State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter29

CHAPTER 29 - SPECIAL DISTRICT ELECTIONS ACT

 

ARTICLE 1 - GENERAL PROVISIONS

 

22-29-101. Short title.

 

Thischapter may be cited as the "Special District Elections Act of 1994."

 

22-29-102. Definitions.

 

(a) As used in this act:

 

(i) "Director" or "districtdirector" means a voting member of the governing body of a specialdistrict, regardless of what title is used in the principal act;

 

(ii) "Principal act" means thestatutes under which a special district listed under W.S. 22-29-103(a) can beformed or is operating;

 

(iii) "This act" means W.S. 22-29-101 through 22-29-601.

 

22-29-103. Applicability to special districts; general provisions.

 

(a) This act applies to the followingdistricts as specified in subsection (b) of this section:

 

(i) Special cemetery districts;

 

(ii) Conservation districts;

 

(iii) Fire protection districts;

 

(iv) Flood control districts;

 

(v) Hospital districts;

 

(vi) Improvement and service districts;

 

(vii) Special museum districts;

 

(viii) Rural health care districts;

 

(ix) Sanitary and improvement districts;

 

(x) Water and sewer districts;

 

(xi) Watershed improvement districts;

 

(xii) Resort districts;

 

(xiii) Other districts as specified by law.

 

(b) This act specifies requirements pertaining to elections andchanges in the organization of the districts listed in subsection (a) of thissection where the principal act is silent or unclear. Except as provided byW.S. 22-29-401(b), the specific provisions of a principal act are effective andcontrolling to the extent they conflict with this act.

 

(c) If a proposed district crosses countyboundaries, then any required filing with a county clerk shall be filed with orcertified to the county clerks of the counties affected. Any action required orpermitted by this act, a principal act or applicable rules to be undertaken bya county commission or the county commissioners shall be undertaken jointly bythe county commissioners for each county involved. In undertaking joint action,each county commissioner's vote shall be weighted in proportion to the numberof county commissioners and the population of electors of the district residingwithin that commissioner's county. The population of electors shall bedetermined by the most recent voter registration lists. Any consultationrequired of the county assessor or county treasurer shall be made jointly bythe county assessor or county treasurer of all the affected counties.

 

(d) If a district is authorized topromulgate rules and regulations or adopt ordinances or bylaws, the districtshall file any rules and regulations it promulgates, ordinances or bylaws itadopts and any amendments thereto with the county clerk for each county inwhich it is located. No rule, regulation, ordinance or bylaw shall be effectiveunless filed in accordance with this subsection.

 

(e) All special districts shall file a copy of the documentauthorizing formation or modification of boundaries, a citation to the lawunder which it is formed and a copy of an official map or legal descriptiondesignating the geographical boundaries of the district or the changes to itsgeographical boundaries with the department of revenue, the county assessor andthe county clerk in the county or counties within which the entity is locatedin accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv)regarding tax districts and as follows:

 

(i) Within ten (10) days after the effective date of formation;and

 

(ii) Annually, by a date determined by the department, if aspecial district has changes to its geographical boundaries by enlargement,merger, consolidation, exclusion or dissolution in the preceding year.

 

(f) The department of revenue in adopting rules implementingthe provisions of subsection (e) of this section may accept in lieu of adocument authorizing the original formation of a district a statement of thedistrict secretary stating that the document is unavailable together with a mapor other description of the current boundaries of the district which allows thedepartment to accurately ascertain the property within the district.

 

22-29-104. Definitions when principal act is silent.

 

(a) When used in a principal act, thefollowing definitions apply, unless the term is otherwise specifically definedin that principal act:

 

(i) "Elector" means a qualified elector;

 

(A) Repealed By Laws 1998, ch. 115, 5.

 

(B) Repealed By Laws 1998, ch. 115, 5.

 

(C) Repealed By Laws 1998, ch. 115, 5.

 

(D) Repealed By Laws 1998, ch. 115, 5.

 

(E) Repealed By Laws 1998, ch. 115, 5.

 

(F) Repealed By Laws 1998, ch. 115, 5.

 

(ii) "Landowner" means a person holding record feetitle to real property within the district or proposed district or a personobligated to pay general property taxes under a contract to purchase realproperty within the district or proposed district. It does not include a personwho owns only personal property even though such personal property may besubject to levy. As used in this paragraph, "person" includes anindividual, corporation, partnership, association or other entity owning landin the district provided the individual who signs the petition for acorporation, partnership or association presents the election judge with awritten authorization to sign for the corporation, partnership or association;

 

(iii) Repealed By Laws 1998, ch. 115, 5.

 

(iv) "Property owner" means alandowner;

 

(v) "Qualified elector" means a natural person who:

 

(A) Is a citizen of the United States;

 

(B) Is a bona fide resident of the district or proposeddistrict;

 

(C) Will be at least eighteen (18) years of age on the day ofthe election at which he may offer to vote;

 

(D) Is not currently adjudicated mentally incompetent;

 

(E) Has not been convicted of a felony, or, if so convicted,has had his civil or voting rights restored; and

 

(F) Has registered to vote.

 

(vi) "Resident" or "residence" means asdefined in the Wyoming Election Code;

 

(vii) "Voter" means a qualified elector;

 

(viii) "Written authorization" means an affidavit filedwith the county clerk setting forth a general legal description of the propertyowned, the street or common name address for the property, the name or names ofall owners of the property described, and a statement that the person signingthe written authorization is the only person having authority to act on behalfof the owner or owners of the property.

 

22-29-105. Petitions; number of signatures required; contents offormation petition.

 

(a) A petition to form a special district shall be signed bynot less than twenty-five percent (25%) of the landowners owning at leasttwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be established as a special district in one (1) or more counties orany part of a county, as shown by the assessment records of the property insaid area.

 

(b) A petition for enlargement of a district shall be signed bynot less than twenty-five percent (25%) of the voters owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included. If there are no voters within an area proposed to beincluded in a district, an enlargement petition shall be signed by not lessthan twenty-five percent (25%) of the landowners owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(c) A petition for merger and a petition for consolidationshall be signed by not less than twenty-five percent (25%) of the voters owningnot less than twenty-five percent (25%) of the assessed valuation of propertywithin each of the districts proposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(d) A petition for dissolution shall be signed by not less thantwenty-five percent (25%) of the voters owning not less than twenty-fivepercent (25%) of the assessed valuation of property within the district.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(e) Repealed By Laws 1998, ch. 115, 5.

 

(f) The petition for formation shall state:

 

(i) The proposed name for the district;

 

(ii) The boundaries of the district, including a map, anddescribe the lands situated therein with particularity;

 

(iii) A request that a district be formed under a principal actand pursuant to this act;

 

(iv) Describe generally the purpose of the proposed district andthe services to be provided, acquired, operated or constructed;

 

(v) In detail, the proposed method for financing improvementsor services to be provided within the first year of operation after formation;

 

(vi) The number and names of persons willing to serve, or applyfor election, as the initial board of directors of the district as required bythe principal act;

 

(vii) Who shall be responsible for the costs associated withformation.

 

22-29-106. Requirements for signers of petition; signer's withdrawalprohibited; chief petitioners designated.

 

(a) This section applies to petitions authorized under aprincipal act or this act. Each person who signs a petition shall add after thesignature the date of signing. If a person is signing the petition as anelector, the person shall add after his signature the person's date of birthand place of residence, giving street and number or a designation sufficient toenable the place of residence to be readily ascertained. If the signer issigning the petition as a landowner, the number of acres of land owned by thesigner and the name of the county whose assessment roll is used for the purposeof determining the signer's right to vote shall be stated in the body of thepetition or indicated opposite the signature. If the signer is a legalrepresentative of the owner, the signature shall be accompanied by the signer'swritten authorization to sign as a legal representative.

 

(b) After a petition has been offered forfiling, a person may not withdraw his name therefrom.

 

(c) A petition shall designate not more thanthree (3) persons as chief petitioners, setting forth their names and mailingaddresses. A petition may consist of a single instrument or separatecounterparts.

 

(d) The secretary of state shall, afterconsultation with the county clerks, develop uniform petition forms which shallbe used by special districts.

 

22-29-107. Requirements of filing petition; validity and certificationof signatures.

 

 

(a) A petition shall not be accepted forfiling unless the signatures thereon have been secured within six (6) months ofthe date on which the first signature on the petition was affixed. Petitionsrequired to be filed with the county commissioners shall be filed with thecounty clerk. Petitions required to be filed with the district board shall befiled with the secretary of the district board. It is not necessary to offerall counterparts of a petition for filing at the same time, but allcounterparts when certified as provided by subsection (c) of this section shallbe filed at the same time.

 

(b) Within ten (10) days after the date apetition is offered for filing, the county clerk or district secretary, as thecase may be, shall examine the petition and determine whether it is signed bythe requisite number of qualified signers. If the requisite number of qualifiedsigners have signed the petition, the county clerk or district secretary shallfile the petition. If the requisite number have not signed, the county clerk ordistrict secretary shall so notify the chief petitioners and may return thepetition to the petitioners.

 

(c) A petition shall not be filed unless thecertificate of the county clerk or the district secretary is attached theretocertifying that the county clerk or district secretary has verified thequalifications of the signers with the appropriate records, that the countyclerk or district secretary has ascertained therefrom the number of qualifiedsigners appearing on the petition, and that the petition is signed by therequisite number of qualified signers.

 

(d) Repealed By Laws 1998, ch. 115, 5.

 

22-29-108. Method of determining validity of landowner signatures.

 

 

(a) In examining any petition required orpermitted to be signed by landowners, the county clerk or district secretaryshall disregard the signature of a person not shown as owner on the assessmentroll unless prior to certification the secretary or county clerk is furnishedwith written evidence, satisfactory to the county clerk or district secretary,that the signer:

 

(i) Is a legal representative of the owner;

 

(ii) Is entitled to be shown as owner of landon the assessment roll; or

 

(iii) Is a purchaser under a contract topurchase real property.

 

22-29-109. County commissioners' action on formation petition.

 

(a) A petition for formation of a district shall be filed withthe county commissioners. Before the petition is filed, the county assessorand the department of revenue shall review, within sixty (60) days of receivingnotice of the petition, the boundaries of the proposed district for anyconflict, overlap, gap or other boundary issue and make written commentsthereon to be submitted with the petition. Further, the petition shall beapproved by any agency required by the principal act to approve the petition.If the petition satisfies all requirements of the principal act, the countycommissioners shall:

 

(i) Set a date for a hearing on the petition. The hearing shallbe held not less than forty-five (45) days nor more than ninety (90) days afterthe date the petition is filed;

 

(ii) The county commissioners shall cause notice of the hearingto be posted in at least three (3) public places and published by two (2)insertions in a newspaper of general circulation in that county or counties inwhich all or any part of the district is proposed to be located. The last ofthe notices shall be published at least ten (10) days prior to the hearing. Thenotice shall state:

 

(A) The purpose for which the district is tobe formed;

 

(B) The name and boundaries of the proposeddistrict;

 

(C) The time and place of the hearing on thepetition; and

 

(D) That all interested persons may appearand be heard.

 

(b) Any person may appear at the hearing and shall be heardconcerning any and all matters affecting the creation of the district, and arecord of the proceedings shall be made and kept as a part of the publicrecords of the board of county commissioners.

 

(c) At the time stated in the notice, the county commissionersshall hear the petition and determine if the area could be benefited by theformation of the district. It may adjourn the hearing from time to time, butnot exceeding four (4) weeks in all unless additional notice is given. Thecounty commissioners may alter the boundaries set forth in the petition toeither include or exclude territory. In determining the boundaries of theproposed district, the board shall consider the benefit the proposed districtwill have within the territory in or out of the proposed district. Thecommissioners shall not modify the boundaries so as to exclude from theproposed district any land which could be benefited by its formation, nor shallthere be included any land which will not, in the judgment of the board, bebenefited. In no event shall property which may be subject to a districtassessment be included in the boundaries of a district if the owner of theassessed property is precluded by applicable state or federal law, rule orregulation from using the services provided by the formation of the district.

 

(d) If the county commissioners determine, after consultationwith the county assessor, that any land has been improperly omitted from theproposed district and that the owner has not appeared at the hearing, thecommissioners shall continue the hearing and shall order notice given to thenonappearing owner requiring the owner to appear before it and show cause, ifany, why the land of the owner should not be included in the proposed district.The notice shall be given either by posting and publication, in the same manneras notice of the original hearing and for the same period, or by personalservice on each nonappearing owner. If notice is given by personal service,service shall be made at least ten (10) days prior to the date fixed for thefurther hearing.

 

(e) If within thirty (30) days after adjournment of thehearing, written protests, signed by the owners of at least thirty-five percent(35%) of assessed valuation of property included in the proposed district, arepresented to the board of county commissioners, the proposal and the districtshall fail.

 

(f) If the county commissioners approve the petition forformation, as presented or as modified, the county commissioners shall enter anorder declaring its approval. The order shall set forth the name of theproposed district and a description of the boundaries. Upon the entering ofthis order, the commissioners shall direct that the question of formation ofthe district and the election of the initial directors be submitted to theelectors of the proposed district to be held in their respective counties bymail ballot or on the next election date authorized under W.S. 22-21-103 whichis at least sixty (60) days after the expiration of the thirty (30) day perioddescribed in subsection (e) of this section.

 

(g) Any errors or changes on the map or in the legaldescription shall be corrected, and the corrected version shall be displayed atthe polls on election day or included in each mail ballot package. The mapshall be developed after consultation with the county assessor for eachaffected county to ensure accuracy.

 

22-29-110. County clerk to publish proclamation; filing period.

 

(a) Not more than fifty (50) and not lessthan forty (40) days, before the organizational election, the county clerkshall publish at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is situated a proclamationsetting forth the date of the election, what county clerk is the filingofficer, the question of formation, what offices are to be filled including theterms of the offices, the filing period for the offices and other pertinentelection information. Minor errors in the proclamation shall not invalidate theforthcoming election.

 

(b) Not more than thirty-nine (39) and not less than thirty(30) days before the formation election, candidates may file an application forelection in the office of the county clerk. The principal act shall determinewho is eligible to be a candidate. The application shall be in substantiallythe following form:

 

APPLICATIONFOR ELECTION

 

SPECIALDISTRICT DIRECTOR

 

I, the undersigned, swearor affirm that I was born on ...., (year); that I have been a resident of ....district since ...., residing at ....; that I am an elector or landowner (checkwhich one for eligibility) of said district and I do hereby request that myname, ...., be printed on the ballot of the formation (or other) election to beheld on .... day of ...., (year) as a candidate for the office of director fora term of .... years. I hereby declare that if I am elected, I will qualify forthe office.

 

Dated ....

 

Signatureof Candidate

 

ResidenceAddress

 

(c) The county clerk shall publish a sample ballot with thequestion of formation and candidates for directors together with any otherballot proposition at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is located, at least ten(10) days prior to the election.

 

(d) No petitions for nomination shall be required in anyelection for district director. Any eligible person wishing to run for aspecial district office shall file an application for election as specified insubsection (b) of this section.

 

(e) A county clerk receiving an application for election shalldetermine whether the person seeking election is an eligible candidate.

 

22-29-111. Formation and initial director election.

 

(a) The electors shall vote on the formation of the districtand for the initial directors. Votes for write-in candidates for director shallbe permitted.

 

(b) The election shall be conducted under the direction of thecounty clerk and shall be at the expense of the sponsors of the proposeddistrict. The sponsors may apply to the county for financial help under W.S.22-29-113(c). If the proposed district is approved, and upon request of thesponsors or the county commissioners the special district shall reimburse thecost of the election.

 

(c) The formation of the district is approved if a majority ofthe votes cast on the proposition vote "for" formation.

 

(d) The county clerk shall conduct the election in accordancewith W.S. 22-29-113 through 22-29-116.

 

(e) An elector casting a ballot may vote for any directorcandidate or other questions relating to the district, regardless of whether hevoted against formation.

 

(f) Repealed By Laws 1998, ch. 115, 5.

 

(g) If the proposition to form the district fails, the directorcandidacy questions are null and void.

 

(h) If the formation question is approved, the county clerkshall send written notice of the formation to the public funds division of thedepartment of audit within ten (10) days of the canvass.

 

22-29-112. Subsequent director elections.

 

(a) Subsequent director elections shall be held on the firstTuesday after the third Monday in March or on the Tuesday next following thefirst Monday in May or November, as determined by the district and shallaccommodate staggered terms as set forth in the principal act.

 

(b) All qualified electors are entitled to vote for theelection of directors at all district elections subsequent to the formationelection, called for the purpose of electing directors.

 

(c) Not more than one hundred twenty (120) and not less thanone hundred (100) days before the election, the secretary of the district shallpublish at least once in a newspaper of general circulation in each county in whichall or part of the district is situated, a proclamation setting forth the dateof the election, what district officer is the filing officer, what offices areto be elected and the terms of office, the filing period for the offices andother pertinent election information.

 

(d) Not more than ninety (90) nor less than seventy (70) daysprevious to the holding of a subsequent director election, candidates for theoffice of trustees of special districts shall file with the secretary of thedistrict an application for election in substantial conformance with the formset forth in W.S. 22-29-110(b). The names of all qualified candidates so filedshall be printed on the ballot.

 

(e) The name of all qualified candidates shall be published ina newspaper of general circulation in each county in which the district islocated not later than ten (10) days prior to the date of such election.

 

22-29-113. General provisions relating to special district elections.

 

(a) In a special district election not held in conjunction witha general or statewide special election, absentee voting shall be conducted inaccordance with rules promulgated by the secretary of state under W.S.22-29-114 which shall be consistent with procedures for mail ballot elections.

 

(b) In a special district election the following rules shallapply:

 

(i) An elector casting a ballot may write in the name of anyperson for a director office;

 

(ii) The person or persons receiving the largest number of votesis elected to office;

 

(iii) Candidates for director offices shall not be required tofile campaign finance reports under W.S. 22-25-101 through 22-25-115.

 

(c) All special district elections which are not conducted inconjunction with any other election, shall be at the expense of the district.Provided, however, any district may apply to the county for financial help tocover election expenses. The county commissioners, in their sole discretion,shall determine whether the county provides election financial help to specialdistricts. For special district elections conducted in conjunction with otherelections, the special district may be required to pay only those expenseswhich are reasonably attributable or allocable to the district's participationin the election. The expenses shall not include any fixed cost associated withan election.

 

(d) Each year, each special district subject to this act shallfile with the county commissioners and county clerk a list of the names,addresses and terms of the current directors. The filing deadline is the lastday of April.

 

(e) No special registration shall be held for any electionauthorized under this chapter. Any voter not otherwise registered who makes anaffidavit evidencing his qualifications to vote is deemed registered for thatelection.

 

(f) In the event the establishment of a district shall fail byprotest as provided in W.S. 22-29-109(d), no action to establish such district,or any part thereof, may again be commenced for a period of six (6) months. Inthe event the establishment of the district shall fail as a result of beingdefeated at a public election no action to establish such district, or any partthereof, may again be commenced for a period of one (1) year.

 

(g) No informalities in the conduct of the formation or relatedmatters or subsequent director elections shall invalidate the formation orelection results if notice is given substantially as provided in this chapterand the election is fairly conducted.

 

(h) The official ballot shall contain the followinginformation:

 

(i) The name of the district;

 

(ii) The county or counties in which the district is located andthe date of the election;

 

(iii) The number of offices to be filled, the length of term foreach office, and the number and names of candidates for each office for whomeach voter is entitled to vote;

 

(iv) Any ballot proposition upon which the electors are requiredto vote.

 

(j) The names of candidates shall appear without partydesignation, one (1) name to a line. Sufficient blank lines for write-in candidatesshall be provided for each office.

 

(k) A tie vote shall be broken by lots cast by the canvassingauthority.

 

(m) All special district elections, including mail ballotelections, shall be overseen by the county clerk in the county wherein the specialdistrict exists. If the special district exists in more than one (1) county,the county clerk of the county wherein the largest portion of the specialdistrict exists shall oversee the election. The county clerk shall determinewhether the election shall be conducted by the county clerk or the specialdistrict, taking into account each special district's expertise, manpower andability to conduct an election. "Oversee" as used in this subsectionmay include training, advice or assistance but does not include responsibilityfor the actions, conduct or outcome of the election unless the county clerkconducts the election.

 

22-29-114. Election procedures for elections other than mail ballotelections; canvass, recount and contests.

 

(a) The secretary of state, after consultation with the countyclerks, shall promulgate rules setting forth election procedures for specialdistricts to follow for the formation and succeeding elections. These rulesshall apply to mail ballot elections but shall conform with W.S. 22-29-115 and22-29-116. These rules shall include the designation of polling places,appointment of election judges, polling place hours, filing periods, filingoffices, ballot preparation, appointment of a canvassing board, termcommencement, other provisions relating to canvass, recount, contests and otherelection procedures.

 

(b) If the election is not held in conjunction with anotherelection which requires the polls to be kept open for other hours, it shall notbe necessary to keep the polls open at any election more than five (5)consecutive hours at any time between the hours of 9:00 a.m. and 7:00 p.m. onthe day of the election, as set forth in the notice of election.

 

(c) The entire district, or any portion thereof designated bythe commissioners ordering the election, may constitute an election precinct,as set forth in the notice of election.

 

(d) An elector shall vote only at the polling place for theelection precinct in which he resides. This subsection shall not apply to mailballot elections.

 

(e) Any special district election conducted by the county clerkshall be canvassed by the county canvassing board or a canvassing boardappointed by the county clerk, consisting of two (2) electors and the countyclerk. If more than one (1) county is involved, the election shall be canvassedin accordance with chapter 16 of the Wyoming Election Code of 1973, as amended,by a canvassing board drawn from the membership of the appropriate countycanvassing boards appointed by the appropriate county commissioners. Thecommissioners shall notify the county clerks of the canvassing boardappointments. Any special district election not conducted by a county clerkshall be canvassed by a special district canvassing board. The special districtcanvassing board shall consist of the district secretary and two (2) electorsappointed by the district board. Any canvass shall be conducted in accordancewith chapter 16 of the Wyoming Election Code of 1973, as amended. The canvassshall be conducted within seven (7) days of the election. The canvassing boardshall have the authority to call for a special election in accordance with W.S.22-16-122. The canvassing board shall:

 

(i) Cause minutes of the meeting and an abstract of the votesto be compiled showing the following information:

 

(A) The total number of votes cast in the election;

 

(B) The number of votes received by each person receiving votesat each polling place;

 

(C) A statement of the offices to be filled and a declarationof the winners;

 

(D) The result of any ballot proposition.

 

(ii) Sign the abstract which then constitutes the certificationof the canvassing board and file the abstract with the county clerk at theconclusion of the canvassing board meeting.

 

(f) A candidate may request a recount of the vote in accordancewith W.S. 22-16-110.

 

(g) Any special district election may be contested inaccordance with chapter 17 of the Wyoming Election Code of 1973, as amended.

 

22-29-115. Mail ballot elections; definitions; general provisions.

 

(a) This section does not apply to a special district electionheld in conjunction with a primary, general or statewide special election. Asused in W.S. 22-29-116:

 

(i) "Election official" means the county clerk for aformation election and a county clerk or district secretary for otherelections;

 

(ii) "Mail ballot election" means an election forwhich voters cast ballots in a special district election by mail and inaccordance with this chapter;

 

(iii) "Mail ballot package" means the packet of informationprovided by the election official to voters eligible to vote in the mail ballotelection;

 

(iv) "Transmit" means to mail or to personallydeliver.

 

(b) The secretary of state, after consultation with the countyclerks, shall establish procedures for conducting mail ballot elections.

 

(c) Regardless of the number of eligible voters within thedistrict, the county commissioners may order the formation election to be amail ballot election.

 

(d) Regardless of the number of voters within its boundaries, aspecial district may, by rule or bylaw of its governing body, conduct by mailballot elections to enlarge, withdraw, merge, consolidate, dissolve or suchother election required by the principal act. A special district may by rule orbylaw pay the return postage of mail and absentee ballots.

 

(e) Upon the adoption of the rule or bylaw to conduct anelection by the mail ballot procedure, each voter shall be mailed a mailballot.

 

22-29-116. Procedures for mail ballot elections.

 

(a) Mail ballot elections shall be overseen by the county clerkas provided in W.S. 22-29-113(m). Official ballots shall be prepared and allother preelection procedures followed as otherwise provided by law or rulespromulgated by the secretary of state, except that mail ballot packets shall beprepared in accordance with the following:

 

(i) No later than forty-five (45) days prior to election day,the secretary of the special district shall request from the county clerk ofeach county in which the special district is located a list of qualifiedelectors residing within the affected district;

 

(ii) No later than thirty (30) days prior to election day, thecounty clerk of each county in which a special district is located shallcertify and submit to the election official a list of qualified electorsresiding within the affected district;

 

(iii) No sooner than twenty-five (25) days and no later thanfifteen (15) days before an election, the election official shall mail to eachlandowner who has filed a written authorization and request for a mail ballotand to each qualified elector entitled to vote in the mail ballot election, atthe last address appearing in the registration records a mail ballot packet,which shall be marked "DO NOT FORWARD-ADDRESS CORRECTION REQUESTED,"or any other similar statement which is in accordance with United States postalservice regulations;

 

(iv) The ballot or ballot label shall contain the followingwarning:

 

WARNING

 

The criminal laws regulating the conduct ofelections contained in chapter 26 of the Wyoming Election Code of 1973, asamended apply with equal force to elections conducted by mail.

 

(v) No sooner than twenty-five (25) days and no later than 4:00p.m. on election day, mail ballots shall be made available at the electionofficial's office for voters entitled to vote in the election but who are nototherwise listed on the county voter registration records if otherwiseauthorized to vote;

 

(vi) A voter may obtain a replacement ballot if the ballot wasdestroyed, spoiled, lost, or for some other reason not received by the voter.In order to obtain a replacement ballot, the voter must sign a sworn statementspecifying the reason for requesting the replacement ballot. The statementshall be presented to the election official no later than 4:00 p.m. on electionday. The election official shall keep a record of each replacement ballotissued in accordance with this section together with a list of each ballotobtained pursuant to this section. An election official shall not transmit amail ballot package under this section unless the application for thereplacement ballot is received on or before election day. A replacement ballotmay be transmitted directly to the applicant at the election official's officeor may be mailed to the voter at the address provided in the application.Replacement ballots may be cast no later than 5:00 p.m. on election day;

 

(vii) Upon receipt of a ballot, the voter shall mark the ballot,sign and complete the return-verification envelope, and comply with theinstructions provided with the ballot. The voter may return the marked ballotto the election official by United States mail or by depositing the ballot atthe office of the official or any place designated by the official. The ballotmust be returned in the return-verification envelope. The ballot shall bereceived at the office of the election official or the designated depository nolater than 5:00 p.m. on election day;

 

(viii) Once the ballot is returned, an election official shallfirst qualify the submitted ballot by examining the verification envelope andcomparing the information on the envelope to the poll list to determine whetherthe ballot was submitted by a voter who has not previously voted in theelection. If the ballot so qualifies, and is otherwise valid, the officialshall enter the name of the registered voter in the poll book, open thereturn-verification envelope, remove the ballot stub, and deposit the ballot inan official ballot box;

 

(ix) All deposited ballots shall be counted as provided in thisact and by rules promulgated by the secretary of state. A mail ballot shall bevalid and counted only if it is returned in the return-verification envelope,the affidavit on the envelope is signed and completed by the voter to whom theballot was issued and the information on the envelope is verified in accordancewith paragraph (viii) of this subsection. If the election official determinesthat a voter to whom a replacement ballot has been issued has voted more thanonce, the official shall not count any ballot cast by that voter.

 

(b) The election official responsible for conducting theelection shall provide a minimum of one (1) polling place on the day ofelection which may be the election official's office or the county clerk'soffice and shall be open for not less than five (5) consecutive hours at anytime between the hours of 9:00 a.m. and 7:00 p.m. as set forth in the notice ofelection.

 

22-29-117. Change of district name.

 

 

(a) A district may change its name from thename given it in the formation order of the county commissioners, or from thename under which it was otherwise organized, to a name chosen by resolution ofa majority of the directors.

 

(b) The directors shall not adopt aresolution for a district name change without publishing notice once of theproposed name change in a newspaper of general circulation in the county.

 

(c) All powers, rights, duties andobligations of a district which has adopted a new name shall be continued underthe new name. All references to the prior name of the district shall beconsidered references to the new name.

 

(d) A district changing its name shallimmediately notify the secretary of state if the principal act requires thatformation documents be filed with the secretary of state, the county treasurer,the county clerk and the county assessor of each county in which the districtis situated.

 

22-29-118. Directors; oath of office.

 

Alldirectors, whether elected or appointed, shall, within ten (10) days afternotification of election or appointment, take the oath of office provided inWyoming constitution, article VI, section 20, before an officer authorized toadminister oaths. The director shall also complete the written oath and withoutdelay transmit a copy of the oath in writing to the respective county clerksfor the first election and to the secretary of the district thereafter.

 

22-29-119. District officers; meeting of board; conflict of interest.

 

Each year the board of directors shall assoon as they are qualified elect a president, treasurer and secretary of thedistrict. The board of directors shall hold regular and may hold specialmeetings as they determine. No trustee shall be directly interestedfinancially in any contract, work done or property purchased by the districtunless he has made full public disclosure and the board has unanimouslyapproved his financial interest. A majority of directors constitutes a quorumfor the transaction of district business.

 

ARTICLE 2 - VACANCIES

 

22-29-201. Vacancies.

 

(a) A director's office shall be deemed tobe vacant upon the occurrence of any one (1) of the following events prior tothe expiration of the term of office:

 

(i) If for any reason a properly qualified person is notelected to a director's office by the voters as required at a regular election;

 

(ii) If a person who was duly elected orappointed fails, neglects or refuses to subscribe to an oath of office or tofurnish the bond as may be required in the principal act;

 

(iii) If a person who was duly elected orappointed submits a written resignation to the board of directors and theresignation has been duly accepted by the board of directors;

 

(iv) If the person who was duly elected orappointed ceases to be qualified for the office to which he was elected;

 

(v) If a person who was duly elected orappointed is found guilty of a felony;

 

(vi) If a court of competent jurisdictionvoids the election or appointment or removes the person duly elected orappointed for any cause whatsoever, but only after his right to appeal has beenwaived or otherwise exhausted;

 

(vii) If the person who was duly elected orappointed fails to attend three (3) consecutive regular meetings of the boardof directors without the board of directors having entered upon its minutes anapproval for at least one (1) of those absences. This provision shall not applyto instances where failure to attend the meetings was due to a temporary mentalor physical disability or illness;

 

(viii) If the person who was duly elected orappointed dies during his term of office;

 

(ix) If declared vacant by the board of county commissionersupon the failure of the district board to comply with W.S. 9-1-507(a)(vii) onor before December 30 of that same calendar year, after notice is given asprovided by W.S. 9-1-507(j).

 

22-29-202. Filling by appointment.

 

(a) A vacancy in a district director officeshall be filled by appointment by a majority of the remaining directors.However, if a vacancy exists in a majority of the offices of director, or if amajority of the directors cannot agree on an appointment, then notice of thevacancy shall be given to the county commission by either a district directoror district member. The county commission shall fill the vacancy within thirty(30) days of being notified or by the time specified in the principal act. Ifthe county commission finds that a vacancy exists in a majority of offices ofdirector or that a majority of the directors cannot agree on an appointment,the county commission may fill the vacancy by acting on its own motion withoutnotice.

 

(b) All appointments shall be evidenced byan appropriate entry in the minutes of the meeting at which the appointment wasmade.

 

(c) An appointee to the office of directorshall serve until the next regular election.

 

(d) The appointed person before undertaking the duties ofoffice shall take an oath of office in accordance with W.S. 22-29-118.

 

(e) The term of office of an appointeddirector begins on the day the appointee accepts the appointment unless theletter of resignation of the prior incumbent specifies a later date, which datethen shall be the beginning of the appointee's term.

 

(f) Any vacancy created by failure of the board to comply withW.S. 9-1-507(a)(vii) shall be filled by appointment by the board of countycommissioners for the sole purpose of acting as trustee to dissolve thedistrict without election pursuant to W.S. 22-29-401 et seq.

 

ARTICLE 3 - ENLARGEMENT, CONSOLIDATION, MERGER AND CHANGE OFBOUNDARIES

 

22-29-301. Enlargement petitions.

 

(a) When any voters or landowners of an area wish to join adistrict, they may file an enlargement petition with the county commissioners.Unless otherwise provided under this subsection, the petition for enlargementmay include provisions allowing the board of district directors to be enlargedby one (1) or more positions to be filled by voters residing or located in thenew area, the number of positions to be determined by the petitioners and thedistrict directors of the existing district. Before the petition is filed withthe county commissioners, it shall be approved by the directors of the affecteddistrict and by any other agency also required by the principal act to approvethe petition. The petition process shall be governed by W.S. 22-29-105 through22-29-108. An election need not be held on an enlargement petition if thepetition alleges and the county commissioners find:

 

(i) All landowners and all voters, if any, within the new areaand the board of directors of the district agree to the inclusion of the newarea within the district.

 

(ii) Repealed by Laws 2008, Ch. 22, 2.

 

(b) W.S. 22-29-109 applies to the proceedingconducted by the county commissioners and the rights, powers and duties ofpetitioners and other persons having an interest in the proceedings. The countycommissioners shall approve or disapprove the enlargement petition.

 

(c) Except as provided under subsection (a) of this section, ifthe enlargement petition is approved, there shall be an election which shall beconducted under this act. At the enlargement election, there shall also beelected temporary directors whose terms shall expire at the next regulardistrict director election. At the first regular election following theenlargement election, the total number of directors shall be as stated in theprincipal act.

 

22-29-302. Merger of districts; effect.

 

(a) A district may merge with another district even if formedunder different principal acts, if the merger is first approved by the countycommissioners and approved by the voters of each district. The districtsincluded in the merger shall be considered joined to and absorbed into thesurviving district.

 

(b) If the merger is approved, the districtdirectors and officers of the merging districts shall transfer to the directorsof the surviving district all funds, property, contracts and records of themerging districts. Upon the effective date of the merger:

 

(i) The surviving district shall succeed toall the property, contracts, rights and powers of the merging districts, andshall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the merging districts shall become the property of thesurviving district and upon collection shall be credited to the account of thesurviving district; and

 

(iii) The surviving district shall becomeliable for all the obligations, legal and contractual, of the mergingdistricts.

 

22-29-303. Consolidation of districts; effect.

 

(a) Two (2) or more districts even if formed under differentprincipal acts may consolidate and form a new district if the consolidation isfirst approved by the county commissioners and approved by the voters. Thedistricts included in the consolidation shall be considered joined into asingle new district.

 

(b) If the consolidation is approved, thedistrict directors and officers of the consolidating districts shall transferto the directors of the successor district all funds, property, contracts andrecords of the consolidating districts. Upon the effective date of theconsolidation:

 

(i) The successor district shall succeed toall the property, contracts, rights and powers of the consolidating districts,and shall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the consolidating districts shall become the property of thesuccessor district and upon collection shall be credited to the account of thesuccessor district; and

 

(iii) The successor district shall becomeliable for all the obligations, legal or contractual, of the consolidatingdistricts.

 

22-29-304. Initiation of merger and consolidation; election.

 

(a) The voters of two (2) or more districts may initiateproceedings to merge or consolidate districts by filing a petition with thedirectors of the districts to be merged or consolidated. The petition shall becirculated and jointly verified in accordance with W.S. 22-29-105 and 22-29-108by the secretaries of the districts involved. The petition shall state the nameof the surviving or successor district. If two (2) or more districts planningto merge or consolidate have been formed under two (2) different principalacts, the petition shall also state under what principal act the merged orconsolidated district shall operate. The principal act under which the mergedor consolidated district shall operate may be different than the principal actsgoverning the original districts. In addition, the petition of merger orconsolidation shall set forth provisions pertaining to the composition of theboard of the new district until the next district election. The board of thenew district may be composed of members of the combined boards. At the nextregular district election members shall elect a new board. Thereafter themerged or consolidated board shall operate with the number of directorsapplicable under the principal act.

 

(b) Upon the district secretary certifying the petition, thedirectors of the districts shall order an election which shall be conducted inaccordance with W.S. 22-29-113 through 22-29-117 and 22-29-305.

 

(c) Merger or consolidation may also be initiatedby resolution adopted by the directors of two (2) or more districts. Theresolution shall contain all the matters required to be stated in a petition tomerge or consolidate. Upon the adoption of these resolutions, the directors ofthe district shall order an election which shall be conducted as provided insubsection (b) of this section.

 

22-29-305. Specific provisions relating to enlargement, merger andconsolidation elections.

 

(a) The elections effecting enlargement,merger or consolidation shall be governed by the following specific rules:

 

(i) For enlargement elections, the voters of both the existingdistrict and the area to be added shall be entitled to vote;

 

(ii) For merger and consolidation elections, the voters of allthe affected districts shall be entitled to vote;

 

(iii) If a majority of those voting in each district on theproposition favor the proposition, then it shall pass;

 

(iv) For enlargement elections, if the voters of the existingdistrict have approved by election a mill levy to finance the operation of thedistrict, then the voters of the area to be added shall also be required at theenlargement election to approve the same mill levy. If a majority of the votersin the area to be added voting on the proposition fails to approve the milllevy, then the enlargement, whether or not approved under paragraph (iii) ofthis subsection, shall fail. This paragraph shall not apply to an enlargementin which no election is required under W.S. 22-29-301(a);

 

(v) For merger and consolidation elections, if the voters of anexisting district have approved by election a mill levy to finance theoperations of the district and the other district has no mill levy or a lowermill levy, the voters of that other district shall also be required at themerger or consolidation election to approve a mill levy at the same level asthe existing district or increase an existing mill levy to the same level asthe existing district. If a majority of the voters in the other district votingon the proposition fails to approve or increase the mill levy as required, thenthe merger or consolidation, whether or not approved under paragraph (iii) ofthis subsection, shall fail.

 

22-29-306. Rights of creditors after change of organization;enforcement.

 

 

(a) No change of organization, or any termor condition thereof, shall impair the rights of any bondholder or othercreditor of a district. Every bondholder or other creditor may enforce all therights of the bondholder or other creditor in the same manner and to the sameextent as if the change of organization, term or condition had not been made.Any of these rights may also be enforced against agencies, and their respectiveofficers, as follows:

 

(i) Upon enlargement of the territory,against the district to or from which the territory is enlarged;

 

(ii) Upon dissolution of a district, againstthe successor city, county or district or against a city, county or districtreceiving distribution of all or any part of the remaining assets of thedissolved district;

 

(iii) Upon merger of two (2) or moredistricts, against the surviving district;

 

(iv) Upon consolidation of two (2) or moredistricts, against the successor district.

 

22-29-307. Change in boundaries of districts; exclusion of property fromdistrict.

 

Anyowner of property that is subject to assessment and payment of tax by a specialdistrict, but who is precluded by applicable state or federal law, rule orregulation from using the services provided by the district, may file with theboard of county commissioners a petition praying that such lands be excludedfrom assessment by said district. Petitions shall describe the property whichthe petitioners desire to have excluded. Such petition must be accompanied by adeposit of money sufficient to pay all costs of the exclusion proceedings. Thecounty commissioners shall cause a notice of filing of such petition to bepublished, which notice shall state the filing of such petition, the name ofpetitioners, description of the property mentioned in said petition, and theprayer of said petitioners; and it shall notify all persons interested toappear at the office of said board at the time named in said notice, showingcause in writing, if any they have, why said petition should not be granted. Theboard at the time and place mentioned in the notice, or at the times to whichthe hearing of said petition may be adjourned, shall proceed to hear thepetition and all objections thereto, presented in writing by any person showingcause why the prayer of the petition should not be granted. The filing by suchpetition shall be deemed and taken as an assent by each and all suchpetitioners to the exclusion from the district of the property mentioned in thepetition or any part thereof. The exclusion shall be allowed if an owner ofassessed property is precluded by applicable state or federal law, rule, orregulation from using the services provided by the district. This section shallbe applicable only to petitions filed in accordance with the provisions of thissection on or before March 31, 1999.

 

ARTICLE 4 - DISSOLUTION

 

22-29-401. Dissolution procedure.

 

(a) Dissolution of a district may beinitiated:

 

(i) By a petition sig

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter29

CHAPTER 29 - SPECIAL DISTRICT ELECTIONS ACT

 

ARTICLE 1 - GENERAL PROVISIONS

 

22-29-101. Short title.

 

Thischapter may be cited as the "Special District Elections Act of 1994."

 

22-29-102. Definitions.

 

(a) As used in this act:

 

(i) "Director" or "districtdirector" means a voting member of the governing body of a specialdistrict, regardless of what title is used in the principal act;

 

(ii) "Principal act" means thestatutes under which a special district listed under W.S. 22-29-103(a) can beformed or is operating;

 

(iii) "This act" means W.S. 22-29-101 through 22-29-601.

 

22-29-103. Applicability to special districts; general provisions.

 

(a) This act applies to the followingdistricts as specified in subsection (b) of this section:

 

(i) Special cemetery districts;

 

(ii) Conservation districts;

 

(iii) Fire protection districts;

 

(iv) Flood control districts;

 

(v) Hospital districts;

 

(vi) Improvement and service districts;

 

(vii) Special museum districts;

 

(viii) Rural health care districts;

 

(ix) Sanitary and improvement districts;

 

(x) Water and sewer districts;

 

(xi) Watershed improvement districts;

 

(xii) Resort districts;

 

(xiii) Other districts as specified by law.

 

(b) This act specifies requirements pertaining to elections andchanges in the organization of the districts listed in subsection (a) of thissection where the principal act is silent or unclear. Except as provided byW.S. 22-29-401(b), the specific provisions of a principal act are effective andcontrolling to the extent they conflict with this act.

 

(c) If a proposed district crosses countyboundaries, then any required filing with a county clerk shall be filed with orcertified to the county clerks of the counties affected. Any action required orpermitted by this act, a principal act or applicable rules to be undertaken bya county commission or the county commissioners shall be undertaken jointly bythe county commissioners for each county involved. In undertaking joint action,each county commissioner's vote shall be weighted in proportion to the numberof county commissioners and the population of electors of the district residingwithin that commissioner's county. The population of electors shall bedetermined by the most recent voter registration lists. Any consultationrequired of the county assessor or county treasurer shall be made jointly bythe county assessor or county treasurer of all the affected counties.

 

(d) If a district is authorized topromulgate rules and regulations or adopt ordinances or bylaws, the districtshall file any rules and regulations it promulgates, ordinances or bylaws itadopts and any amendments thereto with the county clerk for each county inwhich it is located. No rule, regulation, ordinance or bylaw shall be effectiveunless filed in accordance with this subsection.

 

(e) All special districts shall file a copy of the documentauthorizing formation or modification of boundaries, a citation to the lawunder which it is formed and a copy of an official map or legal descriptiondesignating the geographical boundaries of the district or the changes to itsgeographical boundaries with the department of revenue, the county assessor andthe county clerk in the county or counties within which the entity is locatedin accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv)regarding tax districts and as follows:

 

(i) Within ten (10) days after the effective date of formation;and

 

(ii) Annually, by a date determined by the department, if aspecial district has changes to its geographical boundaries by enlargement,merger, consolidation, exclusion or dissolution in the preceding year.

 

(f) The department of revenue in adopting rules implementingthe provisions of subsection (e) of this section may accept in lieu of adocument authorizing the original formation of a district a statement of thedistrict secretary stating that the document is unavailable together with a mapor other description of the current boundaries of the district which allows thedepartment to accurately ascertain the property within the district.

 

22-29-104. Definitions when principal act is silent.

 

(a) When used in a principal act, thefollowing definitions apply, unless the term is otherwise specifically definedin that principal act:

 

(i) "Elector" means a qualified elector;

 

(A) Repealed By Laws 1998, ch. 115, 5.

 

(B) Repealed By Laws 1998, ch. 115, 5.

 

(C) Repealed By Laws 1998, ch. 115, 5.

 

(D) Repealed By Laws 1998, ch. 115, 5.

 

(E) Repealed By Laws 1998, ch. 115, 5.

 

(F) Repealed By Laws 1998, ch. 115, 5.

 

(ii) "Landowner" means a person holding record feetitle to real property within the district or proposed district or a personobligated to pay general property taxes under a contract to purchase realproperty within the district or proposed district. It does not include a personwho owns only personal property even though such personal property may besubject to levy. As used in this paragraph, "person" includes anindividual, corporation, partnership, association or other entity owning landin the district provided the individual who signs the petition for acorporation, partnership or association presents the election judge with awritten authorization to sign for the corporation, partnership or association;

 

(iii) Repealed By Laws 1998, ch. 115, 5.

 

(iv) "Property owner" means alandowner;

 

(v) "Qualified elector" means a natural person who:

 

(A) Is a citizen of the United States;

 

(B) Is a bona fide resident of the district or proposeddistrict;

 

(C) Will be at least eighteen (18) years of age on the day ofthe election at which he may offer to vote;

 

(D) Is not currently adjudicated mentally incompetent;

 

(E) Has not been convicted of a felony, or, if so convicted,has had his civil or voting rights restored; and

 

(F) Has registered to vote.

 

(vi) "Resident" or "residence" means asdefined in the Wyoming Election Code;

 

(vii) "Voter" means a qualified elector;

 

(viii) "Written authorization" means an affidavit filedwith the county clerk setting forth a general legal description of the propertyowned, the street or common name address for the property, the name or names ofall owners of the property described, and a statement that the person signingthe written authorization is the only person having authority to act on behalfof the owner or owners of the property.

 

22-29-105. Petitions; number of signatures required; contents offormation petition.

 

(a) A petition to form a special district shall be signed bynot less than twenty-five percent (25%) of the landowners owning at leasttwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be established as a special district in one (1) or more counties orany part of a county, as shown by the assessment records of the property insaid area.

 

(b) A petition for enlargement of a district shall be signed bynot less than twenty-five percent (25%) of the voters owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included. If there are no voters within an area proposed to beincluded in a district, an enlargement petition shall be signed by not lessthan twenty-five percent (25%) of the landowners owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(c) A petition for merger and a petition for consolidationshall be signed by not less than twenty-five percent (25%) of the voters owningnot less than twenty-five percent (25%) of the assessed valuation of propertywithin each of the districts proposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(d) A petition for dissolution shall be signed by not less thantwenty-five percent (25%) of the voters owning not less than twenty-fivepercent (25%) of the assessed valuation of property within the district.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(e) Repealed By Laws 1998, ch. 115, 5.

 

(f) The petition for formation shall state:

 

(i) The proposed name for the district;

 

(ii) The boundaries of the district, including a map, anddescribe the lands situated therein with particularity;

 

(iii) A request that a district be formed under a principal actand pursuant to this act;

 

(iv) Describe generally the purpose of the proposed district andthe services to be provided, acquired, operated or constructed;

 

(v) In detail, the proposed method for financing improvementsor services to be provided within the first year of operation after formation;

 

(vi) The number and names of persons willing to serve, or applyfor election, as the initial board of directors of the district as required bythe principal act;

 

(vii) Who shall be responsible for the costs associated withformation.

 

22-29-106. Requirements for signers of petition; signer's withdrawalprohibited; chief petitioners designated.

 

(a) This section applies to petitions authorized under aprincipal act or this act. Each person who signs a petition shall add after thesignature the date of signing. If a person is signing the petition as anelector, the person shall add after his signature the person's date of birthand place of residence, giving street and number or a designation sufficient toenable the place of residence to be readily ascertained. If the signer issigning the petition as a landowner, the number of acres of land owned by thesigner and the name of the county whose assessment roll is used for the purposeof determining the signer's right to vote shall be stated in the body of thepetition or indicated opposite the signature. If the signer is a legalrepresentative of the owner, the signature shall be accompanied by the signer'swritten authorization to sign as a legal representative.

 

(b) After a petition has been offered forfiling, a person may not withdraw his name therefrom.

 

(c) A petition shall designate not more thanthree (3) persons as chief petitioners, setting forth their names and mailingaddresses. A petition may consist of a single instrument or separatecounterparts.

 

(d) The secretary of state shall, afterconsultation with the county clerks, develop uniform petition forms which shallbe used by special districts.

 

22-29-107. Requirements of filing petition; validity and certificationof signatures.

 

 

(a) A petition shall not be accepted forfiling unless the signatures thereon have been secured within six (6) months ofthe date on which the first signature on the petition was affixed. Petitionsrequired to be filed with the county commissioners shall be filed with thecounty clerk. Petitions required to be filed with the district board shall befiled with the secretary of the district board. It is not necessary to offerall counterparts of a petition for filing at the same time, but allcounterparts when certified as provided by subsection (c) of this section shallbe filed at the same time.

 

(b) Within ten (10) days after the date apetition is offered for filing, the county clerk or district secretary, as thecase may be, shall examine the petition and determine whether it is signed bythe requisite number of qualified signers. If the requisite number of qualifiedsigners have signed the petition, the county clerk or district secretary shallfile the petition. If the requisite number have not signed, the county clerk ordistrict secretary shall so notify the chief petitioners and may return thepetition to the petitioners.

 

(c) A petition shall not be filed unless thecertificate of the county clerk or the district secretary is attached theretocertifying that the county clerk or district secretary has verified thequalifications of the signers with the appropriate records, that the countyclerk or district secretary has ascertained therefrom the number of qualifiedsigners appearing on the petition, and that the petition is signed by therequisite number of qualified signers.

 

(d) Repealed By Laws 1998, ch. 115, 5.

 

22-29-108. Method of determining validity of landowner signatures.

 

 

(a) In examining any petition required orpermitted to be signed by landowners, the county clerk or district secretaryshall disregard the signature of a person not shown as owner on the assessmentroll unless prior to certification the secretary or county clerk is furnishedwith written evidence, satisfactory to the county clerk or district secretary,that the signer:

 

(i) Is a legal representative of the owner;

 

(ii) Is entitled to be shown as owner of landon the assessment roll; or

 

(iii) Is a purchaser under a contract topurchase real property.

 

22-29-109. County commissioners' action on formation petition.

 

(a) A petition for formation of a district shall be filed withthe county commissioners. Before the petition is filed, the county assessorand the department of revenue shall review, within sixty (60) days of receivingnotice of the petition, the boundaries of the proposed district for anyconflict, overlap, gap or other boundary issue and make written commentsthereon to be submitted with the petition. Further, the petition shall beapproved by any agency required by the principal act to approve the petition.If the petition satisfies all requirements of the principal act, the countycommissioners shall:

 

(i) Set a date for a hearing on the petition. The hearing shallbe held not less than forty-five (45) days nor more than ninety (90) days afterthe date the petition is filed;

 

(ii) The county commissioners shall cause notice of the hearingto be posted in at least three (3) public places and published by two (2)insertions in a newspaper of general circulation in that county or counties inwhich all or any part of the district is proposed to be located. The last ofthe notices shall be published at least ten (10) days prior to the hearing. Thenotice shall state:

 

(A) The purpose for which the district is tobe formed;

 

(B) The name and boundaries of the proposeddistrict;

 

(C) The time and place of the hearing on thepetition; and

 

(D) That all interested persons may appearand be heard.

 

(b) Any person may appear at the hearing and shall be heardconcerning any and all matters affecting the creation of the district, and arecord of the proceedings shall be made and kept as a part of the publicrecords of the board of county commissioners.

 

(c) At the time stated in the notice, the county commissionersshall hear the petition and determine if the area could be benefited by theformation of the district. It may adjourn the hearing from time to time, butnot exceeding four (4) weeks in all unless additional notice is given. Thecounty commissioners may alter the boundaries set forth in the petition toeither include or exclude territory. In determining the boundaries of theproposed district, the board shall consider the benefit the proposed districtwill have within the territory in or out of the proposed district. Thecommissioners shall not modify the boundaries so as to exclude from theproposed district any land which could be benefited by its formation, nor shallthere be included any land which will not, in the judgment of the board, bebenefited. In no event shall property which may be subject to a districtassessment be included in the boundaries of a district if the owner of theassessed property is precluded by applicable state or federal law, rule orregulation from using the services provided by the formation of the district.

 

(d) If the county commissioners determine, after consultationwith the county assessor, that any land has been improperly omitted from theproposed district and that the owner has not appeared at the hearing, thecommissioners shall continue the hearing and shall order notice given to thenonappearing owner requiring the owner to appear before it and show cause, ifany, why the land of the owner should not be included in the proposed district.The notice shall be given either by posting and publication, in the same manneras notice of the original hearing and for the same period, or by personalservice on each nonappearing owner. If notice is given by personal service,service shall be made at least ten (10) days prior to the date fixed for thefurther hearing.

 

(e) If within thirty (30) days after adjournment of thehearing, written protests, signed by the owners of at least thirty-five percent(35%) of assessed valuation of property included in the proposed district, arepresented to the board of county commissioners, the proposal and the districtshall fail.

 

(f) If the county commissioners approve the petition forformation, as presented or as modified, the county commissioners shall enter anorder declaring its approval. The order shall set forth the name of theproposed district and a description of the boundaries. Upon the entering ofthis order, the commissioners shall direct that the question of formation ofthe district and the election of the initial directors be submitted to theelectors of the proposed district to be held in their respective counties bymail ballot or on the next election date authorized under W.S. 22-21-103 whichis at least sixty (60) days after the expiration of the thirty (30) day perioddescribed in subsection (e) of this section.

 

(g) Any errors or changes on the map or in the legaldescription shall be corrected, and the corrected version shall be displayed atthe polls on election day or included in each mail ballot package. The mapshall be developed after consultation with the county assessor for eachaffected county to ensure accuracy.

 

22-29-110. County clerk to publish proclamation; filing period.

 

(a) Not more than fifty (50) and not lessthan forty (40) days, before the organizational election, the county clerkshall publish at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is situated a proclamationsetting forth the date of the election, what county clerk is the filingofficer, the question of formation, what offices are to be filled including theterms of the offices, the filing period for the offices and other pertinentelection information. Minor errors in the proclamation shall not invalidate theforthcoming election.

 

(b) Not more than thirty-nine (39) and not less than thirty(30) days before the formation election, candidates may file an application forelection in the office of the county clerk. The principal act shall determinewho is eligible to be a candidate. The application shall be in substantiallythe following form:

 

APPLICATIONFOR ELECTION

 

SPECIALDISTRICT DIRECTOR

 

I, the undersigned, swearor affirm that I was born on ...., (year); that I have been a resident of ....district since ...., residing at ....; that I am an elector or landowner (checkwhich one for eligibility) of said district and I do hereby request that myname, ...., be printed on the ballot of the formation (or other) election to beheld on .... day of ...., (year) as a candidate for the office of director fora term of .... years. I hereby declare that if I am elected, I will qualify forthe office.

 

Dated ....

 

Signatureof Candidate

 

ResidenceAddress

 

(c) The county clerk shall publish a sample ballot with thequestion of formation and candidates for directors together with any otherballot proposition at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is located, at least ten(10) days prior to the election.

 

(d) No petitions for nomination shall be required in anyelection for district director. Any eligible person wishing to run for aspecial district office shall file an application for election as specified insubsection (b) of this section.

 

(e) A county clerk receiving an application for election shalldetermine whether the person seeking election is an eligible candidate.

 

22-29-111. Formation and initial director election.

 

(a) The electors shall vote on the formation of the districtand for the initial directors. Votes for write-in candidates for director shallbe permitted.

 

(b) The election shall be conducted under the direction of thecounty clerk and shall be at the expense of the sponsors of the proposeddistrict. The sponsors may apply to the county for financial help under W.S.22-29-113(c). If the proposed district is approved, and upon request of thesponsors or the county commissioners the special district shall reimburse thecost of the election.

 

(c) The formation of the district is approved if a majority ofthe votes cast on the proposition vote "for" formation.

 

(d) The county clerk shall conduct the election in accordancewith W.S. 22-29-113 through 22-29-116.

 

(e) An elector casting a ballot may vote for any directorcandidate or other questions relating to the district, regardless of whether hevoted against formation.

 

(f) Repealed By Laws 1998, ch. 115, 5.

 

(g) If the proposition to form the district fails, the directorcandidacy questions are null and void.

 

(h) If the formation question is approved, the county clerkshall send written notice of the formation to the public funds division of thedepartment of audit within ten (10) days of the canvass.

 

22-29-112. Subsequent director elections.

 

(a) Subsequent director elections shall be held on the firstTuesday after the third Monday in March or on the Tuesday next following thefirst Monday in May or November, as determined by the district and shallaccommodate staggered terms as set forth in the principal act.

 

(b) All qualified electors are entitled to vote for theelection of directors at all district elections subsequent to the formationelection, called for the purpose of electing directors.

 

(c) Not more than one hundred twenty (120) and not less thanone hundred (100) days before the election, the secretary of the district shallpublish at least once in a newspaper of general circulation in each county in whichall or part of the district is situated, a proclamation setting forth the dateof the election, what district officer is the filing officer, what offices areto be elected and the terms of office, the filing period for the offices andother pertinent election information.

 

(d) Not more than ninety (90) nor less than seventy (70) daysprevious to the holding of a subsequent director election, candidates for theoffice of trustees of special districts shall file with the secretary of thedistrict an application for election in substantial conformance with the formset forth in W.S. 22-29-110(b). The names of all qualified candidates so filedshall be printed on the ballot.

 

(e) The name of all qualified candidates shall be published ina newspaper of general circulation in each county in which the district islocated not later than ten (10) days prior to the date of such election.

 

22-29-113. General provisions relating to special district elections.

 

(a) In a special district election not held in conjunction witha general or statewide special election, absentee voting shall be conducted inaccordance with rules promulgated by the secretary of state under W.S.22-29-114 which shall be consistent with procedures for mail ballot elections.

 

(b) In a special district election the following rules shallapply:

 

(i) An elector casting a ballot may write in the name of anyperson for a director office;

 

(ii) The person or persons receiving the largest number of votesis elected to office;

 

(iii) Candidates for director offices shall not be required tofile campaign finance reports under W.S. 22-25-101 through 22-25-115.

 

(c) All special district elections which are not conducted inconjunction with any other election, shall be at the expense of the district.Provided, however, any district may apply to the county for financial help tocover election expenses. The county commissioners, in their sole discretion,shall determine whether the county provides election financial help to specialdistricts. For special district elections conducted in conjunction with otherelections, the special district may be required to pay only those expenseswhich are reasonably attributable or allocable to the district's participationin the election. The expenses shall not include any fixed cost associated withan election.

 

(d) Each year, each special district subject to this act shallfile with the county commissioners and county clerk a list of the names,addresses and terms of the current directors. The filing deadline is the lastday of April.

 

(e) No special registration shall be held for any electionauthorized under this chapter. Any voter not otherwise registered who makes anaffidavit evidencing his qualifications to vote is deemed registered for thatelection.

 

(f) In the event the establishment of a district shall fail byprotest as provided in W.S. 22-29-109(d), no action to establish such district,or any part thereof, may again be commenced for a period of six (6) months. Inthe event the establishment of the district shall fail as a result of beingdefeated at a public election no action to establish such district, or any partthereof, may again be commenced for a period of one (1) year.

 

(g) No informalities in the conduct of the formation or relatedmatters or subsequent director elections shall invalidate the formation orelection results if notice is given substantially as provided in this chapterand the election is fairly conducted.

 

(h) The official ballot shall contain the followinginformation:

 

(i) The name of the district;

 

(ii) The county or counties in which the district is located andthe date of the election;

 

(iii) The number of offices to be filled, the length of term foreach office, and the number and names of candidates for each office for whomeach voter is entitled to vote;

 

(iv) Any ballot proposition upon which the electors are requiredto vote.

 

(j) The names of candidates shall appear without partydesignation, one (1) name to a line. Sufficient blank lines for write-in candidatesshall be provided for each office.

 

(k) A tie vote shall be broken by lots cast by the canvassingauthority.

 

(m) All special district elections, including mail ballotelections, shall be overseen by the county clerk in the county wherein the specialdistrict exists. If the special district exists in more than one (1) county,the county clerk of the county wherein the largest portion of the specialdistrict exists shall oversee the election. The county clerk shall determinewhether the election shall be conducted by the county clerk or the specialdistrict, taking into account each special district's expertise, manpower andability to conduct an election. "Oversee" as used in this subsectionmay include training, advice or assistance but does not include responsibilityfor the actions, conduct or outcome of the election unless the county clerkconducts the election.

 

22-29-114. Election procedures for elections other than mail ballotelections; canvass, recount and contests.

 

(a) The secretary of state, after consultation with the countyclerks, shall promulgate rules setting forth election procedures for specialdistricts to follow for the formation and succeeding elections. These rulesshall apply to mail ballot elections but shall conform with W.S. 22-29-115 and22-29-116. These rules shall include the designation of polling places,appointment of election judges, polling place hours, filing periods, filingoffices, ballot preparation, appointment of a canvassing board, termcommencement, other provisions relating to canvass, recount, contests and otherelection procedures.

 

(b) If the election is not held in conjunction with anotherelection which requires the polls to be kept open for other hours, it shall notbe necessary to keep the polls open at any election more than five (5)consecutive hours at any time between the hours of 9:00 a.m. and 7:00 p.m. onthe day of the election, as set forth in the notice of election.

 

(c) The entire district, or any portion thereof designated bythe commissioners ordering the election, may constitute an election precinct,as set forth in the notice of election.

 

(d) An elector shall vote only at the polling place for theelection precinct in which he resides. This subsection shall not apply to mailballot elections.

 

(e) Any special district election conducted by the county clerkshall be canvassed by the county canvassing board or a canvassing boardappointed by the county clerk, consisting of two (2) electors and the countyclerk. If more than one (1) county is involved, the election shall be canvassedin accordance with chapter 16 of the Wyoming Election Code of 1973, as amended,by a canvassing board drawn from the membership of the appropriate countycanvassing boards appointed by the appropriate county commissioners. Thecommissioners shall notify the county clerks of the canvassing boardappointments. Any special district election not conducted by a county clerkshall be canvassed by a special district canvassing board. The special districtcanvassing board shall consist of the district secretary and two (2) electorsappointed by the district board. Any canvass shall be conducted in accordancewith chapter 16 of the Wyoming Election Code of 1973, as amended. The canvassshall be conducted within seven (7) days of the election. The canvassing boardshall have the authority to call for a special election in accordance with W.S.22-16-122. The canvassing board shall:

 

(i) Cause minutes of the meeting and an abstract of the votesto be compiled showing the following information:

 

(A) The total number of votes cast in the election;

 

(B) The number of votes received by each person receiving votesat each polling place;

 

(C) A statement of the offices to be filled and a declarationof the winners;

 

(D) The result of any ballot proposition.

 

(ii) Sign the abstract which then constitutes the certificationof the canvassing board and file the abstract with the county clerk at theconclusion of the canvassing board meeting.

 

(f) A candidate may request a recount of the vote in accordancewith W.S. 22-16-110.

 

(g) Any special district election may be contested inaccordance with chapter 17 of the Wyoming Election Code of 1973, as amended.

 

22-29-115. Mail ballot elections; definitions; general provisions.

 

(a) This section does not apply to a special district electionheld in conjunction with a primary, general or statewide special election. Asused in W.S. 22-29-116:

 

(i) "Election official" means the county clerk for aformation election and a county clerk or district secretary for otherelections;

 

(ii) "Mail ballot election" means an election forwhich voters cast ballots in a special district election by mail and inaccordance with this chapter;

 

(iii) "Mail ballot package" means the packet of informationprovided by the election official to voters eligible to vote in the mail ballotelection;

 

(iv) "Transmit" means to mail or to personallydeliver.

 

(b) The secretary of state, after consultation with the countyclerks, shall establish procedures for conducting mail ballot elections.

 

(c) Regardless of the number of eligible voters within thedistrict, the county commissioners may order the formation election to be amail ballot election.

 

(d) Regardless of the number of voters within its boundaries, aspecial district may, by rule or bylaw of its governing body, conduct by mailballot elections to enlarge, withdraw, merge, consolidate, dissolve or suchother election required by the principal act. A special district may by rule orbylaw pay the return postage of mail and absentee ballots.

 

(e) Upon the adoption of the rule or bylaw to conduct anelection by the mail ballot procedure, each voter shall be mailed a mailballot.

 

22-29-116. Procedures for mail ballot elections.

 

(a) Mail ballot elections shall be overseen by the county clerkas provided in W.S. 22-29-113(m). Official ballots shall be prepared and allother preelection procedures followed as otherwise provided by law or rulespromulgated by the secretary of state, except that mail ballot packets shall beprepared in accordance with the following:

 

(i) No later than forty-five (45) days prior to election day,the secretary of the special district shall request from the county clerk ofeach county in which the special district is located a list of qualifiedelectors residing within the affected district;

 

(ii) No later than thirty (30) days prior to election day, thecounty clerk of each county in which a special district is located shallcertify and submit to the election official a list of qualified electorsresiding within the affected district;

 

(iii) No sooner than twenty-five (25) days and no later thanfifteen (15) days before an election, the election official shall mail to eachlandowner who has filed a written authorization and request for a mail ballotand to each qualified elector entitled to vote in the mail ballot election, atthe last address appearing in the registration records a mail ballot packet,which shall be marked "DO NOT FORWARD-ADDRESS CORRECTION REQUESTED,"or any other similar statement which is in accordance with United States postalservice regulations;

 

(iv) The ballot or ballot label shall contain the followingwarning:

 

WARNING

 

The criminal laws regulating the conduct ofelections contained in chapter 26 of the Wyoming Election Code of 1973, asamended apply with equal force to elections conducted by mail.

 

(v) No sooner than twenty-five (25) days and no later than 4:00p.m. on election day, mail ballots shall be made available at the electionofficial's office for voters entitled to vote in the election but who are nototherwise listed on the county voter registration records if otherwiseauthorized to vote;

 

(vi) A voter may obtain a replacement ballot if the ballot wasdestroyed, spoiled, lost, or for some other reason not received by the voter.In order to obtain a replacement ballot, the voter must sign a sworn statementspecifying the reason for requesting the replacement ballot. The statementshall be presented to the election official no later than 4:00 p.m. on electionday. The election official shall keep a record of each replacement ballotissued in accordance with this section together with a list of each ballotobtained pursuant to this section. An election official shall not transmit amail ballot package under this section unless the application for thereplacement ballot is received on or before election day. A replacement ballotmay be transmitted directly to the applicant at the election official's officeor may be mailed to the voter at the address provided in the application.Replacement ballots may be cast no later than 5:00 p.m. on election day;

 

(vii) Upon receipt of a ballot, the voter shall mark the ballot,sign and complete the return-verification envelope, and comply with theinstructions provided with the ballot. The voter may return the marked ballotto the election official by United States mail or by depositing the ballot atthe office of the official or any place designated by the official. The ballotmust be returned in the return-verification envelope. The ballot shall bereceived at the office of the election official or the designated depository nolater than 5:00 p.m. on election day;

 

(viii) Once the ballot is returned, an election official shallfirst qualify the submitted ballot by examining the verification envelope andcomparing the information on the envelope to the poll list to determine whetherthe ballot was submitted by a voter who has not previously voted in theelection. If the ballot so qualifies, and is otherwise valid, the officialshall enter the name of the registered voter in the poll book, open thereturn-verification envelope, remove the ballot stub, and deposit the ballot inan official ballot box;

 

(ix) All deposited ballots shall be counted as provided in thisact and by rules promulgated by the secretary of state. A mail ballot shall bevalid and counted only if it is returned in the return-verification envelope,the affidavit on the envelope is signed and completed by the voter to whom theballot was issued and the information on the envelope is verified in accordancewith paragraph (viii) of this subsection. If the election official determinesthat a voter to whom a replacement ballot has been issued has voted more thanonce, the official shall not count any ballot cast by that voter.

 

(b) The election official responsible for conducting theelection shall provide a minimum of one (1) polling place on the day ofelection which may be the election official's office or the county clerk'soffice and shall be open for not less than five (5) consecutive hours at anytime between the hours of 9:00 a.m. and 7:00 p.m. as set forth in the notice ofelection.

 

22-29-117. Change of district name.

 

 

(a) A district may change its name from thename given it in the formation order of the county commissioners, or from thename under which it was otherwise organized, to a name chosen by resolution ofa majority of the directors.

 

(b) The directors shall not adopt aresolution for a district name change without publishing notice once of theproposed name change in a newspaper of general circulation in the county.

 

(c) All powers, rights, duties andobligations of a district which has adopted a new name shall be continued underthe new name. All references to the prior name of the district shall beconsidered references to the new name.

 

(d) A district changing its name shallimmediately notify the secretary of state if the principal act requires thatformation documents be filed with the secretary of state, the county treasurer,the county clerk and the county assessor of each county in which the districtis situated.

 

22-29-118. Directors; oath of office.

 

Alldirectors, whether elected or appointed, shall, within ten (10) days afternotification of election or appointment, take the oath of office provided inWyoming constitution, article VI, section 20, before an officer authorized toadminister oaths. The director shall also complete the written oath and withoutdelay transmit a copy of the oath in writing to the respective county clerksfor the first election and to the secretary of the district thereafter.

 

22-29-119. District officers; meeting of board; conflict of interest.

 

Each year the board of directors shall assoon as they are qualified elect a president, treasurer and secretary of thedistrict. The board of directors shall hold regular and may hold specialmeetings as they determine. No trustee shall be directly interestedfinancially in any contract, work done or property purchased by the districtunless he has made full public disclosure and the board has unanimouslyapproved his financial interest. A majority of directors constitutes a quorumfor the transaction of district business.

 

ARTICLE 2 - VACANCIES

 

22-29-201. Vacancies.

 

(a) A director's office shall be deemed tobe vacant upon the occurrence of any one (1) of the following events prior tothe expiration of the term of office:

 

(i) If for any reason a properly qualified person is notelected to a director's office by the voters as required at a regular election;

 

(ii) If a person who was duly elected orappointed fails, neglects or refuses to subscribe to an oath of office or tofurnish the bond as may be required in the principal act;

 

(iii) If a person who was duly elected orappointed submits a written resignation to the board of directors and theresignation has been duly accepted by the board of directors;

 

(iv) If the person who was duly elected orappointed ceases to be qualified for the office to which he was elected;

 

(v) If a person who was duly elected orappointed is found guilty of a felony;

 

(vi) If a court of competent jurisdictionvoids the election or appointment or removes the person duly elected orappointed for any cause whatsoever, but only after his right to appeal has beenwaived or otherwise exhausted;

 

(vii) If the person who was duly elected orappointed fails to attend three (3) consecutive regular meetings of the boardof directors without the board of directors having entered upon its minutes anapproval for at least one (1) of those absences. This provision shall not applyto instances where failure to attend the meetings was due to a temporary mentalor physical disability or illness;

 

(viii) If the person who was duly elected orappointed dies during his term of office;

 

(ix) If declared vacant by the board of county commissionersupon the failure of the district board to comply with W.S. 9-1-507(a)(vii) onor before December 30 of that same calendar year, after notice is given asprovided by W.S. 9-1-507(j).

 

22-29-202. Filling by appointment.

 

(a) A vacancy in a district director officeshall be filled by appointment by a majority of the remaining directors.However, if a vacancy exists in a majority of the offices of director, or if amajority of the directors cannot agree on an appointment, then notice of thevacancy shall be given to the county commission by either a district directoror district member. The county commission shall fill the vacancy within thirty(30) days of being notified or by the time specified in the principal act. Ifthe county commission finds that a vacancy exists in a majority of offices ofdirector or that a majority of the directors cannot agree on an appointment,the county commission may fill the vacancy by acting on its own motion withoutnotice.

 

(b) All appointments shall be evidenced byan appropriate entry in the minutes of the meeting at which the appointment wasmade.

 

(c) An appointee to the office of directorshall serve until the next regular election.

 

(d) The appointed person before undertaking the duties ofoffice shall take an oath of office in accordance with W.S. 22-29-118.

 

(e) The term of office of an appointeddirector begins on the day the appointee accepts the appointment unless theletter of resignation of the prior incumbent specifies a later date, which datethen shall be the beginning of the appointee's term.

 

(f) Any vacancy created by failure of the board to comply withW.S. 9-1-507(a)(vii) shall be filled by appointment by the board of countycommissioners for the sole purpose of acting as trustee to dissolve thedistrict without election pursuant to W.S. 22-29-401 et seq.

 

ARTICLE 3 - ENLARGEMENT, CONSOLIDATION, MERGER AND CHANGE OFBOUNDARIES

 

22-29-301. Enlargement petitions.

 

(a) When any voters or landowners of an area wish to join adistrict, they may file an enlargement petition with the county commissioners.Unless otherwise provided under this subsection, the petition for enlargementmay include provisions allowing the board of district directors to be enlargedby one (1) or more positions to be filled by voters residing or located in thenew area, the number of positions to be determined by the petitioners and thedistrict directors of the existing district. Before the petition is filed withthe county commissioners, it shall be approved by the directors of the affecteddistrict and by any other agency also required by the principal act to approvethe petition. The petition process shall be governed by W.S. 22-29-105 through22-29-108. An election need not be held on an enlargement petition if thepetition alleges and the county commissioners find:

 

(i) All landowners and all voters, if any, within the new areaand the board of directors of the district agree to the inclusion of the newarea within the district.

 

(ii) Repealed by Laws 2008, Ch. 22, 2.

 

(b) W.S. 22-29-109 applies to the proceedingconducted by the county commissioners and the rights, powers and duties ofpetitioners and other persons having an interest in the proceedings. The countycommissioners shall approve or disapprove the enlargement petition.

 

(c) Except as provided under subsection (a) of this section, ifthe enlargement petition is approved, there shall be an election which shall beconducted under this act. At the enlargement election, there shall also beelected temporary directors whose terms shall expire at the next regulardistrict director election. At the first regular election following theenlargement election, the total number of directors shall be as stated in theprincipal act.

 

22-29-302. Merger of districts; effect.

 

(a) A district may merge with another district even if formedunder different principal acts, if the merger is first approved by the countycommissioners and approved by the voters of each district. The districtsincluded in the merger shall be considered joined to and absorbed into thesurviving district.

 

(b) If the merger is approved, the districtdirectors and officers of the merging districts shall transfer to the directorsof the surviving district all funds, property, contracts and records of themerging districts. Upon the effective date of the merger:

 

(i) The surviving district shall succeed toall the property, contracts, rights and powers of the merging districts, andshall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the merging districts shall become the property of thesurviving district and upon collection shall be credited to the account of thesurviving district; and

 

(iii) The surviving district shall becomeliable for all the obligations, legal and contractual, of the mergingdistricts.

 

22-29-303. Consolidation of districts; effect.

 

(a) Two (2) or more districts even if formed under differentprincipal acts may consolidate and form a new district if the consolidation isfirst approved by the county commissioners and approved by the voters. Thedistricts included in the consolidation shall be considered joined into asingle new district.

 

(b) If the consolidation is approved, thedistrict directors and officers of the consolidating districts shall transferto the directors of the successor district all funds, property, contracts andrecords of the consolidating districts. Upon the effective date of theconsolidation:

 

(i) The successor district shall succeed toall the property, contracts, rights and powers of the consolidating districts,and shall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the consolidating districts shall become the property of thesuccessor district and upon collection shall be credited to the account of thesuccessor district; and

 

(iii) The successor district shall becomeliable for all the obligations, legal or contractual, of the consolidatingdistricts.

 

22-29-304. Initiation of merger and consolidation; election.

 

(a) The voters of two (2) or more districts may initiateproceedings to merge or consolidate districts by filing a petition with thedirectors of the districts to be merged or consolidated. The petition shall becirculated and jointly verified in accordance with W.S. 22-29-105 and 22-29-108by the secretaries of the districts involved. The petition shall state the nameof the surviving or successor district. If two (2) or more districts planningto merge or consolidate have been formed under two (2) different principalacts, the petition shall also state under what principal act the merged orconsolidated district shall operate. The principal act under which the mergedor consolidated district shall operate may be different than the principal actsgoverning the original districts. In addition, the petition of merger orconsolidation shall set forth provisions pertaining to the composition of theboard of the new district until the next district election. The board of thenew district may be composed of members of the combined boards. At the nextregular district election members shall elect a new board. Thereafter themerged or consolidated board shall operate with the number of directorsapplicable under the principal act.

 

(b) Upon the district secretary certifying the petition, thedirectors of the districts shall order an election which shall be conducted inaccordance with W.S. 22-29-113 through 22-29-117 and 22-29-305.

 

(c) Merger or consolidation may also be initiatedby resolution adopted by the directors of two (2) or more districts. Theresolution shall contain all the matters required to be stated in a petition tomerge or consolidate. Upon the adoption of these resolutions, the directors ofthe district shall order an election which shall be conducted as provided insubsection (b) of this section.

 

22-29-305. Specific provisions relating to enlargement, merger andconsolidation elections.

 

(a) The elections effecting enlargement,merger or consolidation shall be governed by the following specific rules:

 

(i) For enlargement elections, the voters of both the existingdistrict and the area to be added shall be entitled to vote;

 

(ii) For merger and consolidation elections, the voters of allthe affected districts shall be entitled to vote;

 

(iii) If a majority of those voting in each district on theproposition favor the proposition, then it shall pass;

 

(iv) For enlargement elections, if the voters of the existingdistrict have approved by election a mill levy to finance the operation of thedistrict, then the voters of the area to be added shall also be required at theenlargement election to approve the same mill levy. If a majority of the votersin the area to be added voting on the proposition fails to approve the milllevy, then the enlargement, whether or not approved under paragraph (iii) ofthis subsection, shall fail. This paragraph shall not apply to an enlargementin which no election is required under W.S. 22-29-301(a);

 

(v) For merger and consolidation elections, if the voters of anexisting district have approved by election a mill levy to finance theoperations of the district and the other district has no mill levy or a lowermill levy, the voters of that other district shall also be required at themerger or consolidation election to approve a mill levy at the same level asthe existing district or increase an existing mill levy to the same level asthe existing district. If a majority of the voters in the other district votingon the proposition fails to approve or increase the mill levy as required, thenthe merger or consolidation, whether or not approved under paragraph (iii) ofthis subsection, shall fail.

 

22-29-306. Rights of creditors after change of organization;enforcement.

 

 

(a) No change of organization, or any termor condition thereof, shall impair the rights of any bondholder or othercreditor of a district. Every bondholder or other creditor may enforce all therights of the bondholder or other creditor in the same manner and to the sameextent as if the change of organization, term or condition had not been made.Any of these rights may also be enforced against agencies, and their respectiveofficers, as follows:

 

(i) Upon enlargement of the territory,against the district to or from which the territory is enlarged;

 

(ii) Upon dissolution of a district, againstthe successor city, county or district or against a city, county or districtreceiving distribution of all or any part of the remaining assets of thedissolved district;

 

(iii) Upon merger of two (2) or moredistricts, against the surviving district;

 

(iv) Upon consolidation of two (2) or moredistricts, against the successor district.

 

22-29-307. Change in boundaries of districts; exclusion of property fromdistrict.

 

Anyowner of property that is subject to assessment and payment of tax by a specialdistrict, but who is precluded by applicable state or federal law, rule orregulation from using the services provided by the district, may file with theboard of county commissioners a petition praying that such lands be excludedfrom assessment by said district. Petitions shall describe the property whichthe petitioners desire to have excluded. Such petition must be accompanied by adeposit of money sufficient to pay all costs of the exclusion proceedings. Thecounty commissioners shall cause a notice of filing of such petition to bepublished, which notice shall state the filing of such petition, the name ofpetitioners, description of the property mentioned in said petition, and theprayer of said petitioners; and it shall notify all persons interested toappear at the office of said board at the time named in said notice, showingcause in writing, if any they have, why said petition should not be granted. Theboard at the time and place mentioned in the notice, or at the times to whichthe hearing of said petition may be adjourned, shall proceed to hear thepetition and all objections thereto, presented in writing by any person showingcause why the prayer of the petition should not be granted. The filing by suchpetition shall be deemed and taken as an assent by each and all suchpetitioners to the exclusion from the district of the property mentioned in thepetition or any part thereof. The exclusion shall be allowed if an owner ofassessed property is precluded by applicable state or federal law, rule, orregulation from using the services provided by the district. This section shallbe applicable only to petitions filed in accordance with the provisions of thissection on or before March 31, 1999.

 

ARTICLE 4 - DISSOLUTION

 

22-29-401. Dissolution procedure.

 

(a) Dissolution of a district may beinitiated:

 

(i) By a petition sig


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter29

CHAPTER 29 - SPECIAL DISTRICT ELECTIONS ACT

 

ARTICLE 1 - GENERAL PROVISIONS

 

22-29-101. Short title.

 

Thischapter may be cited as the "Special District Elections Act of 1994."

 

22-29-102. Definitions.

 

(a) As used in this act:

 

(i) "Director" or "districtdirector" means a voting member of the governing body of a specialdistrict, regardless of what title is used in the principal act;

 

(ii) "Principal act" means thestatutes under which a special district listed under W.S. 22-29-103(a) can beformed or is operating;

 

(iii) "This act" means W.S. 22-29-101 through 22-29-601.

 

22-29-103. Applicability to special districts; general provisions.

 

(a) This act applies to the followingdistricts as specified in subsection (b) of this section:

 

(i) Special cemetery districts;

 

(ii) Conservation districts;

 

(iii) Fire protection districts;

 

(iv) Flood control districts;

 

(v) Hospital districts;

 

(vi) Improvement and service districts;

 

(vii) Special museum districts;

 

(viii) Rural health care districts;

 

(ix) Sanitary and improvement districts;

 

(x) Water and sewer districts;

 

(xi) Watershed improvement districts;

 

(xii) Resort districts;

 

(xiii) Other districts as specified by law.

 

(b) This act specifies requirements pertaining to elections andchanges in the organization of the districts listed in subsection (a) of thissection where the principal act is silent or unclear. Except as provided byW.S. 22-29-401(b), the specific provisions of a principal act are effective andcontrolling to the extent they conflict with this act.

 

(c) If a proposed district crosses countyboundaries, then any required filing with a county clerk shall be filed with orcertified to the county clerks of the counties affected. Any action required orpermitted by this act, a principal act or applicable rules to be undertaken bya county commission or the county commissioners shall be undertaken jointly bythe county commissioners for each county involved. In undertaking joint action,each county commissioner's vote shall be weighted in proportion to the numberof county commissioners and the population of electors of the district residingwithin that commissioner's county. The population of electors shall bedetermined by the most recent voter registration lists. Any consultationrequired of the county assessor or county treasurer shall be made jointly bythe county assessor or county treasurer of all the affected counties.

 

(d) If a district is authorized topromulgate rules and regulations or adopt ordinances or bylaws, the districtshall file any rules and regulations it promulgates, ordinances or bylaws itadopts and any amendments thereto with the county clerk for each county inwhich it is located. No rule, regulation, ordinance or bylaw shall be effectiveunless filed in accordance with this subsection.

 

(e) All special districts shall file a copy of the documentauthorizing formation or modification of boundaries, a citation to the lawunder which it is formed and a copy of an official map or legal descriptiondesignating the geographical boundaries of the district or the changes to itsgeographical boundaries with the department of revenue, the county assessor andthe county clerk in the county or counties within which the entity is locatedin accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv)regarding tax districts and as follows:

 

(i) Within ten (10) days after the effective date of formation;and

 

(ii) Annually, by a date determined by the department, if aspecial district has changes to its geographical boundaries by enlargement,merger, consolidation, exclusion or dissolution in the preceding year.

 

(f) The department of revenue in adopting rules implementingthe provisions of subsection (e) of this section may accept in lieu of adocument authorizing the original formation of a district a statement of thedistrict secretary stating that the document is unavailable together with a mapor other description of the current boundaries of the district which allows thedepartment to accurately ascertain the property within the district.

 

22-29-104. Definitions when principal act is silent.

 

(a) When used in a principal act, thefollowing definitions apply, unless the term is otherwise specifically definedin that principal act:

 

(i) "Elector" means a qualified elector;

 

(A) Repealed By Laws 1998, ch. 115, 5.

 

(B) Repealed By Laws 1998, ch. 115, 5.

 

(C) Repealed By Laws 1998, ch. 115, 5.

 

(D) Repealed By Laws 1998, ch. 115, 5.

 

(E) Repealed By Laws 1998, ch. 115, 5.

 

(F) Repealed By Laws 1998, ch. 115, 5.

 

(ii) "Landowner" means a person holding record feetitle to real property within the district or proposed district or a personobligated to pay general property taxes under a contract to purchase realproperty within the district or proposed district. It does not include a personwho owns only personal property even though such personal property may besubject to levy. As used in this paragraph, "person" includes anindividual, corporation, partnership, association or other entity owning landin the district provided the individual who signs the petition for acorporation, partnership or association presents the election judge with awritten authorization to sign for the corporation, partnership or association;

 

(iii) Repealed By Laws 1998, ch. 115, 5.

 

(iv) "Property owner" means alandowner;

 

(v) "Qualified elector" means a natural person who:

 

(A) Is a citizen of the United States;

 

(B) Is a bona fide resident of the district or proposeddistrict;

 

(C) Will be at least eighteen (18) years of age on the day ofthe election at which he may offer to vote;

 

(D) Is not currently adjudicated mentally incompetent;

 

(E) Has not been convicted of a felony, or, if so convicted,has had his civil or voting rights restored; and

 

(F) Has registered to vote.

 

(vi) "Resident" or "residence" means asdefined in the Wyoming Election Code;

 

(vii) "Voter" means a qualified elector;

 

(viii) "Written authorization" means an affidavit filedwith the county clerk setting forth a general legal description of the propertyowned, the street or common name address for the property, the name or names ofall owners of the property described, and a statement that the person signingthe written authorization is the only person having authority to act on behalfof the owner or owners of the property.

 

22-29-105. Petitions; number of signatures required; contents offormation petition.

 

(a) A petition to form a special district shall be signed bynot less than twenty-five percent (25%) of the landowners owning at leasttwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be established as a special district in one (1) or more counties orany part of a county, as shown by the assessment records of the property insaid area.

 

(b) A petition for enlargement of a district shall be signed bynot less than twenty-five percent (25%) of the voters owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included. If there are no voters within an area proposed to beincluded in a district, an enlargement petition shall be signed by not lessthan twenty-five percent (25%) of the landowners owning not less thantwenty-five percent (25%) of the assessed valuation of property within the areaproposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(c) A petition for merger and a petition for consolidationshall be signed by not less than twenty-five percent (25%) of the voters owningnot less than twenty-five percent (25%) of the assessed valuation of propertywithin each of the districts proposed to be included.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(d) A petition for dissolution shall be signed by not less thantwenty-five percent (25%) of the voters owning not less than twenty-fivepercent (25%) of the assessed valuation of property within the district.

 

(i) Repealed By Laws 1998, ch. 115, 5.

 

(ii) Repealed By Laws 1998, ch. 115, 5.

 

(e) Repealed By Laws 1998, ch. 115, 5.

 

(f) The petition for formation shall state:

 

(i) The proposed name for the district;

 

(ii) The boundaries of the district, including a map, anddescribe the lands situated therein with particularity;

 

(iii) A request that a district be formed under a principal actand pursuant to this act;

 

(iv) Describe generally the purpose of the proposed district andthe services to be provided, acquired, operated or constructed;

 

(v) In detail, the proposed method for financing improvementsor services to be provided within the first year of operation after formation;

 

(vi) The number and names of persons willing to serve, or applyfor election, as the initial board of directors of the district as required bythe principal act;

 

(vii) Who shall be responsible for the costs associated withformation.

 

22-29-106. Requirements for signers of petition; signer's withdrawalprohibited; chief petitioners designated.

 

(a) This section applies to petitions authorized under aprincipal act or this act. Each person who signs a petition shall add after thesignature the date of signing. If a person is signing the petition as anelector, the person shall add after his signature the person's date of birthand place of residence, giving street and number or a designation sufficient toenable the place of residence to be readily ascertained. If the signer issigning the petition as a landowner, the number of acres of land owned by thesigner and the name of the county whose assessment roll is used for the purposeof determining the signer's right to vote shall be stated in the body of thepetition or indicated opposite the signature. If the signer is a legalrepresentative of the owner, the signature shall be accompanied by the signer'swritten authorization to sign as a legal representative.

 

(b) After a petition has been offered forfiling, a person may not withdraw his name therefrom.

 

(c) A petition shall designate not more thanthree (3) persons as chief petitioners, setting forth their names and mailingaddresses. A petition may consist of a single instrument or separatecounterparts.

 

(d) The secretary of state shall, afterconsultation with the county clerks, develop uniform petition forms which shallbe used by special districts.

 

22-29-107. Requirements of filing petition; validity and certificationof signatures.

 

 

(a) A petition shall not be accepted forfiling unless the signatures thereon have been secured within six (6) months ofthe date on which the first signature on the petition was affixed. Petitionsrequired to be filed with the county commissioners shall be filed with thecounty clerk. Petitions required to be filed with the district board shall befiled with the secretary of the district board. It is not necessary to offerall counterparts of a petition for filing at the same time, but allcounterparts when certified as provided by subsection (c) of this section shallbe filed at the same time.

 

(b) Within ten (10) days after the date apetition is offered for filing, the county clerk or district secretary, as thecase may be, shall examine the petition and determine whether it is signed bythe requisite number of qualified signers. If the requisite number of qualifiedsigners have signed the petition, the county clerk or district secretary shallfile the petition. If the requisite number have not signed, the county clerk ordistrict secretary shall so notify the chief petitioners and may return thepetition to the petitioners.

 

(c) A petition shall not be filed unless thecertificate of the county clerk or the district secretary is attached theretocertifying that the county clerk or district secretary has verified thequalifications of the signers with the appropriate records, that the countyclerk or district secretary has ascertained therefrom the number of qualifiedsigners appearing on the petition, and that the petition is signed by therequisite number of qualified signers.

 

(d) Repealed By Laws 1998, ch. 115, 5.

 

22-29-108. Method of determining validity of landowner signatures.

 

 

(a) In examining any petition required orpermitted to be signed by landowners, the county clerk or district secretaryshall disregard the signature of a person not shown as owner on the assessmentroll unless prior to certification the secretary or county clerk is furnishedwith written evidence, satisfactory to the county clerk or district secretary,that the signer:

 

(i) Is a legal representative of the owner;

 

(ii) Is entitled to be shown as owner of landon the assessment roll; or

 

(iii) Is a purchaser under a contract topurchase real property.

 

22-29-109. County commissioners' action on formation petition.

 

(a) A petition for formation of a district shall be filed withthe county commissioners. Before the petition is filed, the county assessorand the department of revenue shall review, within sixty (60) days of receivingnotice of the petition, the boundaries of the proposed district for anyconflict, overlap, gap or other boundary issue and make written commentsthereon to be submitted with the petition. Further, the petition shall beapproved by any agency required by the principal act to approve the petition.If the petition satisfies all requirements of the principal act, the countycommissioners shall:

 

(i) Set a date for a hearing on the petition. The hearing shallbe held not less than forty-five (45) days nor more than ninety (90) days afterthe date the petition is filed;

 

(ii) The county commissioners shall cause notice of the hearingto be posted in at least three (3) public places and published by two (2)insertions in a newspaper of general circulation in that county or counties inwhich all or any part of the district is proposed to be located. The last ofthe notices shall be published at least ten (10) days prior to the hearing. Thenotice shall state:

 

(A) The purpose for which the district is tobe formed;

 

(B) The name and boundaries of the proposeddistrict;

 

(C) The time and place of the hearing on thepetition; and

 

(D) That all interested persons may appearand be heard.

 

(b) Any person may appear at the hearing and shall be heardconcerning any and all matters affecting the creation of the district, and arecord of the proceedings shall be made and kept as a part of the publicrecords of the board of county commissioners.

 

(c) At the time stated in the notice, the county commissionersshall hear the petition and determine if the area could be benefited by theformation of the district. It may adjourn the hearing from time to time, butnot exceeding four (4) weeks in all unless additional notice is given. Thecounty commissioners may alter the boundaries set forth in the petition toeither include or exclude territory. In determining the boundaries of theproposed district, the board shall consider the benefit the proposed districtwill have within the territory in or out of the proposed district. Thecommissioners shall not modify the boundaries so as to exclude from theproposed district any land which could be benefited by its formation, nor shallthere be included any land which will not, in the judgment of the board, bebenefited. In no event shall property which may be subject to a districtassessment be included in the boundaries of a district if the owner of theassessed property is precluded by applicable state or federal law, rule orregulation from using the services provided by the formation of the district.

 

(d) If the county commissioners determine, after consultationwith the county assessor, that any land has been improperly omitted from theproposed district and that the owner has not appeared at the hearing, thecommissioners shall continue the hearing and shall order notice given to thenonappearing owner requiring the owner to appear before it and show cause, ifany, why the land of the owner should not be included in the proposed district.The notice shall be given either by posting and publication, in the same manneras notice of the original hearing and for the same period, or by personalservice on each nonappearing owner. If notice is given by personal service,service shall be made at least ten (10) days prior to the date fixed for thefurther hearing.

 

(e) If within thirty (30) days after adjournment of thehearing, written protests, signed by the owners of at least thirty-five percent(35%) of assessed valuation of property included in the proposed district, arepresented to the board of county commissioners, the proposal and the districtshall fail.

 

(f) If the county commissioners approve the petition forformation, as presented or as modified, the county commissioners shall enter anorder declaring its approval. The order shall set forth the name of theproposed district and a description of the boundaries. Upon the entering ofthis order, the commissioners shall direct that the question of formation ofthe district and the election of the initial directors be submitted to theelectors of the proposed district to be held in their respective counties bymail ballot or on the next election date authorized under W.S. 22-21-103 whichis at least sixty (60) days after the expiration of the thirty (30) day perioddescribed in subsection (e) of this section.

 

(g) Any errors or changes on the map or in the legaldescription shall be corrected, and the corrected version shall be displayed atthe polls on election day or included in each mail ballot package. The mapshall be developed after consultation with the county assessor for eachaffected county to ensure accuracy.

 

22-29-110. County clerk to publish proclamation; filing period.

 

(a) Not more than fifty (50) and not lessthan forty (40) days, before the organizational election, the county clerkshall publish at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is situated a proclamationsetting forth the date of the election, what county clerk is the filingofficer, the question of formation, what offices are to be filled including theterms of the offices, the filing period for the offices and other pertinentelection information. Minor errors in the proclamation shall not invalidate theforthcoming election.

 

(b) Not more than thirty-nine (39) and not less than thirty(30) days before the formation election, candidates may file an application forelection in the office of the county clerk. The principal act shall determinewho is eligible to be a candidate. The application shall be in substantiallythe following form:

 

APPLICATIONFOR ELECTION

 

SPECIALDISTRICT DIRECTOR

 

I, the undersigned, swearor affirm that I was born on ...., (year); that I have been a resident of ....district since ...., residing at ....; that I am an elector or landowner (checkwhich one for eligibility) of said district and I do hereby request that myname, ...., be printed on the ballot of the formation (or other) election to beheld on .... day of ...., (year) as a candidate for the office of director fora term of .... years. I hereby declare that if I am elected, I will qualify forthe office.

 

Dated ....

 

Signatureof Candidate

 

ResidenceAddress

 

(c) The county clerk shall publish a sample ballot with thequestion of formation and candidates for directors together with any otherballot proposition at least once in a newspaper of general circulation in eachcounty in which all or part of the proposed district is located, at least ten(10) days prior to the election.

 

(d) No petitions for nomination shall be required in anyelection for district director. Any eligible person wishing to run for aspecial district office shall file an application for election as specified insubsection (b) of this section.

 

(e) A county clerk receiving an application for election shalldetermine whether the person seeking election is an eligible candidate.

 

22-29-111. Formation and initial director election.

 

(a) The electors shall vote on the formation of the districtand for the initial directors. Votes for write-in candidates for director shallbe permitted.

 

(b) The election shall be conducted under the direction of thecounty clerk and shall be at the expense of the sponsors of the proposeddistrict. The sponsors may apply to the county for financial help under W.S.22-29-113(c). If the proposed district is approved, and upon request of thesponsors or the county commissioners the special district shall reimburse thecost of the election.

 

(c) The formation of the district is approved if a majority ofthe votes cast on the proposition vote "for" formation.

 

(d) The county clerk shall conduct the election in accordancewith W.S. 22-29-113 through 22-29-116.

 

(e) An elector casting a ballot may vote for any directorcandidate or other questions relating to the district, regardless of whether hevoted against formation.

 

(f) Repealed By Laws 1998, ch. 115, 5.

 

(g) If the proposition to form the district fails, the directorcandidacy questions are null and void.

 

(h) If the formation question is approved, the county clerkshall send written notice of the formation to the public funds division of thedepartment of audit within ten (10) days of the canvass.

 

22-29-112. Subsequent director elections.

 

(a) Subsequent director elections shall be held on the firstTuesday after the third Monday in March or on the Tuesday next following thefirst Monday in May or November, as determined by the district and shallaccommodate staggered terms as set forth in the principal act.

 

(b) All qualified electors are entitled to vote for theelection of directors at all district elections subsequent to the formationelection, called for the purpose of electing directors.

 

(c) Not more than one hundred twenty (120) and not less thanone hundred (100) days before the election, the secretary of the district shallpublish at least once in a newspaper of general circulation in each county in whichall or part of the district is situated, a proclamation setting forth the dateof the election, what district officer is the filing officer, what offices areto be elected and the terms of office, the filing period for the offices andother pertinent election information.

 

(d) Not more than ninety (90) nor less than seventy (70) daysprevious to the holding of a subsequent director election, candidates for theoffice of trustees of special districts shall file with the secretary of thedistrict an application for election in substantial conformance with the formset forth in W.S. 22-29-110(b). The names of all qualified candidates so filedshall be printed on the ballot.

 

(e) The name of all qualified candidates shall be published ina newspaper of general circulation in each county in which the district islocated not later than ten (10) days prior to the date of such election.

 

22-29-113. General provisions relating to special district elections.

 

(a) In a special district election not held in conjunction witha general or statewide special election, absentee voting shall be conducted inaccordance with rules promulgated by the secretary of state under W.S.22-29-114 which shall be consistent with procedures for mail ballot elections.

 

(b) In a special district election the following rules shallapply:

 

(i) An elector casting a ballot may write in the name of anyperson for a director office;

 

(ii) The person or persons receiving the largest number of votesis elected to office;

 

(iii) Candidates for director offices shall not be required tofile campaign finance reports under W.S. 22-25-101 through 22-25-115.

 

(c) All special district elections which are not conducted inconjunction with any other election, shall be at the expense of the district.Provided, however, any district may apply to the county for financial help tocover election expenses. The county commissioners, in their sole discretion,shall determine whether the county provides election financial help to specialdistricts. For special district elections conducted in conjunction with otherelections, the special district may be required to pay only those expenseswhich are reasonably attributable or allocable to the district's participationin the election. The expenses shall not include any fixed cost associated withan election.

 

(d) Each year, each special district subject to this act shallfile with the county commissioners and county clerk a list of the names,addresses and terms of the current directors. The filing deadline is the lastday of April.

 

(e) No special registration shall be held for any electionauthorized under this chapter. Any voter not otherwise registered who makes anaffidavit evidencing his qualifications to vote is deemed registered for thatelection.

 

(f) In the event the establishment of a district shall fail byprotest as provided in W.S. 22-29-109(d), no action to establish such district,or any part thereof, may again be commenced for a period of six (6) months. Inthe event the establishment of the district shall fail as a result of beingdefeated at a public election no action to establish such district, or any partthereof, may again be commenced for a period of one (1) year.

 

(g) No informalities in the conduct of the formation or relatedmatters or subsequent director elections shall invalidate the formation orelection results if notice is given substantially as provided in this chapterand the election is fairly conducted.

 

(h) The official ballot shall contain the followinginformation:

 

(i) The name of the district;

 

(ii) The county or counties in which the district is located andthe date of the election;

 

(iii) The number of offices to be filled, the length of term foreach office, and the number and names of candidates for each office for whomeach voter is entitled to vote;

 

(iv) Any ballot proposition upon which the electors are requiredto vote.

 

(j) The names of candidates shall appear without partydesignation, one (1) name to a line. Sufficient blank lines for write-in candidatesshall be provided for each office.

 

(k) A tie vote shall be broken by lots cast by the canvassingauthority.

 

(m) All special district elections, including mail ballotelections, shall be overseen by the county clerk in the county wherein the specialdistrict exists. If the special district exists in more than one (1) county,the county clerk of the county wherein the largest portion of the specialdistrict exists shall oversee the election. The county clerk shall determinewhether the election shall be conducted by the county clerk or the specialdistrict, taking into account each special district's expertise, manpower andability to conduct an election. "Oversee" as used in this subsectionmay include training, advice or assistance but does not include responsibilityfor the actions, conduct or outcome of the election unless the county clerkconducts the election.

 

22-29-114. Election procedures for elections other than mail ballotelections; canvass, recount and contests.

 

(a) The secretary of state, after consultation with the countyclerks, shall promulgate rules setting forth election procedures for specialdistricts to follow for the formation and succeeding elections. These rulesshall apply to mail ballot elections but shall conform with W.S. 22-29-115 and22-29-116. These rules shall include the designation of polling places,appointment of election judges, polling place hours, filing periods, filingoffices, ballot preparation, appointment of a canvassing board, termcommencement, other provisions relating to canvass, recount, contests and otherelection procedures.

 

(b) If the election is not held in conjunction with anotherelection which requires the polls to be kept open for other hours, it shall notbe necessary to keep the polls open at any election more than five (5)consecutive hours at any time between the hours of 9:00 a.m. and 7:00 p.m. onthe day of the election, as set forth in the notice of election.

 

(c) The entire district, or any portion thereof designated bythe commissioners ordering the election, may constitute an election precinct,as set forth in the notice of election.

 

(d) An elector shall vote only at the polling place for theelection precinct in which he resides. This subsection shall not apply to mailballot elections.

 

(e) Any special district election conducted by the county clerkshall be canvassed by the county canvassing board or a canvassing boardappointed by the county clerk, consisting of two (2) electors and the countyclerk. If more than one (1) county is involved, the election shall be canvassedin accordance with chapter 16 of the Wyoming Election Code of 1973, as amended,by a canvassing board drawn from the membership of the appropriate countycanvassing boards appointed by the appropriate county commissioners. Thecommissioners shall notify the county clerks of the canvassing boardappointments. Any special district election not conducted by a county clerkshall be canvassed by a special district canvassing board. The special districtcanvassing board shall consist of the district secretary and two (2) electorsappointed by the district board. Any canvass shall be conducted in accordancewith chapter 16 of the Wyoming Election Code of 1973, as amended. The canvassshall be conducted within seven (7) days of the election. The canvassing boardshall have the authority to call for a special election in accordance with W.S.22-16-122. The canvassing board shall:

 

(i) Cause minutes of the meeting and an abstract of the votesto be compiled showing the following information:

 

(A) The total number of votes cast in the election;

 

(B) The number of votes received by each person receiving votesat each polling place;

 

(C) A statement of the offices to be filled and a declarationof the winners;

 

(D) The result of any ballot proposition.

 

(ii) Sign the abstract which then constitutes the certificationof the canvassing board and file the abstract with the county clerk at theconclusion of the canvassing board meeting.

 

(f) A candidate may request a recount of the vote in accordancewith W.S. 22-16-110.

 

(g) Any special district election may be contested inaccordance with chapter 17 of the Wyoming Election Code of 1973, as amended.

 

22-29-115. Mail ballot elections; definitions; general provisions.

 

(a) This section does not apply to a special district electionheld in conjunction with a primary, general or statewide special election. Asused in W.S. 22-29-116:

 

(i) "Election official" means the county clerk for aformation election and a county clerk or district secretary for otherelections;

 

(ii) "Mail ballot election" means an election forwhich voters cast ballots in a special district election by mail and inaccordance with this chapter;

 

(iii) "Mail ballot package" means the packet of informationprovided by the election official to voters eligible to vote in the mail ballotelection;

 

(iv) "Transmit" means to mail or to personallydeliver.

 

(b) The secretary of state, after consultation with the countyclerks, shall establish procedures for conducting mail ballot elections.

 

(c) Regardless of the number of eligible voters within thedistrict, the county commissioners may order the formation election to be amail ballot election.

 

(d) Regardless of the number of voters within its boundaries, aspecial district may, by rule or bylaw of its governing body, conduct by mailballot elections to enlarge, withdraw, merge, consolidate, dissolve or suchother election required by the principal act. A special district may by rule orbylaw pay the return postage of mail and absentee ballots.

 

(e) Upon the adoption of the rule or bylaw to conduct anelection by the mail ballot procedure, each voter shall be mailed a mailballot.

 

22-29-116. Procedures for mail ballot elections.

 

(a) Mail ballot elections shall be overseen by the county clerkas provided in W.S. 22-29-113(m). Official ballots shall be prepared and allother preelection procedures followed as otherwise provided by law or rulespromulgated by the secretary of state, except that mail ballot packets shall beprepared in accordance with the following:

 

(i) No later than forty-five (45) days prior to election day,the secretary of the special district shall request from the county clerk ofeach county in which the special district is located a list of qualifiedelectors residing within the affected district;

 

(ii) No later than thirty (30) days prior to election day, thecounty clerk of each county in which a special district is located shallcertify and submit to the election official a list of qualified electorsresiding within the affected district;

 

(iii) No sooner than twenty-five (25) days and no later thanfifteen (15) days before an election, the election official shall mail to eachlandowner who has filed a written authorization and request for a mail ballotand to each qualified elector entitled to vote in the mail ballot election, atthe last address appearing in the registration records a mail ballot packet,which shall be marked "DO NOT FORWARD-ADDRESS CORRECTION REQUESTED,"or any other similar statement which is in accordance with United States postalservice regulations;

 

(iv) The ballot or ballot label shall contain the followingwarning:

 

WARNING

 

The criminal laws regulating the conduct ofelections contained in chapter 26 of the Wyoming Election Code of 1973, asamended apply with equal force to elections conducted by mail.

 

(v) No sooner than twenty-five (25) days and no later than 4:00p.m. on election day, mail ballots shall be made available at the electionofficial's office for voters entitled to vote in the election but who are nototherwise listed on the county voter registration records if otherwiseauthorized to vote;

 

(vi) A voter may obtain a replacement ballot if the ballot wasdestroyed, spoiled, lost, or for some other reason not received by the voter.In order to obtain a replacement ballot, the voter must sign a sworn statementspecifying the reason for requesting the replacement ballot. The statementshall be presented to the election official no later than 4:00 p.m. on electionday. The election official shall keep a record of each replacement ballotissued in accordance with this section together with a list of each ballotobtained pursuant to this section. An election official shall not transmit amail ballot package under this section unless the application for thereplacement ballot is received on or before election day. A replacement ballotmay be transmitted directly to the applicant at the election official's officeor may be mailed to the voter at the address provided in the application.Replacement ballots may be cast no later than 5:00 p.m. on election day;

 

(vii) Upon receipt of a ballot, the voter shall mark the ballot,sign and complete the return-verification envelope, and comply with theinstructions provided with the ballot. The voter may return the marked ballotto the election official by United States mail or by depositing the ballot atthe office of the official or any place designated by the official. The ballotmust be returned in the return-verification envelope. The ballot shall bereceived at the office of the election official or the designated depository nolater than 5:00 p.m. on election day;

 

(viii) Once the ballot is returned, an election official shallfirst qualify the submitted ballot by examining the verification envelope andcomparing the information on the envelope to the poll list to determine whetherthe ballot was submitted by a voter who has not previously voted in theelection. If the ballot so qualifies, and is otherwise valid, the officialshall enter the name of the registered voter in the poll book, open thereturn-verification envelope, remove the ballot stub, and deposit the ballot inan official ballot box;

 

(ix) All deposited ballots shall be counted as provided in thisact and by rules promulgated by the secretary of state. A mail ballot shall bevalid and counted only if it is returned in the return-verification envelope,the affidavit on the envelope is signed and completed by the voter to whom theballot was issued and the information on the envelope is verified in accordancewith paragraph (viii) of this subsection. If the election official determinesthat a voter to whom a replacement ballot has been issued has voted more thanonce, the official shall not count any ballot cast by that voter.

 

(b) The election official responsible for conducting theelection shall provide a minimum of one (1) polling place on the day ofelection which may be the election official's office or the county clerk'soffice and shall be open for not less than five (5) consecutive hours at anytime between the hours of 9:00 a.m. and 7:00 p.m. as set forth in the notice ofelection.

 

22-29-117. Change of district name.

 

 

(a) A district may change its name from thename given it in the formation order of the county commissioners, or from thename under which it was otherwise organized, to a name chosen by resolution ofa majority of the directors.

 

(b) The directors shall not adopt aresolution for a district name change without publishing notice once of theproposed name change in a newspaper of general circulation in the county.

 

(c) All powers, rights, duties andobligations of a district which has adopted a new name shall be continued underthe new name. All references to the prior name of the district shall beconsidered references to the new name.

 

(d) A district changing its name shallimmediately notify the secretary of state if the principal act requires thatformation documents be filed with the secretary of state, the county treasurer,the county clerk and the county assessor of each county in which the districtis situated.

 

22-29-118. Directors; oath of office.

 

Alldirectors, whether elected or appointed, shall, within ten (10) days afternotification of election or appointment, take the oath of office provided inWyoming constitution, article VI, section 20, before an officer authorized toadminister oaths. The director shall also complete the written oath and withoutdelay transmit a copy of the oath in writing to the respective county clerksfor the first election and to the secretary of the district thereafter.

 

22-29-119. District officers; meeting of board; conflict of interest.

 

Each year the board of directors shall assoon as they are qualified elect a president, treasurer and secretary of thedistrict. The board of directors shall hold regular and may hold specialmeetings as they determine. No trustee shall be directly interestedfinancially in any contract, work done or property purchased by the districtunless he has made full public disclosure and the board has unanimouslyapproved his financial interest. A majority of directors constitutes a quorumfor the transaction of district business.

 

ARTICLE 2 - VACANCIES

 

22-29-201. Vacancies.

 

(a) A director's office shall be deemed tobe vacant upon the occurrence of any one (1) of the following events prior tothe expiration of the term of office:

 

(i) If for any reason a properly qualified person is notelected to a director's office by the voters as required at a regular election;

 

(ii) If a person who was duly elected orappointed fails, neglects or refuses to subscribe to an oath of office or tofurnish the bond as may be required in the principal act;

 

(iii) If a person who was duly elected orappointed submits a written resignation to the board of directors and theresignation has been duly accepted by the board of directors;

 

(iv) If the person who was duly elected orappointed ceases to be qualified for the office to which he was elected;

 

(v) If a person who was duly elected orappointed is found guilty of a felony;

 

(vi) If a court of competent jurisdictionvoids the election or appointment or removes the person duly elected orappointed for any cause whatsoever, but only after his right to appeal has beenwaived or otherwise exhausted;

 

(vii) If the person who was duly elected orappointed fails to attend three (3) consecutive regular meetings of the boardof directors without the board of directors having entered upon its minutes anapproval for at least one (1) of those absences. This provision shall not applyto instances where failure to attend the meetings was due to a temporary mentalor physical disability or illness;

 

(viii) If the person who was duly elected orappointed dies during his term of office;

 

(ix) If declared vacant by the board of county commissionersupon the failure of the district board to comply with W.S. 9-1-507(a)(vii) onor before December 30 of that same calendar year, after notice is given asprovided by W.S. 9-1-507(j).

 

22-29-202. Filling by appointment.

 

(a) A vacancy in a district director officeshall be filled by appointment by a majority of the remaining directors.However, if a vacancy exists in a majority of the offices of director, or if amajority of the directors cannot agree on an appointment, then notice of thevacancy shall be given to the county commission by either a district directoror district member. The county commission shall fill the vacancy within thirty(30) days of being notified or by the time specified in the principal act. Ifthe county commission finds that a vacancy exists in a majority of offices ofdirector or that a majority of the directors cannot agree on an appointment,the county commission may fill the vacancy by acting on its own motion withoutnotice.

 

(b) All appointments shall be evidenced byan appropriate entry in the minutes of the meeting at which the appointment wasmade.

 

(c) An appointee to the office of directorshall serve until the next regular election.

 

(d) The appointed person before undertaking the duties ofoffice shall take an oath of office in accordance with W.S. 22-29-118.

 

(e) The term of office of an appointeddirector begins on the day the appointee accepts the appointment unless theletter of resignation of the prior incumbent specifies a later date, which datethen shall be the beginning of the appointee's term.

 

(f) Any vacancy created by failure of the board to comply withW.S. 9-1-507(a)(vii) shall be filled by appointment by the board of countycommissioners for the sole purpose of acting as trustee to dissolve thedistrict without election pursuant to W.S. 22-29-401 et seq.

 

ARTICLE 3 - ENLARGEMENT, CONSOLIDATION, MERGER AND CHANGE OFBOUNDARIES

 

22-29-301. Enlargement petitions.

 

(a) When any voters or landowners of an area wish to join adistrict, they may file an enlargement petition with the county commissioners.Unless otherwise provided under this subsection, the petition for enlargementmay include provisions allowing the board of district directors to be enlargedby one (1) or more positions to be filled by voters residing or located in thenew area, the number of positions to be determined by the petitioners and thedistrict directors of the existing district. Before the petition is filed withthe county commissioners, it shall be approved by the directors of the affecteddistrict and by any other agency also required by the principal act to approvethe petition. The petition process shall be governed by W.S. 22-29-105 through22-29-108. An election need not be held on an enlargement petition if thepetition alleges and the county commissioners find:

 

(i) All landowners and all voters, if any, within the new areaand the board of directors of the district agree to the inclusion of the newarea within the district.

 

(ii) Repealed by Laws 2008, Ch. 22, 2.

 

(b) W.S. 22-29-109 applies to the proceedingconducted by the county commissioners and the rights, powers and duties ofpetitioners and other persons having an interest in the proceedings. The countycommissioners shall approve or disapprove the enlargement petition.

 

(c) Except as provided under subsection (a) of this section, ifthe enlargement petition is approved, there shall be an election which shall beconducted under this act. At the enlargement election, there shall also beelected temporary directors whose terms shall expire at the next regulardistrict director election. At the first regular election following theenlargement election, the total number of directors shall be as stated in theprincipal act.

 

22-29-302. Merger of districts; effect.

 

(a) A district may merge with another district even if formedunder different principal acts, if the merger is first approved by the countycommissioners and approved by the voters of each district. The districtsincluded in the merger shall be considered joined to and absorbed into thesurviving district.

 

(b) If the merger is approved, the districtdirectors and officers of the merging districts shall transfer to the directorsof the surviving district all funds, property, contracts and records of themerging districts. Upon the effective date of the merger:

 

(i) The surviving district shall succeed toall the property, contracts, rights and powers of the merging districts, andshall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the merging districts shall become the property of thesurviving district and upon collection shall be credited to the account of thesurviving district; and

 

(iii) The surviving district shall becomeliable for all the obligations, legal and contractual, of the mergingdistricts.

 

22-29-303. Consolidation of districts; effect.

 

(a) Two (2) or more districts even if formed under differentprincipal acts may consolidate and form a new district if the consolidation isfirst approved by the county commissioners and approved by the voters. Thedistricts included in the consolidation shall be considered joined into asingle new district.

 

(b) If the consolidation is approved, thedistrict directors and officers of the consolidating districts shall transferto the directors of the successor district all funds, property, contracts andrecords of the consolidating districts. Upon the effective date of theconsolidation:

 

(i) The successor district shall succeed toall the property, contracts, rights and powers of the consolidating districts,and shall constitute and be a regularly organized district as if originallyorganized in the manner provided by the principal act;

 

(ii) Uncollected taxes, assessments orcharges levied by the consolidating districts shall become the property of thesuccessor district and upon collection shall be credited to the account of thesuccessor district; and

 

(iii) The successor district shall becomeliable for all the obligations, legal or contractual, of the consolidatingdistricts.

 

22-29-304. Initiation of merger and consolidation; election.

 

(a) The voters of two (2) or more districts may initiateproceedings to merge or consolidate districts by filing a petition with thedirectors of the districts to be merged or consolidated. The petition shall becirculated and jointly verified in accordance with W.S. 22-29-105 and 22-29-108by the secretaries of the districts involved. The petition shall state the nameof the surviving or successor district. If two (2) or more districts planningto merge or consolidate have been formed under two (2) different principalacts, the petition shall also state under what principal act the merged orconsolidated district shall operate. The principal act under which the mergedor consolidated district shall operate may be different than the principal actsgoverning the original districts. In addition, the petition of merger orconsolidation shall set forth provisions pertaining to the composition of theboard of the new district until the next district election. The board of thenew district may be composed of members of the combined boards. At the nextregular district election members shall elect a new board. Thereafter themerged or consolidated board shall operate with the number of directorsapplicable under the principal act.

 

(b) Upon the district secretary certifying the petition, thedirectors of the districts shall order an election which shall be conducted inaccordance with W.S. 22-29-113 through 22-29-117 and 22-29-305.

 

(c) Merger or consolidation may also be initiatedby resolution adopted by the directors of two (2) or more districts. Theresolution shall contain all the matters required to be stated in a petition tomerge or consolidate. Upon the adoption of these resolutions, the directors ofthe district shall order an election which shall be conducted as provided insubsection (b) of this section.

 

22-29-305. Specific provisions relating to enlargement, merger andconsolidation elections.

 

(a) The elections effecting enlargement,merger or consolidation shall be governed by the following specific rules:

 

(i) For enlargement elections, the voters of both the existingdistrict and the area to be added shall be entitled to vote;

 

(ii) For merger and consolidation elections, the voters of allthe affected districts shall be entitled to vote;

 

(iii) If a majority of those voting in each district on theproposition favor the proposition, then it shall pass;

 

(iv) For enlargement elections, if the voters of the existingdistrict have approved by election a mill levy to finance the operation of thedistrict, then the voters of the area to be added shall also be required at theenlargement election to approve the same mill levy. If a majority of the votersin the area to be added voting on the proposition fails to approve the milllevy, then the enlargement, whether or not approved under paragraph (iii) ofthis subsection, shall fail. This paragraph shall not apply to an enlargementin which no election is required under W.S. 22-29-301(a);

 

(v) For merger and consolidation elections, if the voters of anexisting district have approved by election a mill levy to finance theoperations of the district and the other district has no mill levy or a lowermill levy, the voters of that other district shall also be required at themerger or consolidation election to approve a mill levy at the same level asthe existing district or increase an existing mill levy to the same level asthe existing district. If a majority of the voters in the other district votingon the proposition fails to approve or increase the mill levy as required, thenthe merger or consolidation, whether or not approved under paragraph (iii) ofthis subsection, shall fail.

 

22-29-306. Rights of creditors after change of organization;enforcement.

 

 

(a) No change of organization, or any termor condition thereof, shall impair the rights of any bondholder or othercreditor of a district. Every bondholder or other creditor may enforce all therights of the bondholder or other creditor in the same manner and to the sameextent as if the change of organization, term or condition had not been made.Any of these rights may also be enforced against agencies, and their respectiveofficers, as follows:

 

(i) Upon enlargement of the territory,against the district to or from which the territory is enlarged;

 

(ii) Upon dissolution of a district, againstthe successor city, county or district or against a city, county or districtreceiving distribution of all or any part of the remaining assets of thedissolved district;

 

(iii) Upon merger of two (2) or moredistricts, against the surviving district;

 

(iv) Upon consolidation of two (2) or moredistricts, against the successor district.

 

22-29-307. Change in boundaries of districts; exclusion of property fromdistrict.

 

Anyowner of property that is subject to assessment and payment of tax by a specialdistrict, but who is precluded by applicable state or federal law, rule orregulation from using the services provided by the district, may file with theboard of county commissioners a petition praying that such lands be excludedfrom assessment by said district. Petitions shall describe the property whichthe petitioners desire to have excluded. Such petition must be accompanied by adeposit of money sufficient to pay all costs of the exclusion proceedings. Thecounty commissioners shall cause a notice of filing of such petition to bepublished, which notice shall state the filing of such petition, the name ofpetitioners, description of the property mentioned in said petition, and theprayer of said petitioners; and it shall notify all persons interested toappear at the office of said board at the time named in said notice, showingcause in writing, if any they have, why said petition should not be granted. Theboard at the time and place mentioned in the notice, or at the times to whichthe hearing of said petition may be adjourned, shall proceed to hear thepetition and all objections thereto, presented in writing by any person showingcause why the prayer of the petition should not be granted. The filing by suchpetition shall be deemed and taken as an assent by each and all suchpetitioners to the exclusion from the district of the property mentioned in thepetition or any part thereof. The exclusion shall be allowed if an owner ofassessed property is precluded by applicable state or federal law, rule, orregulation from using the services provided by the district. This section shallbe applicable only to petitions filed in accordance with the provisions of thissection on or before March 31, 1999.

 

ARTICLE 4 - DISSOLUTION

 

22-29-401. Dissolution procedure.

 

(a) Dissolution of a district may beinitiated:

 

(i) By a petition sig

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