECTORS AND ELECTIONS Sec. 195. Sec. 196. Sec. 197. Sec. 19*. Sec. 199. Sec. 200. Sec. 201. Sec. 202. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTKR CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 12. CHAPTER rv 1 1. GENERAL EJECTIONS. SPECIAL ELECTIONS. NOMINATIONS. ELECTION DISTRICTS AND POLLING PRECINCTS. REGISTRATION. JUDGES AND CLERKS OF ELECTION. BALLOTS. CONDUCT OF ELECTIONS. CANVASS AND RETURNS OF ELECTION- ELECTION CONTESTS. GENERAL PROVISIONS. MUNICIPAL ELECTIONS. ELECTION OFFENSES. CHAPTER I GENERAL ELECTIONS Time of general elections What officers elected. Presidential electors. Representatives in congress and members state legislature. .State officers. Vacancy in state office. Justices of supreme court. District judges. County officers to be elected. Sec. 203. Who may vote. Sec. 204. Proclamation of election by county commissioners. Sec. 205. Posting and publishing proclama- tion of election. Sec. 206. Secretary of state shall notify boards of county commissioners of state officers to be elected. Sec 207. County clerk shall furnish election supplies Copy of election laws. TIME OF GENERAL ELECTIONS WHAT OFFICERS ELECTED. SEC. 195. There shall be held in the several voting precincts of Wyoming, on the Tuesday next after the first Monday in November, in the year eighteen ninety-two, and on the Tuesday next after the first Monday in November in each second year thereafter, a general election, at which the following officers shall be elected: A represent- ative or representatives in congress, members of the senate and house of representatives of the state from each county as provided by law, and to which such county may be entitled, and all state and district executive and judicial officers which are made elective by law, when- ever there is a vacancy in any state or district executive or judicial office, or whenever subsequent to such election and prior to the next general election, any state or district executive or judicial offices shall become vacant by reason of the termination of the terms of office of the incumbents therein, provided, however, that whenever a vacancy in any state or district office as aforesaid shall occur, less than twenty- five days prior to such election, then, in that case, at such election no person shall be elected to fill such vacancy. [S. L. 189091, Ch. 100, Sec. i.] In re Moore, 4 Wyo. 98. 3 257191 ^196 KLKCTORS AND ELECTIONS 1)1 V. i Tl y . 4 PRESIDENTIAL ELECTORS. SEC. 196. At the general election held in the year nineteen hun- dred and at the general election held every fourth year thereafter, there shall be elected the number of electors of and for the president and vice president of the United States of America, to which this state mav be entitled. [S. L. 1897, Ch. 53, Sec. i.] REPRESENTATIVES IN CONGRESS AND MEMBERS STATE LEGISLA- TURE. SEC. 197. At each of said elections, there shall also be elected as many representatives in congress, as may be apportioned by con- gress to this state, and in each county, such state senator or state sen- ators, as the said county may be entitled to by law, and as should be elected at such election, and also such representative or representatives in the legislature of this state, as such county as a representative dis- trict shall be entitled to by law. [S. L. 1890-91, Ch. 68, Sec. 3.] STATE OFFICERS. SEC. 198. At the general election held in the year one thousand eight hundred and ninety-four, and at the general election held every fourth year thereafter, there shall be elected a governor, a secretary of state, an auditor, a treasurer, a superintendent of public instruc- tion, and such other state officers as are, or may be, created by law and made elective, whose election shall occur, or ought to occur, at such general election. [vS. L. 1890-91, Ch. 68, vSec. 6.] In re Moore, 4 Wyo. 98. VACANCY IN STATE OFFICE. SEC. 199. At each of said general elections there shall also be elected such state officers as may be required to be elected to fill any vacancy occurring by operation of law, or the constitution of this state, including any vacancy or vacancies in the office of justice of the supreme court. [S. L. 1890-91, Ch. 68, Sec. 4.] In re Moore, 4 Wyo. 98. JUSTICES OF SUPREME COURT. SEC. 200. Justices of the supreme court shall also be elected at such general election as shall occur next preceding the expiration of their respective terms, whether the same shall be for full terms, or to fill a vacancy or vacancies in an unexpired term. [S. L. 1890-91, Ch. 68, Sec. 7.] DISTRICT JUDGES. SEC. 201. At the general election held in the year A. D. eight- een hundred and ninety-six, and at the general election held every sixth year thereafter, there shall be elected in each judicial district in this state one judge of the district court for such judicial district, and in case of a vacancy occurring in the said office of a judge of the dis- trict court, .in any judicial district of this state, either as now or as CH. i GRNKRAI, ELECTIONS ^202 hereafter constituted, for any cause whatever, such vacancy shall be filled at the general election, when such vacancy shall be required, to be filled by law or the constitution of this state. [S. L. 1890-91, Ch. 68, Sec. 8.] COUNTY OFFICERS TO BE ELECTED. SEC. 202. The following county and precinct officers shall hold their office by election; and there shall be held in the several voting precincts of this state, on the Tuesday next, following the first Mon- day of November, in the year of our Lord, one thousand eight hun- dred and ninety-two, and on the Tuesday next following the first Monday in November, in each second year thereafter, a general elec- tion at which the following county and precinct officers shall be elected: The clerk. The commissioners. The surveyors. The sheriff. The county treasurer. The county and prosecuting attorney. The superintendent of schools. The assessor. The coroner. The justices of the peace. The constables. The clerk of the district court for each county, whenever his term of office shall expire before the next general election, or when- ever a vacancy therein is to be filled, and such other county and pre- cinct officers which may be created and made elective by law. In counties having an assessed valuation not exceeding five million dol- lars, the county clerk shall be ex-officio clerk of the district court, and shall perform all the duties pertaining to the office of clerk of the dis- trict court, but shall receive no additional or separate compensation therefor. [8. L. 1890-91, Ch. 100, Sec. 3. S L. 1895, Ch. 73, Sec. i.] [S. L. 1899, Ch. 65, Sec. 5. S. L. 1890-91, Ch. 68, Sec. i.J WHO MAY VOTE. SEC. 203. Except as hereinafter provided, every person shall be qualified and entitled to vote, who is a citizen of the United States, and over the age of twenty-one years, and w r ho has been a bona fide resident of Wyoming for one year, and of the county wherein his res- idence is located, sixty days next preceding the election at which he votes, and who shall be able to read the constitution of this state, and who has complied with the provisions of this act. Provided, how- ever, that any person prevented by physical disability from being able to read the constitution of this state, shall not for that reason, while laboring under such disability, be deprived of his right to vote; Provided, further, that any person who is a citizen of the United States and who was a qualified elector in Wyoming on the tenth day of July in the year eighteen hundred and ninety, and who has since $204 ELECTORS AND ELECTIONS DIV. i TI V . 4 then continued to be a resident of this state, and has complied with, the provisions of this title concerning registration, shall continue to be an elector of this state. [S. L. 1897, Ch. 53, Sec. 3. S. L. 1890-91, Ch. 100, Sec. 4.] PROCLAMATION OF ELECTION BY COUNTY COMMISSIONERS. SEC. 204. The board of county commissioners of the several counties shall issue a proclamation at least thirty days, if possible, prior to any general or special election to be holden within their re- spective counties, except as otherwise provided in this title, setting forth the names of all the offices to be filled at such election, and the number of persons required by law to fill such offices or vacancies oc- curring under, the law in such offices. [S. L. 1890, Ch. 80, vSec. 40.] POSTING AND PUBLISHING PROCLAMATION OF ELECTION. SEC. 205. The county commissioners of the several counties shall cause such proclamation to be posted in a conspicuous place at every postoffice within their respective counties and shall also cause the same to be published in the official paper of their respective coun- ties if there be one at least twenty days, if possible, before the en- suing election. [S. L. 1890, Ch. 80, vSec. 41.] SECRETARY OF STATE SHALL NOTIFY THE BOARDS OF COUNTY COMMISSIONERS OF STATE OFFICERS TO BE ELECTED. SEC. 206. The secretary of state shall, between the first and fif- teenth day of September in each year, in which a general election is to be held, make out and cause to be delivered to the* board of county commissioners of each county a notice, in writing, stating what offi- cers, other than county and precinct officers, are to be elected at such general election and voted for in the several counties. [S. L. 1897, Ch. 53, Sec. 9.] COUNTY CLERK SHALL FURNISH ELECTION SUPPLIES-COPY OF ELECTION LAWS. SEC. 207. The county clerk shall provide at the expense of the county, proper ballot boxes, poll books and other necessary election blanks, official ballots as hereinafter provided, also the election laws of Wyoming in separate pamphlet form for each voting precinct and election district in the county and cause a suitable number thereof to be delivered to the judges of election of each voting precinct at least ten days, if possible, before any election is to be held within his county. [S. I,. 1890, Ch. 80, Sec. 55.] CH. 2 SPECIAL ELECTIONS CHAPTER 2 SPECIAL ELECTIONS Sec. 208. Special elections How conducted. Sec. 209. Special elections When held. Sec. 210. Member of congress Special elec- tion for. Sec. 211. Member of congress Notice of va- cancy in office. Sec. 212. Members of legislature Special election to fill vacancy. Sec. 213. .Special general elections on ques- tions to be decided. Sec. 214. County commissioners Duties of .Special elections. Sec. 2i.s. Special county elections shall bt ordered by county commissioners. Sec. 216. Contents of order for special elec- tion Time of order. Sec. 217. Vacancy in office Who determines fact ot. Sec. 218. Who may vote at special elec- tions. SPECIAL ELECTIONS-HOW CONDUCTED. SEC. 208. Special elections shall be conducted, and the results thereof canvassed and certified, in all respects as near as practicable, in the same manner as in general elections, except as otherwise spec- ially directed. [vS. L. 1890, Ch. 80, Sec. 4.] SPECIAL ELECTIONS- WHEN HELD. SEC. 209. Special elections shall be held in the following cases and for the election of the following officers: First When there has been no choice at the general election, of any officer, not a precinct officer, who should properly have been chos- en at such general election, except as otherwise provided by law. Second When the rights of a person elected to the office of mem- ber of the senate or member of the house of representatives, shall cease by death, or otherwise, before the commencement of, or during the term for which he shall have been elected. [S. L. 1890, Ch. So, vSec. 3.] State ex rel Richardson vs. Henderson, 4 Wyo. 535. MEMBER OF CONGRESS SPECIAL ELECTION FOR. SEC. 210. When any vacancy shall occur in the office of repre- sentative in congress more than sixty days prior to any general elec- tion, the governor may issue an order of election to the board of county commissioners of the several counties, appointing a day to hold a special election to fill such vacancy. [S. L. 1890, Ch. 80, Sec. 4, Sec. 98.] FILLING VACANCIES AFTER TICKET PRINTED STICKERS. SEC. 239. When any vacancy occurs before election day and after the printing of the tickets, and any person is nominated accord- ing to the provisions of this chapter to fill such vacancy, the officer whose duty it is to have the tickets printed and distributed shall there- upon have printed a requisite number of stickers, and shall mail them by registered letter to the judges of election in the various precincts interested in such election, and the judges of election whose duty it is to distribute the tickets shall affix such stickers in the proper place on each ticket before it is given out to the elector. [S. L. 1890, Ch. 80, vSec. 99.] A "STICKER" DEFINED. SEC. 240. A sticker shall be a strip or piece of paper bearing upon one side the printed or written name or names of a candidate or canclidates for office, and bearing upon the other side an adhesive sub- stance. [S. L. 1890. Ch. So, Sec. iuo.] NOTICE OF QUESTIONS TO BE SUBMITTED TO VOTE. SEC. 241. Whenever a proposed constitution or constitutional amendment, or other question is to be submitted to the people of Wyoming for popular vote, the secretary of state shall not less than thirty days before election certify the same to the clerk of each county, and the clerk of each county shall include the same in the publication herein provided. Questions to be submitted to the people of a county or municipality, shall be advertised as provided for nom- inees for office. [S. L. 1890, Ch. 80, Sec. ioi.] SECRETARY OF STATE SHALL CERTIFY NOMINATIONS. SEC. 242. Not less than twenty-five nor more than thirty days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within which any of the electors may by law vote for candidates for such office, the name CH. 3 ELECTION DISTRICTS AND POLLING PRECINCTS and description of each person nominated for such office as specified in the certificate of nomination with the said secretary. [S. L. 1890, Ch. 80, Sec. 93.] POSTING LIST OF NOMINEES. SEC. 243'. At least ten days before the election to fill any public office, other than a municipal office, the county clerk of each county shall cause to be published in one or more newspapers within the county, if there be any, the nominations to office certified to him un- der the provisions of this title. The county clerk shall make such publications daily until the election, in the counties where daily papers are published, but if there be no daily papers published within the county, two publications in each newspaper, if there be any, w r ill be sufficient. One of such pub- lications in each newspaper shall be upon the last day upon w r hich such newspaper is issued before the election. In the case of municipal elec- tions such publications shall be made in one or more newspapers, if there be an}*, devoted to the dissemination of general news and pub- lished within the municipal corporation in which the election is to be' held at least three days before the election, the publication to be daily until election, where there are daily newspapers; but if there be no daily newspaper published within the municipal corporation, one pub- lication in each newspaper, if there be any, shall be sufficient. If no newspapers are published in the county or municipal corpor- poration, the clerk of either such county or municipal corporation shall post the said notices at not less than five conspicuous places within the county, or municipal corporation, as the case may be, at least ten days before the election, if possible. Provided, That in special elections, to fill vacancies the foregoing- provisions of this section shall not apply. [S. L. 1890-91, Ch. TOO, vSec. 18.] CHAPTER 4 ELECTION DISTRICTS AND POLLING PRECINCTS .Sec. 244. Election districts How defined. Sec. 245. Polling precincts County com- missioners shall establish. Sec. 246. Rule for establishing polling pre- cincts Rule in cities. Sec. 247. Change of polling precincts I, Sec. 119 ] Slaymaker vs. Phillips, 5 Wyo. 453. PREPARATION OF BALLOT. SEC. 337. On receipt of his ballot, the elector shall forthwith and without leaving the polling place, retire alone to one of the places, booths or compartments provided for that purpose and there prepare his ballot as indicated in section two hundred and eighty-nine. [S. L. 1897/011. 53, Sec. 18.] Slaymaker vs. Phillips, 5 Wyo. 453. ELECTOR MAY USE UNOFFICIAL BALLOT TO AID IN MARKING OF- FICIAL BALLOT. SEC. 338. In marking a ballot any elector shall be at liberty to use or copy any unofficial sample ballot which he may choose to mark or have marked previous to entering the polling place or booth, but no elector shall be at liberty to use, and no person shall print, have print- ed, or have in his possession, any unofficial or sample ballot unless the same is printed on red, yellow or blue paper, and is plainly marked at the top thereof "Sample Ballot/' [S. L. 1897, Ch. 53- vSec. 19.] CASTING OF OFFICIAL BALLOT BY ELECTOR. SEC. 339. After preparing his ballot the elector shall fold it so that the face of the ballot will be concealed, and so that the endorse- ment thereon may be seen. He shall then vote forthwith and before leaving the polling place. [S. L. 1890, Ch. So, Sec 122.] Slaymaker vs. Phillips, 5 Wyo. 453. 4 CH. 9 CANVASS AND RETURNS OF ELECTION CHAPTER 9 CANVASS AND RETURNS OF ELECTION Sec. 340. Canvass of ballots cast. Sec. 341. Only properly endorsed official ballots shall be counted. Sec. 342. Record and certificate of ballots cast. Sec. 343. Delivery of election records and returns. Sec. 344. Preservation of official ballots cast. Sec 345. Informality in delivery of returns shall not invalidate vote. Sec. 346. Messenger for county election re- turns. vSec. 347. Abstract of votes and certificate of election. Sec. 348. All returns shall be counted by canvassing board. Sec. 349. Certificate of election returns by county clerk to secretary of state. Sec 350. Messenger from secretary of state to secure election returns. Sec. 351. State canvassing board Notice of election. CANVASS OF BALLOTS CAST. SEC. 340. As soon as the polls of the election shall be closed the judges shall proceed immediately to canvass the vote given and shall continue without adjournment until the canvass is completed. The canvass must commence by a comparison of the poll lists and they must be made to agree; the ballot box shall then be opened and the ballots counted by the judges and clerks unopened, and if there are more ballots than names upon the poll list, the ballots must be re- turned to the box, shaken up, and one of the judges shall draw from such box ballots enough to make the remainder agree with the poll list, which ballots so drawn shall be destroyed, and two or more bal- lots being found so folded as to bear the appearance of having been voted by one person shall not be counted, but preserved with the poll books; the poll list and ballots being made to agree, the judges and clerks shall then proceed to count and ascertain the number of votes for each person named upon such ballots. [S. L. 1890, Ch. 80, Sec. 131.] Slavmaker vs. Phillips, 5 Wyo. 453. ONLY PROPERLY ENDORSED OFFICIAL BALLOTS SHALL BE COUNTED. SEC. 341. In the canvass of the votes any ballot which is not endorsed by the official stamp or has not the name or initials of the judge of election as provided in this title, shall be void, and shall not be counted. Any ballot or parts of a ballot from which it is impossi- ble to determine the elector's choice shall be void and shall not be counted; Provided, That when a ballot is sufficiently plain to gather therefrom a part of the voter's intention, it shall be the duty of the judges of election to count such part. [S. L. 1890, Ch. -So, Sec. 130.] Slaymaker vs. Phillips, 5 Wyo. 453. RECORD AND CERTIFICATE OF BALLOTS CAST. SEC. 342. When the votes shall have been examined and count- ed the clerks shall set down in their poll books the total number of persons voting in such precinct at such election; the name of every person voted for, written at full length; the office for which such 343 ELECTORS AND ELECTIONS DIV. i Tl,. 4 person receives such vote, and the number he did receive, the numbers being expressed in words at full length, and also in figures, such en- try to be made substantially in the following form, to- wit: "At an election held in Polling Precinct No in Election District No , in County, Wyo- ming, on the,. day of , A. D T the total number of persons voting was and the .following named persons received the number of votes annexed to their respec- tive names for the following offices: ( Here insert names of candidates voted for with office and number of votes received, the number of votes received in each case to be spelled out in full as well as written in figures. ) Certified bv us, Attest: Judges of Klection. Clerks of Election. Dated at this day , A. D ,." As soon as all the votes shall have been read off and counted the judges and clerks of election shall make out and sign a certificate un- der their hands, as above provided. [S. L. 1897, Ch. 53, Sec. 20.] DELIVERY OF ELECTION RECORDS AND RETURNS, SEC. 343. The judges of election shall then enclose and seal one of the poll books together with all the ballots cast and affidavits of electors concerning the qualification of persons voting, all ballots re- turned by voters as spoiled and all ballots not cast, accounting for those posted as by law 7 required, under cover directly to the county clerk of the county in which such election is held, or municipal clerk as the case may be, and the packet thus sealed shall be conveyed by- one of the judges or clerks of election, to be determined by lot if they cannot agree otherwise, and the said packet shall be delivered to the postmaster at the nearest postoffice and registered within forty-eight hours from the closing of the polls. The judges of election shall re- tain the other poll books in their possession. [S. L. 1890, Ch. 80, Sec. 133.) PRESERVATION OF OFFICIAL BALLOTS CAST. SEC. 344. All the ballots counted by the judges of election shall, after being read, be strung upon a strong thread or twine in the order in which they have been read, and shall be delivered, together with the poll books, to the clerk as hereinbefore specified, who shall care- fully preserve said ballots for six months, and at the expiration of that time shall destroy them by burning without the package being prev- iously opened; Provided, If any contest of election shall be pending in which such ballots may be required as evidence, the same shall not IK- destroyed until such contest is finally determined. [S. L. 1890, Ch. So, Sec, 134.] 42 CH. 9 CANVASS AND RETURNS OF ELECTION ^345 INFORMALITY IN DELIVERY OF RETURNS SHALL NOT INVALI- DATE VOTE. SEC. 345. Informality in the delivery of the returns, as specified in section three hundred and forty-three, in the absence of fraud shall not invalidate the vote of any precinct. If at an election, any polling precinct is not opened, and no ballots cast therein, such failure shall not invalidate such election. [S. L. 1890, Ch. 80, Sec. 135.] MESSENGER FOR COUNTY ELECTION RETURNS. SEC. 346. Should the returns from such election be not received by the county clerk within ten days of the time such election was held, then the county clerk may send a special messenger, whose mile- age and per diem shall be paid by the county as in other cases. The judges of election shall make out a certified copy of the poll book of such election in their possession, enclose and seal the same and deliver the same to said messenger. [S. L. 1890, Ch. 80, Sec. 136.] ABSTRACT OF VOTES AND CERTIFICATE OF ELECTION. SEC. 347. On the fifteenth day after the close of any county or general election, or sooner if all the returns be received, the clerk of the county, taking to his assistance two justices of the peace of his county, (one of whom shall be of a different political party from the clerk, if such an one can be found) shall proceed to open the said re- turns and make abstracts of the votes in the following manner: An abstract of votes for presidential electors, state officers, justice of the supreme court, representative in congress and district judge shall be on one sheet, and an abstract of votes for members of the senate and house of representatives shall be on another sheet, and an abstract of the votes for county and precinct officers shall be on another sheet, each of which abstracts shall be signed by the county clerk and the two justices, and the county clerk shall immediatly make out a certifi- cate of election to each of the persons having the highest number of votes for county and precinct officers, respectively, and deliver such certificate to the person entitled to it on his making application for the same to the clerk at his office. [S. L. 1897, Ch. 53, Sec. 21.] State ex rel Bennett vs. Barter, 4 Wyo. 56. ALL RETURNS SHALL BE COUNTED BY CANVASSING BOARD. SEC, 348. In canvassing the returns the vote of every precinct returned within fifteen days after the election to the county clerk shall be counted and the canvassers shall not throw out the vote of any precinct so returned. [S, L. 1890, Ch. 80, Sec. 138. | State ex rel Bennett vs. Barber, 4 Wyo. 56. CERTIFICATE OF ELECTION RETURNS BY COUNTY CLERK TO SEC- RETARY OF STATE. SEC. 349. The county clerk immediately after making out ab- 'stracts of the votes given in his county, shall make a copy of such .abstract and transmit the same by mail or by some proper person to 43 $350 ELECTORS AND ELECTIONS DIV. i TL. 4 the office of the secretary of state, and it shall be the duty of the county clerk to certify that such .copy of the abstract of votes is a full, true and correct. copy of the abstract of the returns of all votes cast in the county, and when the returns are opened and the abstracts of the votes are made before fifteen days have elapsed, the county clerk shall certify that the returns from each and every precinct have been re- ceived and have been counted and are embodied in such abstract. [S. L. 1890, Ch. So, Sec. 139.] MESSENGER FROM SECRETARY OF STATE TO SECURE ELECTION RETURNS. SEC. 350. If the returns of the election of any county shall not be received at the office of the secretary of state within thirty days after the election, the secretary shall forthwith send a messenger to the county clerk of such county whose duty it shall be to furnish such messenger with a copy of the abstract aforesaid, and the said messen- ger shall be paid out of the state treasury the sum of three dollars per day for each day necessarily employed, and fifteen cents per mile for each mile he shall necessarily travel in going to and returning from the office of said clerk. [S. L. 1890, Ch. So, Sec. 140.] STATE CANVASSING BOARD-NOTICE OF ELECTION. SEC. 351. The secretary, auditor and treasurer of the state, or any two of them, in the presence of the governor, shall proceed within thirty days after the election, and sooner if all returns be received, to canvass the vote given for presidential electors, state officers, justice of the supreme court, representative in congress, district judges and all members of the senate and house of representatives, and shall make and file in the office of the secretary of state a certificate signed by them and containing a statement of the votes so canvassed and the re- sult thereof. The governor shall then give a certificate of election to each of the persons having the highest number of votes for each office. [S. L. 1897, Ch. 53, Sec. 22.] State ex rel Bennett vs. Barber, 4 Wyo. 56. In re Moore, 4 Wyo. 98. 44 CH. 10 ELECTION CONTESTS CHAPTER JO ELECTION CONTESTS Sec. 352. Sec. 353. Sec. 354. Sec. 355. Sec. 356. Sec 357. Sec. 358. Sec. 359. Sec. 360. Sec. 361. Sec. 362. Legislature shall determine con- test of members District court shall determine elec- tion contests in counties. Who may contest election of legis- lator Notice of legislative contest. Notice of taking deposition in leg- islative contest. Enforcing the production of evi- dence and attendance of wit- nesses. Manner of certifying and trans- mitting depositions. Notice of contest to legislature. legislature may procure all evi- dence. Who may contest election of coun- ty and other officers. Petition to contest election of countv and other officers. Sec. 363. Sec. 364. Sec. 365. Sec. 366. Sec. 367. Sec. 368. Sec. 369. Sec. 370. Sec. 371- Sec. 372. Sec. 373. Sec. 374. Notice of contest of election of county and other officers. Kvideiice in contest cases How taken. Contest in questions submitted to electors Procedure. When electors may defend contest. Contest settled by" court. Tie vote New election. Procedure in case of tie vote for county office. Procedure in case of tie vote for state officer. Duty of court in case of tie vote. I^ffect of certified copy of judg- ment of court. When election of candidate de- clared void. Appeals to supreme court in con- tested election cases. LEGISLATURE SHALL DETERMINE CONTEST OF MEMBERS SEC. 352. The senate and house of representatives shall respect- ively hear and determine contests of the election of any of their re- spective members, [S. TV. 1890, Ch. 80, Sec. 144.] DISTRICT COURT SHALL DETERMINE ELECTION CONTESTS IN COUNTIES. SEC. 353. The district court of each count)* shall hear and de- termine contests of the election of all county, precinct and municipal officers in that county, and all contests relating to the removal of county seats or relating to any other subject which may be submitted to the vote of the electors of such county. [S. L. 1890, Ch. 80, Sec 145.3 WHO MAY CONTEST ELECTION OF LEGISLATOR. SEC. 354. The election of any member declared duly elected to a seat in the senate or house of representatives may be contested by any qualified voter of the county or district to be represented by such member of the senate or house of representatives. [S. L, 1890, Ch. 80, Sec. 146.] NOTICE OF LEGISLATIVE CONTEST. SEC. 355. The contestants shall, within thirty days after the re- sult of the election shall have been determined, serve on the person whose election he will contest, a notice of his intention to contest such election expressing the points on which the same will be contested, and shall also on or before the next session of the legislature, deliver a copy of such notice to the secretary of state, and in case the person whose election is contested is absent from the county of his residence, or cannot be found therein, service may be had by leaving a copy of such notice at his last or usual place of residence with some person of suitable age and discretion. [S. L. 1890, Ch. 80, Sec. 147.] 45 2356 ELECTORS AND ELECTIONS DIV. i TL.-4 NOTICE OF TAKING DEPOSITION IN LEGISLATIVE CONTESTS. SEC. 356. Whenever a notice shall have been given of intention to contest an election as provided in the next preceding section, either party may proceed to take testimony of any witness before any officer authorized to take and certify depositions on giving to the adverse party or his attorney ten days' notice of the time and place of taking the same, and one day in addition thereto, Sunday excluded, for every fifty miles travel from the place of residence of such party to the place where such deposition is to be taken. If the party entitled to notice resides in the county where the deposition is to be taken, five days' notice shall be sufficient. [S. L. 1890, Ch. 80, Sec. 148.] ENFORCING THE PRODUCTION OF EVIDENCE AND ATTENDANCE OF WITNESSES. SEC. 357. The officer before whom depositions are taken shall have the power to compel the production of papers and the attendance of witnesses and the same proceedings may be had to compel the at- tendance of witnesses as are provided in the cases of taking depositions to be used in the district courts. [S. L. 1890, Ch. 80, Sec. M9.] MANNER OF CERTIFYING AND TRANSMITTING DEPOSITIONS. SEC. 358. A copy of the notice to take depositions with proof of the service thereof together with the depositions shall be sealed up and transmitted by mail or otherwise to the secretary of state with an en- dorsement thereon showing the names of the contesting parties, the office contested, and the nature of the papers. [S. L. 1890, Ch. 80, Sec. 150.] NOTICE OF CONTEST TO LEGISLATURE. SEC. 359. The secretary of state shall deliver the copy of the notice deposited with him by the contestant and the depositions unop- ened to the presiding officer of the branch of the legislature to which the contest relates, on or before the second day of its session next after the receipt of the same, and the presiding officer shall immediately give notice to his house that such papers are in his possession. [S. L. 1890, Ch. 80, Sec. 151.] LEGISLATURE MAY PROCURE ALL EVIDENCE. SEC. 360. Nothing in this chapter contained shall be construed to abridge the right of either house of the legislature to grant com- missions to take depositions or to send for and examine any witness it may desire to hear on such trial or to declare the right of membership to their respective houses. [S. L. 1890, Ch. 80, Sec. 152.] WHO MAY CONTEST ELECTION OF COUNTY AND OTHER OFFICERS. SEC. 361. The election of any person declared elected to any office other than member of the senate or house of representatives may be contested by any elector of the county, town or precinct, ward or city, for which the person is declared elected. [S. L. 1890, Ch. So, Sec. 153.] 46 CH. 10 ELECTION CONTESTS 362 PETITION TO CONTEST ELECTION OF COUNTY AND OTHER OFFI- CERS. SEC. 362. The person desiring to contest such election shall within thirty days after the person whose election is contested is de- clared elected, file with the clerk of the district court of that county a petition in writing setting forth the points on which he willl contest the election, which petition shall be verified by affidavit of the party bringing such contest, as in pleadings in the district court. [S. L. 1890, Ch. 80, Sec 154.] NOTICE OF CONTEST OF ELECTION OF COUNTY AND OTHER OFFI- CERS. SKC. 363. Upon the filing of such petition summons shall issue against the person whose office is contested and he may be served with process or notified to appear, in the same manner as is provided in civil actions in the district court. [S. L. 1890, Ch. So, Sec. 155.] EVIDENCE IN CONTEST CASES-HOW TAKEN. SEC. 364. Evidence may be taken in the same manner and upon like notice as in civil actions in district court, and such cases shall be tried in like manner as in civil actions. [S. L. 1890, Ch. So, vSec 156.] CONTEST IN QUESTIONS SUBMITTED TO ELECTORS- PROCEDURE. SEC. 365. Any five electors of the county, city or town, may contest an election upon any subject which may by law be submitted to a vote of the people of the county, city or town, upon filing in the district court of the county within thirty days after the result of the election shall have been determined, a petition in like form as in other cases of contested elections in the district court. The county, city or town, as the case may be, shall be made defendant, and process shall be served as in civil actions against the county, and like proceedings shall be had as in other cases of contested elections before such court. [S. L. 1890, Ch. So, Sec. 157.] WHEN ELECTORS MAY DEFEND CONTEST. SEC. 366. In case the county, city or town board shall fail or refuse to defend such contest, the court shall allow any one or more electors of the county, town or city, to appear and defend, in which case the electors so defending shall be liable for the costs in case the judgment of the court shall be in favor of the contestants. [S. L. 1890, Ch. So, Sec. 158.] CONTEST SETTLED BY COURT. SEC. 367. The judgment of the court in cases of contested elec- tions shall confirm or annul the election, according to the right of the matter, or in case the contest is in relation to the election of some per- son to an office, shall declare as elected the person who shall appear to be duly elected. [S. L. 1890, Ch. Si), Sec. 159.] 47 2368 ELECTORS AND ELECTIONS DIV. i TL. 4 TIE VOTE-NEW ELECTION. SEC. 368. If it appears that two or more persons have received, or would have received, if the legal number of ballots cast, or intended to be cast for them had been counted, the highest and equal number of votes for the same office, it shall be declared that there has been no choice, and a new election shall be had as in other cases of vacancy in public office. [S. L. 1890-91, Ch. i uo, Sec. 23.] PROCEDURE IN CASE OF TIE VOTE FOR COUNTY OFFICE. SEC. 369. When it shall appear upon the official canvass of any vote cast at any general election, that two or more persons have each received the highest and equal number of the votes cast at such elec- tion, for that office, and the office to be filled be a county office, then the board of county commissioners shall meet before the first day of January next succeeding such election, and determine by vote of such commissioners, w r hich of the persons having such tie vote shall be de- clared elected, and such vote of the board of county commissioners shall be made a matter of record by the county clerk, and he shall issue to the person so elected a certificate of his or her election. [S. Iv. 1895, Ch. 112, Sec. i.] PROCEDURE IN CASE OF TIE VOTE FOR STATE OFFICER. SEC. 370. When upon the official canvass of any vote cast at any general election for a state officer, it shall appear that two or more persons having received an equal and highest number of votes cast for that office, it shall be the duty of the state legislature, convening in the January next succeeding such election, to meet in joint session of the senate and house of representatives upon the first day of the session thereof, or as soon thereafter as both houses shall be duly organized, and determine the tie vote, by vote in the manner provided for the election of United States senators, and the result shall be certified to the secretary of state by the president of the state senate, who shall preside at such joint session. And it shall be the duty of the secre- tary of state to issue to the person so chosen a certificate of his or her election. [S. L. 1895, Ch. 112, Sec. 2.] DUTY OF COURT IN CASE OF TIE VOTE. SEC. 371. If it shall appear upon any contested election in any court in this state, that two or more persons have received an equal and higher number of legal votes cast for that office, it shall be the duty of such court to refer the decision of the matter to either the board of county commissioners or the state legistature for action there- in, as provided in the two preceding sections. [S. L. 1895, Ch. 112, Sec. 3.] EFFECT OF CERTIFIED COPY OF JUDGMENT OF COURT. SEC. 372. A certified copy of the judgment of the court shall have the same effect as to the result of the election as if it had been so declared by the canvassers. [S. L. 1890, Ch. So, vSec. 161.] 48 CH. 10 ELECTION CONTESTS 373 WHEN ELECTION OF CANDIDATE DECLARED VOID. SEC. 373. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualifications on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void. [S. L. 1890, Ch. 80, Sec. 162. ] APPEALS TO SUPREME COURT IN CONTESTED ELECTION CASES. SEC. 374. All cases of contested elections in the district courts may be taken to the supreme court in the same manner and upon like conditions as is provided in the case of civil actions. [S. L. 1890, Ch. 80, Sec. 163.] CHAPTER U GENERAL PROVISIONS C.eneral application of election law. Sec. 376. Form of oath required. .Sec. 382. Publication election proceedings by county commissioners. Sec. 383. County clerk to furnish city clerk list of voters. Sec. 377. Qualifications of office-holders; Sec. 37*. Woman suffrage. Sec. 384. Printing of election laws. Sec. 379. Persons disqualified from voting or .See. 385. Distribution of election laws. holding ofirce. Sec. 380. Resignation of elective offices. Sec. 381. Vacancies in elective offices How made. Sec. 386. Meaning of term municipal. Sec. 387. Application of general election laws. Sec. 388. Where elector must vote. GENERAL APPLICATION OF ELECTION LAW. SEC. 375. The penalties and other provisions of law with refer- ence to elections and the returns thereof held in incorporated cities and towns and precincts located on the line of any railroad, shall ap- ply to elections held in precincts outside of said incorporated cities and towns so far as the same shall be applicable. [S. L. 1890, Ch. 80, Sec. 31.] FORM OF OATH REQUIRED. SEC. 376. Whenever an oath is required by the provisions of this title, the elector shall swear according to the form of his religious faith or belief, or affirm under the pains and penalties of perjury. [S. L. 1890, Ch. So, Sec. 34.] QUALIFICATIONS OF OFFICE-HOLDERS. SEC. 377. No person shall be eligible to any office who, at the time he is chosen and during his incumbency therein, is not a qualified elector and an actual resident of the district, county, town, ward or precinct, as the case may be, in which he holds such office. [S. L. 1890, Ch. 80, Sec. 6.] WOMAN SUFFRAGE. SEC. 378. When they possess the other qualifications of an elec- tor, the rights of women to the elective franchise and to hold office shall be the same as those of men. [S. L. 189^), Ch. So. Sec. 7.] 49 379 KLKCTORS AND ELKCTIONS DIV. i TL. 4 PERSONS DISQUALIFIED FROM VOTING OR HOLDING OFFICE. SEC. 379. The following persons shall not vole or hold office: One who is under guardianship. One who is non compos mentis. One who has been within Wyoming convicted of any felony, un- less restored to civil rights by pardon. One who has made or become, either directly or indirectly, inter- ested in any bet or wager depending upon the result of the election at which he or she shall offer to vote. [S. L. 1890, Ch. So, Sec. 8.] RESIGNATION OF ELECTIVE OFFICES. SEC. 380. Resignation of elective offices shall be made to the officer, court or county board authorized by law to fill a vacancy in such office by appointment or to order an election to fill such vacancy. [S. L. 1890, Ch. 80, Sec. 43.] VACANCIES IN ELECTIVE OFFICES HOW MADE. SEC. 381. Every elective office shall become vacant on the hap- pening of either of the following events to the incumbent before the end of his term of office: 1. His death. 2. His resignation. 3. His becoming insane or non compos mentis. 4. His ceasing to be an inhabitant of the state, pr if the office is local, his ceasing to be an inhabitant of the district, town, ward or precinct for which he was elected. 5. His conviction of an infamous crime or of any offense involv- ing a violation of official oath. 6. His removal from office. 7. His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law. 8. The decision of a competent tribunal declaring his election void. [S. L. 1890, Ch. 80, vSec. 45.] State ex rel Richardson vs. Henderson, 4 Wyo. 535. PUBLICATION ELECTION PROCEEDINGS BY COUNTY COMMISSION- ERS. SEC. 382. The county commissioners and county clerks of the several counties shall cause to be made full and minute entries of all proceedings had under this title and to cause full copies of such pro- ceedings and appointments of registry agents, judges, etc., to be pub- lished in a newspaper published within their respective counties as soon after their adjournment as is practicable, and the county clerks of the several counties shall immediately notify, in writing, the regis-. try agents of their appointment. [S. L. 1890, Ch. 80, Sec. 39.) COUNTY CLERK TO FURNISH CITY CLERK LIST OF VOTERS. SEC. 383. The clerk of each county shall supply each clerk of a municipality with a certified and full and complete list of all voters 50 CH. ir OKNKRAL PROVISION'S 384 registered within the said municipality as last returned by the registry agents, upon the request of the clerk of said municipality, and within three days after such request. The county clerk shall receive therefor no fee; Provided, however, the clerk of such municipality shall not make such request unless an election in the municipality will occur within thirty days. [S. L. 1890, Oh. 80, vSec 176.] PRINTING OF ELECTION LAWS. SEC. 384. The secretary of state in each general election year shall, not later than the first day of July in each year, cause to be printed and distributed among the several boards of county commis- sioners, one thousand copies of the then existing election laws of this state. [As amended S. L. 1901, Ch. 24.] DISTRIBUTION OF ELECTION LAWS. SEC. 385. The boards of county commissioners receiving printed copies of the election laws, shall provide the judges of each voting pre- cinct with a copy thereof at each election. [S L 1890, Ch 80, Sec. 181.] MEANING OF TERM MUNICIPAL. SEC. 386. The term "municipal" and "municipalities" herein used shall mean and refer to incorporated cities and tow r ns. [S. L. 1890, Ch. 80, Sec. 178.] APPLICATION OF GENERAL ELECTION LAWS. SEC. 387. This title shall, as far as possible, apply to all incor- porated cities and towns, except as to the canvass of the votes, which canvass may be provided for by ordinance; but if not so provided for, the provision of this title shall prevail. But at no election whatsoever held under the laws of Wyoming shall it be necessary for any elector to pay a poll tax to entitle such elector to vote. When the charter or law relating to any city or town shall indicate a different procedure than herein set forth, the provisions of this title shall prevail, and the charter or law relating to such city or town shall not be followed. When this title does not fully provide for the conduct of election, in any city or to\vn, such city or town may, by ordinance, not inconsist- ent herewith, provide for a complete election and canvass thereof. [S. L. 1890, Ch. 80, Sec 177.] WHERE ELECTOR MUST VOTE, SEC. 388. No one shall be permitted to vote in any polling pre- cinct other than the one of which he is at the time an actual resident. [S. L. 1897, Ch. 53- Sec. 25.] 2389 ELECTORS AND ELECTIONS DIV. i TL. 4 Sec. 397- Posting registry lists. Sec. 39. Duty of county clerk. rs. Sec 399- Expense By whom paid. Sec. 400. Duty of city clerk. Sec. 401. Who entitled to vote. hen. Sec. 402. Where entitled to vote. its -To Sec. Sec. Sec. Sec. 403- 404. 405- 406. City to pay registry agents. Appointment of judges and clerks. Citv to pay judges and clerks. Application ot general election laws. CHAPTER \2 MUNICIPAL ELECTIONS Sec. 389. Proclamation for. .Sec. 390. Designation of polling place Sec. 391. Notice to county commissioners Sec. 392. Duty of registry agents. Sec. 393. Registry agents shall meet When. Sec. 394. Post list of electors registered. Sec. 395. Meetings of registry agents I,engtn of. Sec. 396. Certificate of registry lists To whom. PROCLAMATION FOR. SEC. 389. The mayor or other chief officer of each incorporated city or town shall, not less than thirty days before an election therein, if possible, make a proclamation which shall be published at least one time in an official newspaper of the city, setting forth the fact that on a certain date, naming it, a municipal election will take place for the election of officers, naming the offices to be filled at such election. Such proclamation shall be signed by the mayor or other chief officer, and attested by the clerk of the municipality. [S. L. 1890-91, Ch. 17, vSec. i.] DESIGNATION OF POLLING PLACE. SEC. 390. The mayor or other chief officer of an incorporated city or town, together with its council or board of trustees, may desig- nate and establish such polling places or booths within the precincts established by the county commissioners as the officers of such incor- porated city or town may deem fit. Such polling places or booths to be erected or constructed in the manner prescribed by law, at the ex- pense of such incorporated city or town. [S. L. 1890-91, Ch. 17, vSec. 2.] NOTICE TO COUNTY COMMISSIONERS. SEC. 391. The clerk of each incorporated city or town shall, not less than thirty days before an election, notify the board of county commissioners in writing, of the day of the next municipal election, whether the same be a regular or special one, whereupon the county commissioners shall at once notify the regularly appointed registry agents for the district embraced within such city or town, to appear at the lawfully designated place of registry on the third Tuesday pre- ceding such election, and to proceed to register all citizens who appear, claim the right, and are qualified to register, and who by reason of not being registered, would be disqualified from voting at such election. [S. L. 1890-91, Ch. 17, Sec. 3.] DUTY OF REGISTRY AGENTS. SEC. 392. Such registry agents shall thereupon post notices of the registration of electors in the manner provided by law for giving notice of registration before regular county elections. [S. L. 1890-91, Ch. 17, Sec. 4.] 52 CH. 12 MUNICIPAL ELECTIONS ^393 REGISTRY AGENTS SHALL MEET-WHEN. SEC. 393. On the day appointed for registry as aforesaid, such registry agents shall meet and proceed to register all qualified electors in the manner prescribed by law. Such registry agents shall keep the same hours and observe all the requirements of the statute the same as during regular registration periods. [S. L. 1890-91, Ch. 17, Sec. 5.] POST LIST OF ELECTORS REGISTERED. SEC. 394. At the end of the first meeting, the registry agents shall prepare and certify lists of persons who have registered, shall file the same in the office of the county clerk and clerk of the municipal- ity, and post the same in the manner provided by law. [S.'L. 1890-91, Ch. 17, Sec. 6.] MEETINGS OF REGISTRY AGENTS-LENGTH OF. SEC. 395. Such registry agents shall meet for three consecutive days, and then shall adjourn for one week, and then they shall meet for one day for the purpose of revising, correcting and completing such registry lists and the registration of such qualified electors who have not theretofore registered. [S. L. 1890-91, Ch. 17, Sec. 7-] CERTIFICATE OF REGISTRY LISTS TO WHOM. SKC. 396. When the registry agents shall have completed the registration as aforesaid, they shall prepare and certify lists and de- liver copies thereof to the county clerk and the clerk of the munici- pality in the manner provided by law. [S. L 1890-91, Ch. 17, Sec. 8.] POSTING REGISTRY LISTS. SEC. 397. The county clerk and the clerk of the municipality shall post such lists in the manner provided by law. [S. L. 1890-91, Ch. 17, Sec. 9.] DUTY OF COUNTY CLERK. SEC. 398. The county clerk, upon the request of the clerk of the incorporated city or town, shall prepare and deliver to such clerk of the incorporated city or town, a registry list containing, in alphabeti- cal order, and divided into precincts, complete lists of all the regularly registered and properly qualified electors who could vote at the ensuing city or town election, as shown by the registry lists in his office. [S. L- 1890-91, Ch. 17, Sec. TO.] EXPENSE BY WHOM PAID. SEC. 399. The city or town asking for such lists through its clerk shall reimburse the county clerk for all expenses incurred in procuring material and assistance necessary in furnishing such regis- try lists. Such expenses shall be paid after such service is rendered, in the same manner that the other claims against an incorporated city or town are paid. [S. L. 1890-91, Ch. 17, Sec. ii.] DUTY OF CITY CLERK. SEC. 400, The clerk of the incorporated city or town upon 53 $401 ELECTORS AND ELECTIONS DIV. i TL. 4 receipt of such registry lists, shall prepare one list for each election precinct. He shall furnish a judge in each precinct with a certified list of the qualified voters in each precinct as such lists are obtained from the registry lists furnished by such clerk of a city or town by the county clerk. [S. L. 1890-91, Ch. 17, Sec. 12.] WHO ENTITLED TO VOTE. SEC. 401. All persons who have registered either during the registration period immediately preceding the said city or to\vn elec- tion, or who have registered less than two years before such election during a regular registration period for county elections, and who would be qualified at that time to vote at a county election in a pre- cinct, shall be entitled to vote at such city or town election in the pre- cinct in which they are registered; Provided, That such electors are actual residents of the incorporated city or town in which they offer to vote. [S. L. 1890-91, Ch. 17, vSec. 13.] WHERE ENTITLED TO VOTE. SEC. 402. Any elector who registered previous to such city or town election shall be entitled to vote in any election precinct in which they are registered and until the next regular period for registration before a county election; Provided, That in county elections they shall be actual residents of the county, and in municipal elections, of the incorporated city or town in which they offer to vote. [S. L. 1890-91, Ch. 17, Sec. 14-] CITY TO PAY REGISTRY AGENTS. SEC. 403. The incorporated city or town for which the registra- tion provided for in this chapter is held, shall pay the salary of the registration agents, and all their fees and expenses for services ren- dered in registering before such election, as provided by law. [S. L. 1890-91, Ch. 17, Sec. 15.] APPOINTMENT OF JUDGES AND CLERKS. SEC. 404. The mayor or other chief officer of an incorporated city or town in which a municipal election is held, shall, by and with the advice of its council or trustees, appoint the judges and clerks of election for such election, under the same restrictions and qualifica- tions, as those required for regular elections. [S. L. 1890-91, Ch. 17, Sec. 16.] CITY TO PAY JUDGES AND CLERKS. SEC. 405. The incorporated city or town appointing such judges and clerks shall pay their salary and expenses at the same rate as pre- scribed by law for similar duties in regular county elections. [S. L- 1890-91, Ch. 17, Sec. 17.] APPLICATION OF GENERAL ELECTION LAWS. SEC. 406. The provisions of law 7 for general elections shall apply as far as possible to the registration and election. Whenever the pro- cedure of conducting municipal elections is not fully provided for by law, it may be supplemented by ordinance of the incorporated city or 54 CH. 13 ELECTION OFFENSES town, in which an election is held, and the canvass and returns of such elections shall be prescribed by the ordinances of such incorporated cities or towns. [S. L. 1890-91, Ch. 17, Sec. 18. ] CHAPTER J3 ELECTION OFFENSES Sec. 408. Sec. 409. Sec. 410. Sec. 411. Sec. 412 Sec. 413. Sec. 414. Klection officers failing to perform duty. Doing prohibited act. Mutilating registry and poll books. Penalty for corrupt swearing be- fore registry agent. Penalty Registration officers. Penalty for false registration. Penalty Defacing registry lists. Penalty Certificate of nomination Ballots. Sec. 415. Penalty Interfering with election conveniences Preventing others voting. Sec. 416. Penalty Putting placards in booths for electioneering pur- poses. Sec 417. Penalty False swearing concern- ing qualifications or incapacity to vote. Sec. 418. Penalty Use of intoxicants by of- ficers of election. Sec. 419. Unlawful voting at primary. Sec. 420. Misconduct of officers. ELECTION OFFICERS FAILING TO PERFORM DUTY. SEC. 407. Any registry agent, judge or clerk of election, or any other election officer, or any other officer or person upon whom any duty is imposed by the election laws of this state, who shall wilfully neglect or omit to perform any duties so imposed, shall be fined not more than two thousand dollars and not less than one hundred dollars or imprisoned in the penitentiary not more than five years, or both. [S. L. 1890, Ch. 80, Sec. 165.] DOING PROHIBITED ACT, SEC. 408. Any registry agent or judge or clerk of election, or any other election officer, or any officer or person, who shall do or per- form any act or acts prohibited by the election laws of this state, shall be fined not more than two thousand dollars and not less than one hundred dollars, or be imprisoned in the penitentiary not more than five years, or both. [S. L. 1890, Ch. 80, Sec 165.] MUTILATING REGISTRY AND POLL BOOKS. SEC. 409. Any person who shall mutilate or erase any name, figure or word in any poll book, taken or kept at any election; or shall take away any such poll book from the place where it has been de- posited for safe keeping, with intent to destroy, mutilate, change or injure the same, or to procure or prevent the election of any person; or shall destroy any poll book kept at any election, shall be fined not more than five hundred dollars, and imprisoned in the county jail, not more than one year. [S. L. 1890, Ch. 8<>, Sec. 166.] PENALTY FOR CORRUPT SWEARING BEFORE REGISTRY AGENT. SEC. 410. All wilful, corrupt and false swearing or affirming be- fore any registry agent shall be the crime of perjury and shall be pun- ished as such. [S. L. 1890, Ch. So, Sec 167.] 55 ELECTORS AND ELECTIONS DIV. i TL. 4 PENALTY REGISTRATION OFFICERS. SEC. 411. Any registry agent or other person who in any man- ner shall wilfull}' or corruptly permit any person not entitled to regis- tration or to a certificate of registration to be registered or have a cer- tificate of registration, or who delays or fails to deliver the certified copies of the official register and check list to the judges of election as required by law, or who permits any person to register after the date on which the registration books close, or who shall otherwise or wil- fully or corruptly violate any of the provisions of law relating to elec- tions, the penalty for which is not otherwise specially prescribed, shall be punished for each and every offense by imprisonment in the peni- tentiary for a term of not less than one year nor more than five years, or by a fine of not less than one hundred dollars nor more than two thousand dollars, or by both. [S. L. 1890, Ch. So, vSec. 1 68.] PENALTY FOR FALSE REGISTRATION. SEC. 412. Any person who shall wilfully cause or endeavor to cause his name to be registered in any other election district than that in which he resides or will reside prior to the day of the next ensuing election, except as herein otherwi.se provided, and any person w r ho shall cause or endeavor to cause his name to be registered, knowing that he is not a qualified elector and will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made, and any per- son who shall induce, aid or abet any one in the commission of either of the acts in this section enumerated and described, shall be fined not less than fifty dollars nor more than five hundred dollars, or be con- fined in the county jail for not less than one month nor more than six months, or both. [S. L. 1890, Ch. So, vSec. 169.] PENALTY-DEFACING REGISTRY LISTS. SEC. 413. Any person who shall take down, tear down or deface any officially posted registry list, shall be guilty of a misdemeanor, and shall be punished by a fine of one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days, or by both. [S. L. 1890, Ch. So, Sec. 169.] PENALTY-CERTIFICATE OF NOMINATION- BALLOTS. SEC. 414. Any person who shall falsely make or wilfully deface or destroy any certificate of nomination or nomination paper, or any part thereof, or any letter of withdrawal or sign any such certificate or paper contrary to the provisions of this title, or who shall file any certificate of nomination or nomination paper or letter of withdrawal, knowing the same or any part thereof to be falsely made, or who shall suppress any certificate of nomination or nomination paper, or any part thereof, which has been duly filed, or who shall forge or falsely make the official endorsement on any ballot, or who shall wilfully destroy or deface any ballot, or who shall wilfully delay the delivery of any bal- 56 CH. 13 ELECTION OEEEXSES $415 lots shall be fined not exceeding one thousand dollars or be imprisoned in the county jail not more than one year, or both. [S. I.. 1890, Ch. S<>, Sec. 170.] PENALTY-INTERFERING WITH ELECTION CONVENIENCES - PRE- VENTING OTHERS VOTING. SEC. 415. Any person who shall, prior to an election, wilfully deface or destroy any list of candidates posted in accordance with the provisions of this title, or who, during an election, shall wilfully de- deface, tear down, remove or destroy any of the supplies or conven- iences furnished to enable an elector to prepare his ballot, or who shall wilfully hinder the voting of others, shall be fined not less than twenty- five dollars nor more than one hundred dollars. [S. L. 1890, Ch. 80, vSec. 171.] PENALTY-PUTTING PLACARDS IN BOOTHS FOR ELECTIONEERING PURPOSES. SEC. 416. Any person or officer of election who shall put or per- mit to be put into a voting booth any placard, notice or device except the sample ballots and cards of instruction as provided by law, intended or likely to call the attention of the voter to any candidate, or to urge the voter to vote for any particular candidate, or shall put or allow anything to be put into such booths for the use or comfort of the voter whereby the claims of any candidate are urged upon the voter, either directly or indirectly, shall be imprisoned in the count} 7 jail not to ex- ceed three months, or fined not to exceed five hundred dollars, or both. [S. L. 1890, Ch. So, Sec. 172.] PENALTY-FALSE SWEARING CONCERNING QUALIFICATIONS OR INCAPACITY TO VOTE. SEC. 417. Any person who declares or swears falsely concerning his incapacity to vote at any election without the aid of an election of- ficer, or who swears falsely concerning the qualifications of any person offering to vote, shall be imprisoned in the county jail not to exceed six months, or to be fined not to exceed five hundred dollars, or both. [S. L. 1890, Ch. 80, Sec. 173.] PENALTY-USE OF INTOXICANTS BY OFFICERS OF ELECTION. SEC. 418. Any person introducing in any way, upon election day, or during the counting of the ballots, into any place where an election is held, any spirituous or malt liquor, and any judge or clerk of election drinking any such liquor in such place, or being intoxicated therein during such election or counting, shall be imprisoned in the county jail not exceeding six months, or be fined not exceeding five hundred dollars, or both. [S. L. 1890, Ch. 80, Sec. 175.] UNLAWFUL VOTING AT PRIMARY. SEC. 419. Whoever shall vote at any primary meeting, or at any caucus or public meeting of the qualified voters of a county, district, city or town, or ward of a city, or of any specified party or portion of such voters for the nomination of candidates to be supported at any state, general, county, district, municipal or town election, or for the 57 420 KLI'XTORS AND KLKCTIONS 1)1 V. i TL. 4 selection of delegates to any political convention, or for the appoint- ment of any political committee, not being a legal voter in the county, city or town or ward of a city as the case may be, in and for which such meeting is held, or whoever shall so vote, being a legal voter, but not being included in the terms of the call tinder which such meetings are held; or whoever shall vote or attempt to vote under any name not his own; or whoever shall vote or attempt to vote more than once at one balloting, or whoever knowingly shall cast or attempt to cast more than one ballot at one time of balloting, or more than the number of separate ballots allowed to each voter, if more than one ballot is al- lowed to be cast, shall be fined not more than fifty dollars or impris- oned in the county jail not more than three months, or both. [S. L 1890-91, Ch. 32, vSec. 4.] MISCONDUCT OF OFFICERS AT PRIMARIES. SEC. 420. Whoever, being an officer appointed and acting at any such meeting, shall knowingly make a false count of ballots or votes, or make a false statement or declaration of the result of a ballot or vote, or knowingly refuse to receive any ballot cast by any person qualified to vote at such meeting, or shall wilfully alter, deface or destroy any ballots cast or check lists used thereat, before the time provided by law for the destruction of the same, or shall decline or fail to receive any written request as provided by law, governing primaries, or shall decline or fail to perform any duty or obligation imposed by said law, shall be fined not more than fifty dollars, or imprisoned in the county jail not more than three months, or both. [S. L. 1890-91, Ch. 32, Sec. 6.] MISCELLANEOUS LAWS TERM OF SUCCESSOR TO GOVERNOR-PROVISO. SEC. 52. Whenever the powers and duties of the office of the governor of the state of Wyoming shall devolve upon a person, as here- inbefore provided, the person acting as governor shall continue to act as governor, as aforesaid, until the end of the term of the governor; Provided, such assumption of office is made as aforesaid less than twenty days before the next general election of county officers, preced- ing the next ensuing general election for state officers; but should such assumption be made as aforesaid previous to twenty days before a gen- eral election for county officers, then and in that case, the person act- ing as governor as aforesaid, shall issue an additional proclamation calling for the election of a governor to fill the unexpired term, which election shall take place at the same time as the general election for county officers, and such election, together with the returns and can- vass thereof, shall be conducted in all respects as though it was an original election for governor. When the state canvassing board shall have canvassed the vote of the election as aforesaid, and in the manner provided by law, declared a person at such election to be elected as governor, such person shall, within thirty days after such canvass, or 5* CII. 12 PRESIDENTIAL ELECTORS 3165 as soon thereafter as possible, qualify and assume the duties and pow- ers of governor, and shall be the governor of the state of Wyoming for the remainder of the unexpired term of governor. [S L. 1890-91, Ch. 14, Sec. 3.] DIVISION ONE TITLE IH CHAPTER J2 PRESIDENTIAL ELECTORS Sec. if>5. Klfction of presidential electors provided for. Sec. 166. Certificate of election. Sec. 167. Klectors shall convene when Kill- ing of vacancy. vSec. 168. When shall proceed to vote. Sec. 169. Compensation. ELECTION OF PRESIDENTIAL ELECTOR PROVIDED FOR, SEC. 165. At the general election next preceding the choice of president and vice president of the United States of America, there shall be elected as many electors of president and vice president of the United States of America as this state may be entitled to elect of sen- ators and representatives in congress. [S. L. 1890-91, Ch. 63, Sec. i.] CERTIFICATE OF ELECTION. SEC. 1 66. The certificate of election for electors of president and vice president of the United States of America, shall be served on each person elected, notifying him to attend at the office of the secretary of state at the seat of government at the hour of twelve o'clock noon of the Saturday next preceding the second Monday of January next after his election, and to report himself to the governor of this state as in attendance. [S. L. 1890-91, Ch. 63, Sec. 2.] ELECTORS SHALL CONVENE WHEN-FILLING OF VACANCY. SEC. 167. The electors of president and vice president so attend- ing, shall convene in the office of the secretary of state at the capital of the state, at the hour of twelve o'clock noon of the Saturday next preceding the second Monday of January, as provided in section one hundred and sixty-six, and in case there shall be any vacancy in the office of an elector, occasioned by the death, refusal to act, neglect to attend by the hour of 12 o'clock noon of said day, or on account of an) T two of the persons voted for as electors having received an equal and the same number of votes, or on account of the ineligibility of any person elected, or from any cause, the qualified electors present shall proceed to fill such vacancy by ballot and plurality of votes, and the said electors so present shall immediately issue a certificate of election signed by those present, or a majority of them, to the person so chosen. 59 ?i68 ELECTORS AND ELECTIONS DIV. i TL. 3 In case of a failure to elect by the said electors by noon of the Monday next following, the governor shall fill the vacancy by appointment. [S. L. 1890-91, Ch. 63, Sec. 3.] WHEN SHALL PROCEED TO VOTE. SEC. 1 68. The college of electors being full, shall meet at the of- fice of the secretary of state at the capital at noon of the said second Monday of January, and shall proceed to the election and performance of their duties in conformity with the constitution and laws of the United States of America. [S. L. 1890-91, Ch. 63, Sec. 4-1 COMPENSATION. SEC. 169. The said electors shall each receive a compensation of five dollars for each day's attendance, and the same mileage as is pro- vided for members of the legislature of this state, and the amount of such attendance and mileage shall be presented, audited and paid in the same manner as other claims against the state, out of any funds in the state treasury, not otherwise appropriated. [S. L. 1890-91, Ch. 63, Sec. 5.] ELECTION OF OFFICERS ON ORGANIZATION OF NEW COUNTY. SEC. 1008. At the next general election held in the state, after the appointment of such commissioners, an election shall be held in such county and in the same manner as if such count}* were organized. In addition to voting for a member of congress and such state and dis- trict officers, as may be provided for by law, the electors of such county shall at such election elect the members of the senate and house of rep- resentatives of the state to \vhich such county is entitled; and also the county and precinct officers provided for by law; and at the same time they shall choose a county .seat for such county in the same manner in which county officers are elected. [S. L. 1895, Ch. 59, Sec. 6.] TERMS OF COUNTY COMMISSIONERS. SEC. 1056. The board of county commissioners of each county shall consist of three qualified electors who shall hereafter be elected in the following manner: At the general election to be held in Novem- ber, 1900, there shall be elected in each organized county two commis- sioners for a term of two years and one commissioner for a term of four years, the persons so elected to constitute said board, and there- after at each general election there shall be elected in each organized county one commissioner for a term of two years and one commissioner for a term of four years. Each person elected as such commissioner shall, on or before the first Monday in January succeeding his election, if elected, and immediately upon being appointed to fill a vacancy in the board of county commissioners, take and subscribe the same oath of office which is required of other county officers, and also shall give a bond to the state of Wyoming in the sum of one thousand dollars, which shall be approved by the judge of the judicial district. Each member of the board shall take and subscribe the same oath as that of other county officers, and shall give a bond to the state of Wyoming 60 MISCELLANEOUS LAWS 4 Expense of A public charge 306 Order at must be good 313 Proclamation of opening and closing 312 Public buildings may be used 306 Shall not be near saloon 302 vSpace around 305 Time kept open " 311 Who allowed within rail 330 Polling precincts Change of 247 Established By whom 245 Failure to hold election in does not invalidate election 345 In municipal elections 389 Rules for establishment of 246 Size of 248 Poll list -How kept. 320 Must show challenges 324 Presidential electors Certificate of election to be served upon them When ( Page 59 ) 166 Compensation ( Page 60 ) 169 Convene When and where (P a g e 59) ] 6~ Elected When ( Page 59, Sec. 165 ) 196 Shall cast vote When and where (Page 60) 168 Vacancy How filled ( Page 59) 167 Primary defined 219 Proclamation By county commissioners for elections 204 Opening and closing polls 312 Qualification necessary To hold office 377, 378 Register of election How kept 272 Registration Hours for 256 Of electors How made ^. 253 Prior to election, required 249 Public 260 Required prior to voting 274 Who must register 254 Registry agents -File original registry list with county clerk When. . 258 Furnish certificate to absent voter ( Page 67 ) (Vive certified registry lists to judges of election 264 Hours of registration 256 Judges of election are ex-officio 271 Keep copies of registry list 258 Make copies of registry list 257 Meetings of Time and hours for holding 252, 259 Meet to complete registration lists When 259 Municipal election Duty in 392, 394 Certify list To whom 396 Length of meetings 395 IX INDEX TO ELECTION LAWS ELECTIONS Continued Registry agents. (Continued. ) Post list of electors 394 Shall meet When ^9- Must register Whom 254, 262 Oath of 250 Pay 0^ 269 Power of 270 Shall post notice of meetings When 252 Term of office 249 Vacancies - How filled 270 When appointed . . . . 249 Who may be 249 Registry lists Certified copies to be given to judges of election 264 Completion of 259 Copies to be made 257 Correction of 260, 261 Disposition of 258 Duty of judges when list not received 317 How made . ... 253 Judges of election shall return list to county clerk When 26S Representative in congress When elected . . 1 97 Special election to fill vacancy 210 Resignations Of officers To whom made 380 Returns Abstracts of to be made when and by whom 347 Delivery to By whom 343 Form of 342 Informality of delivery does not invalidate vote 345 Messenger to be sent for When 346, 350 What shall be counted 348 Saloons shall be closed on election day (Page 61 ) 2643 Secretary of state shall certify nominations to county clerks 242 Shall certify substituted nominees 238 Shall certify questions submitted to voters to county clerks 241 Shall certify nominations to county clerks 242 Shall give notice to county commissioners of vacancy in office of member of congress 211 Must give notice to county commissioners what officers are to be elected 206 Shall print election laws When And distribute 384 Must send messenger for returns When 350 Sheriffs Furnish voting booths 299 vSoldiers can not acquire residence. (Constitution, Sec. 8, page 70. ) Special Called by whom, and when 212, 213, 215 For members of congress to fill vacancy . 210 For member of legislature to fill Vacancy 212 How conducted 208 Order for Shall contain what 216 When held 209 X INDEX TO ELECTION LAWS ELECTIONS Continued Special. (Continued.) Who may vote 2 1 S Stickers Defined 240 To fill vacancy after ticket is printed 239 Suffrage Constitutional provisions ( Page 69) Supplies For election What and by whom furnished 207, 290 For registration What and by whom furnished 251 How delivered '. . . 291 Tie vote Duty of court in case of 37 1 Effect of 368 Procedure in case of For city officer ( Page 61 ) 1681 Procedure in case of For county officer 369 Procedure in case of P x or state officer 370 Time Allowed to elector in which to vote 331 For appointing registry agents 249 For canvassing returns 347> 35 1 For commencement of election contest 355, 362 For filing certificates of nomination 233 For filing certificates of nomination by secretary of state 242 For filing declination of nomination 234 For keeping polling place open 311 For laying out election districts 244 For printing ballots 294 For publication of nominations for office 243 Holding of general election 195 Limit for call of special election 216 Vacancies After ticket printed How filled 239 Determined by whom 217 In elective office How made 381 In nominations How filled 235, 236 In office of judge of election How filled 279 Of office of registry agents How filled 270 What filled at general election 199 What filled at special election 209 Void Election void When .' 373 Voting Aids to voter What may be used 321 Cards of instruction for voting 318 When elector not registered How he may 327 When elector absent from home precinct How he may (I >a K e 66) Woman suffrage 378 LAWS OF J905 Page Amendment of Sections 2 and 3, Ch. 69, S. I/, of 1901 65 Councilmen Terms of City of 10,000 65 Terms of City of r ,000 to 3,500 . % 66 Salaries of City of r ,000 to 3,500 66 Electors Absent from home precinct may vote anywhere in state How 66 Mayor Term of City of 10,000 65 XI INDEX TO ELECTION LAWS LAWS OF 1905 Continued Mayor. (Continued.) Term of City of i ,IK>O to 3,500 66 Salary of City of i ,000 to 3,500 66 CONSTITUTIONAL PROVISIONS Sec. Art. Page Arrest Electors privileged from When Constitution 3 VI. 69 Contests Provision for trial 2 V 1 . 70 Electors- Constitutional qualifications of Sections 2, 5, 6, 9 and 10 VI. 69-70 Exempt from arrest When 3 VI. 69 Exempt from military service When 4 VI. 69 Residence not lost When 7 VI. 69 Soldiers and seamen are not 8 VI . 70 Equal rights I 69 General elections When held 5 VI. 71 Ballot at ii VI . 7 Open, free and equal 27 I. 69 Purity of provided for i VI. 70 Qualifications for office 3 VI . 71 Registration required prior to voting 12 VI. 70 Voting at 1 1 VI. 7^ Special elections When held 5 VI. 71 Officers- Hold over- When 4 VI . ~i Not provided for in constitution How provided for 6 VI. 71 Oath of Form of 7 1 Oath of How administered 9 VI . 72 Qualification of 3 7 [ Terms begin When 5 VI. 7' Residence Electors When not lost 7 VI . 69 Not acquired by -soldiers and seamen VI. 70 Rights- Equal in elections i 6 9 Soldier Residence can not be acquired VI. 70 XII 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. RENEWALS ONLY - 6 '- No 642 3405 ins 'M\ IvLr llj SEP 519S835 REC'D LD OCT '68-lflPH LD 2lA-45m-9,'67 (H5067slO)476B General Library University of California Berkeley