Laws governing recall in Wyoming
Who may be recalled?
In Wyoming, the right of recall extends to any elected officer of a city or town that is operating under the commission form of government.
It does not extend to county officials, officials of special districts, members of school boards, members of the Wyoming State Legislature, representatives from Wyoming to the U.S. Congress or to statewide constitutional officers such as the Governor of Wyoming.
Features of the law
A recall campaign may begin at any time after the election of the targeted official.
Grounds not required
Wyo. Stat. §15-4-110 does not require that any specific events must have taken place to justify launching a recall. However, the petition must state what grounds are motivating the recall; the law, however, does not say that some reasons for a recall are sufficient while others are not.
- See also: Wyoming signature requirements
To trigger a recall election, signatures equalling 25% of all registered electors in the relevant city or town must be gathered and submitted.
Time allowed to collect signatures
Wyo. Stat. §15-4-110 does not mention a limited period of time within which the signatures must be collected; the inference is that there is no such limit on how many days, weeks or months are allowed for the collection of the signatures required to trigger a recall.
Date of recall election
Once the signatures are submitted, the clerk of the relevant city is required to inspect them for sufficiency within 10 days from the date that they are submitted. If the clerk determines in that 10-day period that the signatures are sufficient, the governing body of the city is to be notified of that fact "without delay." The governing body is then required to set a date for the recall election that is "not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate of sufficiency."
Text of Wyo. Stat. §15-4-110
The text of Wyo. Stat. §15-4-110 says:
- (a) Any elected officer may be removed at any time by the qualified electors in the following manner: a petition signed by at least twenty-five percent (25%) of all the registered electors and demanding an election of a successor of the person sought to be removed shall be filed with the city clerk. The petition shall contain a general statement of the grounds for removal. The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his signature his place of residence, giving the street and number. One (1) of the signers of each paper shall make oath before a competent officer that the statements therein made are true as he believes, and that each signature is the genuine signature of the person whose name it purports to be. Within ten (10) days from the date of filing the petition the clerk shall determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the commission shall allow him extra help for that purpose. The clerk shall attach to the petition his certificate, showing the result of his examination. If the petition is insufficient, it shall be returned to the person who filed it, without prejudice to the filing of a new petition to the same effect. If the petition is sufficient, the clerk shall submit it to the governing body without delay. The governing body shall then fix a date for holding the election, not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate of sufficiency. The commission shall publish notice and arrange for holding the election, which shall be conducted in the same manner as other city elections.
- (b) Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing at least ten (10) days prior to the date of the special primary election, the clerk shall place his name on the official ballot without nomination. On the second Tuesday preceding the date fixed for the special election, a special primary election for the selection of candidates shall be held. The special primary election and nomination are governed by the provisions of this article. If the person sought to be removed is a candidate, one (1) opposing candidate shall be selected at the special primary election. The special primary election shall be held if there are more than two (2) nominees, one (1) of whom may be incumbent. If there are no candidates nominated against the officer sought to be removed, no special election will be held and the incumbent shall continue in office.
- (c) In any removal election the candidate receiving the highest number of votes is elected. The incumbent shall be removed from office upon the qualification of his successor, who shall hold office during the unexpired portion of the term for which his predecessor was elected. If the person who receives the highest number of votes fails to qualify within ten (10) days after receiving notification of election the office is vacant. This method of removal is in addition to any other methods provided by law.