State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter25

CHAPTER 25 - CAMPAIGN PRACTICES

 

22-25-101. Definitions; statement of formation.

 

(a) Repealed By Laws 1998, ch. 100, 5.

 

(b) A political action committee and a candidate's campaigncommittee, except those formed under federal law, shall file a statement offormation within ten (10) days after formation. This filing is required whenany political action committee or candidate's campaign committee is formed,whether before an election to aid in the campaign or formed after an electionto defray campaign debts incurred. The chairman and treasurer of a committeeshall be separate individuals. The statement of formation shall list the name andmailing address of the committee, name and address of the committee chairmanand treasurer, date committee formed and the purpose of committee. Thestatement of formation shall be filed in those offices as provided by W.S.22-25-107.

 

22-25-102. Contribution of funds or election assistance restricted;limitation on contributions; right to communicate; civil penalty.

 

(a) Except as otherwise provided in this section, noorganization of any kind including a corporation, partnership, trade union,professional association or civic, fraternal or religious group or other profitor nonprofit entity except a political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101, directly orindirectly through any officer, member, director or employee, shall contributefunds, other items of value or election assistance to aid, promote or preventthe nomination or election of any candidate or group of candidates or to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a payment or contribution from an organizationprohibited from making contributions under this subsection.

 

(b) Except as otherwise provided in this section, only anatural person, political party, or a political action committee or acandidate's campaign committee organized under W.S. 22-25-101 shall contributefunds or election assistance in order to aid, promote or prevent the nominationor election of any candidate or group of candidates, or in order to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a political payment or contribution from any sourceother than a natural person, political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101.

 

(c) Except as otherwise provided in this section, no individualother than the candidate, or the candidate's immediate family shall contributedirectly or indirectly:

 

(i) To any candidate for political office, or to anycandidate's campaign committee:

 

(A) More than one thousand dollars ($1,000.00) per election;and

 

(B) No contribution for the general election may be given priorto the date for the primary election.

 

(ii) Total political contributions for any two (2) year periodconsisting of a general election year and the preceding calendar year, of morethan twenty-five thousand dollars ($25,000.00).

 

(d) Any organization, in the aid of theelection or defeat of candidates for public office or for the adoption ordefeat of any ballot proposition may communicate directly with its own memberson behalf of a particular candidate or political party.

 

(e) Any corporation, person or organization violating theprovisions of subsection (a), (b), (c) or (j) of this section is subject to acivil penalty up to ten thousand dollars ($10,000.00) and costs including areasonable attorney's fee. The amount of penalty imposed shall be in suchamount as will deter future actions of a similar nature. An action to impose thecivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the transgression, any political party, any county attorney, anydistrict attorney or the attorney general. Proceeds of the penalty collectedshall be paid to the state treasurer and credited as provided in W.S. 8-1-109.

 

(f) Direct contributions from anyorganization affiliated with a political party do not violate subsection (a) ofthis section. These contributions shall be a matter of internal partygovernance. Contributions to political parties are not subject to the limitsof subsection (c) of this section provided the contributions are available touse as the appropriate party authorities choose and are not exclusivelydedicated to any particular candidate. Contributions donated to a politicalparty which are designated by the donor to be used only for a particularcandidate and no other purpose are subject to the limitations of subsection (c)and of this section.

 

(g) The prohibitions in this section do not apply tocontributions of funds or other items of value to political parties for thepurpose of supporting multi-state or national political party conferences orconventions. Any contribution madepursuant to this subsection shall also comply with all applicable federalelection commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferencesor conventions shall file an itemized statement of receipts and expenditureswith the secretary of state within ten (10) days after the conference orconvention.

 

(h) No organization of any kind, as specified in subsection (a)of this section, shall solicit or obtain contributions for any of the purposesspecified in subsection (a) of this section from an individual on an automaticbasis, including but not limited to a payroll deduction plan or reversecheckoff method, unless the individual who is contributing affirmativelyconsents in writing to the contribution at least once in every calendar year. Nothing in this subsection shall be construed to authorize contributionsotherwise prohibited under this election code.

 

(j) For purposes ofsubsection (c) of this section the primary, general and special elections shallbe deemed separate elections. No candidate for political office shall accept,directly or indirectly, contributions which violate subsection (c) of thissection. Contributions to a candidate's campaign committee shall be consideredto be contributions to the candidate. Subsection (c) of this section does notlimit political contributions by political parties, nor expenditures by acandidate from his own funds nor from his candidate's campaign committee funds.

 

22-25-103. Identifiable expenses; exceptions.

 

 

(a) Identifiable expenses include:

 

(i) All forms of advertising expenses,including, but not limited to, radio, television, billboards and posters;

 

(ii) Printing expenses;

 

(iii) Expenses for retaining the services of aprofessional campaign consultant, or public relations or management firm;

 

(iv) Postage.

 

(b) Staff and postage expenses of apolitical party central committee, checking account service charges of apolitical action committee and a candidate's personal campaign expenses fortravel and meals and checking account service charges are not identifiableexpenses.

 

(c) Advertising expenses by a party centralcommittee are not identifiable expenses for the candidate if the entire slateof candidates, below the national level, is advertised by the committee eventhough all candidates are not included in each advertisement so long as theexpenses for each candidate on the slate are substantially the same in anyelection.

 

22-25-104. Restriction on party funds in primary elections.

 

Nopolitical party funds shall be expended directly or indirectly in the aid ofthe nomination of any one person as against another person of the samepolitical party running in the primary election.

 

22-25-105. Campaign reporting forms; instructions and warning.

 

(a) The secretary of state shall prescribe the forms forreporting receipts and expenditures for primary, general and special electioncampaigns, together with written instructions for completing the form and awarning that violators are subject to criminal charges and that a vacancy willexist if the forms are not completed and filed pursuant to law. Until January1, 2010, the forms along with instructions and warning shall be distributed tothe county clerk and shall be given by the county clerk to each person filing anapplication for nomination in his office and to each political action committeeand candidate's campaign committee required to file with the county clerk. Until January 1, 2010, the county clerk shall also distribute the reportingforms to the chairmen of the county party central committees.

 

(b) The secretary of state shall promulgate rules to allow theforms required pursuant to subsection (a) of this section and any other formsand reports required to be filed with him pursuant to this chapter to be filedelectronically after December 31, 2009.

 

22-25-106. Filing of campaign reports.

 

(a) Except as otherwise provided in subsection (g) of thissection and in addition to other statements required by this subsection:

 

(i) Every candidate shall file a fully itemized statement ofreceipts at least seven (7) days before any primary, general or specialelection with information required by this subsection current to any day fromthe eighth day up to the fourteenth day before the election;

 

(ii) Every candidate, whether successful or not, shall file afully itemized statement of receipts and expenditures within ten (10) daysafter any general or special election;

 

(iii) Every candidate in any primary election shall file a fullyitemized statement of receipts and expenditures within ten (10) days after theprimary election;

 

(iv) Statements under this subsection shall set forth the fulland complete record of receipts including cash, goods or services and exceptfor statements of receipts required under paragraph (i) of this subsection, ofactual and promised expenditures, including all identifiable expenses as setforth in W.S. 22-25-103. For purposes of this section, a receipt is reportablewhen it is known and in the possession of, or the service has been furnishedto, the person or organization required to submit a statement of receipts or astatement of receipts and expenditures. The date of each receipt of twenty-fivedollars ($25.00) or more, any expenditure or obligation, the name of the personfrom whom received or to whom paid and the purpose of each expenditure orobligation shall be listed. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. Receipts, expenditures andobligations itemized in a statement filed by a political action committee, acandidate's campaign committee or by a political party central committee neednot be itemized in a candidate's statement except by total with a reference tothe statement;

 

(v) Statements under this subsection shall be filed with thoseofficers as provided in W.S. 22-25-107.

 

(b) Reports of itemized statements of receipt and statements ofreceipts and expenditures, and statements of termination shall be made with theappropriate filing officers specified under W.S. 22-25-107 and in accordancewith the following:

 

(i) Except as otherwise provided in this section, any politicalaction committee, candidate's campaign committee, or any political actioncommittee formed under federal law or the law of another state that contributesto a Wyoming political action committee or to a candidate's campaign committee,and any other organization supporting or opposing any ballot proposition whichexpends any funds in any primary, general or special election shall file anitemized statement of receipts at least seven (7) days before the electioncurrent to any day from the eighth day up to the fourteenth day before theelection and shall also file a statement of receipts and expenditures withinten (10) days after a primary, general or special election;

 

(ii) A committee formed after an election to defray campaignexpenses incurred during a previous election and any political action orcandidate's campaign committee which has previously filed a statement ofreceipts and expenditures and has not filed a statement of termination shallfile an itemized statement of receipts and expenditures on December 31 of eachodd-numbered year;

 

(iii) All candidates and committees shall continue to make thereports required under this subsection until the committee terminates and thecandidate or committee files a statement of termination with the appropriatefiling officer. A statement of termination may be filed upon retirement of alldebts;

 

(iv) In addition to the reports required under paragraphs (i)through (iii) of this subsection, a political action committee formed for thesupport of or opposition to any initiative or referendum petition drive or anyorganization supporting or opposing a petition drive shall file an itemizedstatement of receipts and expenditures within ten (10) days after the petitionis submitted to the secretary of state pursuant to W.S. 22-24-115.

 

(c) All statements required by subsection (b) of this sectionshall be signed by both the chairman and treasurer. The statements shall setforth the full and complete record of receipts including cash, goods orservices and except for statements of receipts required under paragraph (i) ofthis subsection, of actual and promised expenditures. The date of each receiptof twenty-five dollars ($25.00) or more, any expenditure or obligation, thename of the person from whom received or to whom paid and the purpose of eachexpenditure or obligation shall be listed. Nothing in this subsection shall beconstrued to require the disclosure of the names of individuals paid tocirculate an initiative or referendum petition. All receipts under twenty-fivedollars ($25.00) shall be reported but need not be itemized. Should theaccumulation of receipts from an individual exceed the twenty-five dollar($25.00) threshold, all receipts from that individual shall be itemized. If thereceipts, expenditures or obligations were for more than one (1) candidate, theamounts attributable to each shall be itemized separately.

 

(d) The chairman of each political party central committee forthe state or county, or an officer of the party designated by him, shall filean itemized statement of receipts of twenty-five dollars ($25.00) or more, andany expenditures and obligations. The statement shall be filed within ten (10)days after a general or special election. The statement shall report allreceipts, expenditures and obligations relating to campaign expenses, includingnormal operating expenses. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. It shall attribute allcampaign receipts, expenses and obligations to a specific candidate only if thecampaign receipts, expenses and obligations can be specifically identified tothat specific candidate to the exclusion of other candidates on the ticket. Acopy of the statement shall be furnished to each candidate identified in thestatement within ten (10) days after the general or special election.

 

(e) Amendments to the statements required bythis section may be filed at any time. If inaccuracies are found in thestatements filed or additional receipts or expenditures occur or become knownafter the statements are filed, amendments to the original statements or additionalstatements shall be filed within a reasonable time not to exceed ninety (90)days from the time the inaccuracies or additional receipts or expendituresbecame known. Any net change less than fifty dollars ($50.00) need not bereported.

 

(f) In addition to the statement of receiptsand expenditures required by subsection (b) of this section, any politicalaction committee formed for the support of any initiative or referendumpetition drive or any organization supporting an initiative or referendum petitiondrive shall file with the secretary of state, at least thirty (30) days but nomore than forty-five (45) days before the election at which the initiative orreferendum proposition will be voted on, a statement signed by both thechairman and treasurer showing:

 

(i) The total amount expended to circulate the petition;

 

(ii) The number of persons paid to circulate the petition; and

 

(iii) Repealed By Laws 2000, Ch. 67, 2.

 

(iv) The period of time during whichsignatures on the petition were obtained.

 

(g) Candidates for federal office, campaign committees forcandidates for federal office and federal political action committees shall notbe required to file receipt and expenditure reports under this section if thecandidate or the committee is required to comply with federal election lawreporting requirements.

 

22-25-107. Where statements to be filed.

 

(a) All statements required under this chapter shall be filedas follows:

 

(i) Any candidate for a municipal, county, judicial, school orcollege board office and any political action committee or candidate's campaigncommittee supporting such a candidate and any political action committeesupporting or opposing a municipal initiative or referendum or ballotproposition within the county, shall file with the county clerk;

 

(ii) Any candidate for a state legislative ordistrict judgeship office and any political action committee or candidate'scampaign committee supporting or opposing such a candidate, shall file with thesecretary of state;

 

(iii) Any candidate for statewide office shallfile with the secretary of state;

 

(iv) A county party central committee shall file with thesecretary of state;

 

(v) A state party central committee shallfile with the secretary of state;

 

(vi) Precinct committeemen and precinctcommitteewomen elected at the primary election shall not be required to file astatement of receipts and expenditures;

 

(vii) Any political action committee ororganization supporting or opposing any statewide initiative or referendumpetition drive, any statewide ballot proposition or any candidate for statewideoffice shall file statements required by this section with the secretary ofstate.

 

(b) Until December 31, 2009, statements required to be filed atleast seven (7) days before any primary, general or special election may befiled by facsimile transmission without the original signatures. UntilDecember 31, 2009, statements required to be filed after any primary, generalor special election may be filed by facsimile transmission provided that anoriginal with the required signatures is sent. After December 31, 2009, allstatements filed with the secretary of state shall be filed electronically.

 

(c) Any statement required under this chapter to be filed with:

 

(i) The secretary of state, shall be filed electronically asprovided under W.S. 9-2-2501 if the secretary of state has adopted rules whichallow for the electronic filing;

 

(ii) A county clerk, may be filed electronically if the board ofcounty commissioners has adopted rules consistent with the requirements of W.S.9-2-2501 which allow for electronic filing.

 

(d) Whenever "county clerk" is used in this chapter,it means the county clerk of the county in which the person resides.

 

(e) After December 31, 2009, the secretary of state shallmaintain a searchable database of reports filed pursuant to this chapteravailable to the public on or through the Internet, the World Wide Web or asimilar proprietary or common carrier electronic system. The secretary of stateshall be responsible for the provision of training and instruction for filerson how to access and use the campaign finance electronic filing system. Thetraining shall be for the purpose of educating filers about use of the system,and is not intended to assist filers with filing their reports.

 

22-25-108. Failure of candidate or committee to file statement.

 

(a) Candidates shall be given notice prior to an election thatfailure to file, within the time required, a full and complete itemized statementof receipts and a statement of receipts and expenditures shall subject thecandidate to civil penalties as provided in subsection (e) of this section.

 

(b) A candidate who fails to file the statement of receiptsrequired by the seventh day before the election shall have his name printed ona list drafted by the appropriate filing office specified under W.S.22-25-107. The list shall immediately be posted in the filing office and madeavailable to the public.

 

(c) In addition to any other penalty provided by law, acandidate who fails to file the statement required by W.S. 22-25-106 withinthirty (30) days of the report due date is ineligible to run as a candidate forany state or local office for which a statement is required by W.S. 22-25-106until:

 

(i) Five (5) years have elapsed from the date the statement wasfirst due; or

 

(ii) The person has filed the required statement.

 

(d) Each political action committee shall be given notice priorto an election that failure to file the statement may result in the filing ofcriminal charges against the committee's officers responsible for the filing.Any officer of a political action committee who is responsible for filing areport and who knowingly and willfully fails to file a report as required orwho knowingly and willfully subscribes to, makes or causes to be made a falsereport is guilty of a felony punishable by imprisonment not to exceed two (2)years.

 

(e) Any candidate failing to file the reports required by W.S.22-25-106 within the times required by that section is subject to a civilpenalty and costs, including reasonable attorney's fees not to exceed fivehundred dollars ($500.00), as hereinafter provided. An action to impose acivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the violation, any political party, any district attorney or theattorney general. No filing fee shall be charged for the filing of an actionunder this subsection nor shall a fee be charged for service of process. Civilpenalties shall be paid to the clerk of court for deposit to the public schoolfund of the county in which the fine was assessed. The civil penalty imposedunder this subsection shall be not more than one thousand dollars ($1,000.00).

 

22-25-109. Reporting candidates in violation.

 

The secretary of state and the county clerks shall reportthe names of all candidates in violation of the Election Code of the state ofWyoming to the attorney general or to the district attorney, respectively, forappropriate action.

 

22-25-110. Campaign advertising in communications media.

 

(a) It is unlawful for a candidate, political action committee,organization, candidate's campaign committee, or any political party centralcommittee to pay for campaign literature or campaign advertising in anycommunication medium without printing or announcing the candidate, organizationor committee sponsoring the campaign advertising or campaign literature. Thecommunications media in using the campaign advertising shall print or announce thename of the candidate, organization or committee paying for the advertising.

 

(b) For purposes of this section,"campaign literature" does not include small campaign items such astickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloonsand yard signs displaying the name of the candidate or office sought.

 

22-25-111. Repealed by Laws 1980, ch. 31, 1.

 

 

22-25-112. Campaign advertising rates.

 

Ratescharged for political campaign advertising shall not be higher than ratescharged for local advertising of the same quality and quantity.

 

22-25-113. Repealed By Laws 1998, ch. 100, 5.

 

22-25-114. Repealed by Laws 1991, ch. 243, 5.

 

 

22-25-115. Written campaign advertising; prohibiting placement onpublic property; exception.

 

Exceptas provided herein, written campaign advertising shall not be placed on orattached to any real or personal property of the state or its politicalsubdivisions. This prohibition shall not apply to fairgrounds of the Wyomingstate fair or of any county fair organized under the laws of this state. TheUniversity of Wyoming, any community college and school district may permitsuch advertising subject to regulation by their governing board as to time,place and manner. Any rules and regulations adopted shall provide for equalaccess to opposing political views. Subject to the approval of the landownerand any rules and regulations adopted by a municipality, campaign materials maybe placed on municipal street rights-of-way. The department of transportationshall allow campaign materials to be placed on a state right-of-way within amunicipality to the same extent which the municipality allows campaignmaterials to be placed on municipal street rights-of-way. Nothing in thissection shall apply to any interstate highway.

 

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter25

CHAPTER 25 - CAMPAIGN PRACTICES

 

22-25-101. Definitions; statement of formation.

 

(a) Repealed By Laws 1998, ch. 100, 5.

 

(b) A political action committee and a candidate's campaigncommittee, except those formed under federal law, shall file a statement offormation within ten (10) days after formation. This filing is required whenany political action committee or candidate's campaign committee is formed,whether before an election to aid in the campaign or formed after an electionto defray campaign debts incurred. The chairman and treasurer of a committeeshall be separate individuals. The statement of formation shall list the name andmailing address of the committee, name and address of the committee chairmanand treasurer, date committee formed and the purpose of committee. Thestatement of formation shall be filed in those offices as provided by W.S.22-25-107.

 

22-25-102. Contribution of funds or election assistance restricted;limitation on contributions; right to communicate; civil penalty.

 

(a) Except as otherwise provided in this section, noorganization of any kind including a corporation, partnership, trade union,professional association or civic, fraternal or religious group or other profitor nonprofit entity except a political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101, directly orindirectly through any officer, member, director or employee, shall contributefunds, other items of value or election assistance to aid, promote or preventthe nomination or election of any candidate or group of candidates or to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a payment or contribution from an organizationprohibited from making contributions under this subsection.

 

(b) Except as otherwise provided in this section, only anatural person, political party, or a political action committee or acandidate's campaign committee organized under W.S. 22-25-101 shall contributefunds or election assistance in order to aid, promote or prevent the nominationor election of any candidate or group of candidates, or in order to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a political payment or contribution from any sourceother than a natural person, political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101.

 

(c) Except as otherwise provided in this section, no individualother than the candidate, or the candidate's immediate family shall contributedirectly or indirectly:

 

(i) To any candidate for political office, or to anycandidate's campaign committee:

 

(A) More than one thousand dollars ($1,000.00) per election;and

 

(B) No contribution for the general election may be given priorto the date for the primary election.

 

(ii) Total political contributions for any two (2) year periodconsisting of a general election year and the preceding calendar year, of morethan twenty-five thousand dollars ($25,000.00).

 

(d) Any organization, in the aid of theelection or defeat of candidates for public office or for the adoption ordefeat of any ballot proposition may communicate directly with its own memberson behalf of a particular candidate or political party.

 

(e) Any corporation, person or organization violating theprovisions of subsection (a), (b), (c) or (j) of this section is subject to acivil penalty up to ten thousand dollars ($10,000.00) and costs including areasonable attorney's fee. The amount of penalty imposed shall be in suchamount as will deter future actions of a similar nature. An action to impose thecivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the transgression, any political party, any county attorney, anydistrict attorney or the attorney general. Proceeds of the penalty collectedshall be paid to the state treasurer and credited as provided in W.S. 8-1-109.

 

(f) Direct contributions from anyorganization affiliated with a political party do not violate subsection (a) ofthis section. These contributions shall be a matter of internal partygovernance. Contributions to political parties are not subject to the limitsof subsection (c) of this section provided the contributions are available touse as the appropriate party authorities choose and are not exclusivelydedicated to any particular candidate. Contributions donated to a politicalparty which are designated by the donor to be used only for a particularcandidate and no other purpose are subject to the limitations of subsection (c)and of this section.

 

(g) The prohibitions in this section do not apply tocontributions of funds or other items of value to political parties for thepurpose of supporting multi-state or national political party conferences orconventions. Any contribution madepursuant to this subsection shall also comply with all applicable federalelection commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferencesor conventions shall file an itemized statement of receipts and expenditureswith the secretary of state within ten (10) days after the conference orconvention.

 

(h) No organization of any kind, as specified in subsection (a)of this section, shall solicit or obtain contributions for any of the purposesspecified in subsection (a) of this section from an individual on an automaticbasis, including but not limited to a payroll deduction plan or reversecheckoff method, unless the individual who is contributing affirmativelyconsents in writing to the contribution at least once in every calendar year. Nothing in this subsection shall be construed to authorize contributionsotherwise prohibited under this election code.

 

(j) For purposes ofsubsection (c) of this section the primary, general and special elections shallbe deemed separate elections. No candidate for political office shall accept,directly or indirectly, contributions which violate subsection (c) of thissection. Contributions to a candidate's campaign committee shall be consideredto be contributions to the candidate. Subsection (c) of this section does notlimit political contributions by political parties, nor expenditures by acandidate from his own funds nor from his candidate's campaign committee funds.

 

22-25-103. Identifiable expenses; exceptions.

 

 

(a) Identifiable expenses include:

 

(i) All forms of advertising expenses,including, but not limited to, radio, television, billboards and posters;

 

(ii) Printing expenses;

 

(iii) Expenses for retaining the services of aprofessional campaign consultant, or public relations or management firm;

 

(iv) Postage.

 

(b) Staff and postage expenses of apolitical party central committee, checking account service charges of apolitical action committee and a candidate's personal campaign expenses fortravel and meals and checking account service charges are not identifiableexpenses.

 

(c) Advertising expenses by a party centralcommittee are not identifiable expenses for the candidate if the entire slateof candidates, below the national level, is advertised by the committee eventhough all candidates are not included in each advertisement so long as theexpenses for each candidate on the slate are substantially the same in anyelection.

 

22-25-104. Restriction on party funds in primary elections.

 

Nopolitical party funds shall be expended directly or indirectly in the aid ofthe nomination of any one person as against another person of the samepolitical party running in the primary election.

 

22-25-105. Campaign reporting forms; instructions and warning.

 

(a) The secretary of state shall prescribe the forms forreporting receipts and expenditures for primary, general and special electioncampaigns, together with written instructions for completing the form and awarning that violators are subject to criminal charges and that a vacancy willexist if the forms are not completed and filed pursuant to law. Until January1, 2010, the forms along with instructions and warning shall be distributed tothe county clerk and shall be given by the county clerk to each person filing anapplication for nomination in his office and to each political action committeeand candidate's campaign committee required to file with the county clerk. Until January 1, 2010, the county clerk shall also distribute the reportingforms to the chairmen of the county party central committees.

 

(b) The secretary of state shall promulgate rules to allow theforms required pursuant to subsection (a) of this section and any other formsand reports required to be filed with him pursuant to this chapter to be filedelectronically after December 31, 2009.

 

22-25-106. Filing of campaign reports.

 

(a) Except as otherwise provided in subsection (g) of thissection and in addition to other statements required by this subsection:

 

(i) Every candidate shall file a fully itemized statement ofreceipts at least seven (7) days before any primary, general or specialelection with information required by this subsection current to any day fromthe eighth day up to the fourteenth day before the election;

 

(ii) Every candidate, whether successful or not, shall file afully itemized statement of receipts and expenditures within ten (10) daysafter any general or special election;

 

(iii) Every candidate in any primary election shall file a fullyitemized statement of receipts and expenditures within ten (10) days after theprimary election;

 

(iv) Statements under this subsection shall set forth the fulland complete record of receipts including cash, goods or services and exceptfor statements of receipts required under paragraph (i) of this subsection, ofactual and promised expenditures, including all identifiable expenses as setforth in W.S. 22-25-103. For purposes of this section, a receipt is reportablewhen it is known and in the possession of, or the service has been furnishedto, the person or organization required to submit a statement of receipts or astatement of receipts and expenditures. The date of each receipt of twenty-fivedollars ($25.00) or more, any expenditure or obligation, the name of the personfrom whom received or to whom paid and the purpose of each expenditure orobligation shall be listed. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. Receipts, expenditures andobligations itemized in a statement filed by a political action committee, acandidate's campaign committee or by a political party central committee neednot be itemized in a candidate's statement except by total with a reference tothe statement;

 

(v) Statements under this subsection shall be filed with thoseofficers as provided in W.S. 22-25-107.

 

(b) Reports of itemized statements of receipt and statements ofreceipts and expenditures, and statements of termination shall be made with theappropriate filing officers specified under W.S. 22-25-107 and in accordancewith the following:

 

(i) Except as otherwise provided in this section, any politicalaction committee, candidate's campaign committee, or any political actioncommittee formed under federal law or the law of another state that contributesto a Wyoming political action committee or to a candidate's campaign committee,and any other organization supporting or opposing any ballot proposition whichexpends any funds in any primary, general or special election shall file anitemized statement of receipts at least seven (7) days before the electioncurrent to any day from the eighth day up to the fourteenth day before theelection and shall also file a statement of receipts and expenditures withinten (10) days after a primary, general or special election;

 

(ii) A committee formed after an election to defray campaignexpenses incurred during a previous election and any political action orcandidate's campaign committee which has previously filed a statement ofreceipts and expenditures and has not filed a statement of termination shallfile an itemized statement of receipts and expenditures on December 31 of eachodd-numbered year;

 

(iii) All candidates and committees shall continue to make thereports required under this subsection until the committee terminates and thecandidate or committee files a statement of termination with the appropriatefiling officer. A statement of termination may be filed upon retirement of alldebts;

 

(iv) In addition to the reports required under paragraphs (i)through (iii) of this subsection, a political action committee formed for thesupport of or opposition to any initiative or referendum petition drive or anyorganization supporting or opposing a petition drive shall file an itemizedstatement of receipts and expenditures within ten (10) days after the petitionis submitted to the secretary of state pursuant to W.S. 22-24-115.

 

(c) All statements required by subsection (b) of this sectionshall be signed by both the chairman and treasurer. The statements shall setforth the full and complete record of receipts including cash, goods orservices and except for statements of receipts required under paragraph (i) ofthis subsection, of actual and promised expenditures. The date of each receiptof twenty-five dollars ($25.00) or more, any expenditure or obligation, thename of the person from whom received or to whom paid and the purpose of eachexpenditure or obligation shall be listed. Nothing in this subsection shall beconstrued to require the disclosure of the names of individuals paid tocirculate an initiative or referendum petition. All receipts under twenty-fivedollars ($25.00) shall be reported but need not be itemized. Should theaccumulation of receipts from an individual exceed the twenty-five dollar($25.00) threshold, all receipts from that individual shall be itemized. If thereceipts, expenditures or obligations were for more than one (1) candidate, theamounts attributable to each shall be itemized separately.

 

(d) The chairman of each political party central committee forthe state or county, or an officer of the party designated by him, shall filean itemized statement of receipts of twenty-five dollars ($25.00) or more, andany expenditures and obligations. The statement shall be filed within ten (10)days after a general or special election. The statement shall report allreceipts, expenditures and obligations relating to campaign expenses, includingnormal operating expenses. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. It shall attribute allcampaign receipts, expenses and obligations to a specific candidate only if thecampaign receipts, expenses and obligations can be specifically identified tothat specific candidate to the exclusion of other candidates on the ticket. Acopy of the statement shall be furnished to each candidate identified in thestatement within ten (10) days after the general or special election.

 

(e) Amendments to the statements required bythis section may be filed at any time. If inaccuracies are found in thestatements filed or additional receipts or expenditures occur or become knownafter the statements are filed, amendments to the original statements or additionalstatements shall be filed within a reasonable time not to exceed ninety (90)days from the time the inaccuracies or additional receipts or expendituresbecame known. Any net change less than fifty dollars ($50.00) need not bereported.

 

(f) In addition to the statement of receiptsand expenditures required by subsection (b) of this section, any politicalaction committee formed for the support of any initiative or referendumpetition drive or any organization supporting an initiative or referendum petitiondrive shall file with the secretary of state, at least thirty (30) days but nomore than forty-five (45) days before the election at which the initiative orreferendum proposition will be voted on, a statement signed by both thechairman and treasurer showing:

 

(i) The total amount expended to circulate the petition;

 

(ii) The number of persons paid to circulate the petition; and

 

(iii) Repealed By Laws 2000, Ch. 67, 2.

 

(iv) The period of time during whichsignatures on the petition were obtained.

 

(g) Candidates for federal office, campaign committees forcandidates for federal office and federal political action committees shall notbe required to file receipt and expenditure reports under this section if thecandidate or the committee is required to comply with federal election lawreporting requirements.

 

22-25-107. Where statements to be filed.

 

(a) All statements required under this chapter shall be filedas follows:

 

(i) Any candidate for a municipal, county, judicial, school orcollege board office and any political action committee or candidate's campaigncommittee supporting such a candidate and any political action committeesupporting or opposing a municipal initiative or referendum or ballotproposition within the county, shall file with the county clerk;

 

(ii) Any candidate for a state legislative ordistrict judgeship office and any political action committee or candidate'scampaign committee supporting or opposing such a candidate, shall file with thesecretary of state;

 

(iii) Any candidate for statewide office shallfile with the secretary of state;

 

(iv) A county party central committee shall file with thesecretary of state;

 

(v) A state party central committee shallfile with the secretary of state;

 

(vi) Precinct committeemen and precinctcommitteewomen elected at the primary election shall not be required to file astatement of receipts and expenditures;

 

(vii) Any political action committee ororganization supporting or opposing any statewide initiative or referendumpetition drive, any statewide ballot proposition or any candidate for statewideoffice shall file statements required by this section with the secretary ofstate.

 

(b) Until December 31, 2009, statements required to be filed atleast seven (7) days before any primary, general or special election may befiled by facsimile transmission without the original signatures. UntilDecember 31, 2009, statements required to be filed after any primary, generalor special election may be filed by facsimile transmission provided that anoriginal with the required signatures is sent. After December 31, 2009, allstatements filed with the secretary of state shall be filed electronically.

 

(c) Any statement required under this chapter to be filed with:

 

(i) The secretary of state, shall be filed electronically asprovided under W.S. 9-2-2501 if the secretary of state has adopted rules whichallow for the electronic filing;

 

(ii) A county clerk, may be filed electronically if the board ofcounty commissioners has adopted rules consistent with the requirements of W.S.9-2-2501 which allow for electronic filing.

 

(d) Whenever "county clerk" is used in this chapter,it means the county clerk of the county in which the person resides.

 

(e) After December 31, 2009, the secretary of state shallmaintain a searchable database of reports filed pursuant to this chapteravailable to the public on or through the Internet, the World Wide Web or asimilar proprietary or common carrier electronic system. The secretary of stateshall be responsible for the provision of training and instruction for filerson how to access and use the campaign finance electronic filing system. Thetraining shall be for the purpose of educating filers about use of the system,and is not intended to assist filers with filing their reports.

 

22-25-108. Failure of candidate or committee to file statement.

 

(a) Candidates shall be given notice prior to an election thatfailure to file, within the time required, a full and complete itemized statementof receipts and a statement of receipts and expenditures shall subject thecandidate to civil penalties as provided in subsection (e) of this section.

 

(b) A candidate who fails to file the statement of receiptsrequired by the seventh day before the election shall have his name printed ona list drafted by the appropriate filing office specified under W.S.22-25-107. The list shall immediately be posted in the filing office and madeavailable to the public.

 

(c) In addition to any other penalty provided by law, acandidate who fails to file the statement required by W.S. 22-25-106 withinthirty (30) days of the report due date is ineligible to run as a candidate forany state or local office for which a statement is required by W.S. 22-25-106until:

 

(i) Five (5) years have elapsed from the date the statement wasfirst due; or

 

(ii) The person has filed the required statement.

 

(d) Each political action committee shall be given notice priorto an election that failure to file the statement may result in the filing ofcriminal charges against the committee's officers responsible for the filing.Any officer of a political action committee who is responsible for filing areport and who knowingly and willfully fails to file a report as required orwho knowingly and willfully subscribes to, makes or causes to be made a falsereport is guilty of a felony punishable by imprisonment not to exceed two (2)years.

 

(e) Any candidate failing to file the reports required by W.S.22-25-106 within the times required by that section is subject to a civilpenalty and costs, including reasonable attorney's fees not to exceed fivehundred dollars ($500.00), as hereinafter provided. An action to impose acivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the violation, any political party, any district attorney or theattorney general. No filing fee shall be charged for the filing of an actionunder this subsection nor shall a fee be charged for service of process. Civilpenalties shall be paid to the clerk of court for deposit to the public schoolfund of the county in which the fine was assessed. The civil penalty imposedunder this subsection shall be not more than one thousand dollars ($1,000.00).

 

22-25-109. Reporting candidates in violation.

 

The secretary of state and the county clerks shall reportthe names of all candidates in violation of the Election Code of the state ofWyoming to the attorney general or to the district attorney, respectively, forappropriate action.

 

22-25-110. Campaign advertising in communications media.

 

(a) It is unlawful for a candidate, political action committee,organization, candidate's campaign committee, or any political party centralcommittee to pay for campaign literature or campaign advertising in anycommunication medium without printing or announcing the candidate, organizationor committee sponsoring the campaign advertising or campaign literature. Thecommunications media in using the campaign advertising shall print or announce thename of the candidate, organization or committee paying for the advertising.

 

(b) For purposes of this section,"campaign literature" does not include small campaign items such astickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloonsand yard signs displaying the name of the candidate or office sought.

 

22-25-111. Repealed by Laws 1980, ch. 31, 1.

 

 

22-25-112. Campaign advertising rates.

 

Ratescharged for political campaign advertising shall not be higher than ratescharged for local advertising of the same quality and quantity.

 

22-25-113. Repealed By Laws 1998, ch. 100, 5.

 

22-25-114. Repealed by Laws 1991, ch. 243, 5.

 

 

22-25-115. Written campaign advertising; prohibiting placement onpublic property; exception.

 

Exceptas provided herein, written campaign advertising shall not be placed on orattached to any real or personal property of the state or its politicalsubdivisions. This prohibition shall not apply to fairgrounds of the Wyomingstate fair or of any county fair organized under the laws of this state. TheUniversity of Wyoming, any community college and school district may permitsuch advertising subject to regulation by their governing board as to time,place and manner. Any rules and regulations adopted shall provide for equalaccess to opposing political views. Subject to the approval of the landownerand any rules and regulations adopted by a municipality, campaign materials maybe placed on municipal street rights-of-way. The department of transportationshall allow campaign materials to be placed on a state right-of-way within amunicipality to the same extent which the municipality allows campaignmaterials to be placed on municipal street rights-of-way. Nothing in thissection shall apply to any interstate highway.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter25

CHAPTER 25 - CAMPAIGN PRACTICES

 

22-25-101. Definitions; statement of formation.

 

(a) Repealed By Laws 1998, ch. 100, 5.

 

(b) A political action committee and a candidate's campaigncommittee, except those formed under federal law, shall file a statement offormation within ten (10) days after formation. This filing is required whenany political action committee or candidate's campaign committee is formed,whether before an election to aid in the campaign or formed after an electionto defray campaign debts incurred. The chairman and treasurer of a committeeshall be separate individuals. The statement of formation shall list the name andmailing address of the committee, name and address of the committee chairmanand treasurer, date committee formed and the purpose of committee. Thestatement of formation shall be filed in those offices as provided by W.S.22-25-107.

 

22-25-102. Contribution of funds or election assistance restricted;limitation on contributions; right to communicate; civil penalty.

 

(a) Except as otherwise provided in this section, noorganization of any kind including a corporation, partnership, trade union,professional association or civic, fraternal or religious group or other profitor nonprofit entity except a political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101, directly orindirectly through any officer, member, director or employee, shall contributefunds, other items of value or election assistance to aid, promote or preventthe nomination or election of any candidate or group of candidates or to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a payment or contribution from an organizationprohibited from making contributions under this subsection.

 

(b) Except as otherwise provided in this section, only anatural person, political party, or a political action committee or acandidate's campaign committee organized under W.S. 22-25-101 shall contributefunds or election assistance in order to aid, promote or prevent the nominationor election of any candidate or group of candidates, or in order to aid orpromote the interests, success or defeat of any political party. No personshall solicit or receive a political payment or contribution from any sourceother than a natural person, political party, political action committee orcandidate's campaign committee organized under W.S. 22-25-101.

 

(c) Except as otherwise provided in this section, no individualother than the candidate, or the candidate's immediate family shall contributedirectly or indirectly:

 

(i) To any candidate for political office, or to anycandidate's campaign committee:

 

(A) More than one thousand dollars ($1,000.00) per election;and

 

(B) No contribution for the general election may be given priorto the date for the primary election.

 

(ii) Total political contributions for any two (2) year periodconsisting of a general election year and the preceding calendar year, of morethan twenty-five thousand dollars ($25,000.00).

 

(d) Any organization, in the aid of theelection or defeat of candidates for public office or for the adoption ordefeat of any ballot proposition may communicate directly with its own memberson behalf of a particular candidate or political party.

 

(e) Any corporation, person or organization violating theprovisions of subsection (a), (b), (c) or (j) of this section is subject to acivil penalty up to ten thousand dollars ($10,000.00) and costs including areasonable attorney's fee. The amount of penalty imposed shall be in suchamount as will deter future actions of a similar nature. An action to impose thecivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the transgression, any political party, any county attorney, anydistrict attorney or the attorney general. Proceeds of the penalty collectedshall be paid to the state treasurer and credited as provided in W.S. 8-1-109.

 

(f) Direct contributions from anyorganization affiliated with a political party do not violate subsection (a) ofthis section. These contributions shall be a matter of internal partygovernance. Contributions to political parties are not subject to the limitsof subsection (c) of this section provided the contributions are available touse as the appropriate party authorities choose and are not exclusivelydedicated to any particular candidate. Contributions donated to a politicalparty which are designated by the donor to be used only for a particularcandidate and no other purpose are subject to the limitations of subsection (c)and of this section.

 

(g) The prohibitions in this section do not apply tocontributions of funds or other items of value to political parties for thepurpose of supporting multi-state or national political party conferences orconventions. Any contribution madepursuant to this subsection shall also comply with all applicable federalelection commission regulations governing contributions to political parties. Any political party which receives funds to sponsor such conferencesor conventions shall file an itemized statement of receipts and expenditureswith the secretary of state within ten (10) days after the conference orconvention.

 

(h) No organization of any kind, as specified in subsection (a)of this section, shall solicit or obtain contributions for any of the purposesspecified in subsection (a) of this section from an individual on an automaticbasis, including but not limited to a payroll deduction plan or reversecheckoff method, unless the individual who is contributing affirmativelyconsents in writing to the contribution at least once in every calendar year. Nothing in this subsection shall be construed to authorize contributionsotherwise prohibited under this election code.

 

(j) For purposes ofsubsection (c) of this section the primary, general and special elections shallbe deemed separate elections. No candidate for political office shall accept,directly or indirectly, contributions which violate subsection (c) of thissection. Contributions to a candidate's campaign committee shall be consideredto be contributions to the candidate. Subsection (c) of this section does notlimit political contributions by political parties, nor expenditures by acandidate from his own funds nor from his candidate's campaign committee funds.

 

22-25-103. Identifiable expenses; exceptions.

 

 

(a) Identifiable expenses include:

 

(i) All forms of advertising expenses,including, but not limited to, radio, television, billboards and posters;

 

(ii) Printing expenses;

 

(iii) Expenses for retaining the services of aprofessional campaign consultant, or public relations or management firm;

 

(iv) Postage.

 

(b) Staff and postage expenses of apolitical party central committee, checking account service charges of apolitical action committee and a candidate's personal campaign expenses fortravel and meals and checking account service charges are not identifiableexpenses.

 

(c) Advertising expenses by a party centralcommittee are not identifiable expenses for the candidate if the entire slateof candidates, below the national level, is advertised by the committee eventhough all candidates are not included in each advertisement so long as theexpenses for each candidate on the slate are substantially the same in anyelection.

 

22-25-104. Restriction on party funds in primary elections.

 

Nopolitical party funds shall be expended directly or indirectly in the aid ofthe nomination of any one person as against another person of the samepolitical party running in the primary election.

 

22-25-105. Campaign reporting forms; instructions and warning.

 

(a) The secretary of state shall prescribe the forms forreporting receipts and expenditures for primary, general and special electioncampaigns, together with written instructions for completing the form and awarning that violators are subject to criminal charges and that a vacancy willexist if the forms are not completed and filed pursuant to law. Until January1, 2010, the forms along with instructions and warning shall be distributed tothe county clerk and shall be given by the county clerk to each person filing anapplication for nomination in his office and to each political action committeeand candidate's campaign committee required to file with the county clerk. Until January 1, 2010, the county clerk shall also distribute the reportingforms to the chairmen of the county party central committees.

 

(b) The secretary of state shall promulgate rules to allow theforms required pursuant to subsection (a) of this section and any other formsand reports required to be filed with him pursuant to this chapter to be filedelectronically after December 31, 2009.

 

22-25-106. Filing of campaign reports.

 

(a) Except as otherwise provided in subsection (g) of thissection and in addition to other statements required by this subsection:

 

(i) Every candidate shall file a fully itemized statement ofreceipts at least seven (7) days before any primary, general or specialelection with information required by this subsection current to any day fromthe eighth day up to the fourteenth day before the election;

 

(ii) Every candidate, whether successful or not, shall file afully itemized statement of receipts and expenditures within ten (10) daysafter any general or special election;

 

(iii) Every candidate in any primary election shall file a fullyitemized statement of receipts and expenditures within ten (10) days after theprimary election;

 

(iv) Statements under this subsection shall set forth the fulland complete record of receipts including cash, goods or services and exceptfor statements of receipts required under paragraph (i) of this subsection, ofactual and promised expenditures, including all identifiable expenses as setforth in W.S. 22-25-103. For purposes of this section, a receipt is reportablewhen it is known and in the possession of, or the service has been furnishedto, the person or organization required to submit a statement of receipts or astatement of receipts and expenditures. The date of each receipt of twenty-fivedollars ($25.00) or more, any expenditure or obligation, the name of the personfrom whom received or to whom paid and the purpose of each expenditure orobligation shall be listed. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. Receipts, expenditures andobligations itemized in a statement filed by a political action committee, acandidate's campaign committee or by a political party central committee neednot be itemized in a candidate's statement except by total with a reference tothe statement;

 

(v) Statements under this subsection shall be filed with thoseofficers as provided in W.S. 22-25-107.

 

(b) Reports of itemized statements of receipt and statements ofreceipts and expenditures, and statements of termination shall be made with theappropriate filing officers specified under W.S. 22-25-107 and in accordancewith the following:

 

(i) Except as otherwise provided in this section, any politicalaction committee, candidate's campaign committee, or any political actioncommittee formed under federal law or the law of another state that contributesto a Wyoming political action committee or to a candidate's campaign committee,and any other organization supporting or opposing any ballot proposition whichexpends any funds in any primary, general or special election shall file anitemized statement of receipts at least seven (7) days before the electioncurrent to any day from the eighth day up to the fourteenth day before theelection and shall also file a statement of receipts and expenditures withinten (10) days after a primary, general or special election;

 

(ii) A committee formed after an election to defray campaignexpenses incurred during a previous election and any political action orcandidate's campaign committee which has previously filed a statement ofreceipts and expenditures and has not filed a statement of termination shallfile an itemized statement of receipts and expenditures on December 31 of eachodd-numbered year;

 

(iii) All candidates and committees shall continue to make thereports required under this subsection until the committee terminates and thecandidate or committee files a statement of termination with the appropriatefiling officer. A statement of termination may be filed upon retirement of alldebts;

 

(iv) In addition to the reports required under paragraphs (i)through (iii) of this subsection, a political action committee formed for thesupport of or opposition to any initiative or referendum petition drive or anyorganization supporting or opposing a petition drive shall file an itemizedstatement of receipts and expenditures within ten (10) days after the petitionis submitted to the secretary of state pursuant to W.S. 22-24-115.

 

(c) All statements required by subsection (b) of this sectionshall be signed by both the chairman and treasurer. The statements shall setforth the full and complete record of receipts including cash, goods orservices and except for statements of receipts required under paragraph (i) ofthis subsection, of actual and promised expenditures. The date of each receiptof twenty-five dollars ($25.00) or more, any expenditure or obligation, thename of the person from whom received or to whom paid and the purpose of eachexpenditure or obligation shall be listed. Nothing in this subsection shall beconstrued to require the disclosure of the names of individuals paid tocirculate an initiative or referendum petition. All receipts under twenty-fivedollars ($25.00) shall be reported but need not be itemized. Should theaccumulation of receipts from an individual exceed the twenty-five dollar($25.00) threshold, all receipts from that individual shall be itemized. If thereceipts, expenditures or obligations were for more than one (1) candidate, theamounts attributable to each shall be itemized separately.

 

(d) The chairman of each political party central committee forthe state or county, or an officer of the party designated by him, shall filean itemized statement of receipts of twenty-five dollars ($25.00) or more, andany expenditures and obligations. The statement shall be filed within ten (10)days after a general or special election. The statement shall report allreceipts, expenditures and obligations relating to campaign expenses, includingnormal operating expenses. All receipts under twenty-five dollars ($25.00)shall be reported but need not be itemized. Should the accumulation of receiptsfrom an individual exceed the twenty-five dollar ($25.00) threshold, allreceipts from that individual shall be itemized. It shall attribute allcampaign receipts, expenses and obligations to a specific candidate only if thecampaign receipts, expenses and obligations can be specifically identified tothat specific candidate to the exclusion of other candidates on the ticket. Acopy of the statement shall be furnished to each candidate identified in thestatement within ten (10) days after the general or special election.

 

(e) Amendments to the statements required bythis section may be filed at any time. If inaccuracies are found in thestatements filed or additional receipts or expenditures occur or become knownafter the statements are filed, amendments to the original statements or additionalstatements shall be filed within a reasonable time not to exceed ninety (90)days from the time the inaccuracies or additional receipts or expendituresbecame known. Any net change less than fifty dollars ($50.00) need not bereported.

 

(f) In addition to the statement of receiptsand expenditures required by subsection (b) of this section, any politicalaction committee formed for the support of any initiative or referendumpetition drive or any organization supporting an initiative or referendum petitiondrive shall file with the secretary of state, at least thirty (30) days but nomore than forty-five (45) days before the election at which the initiative orreferendum proposition will be voted on, a statement signed by both thechairman and treasurer showing:

 

(i) The total amount expended to circulate the petition;

 

(ii) The number of persons paid to circulate the petition; and

 

(iii) Repealed By Laws 2000, Ch. 67, 2.

 

(iv) The period of time during whichsignatures on the petition were obtained.

 

(g) Candidates for federal office, campaign committees forcandidates for federal office and federal political action committees shall notbe required to file receipt and expenditure reports under this section if thecandidate or the committee is required to comply with federal election lawreporting requirements.

 

22-25-107. Where statements to be filed.

 

(a) All statements required under this chapter shall be filedas follows:

 

(i) Any candidate for a municipal, county, judicial, school orcollege board office and any political action committee or candidate's campaigncommittee supporting such a candidate and any political action committeesupporting or opposing a municipal initiative or referendum or ballotproposition within the county, shall file with the county clerk;

 

(ii) Any candidate for a state legislative ordistrict judgeship office and any political action committee or candidate'scampaign committee supporting or opposing such a candidate, shall file with thesecretary of state;

 

(iii) Any candidate for statewide office shallfile with the secretary of state;

 

(iv) A county party central committee shall file with thesecretary of state;

 

(v) A state party central committee shallfile with the secretary of state;

 

(vi) Precinct committeemen and precinctcommitteewomen elected at the primary election shall not be required to file astatement of receipts and expenditures;

 

(vii) Any political action committee ororganization supporting or opposing any statewide initiative or referendumpetition drive, any statewide ballot proposition or any candidate for statewideoffice shall file statements required by this section with the secretary ofstate.

 

(b) Until December 31, 2009, statements required to be filed atleast seven (7) days before any primary, general or special election may befiled by facsimile transmission without the original signatures. UntilDecember 31, 2009, statements required to be filed after any primary, generalor special election may be filed by facsimile transmission provided that anoriginal with the required signatures is sent. After December 31, 2009, allstatements filed with the secretary of state shall be filed electronically.

 

(c) Any statement required under this chapter to be filed with:

 

(i) The secretary of state, shall be filed electronically asprovided under W.S. 9-2-2501 if the secretary of state has adopted rules whichallow for the electronic filing;

 

(ii) A county clerk, may be filed electronically if the board ofcounty commissioners has adopted rules consistent with the requirements of W.S.9-2-2501 which allow for electronic filing.

 

(d) Whenever "county clerk" is used in this chapter,it means the county clerk of the county in which the person resides.

 

(e) After December 31, 2009, the secretary of state shallmaintain a searchable database of reports filed pursuant to this chapteravailable to the public on or through the Internet, the World Wide Web or asimilar proprietary or common carrier electronic system. The secretary of stateshall be responsible for the provision of training and instruction for filerson how to access and use the campaign finance electronic filing system. Thetraining shall be for the purpose of educating filers about use of the system,and is not intended to assist filers with filing their reports.

 

22-25-108. Failure of candidate or committee to file statement.

 

(a) Candidates shall be given notice prior to an election thatfailure to file, within the time required, a full and complete itemized statementof receipts and a statement of receipts and expenditures shall subject thecandidate to civil penalties as provided in subsection (e) of this section.

 

(b) A candidate who fails to file the statement of receiptsrequired by the seventh day before the election shall have his name printed ona list drafted by the appropriate filing office specified under W.S.22-25-107. The list shall immediately be posted in the filing office and madeavailable to the public.

 

(c) In addition to any other penalty provided by law, acandidate who fails to file the statement required by W.S. 22-25-106 withinthirty (30) days of the report due date is ineligible to run as a candidate forany state or local office for which a statement is required by W.S. 22-25-106until:

 

(i) Five (5) years have elapsed from the date the statement wasfirst due; or

 

(ii) The person has filed the required statement.

 

(d) Each political action committee shall be given notice priorto an election that failure to file the statement may result in the filing ofcriminal charges against the committee's officers responsible for the filing.Any officer of a political action committee who is responsible for filing areport and who knowingly and willfully fails to file a report as required orwho knowingly and willfully subscribes to, makes or causes to be made a falsereport is guilty of a felony punishable by imprisonment not to exceed two (2)years.

 

(e) Any candidate failing to file the reports required by W.S.22-25-106 within the times required by that section is subject to a civilpenalty and costs, including reasonable attorney's fees not to exceed fivehundred dollars ($500.00), as hereinafter provided. An action to impose acivil penalty may be prosecuted by and in the name of any candidate adverselyaffected by the violation, any political party, any district attorney or theattorney general. No filing fee shall be charged for the filing of an actionunder this subsection nor shall a fee be charged for service of process. Civilpenalties shall be paid to the clerk of court for deposit to the public schoolfund of the county in which the fine was assessed. The civil penalty imposedunder this subsection shall be not more than one thousand dollars ($1,000.00).

 

22-25-109. Reporting candidates in violation.

 

The secretary of state and the county clerks shall reportthe names of all candidates in violation of the Election Code of the state ofWyoming to the attorney general or to the district attorney, respectively, forappropriate action.

 

22-25-110. Campaign advertising in communications media.

 

(a) It is unlawful for a candidate, political action committee,organization, candidate's campaign committee, or any political party centralcommittee to pay for campaign literature or campaign advertising in anycommunication medium without printing or announcing the candidate, organizationor committee sponsoring the campaign advertising or campaign literature. Thecommunications media in using the campaign advertising shall print or announce thename of the candidate, organization or committee paying for the advertising.

 

(b) For purposes of this section,"campaign literature" does not include small campaign items such astickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloonsand yard signs displaying the name of the candidate or office sought.

 

22-25-111. Repealed by Laws 1980, ch. 31, 1.

 

 

22-25-112. Campaign advertising rates.

 

Ratescharged for political campaign advertising shall not be higher than ratescharged for local advertising of the same quality and quantity.

 

22-25-113. Repealed By Laws 1998, ch. 100, 5.

 

22-25-114. Repealed by Laws 1991, ch. 243, 5.

 

 

22-25-115. Written campaign advertising; prohibiting placement onpublic property; exception.

 

Exceptas provided herein, written campaign advertising shall not be placed on orattached to any real or personal property of the state or its politicalsubdivisions. This prohibition shall not apply to fairgrounds of the Wyomingstate fair or of any county fair organized under the laws of this state. TheUniversity of Wyoming, any community college and school district may permitsuch advertising subject to regulation by their governing board as to time,place and manner. Any rules and regulations adopted shall provide for equalaccess to opposing political views. Subject to the approval of the landownerand any rules and regulations adopted by a municipality, campaign materials maybe placed on municipal street rights-of-way. The department of transportationshall allow campaign materials to be placed on a state right-of-way within amunicipality to the same extent which the municipality allows campaignmaterials to be placed on municipal street rights-of-way. Nothing in thissection shall apply to any interstate highway.

 

Categories