Laws governing the initiative process in Wyoming

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• Changes in the law

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Citizens of Wyoming may initiate legislation as a state statute. Although the state does not provide for indirect initiatives, legislators may avert a ballot measure vote by passing substantially similar legislation. In Wyoming, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments. The Wyoming State Legislature, however, may place legislatively-referred constitutional amendments on the ballot with a two-thirds majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Wyoming, each proposed measure must address only one subject expressed in its title.

See law: Wyoming Constitution, Article 3, Section 24 & Section 52(g) ; Wyoming Statutes, Title 22, Chapter 24, Section 105(a) & Wyoming NARAL v. Karpan

Subject restrictions

See also: Subject restrictions (ballot measures)

In Wyoming, an initiated measure may not, "dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, enact local or special legislation, or enact that prohibited by the constitution for enactment by the legislature."

See law: Wyoming Constitution, Article 3, Section 52(g)

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Wyoming ballot measures

Wyoming law does not address conflicting ballot measures.

See law: Wyoming Constitution, Article 3, Section 52 & Wyoming Statutes, Title 22, Chapter 24

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to circulation, proponents must submit the text of the measure and designate three registered Wyoming voters to represent the initiative campaign as sponsors. There is a $500 filing fee.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 103 & 104

Proposal review/approval

See also: Approved for circulation

Along with the application, sponsors must submit a copy of the proposed law to the Secretary of State for review. The Secretary, Legislative Service Office, and other executive departments may collaborate in reviewing the law. Once their review is complete, the Secretary holds a conference with the sponsors to explain any suggested revisions. These recommendations are not binding.

When sponsors have settled on the final version of the legislation, they must submit this version to the Secretary of State along with the Secretary's comments and the signatures of 100 additional registered voters. After the conference, sponsors have 5 days to decide whether to amend their proposal.

See law: Wyoming Statutes, Title 22, Chapter 24, Section 105

Fiscal review

See also: Fiscal impact statement

If the Secretary of State believes that the measure will have a fiscal impact on the state, a fiscal impact statement is also prepared during the review process. The estimate does not consider local finances and may be modified if sponsors provide evidence convincing the Secretary that the estimate is in error. However, if in their final estimates the Secretary and sponsors remain more than $25,000 apart, both estimates must be reflected on the ballot as a range.

See law: Wyoming Statutes, Title 22, Chapter 24, Section 105

Petition summary

See also: Ballot measure summary statement

Once the final application been submitted and accepted. The Secretary of State prepares the petition form, drafting an impartial summary of the initiative. This summary, along with the text of the measure, is included on the petition form. Copies of the petition are also prepared by the Secretary at the sponsor's expense.

See law: Wyoming Statutes, Title 22, Chapter 24, Section 110

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Wyoming signature requirements

The signature requirement in Wyoming is based on the number of votes cast in the state's most recent general election--held every two years. However, in most I&R states, the number of signatures required is based on gubernatorial elections--almost always held every four years. As a result of Wyoming's atypical system, the number of signatures changes significantly every two years due to the fact that voter turnout for presidential elections is generally much higher than in mid-term elections.

More specifically, initiated state statutes and veto referendums require signatures equal to 15% of the total ballots cast in the previous general election. This is the highest signature requirement of any state, even considering requirements for initiating constitutional amendments. Citizen-initiated amendments are not allowed in Wyoming.

Year	Votes cast in most recent general election	Initiated statute	Veto referendum
2014	250,701	37,606	37,606
2012	190,822	28,623	28,623
2010	256,035	38,406	38,406
2008	196,217	29,433	29,433
2006	245,789	36,899	36,899
2004	188,028	28,204	28,204

See law: Wyoming Constitution, Article 3, Section 52(c)

Distribution requirements

See also: Distribution requirements

In Wyoming, signatures equal to 15% of the total number of voters in the preceding general election must be collected in each of 2/3 of the state's 23 counties. This requirement was established by Wyoming Amendment B in 1998. In 2008, another amendment, also called Amendment B, tried unsuccessfully to change the basis of this requirement to Wyoming State Senate districts.

See law: Wyoming Constitution, Article 3, Section 52(c)

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Wyoming does not permit paying circulators by the signature. In addition, sponsors are required to register circulators with the state and verify, under oath, the names, addresses, and eligibility of each circulator.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 107 & 125(a)

Out-of-state circulators

See also: Residency requirements for petition circulators

Wyoming requires petition circulators to be "a citizen of the United States" and "a bona fide resident of Wyoming."

See law: Wyoming Statutes, Title 22, Chapter 24, Section 107

Badge requirements

See also: Badge requirements

Wyoming requires that any petition circulated by a paid signature gatherer bear the following notice on each page in large, red letters: "This circulator is being paid to solicit signatures for this ballot proposition." In addition, Wyoming law requires the notice to be "prominently displayed and made visible to the petition signer by the circulator."

See law: Wyoming Statutes, Title 22, Chapter 24, Section 125(a)

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. In Wyoming, petition sheets are prepared by the state and must be circulated in person.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 112

Deadlines for collection

See also: Petition drive deadlines; Circulation period

Citizen initiatives As soon as petition sponsors have received the petition form from the state, they have 18 months to collect signatures and file their petitions. If sufficient signatures have been gathered, the measure is presented to voters at the next general election after a legislative session has convened and adjourned.

Veto referendum Sponsors of veto referendums have 90 days after the adjournment of the legislative session in which the act was passed to circulate petitions.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 115 & 119

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

In Wyoming, petitioners must file their completed petition with the Secretary of State, who counts and verifies each signature.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 116

Ballot title and summary

See also: Ballot title

Once a petition has been found sufficient, the ballot language of the proposition is prepared. The summary and fiscal impact statements prepared upon initial filing are included in this language. Each measure also receives a generic title (Constitutional Amendment A, Constitutional Amendment B...).

If the measure concerns the investment of permanent state funds, the Wyoming Treasurer must prepare an estimate of the impact of the measure on state revenue. Like the earlier statement, if in their final estimates the Treasurer and sponsors are more than $25,000 apart, the range of estimates must be reflected in the estimate.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 117

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

All Wyoming measures require affirmative votes from a majority of those casting a ballot in the general election--not just of those casting a vote on the measure. This also applies to legislatively-referred constitutional amendments.

See law: Wyoming Constitution, Article 3, Section 52(f)

Effective date

In Wyoming, approved measures take effect 90 days after the official certification of results by the Secretary of State.

See law: Wyoming Constitution, Article 3, Section 52(f)

Litigation

See also: Ballot measure lawsuit news

Any challenge to official decisions made during the initiative process may be brought in the District Court of Laramie County. Circulator residency challenges should be filed in the circuit court or district court of the county where the circulator was gathering signatures.

See law: Wyoming Statutes, Title 22, Chapter 24, Sections 114

Legislative tampering

See also: Legislative tampering

The Wyoming State Legislature may not repeal an approved measure for two years after it takes effect. It may be amended at any time by a simple majority vote.

See law: Wyoming Constitution, Article 3, Section 52(f)

Re-attempting an initiative

Once a measure has been defeated at the ballot box, no measure "substantially the same" as the one defeated may be filed for verification within five years.

See law: Wyoming Constitution, Article 3, Section 52(d)

Funding an initiative campaign

See also: Campaign finance requirements for Wyoming ballot measures

Some of the notable features of Wyoming's campaign finance laws include:

• Wyoming treats groups in support or opposition of a ballot measure the same as other political action committees.
• Wyoming allows groups in support or opposition of a ballot measure to communicate its stance on behalf of a candidate or a state/local party organization.
• Individual contributors are limited to $25,000 over a two year period, while corporations, labor unions, party organizations, and other PAC's have no limits.
• Wyoming allows corporations and labor unions to donate to Political Action Committees in support or opposition of a ballot measure.
• Wyoming requires the first campaign finance report to be filed within 10 days of qualifying a ballot measure.
• Wyoming bans advertising agencies from charging more than the fair market value for placing advertisements.

State initiative law

Article 3 of the Wyoming Constitution addresses initiatives.

• Article 3, Wyoming Constitution

Title 22, Chapter 24 of the Wyoming Statutes governs initiatives.

• Wyoming Statutes, Title 22, Chapter 24

External links

• Wyoming Secretary of State, Initiative & Referendum
• Wyoming Secretary of State, "Initiative & Referendum Process Information" (Handbook)
• Wyoming Secretary of State, "Initiative and Referendum Summary Sheet" (Historical Measures)

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Wyoming.

Proposed changes by year

2012

See also: Changes in 2012 to laws governing ballot measures

As of May 2013, no bills were introduced in the Wyoming State Legislature.

2011

See also: Changes in 2011 to laws governing ballot measures

No proposed changes were identified in 2011.

2010

See also: Changes in 2010 to laws governing the initiative process

The following bills were introduced in the Wyoming Legislature: d HB 115: Allowing voters via petition to ask for specific excise taxes to be placed on the ballot for voter approval. The bill was approved by the Wyoming House of Representatives by a 33-24 vote on February 24, 2010, but died in Senate committee.