State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter18

CHAPTER 18 - VACANCIES

 

22-18-101. When deemed to occur.

 

(a) A vacancy shall occur in an electiveoffice if during his term the incumbent either:

 

(i) Dies;

 

(ii) Resigns;

 

(iii) Is determined by a court having jurisdiction to be mentallyincompetent;

 

(iv) Is disqualified from holding office forany reason specified by law;

 

(v) Is convicted of a felony or constituting a breach of hisoath of office;

 

(vi) Refuses to take the oath of office or togive or renew an official bond if required by law; or

 

(vii) Has his election voided by courtdecision.

 

(b) A vacancy exists in an elective office,if upon expiration of the term for which a person was elected a successor hasnot been elected and qualified.

 

(c) A vacancy exists in an elective officeand shall be filled in the same manner as it is filled when a vacancy occursafter the term of office has begun if, after a person has been elected to anoffice at an election, but before the time for the taking of the oath for that office,the person:

 

(i) Dies; or

 

(ii) Resigns. A person may resign an officebefore taking the oath for that office and before the term of office begins inthe same manner that he may resign after taking the oath of office.

 

(d) If a person who has died is elected, avacancy in office shall occur and the office shall be filled in the same manneras it is filled when a vacancy occurs after the term of office has begun.

 

(e) This section shall not apply to mayors and council memberswho are subject to the provisions of W.S. 15-1-107.

 

(f) In addition to subsections (a) through (c) of this section,a vacancy shall occur in the office of a member of the state legislature whenthe person fails to reside in the legislative district from which he is elected.

 

22-18-102. Determination of existence.

 

Theofficer or governmental body having the power to fill a vacancy in the officeshall determine whether a vacancy exists in the office.

 

22-18-103. Filling vacancy of congressman; generally.

 

Avacancy in the office of representative in congress shall be filled for theunexpired term at a special election called for the purpose by the governor,provided the vacancy does not occur within six (6) months of the next generalelection.

 

22-18-104. Filling vacancy of congressman; procedure.

 

Thegovernor shall call such special election by issuing a writ of election to thecounty clerk of each county voting for the office and to the secretary ofstate. The writ shall specify the day of the election.

 

22-18-105. Filling vacancy of congressman; whether filled at general orspecial election.

 

Ifthe vacancy in the office of representative in congress occurs within six (6)months prior to the next general election, the vacancy shall be filled at thegeneral election. Otherwise the special election shall occur not more thanforty (40) days after the vacancy occurs. The governor shall declare thevacancy and issue the writ of election within five (5) days after the vacancyoccurs.

 

22-18-106. Filling vacancy of congressman; nominations by state centralcommittees; independent candidates.

 

Anelector qualified to hold the office of representative in congress shall benominated by the state central committee of the respective parties to fill avacancy for the unexpired term of that office. Nominations from such partiesshall be filed with the secretary of state and fees paid within fifteen (15)days after the vacancy is officially declared. Independent candidates shallfile an application and pay the filing fee with the secretary of state withinfifteen (15) days after the vacancy is officially declared.

 

22-18-107. Filling vacancy of congressman; certification of candidates.

 

Withintwenty (20) days after the vacancy is declared, the secretary of state shallcertify to the clerks of counties voting to fill the vacancy the name of eachcandidate qualified to appear on the ballot, and his party affiliation or thename of a group or organization sponsoring an independent candidate.

 

22-18-108. Filling vacancy of congressman; party requirements.

 

A candidate for the unexpired term of the office ofrepresentative in congress may seek election only as a candidate of thepolitical party in which he was registered on the date the vacancy occurred. Acandidate for the unexpired term of office of representative in congress whowas not registered with a party on the date the vacancy occurred may run onlyas an independent.

 

 

22-18-109. Conduct of special election.

 

Aspecial election to fill a vacancy shall be conducted by the county clerk asnearly as possible in the manner of a general election. The candidate whoreceives a plurality of the votes at a special election shall be issued acertificate of election as provided by law.

 

22-18-110. Supreme court justices and district court judges.

 

Avacancy in the office of justice of the supreme court or judge of any districtcourt shall be filled by a qualified person appointed by the governor undersection 4, of article 5 of the constitution of Wyoming.

 

22-18-111. Vacancies in other offices; temporary appointments.

 

(a) Any vacancy in any other elective officein the state except representative in congress or the board of trustees of aschool or community college district, shall be filled by the governing body, oras otherwise provided in this section, by appointment of a temporary successorto serve until a successor for the remainder of the unexpired term is electedat the next general election and takes office on the first Monday of thefollowing January. If a vacancy in a four (4) year term of office occurs afterthe first day for filing an application for nomination pursuant to W.S.22-5-209, the temporary successor appointed shall serve until the first Mondayin January following the second general election thereafter. The followingapply:

 

(i) If a vacancy occurs in the office of United States senatoror in any state office other than the office of justice of the supreme courtand the office of district court judge, the governor shall immediately notifyin writing the chairman of the state central committee of the political partywhich the last incumbent represented at the time of his election under W.S.22-6-120(a)(vii), or at the time of his appointment if not elected to office.The chairman shall call a meeting of the state central committee to be held notlater than fifteen (15) days after he receives notice of the vacancy. At themeeting the state central committee shall select and transmit to the governorthe names of three (3) persons qualified to fill the vacancy. Within five (5)days after receiving these three (3) names, the governor shall fill the vacancyby temporary appointment of one (1) of the three (3) to hold the office. Ifthe incumbent who has vacated office did not represent a political party at thetime of his election, or at the time of his appointment if not elected tooffice, the governor shall notify in writing the chairman of all state centralcommittees of parties registered with the secretary of state. The statecentral committees shall submit to the governor, within fifteen (15) days afternotice of the vacancy, the name of one (1) person qualified to fill thevacancy. The governor shall also cause to be published in a newspaper ofgeneral circulation in the state notice of the vacancy in office. Qualifiedpersons who do not belong to a party may, within fifteen (15) days afterpublication of the vacancy in office, submit a petition signed by one hundred(100) registered voters, seeking consideration for appointment to the office. Within five (5) days after receiving the names of qualified persons, thegovernor shall fill the vacancy by temporary appointment to the office, fromthe names submitted or from those petitioning for appointment;

 

(ii) If a vacancy occurs in a county elective office, except asprovided in W.S. 18-3-524, the board of county commissioners of the county inwhich the vacancy occurs shall immediately notify in writing the chairman ofthe county central committee of the political party which the last incumbentrepresented at the time of his election under W.S. 22-6-120(a)(vii), or at thetime of his appointment if not elected to office. The chairman shall call ameeting of the county central committee to be held not later than fifteen (15)days after he receives notice of the vacancy. At the meeting the countycentral committee shall select and transmit to the board of countycommissioners the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the board of countycommissioners shall fill the vacancy by appointment of one (1) of the three (3)to hold the office. If the incumbent who has vacated office did not representa political party at the time of his election, or at the time of hisappointment if not elected to office, the county commissioners shall publish ina newspaper of general circulation in the county, notice that within fifteen(15) days after publication any qualified person may make application directlyto the county commissioners for appointment to fill the vacancy. Within twenty(20) days after the publication of the vacancy in office the countycommissioners shall fill the vacancy by appointment of one (1) person qualifiedfrom those submitting applications;

 

(iii) If a vacancy occurs in the office of amember of the state legislature:

 

(A) For vacancies other than resignations, the board of countycommissioners of the county or counties in which the vacancy occurs shallimmediately notify in writing the chairman of the state central committee ofthe political party which the former incumbent represented at the time of hiselection under W.S. 22-6-120(a)(vii), or at the time of his appointment if notelected to office. For resignations, the governor shall notify the appropriatestate central committee or the appropriate board of county commissioners inaccordance with W.S. 28-1-106. For all vacancies in which the incumbentrepresented a political party at the time of his election or appointment to theoffice, the state central committee of the political party of the formerincumbent shall notify the precinct committeemen and committeewomen for thatparty for each precinct within the legislative district which is vacant andarrange a meeting of those precinct committeemen and committeewomen at whichthey will select a list of three (3) persons qualified to fill the vacancy. Only those persons serving as committeemen and committeewomen at least thirty(30) days prior to the vacancy shall be authorized to vote under thissubparagraph. The meeting shall be held not later than fifteen (15) days afterthe state central committee is notified of the vacancy. The state centralcommittee of each political party shall establish procedures for conducting thevote required under this subparagraph and may delegate the authority to callthe meeting required under this subparagraph;

 

(B) The state central committee of thepolitical party of the former incumbent shall submit the list selected undersubparagraph (A) of this paragraph to the board of county commissioners foreach county in which the legislative district is located. Within five (5) daysafter receiving the list of three (3) names, the board of county commissionersshall fill the vacancy by appointment of one (1) of the three (3) to hold the office;

 

(C) If the incumbent who has vacated office did not represent apolitical party at the time of his election under W.S. 22-6-120(a)(vii), or atthe time of his appointment if not elected to office, the county commissionersshall proceed in accordance with the provisions of this subparagraph. Thecounty commissioners shall publish in a newspaper of general circulation in thecounty, notice that within fifteen (15) days after publication any qualifiedperson may make application directly to the county commissioners forappointment to fill the vacancy. Within twenty (20) days after publication ofthe notice of the vacancy in office the county commissioners shall fill thevacancy by appointment of one (1) person qualified from those submitting applications;

 

(D) If the legislative district is in more than one (1) county,the vacancy shall be filled by the combined vote of the boards of countycommissioners for those counties. The vote of each county commissioner inattendance shall be weighted so that the total vote of the commissioners fromeach county shall be in proportion to the population of the legislativedistrict within that county. For vacancies created other than by resignation,if the legislative district is in more than one (1) county, the determinationof the vacancy shall be made in accordance with this subparagraph.

 

(iv) A vacancy in the office of any hospital district trustee orin any other special district office shall be filled by temporary appointmentby the governing body of the hospital or special district, both subject tochapter 29 of this title;

 

(v) A vacancy in a municipal office shall be filled as providedby W.S. 15-1-107;

 

(vi) If the county commissioners fail to fill any vacancy asrequired in this section within the time specified, any qualified elector ofthe county may file a petition with the clerk of the district court of thecounty in which the vacancy occurred requesting the judge of the district courtto fill the vacancy. Within thirty (30) days after the petition is filed thejudge shall fill the vacancy by appointing a qualified elector of the countybelonging to the same political party as the incumbent represented at the timeof his election under W.S. 22-6-120(a)(vii), or at the time of his appointmentif not elected to office. If the incumbent did not represent any politicalparty at the time of his election or at the time of his appointment if notelected to office, the judge may appoint any qualified elector to fill thevacancy.

 

(b) The trustees of a school or communitycollege district shall fill a vacancy in office by temporary appointment in amanner provided by law. If the trustees fail to appoint a qualified person tofill a vacancy within thirty (30) days from the date the vacancy occurs, or if,for any reason, the entire membership of the board of trustees of a school orcommunity college district is depleted, the board of county commissioners ofthe county or counties involved, within ten (10) days of either occurrence,shall appoint a qualified person to fill each vacancy until the next electionat which time an election shall be held to fill the unexpired term, and eachappointee shall serve until his successor is elected and qualified. Eachappointee shall be a resident of the trustee residence area, or electionsubdistrict, if any, previously represented.

 

(c) For purposes of this section a person shall be consideredto "represent" a political party if he was a nominee of thatpolitical party when elected to office or when appointed to fill a vacancy inoffice.

 

22-18-112. Certificate of appointment.

 

Theofficer or governmental body filling a vacancy by temporary appointment shallissue a "Certificate of Appointment" to the person filling thevacancy. The certificate shall be lawful authority to hold the office.

 

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter18

CHAPTER 18 - VACANCIES

 

22-18-101. When deemed to occur.

 

(a) A vacancy shall occur in an electiveoffice if during his term the incumbent either:

 

(i) Dies;

 

(ii) Resigns;

 

(iii) Is determined by a court having jurisdiction to be mentallyincompetent;

 

(iv) Is disqualified from holding office forany reason specified by law;

 

(v) Is convicted of a felony or constituting a breach of hisoath of office;

 

(vi) Refuses to take the oath of office or togive or renew an official bond if required by law; or

 

(vii) Has his election voided by courtdecision.

 

(b) A vacancy exists in an elective office,if upon expiration of the term for which a person was elected a successor hasnot been elected and qualified.

 

(c) A vacancy exists in an elective officeand shall be filled in the same manner as it is filled when a vacancy occursafter the term of office has begun if, after a person has been elected to anoffice at an election, but before the time for the taking of the oath for that office,the person:

 

(i) Dies; or

 

(ii) Resigns. A person may resign an officebefore taking the oath for that office and before the term of office begins inthe same manner that he may resign after taking the oath of office.

 

(d) If a person who has died is elected, avacancy in office shall occur and the office shall be filled in the same manneras it is filled when a vacancy occurs after the term of office has begun.

 

(e) This section shall not apply to mayors and council memberswho are subject to the provisions of W.S. 15-1-107.

 

(f) In addition to subsections (a) through (c) of this section,a vacancy shall occur in the office of a member of the state legislature whenthe person fails to reside in the legislative district from which he is elected.

 

22-18-102. Determination of existence.

 

Theofficer or governmental body having the power to fill a vacancy in the officeshall determine whether a vacancy exists in the office.

 

22-18-103. Filling vacancy of congressman; generally.

 

Avacancy in the office of representative in congress shall be filled for theunexpired term at a special election called for the purpose by the governor,provided the vacancy does not occur within six (6) months of the next generalelection.

 

22-18-104. Filling vacancy of congressman; procedure.

 

Thegovernor shall call such special election by issuing a writ of election to thecounty clerk of each county voting for the office and to the secretary ofstate. The writ shall specify the day of the election.

 

22-18-105. Filling vacancy of congressman; whether filled at general orspecial election.

 

Ifthe vacancy in the office of representative in congress occurs within six (6)months prior to the next general election, the vacancy shall be filled at thegeneral election. Otherwise the special election shall occur not more thanforty (40) days after the vacancy occurs. The governor shall declare thevacancy and issue the writ of election within five (5) days after the vacancyoccurs.

 

22-18-106. Filling vacancy of congressman; nominations by state centralcommittees; independent candidates.

 

Anelector qualified to hold the office of representative in congress shall benominated by the state central committee of the respective parties to fill avacancy for the unexpired term of that office. Nominations from such partiesshall be filed with the secretary of state and fees paid within fifteen (15)days after the vacancy is officially declared. Independent candidates shallfile an application and pay the filing fee with the secretary of state withinfifteen (15) days after the vacancy is officially declared.

 

22-18-107. Filling vacancy of congressman; certification of candidates.

 

Withintwenty (20) days after the vacancy is declared, the secretary of state shallcertify to the clerks of counties voting to fill the vacancy the name of eachcandidate qualified to appear on the ballot, and his party affiliation or thename of a group or organization sponsoring an independent candidate.

 

22-18-108. Filling vacancy of congressman; party requirements.

 

A candidate for the unexpired term of the office ofrepresentative in congress may seek election only as a candidate of thepolitical party in which he was registered on the date the vacancy occurred. Acandidate for the unexpired term of office of representative in congress whowas not registered with a party on the date the vacancy occurred may run onlyas an independent.

 

 

22-18-109. Conduct of special election.

 

Aspecial election to fill a vacancy shall be conducted by the county clerk asnearly as possible in the manner of a general election. The candidate whoreceives a plurality of the votes at a special election shall be issued acertificate of election as provided by law.

 

22-18-110. Supreme court justices and district court judges.

 

Avacancy in the office of justice of the supreme court or judge of any districtcourt shall be filled by a qualified person appointed by the governor undersection 4, of article 5 of the constitution of Wyoming.

 

22-18-111. Vacancies in other offices; temporary appointments.

 

(a) Any vacancy in any other elective officein the state except representative in congress or the board of trustees of aschool or community college district, shall be filled by the governing body, oras otherwise provided in this section, by appointment of a temporary successorto serve until a successor for the remainder of the unexpired term is electedat the next general election and takes office on the first Monday of thefollowing January. If a vacancy in a four (4) year term of office occurs afterthe first day for filing an application for nomination pursuant to W.S.22-5-209, the temporary successor appointed shall serve until the first Mondayin January following the second general election thereafter. The followingapply:

 

(i) If a vacancy occurs in the office of United States senatoror in any state office other than the office of justice of the supreme courtand the office of district court judge, the governor shall immediately notifyin writing the chairman of the state central committee of the political partywhich the last incumbent represented at the time of his election under W.S.22-6-120(a)(vii), or at the time of his appointment if not elected to office.The chairman shall call a meeting of the state central committee to be held notlater than fifteen (15) days after he receives notice of the vacancy. At themeeting the state central committee shall select and transmit to the governorthe names of three (3) persons qualified to fill the vacancy. Within five (5)days after receiving these three (3) names, the governor shall fill the vacancyby temporary appointment of one (1) of the three (3) to hold the office. Ifthe incumbent who has vacated office did not represent a political party at thetime of his election, or at the time of his appointment if not elected tooffice, the governor shall notify in writing the chairman of all state centralcommittees of parties registered with the secretary of state. The statecentral committees shall submit to the governor, within fifteen (15) days afternotice of the vacancy, the name of one (1) person qualified to fill thevacancy. The governor shall also cause to be published in a newspaper ofgeneral circulation in the state notice of the vacancy in office. Qualifiedpersons who do not belong to a party may, within fifteen (15) days afterpublication of the vacancy in office, submit a petition signed by one hundred(100) registered voters, seeking consideration for appointment to the office. Within five (5) days after receiving the names of qualified persons, thegovernor shall fill the vacancy by temporary appointment to the office, fromthe names submitted or from those petitioning for appointment;

 

(ii) If a vacancy occurs in a county elective office, except asprovided in W.S. 18-3-524, the board of county commissioners of the county inwhich the vacancy occurs shall immediately notify in writing the chairman ofthe county central committee of the political party which the last incumbentrepresented at the time of his election under W.S. 22-6-120(a)(vii), or at thetime of his appointment if not elected to office. The chairman shall call ameeting of the county central committee to be held not later than fifteen (15)days after he receives notice of the vacancy. At the meeting the countycentral committee shall select and transmit to the board of countycommissioners the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the board of countycommissioners shall fill the vacancy by appointment of one (1) of the three (3)to hold the office. If the incumbent who has vacated office did not representa political party at the time of his election, or at the time of hisappointment if not elected to office, the county commissioners shall publish ina newspaper of general circulation in the county, notice that within fifteen(15) days after publication any qualified person may make application directlyto the county commissioners for appointment to fill the vacancy. Within twenty(20) days after the publication of the vacancy in office the countycommissioners shall fill the vacancy by appointment of one (1) person qualifiedfrom those submitting applications;

 

(iii) If a vacancy occurs in the office of amember of the state legislature:

 

(A) For vacancies other than resignations, the board of countycommissioners of the county or counties in which the vacancy occurs shallimmediately notify in writing the chairman of the state central committee ofthe political party which the former incumbent represented at the time of hiselection under W.S. 22-6-120(a)(vii), or at the time of his appointment if notelected to office. For resignations, the governor shall notify the appropriatestate central committee or the appropriate board of county commissioners inaccordance with W.S. 28-1-106. For all vacancies in which the incumbentrepresented a political party at the time of his election or appointment to theoffice, the state central committee of the political party of the formerincumbent shall notify the precinct committeemen and committeewomen for thatparty for each precinct within the legislative district which is vacant andarrange a meeting of those precinct committeemen and committeewomen at whichthey will select a list of three (3) persons qualified to fill the vacancy. Only those persons serving as committeemen and committeewomen at least thirty(30) days prior to the vacancy shall be authorized to vote under thissubparagraph. The meeting shall be held not later than fifteen (15) days afterthe state central committee is notified of the vacancy. The state centralcommittee of each political party shall establish procedures for conducting thevote required under this subparagraph and may delegate the authority to callthe meeting required under this subparagraph;

 

(B) The state central committee of thepolitical party of the former incumbent shall submit the list selected undersubparagraph (A) of this paragraph to the board of county commissioners foreach county in which the legislative district is located. Within five (5) daysafter receiving the list of three (3) names, the board of county commissionersshall fill the vacancy by appointment of one (1) of the three (3) to hold the office;

 

(C) If the incumbent who has vacated office did not represent apolitical party at the time of his election under W.S. 22-6-120(a)(vii), or atthe time of his appointment if not elected to office, the county commissionersshall proceed in accordance with the provisions of this subparagraph. Thecounty commissioners shall publish in a newspaper of general circulation in thecounty, notice that within fifteen (15) days after publication any qualifiedperson may make application directly to the county commissioners forappointment to fill the vacancy. Within twenty (20) days after publication ofthe notice of the vacancy in office the county commissioners shall fill thevacancy by appointment of one (1) person qualified from those submitting applications;

 

(D) If the legislative district is in more than one (1) county,the vacancy shall be filled by the combined vote of the boards of countycommissioners for those counties. The vote of each county commissioner inattendance shall be weighted so that the total vote of the commissioners fromeach county shall be in proportion to the population of the legislativedistrict within that county. For vacancies created other than by resignation,if the legislative district is in more than one (1) county, the determinationof the vacancy shall be made in accordance with this subparagraph.

 

(iv) A vacancy in the office of any hospital district trustee orin any other special district office shall be filled by temporary appointmentby the governing body of the hospital or special district, both subject tochapter 29 of this title;

 

(v) A vacancy in a municipal office shall be filled as providedby W.S. 15-1-107;

 

(vi) If the county commissioners fail to fill any vacancy asrequired in this section within the time specified, any qualified elector ofthe county may file a petition with the clerk of the district court of thecounty in which the vacancy occurred requesting the judge of the district courtto fill the vacancy. Within thirty (30) days after the petition is filed thejudge shall fill the vacancy by appointing a qualified elector of the countybelonging to the same political party as the incumbent represented at the timeof his election under W.S. 22-6-120(a)(vii), or at the time of his appointmentif not elected to office. If the incumbent did not represent any politicalparty at the time of his election or at the time of his appointment if notelected to office, the judge may appoint any qualified elector to fill thevacancy.

 

(b) The trustees of a school or communitycollege district shall fill a vacancy in office by temporary appointment in amanner provided by law. If the trustees fail to appoint a qualified person tofill a vacancy within thirty (30) days from the date the vacancy occurs, or if,for any reason, the entire membership of the board of trustees of a school orcommunity college district is depleted, the board of county commissioners ofthe county or counties involved, within ten (10) days of either occurrence,shall appoint a qualified person to fill each vacancy until the next electionat which time an election shall be held to fill the unexpired term, and eachappointee shall serve until his successor is elected and qualified. Eachappointee shall be a resident of the trustee residence area, or electionsubdistrict, if any, previously represented.

 

(c) For purposes of this section a person shall be consideredto "represent" a political party if he was a nominee of thatpolitical party when elected to office or when appointed to fill a vacancy inoffice.

 

22-18-112. Certificate of appointment.

 

Theofficer or governmental body filling a vacancy by temporary appointment shallissue a "Certificate of Appointment" to the person filling thevacancy. The certificate shall be lawful authority to hold the office.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter18

CHAPTER 18 - VACANCIES

 

22-18-101. When deemed to occur.

 

(a) A vacancy shall occur in an electiveoffice if during his term the incumbent either:

 

(i) Dies;

 

(ii) Resigns;

 

(iii) Is determined by a court having jurisdiction to be mentallyincompetent;

 

(iv) Is disqualified from holding office forany reason specified by law;

 

(v) Is convicted of a felony or constituting a breach of hisoath of office;

 

(vi) Refuses to take the oath of office or togive or renew an official bond if required by law; or

 

(vii) Has his election voided by courtdecision.

 

(b) A vacancy exists in an elective office,if upon expiration of the term for which a person was elected a successor hasnot been elected and qualified.

 

(c) A vacancy exists in an elective officeand shall be filled in the same manner as it is filled when a vacancy occursafter the term of office has begun if, after a person has been elected to anoffice at an election, but before the time for the taking of the oath for that office,the person:

 

(i) Dies; or

 

(ii) Resigns. A person may resign an officebefore taking the oath for that office and before the term of office begins inthe same manner that he may resign after taking the oath of office.

 

(d) If a person who has died is elected, avacancy in office shall occur and the office shall be filled in the same manneras it is filled when a vacancy occurs after the term of office has begun.

 

(e) This section shall not apply to mayors and council memberswho are subject to the provisions of W.S. 15-1-107.

 

(f) In addition to subsections (a) through (c) of this section,a vacancy shall occur in the office of a member of the state legislature whenthe person fails to reside in the legislative district from which he is elected.

 

22-18-102. Determination of existence.

 

Theofficer or governmental body having the power to fill a vacancy in the officeshall determine whether a vacancy exists in the office.

 

22-18-103. Filling vacancy of congressman; generally.

 

Avacancy in the office of representative in congress shall be filled for theunexpired term at a special election called for the purpose by the governor,provided the vacancy does not occur within six (6) months of the next generalelection.

 

22-18-104. Filling vacancy of congressman; procedure.

 

Thegovernor shall call such special election by issuing a writ of election to thecounty clerk of each county voting for the office and to the secretary ofstate. The writ shall specify the day of the election.

 

22-18-105. Filling vacancy of congressman; whether filled at general orspecial election.

 

Ifthe vacancy in the office of representative in congress occurs within six (6)months prior to the next general election, the vacancy shall be filled at thegeneral election. Otherwise the special election shall occur not more thanforty (40) days after the vacancy occurs. The governor shall declare thevacancy and issue the writ of election within five (5) days after the vacancyoccurs.

 

22-18-106. Filling vacancy of congressman; nominations by state centralcommittees; independent candidates.

 

Anelector qualified to hold the office of representative in congress shall benominated by the state central committee of the respective parties to fill avacancy for the unexpired term of that office. Nominations from such partiesshall be filed with the secretary of state and fees paid within fifteen (15)days after the vacancy is officially declared. Independent candidates shallfile an application and pay the filing fee with the secretary of state withinfifteen (15) days after the vacancy is officially declared.

 

22-18-107. Filling vacancy of congressman; certification of candidates.

 

Withintwenty (20) days after the vacancy is declared, the secretary of state shallcertify to the clerks of counties voting to fill the vacancy the name of eachcandidate qualified to appear on the ballot, and his party affiliation or thename of a group or organization sponsoring an independent candidate.

 

22-18-108. Filling vacancy of congressman; party requirements.

 

A candidate for the unexpired term of the office ofrepresentative in congress may seek election only as a candidate of thepolitical party in which he was registered on the date the vacancy occurred. Acandidate for the unexpired term of office of representative in congress whowas not registered with a party on the date the vacancy occurred may run onlyas an independent.

 

 

22-18-109. Conduct of special election.

 

Aspecial election to fill a vacancy shall be conducted by the county clerk asnearly as possible in the manner of a general election. The candidate whoreceives a plurality of the votes at a special election shall be issued acertificate of election as provided by law.

 

22-18-110. Supreme court justices and district court judges.

 

Avacancy in the office of justice of the supreme court or judge of any districtcourt shall be filled by a qualified person appointed by the governor undersection 4, of article 5 of the constitution of Wyoming.

 

22-18-111. Vacancies in other offices; temporary appointments.

 

(a) Any vacancy in any other elective officein the state except representative in congress or the board of trustees of aschool or community college district, shall be filled by the governing body, oras otherwise provided in this section, by appointment of a temporary successorto serve until a successor for the remainder of the unexpired term is electedat the next general election and takes office on the first Monday of thefollowing January. If a vacancy in a four (4) year term of office occurs afterthe first day for filing an application for nomination pursuant to W.S.22-5-209, the temporary successor appointed shall serve until the first Mondayin January following the second general election thereafter. The followingapply:

 

(i) If a vacancy occurs in the office of United States senatoror in any state office other than the office of justice of the supreme courtand the office of district court judge, the governor shall immediately notifyin writing the chairman of the state central committee of the political partywhich the last incumbent represented at the time of his election under W.S.22-6-120(a)(vii), or at the time of his appointment if not elected to office.The chairman shall call a meeting of the state central committee to be held notlater than fifteen (15) days after he receives notice of the vacancy. At themeeting the state central committee shall select and transmit to the governorthe names of three (3) persons qualified to fill the vacancy. Within five (5)days after receiving these three (3) names, the governor shall fill the vacancyby temporary appointment of one (1) of the three (3) to hold the office. Ifthe incumbent who has vacated office did not represent a political party at thetime of his election, or at the time of his appointment if not elected tooffice, the governor shall notify in writing the chairman of all state centralcommittees of parties registered with the secretary of state. The statecentral committees shall submit to the governor, within fifteen (15) days afternotice of the vacancy, the name of one (1) person qualified to fill thevacancy. The governor shall also cause to be published in a newspaper ofgeneral circulation in the state notice of the vacancy in office. Qualifiedpersons who do not belong to a party may, within fifteen (15) days afterpublication of the vacancy in office, submit a petition signed by one hundred(100) registered voters, seeking consideration for appointment to the office. Within five (5) days after receiving the names of qualified persons, thegovernor shall fill the vacancy by temporary appointment to the office, fromthe names submitted or from those petitioning for appointment;

 

(ii) If a vacancy occurs in a county elective office, except asprovided in W.S. 18-3-524, the board of county commissioners of the county inwhich the vacancy occurs shall immediately notify in writing the chairman ofthe county central committee of the political party which the last incumbentrepresented at the time of his election under W.S. 22-6-120(a)(vii), or at thetime of his appointment if not elected to office. The chairman shall call ameeting of the county central committee to be held not later than fifteen (15)days after he receives notice of the vacancy. At the meeting the countycentral committee shall select and transmit to the board of countycommissioners the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the board of countycommissioners shall fill the vacancy by appointment of one (1) of the three (3)to hold the office. If the incumbent who has vacated office did not representa political party at the time of his election, or at the time of hisappointment if not elected to office, the county commissioners shall publish ina newspaper of general circulation in the county, notice that within fifteen(15) days after publication any qualified person may make application directlyto the county commissioners for appointment to fill the vacancy. Within twenty(20) days after the publication of the vacancy in office the countycommissioners shall fill the vacancy by appointment of one (1) person qualifiedfrom those submitting applications;

 

(iii) If a vacancy occurs in the office of amember of the state legislature:

 

(A) For vacancies other than resignations, the board of countycommissioners of the county or counties in which the vacancy occurs shallimmediately notify in writing the chairman of the state central committee ofthe political party which the former incumbent represented at the time of hiselection under W.S. 22-6-120(a)(vii), or at the time of his appointment if notelected to office. For resignations, the governor shall notify the appropriatestate central committee or the appropriate board of county commissioners inaccordance with W.S. 28-1-106. For all vacancies in which the incumbentrepresented a political party at the time of his election or appointment to theoffice, the state central committee of the political party of the formerincumbent shall notify the precinct committeemen and committeewomen for thatparty for each precinct within the legislative district which is vacant andarrange a meeting of those precinct committeemen and committeewomen at whichthey will select a list of three (3) persons qualified to fill the vacancy. Only those persons serving as committeemen and committeewomen at least thirty(30) days prior to the vacancy shall be authorized to vote under thissubparagraph. The meeting shall be held not later than fifteen (15) days afterthe state central committee is notified of the vacancy. The state centralcommittee of each political party shall establish procedures for conducting thevote required under this subparagraph and may delegate the authority to callthe meeting required under this subparagraph;

 

(B) The state central committee of thepolitical party of the former incumbent shall submit the list selected undersubparagraph (A) of this paragraph to the board of county commissioners foreach county in which the legislative district is located. Within five (5) daysafter receiving the list of three (3) names, the board of county commissionersshall fill the vacancy by appointment of one (1) of the three (3) to hold the office;

 

(C) If the incumbent who has vacated office did not represent apolitical party at the time of his election under W.S. 22-6-120(a)(vii), or atthe time of his appointment if not elected to office, the county commissionersshall proceed in accordance with the provisions of this subparagraph. Thecounty commissioners shall publish in a newspaper of general circulation in thecounty, notice that within fifteen (15) days after publication any qualifiedperson may make application directly to the county commissioners forappointment to fill the vacancy. Within twenty (20) days after publication ofthe notice of the vacancy in office the county commissioners shall fill thevacancy by appointment of one (1) person qualified from those submitting applications;

 

(D) If the legislative district is in more than one (1) county,the vacancy shall be filled by the combined vote of the boards of countycommissioners for those counties. The vote of each county commissioner inattendance shall be weighted so that the total vote of the commissioners fromeach county shall be in proportion to the population of the legislativedistrict within that county. For vacancies created other than by resignation,if the legislative district is in more than one (1) county, the determinationof the vacancy shall be made in accordance with this subparagraph.

 

(iv) A vacancy in the office of any hospital district trustee orin any other special district office shall be filled by temporary appointmentby the governing body of the hospital or special district, both subject tochapter 29 of this title;

 

(v) A vacancy in a municipal office shall be filled as providedby W.S. 15-1-107;

 

(vi) If the county commissioners fail to fill any vacancy asrequired in this section within the time specified, any qualified elector ofthe county may file a petition with the clerk of the district court of thecounty in which the vacancy occurred requesting the judge of the district courtto fill the vacancy. Within thirty (30) days after the petition is filed thejudge shall fill the vacancy by appointing a qualified elector of the countybelonging to the same political party as the incumbent represented at the timeof his election under W.S. 22-6-120(a)(vii), or at the time of his appointmentif not elected to office. If the incumbent did not represent any politicalparty at the time of his election or at the time of his appointment if notelected to office, the judge may appoint any qualified elector to fill thevacancy.

 

(b) The trustees of a school or communitycollege district shall fill a vacancy in office by temporary appointment in amanner provided by law. If the trustees fail to appoint a qualified person tofill a vacancy within thirty (30) days from the date the vacancy occurs, or if,for any reason, the entire membership of the board of trustees of a school orcommunity college district is depleted, the board of county commissioners ofthe county or counties involved, within ten (10) days of either occurrence,shall appoint a qualified person to fill each vacancy until the next electionat which time an election shall be held to fill the unexpired term, and eachappointee shall serve until his successor is elected and qualified. Eachappointee shall be a resident of the trustee residence area, or electionsubdistrict, if any, previously represented.

 

(c) For purposes of this section a person shall be consideredto "represent" a political party if he was a nominee of thatpolitical party when elected to office or when appointed to fill a vacancy inoffice.

 

22-18-112. Certificate of appointment.

 

Theofficer or governmental body filling a vacancy by temporary appointment shallissue a "Certificate of Appointment" to the person filling thevacancy. The certificate shall be lawful authority to hold the office.

 

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