Full text of "Election laws of the state of Wyoming, 1920"

See other formats

: i
i

JK
W8A5

1320

UC-NRLF

$B EE 212

ELECTION LAWS

OF THE

STATE OF WYOMING

1920

PUBLISHED BY AUTHORITY AND ONDER THE
SUPERVISION OF

W. E. CHAPLIN

Secretary of State

ELECTION LAWS

OF THE

STATE OF WYOMING

1920

PUBLISHED BY AUTHORITY AND UNDER THE
SUPERVISION OF

W. E. CHAPLIN

Secretary of State

1920

WYOMING LABOR JOURNAL COMPANY
CHEYENNE

• • • •• •■

m)<?

^^c

CALENDAR, 1920

JANUARY FEBRUARY MARCH

S|M| T|W

1 T

T IF

23 24

—

APRIL MAY JUNE

T IF

—

23
30

24
51

—

JULY AUGUST SEPTEMBER

Ml T

T F 1

OCTOBER NOVEMBER DECEMBER

T P S

T F 1

S Ml

W T 1

F,,S|

__ 1

' 3

7 8

—

WYOMING ELECTIONS, 1920

Primary Election August 17

General Election November 2

ELECTION LAWS

OF THE

STATE OF WYOMING

CONSTITUTIONAL PROVISIONS

ARTICLE I.

DECLARATION OP RIGHTS.

Sec. 27. Elections — No interference with. Elections shall be open,
free and equal, and no power, civil or military, shall at any time interfere
to prevent an untrammeled exercise of the right of suffrage.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

Sec. 2. Senators' term and qualifications. Senators shall be elected
for the term of four (4) years and representatives for the term of two (2)
years. The senators elected at the first election shall be divided by lot
into two classes as nearly equal as may be. The seats of senators of the
first class shall be vacated at the expiration of the first two years, and of
the second class at the expiration of four years. No person shall be a
senator who has not attained the age of twenty -five years, or a representa-
tive who has not attained the age of twenty-one years, and who is not a
citizen of the United States, and of this state, and who has not for at least
twelve months next preceding his election resided within the county or
district in which he was elected.

state V. Barber, 4 Wyo. 95, 32 Pac. 14; State v. Schnitger, 16 Wyo. 501, 95 Pac. 698.

Sec. 4. Vacancies — How filled. When vacancies occur in either
house by death, resignation or otherwise, such vacancy shall be filled for
the remainder of the term by special election, to be called in such manner
as may be prescribed by law.

state V. Schnitger, 16 Wyo. 502, 510, 95 Pac. 698.

Sec. 5. Members elected — When. Members of the senate and house
of representatives shall be elected on the day provided by law for the gen-
eral election of a member of congress, and their term of office shall begin
on the first Monday of January thereafter.

Sec. 8. Members disqualified for other office. No senator or repre-
sentative shall, during the term for which he was elected, be appointed to
any civil office under the state, and no member of congress. or other person
holding an office (except that of notary public or an office in the militia)

Ml4y094

4 ELECTION LAWS OF WYOMING, 1920.

under the United States or this state, shall be a member of either house
during his continuance in office.

Ross V. State, 8 Wyo. 366, 57 Pac. 924.

APPORTIONMENT.

Section 1. Congressional representation. One representative in the
congress of the United States shall be elected from the state at large, the
Tuesday next after the first Monday in November, 1890, and thereafter at
such times and places, and in such manner as may be prescribed by law.
When a new apportionment shall be made by congress, the legislature
shall divide the state into congressional districts accordingly.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

Sec. 2. Governor — Qualifications of. No person shall be eligible to
the office of governor unless he be a citizen of the United States and a
qualified elector of the state, who has attained the age of thirty years, and
who has resided five years next preceding the election within the state or
territory, nor shall he be eligible to any other office during the term for
which he was elected.

state V. Schnitger, 17 Wyo. 83, 96 Pac. 238.

Sec. 3. How elected. The governor shall be elected by the qualified
electors of the state at the time and place of choosing members of the
legislature. The person having the highest number of votes for governor
shall be declared elected, but if two or more shall have an equal and high-
est number of votes for governor, the two houses of the legislature at its
next regular session shall forthwith, by joint ballot choose one of such
persons for said office. The returns of the election for governor shall be
made in such manner as shall be prescribed by law.

Sec. 7. Vacancies in office — How filled. When any office from any
cause becomes vacant, and no mode is provided by the constitution or law
for filling such vacancy, the governor shall have the power to fill the same
by appointment.

In re. Fourth Judicial Dist., 4 Wyo. 148, 32 Pac. 850; State v. Henderson, 4 Wyo. 535,
544, 35 Pac. 517; State v. Grant, 12 Wyo. 6, 73 Pac. 470; State v. Brooks, 14 Wyo. 416,
84 Pac. 488.

Sec. 11. State officers — What — Term. There shall be chosen by the
qualified electors of the state at the times and places of choosing members
of the legislature, a secretary of state, auditor, treasurer, and superin-
tendent of public instruction, who shall have attained the age of twenty-
five years respectively, shall be citizens of the United States, and shall
have the qualifications of state electors. They shall severally hold their
offices at the seat of government for the term of four (4) years and until
their successors are elected and duly qualified, but no person shall be
eligible for the office of treasurer for four (4) years after the expiration
of the term for which he was elected. The legislature may provide for
such other state officers as are deemed necessary.

state V. Henderson, 4 Wyo. 545, 35 Pac. 517; State v. Brooks, 14 Wyo. 415, 419,
84 Pac. 488,

ELECTION LAWS OF WYOMING, 1920. 5

ARTICLE V.

JUDICIAL DEPARTMENT.

Sec. 4. Justices of supreme court — Election — Terms. The supreme
court of the state shall consist of three justices who shall be elected by
the qualified electors of the state at a general state election at the times
and places at which state officers are elected; and their term of office
shall be eight (8) years, commencing from and after the first Monday in
January next succeeding their election; and the justices elected at the
first election after this constitution shall go into effect shall, at their first
meeting provided by law, so classify themselves by lot that one of them
shall go out of office at the end of four (4) years, and one at the end of
six (6) years, and one at the end of eight (8) years from the commence-
ment of their term, and an entry of such classification shall be made in
the record of the court and signed by them, and a duplicate thereof shall
be filed in the office of the secretary of state. The justice having the
shortest term to serve and not holding his office by appointment or elec-
tion to fill a vacancy, shall be the chief justice and shall preside at all
terms of the supreme court, and, in case of his absence, the justice having
in like manner the next shortest term to serve, shall preside in his stead.
If a vacancy occur in the office of a justice of the supreme court, the gov-
ernor shall appoint a person to hold the office until the election and quali-
fication of a person to fill the unexpired term occasioned by such vacancy,
which election shall take place at the next succeeding general election.
The first election of the justices shall be at the first general election after
this constitution shall go into effect.

> In re. Moore, 4 Wyo, 109, 31 Pac. 980; State v. Brooks, 14 Wyo. 420, 84 Pac. 488; State
V. Schnitger, 17 Wyo. 65, 96 Pac. 238.

Sec. 8. Who eligible as justice. No person shall be eligible to the
office of justice of the supreme court unless he be learned in the law, have
been in actual practice at lea^t nine (9) years, or whose service on the
bench of any court of record, when added to the time he may have prac-
ticed law, shall be equal to nine (9) years, be at least thirty years of age
and a citizen of the United States, nor unless he shall have resided in this
state or /territory at least three years.

Sec. 12. Who eligible as judge. No person shall be eligible to the
office of judge of the district court unless he be learned in the law, be at
least twenty-eight years of age, and a citizen of the United States, nor
unless he shall have resided in the state or territory of Wyoming at least
two years next preceding his election.

Sec. 13. Clerks of district courts. There shall be a clerk of the dis-
trict court in each organized county in which a court is holden who shall
be elected, or, in case of vacancy, appointed in such manner and with such
duties and compensation as may be prescribed by law.

Sec. 22. Justices of the peace — Jurisdiction of. The legislature shall
provide by law for the election of justices of the peace in each organized
county within the state. But the number of said justices to be elected in
each organized county shall be limited by law to &uch number as shall be
necessary for the proper administration of justice. The justices of the
peace herein provided for shall have concurrent jurisdiction with the
district court in all civil actions where the amount in controversy, exclu-
sive of costs, does not exceed two hundred dollars, and they shall have
such jurisdiction to hear and determine cases of misdemeanor as may be

6 ELECTION LAWS OF WYOMING, 1920.

provided by law, but in no case shall said justices of the peace have
jurisdiction when the boundaries of or title to real estate shall come into
question.

In re. Fourth Judicial Dist., 4 Wyo. 144, 149, 32 Pac. 850; Grain v. Bode, 5 Wyo, 260,
39 Pac, 747; Ballantyne v. Bower, 17 Wyo. 363, 99 Pac. 869.

Sec. 27. Judges shall not hold other office. No judge of the supreme
or district court shall be elected or appointed to any other than judicial
offices or be eligible thereto during the term for which he was elected or
appointed such judge.

ARTICLE VI.

SUFFRAGE.

Section 1. Equal rights. The rights of citizens of the state of Wyo-
ming to vote and hold office shall not be denied or abridged on account of
sex. Both male and female citizens of this state shall equally enjoy all
civil, political and religious rights and privileges.

McKinney v. State, 3 Wyo. 719, 30 Pac. 293; Slaymaker v. Phillips, 5 Wyo. 453, 40 Pac.
971, 42 Pac. 1049; Rasmussen v. Baker, 7 Wyo. 126, 50 Pac. 819.

Sec. 2. Qualification of electors. Every citizen of the United States
of the age of twenty-one years and upwards, who has resided in the state
or territory one year and in the county wherein such residence is located
sixty days next preceding any election, shall be entitled to vote at such
election, except as herein otherwise provided.

Slaymaker v. Phillips, 5 Wyo. 462, 40 Pac. 971, 42 Pac. 1049; Rasmussen v. Baker,
7 Wyo. 126, 50 Pac. 819; State v. Brooks, 17 Wyo. 353, 99 Pac. 874.

Sec. 3. Privileged from arrest — When. Electors shall in all cases
except treason, felony or breach of the peace, be privileged from arrest on
the days of election during their attendance at elections, and going to
and returning therefrom.

Sec. 4. Exemption from military duty. No elector shall be obliged
to perform militia duty on the day of election, except in time of war or
public danger.

Sec. 5. Must be citizen of United States. No person shall be deemed
a qualified elector of this state, unless such person be a citizen of the
United States.

state V. Brooks, 14 Wyo. 415, 84 Pac. 488.

Sec. 6. Disqualified — When. All idiots, insane persons, and persons
convicted of infamous crimes, unless restored to civil rights, are excluded
from the elective franchise.

state V. Schnitger, 17 Wyo. 78, 96 Pac. 238.

Sec. 7. Residence not lost. No elector shall be deemed to have lost
his residence in the state, by reason of his absence on business of the
United States, or of this state, or in the military or naval service of the
United States.

Sec. 8. Soldiers not residents. No soldier, seaman, or marine in the
army or navy of the United States shall be deemed a resident of this state
in consequence of his being stationed therein.

Sec. 9. Educational qualification. No person shall have the right to
vote who shall not be able to read the constitution of this state. The pro-
visions of this section shall not apply to any person prevented by physical
disability from complying with its requirements.

Rasmussen v. Baker, 7 Wyo. 126, 50 Pac. 819.

ELECTION LAWS OP WYOMING, 1920. 7

Sec. 10. Five year limit. Nothing herein contained shall be con-
strued to deprive any person of the right to vote who has such right at
the time of the adoption of this constitution, unless disqualified by the
restrictions of section six of this article. After the expiration of five years
from the time of the adoption of this constitution, none but citizens of the
United States shall have the right to.vote.

Rasmussen v. Baker, 7 Wyo. 126, 50 Pac. 819.

Sec. 11. Election — How held. All elections shall be by ballot. The
legislature shall provide by law that the names of all candidates for the
same office, to be voted for at any election, shall be printed on the same
ballot, at public expense, and on election day to be delivered to the voters
within the polling place by sworn public officials, and only such ballots so
delivered shall be received and counted. But no voter shall be deprived
of the privilege of writing upon the ballot used the name of any other
candidate. All voters shall be guaranteed absolute privacy in the prep-
aration of their ballots, and the secrecy of the ballot shall be made com-
pulsory.

Slaymaker v. Phillips, 5 Wyo. 462, 40 Pac. 971, 42 Pac. 1049.

Sec. 12. Prior registration required. No person qualified to be an
elector of the state of Wyoming, shall be allowed to vote at any general
or special election hereafter to be holden in the state, until he or she shall
have registered as a voter according to law, unless the failure to register
is caused by sickness or absence, for which provision shall be made by
law. The legislature of the state shall enact such laws as will carry into
effect the provisions of this section, which enactment shall be subject to
amendment, but shall never be repealed; but this section shall not apply
to the first election held under this constitution.

ELECTIONS.

Section 1. Purity of oJection provided for. The legislature shall
pass laws to secure the purity of elections, and guard against abuses of
the 'elective franchise.

Slaymaker v. Phillips, 5 Wyo. 462, 40 Pac. 971.

Sec. 2. Contests how tried. The legislature shall, by general law,
designate the courts by which the several classes of election contests not
otherwise provided for,. shall be tried, and regulate the manner of trial
and all matters incident thereto ; but no such law shall apply to any con-
test arising out of an election held before its passage.

Turner v. Hamilton, 13 Wyo. 408, 80 Pac. 664.

Sec. 3. Qualifications for office. No person except a qualified elector
shall be elected or appointed to any civil or military office in the state.

Sec. 4. Officers hold over when. Every person holding any civil
office under the state or any municipality therein shall, unless removed
according to law, exercise the duties of such office until his successor is
duly qualified, but this shall not apply to members of the legislature, nor
to members of any board of assembly, two or more of whom are elected at
the same time. The legislature may by law provide for suspending any
officer in his functions, pending impeachment or prosecution for miscon-
duct in office.

Ballantyne v. Bower, 17 Wyo. 362, 99 Pac. 869.

- Sec. 5. General and special elections. All general elections for state
and county officers, for members of the house of representatives and the
senate of the state of Wyoming, and representatives to the congress of the

8 ELECTION LAWS OF WYOMING, 1920.

United States, shall be held on the Tuesday following the first Monday in
November of each even year. Special elections may be held as now, or as
may hereafter be provided by law. All state and county officers elected
at a general election shall enter upon their respective duties on the first
Monday in January next following the date of their election, or as soon
thereafter as may be possible.

In re. Moore, 4 Wyo. 106, 31 Pac. 980; Ballantyne v. Bower, 17 Wyo. 361, 99 Pac. 869.

Sec. 6. Officers not provided for. All officers whose election is not
provided for in this constitution, shall be elected or appointed as may be
directed by law.

Sec. 7. Persons disqualified to hold office. No member of congress
from this state, nor any person holding or exercising any office or appoint
ment of trust or profit under the United States, shall at the same time
hold or exercise any office in this state to which a salary, fees or per-
quisites shall be attached. The legislature may by law declare what
offices are incompatible.

Sec. 8. Oath of office — Form of. Senators and representatives and
all judicial, state and county officers shall, before entering upon the duties
of their respective offices, take and subscribe the following oath or affirm-
ation: ''I do solemnly swear (or affirm) that I will support, obey and
defend the constitution of the United States, and the constitution of this
state, and that I will discharge the duties of my office with fidelity ; that
I have not paid or contributed or promised to pay or contribute, either
directly or indirectly, any money or other valuable thing, to procure my
nomination or election, (or appointment) except for necessary and proper
expenses expressly authorized by law ; that 1 have not, knowingly, vio-
lated any election law of the state, or procured it to be done* by others in
my behalf ; that I will not knowingly receive, directly or indirectly, any
money or other valuable thing for the performance or non-performance
of any act or duty pertaining to my office, other than the compensation
allowed by law."

Sec. 9. Oath — How administered. The foregoing oath shall be ad-
ministered by some person authorized to administer oaths, and in the case
of state officers and judges of the supreme court, shall be filed in the office
of the secretary of state, and in the case of othei: judicial and county of-
ficers in the office of the clerk of the county in which the same is taken;
any person refusing to take said oath or affirmation shall forfeit his office,
and any person who shall be convicted of having sworn or affirmed falsely,
or of having violated said oath or affirmation, shall be guilty of perjury,
and be forever disqualified from holding any office of trust or profit within
this state. The oath to members of the senate and house of representa-
tives shall be administered by one of the judges of the supreme court or a
justice of the peace, in the hall of the house to which the members shall be
elected.

ARTICLE XII.

COUNTY ORGANIZATION.

Sec. 2. New counties — Organization of. The legislature shall pro
vide by general law for organizing new counties, locating the county sea^.s
thereof temporarily and changing county lines. But no new county shall
be formed unless it shall contain within the limits thereof property of the

ELECTION LAWS OF WYOMING, 1920. 9

valuation of two million dollars, as shown by last preceding tax returns,
and not then unless the remaining portion of the old county or counties
shall each contain property of at least three million of dollars of assess-
able valuation; and no new county shall be organized nor shall any or-
ganized county be so reduced as to contain a population of less than one
thousand five hundred bona fide inhabitants, and in case any portion of
an organized county or counties is stricken off to form a new county, the
new county shall assume and be holden for an equitable proportion of the
indebtedness of the county or counties so reduced. No county shall be
divided unless a majority of the qualified electors of the territory pro-
posed to be cut off voting on the proposition shall vote in favor of the
division.

Comrs. V. Perkins, 5 Wyo. 170, 178, 38 Pac. 915; In re. Fremont County, 8 Wyo. 21,
54 Pac. 1073; State v. Schnitger, 16 Wyo. 538, 95 Pac. 698.

Sec. 4. Township organization. The legislature shall provide by
general law for a system of township organization and government, which
may be adopted by any county whenever a majority of the citizens there-
of voting at a general election shall so determine.

Sec. 5. County officers — Provision for. The legislature shall pro-
vide by law for the election of such county officers as may be necessary.

Reals V. Smith, 8 Wyo. 171, 56 Pac. 690.

ARTICLE XIII.

MUNICIPAL CORPORATIONS.

Sec. 2. Consent of electors necessary. No municipal corporation
shall be organized without the consent of the majority of the electors re-
siding within the district proposed to be so incorporated, such consent to
I e ascertained in the manner and under such regulations as may be pre-
scribed by law.

state V. Lamoureux, 3 Wyo. 731, 30 Pac. 243.

ARTICLE XVI.

Sec. 2. Creation of state debt restricted. No debt in excess of the
taxes for the current year shall in any manner be created in the state ot
Wyoming, unless the proposition to create such debt shall have been sub-
mitted to a vote of the people and by them approved ; except to suppress
insurrection or to provide for the public defense.

Sec. 4. Creation of municipal debt restricted. No debt in excess of
the taxes for- the current year shall, in any manner, be created by any
county or sub-division thereof, or any city, town or village, or any sub-
division thereof in the state of Wy^oming, unless the proposition to create
such debt shall have been submitted to a vote of the people thereof and by
them approved.

Miller v. School District, 5 Wyo. 224; In re. Fremont County et al., 54 Pac. Rep. 1073;
Grand Island & N. W. R. Co. v. Baker et al., 45 Pac. Rep. 494.

ARTICLE XX.

AMENDMENTS.

Section 1. Provision for. Any amendment or amendments to this
constitution may be proposed in either branch of the legislature, and, if

10 ELECTION LAWS OP WYOMING, 1920.

the same shall be agreed to by two-thirds of all the members of each of
the two houses, voting separately, such proposed amendment or amend-
ments shall, with the yeas and nays thereon, be entered on their journals,
and it shall be the duty of the legislature to submit such amendment or
amendments to the electors of the state at the next general election, and
cause the same to be published without delay for at least twelve (12)
consecutive weeks, prior to said election, in at least one newspaper of
general circulation, published in each county, and if a majority of tht^
electors shall ratify the same, such amendment or amendments shall be-
come a part of this constitution.

■ state V. Brooks, 17 Wyo. 352, 354, 99 Pac. 874.

Sec. 2. How voted for. If two or more amendments are proposed,
they shall be submitted in such manner that the electors shall vote for or
against each of them separately.

Sec. 3. Constitutional convention — Provision for. Whenever two-
thirds of the members elected to each branch of the legislature shall deem
it necessary to call a convention to revise or amend this constitution, the}^
shall recommend to the electors to vote at the next general election for or
against a convention, and if a majority of all the electors voting at such
election shall have voted for a convention, the legislature shall at the next
session provide by law for calling the same; and such convention shall
consist of a number of members, not less than double that of the most
numerous branch of the legislature.

Sec. 4. New constitution. Any constitution adopted by such con
vention shall have no validity until it has been submitted to and adopted
by the people.

STATUTORY PROVISIONS

NOTE — Unless otherwise designated, all sections are from Wyoming Compiled Statutes, 1910.

APPORTIONMENT OF REPRESENTATION.

Section 1. Each county a district. Each organized county shall
constitute a separate senatorial and a separate representative district for
the election of senators and representatives.

Sec. 2. Ratio for senators. Each organized county shall have one
senator for every seven thousand five hundred inhabitants, and one sena-
tor for every fraction over three thousand one hundred inhabitants in
such county, as shown by the enumeration of such inhabitants made by
the authority of the state in the year one thousand nine hundred and
fifteen.

Sec. 3. Ratio for representatives. Each organized county shall have
one representative for every two thousand six hundred inhabitants, and
one representative for every fraction over one thousand three hundred
inhabitants in such county, as shown by the enumeration of such inhabi-
tants made by the authority of the state in the year one thousand nine
hundred and fifteen.

Sec. 4. Numbers for each county. The senators and representatives
are hereby apportioned and divided among the several counties as follows:

ELECTION LAWS OF WYOMING, 1920. 11

Albany county shall have one senator and three representatives ;
Big Horn county shall have one senator and three representatives ;
Campbell county shall have one senator and one representative;
Carbon county shall have one senator and three representatives ;
Converse county shall have one senator and one representative;
Crook county shall have one senator and two representatives;
Fremont county shall have one senator and four representatives;
Goshen county shall have one senator and two representatives ;
Hot Springs county shall have one senator and one representative ;
Johnson county shall have one senator and one representative;
Laramie county shall have two senators and six representatives ;
Lincoln county shall have two senators and five representatives ;
Natrona county shall have one senator and two representatives ;
Niobrara county shall have one senator and one representative;
Park county shall have one senator and two representatives;
Platte county shall have one senator and two representatives;
Sheridan county shall have two senators and six representatives ;
Sweetwater county shall have two senators and four representatives ;
Uinta county shall have one senator and two representatives;
Washakie county shall have one senator and one representative ;
Weston county shall have one senator and two representatives;

Provided, That nothing herein contained shall operate to shorten the term
of office of any senator heretofore elected, but every such senator shall,
while remaining in office under said election, continue to represent the
county for which he was elected, except that every such senator elected
at the general election in 1916 for the term of four years from a district
composed of two or more counties shall be deemed and held, during the
remainder of his said term, to represent the county in which he resides
at the time of the passage of this act, if such county be within the district
from which he was so elected. [Chapter 104, Session Laws, 1917.]

GOVERNOR.

§ 87. Term of successor — Proviso. Whenever the powers and duties
of the office of the governor of the state of Wyoming shall devolve upon a
person, as hereinbefore provided, the person acting as governor shall con-
tinue to act as governor, as aforesaid, until the end of the term of the
governor; Provided, such assumption of office is made as aforesaid less
than twenty days before the next general election of county officers pre-
ceding the next ensuing general election for state officers; but should
such assumption be made as aforesaid previous to twenty days before a
general election for county officers, then and in that case, the person act-
ing as governor as aforesaid, shall issue an additional proclamation calling
for the election of a governor to fill the unexpired term, which election
shall take place at the same time as the general election for county officers,
and such election, together with the returns and canvass thereof, shall be
conducted in all respects as though it was an original election for gover
nor. When the state canvassing board shall have canvassed the vote of
the election as aforesaid, and in the manner provided by law, declared
a person at such election to be elected as governor, such person shall
within thirty days after such canvass, or as soon thereafter as possible,
qualify and assume the duties and powers of governor, and shall be the
governor of the state of Wyoming for the remainder of the unexpired
term of governor. [L. 1890-91, eh. 14, §3 ; R. a 1899, § 52.]

In re. Moore, 4 Wyo. 107, 31 Pac. 8%0 ; State v. Grant, 12 Wyo. 7, 73 Pac. 470.

12 ELECTION LAWS OF WYOMING, 1920.

PRESIDENTIAL ELECTORS.

§ 243. Election of presidential electors. At the general election next
preceding the choice of president and vice president of the United States
of America, there shall be elected as many electors of president and vice
president of the United States of America as this state may be entitled to
elect of senators and representatives in congress. [L. 1890-91, ch. 63, § 1 ;
R. S. 1899, § 165.]

§ 244. Certificate of election. The certificate of election for electors
of president and vice president of the United States of America, shall be
served on each person elected, notifying him to attend at the office of the
secretary of state at the seat of government at the hour of twelve o'clock
noon of the Saturday next preciding the second Momday of January next
after his election, and to report himself to the governor of this state as in
attendance. [L. 1890-91, ch. 63, § 2; R. S. 1899, § 166.]

§ 245. Electors shall convene when — Filling of vacancy. The elec-
tors of president and vice president so -attending, shall convene in the
office of the secretary of state at the capital of the state, at the hour of
twelve o'clock noon of the Saturday next preceding the second Monday
of January, as provided in § 244, and in case there shall be any vacancy
in the office of an elector, occasioned by the death, refusal to act, neglect
to attend by the hour of twelve o'clock noon of said day, or on account of
any two of the persons voted for as electors having received an equal and
the same number of votes, or on account of the ineligibility of any person
elected, or from any cause, the qualified electors present shall proceed to
fill such vacancy by ballot and plurality of votes, and the said electors so
present shall immediately issue a certificate of election signed by those
present, or a majority of them, to the person so chosen. In case of a fail
ure to elect by the said electors by noon of the Monday next following,
the governor shall fill the vacancy by appointment. [L. 1890-91, ch. 63,
§ 3;R. S. 1899, § 167.]

§ 246. When shall proceed to vote. The college of electors being
full, shall meet at the office of the secretary of state at the capital at noon
of the said second Monday of January, and shall proceed to the election
and performance of their duties in conformity with the constitution and
laws of the United States of America. [L. 1890-91, ch. 63, § 4; R. S. 1899,
§ 168.]

§ 247. Compensation. The said electors shall receive each a com-
pensation of five dollars for each day's attendance, and the same mileage
as is provided for members of the legislature of this state, and the amount
of such attendance and mileage shall be presented, audited and paid in
the same manner as other claims against the state, out of any funds in the
state treasury not otherwise appropriated. [L. 1890-91, ch. 63, § 5; R. S.
1899, § 169.]

IRRIGATION DISTRICTS.

For the. provisions governing elections in irrigation districts, see
Chapter 68, Wyoming Compiled Statutes, Chapter 99, Session Laws, 1911,
and Chapter 142, Session Laws, 1919, and Chapter 2, Special Session Laws,
1920.

ELECTION LAWS OF WYOMING, 1920. 13

ORGANIZATION OF COUNTIES.

(For the provisions in regard to petition, population, and appointment of commissioners,
see Sees. 1050-1053, Comp. Stat. 1910, and Chap, 58, Session Laws 1917.)

§ 1054. Appointment of clerk. Such commissioners shall then ap-
point a clerk who shall take an oath to the effect that he will faithfully
and impartially discharge the duties of his office as prescribed by law, and
also the oath required of a county clerk. The commissioners shall at the
same time designate a place for the transaction of their official duties, and
shall, immediately, in the manner now prescribed by the laws of Wyo-
ming for holding special elections for county and precinct officers, call
and arrange for a special election for the purpose of submitting to the
qualified electors of the territory proposed to be cut off, the question of
whether said qualified electors are in favor of division. At the same time
said electors shall in like manner choose a location for a county seat for
said new county; Provided, however, That said commissioners may call
and arrange for such special election, co-incident with any general elec-
tion. [L. 1895, ch. 59, § 5 ; R. S. 1899, §1007; L. 1909, ch. 75, § 1.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

§ 1055. Expenses. Any and all expenses for such special election
shall be borne by the proposed new county, and the county commissioners
of'the old county shall be empowered to make a special levy upon the tax-
able property within the boundaries of the proposed new county for the
purpose of defraying the expenses of said election, and paying the salaries
of the first board of county commissioners of the said new county, ap-
pointed by the governor, and the salary of the first county clerk thereof ;
also to defray any and all expenses incident to the said special election.
The county commissioners and the county clerk first appointed in the pro-
posed new county shall receive a ^salary of $50.00 each. [L. 1909, ch.
75, §2.]

§ 1056. Election of officers. If a majority of the qualified electors
residing in the territory proposed to be cut off vote in favor of division,
then said new county shallbe organized, and at the next general election,
or in case said special election was called co-incident with a general elec-
tion, then at such general election said qualified electors residing in said
new county shall in the manner provided by law, vote for a member of
congress, state and district officers, and shall at such election elect the
members of the senate and house of representatives of the state to which
said county is entitled, and also the county and precinct officers provided
for by law. [L. 1895, ch. 59, § 6 ; R. S. 1899, § 1008 ; L. 1909, ch. 75, § 3.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

§ 1057. Duties of commissioners and clerk. The commissioners and
said clerk appointed as aforesaid shall respectively, at the time and in the
manner provided by laAv, perform all and singular the duties preparatory
to, respecting or incident to such election, which are imposed by law upon
county commissioners and county clerks respectively in organized coun-
ties ; and such election shall be held and conducted, and all matters pre-
paratory or incident thereto, or connected therewith, shall be done and
performed as in elections held in organized counties, except that the re-
turns thereof shall be canvassed and the result declared by the commis-
sioners appointed by the governor. [L. 1895, ch. 59, §7; R. S. 1899, §
1009.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

§ 1058. When officers shall qualify. On the first Monday of Janu-
ary next following, or as soon thereafter as may be possible, the county

14 ELECTION LAWS OF WYOMING, 1920.

and precinct officers elected in such county shall respectively qualify, and
enter upon their respective duties as is provided by law in organized
counties; and when a majority of the county commissioners so elected
shall have qualified and entered upon their duties such county shall be
deemed and held to be organized, and shall be vested with all the powers
of an organized county under the laws of this state. [L. 1895, ch. 59, § 8 ;
R. S. 1899, § 1010.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

§ 1059. Bonds — How approved. The commissioners appointed by
the governor shall approve the bonds of the county commissioners elected
at such first election. [L. 1895, ch. 59, § 9 ; R. S. 1899, § 1011.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

§ 1060. New county segregated. For the purpose of such election
any such unorganized county shall be deemed to be segregated from the
original county or counties from which the sajtne is taken. [L. 1895, ch.
59, § 10;R. S. 1899, § 1012.]

Taylor v. Comrs., 11 Wyo. 125, 70 Pac. 835.

COURT HOUSE AND JAIL BONDS.

§ 1100. Election for. The board of the county commissioners of any
county may, at any time, whenever a majority thereof so decide, submit
to the electors of the county, the question of whether the board of the
county commissioners shall be authorized to issue the registered coupon
bonds of the county to a certain amount which, together with the existing
indebtedness of such county shall not exceed two per centum of the tax-
able property in said county as shown by the last general assessment
preceding, and bearing a certain rate of interest, not exceeding six per
cent per annum, and to be issued, payable and redeemable in the manner
hereafter provided, for the purpose of providing means for the construc-
tion of a court house and jail, or either, for purchasing a site therefor, and
for the necessary furnishings and equipment of the same. [L. 1903, ch.
76, § 2.]

State V. School Dist., 38 Pac. 462 (Mont.).

COUNTY AND PRECINCT OFFICERS.

§ 1136. Time of qualifying. All county officers elected at any gen-
eral election, shall qualify and enter upon the discharge of their respective
duties upon the first Mondav in January immediately following such gen-
eral election. [R. S. 1887, § 1903 ; R. S. 1899, § 1224.]

Ballantyne v. Bower, Sheriff, iV Wyo. 356, 362, 99 Pac. 869.

COUNTY COMMISSIONERS.

§ 1162. Terms. The board of county commissioners of each county
shall consist of three qualified electors who shall hereafter be elected in
the manner following: At the general election to be held in November,
1900, there shall be elected in each organized county two commissioners
for a term of two years and one commissioner for a term of four years,
the persons so elected to constitute said board, and thereafter at each
general election there shall be elected in each organized county, one com-
missioner for a term of two years and one commissioner for a term of four
years. Each person elected as such commissioner shall on or before the
first Monday in January succeeding his election, if elected, and immedi-
ately upon being appointed to fill a vacancy in the board of county com-
missioners, take and subscribe the same oath of office, which is required

ELECTION LAWS OF WYOMING, 1920. 15

of other county officers, and also shall give a bond to the state of Wyo-
ming in the sum of one thousand dollars, conditioned for the faithful, im-
partial and honest performance of their duties as by law required, which
shall be approved by the clerk of the district court. Any two of such
board shall constitute a quorum and shall be competent to act ; Provided,
That in counties of the fourth class, if it shall be so decided by a majority
of the voters of the county, at any general election, there shall be two
county commissioners elected, one for the term of four years and one for
the term of two years, and at each general election thereafter, one com-
missioner for a term of four years? And such two members so elected, to-
gether with the county clerk as member ex officio, shall constitute the
board of county commissioners of said county. And the commissioners of
such counties of the fourth class shall subscribe to the same oath, and give
bond in the same amount as is required of other commissioners, said bonds
to be approved by the treasurer of said county. The county commission-
ers in any fourth class county shall, upon petition of twenty-five or more
voters and taxpayers of such county, submit the question as to the num-
ber of commissioners to be elected in their county, to the voters of said
county at any general election. [L. 1890-91, ch. 57, §1; L. 1899, ch. 11;
R. S. 1899, § 1056; L. 1901, ch. 35.]

§ 1166. Enumerated powers- of commissioners. The board of county

commissioners of each county shall have power at any meeting:
*********

6. To establish election precincts at such places in the county as the
convenience of the inhabitants may require.

COUNTY TREASURER.

§ 1181. Election and term of office — Bond. There shall be elected
in each county in the state one county treasurer. He shall hold his office
for a term of two years, and until his successor is elected and qualified,
and shall be incapable of holding the said office longer than four in any
period of six years.

(Provisions in regard to bond omitted.)

COUNTY AND PROSECUTING ATTORNEY.

§ 1204. Oath and bond. There shall be in each organized county, a
county and prosecuting attorney who shall be a member of the bar of this
state, and who shall, before entering upon the duties of his office, take the
oath required of other county officers and give bond to the people of this
state in the penal sum of two thousand dollars, with sufficient surety, to
be approved by the board of county commissioners, conditioned for the
faithful performance of the duties of his office, as required by law, and
said bond shall be filed with the county clerk, and a copy of his certificate
of election and oath shall be filed by such attorney with the clerk of the
district court sitting for his county. [Chapter 3, Session Laws, 1915.]

SHERIFFS.

§ 1212. Term of office — Oath and bond. There shall be in each
county organized for judicial purposes, a sheriff, who shall hold his office
for the term of two years, and until his successor is elected and qualified,
or appointed and qualified, as the case may be.

(Provisions in regard to oath and bond omitted.)

16 ELECTION LAWS OF WYOMING, 1920.

COUNTY CLERKS;

§ 1237. Election — Bond — Duties. There shall be a county clerk for
each county in the state, who shall be elected and shall hold his office for
two years and until his successor is elected and qualified. His term of
office shall commence on the first Monday in January in the odd numbered
years. He shall, before entering upon the duties of his office, take the
oath prescribed by the constitution, and execute and file with the county
treasurer, a bond with two or more sufficient sureties in the penal sum of
not less than four thousand dollars, to be approved by the board of county
commissioners, conditioned that he will faithfully perform all the duties
of his office, and pay all moneys that may come into his hands by virtue of
his office, as required by law, and deliver to his successor in office all
books, records, papers and other things belonging to his said office; Pro-
vided, That in counties of the second, third and fourth classes the county
clerk shall be ex officio clerk of the district court and shall perform all the
duties pertaining to that office, but shall receive no additional or separate
compensation therefor. [L. 1890-91, ch. 54, § 1 ; L. 1895, ch. 73, § 1 ; R.
S. 1899, § 1136.]

Reals V. Smith, 8 Wyo. 159, 56 Pac. 690.

CLERKS OF DISTRICT COURT.

§ 928. Clerks shall be elected — Exception. There shall be a clerk of
the district court in each organized county of the state whose term of
office shall be two years and until his successor is elected and qualified.
Clerks of the district court shall be elected at general elections in counties
of the first and second class ; in all other counties the county clerk shall
be ex officio clerk of the district court, and shall perform all of the duties
pertaining to the office of clerk of the district court. [Chapter 40, Session
Laws, 1915.]

COUNTY ASjSESSOR.

§ 1260. Election of. At the general election held in November,
1908, and at each general election held thereafter in the state of Wyoming,
there shall be elected a county assessor for each county of the state of
Wyoming, who shall be a qualified elector of, and who is a property owner
and freeholder of his said county. [L. 1907, ch. 80, § 2.]

§ 1261. Term of office. Each assessor so elected shall hold his said
office for a period of two years, or until his successor is qualified. [L.
1907, ch. 80, § 3.]

CORONER.

§ 1276. Term of office— Oath and bond. There shall be in each or-
ganized county, a coroner, who shall hold his office for tw^o years, and
until his successor is elected and qualified according to law. He shall
take the oath prescribed by the constitution of the state and give bond to
the state of Wyoming, in the penal sum of one thousand dollars, with suf-
ficient sureties, to be approved by the board of county commissioners, con-
ditioned that he will faithfully perform all duties required by law as such
coroner. [R. S. 1887, § 1876; R. S. 1899, § 1170.]

SURVEYOR.

§ 1290. Term of office^Oath and bond — Deputy. There shall be in
each organized county, a county surveyor, who shall hold his office for two

ELECTION LAWS OF WYOMING, 1920. 17

years, and until his successor is elected or appointed, and qualified accord-
ing to law. (Provisions governing oath, bond, and deputy omitted.)

SUPERINTENDENT OF SCHOOLS.

§ 1296. Oath and bond — Prohibited from teaching. There shall be
in each organized county a superintendent of public schools, who shall,
before entering upon the duties of his office, take the oath prescribed by
the constitution and give bond to the state of Wyoming in the penal sum
of five hundred dollars for the faithful performance of all duties required
of him by law as such superintendent, to be approved by the board of
county commissioners, and together with his certificate of election and
oath, filed in the county clerk's office; Provided, That no person shall at
the same time hold the positions of county superintendent of public schools
and teacher in any public school in his or her county. [R. S .1887, § 1898 •
R. S. 1899, § 1190.]

ROAD SUPERVISOR.

Sec. 2547. Counties shall be divided. All counties shall be divided
into road districts. The board of county commissioners of each county
shall divide their county into road districts of as compact form and con-
venient size as is practicable, and embracing the territory within an elec-
tion district if possible, and may change or alter said road districts from
time to time, as the public convenience may require. [Chapter 59, Session
Laws, 1913.]

§ 2548. Election or appointment of supervisors. When the county
is divided into road districts as provided in the preceding section, there
shall be elected at each general election for county officers by the quali-
fied electors thereof, a district road supervisor for each district, who
shall hold his office for two years, and until his successor is elected or
appointed and qualified, and his term of office shall begin on the first
Monday of January succeeding his election. Whenever any vacancy oc-
curs from whatever cause in the office of the district road supervisor, the
board of the county commissioners shall fill such vacancy by appointment
until the qualification of such officer elected at the next general county
election. [L. 1895, ch. 69, § 33 ; R. S. 1899, § 1938.]

§ 2549. Election of supervisor — When required. Unless the county
be divided into road districts, there shall be elected at the general election
for county officers in each county a road supervisor, who shall hold his
office for the term of two years from the first Monday in January succeed-
ing his election, and until his successor is elected or appointed and quali-
fied. [L. 1895, ch. 69, § 34; R. S. 1899, § 1939.]

§ 2551. Oath and bond of supervisor. Each road supervisor,
whether county or district, shall hold his office for the term of two years
beginning with the first Monday in January next succeeding his election
and until his successor is duly elected or appointed and qualified accord-
ing to law, unless sooner removed. * * *

JUSTICE OF THE PEACE AND CONSTABLE.

§ 5177. County commissioners to establish precincts. There shall
be elected or appointed, as by law provided, in each county, one justice of
the peace and one constable in such precincts as the boards of county

18 ELECTION LAWS OF WYOMING, 1920.

commissioners may establish, and it shall be the duty of the county com-
missioners to divide the county into justice and constable precincts, which
shall be composed of one or more voting precincts, and the justice and
constable shall not be voted for outside of the precinct for which they
are to be elected, in which they live. [L. 1895, ch. 72, §1 ; R. S. 1899,
§ 4316.]

Ballantyne v. Bower, 17 Wyo. 356, 99 Pac. 869.

LARAMIE CHARTER.

§ 1426. Mayor and councilmen — Term of office — Qualifications —
Annual elections^ Vacancies. The mayor of said city shall be elected for
the terra of one year, and shall hold his office until his successor is duly
elected and qualified. The first ward and second ward shall be repre-
sented by two councilmen each, and the third ward shall be represented
by one councilman. The annual election shall be held on the first Tues-
day in April of each year. At the first election each ward shall elect one
member of the council to serve two years and one member to serve one
year, and thereafter one member of the council to serve two years, except
that the third ward shall elect one councilman each year. At such annual
election the polls in each ward shall be opened at nine o'clock a. m., and
remain open until four o'clock p. m. No person shall be eligible to office
of mayor or councilman who is not a resident freeholder of said city at
the time of his election and does not possess all the qualifications re-
quired of electors under this charter. Councilmen shall be residents of
the wards from which they are elected, and if any councilman shall re-
move from the ward from which he is elected, his seat shall be declared
vacant, and whenever there shall be a vacancy in the office of council-
man, a special election shall be ordered by the mayor to fill such office,
and he shall give five days' notice thereof by proclamation. All vacancies
occurring between elections, in any elective or appointive offices provided
for in this chapter, except the offices of mayor and councilman, shall be
filled by appointment by the mayor, by and with the advice and consent
of the council. [R. S. 1887, § 208 ; R. S. 1899, § 1334.]

NOTE — See general municipal election laws, Ch. 154. — Compiler.

§ 1427. Qualifications of electors — Paying poll tax. Every legal
voter of this state, who shall have been a bona fide resident of his ward
five days and of the city sixty days next preceding any city election, shall
be qualified to vote therein at such election. Provided, That no person
shall be deemed a qualified elector at any such election who has not paid
a poll tax for the year preceding the one in which such election is held,
which poll tax, to entitle such person to vote, must have been paid at least
twenty days previous to the day of such election; Provided, That no per-
son shall be disqualified from voting under this section by reason of not
having paid such poll tax, if he or she is not reciuired by law to pay such
poll tax. [R. S. 1887, § 209; R. S. 1899, § 1335.]

NOTE — See general municipal election laws, Ch. 154. — Compiler. (See Sec. 2283.)

§ 1429. Duties of mayor — Casting vote. The mayor shall preside
at all meetings of the city council, and shall have a casting vote when the
council is equally divided, and none other, and shall have the superin-
tending control of all the officers and affairs of the city, and shall take
care that the ordinances of the city and this chapter are complied with ;
the mayor shall commission all officers appointed or elected. [R, S. 1887,
§ 211; R. S. 1899, § 1337.]

ELECTION LAWS OF WYOMING, 1920. 19

§ 1430. Elective and appointive officers. At each city election there
shall also be elected a mayor, a city treasurer, a city clerk, who shall be
ex officio city assessor, each of whom shall hold his office for the term of
one year and until his successor is elected and qualified. The mayor shall
appoint, by and with the advice and consent of the council, a city attorney,
a city marshal w^ho shall be ex officio city tax collector, a chief engineer
and an assistant engineer of the fire department, a civil engineer, and such
policemen as may be required, not exceeding two regular policemen, each
of which appointed officers shall hold his office for the term of one year
and until his successor is appointed and qualified. When any nomination
of the mayor is not confirmed by the council, it shall be his duty to at
once send in other names until the council does confirm. All city officers,
whether elected or appointed, shall qualify and enter upon the discharge
of their respective duties upon the first Tuesday in May immediately fol-
lowing their election. The mayor and council may remove any of the
said appointed or elected city officers named in this section, except the
mayor, for inefficiency, maladministration of his office, or for any derelic-
tion or violation of duty ; Provided, That no such officer shall be removed
as aforesaid, until he shall have been notified of such intended removal,
and of the charge or charges preferred against him, which notice shall be
served upon him by the mayor or the city clerk, and an opportunity given
to him to answer said charge or charges. [R. S. 1887, § 212; L. 1888, ch.
45, § 1 ; L. 1890, ch. 3, § 1 ; R. S. 1899, § 1338.]

RAWLINS CHARTER.

§ 1521. Mayor and trustees — Term of office — Qualificatians — Annual
elections. The mayor of said city shall be elected for the term of one
year, and shall hold his office until his successor is duly elected and quali-
fied. At the first election under this charter, there shall be elected three
trustees, one of whom shall hold his office for a term of three years, one
for two years, and one for one year, and until their successors are elected
and qualified. The first election under this charter shall be held on the
second Tuesday in April, eighteen hundred and eighty-six, and thereafter
an annual election shall be held on the second Tuesday in April in each
year. At each annual election after said first election there shall be
elected a mayor to serve one year, and one member of the board of trustees
to serve three years. At such annual election the polls shall be opened at
nine o'clock a. m. and remain open until four o'clock p. m. No person
shall be eligible to the office of mayor or trustee who is not a resident
freeholder of said city at the time of his election, and does not possess all
the qualifications ref|uired of electors under this charter. [R. S. 1887,
§ 414; R. S. 1899, § 1491.]

§ 1522. Qualifications of electors. Every legal voter of this state
who shall have been a bona fide resident of said city sixty days next pre-
ceding any city election, shall be qualified to vote therein at such election,

[R. S. 1887, § 415; R. S. 1899, § 1492.]

NOTE — See general municipal election laws, Ch. 154. — Compiler.

§ 1523. Manner of conducting elections. The mayor and three
trustees shall be elected in the same manner as provided by law in the
election of county and precinct officers. At the first meeting of the board
of trustees, held after the first election under this chapter, the three trus-
tees, so chosen, shall draw lots to decide the length of the terms during
which they shall respectively hold the offices of trustees, as provided in
§ 1521. [R .S. 1887, § 416; R. S. 1899, § 1493.]

20 ELECTION LAWS OP WYOMING, 1920.

§ 1524. Duties of mayor. * * * The mayor shall commission all
officers appointed or elected. [R. S. 1887, § 417; R. S. 1899, § 1494.]

§ 1549. Elections — Oath of officers. The board of trustees shall pro-
vide by ordinance for holding all after the first election provided for in
this chapter, for the appointment of judges and clerks, who shall be duly
qualified electors of said city. Every officer of said city elected or ap-
pointed under the provisions or by virtue of this chapter or any ordinance
of said city, shall take and subscribe to an oath or affirmation before some
officer of Carbon county authorized to administer oaths, that he will sup-
port the constitution of the United States, the constitution of this state,
the laws of this state, the provisions of this chapter, and the ordinances
of the said city of Rawlins, and that he will well and faithfully discharge
and perform all the duties of his office according to law. [R. S. 1887, §§
442, 443; R. S. 1899, § 1519.]

REORGANIZATION OF SPECIAL CHARTER CITIES.
Chapter 26, 1913 Session Laws.

Section 1. May abandon charter. Any city or town heretofore or-
ganized under a special charter, may abandon such charter and organize
under the provisions of the general laws relative to the incorporation of
towns, upon complying with the provisions of this act.

Sec. 2. Organize under general law. Whenever such city or town
shall desire to abandon its charter as aforesaid, the city or town council
or board of trustees may, by resolution approved by the mayor thereof
determine to abandon such charter and organize under the provisions of
the general law^s. Such resolutions and approval shall thereupon be certi-
fied to the governor of the state under the seal of such city or town, and
the governor shall then by public proclamation declare such city or town
organized under the provisions of the general laws of the state relative to
the incorporation of towns, with all of the powers and obligations per-
taining thereto ; Provided, further. Said proclamation of the governor
shall be published by said city or town for a period of three consecutive
weeks in a newspaper of general circulation in said city, and in all cases
a certified copy of said proclamation of the governor, together with proof
of the publication thereof, as aforesaid, shall be recorded in the office of
the county clerk and ex officio register of deeds in the county within which
said city is located, and the record of such proclamation shall be received
as evidence of the organization and corporate existence of said city or
town under the laws of this state, within any of the courts of the state of
Wyoming.

Sec. 3. Election. The government of such city or town will continue
in authority until the officers elected at the first regular city or town
election after said proclamation shall have assumed their respective offices.
The first regular city or town election after such proclamation shall be
held at the time prescribed in the charter therefor, and the persons elected
or appointed to office shall assume their respective offices on the second
Tuesday in May following their election, Provided, however. That all
regular city or town elections subsequent to the first election after said
proclamation of the governor, shall be upon the dates provided therefor
by the general laAvs relative to the incorporation of towns and the officers-
elect shall assume office at the dates therein fixed.

t:LEOTION LAWS OF WYOMING, 1920. ^1

Sec. 4. Officers to be elected. At the first election subsequent to
the proclamation of tlie governor as aforesaid, there shall be elected one
mayor and one councilman to hold office for the term of two years from
and after the second Tuesday in May following their election; on the
second Tuesday in May on the year following said first election there
shall be elected two councilmen to hold office for the term of three years ;
and on the second Tuesday in May of the second year following said first
election, and every two years thereafter, there shall be elected one mayor
for the term of two years and two councilmen for the term of four years.
All of the officers named above shall hold office until their successors are
elected and qualified.

GENERAL INCORPORATION OF TOWNS.

§ 1556. Appointment of election inspectors. The board of the county
commissioners shall hear all the parties interested in such application,
who shall appear and ask to be heard, and it may adjourn such hearing
from time to time. If such board, after hearing the parties, shall be
satisfied that all the requirements of this chapter in respect to such ap-
plication have been fully complied with, and that such territory contains
the population required by § 1551, it shall make an order appointing three
inspectors, who shall at once call an election of all the qualified electors
residing within the territory embraced within said limits as described and
platted, to be held at some convenient place within said limits, the notice
for which shall be given by publication in some newspaper published
within said limits, if there be any, for three successive weeks, and by post-
ing notices in five places within said limits. If there be no newspaper
within said limits, then such notice shall be given by posting in eight pub-
lic places within the same; said posting and the first publication to be not
less than three weeks preceding such election. Such notice shall specify
the place and time of such election; it shall contain a description of the
limits of said proposed town or city. Said inspectors shall act as judges
and clerks of the election, and shall qualify as required by law for judges
and clerks at city and town elections, and shall report the result of the
ballot to the said board ^of the county commissioners, which report shall
be filed with the county clerk aforesaid. The ballots used at said election
shall be "for incorporation" or "against incorporation." [L. 1890, ch.
25, §3;R. S. 1899, § 1526.]

State V. Lamoureaux, 3 Wyo. 731, 30 Pac. 243.

§ 1557. Election to incorporate. If a majority of the ballots cast at
such election be in favor of such incorporation, the county clerk shall,
immediately on the report of the said inspectors being filed in his office,
give notice of the result by publication in a newspaper, or if no newspaper
be published in the county, by posting in five public places within the
limits of the proposed city or town, and a copy of such notice with proper
proof of its publication, shall be filed in the office of the said county clerk
with the papers in the case. When the above requirements are complied
with and officers are elected and qualified for such city or town as herein-
after provided, the incorporation thereof shall be complete, whereof notice
shall l3e taken in all judicial proceedings. [L. 1890, ch. 25, § 4; R. S. 1899,
§ 1527.]

state V. Lamoureaux, 3 Wyo. 731, 30 Pac. 243.

§ 1558. Election officers. When the incorporation of such city or
town is completed, the inspectors mentioned in § 1556 shall give notice,

22 ELECTION LAWS OF WYOMING, 1920.

for two consecutive weeks, of the time and place of holding the first elec-
tion of officers thereof by publication in a newspaper, or if none be pub-
lished within the limits of such city or town, by posting in five public
places within the limits of the same. At such election the qualified elec-
tors of such city or town shall choose officers thereof. Said inspectors
shall act as judges and clerks of the election, and otherwise it shall be con
ducted and the officers elected thereat shall be qualified in the manner
prescribed by law for the election and qualification of city and town
officers. In the receiving and canvassing of votes, the inspectors shall be
governed by the laws then existing, so far as the same are applicable, for
the election of city and town officers. [L. 1880, ch. 25, § 5 ; R. S. 1899, §
1528.]

state V. Lamoureaux, 3 Wyo. 731, 30 Pac. 243.

__§ 1560. Qualifications of voters. Every elector of the county resid-
ing in such town shall be entitled to vote at such first election ; and at all
subsequent elections, every elector of the county, possessing the qualifica-
tions prescribed by the general municipal election laws of the state, shall
be a qualified voter. [R. S. 1887, § 453; R. S. 1899, § 1530; L. 1909,
ch. 92.]

§ 1561. Canvass of votes. Immediately upon the closing of the poll,
the inspectors of such first election shall canvass the votes given thereat,
shall openly declare the result, and shall make and subscribe a certificate
of such canvass, which shall show the whole number of votes given, the
number given for each person voted for, and the office for which he shall
have been voted for ; which certificate shall be filed with the clerk of such
town as soon as he shall have qualified. [R. S. 1887, § 454; R. S. 1899, §
1531.]

§ 1562. Determination of election. The persons who are eligible
and who shall have received the highest number of votes at such election
shall be deemed elected, and each person so elected shall be at once noti-
fied in writing of his election by such inspectors. [R. S. 1887, § 455; R.
S. 1899, § 1532.]

§ 1563. Certificates of election. Such inspectors shall also make a
certified statement over their own signatures of the persons elected to fill
the several offices in said town at such first election, and shall file the
same in the office of the register of deeds of the proper county, within
fifteen days after the date of such election, and no act or ordinance of any
town council chosen at such first election shall be valid until the provisions
of this section are substantially complied with. [R. S. 1887, § 456; R. S.
1899, § 1533.]

§ 1564. Record of certified statement of election. It shall be the
duty of the register of deeds of such county to make a record of such cer-
tified statement, for which service there shall be paid the same fee as is
allowed for similar services in other cases. [R. S. 1887, § 457; R. S. 1899,
§ 1534.]

§ 1565. Town officers — Their qualifications. The municipal officers
of such town shall be a mayor and four councilmen, who shall together
form a town council, all of whom shall be elected; and also, one marshal,
who shall be ex officio fire warden and street commissioner, one clerk, who
shall be ex officio assessor, one treasurer, all of whom shall be appointed,
and also such other appointed officers as shall be provided for by ordi-
nance under the provisions of this chapter. All officers of such town,

ELECTION LAWS OF WYOMING, 1920. 23

whether elected or appointed, shall be qualified electors and residents of
such town, and no person shall be eligible to any office in such town who
is a defaulter to the corporation. [L. 1888, ch. 43, § 1 ; R. S. 1899, § 1535.]

NOTE — See form of treasurer's bond required by Ch. 28. — Compiler.

§ 1566. Term of office. The officers first elected shall hold their of-
fices until the second Tuesday in May following their election, and those
subsequently elected shall hold their respective offices until the second
Tuesday in May following their election, and until their successors are
elected and qualified ; Provided, That of the four councilmen first elected
two shall hold their offices until the second Tuesday in May following
their election, and two until one year from the second Tuesday in May
following their election. At the first meeting of the town council it shall
be decided by lot which of the four councilmen shall hold office for the
long term ; and thereafter at each annual election two councilmen shall be
elected whose term of office shall be for a period of two years, and until
their successors are elected and qualified. [R. S. 1887, § 459; R. S. 1899,
§ 1536.1

NOTE — As to official terms and salaries, when population exceeds 3,500 and under 5,000,
see Sees. 1798, 1799. — Compiler.

§ 1567. Official terms— Population 1,000 to 3,500. In every town
incorporated under the general laws of this state having a population of
not less than one thousand nor more than thirty-five hundred, to be de-
termined by the last preceding United States census, and which is not
embraced within the definition of cities either of the first or second class
as heretofore defined by law, the term of office of the mayor shall be two
years and of councilmen four years, and at the election held on the second
Tuesday in May, A. D. 1905, in such towns as come within the provisions
hereof, there shall be elected one mayor, for the term of two years, and
two councilmen for the term of four years, and every two years thereafter
three shall be elected one mayor for the term of two years and two
councilmen for the term of four years; Provided, That on the second
Tuesday in May, A. D. 1906, there shall be no election for mayor, but two
councilmen shall then be elected, who shall hold office until the second
Tuesday in May following their election. [L. 1905, ch. 74, § 1.]

§ 1569. Elections, when held. All elections for officers, after the
first election, shall be held on the second Tuesday in May of each year, at
such place as may be designated by the town council ; and at the first and
all subsequent elections the polls shall be opened at ten o'clock in the
forenoon and closed at four o'clock in the afternoon. [R .S. 1887, § 460;
R. S. 1899, § 1537.]

NOTE — See general municipal election laws, Ch. 154. — Compiler.

§ 1570. Elections in incorporated towns. In all elections held in all
towns incorporated under this chapter, all persons who have^registered
less than two years before such election, during a regular registration
period for county elections, shall be entitled to vote at such elections in
the precinct in which they are registered ; Provided, They are bona fide
residents of the precinct in which they offer to vote. All other persons
who are duly qualified electors in the precinct in which they offer to vote,
shall be permitted to vote in such precinct, by taking and subscribing the
same oath as is prescribed for registration in § 2150 at the time they shall
offer to vote, and such clerk of election shall have power to administer
such oath ; Provided, That the law in reference to challenges at such elec-
tions is not hereby abridged, except as herein modified ; Provided, further,
That the town clerk of such town shall post at least one copy of the

24 ELECTION LAWS OF WYOMING, 1920.

registry list as furnished him by the county clerk, in each voting precinct,
and shall cause to be prepared, and have on file in his office at least three
days before such elections, at least one copy of such registry list, for each
voting precinct, said lists to be open to public inspection. The mayor of
such town, by and with the advice of the council, may appoint one or more
clerks of election for each voting precinct, in addition to the number now
provided by law, for the purpose of facilitating registration on the day of
the elections herein provided for, who shall have the same power as other
clerks of election, and who shall have the power herein provided for clerks
of election. No registration other than that herein mentioned shall be
necessary at or for any municipal election in any town incorporated as
herein mentioned, and all acts and parts of acts in conflict herewith are
hereby repealed. [L. 1909, ch. 128, §§ 1, 2.]

§ 1571. Notification of election — Oath of officers. It shall be the
duty of the town clerk within five days after the result of the election is
declared, or any appointment made, to notify all persons so elected or
appointed to office, of their election or appointment, as the case may be ;
and each officer so elected or appointed, shall, within five days after such
notice, take and subscribe before some person authorized to administer
the same, the oath required of county officers, with such additions as may
be prescribed by ordinance, and for the faithful performance of the duties
of his office, and shall file the same with the clerk of such town ; and unless
such oath shall be so taken and filed within the time aforesaid, the office
shall thereby become vacant. [L. 1888, ch. 43, § 2 ; R. S. 1899, § 1538.]

§ 1573. Notice of elections. It shall be the duty of the clerk of such
town to give at least ten days' notice in writing, by posting the same in at
least three public places in such town of the time and place of holding all
elections. [R. S. 1887, ^ 463 ; E. S. 1899, § 1540.]

§ 1579. Inspectors of election. Except as otherwise provided in this
chapter, the manner of conducting the voting at all elections held under
the provisions of this chapter, and the manner of contesting the same,
and the manner of keeping poll-lists and canvassing votes shall be the
same as in the election of county officers under the general laws of this
state ; and at all elections held under the provisions of this chapter, after
the first election, a board of three persons appointed by the town council
from among the qualified electors of such town shall be inspectors of elec-
tions, and such inspectors of elections shall appoint clerks when necessary
and shall fill vacancies in their own board, and the inspectors and clerks
shall take the same oaths and have the same powers and authority as the
judges and clerks of elections would under the general laws of the state.
After the close of the polls the ballots shall be counted and the returns
made out and returned, under seal, to the town clerk, and thereupon the
town council shall examine and canvass the same and declare the result
of the election and cause a statement thereof to be entered upon its jour-
nal. In case of a tie vote in the election of any town officer, it shall be
determined by lot, in the presence of the town council, in such manner as
they shall direct, which candidate shall be entitled to office. [L. 1888, ch.
43, § 5;R. S. 1899, § 1546.]

NOTE — See general municipal election laws, Ch. 154. — Compiler.

CITIES OF THE FIRST CLASS.

§ 1628. Wards. Every city governed by this chapter -shall be di-
vided into not less than three wards, as compact in form and equal in

ELECTION LAWS OF WYOMING, 1920. 25

proportion as may be, and no ward shall contain less than one thousand
inhabitants, the boundaries of which shall be defined by ordinance. Each
ward shall constitute an election district. [L. 1895, ch. 80, § 10; R. S.
1899, § 1596; L. 1907, ch. 71, § 5.]

§ 1629. Elections — When held. The general city election in all cities
governed by this chapter, shall be held on the Tuesday following the
first Monday in November of each year. The polls shall be opened in such
place as may be designated by the mayor or be fixed by ordinance ; and
shall be kept open from the hour of nine o 'clock in the morning until five
0 'clock in the afternoon, and no longer ; Provided, That whenever the
city election shall occur at the same time provided by law for state and
county elections, the city clerk shall certify to the county clerk the list of
nominations made for such city election and the names of the candidates
for city offices shall be printed upon the same ballot provided by the
county for the election of state and county officers. And in such case the
city shall pay its pro rata proportion of the cost of printing and preparing
such ballots. In the case last named the nominations for offices to be
voted for at a city election shall be made to the city clerk within the time
limited to nominations for county offices, being certified to the county
clerk of such county by the city clerk ; Provided, further, That whenever
the city election in any city or cities shall occur at a time not provided by
law for state and county elections, and at a time when no state or county
election is to be held, such election shall be conducted in all respects as
heretofore provided by law for municipal elections, and in such cases, the
provisions of chapter 154 shall govern said elections in so far as they shall
be applicable and not inconsistent with the provisions of this chapter;
and Provided, further. That whenever the city election in any such city
or cities shall occur at the same time provided by law for state and county
elections, and at the same time when a state or county election is to be
held, the judges and clerks of election in the precincts within such city or
cities respectively appointed for the purpose of conducting the election
for state and county officers, shall also conduct the election for city offi-
cers, and the election for city officers shall in such case, be canvassed in
the same manner as the election for county officers. In such case the
county clerk for the proper county shall certify to the city clerk of the
city the result of such canvass, and it shall be the duty of the city clerk
to issue to the officers, so elected, proper certificates of their election. The
mayor and council of any city to which this act shall apply shall not be
required, after February 20th, 1907, to designate judges or clerks of elec-
tion or polling places Avhen the city election shall be held at the same time
and place as the election for county and state officers; but, in such case,
the same polling places within the city shall be used as those used for the
election of state or county officers ; and Provided, further. That whenever
the election for city officers in any city to which this act shall be appli-
cable, shall occur at the same time as that provided by law for state and
county election, it shall not be necessary for any registration of votes
other than that provided by law for the registration of voters for state
and county elections; but in such case the registration of voters made in
manner provided by law preceding state and county elections shall be
used and shall control, so far as applicable, in the election for city officers,
but only duly qualified electors, residing within the city shall be permit-
ted to vote for city officers. Whenever the city election in such city shall
occur in a year or at a time when there shall not be an election for state
and county officers, the provisions of §§ 2287 to 2300, inclusive, respecting

26 ELECTION LAWS OF WYOMING, 1920.

the registration of voters for city elections and the qualifications of voters
thereat, shall govern and control at such election ; and Provided, further,
That in case at any precinct, whenever the city election shall be held at
the same time as state and county elections, there shall be voters qualified
to vote at such precinct for state or county officers, but are not entitled to
vote for city officers, the judges of election shall furnish to such voters a
ballot not containing the names of the candidates for city officers ; and
the judges of such precincts shall be furnished by the county clerk a rea-
sonable number of ballots not containing the names of candidates for city
officers, for the purposes aforesaid. [L. 1895, ch. 80, § 12 ; R. S. 1899, §
1598 ;L. 1907, ch. 71, § 6.]

§ 1630. Special elections. Special elections may be held in all cities
of the first class for all purposes authorized by law or the constitution of
the state, by giving proper notice thereof by the mayor, duly authorized
by the council, for at least ten days previous to such special election, by
publishing such notice in at least one newspaper published in such cities.
All persons who have been registered less than two years before such elec-
tion, during a regular registration period for county or city elections,
shall be entitled to vote at such special elections in the precinct in which
they are registered, provided they are bona fide residents of the precinct
in which they offer to vote. All other persons who are duly qualified
electors in the precinct in which they offer to vote, shall be permitted to
vote in such precinct, by taking and subscribing the same oath as is pre-
scribed for registration in § 2150 at the time they shall offer to vote, and
such clerk of election shall have power to administer such oath. Provided,
That the law in reference to challenge at such elections is not hereby
abridged, except as herein modified; Provided, further, That the city
clerk of such city shall post at least one copy of the registry list as fur-
nished him by the county clerk, in each voting precinct, and shall cause
to be prepared, and have on file in his office at least three days before such
election, at least one copy of such registry list for each voting precinct;
said lists to be open to public inspection. The mayor of such city, by and
with the advice of the council, may appoint one or more clerks of election,
for each voting precinct, in addition to the number now provided by law,
for the purpose of facilitating registration on the day of the elections
herein provided for, who shall have the same power as other clerks of
election, and who shall have the power herein provided for for clerks of
elections. [L. 1909, ch. 51, § 50.]

§ 1631. Election of officers. At the first annual election of any city
under the provisions of this chapter, a mayor shall be elected by a plural-
ity of votes for the term of two years, and biennially thereafter. And in
each ward of said city, as constructed under the provisions of this chap-
ter, not less than two nor more than three councilmen shall be elected for
the terms of one and two years respectively, in case two councilmen shall
be elected from each ward ; and for one, two, and three years, respec-
tively, in case three councilmen shall be elected therefrom, and one an-
nually thereafter, for the period of two or three years, as there shall be
two or three councilmen elected ; the number of councilmen to be elected
from each ward to be fixed by the council at such time or times as they
may provide for the number of wards constituting such city ; Provided,
That the terms of all officers then in office and whose terms are unexpired,
shall hold their offices until the first Monday in January following the
first annual election held under the provisions of this chapter, and the

ELECTION LAWS OF WYOMING, 1920. 27

terms of all elective officers shall commence On the first Monday in Janu-
ary after their election and shall continue until their successors are
elected and qualified. [L. 1895, ch. 80, § 13 ; R. S. 1899, § 1599; L. 1907,
ch. 71, § 7.]

§ 1633. Electors — Qualifications. The qualifications of electors in
the several wards shall be the same as is required for electors under the
laws of the state ; Provided, Such electors shall be actual residents in the
ward in which they shall vote. At a meeting of the city council on the
first Friday in December after any city election, held in a year when no
general state or county election is held, the returns shall be canvassed
and they shall cause the clerk to make out and deliver certificates of
election to the persons found to be elected. [L. 1895, ch. 80, § 15 ; R. S.
1899, § 1601; L. 1907, ch. 71, § 9.]

§ 1636. Officers— Who qualified— Bonds. All officers shall be quali-
fied electors of the city, entitled to vote at all elections therein. Bach of-
ficer shall give such bond in such amount and upon such conditions as
mav be provided by ordinances. [L. 1895, ch. 80, § 18 ; R. S. 1899,
§ 1604.]

§ 1740. Special election — Bonds. Whenever it shall be determined
by majority vote of the city council of any such city, with the approval of
the mayor of the city, that an issue of bonds should be made under any of
the provisions of this chapter, if such determination be made more than
six months prior to an annual election, the mayor shall call a special elec-
tion for the purpose of voting upon the question of such bond issue; if
such determination be made less than six months prior to the general elec-
tion, the question of the issuance of such bonds shall be voted upon at the
general election. Before any special election called under the provisions
of this chapter a notice shall be given by publication in the official news-
paper of such city for thirty days prior to the date fixed for such special
election; whenever any proposition for the issuance of bonds is to be
voted for at a general annual election, such notice shall be given thirty
days prior to such annual election, by publication in the official news-
paper of the city. Said notice shall specify the purposes for which said
bonds are to be issued and an estimate of the amount of the issue, and
shall notify the electors of the city that they will be called upon to vote
either for or against such issue at such election. It shall be the duty of
the city clerk of such cities to cause ballots to be prepared, either sepa-
rately from other ballots in case of a special election, or upon other bal-
lots in case of an annual election, with the words, ''For the issue of city
bonds for (the purposes for which the bonds are to be issued)," and
"Against the issue of city bonds (for the purposes for which the bonds
are to be issued)," leaving the place opposite each proposition in which
the voter shall mark by appropriate symbol his vote for or against such
bonds. If upon a canvas of the votes upon such proposition a majority
of the votes be for the issue of such bonds, then the mayor and city
council are authorized to issue such bonds as provided in this chapter.
[L. 1895, ch. 80, § 60; R. S. 1899, § 1646. |

ELECTIONS IN CITIES OF SECOND CLASS.

§ 1769. Classification. For the purposes of this chapter all incor
porated cities in this state, whether incorporated under a general law or
a special act, having a population of six thousand or more, and less than
nine thousand, according to the census taken last preceding, under the

28 ELECTION LAWS OF WYOMING, 1920.

authority of the United States of America, or of this state, shall be cities
of the second class. The said cities of the second class as defined by this
chapter, shall be hereinafter referred to and designated as "said cities"
or "said city." Nothing in this chapter contained shall be held or con-
strued to invalidate any acts, proceedings or elections, held, had, con-
ducted or performed under and by virtue of the section hereby amended
and the chapter containing it, but any and all elections held under the
provisions of said chapter and the section hereby amended, in said cities
of the second class as therein defined, during the year A. D. 1900, are
hereby legalized and shall be deemed and held to be legal and valid,
whether the said cities were then cities of the second class, as defined by
the section hereby amended, or under the provisions of this chapter. [L.
1897, ch. 28, § 1; R. S. 1899, § 1673; L. 1901, ch. 15, §§ 1, 2.]

§ 1771. Elective and appointive officers. At all elections hereafter
held in said cities, there shall be elected the mayor and the councilmen,
and no other officers ; and all other officers of said cities, holding regular
and fixed terms, including the tre-asurer and the clerk, shall be appointed
by the mayor, by and with the advice and consent of the council. [L.
1897, ch. 28, §3; R. S. 1899, § 1675.]

§ 1772. Municipal elections. At the first election held in any city
next ensuing after such city shall acquire the requisite population to come
within the provisions of this chapter, there shall be elected the mayor and
also the councilmen who are then to be elected according to the laws and
ordinances heretofore in force, and they shall hold their offices respect-
ively for the terms beginning with the date of their qualification, accord-
ing to the laws or ordinances heretofore in force, to and until the first
Monday in January succeeding the first ensuing general election of
county officers; and all appointive officers of said city appointed at the
time fixed by the laws or ordinances heretofore in force after said first
city election shall hold their offices for the period prescribed for elective
officers by this section, and until their successors are appointed and quali-
fied. The councilmen whose terms of office extend beyond said first city
election, shall continue in office until their terms have severally expired,
when their immediate successors shall be appointed by the mayor, by and
with the advice and consent of the councilmen whose terms of office shall
not have expired at the time of such appointment. Such appointees shall
be appointed for the fractional term intervening between their appoint-
ment and the first Monday in January succeeding the next ensuing gen-
eral election of county officers, and they shall severally reside in the ward
which they are appointed to represent. [L. 1897, ch. 28, § 4; R. S. 1899,
§ 1676.]

§ 1773. Election of officers. At the first election held in said cities,
occurring at the time of the general election of county officers, each ward
shall elect two councilmen, one of whom shall be elected for the term of
two years, and one of whom shall be elected for the term of four years,
and the term of such service shall be printed on the official ballot of such
election; and thereafter, at each succeeding election held in said cities,
one councilman shall be elected in each ward for the full term of four
years. The mayor elected at each election held at the time of the general
election for the election of county officers, shall be elected for the term of
tw^o years from the time fixed for his qualification. [L. 1897, ch. 28, § 5 ;
R. S. 1899, § 1677.]

ELECTION LAWS OF WYOMING, 1920. 29

§ 1774. Terms of office. The terms of office of the mayor and coun-
cilmeii, elected at the time of holding the general election for the election
of county officers, shall begin on the first Monday of January next suc-
ceeding their election, and the terms of all appointive officers of said city
shall be for two years following their appointment and until their suc-
cessors are appointed and qualified and their terms of office shall begin as
near as practicable on the first Monday in January in each odd numbered
year, but the appointive officers of said city, at the time such city shall
acquire the requisite population to come within the provisions of this
chapter and holding their appointment by virtue of the laws or ordinances
heretofore in force shall hold such appointment until the first Monday in
January, succeeding the first ensuing general election of county officers,
and until their successors are appointed and qualified. [L. 1897, ch. 28,
§ 6; R. S. 1899, § 1678.]

§ 1775. Wards. Each city of the second class shall have power, in-
its corporate capacity to divide the city into three wards, define the
boundaries of each ward, and change, from time to time, the boundaries
thereof, in such manner as shall make said wards of equal population of
voting strength, as near as practicable, or in such manner as shall be
deemed necessary and expedient for the convenience of the people. [L.
1897, ch. 28, § 7; R. S. 1899, § 1679.]

§ 1776. Election — When held — Officers. The city election in said
cities shall be held in each even numbered year, at the date and time of
the general county elections. The judges and clerks of such county elec-
tions, within the limits of said cities, shall act as judges and clerks for the
election of city officers at such elections, but they shall receive no addi-
tional compensation for their services in conducting said elections or per-
forming any duties connected therewith, than that which may be pro-
vided by law. The said judges of election shall count and canvass the
votes for city officers voted for at such elections, and make due return
thereof, as in the case of county officers. The names of all candidates for
city officers shall be printed on the official ballots for county officers, and
the said cities shall pay their pro rata and proportionate share of the cost
of preparing and printing such ballots. Such elections in regard to the
city officers shall be conducted and canvassed in the same manner as in
the case of county officers, and the county clerk shall issue certificates of
election to the city officers elected at such elections, as in the case of
county officers elect. The nominations of all candidates for city officers,
made prior to such elections, shall be in due time certified to the county
clerk, as in the case of county officers, within the time required by law for
filing certificate of nominations for county officers. [L. 1897, ch. 28, § 8 ;
R. S. 1899, § 1680.]

§ 1777. Tie vote — How decided. When a tie shall occur in the elec-
tion of any city officer, the county clerk shall certify that fact to the city
council, and such council shall, by order or resolution, entered of record,
declare which of the persons receiving the same and equal number of
votes at such election, shall be elected, and thereupon the person declared
elected shall be entitled to hold office for the full term thereof. [L. 1897,
ch. 28, § 9;R. S. 1899, § 1681.]

§ 1798. Terms of office in cities of 3,500 to 5,000 population. In

every town incorporated under the general laws of this state having a
population of not less than thirty-five hundred nor more than five thou-

30 ELECTION LAWS OF WYOMING, 1920.

sand, to be determined by the last preceding United States census, not
being a county seat and which is not embraced within the definition of
cities either of the first or second class as heretofore defined by law, the
term of office of the mayor shall be two years, and of councilmen four
years; Provided, That at the next annual town election, after February
18, A. D. 1899, in such towns as come within the provisions hereof, the
mayor and councilmen then to be elected shall each be elected for the
term of one year, and at the regular town election in the following year
the mayor shall be elected for the term of two years, and two councilmen
for the term of two years, and two councilmen for the term of four years,
and every two years thereafter there shall be elected one mayor for the
term of two years, and two councilmen for the term of four years. [L.
1899, ch. 56, § 1; R. S. 1899, § 1758.]

WATER WORKS FRANCHISE.

§ 1811. Franchise. The corporate authorities of any city or town
within this state shall not grant a franchise as provided in this chapter
until the question shall have beefi first submitted to the voters of such city
or town and by them approved by a majority of all the votes cast at such
election. [L. 1890, ch. 33, § 8; R. S. 1899, § 1699.]

§ 1812. Election. Any city or town council wishing to avail itself
of the provisions of this chapter, shall pass an ordinance calling an elec-
tion and submitting the question to the voters of such city or town as to
whether such city or town shall grant a franchise for the construction of
water works, which election shall be controlled and governed by the pro-
visions of the law now in force for the holding of elections in cities and
towns for the selection of officers thereof. '[L. 1890, ch. 33, § 9; R. S.
1899, § 1700.]

CHARTERED CITIES WITH 10,000 POPULATION.

For the provisions governing elections in cities incorporated under a
special charter and having a population of not less than ten thousand,
see Chapter 125, Wyoming Compiled Statutes.

METHOD OF FILLING VACANCY IN CITY OR TOWN COUNCIL

Chapter 27, Session Laws, 1913.

Section 1. Vacancy filled at next general election. In case of any
vacancy in the council of any town or city, whether such town or city is
incorporated under the general laws of this state or by special act of the
legislature, such vacancy shall be filled at the next general municipal
election held in any such city or tow^n, the person so elected to fill such
vacancy holding for the balance of the regular term of the member whose
place is thereby filled; Provided, however, That in the event that va-
cancies shall occur in any such council so that a quorum cannot be ob-
tained, then, and in that event, the mayor of said city or town shall within
ten days thereafter cause a proclamation to be issued for a special elec-
tion in the said city or town to fill such vacancies; such special election
shall be held in. the manner by law provided, within twenty days after
such proclamation is issued.

ELECTION LAWS OF WYOMING, 1920. 31

COMMISSION GOVERNMENT FOR CITIES.

[Chapter 84, Session Laws, 1911. Sections not relating to elections are

omitted. Sections 4 and 19 are as amended by Chapter

113, Session Laws, 1913.]

Section 1. Provisions apply to. The provisions of this act shall
apply to all cities heretofore incorporated under special charter and
which have not accepted the provisions of the general laws governing
the incorporation of cities, and having a population of ten thousand or
more, according to the last census, whether state or federal, preceding
the proclamation of the mayor, provided for in section 2 hereof. And the
provisions herein shall further apply to cities of the first class, and to
cities and towns having a population of not less than seven thousand,
according to the last census, state or federal, preceding the proclamation
of the mayor, provided for in section 2 hereof.

Sec. 2. Petition of fifteen per cent — Mayor shall submit. Within
five days after the filing with the city clerk of a petition of electors
equal in number to fifteen per centum of the number of registered elec-
tors, the mayor shall by a proclamation, to be published in at least one
newspaper in said city for three times, submit the question of accepting
the provisions of this act to a special election to be held at a time spec-
ified therein not less than thirty days and not more than sixty days
after said petition is filed. If the provisions of this act are not accepted
at the special election called, the question of accepting said provisions
shall not be resubmitted to the voters of said city for adoption within
two years thereafter, and then the question to accept shall be resubmitted
upon the presentation of a petition signed by electors equal in number to
twenty-five per centum of the number of registered electors.

Shall proposition to adopt be accepted? At such election the prop-
osition to be submitted shall be, "Shall the proposition to accept the
provisions of (describing this act with amendments, if any, in a general
way) for the city of (name of city) be adopted?" and the election there-
upon shall be conducted, the vote canvassed, and the result declared in
the same manner as provided by law in respect to other city elections.
If the majority of the votes cast shall be in favor thereof, the city shall
thereupon proceed to the election of a new mayor and two (2) commis-
sioners as hereinafter provided. Immediately after such proposition is
adopted, the mayor shall transmit to the secretary of state and to the
county clerk each a certificate stating that such proposition was adopted,
which such certificate shall be recorded by said officers in their ofiices.

After adoption. At the next regular city election, provided for in
this act, after the adoption of such proposition, there shall be elected a
mayor and two (2) commissioners. In the event, however, that such
next election does not occur within one year after such special election,
the mayor shall within ten days after such special election, by procla-
mation, call a special election for the election of mayor and commis-
sioners, sixty days' notice thereof being given in such call; such election
in either case to be conducted as hereinafter provided.

Sec. 3. Existing laws shall remain in effect. All laws, now in force
and effect, governing such city, and not inconsistent with the provisions
of this act, shall apply to and govern such city after it shall have accepted
the provisions of this act. All by-laws, ordinances and resolutions law-

32 ELECTION LAWS OF WYOMING, 1920.

fully passed and in force in any such city under its former organization
shall remain in force until altered or repealed by the council elected under
the provisions of this act. The territorial limits of such city shall remain
the same as under its former organization, and all rights, powers and
property of every description which were vested in any such city under
its former organization, shall vest in the same under the organization
herein contemplated, and no right or liability either in favor of or against
it existing at the time, and no suit or prosecution of any kind shall be
affected by such change, unless otherwise provided for in this act.

Sec. 4. Election— When held — Who elected — Term of office. In every
such city there shall be a regular municipal election held on the first Tues-
day after the first Monday in November in the first year, including the
year 1911, bearing an odd number after the adoption of the provisions of
this act and in every second year thereafter, at which such elections there
shall be elected a mayor and two (2) commissioners, each of whom shall
serve for the term of two years. [Chapter 113, Session Laws, 1913.]

Sec. 5. Candidates shall be nominated by primary. Candidates to
be voted for at all municipal elections at which a mayor and commission-
ers are to be elected under the provisions of this act shall be nominated
by primary election, and no other names shall be placed upon the general
ballot except those selected in the manner hereinafter prescribed. The
primary election for such nomination shall be held on the. second Tuesday
preceding such municipal election. All such primary elections shall be
called by a proclamation of the mayor, stating the time thereof and the
officers for which candidates are to be nominated, which proclamation
shall be published at least twice in some newspaper published in such
city, and the first publication of which notice shall be at least thirty (30)
and not m,ore than forty (40) days prior to said primary election, and
where there are no newspapers, the clerk shall post the notices continu-
ously for said period in his office. The judges of election appointed for
the municipal election shall be the judges of the primary election, and it
shall be held at the same place, so far as possible, and the polls shall be
opened and closed at the same hours, with the same clerks as are required
for said municipal election. Any person desiring to become a candidate
for mayor or commissioner shall, at least ten days prior to said primary
election, file with the city clerk a statement of such candidacy, in sub-
stantially the following form:

''State of Wyoming, county, ss.

"I, , being first duly sworn, say that 1

reside at street, city of , county

of , state of Wyoming; that I am a qualified

voter therein ; that I am a candidate for nomination to the office of (mayor
or commissioner) to be voted upon at the primary election to be held on

the Tuesday of , 19_., and I

hereby request that my name be printed upon the official primary ballot
for nomination by such primarv election for such office.

' " (Signed)

''Subscribed and sworn to (or affirmed) before me by

on this day of , 19__.

"(Signed) "

and shall at the same time file therewith the petition of at least twenty-
five qualified electors of such city requesting such candidacy, which peti-
tion shall be in substantially the following form :

ELECTION LAWS OF WYOMING, 1920.

'PETITION ACCOMPANYING NOMINATING STATEMENT.

''The undersigned, duly qualified electors of the city of

and residing at the places set opposite our respective names hereto, do
hereby request that the name of (name of candidate) be placed on the
ballot as a candidate for nomination for (name of office) at the primary

election to be held in such city on the Tuesday of ,

19__. We further state that we know him to be a qualified elector of
said city and a man of good moral character and qualified in our judg-
ment for the duties of such office.

Names of Qualified Electors Age Length of Residence Street Number

Immediately upon the expiration of the time of filing the statements
and petitions for candidates, the said city clerk shall cause to be pub-
lished all the names of the persons nominated in proper form as they are
to appear upon the primary ballot in three successive issues of all the
daily newspapers published in said city, and where there are no news-
papers the clerk shall post notices continuously for said period in his
said office ; at any time prior to five days before such primary election
any candidate for nomination may withdraw his candidacy by filing with
the city clerk a statement to that effect signed and sworn to by him. The
said clerk shall cause the primary ballots to be printed five days before
such primary election. Upon the said ballot the names of the candidates
for the office of mayor, arranged alphabetically, shall first be placed, with
a squar^at the left of each name and immediately at the left of such
squares, a brace including the jiames of all the candidates for said office
shall be placed and printed instructions, "Vote for one." Following
these names, likewise arranged in alphabetical order, shall appear the
names of the candidates for the office of commissioners with a square at
the left of each name and at the left of such squares a brace including the
names of all the candidates for said offices shall be placed and the printed
instruction, "Vote for two." The ballot shall be printed upon plain, sub-
stantial white paper, and shall have no party designation or mark what-
ever. The ballots shall be in substantially the following form:

(Place a cross in the square preceding the names of the parties you
favor as candidates for the respective positions.)

OFFICIAL PRIMARY BALLOT.

Candidates for nomination for mayor and commissioners of the city
of at the primary election.

(Date of Primary.)

For Mayor
Vote for one

(Name

of Candidate)

For Commissioners ) 1 — 1
Vote for two ) 1 — 1

(Name

of Candidate)

Having caused said ballots to be printed, the said city clerks shall
cause to be delivered at each polling place a number of said ballots equal

34 ELECTION LAWS OF WYOMING, 1920.

to twice the number of the registered electors. The persons who are
qualified to vote at the general municipal election shall be qualified to
vote at such primary election; and the law applicable to challenges at a
general municipal election shall be applicable to challenges made at such
primary election. Judges of election shall, immediately upon the closing
of the polls, count the ballots and ascertain the number of votes cast in
such precinct for each of the candidates, and make return thereof to the
city clerk, upon proper blanks to be furnished by the said city clerk,
within six hours of the closing of the polls. On the day following the.
said primary election, the said city clerk shall canvass said returns so
received from all polling precincts and shall make and publish in all the
newspapers of said city, at least once, the result thereof, and if there be
no newspapers, he shall post the same in his office. Said canvass by the
city clerk shall be publicly made. The two candidates receiving the
highest number of votes for m'ayor shall be the candidates, and the only
candidates, whose names shall be placed upon the ballot for mayor at the
next succeeding general municipal election. The four candidates receiv-
ing the highest number of votes for commissioners, or all such candidates
if less than four, shall be the candidates, and the only candidates whose
names shall be placed upon the ballot for commissioner at such municipal
election. All electors of cities under this act who by the laws governing
such cities would be entitled to vote for the election of officers at any
general municipal election in such cities, shall be qualified to vote at all
elections under this act; and the ballot at such general municipal elec
tions shall be in the same general form as for such primary election, so
far as applicable, and in all elections in such city the election precincts,
voting places, method of conducting election, canvassing the vote and
announcing the results, shall be the same as by law provided foi^election
of officers in such cities, so far as the same are applicable and not incon-
sistent with the provisions of this act. Provided, That in case the num-
ber of candidates for mayor so named by petition does not exceed two,
then the names of such candidates for mayor shall not be voted upon at
said primary election, but shall be placed upon the official ballot as
though nominated at such primary; and in case the number of candi-
dates for commissioners so named by petition does not exceed four, then
the names of such candidates for commissioners shall not be voted upon
at such primary election, but shall be placed upon the official ballot the
same as though nominated at such primary; and where the number of
candidates for mayor does not exceed two and the number of candidates
for commissioners does not exceed four to be voted upon at such primary
election, then no such primary election shall be held.

No special registration. Preceding all such elections and all special
elections provided for by this act there shall be no registration of elec-
tors, but at all primary elections and other elections the registration lists
prepared for the respective precincts of such city preceding the last pre-
ceding general county or state election shall be used and the general
laws applicable to the swearing in of the votes of non-registered electors
shall be applicable; where the words "registration lists" occur in this
act they shall be taken to refer to the aforesaid registration lists, and-
where the words '^ registered electors" occur in this act they shall be
taken to refer to the electors whose names are registered in said registra-
tion lists.

Sec. 6. Punishment for agreeing to serve candidate. Any person
who shall agree to perform any service in the interest of any candidate

ELECTION LAWS OF WYOMING, 1920. 35

for any office provided in this act, in consideration of any money or other
valuable thing for such services performed in the interest of any candi-
date shall be punished in the city' police court by a fine not exceeding
one hundred dollars ($100.00) or be imprisoned in the city jail not ex-
ceeding thirty (30) days, or both, which punishjnent shall be in addition
to and not a bar to any other punishment now provided by statute for
such offense.

Sec. 7. Bribery. Any person offering a bribe, either in money or
other consideration, to any elector for the purpose of influencing his
vote at any such election provided in this act, or any elector entitled to
vote at any such election receiving and accepting such brib*e or other
consideration; any person making false answer to any of the provisions
of this act relative to his qualifications to vote at said election ; any per-
son wilfully voting or offering to vote at such election who is not a
qualified elector of such precinct where he offers to vote; any person
knowingly procuring, aiding or abetting any violation hereof shall be
deemed guilty of a misdemeanor and upon conviction thereof in the city
police court shall be fined a sum not more than one hundred dollars
($100.00) or be imprisoned in the city jail not more than thirty (30"!
days, or both.

Sec. 8. Mayor cannot veto. Every such city shall be governed by a
council, consisting of the mayor and two commissioners, chosen as pro-
vided in this act, each of whom shall have the right to vote on all ques-
tions coming before the council. Two memibers of the council shall con-
stitute a quorum, and the affirmative vote of two members shall be neces-
sary to adopt any motion, resolution or ordinance, or pass any measure,
unless a greater number is provided for in this act. Upon every vote the
yeas and nays shall be called and recorded, and every motion, resolution
or ordinance shall be reduced to writing and read before the vote is taken
thereon. The mayor shall preside at all meetings of the council ; he shall
have no power to veto any measure, but every resolution or ordinance
passed by the council must be signed by the mayor, or by two commis-
sioners, and be recorded, before the same shall be in force.

Sec. 14. Interest in public utilities forbidden to officers and em-
ployees. No officer or employee elected or appointed in any such city shall
be interested, directly or indirectly, in any contract or job for work or
materials, or the profits thereof, of services to be furnished or performed
for the city; and no such officer or employee shall be interested directly
or indirectly, in any contract or job for work or materials, of the profits
thereof, or services to be furnished or performed for any person, firm or
corporation operating interurban railway, street railway, gas works,
water w^orks, electric light or power plant, heating plant, telegraph line,
telephone exchange, or other public utility within the territorial limits of
said city. No such officer or employee shall accept or receive, directly or
indirectly, from any person, firm or corporation operating within the ter-
ritorial limits of said city, any interurban railway, street railway, gas
works, water works, electric light or power plant, heating plant, tele-
graph line or telephone exchange, or other business using or operating
under a public franchise, any frank, free ticket or free service, or accept
or receive, directly or indirectly, from any such person, firm or corpora-
tion, any other service upon terms more favorable than is granted to the
public generally. Any violation of the provisions of this section shall be
a misdemeanor, and every such contract or agreement shall be void.

36 ELECTION LAWS OF WYOMING, 1920.

Such prohibition ^f free transportation shall not apply to policemen or
firemen in uniform; nor shall any free service to city officials heretofore
provided by any franchise or ordinanc'e be affected by this section.

Any officer or employee of such city who, by solicitation or other-
wise, shall exert his influence directly or indirectly to influence other
officers or employees of such city to adopt his political views or to favor
any particular person or candidate for office, or who shall in any manner
contribute money, labor, or other valuable thing to any person for elec-
tion purposes, or shall violate any other provision of this section, shall be
guilty of a misdemeanor, and upon conviction shall be punished by a fine
not exceeding one hundred dollars ($100.00) or by imprisonment in the
city jail not exceeding thirty (30) days, or both.

All officers and employees in any such city shall be elected or ap-
pointed with reference to their qualifications and fitness, and for the
good of the public service, and without reference to their political faith
or party affiliations.

It shall be unlawful for any candidate for office, or any officer in any
such city, directly or indirectly, to give or promise any person or per-
sons any office, position, employments, benefit, or anything of value, for
the purpose of influencing or obtaining the political support, aid or vote
of any person or persons.

Every elective officer in any such city shall, within thirty days after
qualifying, file with the city clerk his sworn statement of all his election
and campaign expenses, and by whom such funds were contributed.

Sec. 17. Construction. In the construction of this act and of other
stautes governing such cities the following rules shall be observed, un-
less such construction would be inconsistent with the manifest intent, or
repugnant to the context of the statute:

1. The words '' councilman" or '^ alderman" shall be construed to
mean ''commissioner" when applied to cities under this act.

2. When an office or officer is named in any law referred to in this
act, it shall, when applied to cities under this act, be construed to mean
the office or officer having the same functions or duties under the pro-
visions of this act, or under ordinances passed under authority thereof,

3. The word ''franchise" shall include every special privilege in
the streets, highways and public places of the ci>ty, whether granted by
the state or the city, which does not belong to the citizens generally by
common right.

4. The word "electors" shall be construed to mean persons qualified
to vote for elective offices at regular municipal elections.

Sec. 18. Recall, The holder of any elective office may be removed at
any time by the electors qualified to vote for a successor of such incum-
bent. The procedure to effect the removal of an incumbent of an elective
office shall be as follows: A petition signed by electors who are registered
in the registration lists and who are entitled to vote for a successor to the
incumbent sought to be removed, equal in number to at least twenty-five
per centum of the entire number of registered electors, demanding an
election of a successor of the person sought to be removed shall be filed
with the city clerk, which petition shall contain a general statement of
the grounds for which the removal is sought. The signatures to the
petition need not all be appended to one paper, but each signer shall add
to his signature his place of residence, giving the street and number. One

ELECTION LAWS OF "WYOMING, 1920. 3t

of the signers of each such paper shall make oath before an officer com-
petent to administer oaths that the statements therein made are true as
he believes, and that each signature to the paper appended is the genuine
signature of the person whose name it purports to be. Within ten day.*
from the date of filing such petition the city clerk shall examine and
from the registration lists ascertain whether or not said petition is
signed by the requisite number of qualified electors, and, if necessary, the
council shall allow him extra help for that purpose; and he shall attach
to said petition his certificate, showing the result of said examination. If
by the clerk 's certificate the petition is show^n to be insufficient, it may be
amended within ten days from the date of said certificate. The clerk shall
within ten days after such amendment, make like examination of thf*
amended petition, and if his certificate shall show the same to be insuf-
ficient, it shall be returned to the person filing the same ; without preju-
dice, however, to the filing of a new petition to the same effect. If the
petition shall be deemed to be sufficient, the clerk shall submit the same
to the council without delay. If the petition shall be found to be sufficient,
the council shall order and fix a date for holding the said election, not
less than thirty days or more than forty days from the date of the clerk's
certificate to the council that a sufficient petition is filed.

The council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be con-
ducted, returned and the result thereof declared, in all respects as are
other city elections. The successor of any officer so removed shall hold
office during the unexpired term of his predecessor. Any person sought
to be removed may be a candidate to succeed himself, and unless he re-
quests otherwise in writing at least ten days prior to the date of the spe-
cial primary election herein provided, the clerk shall place his name on
the official ballot without nomination. On the second Tuesday preceding
the date fixed for such special election a special primary election for the
selection of candidates shall be held, the said special primary election
and nomination therefor to be governed by the provisions of this act;
Provided, That if the person sought to be removed is a candidate but one
opposing candidate shall be selected at such special primary election and
the ballots shall be changed accordingly, and in such case the special pri-
mary election shall be held if there shall be more than one person nom-
inated ; and. Provided, further. That if there are no candidates nominatea
against the officer sought to be removed no such special election shall be
held but such officer shall continue in office. In any such removal election,
the candidate receiving the highest number of votes shall be declared
elected. At such election if some other person than the incumbent receives
the highest number of votes the incumbent shall thereupon be deemed re-
moved from the office upon qualifi^cation of his successor. In case the
party who receives the highest number of votes should fail to qualify,
within ten days .♦/'er receiving notification of election the office shall be
deemed vacant. 1] the incumbent receives the highest number of votes
he shall continiK' in office. The said method of removal shall be cumula-
tive and additional to the methods heretofore provided by law.

Sec. 19.' Initiative. Any proposed ordinance may be submitted to
the council by petition signed by electors of the city equal in number to
the percentage hereinafter required. Tlje signatures, verifications, au-
thentications, inspection, certification, amendment and submission of such
petition shall be the same as provided for petitions under Section 18
hereof. If the petition accompanying the proposed ordinance be signed

38 ELECTION LAWS OF WYOMING, 1920.

by electors equal in number to thirty per centum of the number of reg-
istered electors, and contains a request that the said ordinance be sub-
mitted to a vote of the people if not passed by the council, such council
shall either

1. Pass said ordinance without alterations within twenty days after
attachment of the clerk's certificate to the accompanying petition, or

2. Forthwith after the clerk shall attach to the petition accompany-
ing such ordinance his certificate of sufficiency, the council shall call a
special election to be held not more than sixty days and not less than
twenty days thereafter, unless a general municipal election is fixed within
ninety days thereafter, and at such special or general municipal election,
if one is so fixed, such ordinance shall be submitted without alteration to
the vote of the electors of said city.

The ballots used when voting upon said ordinance shall contain these
words, ''For the Ordinance" (stating the nature of the proposed ordin-
ance), and ''Against the Ordinance" (stating the nature of the proposed
ordinance). If a majority of the qualified electors voting on the proposed
ordinance shall vote in favor thereof, such ordinance shall thereupon be-
come a valid ^nd binding ordinance of the city ; and any ordinance pro-
posed by petition, or which shall be adopted by a vote of the people, can-
not be repealed or amended except by a vote of the people. Any number
of such proposed ordinances may be voted upon at the same election, in
accordance with the provisions of this section; bat there shall not be
more than one special election in any period of six months for any of the
purposes provided for in this act. The council may submit a proposition
for the repeal of any such ordinance or for amendments thereto, to be
voted upon at any succeeding general city election or at any special elec-
tion called for any other purpose; and should such proposition so sub-
mitted receive a majority of the votes cast thereon at such election, such
ordinance shall thereby be repealed or amended accordingly. Whenever
any ordinance or proposition is required by this act to be submitted to the
voters of the city at any election, the city clerk shall cause such ordinance
or proposition to be published once in each of the daily newspapers pub-
lished in said city, and if there be no daily, then in all the other papers
published once or more each week in said city; and, if there be no such
newspapers, then the clerk shall post the same in his ofiice for the period
required, such publication or posting to be not more than twenty nor less
than five days before the submission of such proposition or ordinance to
be voted on. [Chapter 113, Session Laws, 1913.]

Sec. 20. Referendum. No ordinance passed by the council, except
an ordinance for the immediate preservation of the public peace, health
or safety, which contains a statement of its urgency and is passed by a
two-thirds vote of the council shall go into effect before ten days from the
time of its final passage ; and if during said ten days a petition signed by
electors of the city equal in number to at least thirty-five per centum of
the entire number of registered electors, protesting against the passage
of such ordinance, be presented to the council, the same shall thereupon be
suspended from going into operation, and it shall be the duty of the coun-
cil to reconsider such ordinance ; and if the same is not entirely repealed,
the council shall submit the ordinance, as is provided by sub-section 2 of
Section 19 of this act, to the vote of the electors of the city, either at the
general election or at a special municipal election to be called for that
purpose ; and such ordinance shall not go into effect or beconle operative
unless a majority of the qualified electors voting on the same shall vote in

ELECTION LAWS OF WYOMlNO, 1920. 39

favor thereof. Said petition shall be in all respects in accordance with the
provisions of said Section 19, except as to the percentage of signers, and
be examined and certified by the clerk in all respects as therein provided.
No franchise or right to occupy or use the streets, highways, bridges, or
public places in any city organized or acting under this act, or for inter
urban or street railways, gas or water works, electric light or power plant,
heating plants, telegraph or telephone systems, or other public service
utilities within said city, shall .be granted, renewed, amended or extended
except by ordinance and by following the procedure as follows : Every
such ordinance shall be complete in the form in which it is finally passed,
and remain on file with the city clerk for public inspection for at least ten
days before the final passage thereof; such ordinance shall also be pub-
lished at least once in all the papers of the city or town at least one week
before the final passage thereof; Provided, That if there are no news-
papers published in such city or town then the filing with the city clerk as
above provided shall be sufficient. If at any time during the ten days
hereinabove mentioned a protest against the passage of such ordinance
signed by ten per centum of the qualified voters of the city or town as
shown by the last general municipal election shall be filed with the city
clerk, then the council shall not pass such ordinance. The. council may,
in its discretion, however, submit said ordinance to the qualified electors
of such city or town at the next general or special municipal election in
the same manner as is provided in sub-division 2 of Section 19 of this act.
Provided, That the provisions of this section shall not apply to ordi-
nances initiated and adopted by a vote of the people under SJection 19
hereof.

Sec. 21. Only legal voters may petition. Petitions provided for in

this act shall be signed by none but legal voters of the city. Each petition
shall contain, in addition to the names of the petitioners, the street and
house number in which the petitioner resides, his age and length of resi-
dence in the city. It shall also be accompanied by the affidavit of one or
more legal voters of the city stating that the signers thereof, were at the
time of signing, legal voters of said city, and the number of signers at the
time the affidavit was made. [Chapter 84, Session Laws, 1911.]

ABANDONMENT OF COMMISSION FORM OF GOVERNMENT.
[Chapter 5, Session Laws, 1915.]

Section 1. May abandon after three years. That at any time after
the expiration of three years from the adoption by any city of the pro-
visions of Chapter 84, Session Laws of Wyoming, 1911, known as ''The
Commission Form of Government" such city can abandon such form of
government as hereinafter provided.

Sec. 2. Petition. Within five days after the filing with the city clerk
of a petition of electors equal in number to fifteen per centum of the num
ber of registered electors of such city, the mayor shall, by proclamation to
be pubKshed at least three times in any newspaper of general circulation
within such city, submit the question of abandoning the commission form
of government to a special election to be held at a time specified therein,
not less than thirty days nor more than sixty days after said petition is
filed.

Sec. 3. Question submitted — Election. At such election the propo-
sition to be submitted shall be ' ' Shall the commission form of government
for the city of (name of city) be abandoned?" and the election thereupon

40 ELECTION LAWS OF WYOMING, 1920.

shall be conducted, the vote canvassed, and the result declared in the
same manner as provided by law in respect to other city elections. If the
majority of the votes cast shall be in favor thereof, such city shall at the
next general election proceed to elect officers in the same manner as if the
commission form of government had never been adopted and such city
shall, upon the qualifying of such officers so elected revert to the form of
government under which it was governed prior to the adoption of the
commission plan of government.

•
Sec. 4. Time of filing petitions. Petitions for special elections as
provided for in this act must be filed in the office of the city clerk at
least one hundred and twenty days prior to the gfeneral city election next
succeeding such filing of such petition and no election hereunder shall be
held within the sixty days preceding such general election.

Sec. 5. Result recorded. Immediately after such special election the
mayor shall transmit to the secretary of state and to the county clerk each
a certificate stating the result of such election, which such certificate shall
be recorded by said officers in their offices.

BONDS.

§ 1870. Proposition to issue wat^ bonds. No bonds shall be issued
for the purpose provided by this chapter until the proposition to issue the
same shall have been submitted to a vote of the qualified electors of such
city or town, and by them approved ; such proposition to be so submitted
at any annual election or at a special election to be called for that pur-
pose; such election to be conducted in the same manner as other city or
town elections; the proposition so submitted to a vote of the qualified
electors shall specify the amount of bonds proposed to be issued, the rate
of interest and the purpose for which it is proposed to issue the bonds. At
any such election the official ballot shall contain the words: ''For water
bonds," and "Against water bonds," as the case may be. If a majority
of the votes cast upon the proposition shall be for the bonds, then such
proposition shall be deemed to have been approved by the people. At
such election the elector shall prepare his ballot by crossing therefrom
such parts so that the remaining parts shall express his vote upon the
proposed question submitted. [L. 1895, ch. 8, § 1 ; R. S. 1899, § 1708.]

City of Cheyenne v. State, 17 Wyo. 97, 96 Pac. 244.

For the provisions governing the issuance of other classes of bon-ds
see the following: Viaduct Bonds, Sec. 1881. Sewerage and Irrigation
Bonds, Sec. 1888. Electric Plant Bonds, Sec. 1902. Park Bonds, Sec.
1913. School District Bonds, Sees. 2028, 2029. Fire Department Building
Bonds, Chap. 29, Session Laws, 1915. Cemetery Bonds, Chap. 90, Session
Laws, 1917.

SCHOOL ELECTIONS.

For the provisons governing elections in school districts, see»Chapter
135, Wyoming Compiled Statutes, 1910; also School Laws of Wyoming,
issued by the Commissioner of Education.

For elections in High School Districts, see Chapter 142, Wyoming
Compiled Statutes, and Chapter 158, Session Laws, 1915.

ELECTION LAWS OF WYOlVfiNG, 1920. 41

CHAPTER 143.

GENERAL ELECTIONS.

§ 2084. Time of general elections — What officers elected. There
shall be held in the several voting precincts of Wyoming, on the Tuesday
next after the first Monday in November, in the year eighteen ninety-two,
and on the Tuesday next after the first Monday in November in each sec-
ond year thereafter, a general election, at which the following officers
shall be elected : A representative or representatives in congress, mem-
bers of the senate and house of representatives of the state from each
county as provided by law, and to which such county may be entitled, and
all state and district executive and judicial officers which are made elec
tive by law, whenever there is a vacancy in any state or district executive
or judicial office, or whenever subsequent to such election and prior to the
next general election, any state or district executive or judicial offices
shall become vacant by reason of the termination of the terms of office of
the incumbents therein ; Provided, however. That whenever a vacancy in
any state or district office as aforesaid shall occur, less than twenty-five
davs prior to such election then, in that case, at such election no person
sh^ll be elected to fill such vacancy. [L. 1890-91, ch. 100, § 1 ; R. S. 1899.
§ 195.]

In re. Moore, 4 Wyo. 98, 31 Pac. 980; State v. Schnitger, 17 Wyo. 8a, 96 Pac. 238.

§ 2085. Presidential electors. At the general election held in the
year nineteen hundred and at the general election held every fourth year
thereafter, there shall be elected the number of electors of and for the
president and vice-president of the Uunited States of America, to which
this state may be entitled. [L. 1897, ch. 53, § 1; R. S. 1899, § 196.]

§ 2086. Representatives in congress and members state legislature.

•At each of said elections, there shall also be elected as many representa-
tives in congress, as may be apportioned by congress to this state, and in
each county, such state senator or state senators, as the said county may
be entitled to by law, and as should be elected at such election, and also
such representative or representatives in the legislature of this state, as
such county as a representative district shall be entitled to by law. [L.
1890-91, ch. 68, § 3 ; R. S. 1899, § 197.]

state V. Brooks, 14 Wyo. 418, 84 Pac. 488, 6 L. R. A. (N. S.) 750.

§ 2087. Vacancy in state office. At each of said general elections
there shall also be elected such state officers as may be required to be
elected to fill any vacancy occuring by operation of law, or the constitu-
tion of this state, including any vacancy or vacancies in the office of jus-
tice of the supreme court. [L. 1890-91, ch. 68, § 4; R. S. 1899, § 199.]

In re. Moore, 4 Wyo. 108, 31 Pac. 980; State v. Brooks, 14 Wyo. 418, 84 Pac. 488
6 L. R. A. (N. S.) 750.

Section 1. United States senator. Whenever by amendment to the
constitution of the United States senators in congress are required to be
elected by the people of the several states, and a senator in congress is
to be elected by the people of this state, such election shall occur at the
general election to be held next preceding the commencment of the term
of the senator to be elected, and such election shall be conducted in all
respects in the same manner as provided by law for the election of a rep-
resentative in congress, including the proclamation for the election, the
nomination of candidates, the certification of candidates, the preparation
and marking of ballots, canvass of the vote and certifying to the elec-

42 ELECTION LAWS OF WYOMING, 1920.

tion, and all the provisions of law now or hereafter in force governing
the nomination of candidates for and the election of a representative
in congress are hereby made applicable to and shall govern and control
the nomination of candidates for and the election of senators in congress.
Provided, That in case of such amendment to the constitution of- the
United States, any vacancy occurring in the office of a senator in congress
from this state shall be filled at the next general election following the
occurrence of such vacancy, and that in the meantime such vacancy shall
be filled temporarily by appointment by the governor of the state, and
the person so appointed shall hold said office until the vacancy shall be
filled by election at the time and in the manner herein provided. [Chap-
ter 91, Session Laws, 1913.]

§ 2088. State officers. At the general election held in the year one
thousand eight hundred and ninety-four, and at the general election held
every fourth year thereafter, there shall be elected a governor, a secretary
of state, an auditor, treasurer, a superintendent of public instruction, and
such other state officers as are, or may be, created by law and made elec-
tive, whose election shall occur, or ought to occur, at such general elec-
tion. [L. 1890-91, ch. 68, § 6; R. S. 1899, § 198.]

In re. Moore, 4 Wyo. 108, 31 Pac. 980; State v. Brooks, 14 Wyo. 418, 84 Pac. *488.
6 L. R. A. (N. S.) 750.

§ 2089. Justices of supreme court. Justices of the supreme court
shall also be elected at such general election as shall occur next preceding
the expiration of their respective terms, whether the same shall be for
full terms, or to fill a vacancy or vacancies in an unexpired term. [L.
1890-91, ch. 68, § 7; R. S. 1899, § 200.]

state V. Brooks, 14 Wyo. 418, 84 Pac. 488, 6 L. R. A. (N. S.) 750.

§2090. District judges. At the general election held in the year
A. D. eighteen hundred and ninety-six, and at the general election helcl
every sixth year thereafter, there shall be elected in each judicial district
in this state one judge of the district court for such judicial district,
and in case of a vacancy occurring in the said office of a judge of the
district court, in any judicial district of this state, either as now or as
hereafter constituted, for any cause whatever, such vacancy shall be
filled at the general election, when such vacancy shall be required to be
filled by law or the constitution of this state. [L. 1890-91, ch. 68 § 8 •
R. S. 1899, § 201.]

state V. Brooks, 14 Wyo. 418, 84 Pac. 488, 6 L. R. A. (N, S.) 750; State v. Schniteer
17 Wyo. 80, 96 Pac. 238. '

§ 2091. County officers to be elected. The following county and
precinct officers shall hold their office by election; and there shall be
held in the several voting precincts of this state, on the Tuesday next
following the first Monday in November, in the year of our Lord, one
thousand, eight hundred and ninety-two, and on the Tuesday next fol-
lowing the first Monday in November, in each second year thereafter, a
general election at which the following county and precinct officers shall
be elected.

The clerk.

The commissioners. •

The surveyors.

The sheriff.

The county treasurer.

The county and prosecuting attorney.

The superintendent of schools.

ELECTION LAWS OF WYOMING, 1920. 43

The assessor.

The coroner.

The justices of the peace.

The constables.

The clerk of the district court for each county, whenever his term of
office shall expire before the next general election, or whenever a vacancy
therein is to be filled, and such other county and precinct officers which
may be created and made elective by law. In counties having ^ assessed
valuation not exceeding five million dollars, the county clerk shall be ex
officio clerk of the district court, and shall perform all the duties pertaiii-
ing to the office of clerk of the district court, but shall receive no addi-
tional or separate compensation therefor. [L. 1890-91, ch. 68, § 1 ; L.
1890-91, ch. 100, § 3; L. 1895, ch. 73, § 1 ; L. 1899, ch. 65, § 5; R. S. 1899,
§ 202.]

Reals V. Smith, 8 Wyo. 165, 176, 56 Pac. 690; State v. Brooks, 14 Wyo. 418, 84 Pac. 488,
6 L. R. A. (N. S.) 750; State v. Schnitger, 17 Wyo. 80, 96 Pac. 238; Ballantyne v. Bower,
17 Wyo. 361, 99 Pac. 869.

§ 2092. Who may vote. Except as hereinafter provided, every per-
son shall be qualified and entitled to vote, who is a citizen of the United
States, and over the age of twenty-one years, and who has been a bona
fide resident of Wyoming for one year, and of the county wherein his
residence is located, sixty days next preceding the election at which he
votes and of the elect^n district wherein he seeks to vote, for a period of
ten days next preceding such election, and who shall be able to read the
constitution of this state, and who has complied with the provisions of
law concerning registration; Provided, however. That any person pre-
vented by physical disability from being able to read the constitution of
this state, shall not for that reason, while laboring under such disability,
be deprived of his right to vote. Provided, further. That where any
qualified elector who has registered in any precinct in any city or town
moves into any other precinct in such city or town, before the date of
election, such voter-shall be entitled to vote in the precinct where regis-
tered. Provided, further, That any person who is a citizen of the
United States and who was a qualified elector in Wyoming on the tenth
day of July in the year eighteen hundred and ninety, and who has since
then continued to be a resident of this state, and has complied with the
provisions of law concerning registration, shall continue to be an elector
of this state ; and Provided, moreover, That any person who is serving in
the army of the United States, or an officer or soldier, and who is residing
on any military reservation in this state shall not be entitled to vote at
any election held in this state, unless such person has acquired the rights
of citizenship by residence therein for a period of not less than one year
while not serving in the army of the United States as such officer or
soldier. [Chapter 60, Session Laws, 1911.]

§ 2093. Elector absent from his precinct. It shall be lawful for any

elector, being a qualified elector of the state of Wyoming, whose duties
are such as to cause his absence from -his regular place of residence at
regular or statecl intervals, who may on the occurrence of any regular
election be absent from his county because of such regular duties or reg-
ular occupation requiring absence from voting place, to vote for county,
district or state officers, members of the legislature, members of congress
and electors of president and vice-president of the United States in am^
county where he may be present for that purpose on the day of such elec-
tion under the regulations hereinafter prescribed. But nothing in this

44 ELECTION LAWS OF WYOMING, 1920.

act shall be construed to authorize the voting by elector in any precinct
other than his own within the county of his residence. [Sec. 1, Chapter
102, Session Laws, 1915.]

§ 2094. Certificate from registration officer. Such elector must ob-
tain from the registration officers of the precinct in which he is entitled to
vote a certificate showing that such elector is entitled to vote, giving the
name and residence of such elector, also the number of the registration as
appears upon the registration books of such precinct, and if any elector so
applying to vote whose place of residence is in a precinct where prior
registration is by law not required, then such elector must furnish such
judges of election his affidavit taken before the county clerk of his county,
which affidavit shall show the name of such elector, his business and occu-
pation, his place of residence and that such residence is located in a pre-
cinct where prior registration is not required by law.

Before the registration agent or county clerk shall issue a certificate
as aforesaid, every elector desiring to vote elsewhere in the state than at
his home precinct must take and subscribe to the following oath before
the county clerk, notary public or other officer possessing the power to
administer oaths, and same must bear seal of said officer :

''I, , do solemnly swear that I am

an actual resident of polling precinct No ,Jn

county, Wyoming; that I have registered as a voter at the forthcoming

general election; that my business is that of

and that by reason of my occupation I am compelled to be absent from
my home precinct on election dav.

''Signed

"Sworn to and subscribed before me this day of

191—.

'' (SEAL) ^_ "

After the voter shall have presented the above certificate properly
subscribed to the county clerk or registration agent, as the case may be,
he shall be furnished with a certificate as hereinbefore mentioned.

If any person shall willfully swear falsely to the affidavit herein pro-
vided for, he shall upon conviction thereof be deemed guilty of perjury,
and be punished as in such cases provided by law. If the officers of the
election permit any person to vote as herein provided without his tqjdng
said affidavit or shall neglect or refuse to perform any of the duties pre-
scribed by this act, they shall upon conviction thereof be deemed guilty
of a misdemeanor, and shall be fined not exceeding one hundred dollars
($100.00). If any county clerk or any member of the canvassing board
shall neglect or refuse to perform any of the duties prescribed by this
act, or shall reveal or divulge any of the details of any ballot herein
provided, he shall upon conviction thereof be adjudged guilty of a mis-
demeanor, and be punished by a fine not exceeding one hundred dollars
($100.00).

§ 2095. Affidavit. The voter so entitled to vote shall present him-
self at the polls where he may be on such election day, and during voting
hours, and make and subscribe before one of the judges of election, an
affidavit in substance as follows:

''I, — ^ , do solemnly swear (or affirm) that I have

actually, and not constructively, been a bona fide resident of the state of

ELECTION LAWS OF WYOMING, 1920. 45

Wyoming one year, and of the county of sixty

days next preceding this date ; that I am an actual resident of polling

precinct No , in election district No , in said county

(or in the city of ), and am in all respects a duly quali-
fied elector of said county and precinct; that I am a ,

and that because of my duties (or occupation or business) as such'
, I am required to be absent from my county (or pre-
cinct) on this day, and have not had and will have no opportunity to
vote tfiere; and that I have not voted elsewhere at this election."

Any jildge of election in any precinct in this state is hereby author-
ized to administer the oath and take and certify such affidavit. There-
upon the affiant shall be given a blank official ballot, as in the case of a
resident voter, and shall mark the same as any resident voter may, and
shall fold the same and hand it to the judges, as in the case of a resident
voter, but such ballot shall not be deposited in the ballot box nor entered
on the poll-books. It shall be securely sealed within an envelope and
this envelope, together with said affidavit, be securely sealed in an en-
velope, upon the back of which one of the judges shall write: ^'The bal-
lot of : , an absent voter of polling precinct

No , in election district No , in the county of

(or city of )" which shall be

signed by one of the judges, a copy of which affidavit the said judges
shall retain with the other affidavits and papers in connection with their
duties as such. ^ [Sec. 3, Chapter 102, Session Laws, 1915.]

§ 2096. Affidavits mailed to home county clerks. All such envelopes
shall by the judges of election, be mailed to the county clerks of the
county where such elector claims residence not later than the next suc-
ceeding day. [L. 1905, ch. 88, § 4.]

§ 2097. Canvass. The said county clerk of the county in which
said absent voter resides shall receive said ballot, and shall safely keep
and preserve the same unopened in his office until the county canvassing
board meet to canvass the vote according to law, at which time, at two
o'clock in the afternoon of the first day of the meeting of said canvassing
board, any two electors residents of the precinct in which such elector
claims residence, may appear before said canvassing board and challenge
such voter's right to vote at such election. Thereupon such elector shalj
establish his right to so vote to the satisfaction of said canvassing board
in accordance with the election laws of Wyoming. Upon the day set for
the canvass, the canvassing board together with the county clerk shall
open the said envelopes and remove therefrom the sealed envelope con-
taining the ballot and deposit same in ballot box, and the official canvass
shall be made upon votes contained in said ballot box. Any candidate or
his authorized representative may be present at the canvassing of the
non-resident votes after all of the names of the voters have been entered
upon the proper poll-book, but no such candidate nor representative shall
be permitted to see the notations on the envelopes in which the ballots
were returned from other counties. Should no such challengers appear
during the first day of meeting of said board, they shall not be permitted
to so appear thereafter. Should the contention of such challengers be by
said board sustained, then said sealed envelope shall be returned to said
elector, and the said county canvassing board, in the presence of said
county clerk and no other person, shall open all envelopes not so chal-
lenged and record the votes of absent voters upon a separate sheet in the

46 ELECTION LAWS OF WYOMING, 1920.

same manner as clerks of election record votes, and in so canvassing said
vote the said canvassing board shall count the votes of all absent voters
taken as herein provided, and add the same to the total of the poll-sheet.
The absent voter's ballot shall not be added to the vote in the precinct to
which it belongs but all such votes shall be counted together and added
to the total of the votes for the candidates as shown therein. [Sec. 4,
Chapter 102, Session Laws, 1915.]

§ 2098. Disposition of ballot after canvass. Said ballot, wlren so
opened by the canvassing board, shall be sealed in an envelop^ with the

endorsement thereon : "Vote of absent voter of polling precinct No __,

in election district No , in the county of (or

in the city of )," and the same shall be kept in the

county clerk's office as other ballots are kept until destroyed according
to law ; and in case of a contested election the same may be counted and
opened as in other cases. The said board of canvassers and the county
clerk of each county wherein any vote of any absent voter is received, as
herein provided, shall keep the fact of such vote and the persons for
whom the same is recorded and contents thereof secret and shall not
reveal or divulge the same. [L. 1905, ch. 88, § 6.]

§ 2099. Proclamation of election by county commissioners. The

board of county commissioners of the several counties shall issue a proc-
lamation at least thirty days, if possible, prior to any general or special
election to be holden within their respective counties, except as other-
wise provided by law, setting forth the names of all the offices to be
filled at such election, and the number of persons required by law to fill
such offices or vacancies occurring under the law in such offices. [L.
1890, ch. 80, § 40; R. S. 1899, § 204.]

§ 2100. Posting and publishing proclamation of election. The

county commissioners of the several counties shall cause such proclama-
tion to be posted in a conspicuous place at every postoffice within their
respective counties and shall also cause the same to be published in the
official paper of their respective counties — if there be one — at least twenty
days, if possible, before the ensuing election. [L. 1890, ch. 80, § 41;
R. S. 1899, § 205.]

§ 2101. Secretary of state shall notify the boards of county com-
missioners of state officers to be elected. The secretary of state shall,
between the first and fifteenth day of September in each year, in which
a general election is to be held, make out and cause to be delivered to
the board of county commissioners of each county a notice, in writing,
stating what officers, other than county and precinct officers, are to be
elected at such general election and voted for in the several counties.
[L. 1897, ch. 53, § 9; R. S. 1899, § 206.]

state V. Schnitger, 17 Wyo. 74, 96 Pac. 238.

§ 2102. County clerk shall furnish election supplies — Copy of elec-
tion laws. The county clerk shall provide at the expense of the county,
proper ballot boxes, poll-books and other necessary election blanks,
official ballots as hereinafter provided, also the election laws of Wyo-
ming in separate pamphlet form for each voting precinct and election
district in the county and cause a suitable number thereof to be de-
livered to the judges of election of each voting precinct at least ten
days, if possible, before any election is to be held within his county. [L.
1890, ch. 80, § 55;R. S. 1899, § 207.] .

ELECTION LAWS OF WYOMING, 1920. 47

CHAPTER 144.

SPECIAL ELECTIONS.

§ 2103. Special elections — How conducted. Special elections shall
be conducted and the results thereof canvassed and certified in all re-
spects, as near as practicable, in the same manner as in general elections,
except as otherwise specially directed. [L. 1890, ch. 80, § 4; R. S. 1899,

§ 208.]

§ 2104. Special elections — When held. Special elections shall be
held in the following cases and for the election of the following officers:

First — When there has been no choice at the general election, of any
officer, not a precinct officer, who should properly have been chosen at
such general election, except as otherwise provided by law.

Second — When the rights of a person elected to the office of member
of the senate or member of the house of representatives, shall cease by
death, or otherwise, before the commencement of, or during the term for
which he shall have been elected. [L. 1890, ch. 80, § 3 ; R. S. 1899, § 209.]

state V. Henderson, 4 Wyo. 548, 35 Pac. 517, 22 L. R. A. 751.

§ 2105. Member of congress — Special election for. When any va-
cancy shall occur in the office of representative in congress more than
sixty days prior to any general election, the governor may issue an order
of election to the board of county commissioners of the several counties,
appointing a day to hold a special election to fill such vacancy. [L, 1890,
ch. 80, § 48; R. S. 1899, § 210.]

§ 2106. Member of congress — Notice of vacancy in office of. If any

vacancy shall exist in the office of representative to congress, one month,
if possible, before such election, the secretary of state shall give notice in
writing to the board of county commissioners of each county, specifying
the cause of such vacancy, the name of the officer in whose office it oc-
curred and the time when his term of office would have expired. [L.
1890, ch. 80, § 49 ; R. S. 1899, § 211.]

§ 2107. Members of le^lature — Special election to fill vacancy.

Whenever a vacancy shall occur in the office of any member of the senate
or house of representatives, the county clerk of the county or counties in
which the member whose office is vacant resided, shall immediately notify
the governor of such vacancy, whereupon the governor shall issue an
order of election to the board of county commissioners of the county or
counties in which the vacancy is to be filled, upon which an election shall
be held to fill such vacancy ; but unless the legislature shall be in session
at the time the vacancy occurs, or there shall be a session between the
time at which the vacancy occurs and the next general election, no special
election shall be ordered to fill such vacancy. [L. 1890, ch. 80, § 50; R.
S. 1899, § 212.]

§ 2108. Special general elections on questions to be decided. When-
ever any question is to be brought before and decided by the electors of
Wyoming, the governor may call a special election, which shall be con-
ducted the same as a special election, called to. fill a vacancy in the office
of representative in congress. [L. 1890, ch. 80, § 46; R. S. 1899, § 213.]

§ 2109. County commissioners — Duties of — Special elections. The
board of county commissioners of each county shall make all adequate

48 ELECTION LAWS OF WYOMING, 1920.

provisions for elections ordered by the governor, and shall carry out all
the provisions of law concerning special elections, the same as if the
elections had been called by the said board. [L. 1890-91, ch. 100, § 14,
sub. 1; R. S.1899, § 214.]

In re Moore, 4 Wyo. 110, 31 Pac. 980.

§ 2110. Special county elections shall be ordered by county com-
missioners. All special elections for county and precinct officers, shall
be ordered by the county commissioners, which order shall be counter-
signed by the clerk of the board of county commissioners. [L. 1890, ch.
80, § 53; R. S. 1899, § 215.]

§ 2111. Contents of order for special elections — Time of order.
Every order issued for a special election shall specify the county or
district in^ which such election is to be held, the reason for the special
election, the name of the office to be filled, the time when the term of
office will commence, and the day on which such election is to be held,
which shall, if possible, not be less than twenty days from the date of
the order of election. [L. 1890, ch. 80, § 54; R. S. 1899, § 216.]

§ 2112. Vacancy in office^ — Who determines fact of. Whenever it
is alleged that a vacancy in any office exists, the officer, court or county
board, whose duty it is to fill the yacancy by appointment or to order an
election to fill such vacancy, shall have power to determine whether or
not the facts occasioning such vacancy exist. [L. 1890, ch. 80, § 47 ; R. S.
1899, § 217.]

state V. Barber, 4 Wyo. 415, 34. Pac. 1027, 27 L. R. A. 45.

§ 2113. Who may vote at special election^. All persons who have
registered either during the registration period immediately preceding
a special election, or a ^municipal election, or who have registered less
than two years before such election, during a regular registration period
for county elections or during any special or municipal registration
period, subsequent to such regular county election, shall be entitled to
vote at such special election, or municipal election as the case may be,
in the precinct in which they registered. The provisions of law gov-
erning registration and elections shall apply to all special elections and
municipal elections. [L. 1895, ch. 77, § 1 ; R. S. 1899, •§ 218.]

CHAPTER 145.
NOMINATIONS.

§ 2114. Convention or primary meeting defined. A convention or
primary meeting within the meaning of the election laws is an organized
assemblage of electors or delegates representing a political party. [L.
1890, ch. 80, § 85; R. S .1899, § 219.]

state V. Barber, 4 Wyo. 56, 32 Pac. 14.

§ 2115. Application of law — How meetings shall be called. Any

caucus or public meeting of the qualified voters of a county, district,
city, town, ward of a city or town, or polling precinct, of any specified
party or portion of such voters, for the nomination of candidates to
be supported at any state, general, county, district, municipal or other
election, or for the selection of delegates to any political convention, or
for the appointment of any political committee, may be called by written
or printed notice, specifying that the same is to be held in accordance

ELECTION LAWS OF WYOMING, 1920. 49

with the provisions of this chapter, and such provisions thereof shall then
apply to the conduct and proceedings of such meeting. [L. 1897, ch. 5^5,
§ 24; R. S. 1899, § 220.]

§ 2116. Officers of meeting. The call for the meeting shall desig-
nate by name or office the person who shall call the meeting to order;
and the person so designated shall call the meeting to order and preside
until a chairman shall be chosen. In case, however, the person so desig-
nated shall be absent at the time appointed, the meeting may choose a
temporary chairman to act in place of such person. The organization of
the meeting by the choice of a chairman, clerk and such other officers as
the meeting mav require, shall be the first business in order. [L. ^890-91,
ch. 32, § 2; R. S. 1899, § 221.]

§ 2117. When ballot shall be taken. A ballot shall be taken for the
choice of any candidate, delegate or member of a political committee to
be selected by such meeting, in case five or more of the persons present
.and entitled to vote therein shall in any case so request in writing; and
in case of such written request, a ballot shall be taken for the choice of
the chairman of such meeting unless the meeting shall vote to dispense
with such ballot. Such written request may be presented to the presiding
officer for the time being, by motion or otherwise at any time, before a
choice of the officers to which it relates is effected. [L. 1890-91, ch. 32,
§ 3; R. S. 1899, § 222.]

§ 2118. Challenges. Any person offering to vote at any such meet-
ing may be challenged by any person present as to whether his political
faith is in accordance with that of the party or voters holding such
meeting, and as to whether he is a resident elector within the district or
precinct holding such meeting. Upon such challenge the party chal-
lenged before he shall be permitted to vote shall be required to make a
sworn statement before the presiding officer of such meeting showing his
place of residence and that the same is within the proper district or pre-
cinct, and also showing his political faith is in accordance with the party
or voters holding such meeting, and in case he refuses to make such
sworn statement his vote shall not be received. [L. 1890-91, ch. 32, § 5 ;
R. S. 1899, § 223; L. 1907, ch. 100, § 1.]

§ 2119. Preservation of ballots. The clerk chosen at such meeting
shall, at the request in writing of five voters entitled to act therein,
safely keep all ballots cast, and check lists used therein for a period
of three months, and shall produce the same if called for by anv court
of justice. [L. 1890-91, ch. 32, § 7 ; R. S. 1899, § 224.]

§ 2120. Regulations may be adopted by primary. Nothing herein
shall prevent the enforcement at any primary of further regulations not
inconsistent with the provisions of this chapter. [L. 1890-91, ch. 32, § 8 ;
R. S. 1899, § 225.]

§ 2121. Nominations of candidates may be by convention or pri-
mary. Any convention or primary meeting as herein defined, held for
the purpose of making nominations to public office and also electors to
the number herein specified may nominate candidates for public office to
be filled by election. fL. 1890, ch. 80, § 84; R. S. 1899, § 226.]

state V, Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A. 845.

§ 2122. Certificate of nomination by convention or primary. All

nominations made by such convention or primary meeting shall be cer-

50 ELECTION LAWS OF WYOMING, 1920.

tified as follows : The certificate of nomination shall be in writing, shall
contain the name of each person nominated ; his residence ; his business,
and the office for which h^ is nominated, and shall designate in not more
than two words, of which the word "party" shall be one, the political
party which such convention or primary meeting represents (as for
instance: "Republican Party," "Democratic Party," "People's Party"
or "Fusion Party"), a compound or hyphenated word shall not be used
to indicate the name of a political party within the meaning of this
section. The certificate shall be signed by the chairman and secretary
of such convention or primary meeting, w^ho shall add to their signatures
their respective places of residence, and make oath before an officer
qualified* to administer the same that the affiants were such officers of
such convention or primary meeting, and that the statements contained
in such certificate are true to the best of their knowledge and belief,
A certificate that such oath has been administered shall be made and
signed by the officer before whom such oath was made. The certificate
ijiade out as herein required, shall be delivered, or be caused to be deliv-
ered, by the chairman or secretary of such convention or primary meet-
ing to the officer by whom the same is to be filed. [L. 1890, ch. 80, ^ 86;
L. 1897, ch. 53, § 12; R. S. 1899, § 227.] .

state V. Barber, 4 Wyo. 56, 32 Pac. 14; State v. Burdick, 6 Wyo. 462, 46 Pac. 854,
34^L. R. A. 845.

§ 2123. How candidates may be nominated outside of convention.

Candidates for public office may be nominated otherwise than by conven-
tion or primary meeting, in the following manner: A certificate of the
nomination containing the name of each person nominated ; his residence ;
his business ; the office for which he is nominated and the name of the
party or principle which the candidate and those nominating him repre-
sent, expressed in one word entirely different from the name of any poli-
tical party making nominations voted for at the last* preceding general
election, shall be signed by the electors residing within the district or
political division in and for which the officer, or officers are to be elected,
in the following numbers : The number of signatures shall Hot be less
than one hundred when the nomination is for an office to be filled by the
electors of the entire state, or any subdivision thereof larger than a
county, and shall not be less than twenty-five when the election is for an
office to be filled by the electors of a county, and shall not be less than ten
when the election is for an office to be filled by the electors of any sub-
division or district less than a county. The signatures need not all be
appended to one paper, but each elector signing the certificate shall add
to his signature his place of residence and his occupation. Such cer
tificate may be filed in the same manner and with the same effect as a
certificate of nomination made by a party convention or primary meeting.
[L. 1890, ch. 80, § 88; L. 1897, ch. 53, § 13 ; R. S. 1899, § 228.]

state V. Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A, 845.

§ 2124. Certificate to, name but one candidate — Person can accept
but one nomination. No certificate of nomination shall contain the name
of more than one candidate for each office to be filled, and if it does it
shall be void. No person shall join in nominating more than one person
for the same office and if he does, his name shall not be counted upon
either certificate. Whenever any person shall receive two or more nom-
mations for the same office, he shall be deemed to have accepted the
nomination first made and to have declined the others unless within the
time limited for filing certificates of nomination, he shall file in the office

ELECTION LAWS OF WYOMING, 1920. 51

where such certificates of nomination are required to be filed, a written
statement, signed and sworn to by him, designating which one of such
nominations he desires to accept, and upon the filing thereof he shall be
deemed to have declined the other nominations. [L. 1890, ch. 80, § 89 j
L. 1897, ch. 53, § 16; K. S. 1899, § 229.]

state V. Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A. 845.

§ 2125. Certificate of nomination shall be verified by oath. One of

the signers to each separate certificate of nomination shall swear that the
statements therein contained are true to the best of his knowledge and
belief, and a certificate shall be annexed to each oath. [L. 1890, ch. 80,

§ 90; R. S. 1899, § 230.]

state V. Chatterton, 11 Wyo. 13, 70 Pac. 466.

§ 2126. Certificate of nomination shall be preserved one year. The

secretary of state and the clerks of the several counties, and of the several
municipal corporations shall cause to be preserved in their respective
offices for one year all certificates of nomination filed under the provisions
of this chapter. All such certificates shall be open to public inspection
under proper regulations to be made by the officers with whom the same
are filed. [L. 1890, ch. 80, § 91; R. S. 1899, § 231.]

§ 2127. Places for filing certificates of nomination. Certificates of
nomination of candidates for offices to be filled by the electors of the
entire state or of any division or district greater than a county, shall
be filed with the secretary of state. Certificates of nomination for county
and precinct officers, including members of either branch of the legisla-
ture, shall be filed with the clerks of the respective counties, wherein the
officers are to be elected. [L. 1890, ch. 80, § 87 ; R. S. 1899, § 232.]

§ 2128. Time for filing certificates of nomination. Certificates of
nomination to be filed with the secretary of state shall be filed not more
than ninety days and not less than forty days before the day fixed by
law for the election of the persons in nomination. Certificates of nom-
ination to be filed with the county clerk shall be filed not more than sixty
days and not less than twenty-five days before the election. Certificates
for the nomination of candidates for municipal offices shall be filed with
the clerk of the respective municipal corporations not more than thirty
days and not less than three days previous to the day of election; Pro-
vided, That the provisions of this section shall not be held to apply to
nominations for special elections to fill vacancies caused by death, resig-
nation or otherwise . [L. 1897, ch. 53, § 14; R. S. 1899, § 233.]

§ 2129. Declination of nomination. Whenever any person nomi-
nated for public office as in this chapter provided, shall at least twenty-
five days before election, except in the case of municipal elections, in a
writing signed by him and acknowledged before an officer qualified to
take acknowledgements, notifying the officer with whom the certificate
nominating him is by this chapter required to be filed tbat he declines
such nomination, such nomination shall be void. In municipal elections
such declinations must be made at least two davs before the election. [L.
1890, ch. 80, § 95; R. S. 1899, § 234.]

state V. Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A. 845.

§ 2130. Vacancies in lists of nominees. Should any person so nomi-
nated die before the printing of the tickets, or decline the nomination as
in this chapter provided, or should any certificate of nomination be, or be-
come insufficient, or inoperative from any cause, the vacancy or vacancies

52 ELECTION LAWS OF WYOMING, 1920.

thus occasioned ma}^ be filled in the manner required for original nomi
nations. [L. 1890, ch. 80, § 96 ; R. S. 1899, § 235.]

state V. Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A. 845.

§ 2131. Filling vacancies. A vacancy occurring m any nomination
made by a party convention can be filled by a subsequent convention of
that party or by a committee to which power has been delegated, but can-
not be filled in any other manner. [L. 1897, ch. 53, § 15 ; R .S. 1899,
§ 236.]

§ 2132. Filling vacancies in lists of nominees. If the original
nomination was made by a party convention which had delegated to a
committee the power to fill vacancies, such committee may upon the oc-
curring of any such vacancies proceed to fill the same. The chairman and
secretary of such committee shall thereupon make and file with the proper
officer a certificate setting forth the cause of the vacancy, the name of the
person nominated, the office for which he was nominated, the name of the
person for whom the new nominee is to be substituted, the fact that the
committee was authorized to fill vacancies, and such further information
as is required to be given in an original certificate of nomination. The
certificate so made shall be executed in the same manner, and shall have
the same force and effect as an original certificate of nomination. [L.
1890, ch. 80, § 97; R. S. 1899, § 237.]

§ 2133. Secretary of state shall certify substitute nominees. When

such certificate shall be filed with the secretary of state he shall, on certi-
fying the nomination to the various county clerks, insert the name of the
person who has thus been nominated to fill a vacancy in place of that of
the original nominee. And in the event that he has already sent forth his
certificate, he shall certify to the clerks of the proper counties the name of
and description of the person so nominated to fill a vacancy, the office he
is nominated for, the party or political principle he represents, and the
name of the person for whom such nominee is substituted. [L. 1890, ch.
80, § 98; R. S. 1899, § 238.]

§ 2134. Filling vacancies after ticket printed — Stickers. When any
vacancy occurs before election day and after the printing of the tickets,
and any person is nominated according to the provisions of this chapter
to fill such vacancy, the officer whose duty it is to have the tickets printed
and distributed shall thereupon have printed a requisite number of stick-
ers, and shall mail them by registered letter to the judges of election in
the various precincts interested in such election, and the judges of elec-
tion whose duty it is to distribute the tickets shall affix such stickers in
the proper place on each ticket before it is given out to the elector. [L.
1890, ch. 80, § 99; R. S. 1899, § 239.]

§ 2135. A ''sticker" defined. A sticker shall be a strip or piece of
paper bearing upon one side the printed or written name or names of a
candidate or candidates for office, and bearing upon the other side an ad-
hesive substance. [L. 1890, ch. 80, § 100; R. S. 1899, § 240.]

§ 2136. Notice of questions to be submitted to vote. Whenever a
proposed constitution or constitutional amendment, or other question is
to be submitted to the people of Wyoming for popular vote, the secretary
of state shall not less than thirty days before election certify the same to
the clerk of each county, and the clerk of each county shall include the
same in the publication herein provided. Questions to be submitted to the

ELECTION LAWS OF WYOMING, 1920. 53

people of a county or municipality, shall be advertised as provided for
nominees for office. [L. 1890, ch. 80, .§ 101 ; R. S. 1899, § 241.]

§ 2137. Secretary of state shall certify nominations. Not less than
twenty-five nor more than thirty days before an election to fill any public
office, the secretary of state shall certify to the county clerk of each
county within which any of the electors may by law vote for candidates
for such office, the name and description of each person nominated for
such office as specified in the certificate of nomination with the said secre-
tary. [L. 1890, ch. 80, § 93; R. S. 1899, § 242.]

state V. Burdick, 6 Wyo. 462, 46 Pac. 854, 34 L. R. A. 845.

§ 2138. Posting list of nominees. At least ten days before the elec-
tion to fill any public office, other than a municipal office, the county clerk
of each county shall cause to be published in one or more newspapers
within the county, if there be any, the nominations to office certified to
him under the provisions of this chapter. The county clerk shall make
such publications daily until the election, in the counties where daily
papers are published, but if there be no daily papers published within the
county, tAvo publications in each newspaper, if there be any, will be suf-
ficient. One of such publications in each newspaper shall be upon the last
day upon which such newspaper is issued before the election. Tn case of
municipal elections such publications shall be made in one or more news-
papers, if there be any, devoted to the dissemination of general news and
published within the municipal corporation in which the election is to be
held at least three days before the election, the publication to be daily
until election, where there are daily newspapers ; but if there be no daily
newspaper published within the municipal corporation, one publication in
each newspaper, if there be any, shall be sufficient. If no newspapers are
published in the county or municipal corporation, the clerk of either such
county or municipal corporation shall post the said notices at not less
than five conspicuous places within the county, or municipal corporation,
as the case may be, at least ten djjys before the election, if possible ; Pro-
vided, That in special elections to fill vacancies the foregoing provisions
of this section shall not apply. [L. 1890-91, ch. 100, § 18 ; R. S. 1899, ^
243.]

DIRECT PRIMARY.

(Chapter 23, Session Laws, 1911, Sections 19, 23, 30, 47, as amended
by Chapter 128, Session Laws, 1913; Sections 4, 10, 11, as amended by
Chapter 160, Session Laws, 1915; Section 3, as amended by Chapter 83,
Session Laws, 1917.)

Section 1. C?ir}didates nominated by. From and after the passage
of this act, the cr- idates of political parties for all offices which under
the law are filled l)^> the direct vote of the people of this state at the gen-
eral election in I'vovember; candidates for the office of senator in the con-
gress of the United States shall be nominated and party committeemen
shall be elected at primary elections at the times and in the manner here-
inafter provided. No names of candidates of any political party which is
required or permitted under this act to make nomin^ions shall be placed
upon the official election ballot unless such candidates shall have been
chosen and nominated in "accordance with this act.

Sec, 2. When held. The primary election herein provide^d for shall
consist of an election by all political parties, at the same time and place
in the various voting precincts designated as provided by the general elec-

64 ELECTION LAWS OF WYOMING, 1920

tion laws of this state, on the first Tuesday after the third Monday in
August in every year in which occurs a general election, for the nomina-
tion of candidates for such offices as are to be filled at the general election
in November next ensuing, and for the election of party commit.teemen
In the primary elections held in the year next preceding the filling of the
office of senator in the congress of the United States by the legislature of
this state, there shall also be nominated the candidates of all political
parties for said office of senator in the congress of the United States in the
same manner as is herein provided for the nomination for officers voted
for in the state at large.

Sec. 3. Every candidate for office and every candidate for party
committeeman shall make and file at the time and' place provided in
Section 8 of this chapter, a petition or nomination paper, expressing a
desire to be nominated for a particular office or for committeeman, which
petition shall be accompanied by a fee of ten dollars if a candidate seeks
a county or legislative office, or an office to be voted for wholly within
the county, and a fee of twenty dollars if the office sought, be one to be
voted for by the electors of the entire state or any district larger than a
county except legislative office be filed respectively with the county
clerks and secretary of state and be turned into the county treasury or
state treasury, as the case may be; Provided, That a candidate for a
party committeeman, justice of the peace, constable and district road
supervisor or overseer shall not be required to pay any fee; Provided,
That no certificate of election shall be issued unless the fees herein speci-
fied shall have been previously paid. [Chap. 83, Session Laws, 1917.1

Sec. 4. Form of petition. The petition mentioned in the next pre-
ceding section, shall be substantially in the following form, and shall in
any event clearly state and show with what political party the petitioner
is affiliated and upon what party official ballot such petitioner desires his
name to be printed:

State of Wyoming,

"'SS.

County of j ' ^

I, , the^undersigned, a qualified elector

of precinct No , in election district No , in the county

of , state of Wyoming, and a member of

the party, hereby petition and request that

my name be printed upon the official ballot at the primary election next

ensuing as a candidate for the office of on the party

official ballot. And I hereby declare that if nominated and elected I will
qualify as such officer. [Sec. 2, Chapter 160, Session Laws, 1915.]

(Section 6 and probahly Section 5, repealed by Section 5, Chapter 160, Session Laws, 1915.)

Sec. 8. Nomination papers — Where and when filed. All nomination
papers herein required shall be filed as follows :

(1) For state officers, judges of the supreme and district courts,
senators in the congress of the United States, and representatives in con-
gress, in the office of the secretary of state, at least thirty days before the
date of the primary election next ensuing; Provided, however, That if
any vacancy occurs in the office of senator in the congress of the United
States within sixty days before such primary election, no nominations
shall be made for such office to fill the vacancy, or otherwise, at such pri-
mary election. (2) For offices to be voted for wholly within one county

ELECTION LAWS OF WYOMING, 1920. 55

and for officers not herein otherwise provided for, in the office of the
county clerk of the proper county at least twenty days before the date of
the primary election next ensuing. (3) For city or town officers. When
the election of such city or town officers is at a different time and place
from the election of county officers, in the office of the city or town clerj^^,
at least ten days before the primary election next ensuing.

Sec. 10. Blank forms furnished by secretary of state and county
clerks. The secretary of state shall cause to be printed and kept on hand
a sufficient quantity of petitions in blank form as provided for in preced-
ing sections of this act and shall furnish the same on application to any
qualified elector in the state, for any office concerning which the petition
is required to be filed in his office, and the county clerk of each county
shall likewise cause to be printed and kept on hand a sufficient quantity
of such petitions in blank form and furnish the same on application to
any qualified elector in his county desiring to become a candidate, for any
office in reference to which such petition is required to be filed in the office
of the county clerk. [Sec. 3, Chapter 160, Session Laws, 1915.]

Sec. 11. Candidates certified to county clerks. At least twenty-five

(25) days before any such primary election, the secretary of state shall'
transmit to each county clerk a certified list containing the name and post-
office address of each person who has filed in his office such nominating
petition, in accordance with the provisions of this act and Section 8 of
Chapter 23 of the Session Laws of Wyoming, 1911, together ,with a desig-
nation of the office for which such person is a candidate, and the party
from which he seeks a nomination. [Sec. 4, Chapter 160, Session Laws,
1915.]

Sec. 12. Arrangement of ballots. The primary election ballots for
the several political parties shall be by separate ballots. All the official
ballots designed to be voted at primary nominating elections shall be
printed — for the Republican party in black ink, upon a good quality of
white paper ; for the Democratic party in black ink, upon a good quality
of blue paper ; and for any, third party in black ink, upon a good quality
of green paper, and for any other parties more than three there shall be
used a good quality of paper of different colors than those specified above
and printed in black ink. The names of the candidates of each political
party shall be printed in black ink, on separate sheets, of paper, uniform
in quality, texture and size. The words "OFFICIAL PRIMARY ELEC-
TION BALLOT," followed by the name of the political party, shall be
printed at the head of said ballots, succeeded by the following printed in
struction, to-wit : "To vote for a person whose name is printed on the
])allot, mark a cross (X) in the square immediately to the right of the
name of the person for whom you desire to vote. To vote for a person
whose name is not printed on the ballot, write or paste his name in the
blank space provided for that purpose." The names of all aspirants for
nomination of each political party, for the different offices, shall be ar-
ranged in separate groups in the following order, commencing at the top
of the column on the left, to-wit : Senator in the congress of the United
States, governor, followed by the other state officers, representatives in
congress, supreme court judges, district court judges, officers to be elected
in the county, officers for the sub-divisions in the county, party commit-
teemen, leaving out those, in any year, the officers for which are not to be
elected at the next ensuing election. Each ballot shall contain two col-
umns, separated from each other by a heavy black line one-twelfth of one

56 ELECTION LAWS OF WYOMING, 1920.

inch in width, and each column is to have as nearly as possible the same
number of candidates thereon. No squares shall appear at the head of
the ballot. At the left of each group, or at the top thereof, shall appear
the title of the office, and a square after each name, and each blank line.
There shall be left below the list of printed candidates in each group,
blank lines and spaces equivalent in number to the number of persons to
be voted for in such group, in which the elector may write or paste the
name or names of any person not printed on said ballot for whom he
desires to vote.

Sec. 13. Arrangement of names. The names of the candidates for
nomination to each office or position shall be arranged under the designa-
tion of the office or position in alphabetical order, according to surnames.

Sec. 14. Form of ballot. The ballot herein provided for shall be
substantially in the following form, to-wit: (When offices other than
those given in the form below are to be filled at the election, the officer
preparing the ballot shall use substantially the said form, putting the
proper designation of the office in the space as indicated in said form,
and the names of the candidates therefor under the same.)

ELECTION LAWS OF WYOMING, 1920.

OFFICIAL PRIMAKY ELECTION BALLOT

of the

Party

Precinct Election District County of

State of Wyoming.

Primary election held on the day of , 191.

(Here print the instruction as mentioned.)

United States Senator

Vote
for
one

County Clerk

Vote
for
one

John Doe

Governor

Vote
for
one

Clerk District Court

Vote
for
one

John Doe

State Auditor

Vote

for

one

Sheriff

• Vote
for
one

John Doe

Secretary of State

Vote
for
one

Representative in
Legislature

Vote
for

John Doe '

John Doe

Representative in
Congress

Vote
for
one

58 ELECTION LAWS OF WYOMING, 1920.

All other offices which are to be filled at the general election next en-
suing shall be shown on the ballot substantially in the above form, the
principle there indicated to be substantially followed in all cases.

Note — For non-partisan judiciary and county superintendent, see
pages 65-69-

Sec. 15. Sample ballots. The officer whose duty it is to cause the
printing of the primary ballots shall transmit or cause to be delivered to
the primary election judges sample ballots of each political party, sub-
stantially in the form, of the official primary election ballot, which sample
ballots shall be printed upon paper of a different texture and color from
the official primary election ballots, and it shall be the duty of the primary
election judges to post not less than five of such sample ballots in and
about the polling places upon the day of the primary election and before
the opening of the polls.

Sec. 16. Supplies^ — Poll iDOoks. All necessary election supplies, in-
cluding poll books as provided by law, for the general election, together
with a sufficient number of primary election ballots of each party, shall be
furnished for the primary election board for each precinct by the county
clerk, and such poll books shall contain blank spaces for the names of
candidates of the several parties for the different offices to be written in,
and blank spaces for entering by the clerks the names of the electors vot-
ing at said primary election and upon the pages provided for entering the
names of said voters there shall be ruled spaces for the listing of the
names of said voters and for the designation of the party ticket voted by
said elector in manner and form substantially as follows:

No.

Name

Republican

Democrat

James Smith

Tom Jones

Dan Brown

George White

X •

It shall be the duty of the clerks of the primary election when enter-
ing the name of a voter to place in the poll books a cross thus (X) in the
column designating the party ticket which was given to said voter upon
his application for a ticket.

, Sec. 17. General law applicable. Except as herein otherwise pro-
vided, all primary elections shall be conducted as reciuired for general
elections under the general election laws of the state of Wyoming, as far
as the provisions thereof may be applicable, and the election officers for
such primary election shall have the same powers and perform the same
duties as those for general elections, as nearly as may be applicable.

Sec. 18. Voting" places — Judges of election — Expenses. The voting
places in the various precincts of each county shall be designated, and the
judges and clerks of all primary elections shall be made up and elected
and appointed by the board of county commissioners of each county, at
the regular meeting of such board at least thirty days prior to each pri-
mary election. The expenses of the primary election shall be audited by
the board of county commissioners of each county, and be paid the same
as the expenses of the general election. The compensation of the primary
election officers shall be the same as the election officers of a general
election.

ELECTION LAWS OF WYOMING, 1920. 59

Sec. 19. Manner of voting. The voter shall in all cases mark the
])allot in the square to the right of the name of each person for whom he
desires to vote, except that where he writes in or pastes in a name, the
square is not necessary to be marked ; but the name of no person so writ-
ten or pasted upon said ballot, whose name appears upon the ballot of an-
other political party, at said primary ele.ction, shall be counted. He shall
be allowed to vote for candidates for nomination on the ticket of only one-
party, and that shall be the party with which he is registered as affiliated.
The endorsement of the judges of election and the county clerk shall ap-
pear upon the ballots as provided by law for general elections. The voter
shall return the ballot folded to one of the judges of election, who shall
deposit it in the ballot box. [Chapter 128, Session Laws, 1913.]

Sec. 20. In voting precincts where prior registration is required by
law, the polls shall be open from nine o'clock a. m. to nine o'clock p. m.
and in all other precincts from nine o'clock a. m. to seven o'clock p. m.
[Chapter 60, Session Laws, 1919.]

Sec. 21. Employees. Any person entitled to vote at such primary
election shall, on the day of such election, be entitled to absent himself
from any service or employment in which he is then engaged or employed
for a period of one hour, other than meal hours, between the time of open-
ing and closing the polls ; and such primary elector shall not, because of
so absenting himself be liable to any penalty, nor shall any deduction be
made on account of such absence from his usual salary or wages.

Sec. 22. Who not entitled to vote. No person shall be entitled to
vote at a primary election: (1) Unless he declares his party affiliation as
required by this act. (2) Who shall have signed the petition for nomina-
tion of a candidate of any party with which he does not affiliate, when
such candidate is to be voted for at the primary election. (3) Who shall
have signed the nominating papers of an independent candidate for any
office for which office candidates for nomination are to be voted for at such
primary. (4) If he shall have voted at a primary election held under this
act of another political party within a period of two years next preceding
such primary election, except under the conditions of this act.

Sec. 23. Who entitled to vote. At the primary election first held
under the provisions of this act, any person, except as otherwise herein
provided, shall be entitled to participate therein who is a qualified elector
in the precinct in which he offers to vote, and each voter seeking to vote
shall indicate the party ballot he desires, and one of the judges of the pri-
mary election board shall give him such primary ballot (unless chal-
lenged, and if so challenged, then only when the challenge is determined
in favor of the voter) and such person shall thereupon be allowed to vote.
The voter's election shall constitute his declaration of party affiliation,
and it shall be the duty of the primary election board to record his name
and check his declaration of party affiliation on the poll books used by the
clerks of the primary election board, and said list properly certified shall
be returned to the county clerk of the proper county for preservation.
Copies of the names and party entries on such lists, together with the
changes of party affiliation as hereinafter provided, arranged alphabet-
ically by surnames, shall be used at subsequent primaries for determining
with what party the voter has enrolled, and no voter enrolled under the
provisions of this act shall be allowed to receive the ballot of any political
party except that with which he is enrolled, and he may change his enroll-

60 ELECTION LAWS OF WYOMING, 1920.

ment as hereinafter provided. The county clerk shall prepare for each
voting precinct two of the above mentioned lists duly certified by him, and
taken from the poll books of the last preceding primary election, which he
shall deliver to the next succeeding primary election board, at least one
day prior to the day of the primary election, and which lists, together
with the poll books of the primary election, shall be returned to said
county clerk in good condition within five days after the primary election,
to be preserved by him. In no case shall the fact that any elector has
participated in, or voted at, any primary election excuse such elector from
complying with the law in regard to registration in order to entitle such
elector to vote at the next succeeding general election ; but, in order to be
entitled to vote at the next general election, such elector shall be required
to register in the same manner as though he had not voted at the primary
election.

Every person applying to vote at any primary election in this state
whose name does not appear as voting at the last preceding general elec-
tion, shall, before voting, take and subscribe before one of the judges of
such primary election an oath in substance as follows:

The State of Wyoming,
County of

I do solemnly swear (or affirm) that I am a citizen of the United
States ; that I will be 21 years of age on or before the general or special
election day next ensuing; that I will have actually, and not construc-
tively, been a bona fide resident of said state one year, and of said county
sixty days next preceding the day of the next general or special election ;

that I am an actual resident of polling precinct Number in election

district Number , and reside at house Number ,

street, in the town (or city) of and my postoffice address is

, and that I can read the constitution of the state of Wyo-
ming in the English language, or that I am now and was a resident and
qualified elector of this state on July 10, 1890, or that I am physically dis-
abled from being able to read the constitution; that my weight is ,

height is , color of eyes is , sex is , place of birth

is , SO HELP ME GOD.

Subscribed in my presence and sworn to before me this,
day of - , A. D

[Chapter 128, Session Laws, 1913.]

Sec. 24. Change of aifiliation — First voter — Removal. Any voter
who has thus declared his party affiliations shall thereafter be listed on
the poll books as a member of that political party, and such person, while.
a resident of the same voting precinct need not declare his party affiliation
at succeeding primary elections unless he desires to change his party
affiliation, any elector who, having declared his party affiliation desires to
change the same may, not less than ten days prior to the date of any pri-
mary election, file a written declaration with the county clerk stating his
change of party affiliation, and the said clerk shall enter a record of such
change on the poll books of the last preceding primary election in the
proper column opposite tbe voter's name and on the voting list. Any elec-
tor whose party affiliation has for any reason not' been registered, or any

ELECTION LAWS OF WYOMING, 1920. 61

elector who has changed his residence to another precinct, or a first voter
or citizen of this state casting his first vote in this state shall be entitled
to vote at any subsequent primary election in the same manner and upon
the same terms as provided in the preceding section of this act, and the
clerks of the primary election shall record his party affiliation, and the
county clerk shall add his name to the alphabetical lists for use in subse-
quent primary elections as provided in the preceding section of this act.
From such lists may from time to time be dropped the names of such per-
sons who have died or removed from the precincts on the list of which
such names appear.

Sec. 25. Challenges — Affidavits. Each political party shall be en-
titled to have two party challengers present at each polling place. Any
judge or clerk of the primary election, or any party challenger, or any
qualified elector, may challenge any person offering to vote, on the
ground, that such person is not a qualified elector of such precinct, or is
not entitled to vote the party ticket for which he has asked or intends to
vote, or that he is disqualified for any of the reasons mentioned in this act.
Upon such challenge, the party challenged, before he shall be permitted to
. vote, shall be required to make and subscribe substantially the following
oath, before one of the judges of election, to-wit:

"State of Wyoming, County of , ss.

"I, , do solemnly swear (or affirm) that I am a citizen of

the United States ; that I will be on the date of the next ensuing election
in November under the laws of this state, qualified to vote in this precinct ;

that I now reside in precinct, district No

in county, Wyoming, and that I am a member of and affili-
ated w^ith the party; that I have not voted a primary of

another political party within a period of two years prior to this date;
that I have not signed the petition for nomination of a candidate of a
political party with which I am not affiliated; that I have not signed the
nominating papers of an independent candidate for any office for which
office candidates for nomination are voted for at this primary, and that
I intend to support, generally, the candidate of the party whose ticket
I now seek to vote." If such person subscribes and takes the foregoing
oath he shall be given a ticket'of such political party, unless further chal-
lenged as further provided in this section. Any elector whose party affili-
ation has been recorded in any precinct as provided in this act and who
desires to change his party affiliation on the primary election day, shall
be subject to challenge. If the person challenged insists that he is entitled
to vote the ticket of the poltical party the ticket of which he then asks
and the challenge is not withdraw^n, one of the judges shall tender him
the following oath: "You do solemnly swear (or affirm) that you have in
good faith changed your party affiliations to and desire to be a member

of the party," and if he takes such oath he shall thereupon,

if otherwise qualified, be given a ticket of such political party, and the
clerks of the primary election shall make or change his enrollment of
party affiliations accordingly.

Sec. 26. Ballots counted-rReturns. Upon the closing of the polls
the clerks and judges of the primary election shall immediately open the
ballot box and proceed to take therefrom the ballots. Said officers shall
count the number of ballots cast for each party, at the same time bunch-
ing the tickets east for each party in separate piles. As soon as the clerks
and judges shall have sorted the ballots of each party, separately, they

62 ELECTION LAWS OF WYOMING, 1920.

shall take the tally sheets provided in the poll books and shall count all
the ballots for each party separately until the count is completed, and
shall certify to the number of votes cast for each candidate for each office
upon the ticket of each party. After all have been counted and certified
to by the clerks and judges, they shall seal the ballots cast by each of the
parties in separate envelopes, on the outside of which shall be printed or
written the names of that party 's candidates for the different offices, and
opposite each candidate's name shall be placed the number of votes cast
for such candidate in said precinct, and then seal the envelopes containing
the votes of the different political parties in one large envelope, on the
outside of which or on a paper attached thereto, shall be printed or writ-
ten the names of the several political parties with the names of the
candidates for the different offices under their respective party headings,
and opposite each candidate's name shall be placed the number of votes
cast for such candidate in said precinct. The printed ballots used at such
primary election may be used for such purpose, marked so as to indicate
that fact. Such envelopes shall be returned to the county clerk. Any
elector of the county shall have the right before the date of canvassing
the returns, to ascertain the vote cast for any candidate in any precinct
in the county as shown on the outside of the envelope. Said judges of
election in the manner provided by the general election laws shall deliver
said returns, tally sheets, poll books and certificates to said county clerk
within five days after the primary election has closed ; and if the same are
not so delivered, the county clerk shall immediately send a messenger for
any missing returns, and said messenger shall be paid, as provided by law
for the general election. The judges of election shall retain a copy of the
tally sheets showing the election returns thereon.

Sec. 27. Recount of ballots. Any candidate whose name appears
upon the official primary ballot of any voting precinct may require the
county board of canvassers of the county in which such precinct is sit-
uated to recount the ballots cast in any such precinct as to the office for
which he was a candidate, at the time fixed for the canvassing of the re-
turns of the judges of election, by filing with the county clerk, not later
than the day before such meeting, an affidavit in writing showing that
fraud was committed, or error or mistake made, in counting or returning
the votes cast in any such precinct as to the office for which he was a
candidate. If such affidavit is made, said board shall thereupon recount
the ballots cast in any such precinct for the office for which the con-
testant was a candidate, and if the result reached by the board on the re-
count of the ballots as to such office be different from that returned by
the judges of election, it shall be substituted therefor as the true and cor-
rect return and so regarded in all subsequent proceedings. The action
of the board, upon taking such recount, shall be final, and no other con-
test shall be permitted. The term candidate as used in this section shall
include party committeemen.

Sec. 28. Canvass of returns in county. The county board of canvas-
sers shall consist of the county clerk and two justices of the peace of the
county, called in by said clerk, which justices of the peace shall be of dif-
ferent political parties, if practicable. Said board shall meet on the Tues-
day next after each primary election, and proceed to open the returns and
make abstracts of the votes, stating the number of ballots cast in the
county by each political party, separately, for each office, the name of each
person voted for, and the number of 'Votes given to each person for each

ELECTION LAWS OF WYOMING, 1920. 63

different office, and shall certify the same and file the same in the office of
the county clerk. The candidates of each political party for each office or
position to be filled by the voters of the county or any subdivision therein,
having received the highest number of votes, shall be the duly and legally
nominated candidates of his party for such office ; or if more than one per-
son is to be nominated for any office, then the persons equal in number to
the number of offices to be filled receiving the highest number of votes
shall be the nominees of such political party for such office, and each can-
didate so nominated shall be entitled to have his name printed on the
official ballot to be voted for at the general election without other cer-
tificates.

Sec. 29. Abstract to secretary of state. The county ][?oard of can-
vassers shall also make a separate abstract of the canvass as to the follow-
ing offices and certify the same and forthwith forward it to the secretary
of state, to-wit : Senator in the congress of the United States, representa-
tive in congress, all state officers, and judges of the supreme and district
courts.

Sec. 30. Canvass by state board. On the second Monday after the
said primary election, the secretary, auditor and treasurer of the state
shall meet as a canvassing, board, and open and canvass the abstract re-
turns received from each county in the state. If returns are not received
from all the counties, the secretary of state shall immediately send a mes-
senger after the abstract returns and the board may adjourn from day to
day until they are received. The board shall make an abstract of its can-
vass, stating in words written, at length, the number of ballots cast by
such political party, separately, for each office designated in the preced-
ing section, the names of all persons voted for, and the number of votes
received by each person for such office, and shall sign and certify thereto.
The candidate of each political party for each office to be filled by vote of
the people, having received the highest number of votes in the state or
district of the state, as the case may be, of all the votes cast by the party
for such office, shall be duly and legally nominated as the candidate of his
party for suph office and entitled to have his name printed on the official
ballot to be voted at the general election without other certificate.

The candidate of any party for the office of senator in the congress of
the United States having at any primary election received the highest-
number of votes of his party in the state, shall be the nominee of his party
for such office and shall be entitled to have his name printed on the official
ballots to be voted at the next ensuing general election without other cer-
tificate. [Chapter 128, Session Laws, 1913.]

Sec. 31. Certificate to counties. When the canvass is concluded, the
board shall deliver the original abstract returns to the secretary of state,
who shall file the same in his office, and record the abstract of the canvass
of the state board and certificates thereto attached in a book kept by him
known as the election book ; and not less than twenty days before the gen-
eral election he shall certify to the clerk of each county, under separate
cover party headings, the name of each person nominated as shown by the
official canvass made by the state canvassing board, or as certified to him
by the proper persons when any person has been nominated by a conven-
tion or party committee, his place of residence, the office for which he was
nominated, and the order in which the tickets of the several political
parties shall appear on the official ballot. Should a vacancy in the nomi-
nation occur and be filled after such certificate has been forwarded, a like

64 ELECTION LAWS OF WYOMING, 1920.

certificate shall at once be made and sent to the proper officer togctlicr
with a statement showing the reason for its subsequent issue.

Sec. 32. Tie vote. In case of a tie vote resulting in no nomination
for any office, the tie shall forthwith be determined by lot by the judges of
election, or board of canvassers, as the case may be.

Sec. 34.. Errors remedied by judge. Whenever it shall appear by
affidavit or otherwise to any judge of the district court of the county,
that any error or omission has occurred, or is about to occur in the print-
ing of the name of any candidate on official ballots, or that any error has
been or is about to be committed in printing the ballots, or that the name
of any person has, been or is about to be wrongfully placed upon such
ballots, or that any" wrongful act has been performed or is about to be
performed by any judge or clerk of the primary election, the county clerk,
canvassing board or any member thereof, or by any person charged with
any duty under this act, or that any neglect of duty by any of the persons
aforesaid, has occurred or is about to occur, such judge shall, by or^er,
require the officer or person or persons charged with the error, wrongful
act, or neglect, to forthwith correct the error, desist from the wrongful
act, or perform the duty, and to do as the court or judge shall order, or
to show cause forthwith why such error should not be corrected, wrongful
act desisted from, or such duty or order not performed. Failing to obey
the order of such court or judge shall be contempt.

Sec. 35. Vacancies. Should any vacancy occur or exist in any of
the offices or positions for which nominations are made under this act, by
reason of resignation, death or other cause, where there is only one or no
aspirant for such office or position, before the printing of the primary
election ballots, such vacancy may be filled by the regularly constituted
committee of the party to which such vacancy belongs, and no petition
shall be required ; Provided, That this section shall not apply to the office
of senator in the congress of the United States.

Sec. 36. Party committees. (1) County Committee — At the primary
election held in the year 1912 and biennially thereafter, there shall be
elected a committeeman for each election precinct, who shall be a resi-
dent of such precinct, provided each ward in a city shall be entitled to at
least two such committeemen. The person (or persons if more than one is
to be elected) receiving the highest number of votes, shall be such com-
mitteeman of such party for such precinct. In case of a tie the primary
election judges shall cast lots. The official returns of the primary election
judges shall show the name and address of the committeeman of each
political party. The county central committee of each political party shall
consist of the members of the various precinct committeemen of such
party in such county. Those committeemen who reside within the limits
of any incorporated city or town shall constitute ex officio the city central
committee of each of said respective political parties, and shall have the
same powers and jurisdiction as to the business of their several parties in
such city matters that the county committee has in county matters, save
only the power to fill vacancies in said committee, which power is vested
in the county central committee. In case of a vacancy happening on ac-
count of death, resignation, removal from precinct or otherwise, the re-
maining members of said county central committee may elect a commit-
teeman to fill the vacancy, and he shall be a resident of the precinct in
which the vacancy occurred. Such committee shall also have the power

ELECTION LAWS OF WYOMING, 1920. 65

to fill any vacancy occurring in the position of state committeeman from
such county. The said county committee shall at its first meeting, if
possible, elect a member of the state committee.

(2) State Committee — The state committee shall be composed of one
member from each county, elected as aforesaid.

(3) Judicial Committee — The members of the state committee resid-
ing within the limits of a judicial district shall be and constitute, ex officio
the judicial committee of such judicial district.

Sec. 37. Powers ajid duties of committees. The said committees shall
meet and organize by electing a chairman and secretary within five d^ys,
if possible, after the candidates of their respective political parties shall
have been declared nominated by the proper canvassing board. The out-
going chairman of the respective committees shall fix the time and place
for such meeting, and deposit notice thereof in the office of the county
clerk of the proper counties or county not later than the day following
such primary election. Each committeeman shall hold his position for the
term of two years from the date of the first meeting of his committee,
immediately succeeding their election, except committeemen filling vacan-
cies, who shall only hold for the unexpired term. Said state, judicial
and county and city central committees respectively, shall have the power
to make nominations to fill vacancies occurring among the candidates of
their respective parties nominated within the territory over which they,
respectively, have jurisdiction, by the primary nominating elections ; but
the foregoing provisions shall not apply to the office of senator in the con-
gress of the United States. In filling vacancies aforesaid, certificates shall
be filed, stating the name, place of residence and postoffice address of the
person nominated, the office for which he is nominated, and the name of
the political party making the nomination, and shall be sworn to by the
chairman and secretary of the committee, or persons acting in their stead,
showing that such nominee is the choice of the committee. Each commit-
tee may elect managing or executive committees and authorize such sub-
committee to exercise any and all powers conferred upon whole commit-
tees by law, and exercise such further powers, and make such rules, not
inconsistent with this act, as are usually exercised and made by such
committees.

Sec. 38. Present committees. The various political committees now
in existence are hereby recognized, and they and their officers, shall ex-
ercise the powers and perform the duties herein prescribed until commit-
teemen are chosen in accordance with the provisions of this act.

Sec. 39. County convention. On the first Tuesday in May of each
year in which electors of president and vice president are to be elected,
the county central committee of each political party shall meet at the
county seat of the proper county. Such meeting shall be known as the
county convention. Said county convention shall choose delegates to the
state convention of its party to be held as hereinafter provided, in number
as apportioned by the state committee.

Sec. 40. State convention. On the second Monday in May of each
year in which electors for president and vice president are to be elected,
there shall be held a state convention of each political party, the members
of which shall be composed of the delegates chosen as prescribed in the

66 ELECTION LAWS OF WYOMING, 1920.

preceding section, or their proxies. Said state convention shall have
power to make nominations of candidates for the electors of president
and vice president of the United States, to adopt any party platform, and
to choose and select in accordance with the rules and regulations of its
party, delegates and alternate delegates to national nominating conven-
tions, and perform such other functions inherer^; in such political organi-
zations, not inconsistent with this act. 'Phe nominations for such electors
so made shall be certified to the secretary of state by the officers of such
convention.

Sec. 41. Call for state convention. At least twenty days before the
holding of such state convention the state committee respectively of each
political party shall file in the office of the county clerk of each county, a
call for such state convention, the total number of delegates which shall
compose said convention, and the number of delegates to which each
county is entitled in the state convention, and the ratio of apportionment
made, Avhich shall be as nearly just as possible.

Sec. 42. Same subject; Delegates to state conventions of political
parties shall be chosen, state conventions of political parties shall be held,
and nominations by political parties for electors of president and vice
president of the United States, shall be made as provided in this act and
not otherwise.

Sec. 43. Election laws. The secretary of state shall provide copies
of this law, in conjunction with the general election laws of this state,
and transmit the same to the county clerk of each county, at least twenty
days before any such direct primary election herein provided, and the
same shall be in lieu of any such copies of said general election laws
required to be transmitted to county clerks by the secretary of state for
use in such counties.

Sec. 44. Meaning of political party. The title or term "political
party" shall mean a party which at the last preceding general election
cast for its candidate for representative in congress at least ten per cent
of the total vote cast at said election.

Sec. 45. Nomination by other parties. Any political organization
which at the general election last preceding any primary election cast
less than ten per cent of the total votes cast for representative in con-
gress, may nominate candidates in the manner provided by existing laws
for conventions. Provided, however. That all such conventions must be
held upon the same days as the primary elections herein provided for.

Sec. 46. Nominations by. petition. Nothing contained in this act
shall be construed so as to prohibit nominations of candidates for office
by petitions as now authorized by law, but no person so nominated shall
be permitted to use the name of any political party, authorized or entitled
under this act to nominate a ticket by primary vote, or that has nominated
a ticket by primary vote under the provisions of this act.

NOTE — See Sec. 6, Chapter 160, Session Laws, 1915, Page 65 of this pamphlet.

Sec. 47. Applicable to certain cities. The provisions of this act shall,
as far as applicable, govern the nominations of candidates by political
parties for all offices to be filled by direct vote of the peoples in towns and
cities having a population of six thousand inhabitants or more, but none
other. The duties devolving upon the county clerk by the foregoing pro-
visions of this act, shall in municipal elections devolve upon the city

ELECTION LAWS OF WYOMING, 1920. 67

clerk, and the duties devolving upon the board of county commissioners
and county board of canvassers by the foregoing provisions of this act,
shall devolve upon the city council, but when city officers are elected at
the same time as county officers, then the provisions of this act shall apply
as therein mentioned. In all towns and cities to which this act is ap-
plicable in which, under the law, the election is held at times other than
the first Tuesday after the first Monday in November, then the primary
election shall be held three weeks prior to the town or city election. The
expenses of town or city primaries shall be paid by the town or city.
Provided, however. That this act shall not apply to towns or cities which
may hereafter adopt a plan of government, commonly called the com-
mission form of government. [Chapter 128, Session Laws, 1913.]

Sec. 48. Special elections. This act shall not apply, to special elec-
tions to fill vacancies except that the party committees herein provided
for shall be and constitute the party committees at all times hereafter.

Sec. 49. Definition of terms. The term ''primary election" as used
in this act, shall be construed to apply to an election by the members of
the various political parties for the purpose of placing in nomination
candidates for public office, and 'for the seleceion of party committeemen.
The term ''primary" shall mean primary election; the term "election,"
unless the context indicates otherwise, shall mean a general election at
which officers are elected; the term "city" shall include town, and vice
versa; whenever the masculine pronoun is used in this act, it shall be
construed to include the feminine; the term "committeeman" shall be
included in the term "position." It shall only be necessary for a voter to
state that he is twenty-one years of age to any question in relation to age.

Sec. 50. Liberal construction. This act shall be construed liberally,
so as to insure full opportunity to become candidates and for voters to
express their choice.

Sec. 51. Misconduct. Any party committeeman or any primary elec-
tor or other public officer, or any other person, upon whom a duty is im-
posed by this act, who shall wilfully neglect to perform any such duty,
or who shall wilfully perform it in any such way as to hinder the object
thereof, or shall disclose to any one, except as may be ordered by any
court or judge, the contents of any ballot or any part thereof, or whoever
shall commit any act prohibited herein, shall be punished by a fine of not
less than one hundred dollars, nor more than one thousand dollars, or by
imprisonment in the county jail not to exceed one year, or by both such
fine and imprisonment.

Sec. 52. Bribery — Illegal voting. Any person offering or giving a
bribe, either in money or other consideration, to any elector for the pur-
pose of influencing his vote at a primary election, or any elector entitled
to vote at such primary election receiving and accepting such, bribe ; any
person making any false answer to any of the provisions of this act rela-
tive to his qualifications and party affiliations, or make or subscribe any
false affidavit in reference thereto ; any person wilfully voting or offering
to vote at a primary election, who is not a qualified elector of the precinct
where he offers to vote or votes, any person violating any of the pro-
visions of this act, or any of the provisions of the law as may be hereto
applied, and any person knowing, procuring, aiding or abetting such vio-
lation, shall be deemed guilty of a misdemeanor, and upon conviction

68 ELECTION LAWS OF WYOMING, 1920.

shall be fined not less than one hundred dollars, nor more than one thou-
sand dollars, or be imprisoned in the county jail not to exceed one year.

See Dillman v. State, 20 Wyo. 404-442, for construction of several sections of the primary
election law.

RELATING TO PRIMARY ELECTIONS.
Chapter 160, Session Laws, 1915.

(For Sections 1, 2, 3 and 4 of this chapter, see Sections 3, 4, 10 and 11
of the Direct Primary Law, above.)

Sec. 5. Repeal. That Sections 5, 6, 9 and 33 of Chapter 23 of the
Session Laws of 1911, as amended and re-enacted by Chapter 128 of the
Session Laws of Wyoming of 1913, and all other acts and parts of acts in
conflict herewith 'are hereby expressly repealed.

Sec. 6. Persons disqualified from nomination by petition. Any per-
son-who is a candidate for any office at a primary election and fails of
nomination in said primary election is thereby disqualified from being a
candidate by petition or otherwise for any office at the general election
next ensuing. And Provided further. That any citizen who is nominated
by having his name written in and who accepts said nomination shall pay
the same fee as mentioned in Section 1.

NON-PARTISAN JUDICIARY.

(Chapter 74, Session Laws, 1915.)
Partially repealed by Sec. 6, Ch. 59, S. L. 1917.

Section 1. Separate primary ballot. The judges of the supreme court
of the state of Wyoming, and judges of the district courts shall hereafter
be nominated regardless of political affiliations. Separate ballots shall be
provided at the general primary election for the nomination of candi-
dates for those officesi Such ballot shall be headed "Judicial Ballot,''
and upon it shall be printed, without any party designation, the names of
all candidates who have complied with the conditions hereinafter stated.

Sec. 2. Petition and affidavit — Fee. Any person desiring to -become
a candidate for judge of the supreme court, or for judge of the district
courts, may, within not more than sixty days nor less than forty days
preceding the primary election, file with the secretary of state a statement
in substantially the following form, to-wit :

PETITION AND AFFIDAVIT OF _

CANDIDATE FOR JUDGE.

State of Wyoming,

County of.

I, , being first duly sworn,

say that I reside at -, in the city of

, in the county of ,

in the state of Wyoming; that I am a qualified voter of said state; that
I am eligible to be elected to the office to which I aspire; that I am a

candidate for the nomination for the office of

to be voted upon at the primary election to be held on the

day of , 19 , and I hereby request that my

name be printed upon the official primary ballot for the nomination at

such primary election, for the office of

Subscribed and sworn to before me by the said

this day of. , A. D. 19

ELECTION LAWS OF WYOMING, 1920. 69

Such petition and affidavit shall be accompanied by a fee of twenty-
five dollars ($25.00) and no further requisite shall be necessary for such
person to have their names printed on the primary judicial ballot. The
fees so received by the secretary of state shall be prorated among the
several counties wherein such candidates are voted for and remitted to
the county clerk of such counties.

Sec. 3. Form of ballot. Notwithstanding any more general law re-
specting primary elections in force in the state, the official ballot, to be
prepared and used at such primary, when relating to judicial officers,
shall simply place the names of all candidates for judicial offices upon the
primary ballot without any political designation, the names to be ar-
ranged as hereinafter stated, and said judicial ballot to be used at such
primary shall be substantially in the following form, to-wit:

OFFICIAL PRIMARY JUDICIAL BALLOT.

Mark with a cross (X) in the square at the right of the name of the
candidate for whom you desire to vote.

For Justice of the Supreme Court

(Vote for One)
John Doe

John Doe

For Judge of the District

(Vote for One)
John Doe

Court Judicial [District]

John Doe-

In printing the aforesaid ballot, the names shall not be arranged al-
phabetically, but shall be rotated according to the following plan, to-wit :

The form shall be set up by the printer with the names in the order
in which they are placed on the ballot by the county clerk or other of-
ficials, whose duty it shall be to have the ballot prepared, and in printing
the ballot for the various election districts or precincts, the position of the
name in each office division shall be changed for each election district or
precinct. In making the change of position, the printer shall take the line
of type containing the name at the head of the form in such office division,
and for each election district or precinct, and place it at the bottom, shov-
ing up the column so that the name in each office division for each election
district or precinct that was second before the change shall be first after
the change.

Sec. 4. Manner of voting. It shall be the duty of the election boards
in the various election districts and precincts in the state of Wyoming, to
deliver one of the aforesaid ballots to each qualified elector along with the
regular official primary ballot, when said elector presents himself to vote
at said primary election. After receiving such ballot from the election
officials endorsed as by law provided, the voter shall mark and cast such
ballot. The general laws of this state relating to the assistance of voters
marking said ballots and the canvassing of the same, declaring the result,
and certifying said results to the proper officials shall apply : that is, the
general primary laws of the state, except insofar as the same have been
modified and changed by the provisions of this act, shall govern and
control.

Sec. 5. General election ballot. After said primary election, held as
aforesaid, the county clerk or other official whose duty it is to prepare the

70 ELECTION LAWS OF WYOMING, 1920.

official ballot for the general election to be held in this state, shall pre-
pare a separate ballot similar and substantially in the same general form
and the names rotated on said ballot as hereinbefore provided for in this
act for the nomination of judicial officers at the primary election; and the
two candidates receiving the highest number of votes at the primary elec-
tion shall be entitled to have their names printed on the official ballot at
the general election. The candidate receiving the highest number of votes
at said general election shall be declared duly elected to the office for
which said person was a candidate. In all other respects the procedure
for the nomination and the election to the offices herein referred to, shall
be regulated by the provisions of the statutes relating to {Primary and
general elections in force in this state, so far ^s they are applicable.

Sec. 6. All acts and parts of acts in conflict with the provisions of
this act are hereby expressly repealed.

NON-PARTISAN ELECTION OF COUNTY SUPERINTENDENTS.
(Chapter 59, Session Laws, 1917.)

Section 1. The county superintendent of schools shall hereafter be
nominated and elected regardless of political affiliations.

Sec. 2. Petition and affidavit — Fee. Any person desiring to become a
candidate for county superintendent of schools may, within not more than
sixty nor less than twenty days preceding a primary election, file with the
county clerk of the county in which such person resides, a statement in
substantially the following form, to^-wit :

PETITION AND AFFIDAVIT OF , CANDIDATE

FOR COUNTY SUPERINTENDENT OF SCHOOLS

State of Wyoming,

County of

I, , being first duly sworn, say that I

reside at , in the city of , in the county

of , in the state of Wyoming; that I am a qualified voter

of said state and said county ; that I am eligible to be elected to the office
to which I aspire ; that I am a candidate for the nomination for the office
of county superintendent of schools to be voted upon at the primary elec-
tion to be held on the day of , 19 ; that I hereby

request that my name be printed upon the official ballot for the nomination
at such primary election for the office of county superintendent of schools.

Subscribed and sworn to before me by the said

this day of , A. D. 19

Such petition and affidavit shall be accompanied by a fee of ten dol-
lars ($10.00), to be paid into the county treasury of said county, and no
further requisite shall be necessary for such person to have his name
printed on the nonpartisan primary ballot.

Sec. 3. Ballots. Notwithstanding any more general law respecting
primary elections in force in the state, the official ballot to be prepared
and used at such primary, when relating to county superintendent of
schools or other nonpartisan officers, shall simply place the names of all
candidates for judicial offices and county superintendent of schools upon
the primary ballot without any political designation ; the names to be ar-
ranged as hereinafter stated, the said ballot to be a separate ballot from

ELECTION LAWS OF WYOMING, 1920. 71

the party ballots used at the primary election, and said nonpartisan bal-
lots to have separate columns for judicial offices and for county superin-
tendent of schools: the heading of the column to indicate whether the
column is for the school officers mentioned or for judicial officers. The
form of such ballot shall be the same as prescribed for nonpartisan elec-
tion of judges, in Section 3 of Chapter 74 of the Session Laws of 1915,
and the names of said nominees for the said school offices shall be ar-
ranged the same as provided in said Section 3 of Chapter 74 of the Session
Laws of 1915, for the arrangement of names for the judicial offices.

Sec. 4. Voters not required to declare party aiRliation. At said pri-
mary election for county superintendent of schools or for judicial officers,
any qualified elector of the precinct shall be permitted to vote for the
nomination of non-partisan officers without being required to state any
party affiliation, and the provisions of Chapter 23 of the Session Laws of
1911 and any and all amendments thereto that require an elector to state
his party affiliation when voting at a primary, shall not apply to those
electors who vote only the non-partisan ballot.

Any elector offering to vote at such primary election for non-partisan
officers only shall, unless he has been recorded as voting at the last preced-
ing general primary election, be required to take the oath contained in
Section 4 of Chapter 128 of the Session Laws of 1913. And any such
elector offering to vote for non-partisan officers only and not offering to
vote a party ticket, shall be registered by the judges of election in the
poll book under a separate column headed ^'Non-Partisan."

The method of voting and of accounting and certifying the returns
shall in all respects be governed by the provisions of Chapter 74 of the
Session Laws of 1915 relative to the nomination of non-partisan judges,
except insofar as the same may be modified or changed by this act.

Sec. 5. Ballots for general election. After said primary election held
as aforesaid, the county clerk or other official whose duty it is to prepare
the official ballot for the general election to be held in this state, shall pre-
pare a separate ballot similar and substantially in the same general form,
and the names rotated on said ballot as herein provided for the nomina-
tion of said school officers at the primary election, and as provided in
Chapter 74, Session Laws of 1915, for the nomination of judicial officers ;
and the two candidates receiving the highest number of votes at the pri-
mary election for each of said offices shall be entitled to have their names
printed on the official non-partisan ballot at the general election. Said
ballot for non-partisan officers may contain judicial officers and the same
school officers, arranged, however, in separate columns, but such non-par-
tisan ballot shall be separate from the regular ballot used at such election
and shall be deposited in a separate ballot box, the same as in voting upon
constitutional amendments. The candidate receiving the highest number
of votes at said general election shall be declared duly elected to the
office for which said person was a candidate. In all other respects the
procedure for the nomination and election to the offices herein referred to
shall be regulated by the provisions of the statutes relating to primary
and general elections in force in this state so far as they are applicable.

Sec. 6. All acts and parts of acts in conflict with the provisons of
this act are hereby expressly repealed and Chapter 74, Session Laws of
1915, is hereby modified to conform to the provisions of this act.

12 ELECTION LAWS OF WYOMING, 1920.

CHAPTER 146.

ELECTION DISTRICTS AND POLLING PRECINCTS.

§ 2139. Establishment of election districts. The board of county
commissioners of each county shall at each general July meeting to be
held every general election year, divide the counties into convenient elec-
tion districts, which shall be known and numbered by the numbers desig-
nated. There shall not be less than five nor more than thirty election
districts in any county. In laying out the county into districts, the board
of county commissioners shall in incorporated cities and towns make each
ward thereof an election district. [L. 1890-91, ch. 100, § 5 ; R. S. 1899,
§244;L. 1907, ch. 27, § L]

§ 2140. Polling precincts — County commissioners shall establish.

The county commissioners shall, in creating and establishing election dis-
tricts, establish in any one district, as many polling precincts as shall be
necessary and convenient for the voters of the election districts wherein
such polling precincts may be established, but no polling precincts shall
be established after the first day of registration as herein provided. [L.
1890, ch. 80, § 10; R. S. 1899, § 245.]

§ 2141. Rule for establishing polling precincts — Rule in cities. In
altering and establishing election districts and polling precincts, the
county commissioners shall be governed and guided by the interest and
convenience of the greatest number of electors ; Provided, That in munici-
palities, the polling precincts shall not extend over more than one ward,
and that the polling precincts so established shall be the polling precincts
for municipal elections. [L. 1890, ch. 80, § 13; R. S. 1899, § 246.J

§ 2142. Change of polling precincts — iLimitation. At any meeting
prior to the first day of registration, the county commissioners shall have
discretionary power on petition of ten qualified voters within any election
district, to vacate, change, consolidate, remove or establish any polling
precincts within the several election districts ; Provided, That no increase
or decrease shall be made in the number of such election districts oftener
than once in two years. [L. 1890, ch. 80, § 11 ; R. S. 1899, § 247.]

§ 2143. ' Size of polling precincts — When established. On or before
the first day of September, of each year, in which an election is to be
held, the officers charged by law with the establishment or alteration of
polling precincts, shall, as far as necessary, divide the existing election
districts into polling precincts in such a manner that each polling precinct
shall not contain more than four hundred voters. [L. 1890, ch. 80, § 12;
R. S. 1899, § 248.]

CHAPTER 147.
REGISTRATION.

§ 2144. Appointment of registry agents. Prior registration shall be
required, first, in each election district in any incorporated city or town,
irrespective of the number of votes cast therein, and second, in each elec-
tion district located on the line of a railroad and not within an incor-
porated city or town, in which district more than one hundred votes were
cast at the last preceding general election. The boards of the county
commissioners of the several counties at each regular July meeting in

ELECTION LAWS OF WYOMING, 1920. 73

every general election year shall appoint two registry agents for each
election district in which prior registration is so required. Such registry
agents shall not be members of the same political party, but shall be
qualified voters of the election district for which they are appointed, and
shall be otherwise competent to attend to the duties incident to their ap-
pointment. They shall hold their office for the term of two years and
until their successors are appointed and qualified, but they may be re-
moved at the will of the county commissioners for cause. [L. 1897 eh
53, § 5; R. S. 1899, § 249.]

§ 2145. Oath of registry agents. Before entering upon the duties
prescribed by law, the registry agents, including ex officio registry agents,
shall severally take and subscribe before an officer duly authorized to ad-
minister oaths, the following oath or affirmation, which shall be filed in
the office of the county clerk of their respective counties, to-wit :

"I, , registry agent for election district No ,

in the county of , Wyoming, do solemnly swear (or

affirm) that I will perform all the duties of registry agent in and for
said election district according to law and the best of my ability, and that
in the discharge of my duties as such agent I will honestly endeavor to
prevent fraud, deceit, or any other manner of abuse of the elective fran-
chise, so help me God (or for which I will answer under the pains and
penalties of perjury)." [L. 1890, ch. 80, § 38; R. S. 1899, § 250.]

§ 2146. County commissioners shall furnish supplies. The county
commissioners of the several counties shall supply the registry agents of
their respective counties with all proper and necessary books and station-
ery and blank forms of affidavits for the voters, and particularly with
printed copies of the election laws. Th^y shall furnish to each registry
agent a bound book which shall be known as the "Official Register,"
which shall be ruled in columns of suitable dimensions to provide for the
following entries opposite the name of each elector, to-wit:

1. Number of the register.

2. Date of registry.

3. Name of elector.

4. Age of elector.

5. Where born.

6. Name of polling precinct.

7. Description of residence.

[L. 1890, ch. 80, § 35; R. S. 1899, § 251.]

§ 2147. Meetings of registry agents — Posting notice. Said registry
agents shall meet on the Tuesday four weeks preceding each general and
special election, at the office of the clerks of their respective cities or
towns and villages, or at some convenient place therein designated by the
county commissioners and made known by §aid registers by advertisement
posted up in five public places in their district at least five days before the
time of meeting. In incorporated cities and towns where a ward is made
an election district, the registry agents of such district shall meet at some
convenient place within such district as designated by the county com-
missioners. They shall convene at 9 o'clock in the morning and proceed
to make a list, as hereinafter prescribed, of all persons qualified and en-
titled to vote at the ensuing election in their respective election districts,
designating the ward and polling precincts, in which such persons are
then residing and entitled to vote, which list, when complete, shall con-

74 ELECTION LAWS OF WYOMING, 1920.

stitute and be known as the register of electors of said election district.
[L.' 1890-91, ch. 100, § 7; R. S. 1899, § 252.]

§ 2148. Register of electors — How made. Said registers shall each
contain a list of the persons so qualified and entitled to vote in said
election district, according to their wards and polling precincts, when
there are any, alphabetically arranged according to their surnames so as
to show in one column the name in full, in another column the residence
by the number of the dwelling, if there be a number, and the name of the
street or other location of the dwelling place, as near as may be, of each
person. [L. 1890, ch. 80, § 17 ; R. S. 1899, § 253.]

§ 2149. Who must be registered. The said registry agents shall
enter on said lists the names of all persons residing in their jurisdiction
who are entitled to, and claim the right to, vote at the next general elec-
tion. Such persons shall appear in person. [L. 1890-91, ch. 100, § 8 ; R. S.
1899, § 254.]

§ 2150. Oath of applicant to register. Every person applying to be
registered shall, before he shall be entitled to have his name registered,
take and subscribe before one of the registry agents one of the following
oaths, which shall then be filed with said agents, to-wit :

"The state of Wyoming, county of , ss.

''I do solemnly sweai* (or affirm) that I am a citizen of the United
States; that I will be twenty-one years of age on or before the election
day next ensuing; that I will have actually and not constructively been
a bona fide resident of said state one year and of said county sixty days,

and of election district No in said county ten days preceding the

day of the next general election ; that I am an actual resident of polling

precinct No in election, district No in said county, and

that I can read the constitution of said state. So help me God.

"State of Wyoming ,county of , ss.

"I do solemnly swear (or affirm) that I am a citizen of the United
States, that I was a resident and qualified elector of Wyoming on the
tenth day of July, 1890, that I have ever since th^n continued to be a resi-
dent of Wyoming ; that I will have actually and not constructively been
a bona fide resident of said county sixty days, and of election district

No in said county ten days preceding the day of the next general

election; that I am an actual and bona fide resident of polling precinct
No in election district No in said county. So help me God.

"State of Wyoming ,county of _, ss.

"I do solemnly swear (or affirm) that I am a citizen of the United
States; that I will be twenty-one years of age on or before the election
day next ensuing ; that I will have actually and not constructively been
a bona fide resident of this state one year and in this county sixty days,

and of election district No.___ in said county ten days preceding the

day of the next general election ; that I am an actual and bona fide resi-
dent of polling precinct No in election district No in said

county, and that I am prevented by reason of physical disability from
being able to read the constitution of this state. So help me God."
[Chapter 60, Session Laws, 1911.]

§ 2151. Registration hours. Said registry agents shall *sit continu-
ously from day to day until their labors are completed, not exceeding
five days, and they shall keep their office open for the transaction of their
business each day during the following hours, to-wit. From 9 o'clock in

ELECTION LAWS OF WYOMING, 1920. 75

the morning until 1 o'clock in the afternoon, and from 2 o'clock in the
afternoon until 6 o 'clock in the afternoon, and from 7 o 'clock in the even-
ing until 9 o'clock in the- evening. [L. 1890-91, ch. 100, § 8; E. S. 1899,
§ 256.]

§ 2152. Copies of registry lists to be made. When the registry is
complete the registry agents shall make three copies thereof, and certify
the register and copies' thereof to be a true list of the voters of their
election districts, so far as they may know. [L. 1890-91, ch. 100, § 8;
E. S. 1899, § 257.]

§ 2153. Disposition of registry lists. Within four days thereafter,
the said original list shall be filed by said registry agents in the office of
the county clerk of the proper county, and one copy of said list shall be
filed in the office of the clerk of the municipal corporation of the election
district, and one copy shall be retained by each of said registry agents,
and said registry agents shall also make a copy for each polling precinct
in the district, and in the municipal corporation. The last said copy shall
contain the list of voters in the ward in w^hich the polling precinct is
located, showing the precinct in which each elector resides, which last
said copies shall be deposited with the board of county commissioners of
the county, to be by them distributed to the election officers of said pre-
cincts for their use on the day of election. The board of county com-
missioners shall cause a copy of each of said .ward lists to be publicly
posted at each polling precinct in said district at least eighteen days be-
fore election day, if possible. [L. 1890-91, ch. 100, § 8; R. S. 1899, § 258.]

§ 2154. Meeting to complete lists — Time. The said registry agents
shall again meet at the places herein above designated twelve days pre-
ceding the day of election for the purpose of revising, correcting and
completing said list. They shall hold their sessions for not exceeding two
days and during the same hours as at their first meeting. [L. 1890, ch. 80,
§ 19; R. S. 1899, § 259.]

§ 2155. Proceedings shall be public — Hearing. The proceedings
shall be open, and all persons residing and entitled to vote in said district
shall have the right to be heard in person in relation to the corrections or
additions to said register. [L. 1890, ch. 80, § 20; R. S. 1899, § 260.]

§ 2156. Correction of lists — Challenges. Said agents shall at their
first meeting for revising and correcting said list, erase therefrom the
name of any person inserted therein, who shall be proved by the oath of
two legal voters of said district, to the satisfaction of said agents, to be
non-residents of said district, or otherwise not entitled to vote in said
district at the election then next to be held ; Provided, That if the person
whose name is on such list shall be challenged, he shall be entitled to con-
trovert by the oaths of legal electors of said district the allegations relat-
ing to his non-residence or other alleged disqualifications. [L. 1890-91,
ch. 100, § 9;R. S. 1899, § 261.]

§ 2157. Qualified elector may be registered. Any elector residing in
said district, entitled to vote therein, may appear before said agents in
person and require his or her name to be recorded in said alphabetical list
for the ward or precinct in which he or she claims to reside. [L. 1890-91,
ch. 100, § 9; R. S. 1899, § 262.]

§ 2158. Affidavit of elector registering. Any person requiring his or
her name to be so entered on said list shall make the same affidavit re-

76 ELECTION LAWS OF WYOMING, 1920.

quired of an elector who registers as heretofore provided, and shall be
subject to challenge by either of the registry agents, or by any elector,
and in case no challenge is made, such name shall be entered upon the
registry list, or in case of challenge as aforesaid, then such person shall
be registered only upon being vouched for by the affidavit of two electors,
as provided for in §§ 2217 and 2218. [L. 1890-91, ch. 100, § 9 ; R. S. 1899,
§ 263.]

§ 2159. Certified lists to judges of election. After said lists shall
have been fully completed and five days or more before the day of elec-
tion, the said agents shall cause a complete list of the registered voters
of each precinct in their respective districts to be made, certify the same
to be correct and deliver to the judges of election of each polling precinct
a list of the registered voters in their respective precincts. It shall be the
duty of the judges so receiving such list carefully to preserve such list for
their use on election day and to designate two of their number at the
openiiig of the polls to check the name of each registered voter voting in
such precinct. [L. 1890, ch. 80, § 22 ; R. S. 1899, § 264.]

§ 2160. Only registered electors can vote. No vote shall be received
at any general or special election if the name of the person offering to
vote be not on said register made as aforesaid in districts where registra-
tion is required. [L. 1890, ch. 80, § 22; R. S. 1899, § 265.]

§ 2161. Challenge of registered electors. Any person may be chal-
lenged and the same oaths required as now are or hereafter may be pre-
scribed by law touching the legality of the vote offered. [L. 1890, ch. 80,
§ 22;R. S. 1899, § 266.]

§ 2162. Clerks of election shall make list — When. The clerks at
each polling precinct where prior registration is not by law required, in
addition to the duties now prescribed by law, shall enter on the poll list
kept by them in columns prepared for that purpose, opposite the name of
each person voting the same statement or minute heretofore required of
the registrv agents in making the registry. [L. 1890, ch. 80, § 23 ; R. S.
1899, § 267'.]

§ 2163. Lists returned by judges — Preservation— Public. After the
canvass of the votes the register so kept and checked as aforesaid shall
be returned by the judges of election together with the poll lists and said
register shall be retained and carefully preserved as a public record in
the office of the county clerk. Such register at all times shall be open for
public inspection at the office of the said county clerk without charge.
[L. 1890, ch. 80, § 24; R. S. 1899, § 268.]

§ 2164. Pay of registry agents. The said registry agents shall each
receive the sum of three dollars per day for each day actually employed,
to be paid out of the county treasury upon properly verified claims. [L.
1890, ch. 80, § 25; R. S. 1899, § 269.]

§ 2165. Registry agents — Power — Vacancies. The said registry
agents shall have, and exercise the same power in preserving order at
their meetings as are given to judges of election for preserving order
on election day. All vacancies shall be filled by the board of county
commissioners, if such board be in session in time, and if not, such
vacancies shall be filled by the county clerk. [L. 1890, ch. 80, § 26 ; R. S.
1899, § 270.]

ELECTION LAWS OF WYOMING, 1920. 77

§ 2166. Judges ex officio registry agents — When. The judges of
election of each election precinct in Wyoming in all districts where there
were cast at the last preceding general election in each polling precinct
in said district, as shown by the returns thereof, not more than fifty
votes, shall be ex officio registry agents for their respective precincts,
and it shall be the duty of the county clerk of each county, to furnish
to the judges of election, if such polling precinct has by the returns o'f
the last preceding general election shown to have polled not more than
fifty votes, the same books, stationery, including black lead pencils for
the purpose of marking ballots of electors, and none other shall be used
for such purpose, and blank forms of affidavits and printed copies of the
election law, as they are required to furnish to the registry agents of such
election districts on which registration is required before the day of elec-
tion. It shall be the duty of the judges of election in the precincts where-
in they are required to also act as registry agents, to t*egister in the proper
official register, each voter applying to vote in the manner prescribed by
law for registration, prior to such voter being permitted to cast his ballot
at such election. [L. 1895, ch. 118, § 2; R. S. 1899, § 271.]

§ 2167. Election register^ — When and how kept. The said judges of
election as such ex officio registry agents, shall require and see that the
clerks of election register all electors voting, giving full particulars in the
proper columns of the records prepared by them as by this chapter re-
quired. Except that in giving the residence of persons who do not live
in cities or towns, the residence of the elector shall be given by legal sub-
divisions of land, according to the United States government survey,
where it is practicable to ascertain the same. [L. 1890-91, ch. 100, § 10;
R. S. 1899, § 272.]

§ 2168. Oath of elector voting on election day — Corroborating oath.

Each person ofi^ering to vote on election day, shall, in precincts where
prior registration is not required, take and subscribe the same oath as is
required herein of persons applying to be registered. Such affidavit shall
be administered by one of the^udges of election without charge, and it
shall be returned by the judges with the poll lists. [L. 1897, ch. 54; R. S.
1899; §273.]

Board of Carbon Co. v. State, 17#Wyo. 396, 99 Pac. 1116,

§ 2169. When elector may vote. When a qualified elector applies to
vot^ in precincts where prior registration is not required, he shall upon
registering as hereinbefore provided, be entitled to vote, but not before.
[L. 1890-91, ch. 100, § 12; R. S. 1899, § 274.]

CHAPTER 148.

JUDGES AND CLERKS OF ELECTION.

§ 2170. Judges of election — Appointment of — Notice. The board of
county commissioners shall at the last regular session preceding any elec-
tion— but if said regular session be within thirty days before the election,
then a special meeting shall be called — appoint three capable and discreet
persons possessing the qualifications of electors to act as judges of elec-
tion, at each polling precinct, and the county clerk shall make out and
deliver to the sheriff of the county immediately after the appointment of
such judges a notice in writing directed to the judges so appointed, and
said sheriff shall, within five days after the receipt of such notice, transmit

78 ELECTION LAWS OF WYOMING, 1920.

the same by registered mail to each of said judges of election ; Provided,
That the sheriff shall in person or by deputy serve said notice upon any
of the judges of election in the polling precinct at the county seat of his
county. [L. 1890, ch. 80, § 56; R. S. 1899, § 275.]

§ 2171. Political qualification of judges. In making the appoint-
ment of judges of election as aforesaid, not more than two at any polling
precinct shall be from any one political party. [L. 1890, ch .80, § 57 ; R.
S. 1899, § 276.]

Board of Carbon Co. v. State, 17 Wyo. 396, 99 Pac. 1116.

§ 2172. Term of office of — ^How appointed in cities. The judges of
election shall be and continue judges of all elections to be held within
their precincts for one year and until other judges shall be appointed as
hereinbefore directed. Municipal elections shall be conducted in accord-
ance with the provisions of the general election laws, except as is other-
wise provided; Provided, however, That the judges of election for such
municipal election shall be appointed by the councilmen or trustees of the
incorporated city or town in which said election shall be held. [L. 1890,
ch. 80, § 58;R. S. 1899, § 277.]

§ 2173. Clerks of election — Appointment of — Political qualifications.

The judges of election shall choose two persons, having the same qualifica-
tions with themselves, to act as clerks of the election and the clerks of the
election may continue to act as such during the pleasure of the judges of
election appointing them. The clerks shall not be members of the same
political party unless it be impracticable to obtain two thus qualified. [L.
1890, ch. 80, § 59; R. S. 1899, § 278.]

§ 2174. Filling vacancy in office of judge — Election proceedings in-
valid— When, If at any time appointed by law for the opening of any
election, any person duly appointed to act as judge of the election shall
fail or refuse to act or to be sworn or afiirmed to act in such capacity, the
place of such persons shall be filled by viva voce votes of qualified electors
residing within the polling precinct as may be present at the place of elec-
tion, and each person so elected to fill such vacancy shall be a qualified
elector of the precinct and shall be vested "v^ith the same power as if ap-
pointed by the board of county commissioners. All such judges shall at
all times be present when the ballots are being cast and counted. Any
ballot cast in the absence of any judge shall be invalid. Any proceeding
had in the count and canvass of the votes by the judges, during the ab-
sence of any judge, shall be invalid. [L. 1890-91, ch. 100, § 15 ; R. S. 1899,
§ 279.]

§ 2175. Oath of judges of election. Judges of election, whether ap-
pointed by the commissioners or elected, shall before entering upon their
duty as judges of election, severally take and subscribe the following oath
in writing :

*'I do solemnly swear (or affirm) that I will impartially and to the
best of my knowledge and ability, perform the duties of judge of this
election, and I will studiously endeavor to prevent all frauds, deceit and
abuse in conducting the same."

In precincts where prior registration is not required, the judge of
election shall, in addition to the foregoing oath, take and subscribe to the
oath required of registry agents before entering upon their duties. [L.
1890-91, ch. 100, § 16; R. S. 1899, § 280.].

ELECTION LAWS OF WYOMING, 1920. 79

§ 2176. Oath — How administered. Such oath may be taken before
any person authorized to administer oaths, but if no person authorized to
administer an oath be present, then the judges shall administer the oath to
each other with like effect in all proceedings, both civil and criminal, aSy
though the oath had been administered by any other person authorized to
administer oaths. [L. 1890, ch. 80, § 62; R. S. 1899, § 281.]

§ 2177. Oaths of clerks — How administered. The clerks of election
shall take and subscribe in writing an oath similar in character to that re-
(juired by law to be taken by the judges, which oath may be administered
by any one of the judges to the clerks. [L. 1890, ch. 80, § 63 ; R. S. 1899,

§ 282.]

§ 2178. Pay of election officers, The judges and clerks of general
county and municipal elections shall receive three dollars each for each
full day for their services in attending such elections and ten hours shall
constitute one day, and the judge or clerk who carries the returns to the
postmaster at the nearest postoffice shall also receive ten cents per mile
each way by the nearest traveled route unless he has to travel in another
way than by railroad, in which case he shall receive ten cents per mile
each way and three dollars per day for each day necessarily and actually
employed in such travel, also the amount expended for postage and the
registration fee upon such returns. Constables serving shall receive three
dollars per day. [L. 1890, ch. 80, § 142; R. S. 1899, § 283.]

§ 2179. Certificate of pay of election officers. The clerk of each
county, or municipality as the case may be, shall, on canvass of the elec-
tion returns of any election, make out his certificate stating therein the
compensation to which the judges or clerks of such election and constables
may be entitled for services, and lay the same before the county commis-
sioners, or city or town council as the case may be, at their next meeting,
and the compensation aforesaid shall be ordered to be paid out of the
treasury of such county, city or town. [L. 1890, ch. 80, § 143 ; R. S. 1899.
§ 284.]

§ 2180. Duties of officers. No officer shall deposit in the ballot box
any ballot except a law:^ul one. A lawful ballot is an official ballot of-
ficialh^ stamped and marked with the initials or names of a judge of the
election, and offered by a qualified elector during the time of election. No
officer shall allow an unqualified elector to vote. No officer shall count
the ballot of an elector more than once. No officer shall open or unfold
any ballot presented by an elector. No officer shall reveal how any elec-
tor has voted. No officer shall ascertain or allow any person to ascertain
how an elector has voted; Provided, however. An officer may assist a
qualified but incapacitated elector to vote as provided for in §§ 2223 and
2224. No officer shall refuse a qualified elector the right to vote. No off-
ficer shall be guilty of any fraud, corruption or misbehavior in the receiv-
ing or canvassing or returning of votes. No officer shall change any ballot
voted. The word officer as used in this section shall include judges and
clerks of election, county and municipal clerks, justices of the peace, mes-
sengers and all others who are in any way connected with the conduct of
an election or the canvassing or returning thereof . Any officer violating
any of the provisions of this section, shall be imprisoned in the peniten-
tiary not more than five years and not less than one year, or be fined not
more than two thousand dollars, and not less than one hundred dollars,
or may be both imprisoned and fined as aforesaid, and shall forever there-

80 ELECTION LAWS OF WYOMING, 1920.

after be incapacitated from holding any civil office or of exercising the
elective franchise in Wyoming. [L. 1890, ch. 80, § 164; R. S. 1899, § 285.]

Board of Carbon Co. v. State, 17 Wyo. 408, 99 Pac. 1116.

CHAPTER 149.
BALLOTS.

§ 2181. Ballots printed at public expense. All ballots cast in elec-
tions for public officers (except school district officers) shall be printed
and distributed at public expense as provided for in § 2182. [L. 1890, ch
80, § 82;R. S. 1899, § 286.]

.§ 2182. Printing of ballots, a public charge. The printing of ballots
and cards of instructions for the electors of each county and the delivery
of the same to the election officers, as provided for in § 2185, shall be a
county charge, the payment of which shall be provided for in the same
manner as the payment of other county expenses, and the expense, of
printing and delivering the ballots and cards of instruction shall in the
case of municipal elections be a charge upon the city or town in which
such election shall be held. [L. 1890, ch. 80, § 83; R .S. 1899, § 287.]

§ 2183. Ballots shall state propositions submitted to electors. When-
ever the secretary of state has duly certified to the county clerk any ques-
tion to be submitted to a vote of the'people, the county clerk shall have
printed on the regular ballots the question in such form as will enable the
electors to vote upon the question so presented in the manner provided for
in § 2184. The county clerk shall also prepare the necessary ballots when
ever any question is required by law to be submitted to the vote of the
electors of any locality, and not to the state generally ; Provided, however,
That in all questions submitted to the voters of a municipal corporation
alone, it shall be the duty of the municipal clerk to provide the necessary
ballots. [L. 1890, ch. 80, § 105; R. S. 1899, § 288.]

§ 2185. Delivery of ballots to judges of election. At or before the
opening of the polls the county clerk or the municipal clerk in the case of
municipal elections shall cause to be delivered to the judges of election of
each polling precinct which is within the county or within the munici-
pality in the case of municipal elections, and in which the election is to be
held at the polling place of the precinct the proper number of ballots as
provided for in § 2188. He shall also deliver to the said judges a rubber
or other stamp with red ink pad for the purpose of stamping or designat-
ing the official tickets as hereinafter provided. Said stamp shall contain
the words ^ ' Official ballot, " the name and number of the polling precinct,
the name of the county or municipality as the case may be, the date of the
election, and the name and official designation of the clerk who furnishes
the tickets. [L .1890, ch. 80, § 110; R. S. 1899, § 290.]

Slayinaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824; Board bf
Carbon Co. v. State, 17 Wyo. 371, 99 Pac. 1116.

§ 2186. Ballots and stamp delivered under seal — Receipt. The bal-
lots and stamp for each precinct shall be enclosed in a package under seal,
and the person delivering them to the judges of election shall take a re-
ceipt therefor, and file the same in the county or municipal clerk's office,
as the case may be. [L. 1890, ch. 80, § 111 ; R. S. 1899, § 291.]

§ 2187. Preparation of officially printed ballots — Such only shall be
cast. Except as otherwise provided by law, the clerk of each county shall

ELECTION LAWS OF WYOMING, 1920. 8]

provide printed ballots for every election for public officers other than
city, town or school district officers, in which the electors or any of the
electors within the county participate, and to cause to be printed in the
ballots the name of every candidate whose name has been certified to, or
filed with the county clerk in the manner provided for by law. Ballots
other than those printed by the respective county clerks, according to the
provisions of law shall not be cast or counted in any election. In all
municipal elections, the duties herein specified as devolving on the county
clerk, shall devolve on the municipal clerk. [L. 1890, ch. 80, § 102 ; R. S.
1899, § 292.]

§ 2188. Number of ballots to be furnished. The county- clerk of
each county shall provide for each election precinct in the county as
many ballots as there are registered voters in the precinct plus 25 per
cent, and if there is no registry in the precinct the county clerk shall
provide as many ballots as there were persons who voted at the last pre-
ceding general election in the precinct plus 25 per cent; Provided, also,
That in municipal elections it shall be the duty of the municipal clerk to
provide ballots as specified in this section. [Chapter 69, Session Laws,
1919.]

§ 2189. Time of printing ballots — Errors corrected. Ballots shall
be printed and in possession of the county clerk at least ten days, and of
a municipal clerk at least two days, if possible, before election, and sub-
ject to inspection by the candidates and their agents. If any mistake is
discovered the county clerk shall cause the same to be corrected without
delay. [L. 1890, ch. 80, § 108; R. S. 1899, § 294.]

§ 2190. Order of court correcting errors. Whenever it shall appear
by affidavit that an error or omission has occurred in the publication of
the names or description of the candidates nominated for office, or in the
printing of the ballots, the district court of the county; or the judge
thereof shall, upon application of any elector, by order require the county
or municipal clerk to correct such error, or to show cause why such error
should not be corrected. [L. 1890, ch. 80, § 109; R. S. 1899, § 295.]

§ 2191. Replacing lost ballots. In case the ballots to be furnished
to any voting precinct in accordance with the provisions of law shall for
any reason not be duly delivered, or if after delivery they shall be lost,
destroyed or stolen, the county clerk or municipal clerk, as the case may
be, shall cause other ballots to be prepared substantially in the form of
the ballots so wanting. The judges of election, upon the receipt of said
other ballots, shall make a statement under oath that the original ballots
have been lost, stolen or destroyed, and that the said clerk has furnished
them with the new ballots. The judges of election shall then cause the
new ballots to be used in lieu of the original ballots. [L. 1890, ch. 80, §
107; R. S. 1899, § 296.]

CHAPTER 51.

^ [Session Laws, 1911.]

RELATING TO ELECTIONS AND BALLOTS.

Section 1. How ballot shall be printed. All official ballots for elec
tions of public officers, except school district officers and officers in towns
having a population of less than one thousand people, shall be uniform in
size, white in color, of a good quality of paper through which the printing

82 ELECTION LAWS OF WYOMING, 1920.

or writing cannot be read, and all printing thereon shall be in black ink.
The party name or title shall be printed in capital letters^ at the head of
each column, not less than one-fourth of an inch in height. The names of
candidates shall be printed in capital letters not less than one-eighth of
an inch nor more than one-fonrth inch in height.

Sec. 2. What ballot shall contain. Every ballot shall contain the
name of every candidate whose nomination for any office specified in the
ballot has been certified, or has been properly filed, in the office of the
county clerk, according to law, and no other name. The name of a candi-
date shall be printed upon the ballot once and no more. All nominations
made by any political party, casting two per cent of the vote in the state
at the last preceding general election shall be placed in a separate column,
and all nominations of any such political party shall be placed under the
name of such party as designated by them in their certificate of nomina-
tion, petition, or in any other paper or certificate permitted by law. Only
one word shall be so used on a ballot to designate the name of any poli-
tical party. To the right of the party columns shall be one or more
columns for independent nominations. And the names of all independent
candidates shall be placed in the proper place in the column, or columns
designated '^ Independent, " and after each such name shall be printed
in one word the name of his party or principle as given in his certificate
of nomination.

Sec. 3. How arranged. All columns containing the names of candi-
dates shall be separated by heavy black lines, not less than one-sixteenth
of an inch wide. On the left hand side of the ticket shall be a column
designating the office to be voted for, and on the same line in the several
columns, under the appropriate party name, or title, all the names of the
candidates nominated for that office, shall be printed.

Sec. 4. Square after each name. After, and to the right of the name
of each candidate for an office, and within each party designated column,
and separated from the lines dividing the columns, shall be a square,
clearly designated by heavy black lines, in which the voter may designate
by a cross, his choice for each office. There shall be no other squares on
said ballot.

Sec. 5. Which party first. The ticket of the party having the great-
est number of votes within the county at the last preceding general elec-
tion shall be placed first on the ballot, and the position of the other tickets
shall be governed relatively by the same rule. In determining the number
of votes cast or had by the several political parties, reference shall be had
only to the vote for representative for congress.

Sec. 6. Space for additional name. There shall be left uncler the
name of each candidate sufficient space to write another name therein, and
the name so written, in such place and.so designated as to indicate the
office, shall be'counted the same as if printed upon the ballot and marked
by the voter.

Sec. 7. Intent of voter. If any elector shall mark his'ballot with a
cross mark, or any other mark within the square, after immediately at the
right of the name of any candidate, or at any place within the space in
which the name appears indicating an intent to vote for such person, it
shall be deemed a sufficient vote for the candidate whose name is opposite.

ELECTION LAWS OF WYOMING, 1920.

Sec. 8. Form and instruction. The ballot hereinbefore provided for,
shall be, with the instruction hereinbefore mentioned, substantially of the
following form : ♦ ^

''OFFICIAL ELECTION BALLOT."

For County, Wyoming, November , 191__

Instruction — ''Mark a cross in the square immediately to the right of
the name of the candidate printed thereon for whom you want to vote ; or
write the name of any other person for whom you want to vote, in the
proper place."

Republican

Democratic | Socialist

For Governor

John Smith 1

David Jones 1 I

John Doe | H

For Secretary
of State

John Smith

David Jones 1 1

John Doe 1 1

For State
Auditor

John Smith

David Jones 1

John Doe j

Sec. 9. Order of offices. In the preparation ^f the ballot the order
of arrangement of offices to be filled shall be — first, presidential electors,
if any; second, state officers, including justice of the supreme court;
third, representative in congress; fourth, district judge, if any; fifth,
members of senate and house of representatives; sixth, county offices;
seventh, precinct offices.

Sec. 10. Questions submitted. Any question, other than a^ constitu-
tional amendment, shall be printed and submitted to the people as near as
may be in accordance with the manner and method provided by law for
the printing and submission of a constitutional amendment, and the pro-
visions of the law governing such constitutional amendments shall, as
near as may be, apply to any other question submitted to a vote of the
people.

Sec. 11. Hours poll shall be open. At all elections a poll shall be
opened at the place* of election. At each polling precinct such poll shall
be opened as soon after nine o 'clock in the forenoon as possible, and shall
be kept open without any adjournment as follows: In all precincts
wherein prior registration is by law required, such poll shall be kept open
until seven o 'clock in the afternoon ; in all other precincts such poll shall
be closed at five o 'clock in the afternoon.

Sec. 12. Repeal. Sections 2184 and 2206 of the Wyoming Compiled
Laws, 1910, and all other acts or parts of acts in conflict herewith are
hereby repealed.

Sec. 5. General election ballot — Non-partisan judiciary. After said
primary election, held as aforesaid, the county clerk or other official whose
duty it is to prepare the official ballot for the general election to be held

84 ELECTION LAWS OF WYOMING, 1920.

in this state, shall prepare a separate ballot similar and substantially in
the same general form and the names rotated on said ballot as herein-
before provided :£oi» in this act for the nomination of judicial officers at
the primary election; and the two candidates receiving the highest num-
ber of votes at the primary election shall be entitled to have their names
printed on the official ballot at the general election. The candidate re-
ceiving the highest number of votes at said general election shall be de-
clared duly elected to the office for which said ^te-son was a candidate.
In all other respects the procedure for the nomination and the election to
the offices herein referred to, shall be regulated by the provisions of the
statutes relating to primary and general elections in force in this state,
so far as they are applicable. [Chapter 74, Session Laws, 1915.]

For the complete chapter on Non-partisan Judiciary, see pages 65-67 of this pamphlet.

Sec. 5. Ballots for general election — Non-partisan county superin-
tendent. After said primary election held as aforesaid, the county clerk
or other official whose duty it is to prepare the official ballot for the gen-
eral election to be held in this state, shall prepare a separate ballot similar
and substantially in the same general form, and the names rotated on
said ballot as herein provided for the nomination of said school officers
at the primary election, and as provided in Chapter 74, Session Laws of
1915, for the nomination of judicial officers ; and the two candidates re-
ceiving the highest number of votes at the primary election for each of
said offices shall be entitled to have their names printed on the official
non-partisan ballot a't the general election. Said ballot for non-partisan
officers may contain judicial officers and the same school officers, arranged,
however, iri separate columns, but such non-partisan ballot shall be sep-
arate from the regular T)allot used at such election and shall be deposited
in a separate ballot box, the same as in voting upon constitutional amend-
ments. The candidate receiving the highest number of votes at said gen-
eral election shall be declared duly elected to the office for which said
person was a candidate. In all other respects the procedure for the nom-
ination and election to the offices herein referred to shall be regulated by
the provisions of the statutes relating to primary and general elections in
force in fhis state so far as they are applicable. [Chapter 59, Session
Laws, 1917.]

For the complete chapter on Non-partisan County Superintendent, see pages 67-69 of ^this
pamphlet.

CHAPTER 57.

[Session Laws, 1919.]

ORDER OF NAMES ON BALLOTlS.

Section 1. It shall be the duty of the county clerk in preparing
ballots for primary and general elections to so arrange on the ballot
the offices to be filled that the order will conform to that printed on the
tally sheet in the poll book.

CHAPTER 150.

CONDUCT OF ELECTIONS.

§ 2192. Notice to judges of election. The board of county commis-
sioners shall within a reasonable time notify the judges of election ap-

ELECTION LAWS OP WYOMING, 1920. 85

pointed by them of each election taking place within the county at which
such judges should officiate. [L. 1890-91, ch. 100, § 14, sub. 2 ;. R. S 1899

§ 297.]

§ 2193. Judge shall give notice of inability to serve. Whenever a
judge of election knows that he will be unable to officiate at an election, he
shall notify the county commissioners in writing within a reasonable
period before such election, that he will be unable to serve thereat [h
1890-91, ch. 100, § U, sub. 3; R. S. 1899, § 298.]

§ 2194. Preparation of voting places and supplies. The sheriff of
the county in general and county elections and the city marshal in munici-
pal elections, shall provide in each polling place designated by them, a
sufficient number of places, booths or compartments, which shall be fur-
nished with such supplies and conveniences as shall enable the voter con-
veniently to prepare his ballot for voting, and in which electors may mark
their ballots screened from observation, and a guard rail so constructed
that only persons within such rail can approach within ten feet of the
ballot boxes or the places, booths or compartments herein provided for.
[L. 1890, ch. 80, § 112; R. 8.^899, § 299.]

§ 2195. Ballot boxes. There shall be provided at the expense of the
county, for each polling precinct, a substantial ballot box or canvas pouch
with a secure lock and key. There shall be one opening, and no more, in
such box or canvas pouch, of sufficient size to admit a single folded ballot.
The adoption of the canvas pouch to be used instead of the ballot box, in
any precinct, shall be optional with the commissioners of each county, but
in such precincts, where pouches are so adopted, the pouches shall be re-
turned to the county clerk together with the other election returns, as by
law provided. [L. 1890, ch. 80, § 80; R. S. 1899, § 300; L. 1901, ch. 29,
§ 1; L. 1903, ch. 15, § 1.]

§ 2196. Contents of voting booth. The voting booth shall not con-
tain anything except the card of instructions and the sample ballot, each
of which shall be posted therein, and necessary writing and marking ma-
terials to enable the voter to speedily mark his ballot. The marking ma-
aterials should be lead pencils whenever it is practicable to obtain the
same, and ink should not be used, if it can be avoided. There shall not
be in said voting bootli aiy placards, notices or devices of any kind what-
soever to call the attention of the voter to any candidate, or to urge the
voter to vote for any candidate! ; neither shall the booth contain anything
for the use or comfort of the vt)ter, whereby the claims of any candidate
are directly or indirectly urged upon the voter. The judges of election
shall see that the above instructions are strictly complied with. [L. 1890-
91, ch. 100, § 21; R .S. 1899, § 301.]

§ 2197. Polling places shall not be near saloons. No election shall
be held nor shall any election be appointed to be held in any saloon or bar-
room or in any room or place contiguous or adjoining thereto. Should
any place be designated or appointed for holding an election in violation
hereof, or become subject to such objection after having been so desig-
nated, the judges of election shall have power to, and they shall on or
before the day of such election and before the opening of the polls on such
day, procure a suitable place as near thereto as may be not subject to like
objections. The judges shall meet at the place first designated at the time
for opening the poll, and after any vacancies in their number shall have

86 ELECTION LAWS OF WYOMING, 1920.

been filled, adjourn to the place chosen by them and at the time of such
adjournment give public notice of such change as provided for in § 2199,
and all expense attending such change shall be certified by the judges to
the proper authorities, and shall be allowed and paid accordingly. [L.
1890, ch. 80, § 69 ; R. S. 1899, § 302.]

§ 2198. Change of polling place. Whenever it shall become impos-
sible or inconvenient to hold an election at the place designated therefor,
the judges of election, after having assembled at or as near as practicable
to such place, and before receiving any vote may change to the nearest
convenient place for holding the election, and at such changed place forth-
with proceed with the election. [L. 1890, ch. 80, § 70; R. S. 1899, § 303.]

§ 2199. Notice of change of polling place. Upon changing the place
of any election as provided in either of the next two preceding sections,
the judges shall cause proclamation thereof to be made and shall station
a constable or some other proper person at the place from which the
change was made to notify all electors arriving at such place of the
change and the place to which it was made. [L. 1890, ch. 80, §71; R. S.
1899, § 304.]

§ 2200. Space around polls. A space of twenty feet in every direc-
tion from the polls shall be kept open and clear of all persons, except one
challenger of good conduct and behavior, selected by each political party
to detect and challenge illegal voters; Provided, That where the polling
place is in an established building, or it would entail unnecessary expense
upon the county to build such a polling booth, the space of twenty feet
need only be in such direction from the building and in such way as would
leave a clear space for the easy entrance and exit of all electors, to and
from the polling place, without the hindrance or molestation of any one.
[L. 1890-91, ch .100, § 17 ; R. S. 1899, § 305.]

§ 2201. Expense of polling places — Utilizing of public buildings.

The expenses of providing such plans or compartments and guard rails
shall be a public charge, and shall be provided for in the same manner as
the other election expenses. In all cases w^here it is practicable to utilize
a building already constructed, the county commissioners may use the
same, or any school house or other public building ; Provided, That in the
use thereof they can secure a substantial compliance with the law. [L.
1890-91, ch. 100, § 19 ; R .S. 1899, § 306.]

§ 2202. Number of voting booths. The number of such places,
booths.or compartments shall not be less than one for every one hundred
electors, or fraction thereof, registered in the precinct. [L. 1890, ch.-80,
^ 114; R. S. 1899, §307.]

§ 2203. Approach and departure from polls. The voters shall ap-
proach the polling place from one direction and depart in another. [L.
1890, ch. 80, § 73 ; R. S. 1899, § 308.]

§ 2204. Electors privileged from arrest — When. Electors shall, in
all cases, except in those of felony, or ])reach of the peace, be privileged
from arrest during their attendance on the elections, and in going to and
returning from the same. [L. 1890, ch. 80, § 74; R. S. 1899, § 309.]

§ 2205. Challengers inside polling place. The judges of election
shall permit at least one and not more than two legal voters of each party

ELECTION LAWS OF WYOMING, 1920. 87

to the contest, to be chosen by the parties respectively, to enter the room
where the election is held to act as challengers of voters, and to remain
during the time that the votes are being canvassed and the returns made
up ; such challengers shall be residents of the precincts in which they act
as such. [L. 1897, ch. 53, § 11 ; R. S. 1899, § 310.]

§ 2207. Proclamation of opening and closing polls. When opening
the polls, one of the clerks or judges of the election shall make proclama-
tion of the same and at least thirty minutes before the closing of the poll
proclamation shall be made in like manner of the time when the polls will
be closed. [L. 1890, ch. 80, § 66; R. S. 1899, § 312.]

§ 2208. Good order at polls. The judges of election may appoint
some constable, if there shall be one present, to preserve order at and
about the polls. If no officer be in attendance, the judges of the election
may appoint one, and he shall have the powers of a regular constable and
be obeyed as such. [L. 1890, ch. 80, § 67; R. S. 1899, § 313.]

§ 2209. Power of constable at polls. Any constable attending sucli
election, or person appointed by the judges as such, may arrest any dis-
orderly person or suppress any riot or disorder without a w^arrant, and
may call a sufficient number of persons to his aid. [L. 1890, ch. 80, § 68 •
R. S. 1899, § 314.]

§ 2210. Ballot box — Public inspection before election — Custody of.

Before any ballot shall be deposited in the ballot box, the box shall be
publicly opened and exhibited and the judges and clerks shall see that no
ballot is in such box; after which the box shall be locked and the key
delivered to one of the judges to be designated by the others, and shall
not again be opened until the close of the polls. The ballot box shall not
be removed from the presence of judges or clerks of election after locking
said box as herein provided until all the ballots shall be counted and poll
lists made of all the names on said ballots. [L. 1890, ch. 80, § 81 ; R. S.
1899, § 315.]

§ 2211. No booths necessary — When. In precincts containing less
than fifty voters as shown by the last preceding election returns, the elec-
tion may be conducted under the provisions of this chapter without the
preparation of such booths or compartments as required by this chapter.
[L. 1890-91, ch. 100, § 20; R. S. 1899, § 316.]

§ 2212. Duty of judges upon failure to receive registry list. If any

registry agent or any county commissioner fail or refuse to furnish the
judges of election of any precinct lists of the registered voters in said pre-
cincts, as provided for in §§ 2153 and 2159, the judges of election are
authorized to take a copy of the written list of registered voters in said
precinct as provided for by law, and conduct the election in said precinct
in accordance with the provisions of this chapter, and their returns shall
show the reasons for using such written list instead of the registered lisf
of such election. [L. 1890, ch. 80, § 37 ; R. S. 1899, § 317.]

§ 2213. Cards of instruction to electors — Who shall furnish. The

county clerk of each county or municipal clerk, as the case may be, shall
cause to be printed in large type on cards in English, instructions for the
guidance of electors in preparing their ballots. He shall furnish six of
such cards to the judges of election in each election precinct, and one ad-
ditional card for each one hundred registered electors, or fractional part

88 ELECTION LAWS OF WYOMING, 1920.

thereof in the precinct, at the same time and in the same manner as
printed ballots. The judges of election shall post not less than one of such
cards in each place or compartment provided for the preparation of bal-
lots and not less than three of such cards elsewhere, in and about the
polling places, upon the day of election. Said cards shall be printed in
large clear type, and shall contain full instructions to the voter as to what
should be done, viz. :

1. To obtain ballots for voting.

2. To prepare ballots for deposit in the ballot boxes.

3. To obtain a new ballot in the place of one spoiled by accident or
mistake. Said card shall also contain a copy of §§ 2214 and 2313. There
shall also be posted in each of the compartments or booths one of the of-
ficial tickets, without the official stamp herein provided for, and not less
than three of such tickets posted elsewhere in and about the polling places
upon the day of election. [L. 1890, ch. 80, § 117 ; R. S. 1899 ; § 318.]

§ 2214. Elector — What he may or may not do in voting.

1. No person shall vote or offer to vote at any election except he
shall be a qualified elector.

2. No person shall vote in the name of any registered elector except
his own.

3. No person shall vote more than once at any election.

4. No person shall aid or abet any unqualified person to vote.

5. No person, other than the properly designated election officer,
shall put any ballot or thing into a ballot box.

6. No person shall either directly or indirectly employ, engage or
hire any one, for any fee or reward or promise thereof, to secure the elec-
tion or defeat of any candidate for office.

7. No person shall receive or demand, either directly or indirectly,
any fee or reward for aid given to secure the election or defeat of any
candidate for office.

8. No person shall attempt to influence the vote of any elector by
means of a promise or a favor, or by means of violence or threats of vio-
lence, or threats of withdrawing custom or dealing in business or trade,
or enforcing the payment of a debt, or discharging from employment or
bringing a suit or criminal prosecution, or any other threat of injury to
be inflicted by him, or by any other means.

* 9. No person shall in any way offer a bribe to an elector to influence
his vote.

10. No person shall prevent or attempt to prevent any qualified
elector from voting.

11. No person shall give or offer to give any valuable thing or bribe
to any officer, judge or clerk of election, as a consideration for some act to
be done or omitted to be done, contrary to his official duty, in relation to
any election.

• 32. No officer of election shall do any electioneering on election day.

13. No person whatsoever shall do any electioneering on election
day within any polling place, or any building in which an election is being
held, or within twenty yards thereof, nor obstruct the doors or entries
thereto, or prevent free ingress to and egress from such building or place.

14. No person shall remove any ballot from the polling place before
the closing of the polls.

15. No person shall show his ballot after it is marked to any person
in such a way as to reveal the contents thereof, or the name of the candi-

ELECTION LAWS OF WYOMING, 1920. 89

date or candidates for whom he has marked his vote, nor shall any person
solicit any elector to show the same.

16. No person except a judge of election shall receive from any
elector any ballot prepared for voting.

17. No elector shall receif e a ballot from any other person than one
of the judges of election having charge of the ballots, nor shall any person
other than such judge of election deliver a ballot to such elector.

18. No elector shall vote or offer to vote any ballot except such as
he has received from a judge of election having charge of the ballots.

19. No elector shall place any mark upon his ballot by which it may
afterwards be identified as the one voted by him.

20. Every elector who does not vote a ballot delivered to him by the
judges of election having charge of the ballots, shall, before leaving the
polling place, return such ballot to said judges.

21. No person shall ascertain, or publish, or reveal how any elector
voted at any election.

22. Whoever shall' violate any of the provisions of this section shall
be imprisoned in the county jail not to exceed six months, or be fined not
to exceed five hundred dollars, or both. [L. 1890, ch. 80, § 174; R. S.
1899, § 319.]

§ 2215. Poll list — How kept. Each clerk of election shall keep a
poll list, which shall contain a column headed ''number," and another
headed "names of voters." The name of each elector voting shall be en
tered upon each of the poll books of the respective clerks in regular suc-
cession under the proper headings and the number of such voter placed
opposite his or her name in the column headed ''number." [L. 1890, ch.
80, § 64;R. S. 1899, § 320.]

§ 2216. Elector may vote for any one — Aids to elector in preparing
ballot. Nothing herein contained shall prevent any voter from writing on
his ballot the name of any person for whom he desires to vote for any
office, and such vote shall be counted the same as if printed upon the bal-
lot and marked by the voter. Any voter may take with him into the poll-
ing place any printed or written memorandum or paper to assist him in
marking or preparing his ballot, except as otherwise provided in § 2233.
[L. 1890, ch. 80, § 103 ; R. S. 1899, § 321.]

§ 2217. Oath of elector challenged. Any person offering to vote may
be challenged and he shall not vote until he has taken the following oath,
administered by one of the judges of election :

*'You do solemnly swear (or affirm) that you are the identical person
whom you represent yourself to be, and who is registered in this precinct
at this election, and that you have not voted at this election." [L. 1890,
ch. 80, § 76; R. S. 1899, § 322.]

Board of Carbon Co. v. State, 17 Wjo. 396, 99 Pac. 1116.

§ 2218. Oath identifying challenged elector. Such elector so sworn
shall also before voting deliver to the judges of election an affidavit signed
by two qualified electors of that precinct, stating that the person offering
to vote, naming him, is the identical person whom he represents himself
to be, and that the deponents have each known him for at least six months,
and that they believe him to be a qualified elector. Such affidavit shall
have attached thereto the jurat of the officer administering the oath, which
jurat shall bear date, the day of the election at which such person offers

30 ELECTION LAWS OP WYOMING, 1920.

to vote, and shall be returned by the judges of the election with other
election papers. [L. 1890, ch. 80, § 76; R. S. 1899, § 323.]

Board of Carbon Co. v. State, 17 Wyo. 396, 99 Pac. 1116.

§ 2219. Challenged electors voting shall be designated in poll lists.

The clerks of election shall write after tlffe name of every person who has
been challenged and voted the word ''sworn," and the names of the elec-
tors making affidavit to the qualifications of the person voting. [L. 1890,

ch. 80, § 77; R. S. 1899, § 324.]

Board of Carbon Co. v. State, 17 Wyo. 396, 99 Pac. 1116.

§ 2220. Officers of election shall challenge. Each judge or clerk of
the election shall challenge any person whom he shall know or suspect of
not being a qualified elector. [L. 1890, eh. 80, § 78; R. S. 1899, § 325.]

§ 2221. Administration of oath to challenged elector. The oath in
each case where challenge is given may be administered by either of the
judges of election or by any officer, resident in the precinct, or district,
authorized by law to administer oaths. [L. 1890, ch. 80, § 79; R. S. 1899,
§326.]

§ 2222. When an elector who has not registered may vote. At all

elections each qualified elector who shall not have registered as a voter
according to law, shall be entitled to vote thereat, if the failure to register
is caused by sickness or absence during the last preceding registration
period. But before such person's vote shall be accepted, he shall make
an affidavit in writing, duly corroborated by the affidavit of two qualified
electors of the precinct at which he offers to vote, that he is a qualified
elector of the state and of the precinct in which he offers to vote, giving
his place of residence, as near as may be, and stating the length of time
he has resided in his county and in the state, and that such person offering
to vote was absent or by sickness unable to registered during the last pre-
ceding registration period. Such affidavit shall be administered by one of
the judges of election, without charge, and it shall be returned by them
with the- poll list. [L. 1890-91, ch. 100, § 13; R. S. 1899, § 327.]

Board of Carbon Co. v. State, 17 Wyo. 396, 99 Pac. 1116.

§ 2223. Judges may assist voter.. Any voter who declares to the
judges of election, that he or she cannot read, in case such person was a
voter on the tenth day of July, A. D.- 1890, or that by blindness or other
physical disability, he or she is unable to mark his or her ballot, shall
upon request, receive the assistance of two of the election officers, who
shall not be members of the same political party in the marking thereof,
and such officers shall certify on the outside thereof that it was so marked
by their assistance, and shall thereafter give no information regarding
the same. [L. 1895, ch. 48 ; R. S. 1899, § 328.]

§ 2224. Disabled elector may be sworn. Either of the judges may
require such declaration of disability to be made by the voter under oath
before them, and they are hereby qualified to administer the same. No
elector other than one who may, because of his disability to read, or phy-
sical disability, be unable to mark his ballot, shall divulge to any one
within the polling place the name of any candidate for whom he intends
to vote or to ask or receive the, assistance, of any person within the polling
place in the preparation of his ballot. [L. 1890, ch. 80, § 127; R. S. 1899,
§ 329.]

Slaymaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824.

ELECTION LAWS OF WYOMING, 1920. - 91

§ 2225. Who allowed within rail — Electors shall not be disturbed.

No person other than electors engaged in receiving, preparing or deposit-
ing their ballots, or a person present for the purpose of challenging the
vote of an elector about to cast his ballot shall be permitted to be within
the rail, and in case of small precincts where places, booths and compart-
ments are not required, no persons engaged in preparing their ballots
shall in any way be interfered with by any person unless it be some one
authorized bv the provisions of the election laws to assist him or them in
preparing his or their ballots. [L. 1890, ch. 80, § 116; R. S. 1899, § 330.]

§ 2226. Booth, who may occupy— Time of occupancy. Not more
than one person shall be permitted to occupy any one booth at any one
time, and no person shall remain in or occupy a booth or compartment
longer than may be necessary to prepare his ballot and in no event longer
than five minutes, if the other booths or compartments are occupied. [L.
1890, ch. 80, § 123; R. S. 1899, § 331.]

§ 2227. Return of spoiled official ballots — Limitation. A^y voter
who shall by accident or mistake spoil his ballot may, on returning such
spoiled ballot, and not otherwise, receive another in place thereof, but no
voter shall receive more than three ballots altogether. [L. 1890, ch. 80,
§ 124; R.S. 1899, §332.]

§ 2228. Official ballSt shall not be removed. No person shall take or
remove any ballot from the polling place before the close of the polls. [L.
1890, ch. 80, § 125 ; R. S. 1899, § 333.]

§ 2229. Duty of judges of election — Endorsed ballots. It will be the
duty of the judges of election to see that the official endorsement herein
provided for appears upon each ballot before the same is deposited in the
ballot box. [L. 1890, ch. 80, § 129 ; R. S. 1899, § 334; L. 1907, ch. 54, § 1.]

Slayinaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824; Board
of Carbon Co. v. State, 17 Wyo. 408, 409, 99 Pac. 1116.

§ 2230. Return of spoiled and unused ballots by judges of election.

All ballots spoiled by the voter shall by the judges be immediately can-
celed and together with those not distributed to voters shall be preserved
and all returned to the county or municipal clerk as the case may be,
when the returns required by § 2239 are made. [L. 1890, ch. 80, § 129 ;
R. S. 1899, § 335.]

§ 2231. Designation of judges to deliver official ballots. At each
election the judges of election shall designate two of said judges who shall
deliver the ballots to the qualified electors. Before the delivering of any
ballot to an elector the said judges shall print on the back and near the
top of the ballot with a rubber or otlier stamp provided for that purpose
the designation "Official ballot,'-' and the other words on the said stamp
as provided for in § 2185, and one of the said judges shall write his name
or initials upon the back of each ballot, and directly under the said official
stamp. No number or any mark for identication shall be put upon any
official ballot except as herein provided. Each qualified elector shall re-
ceive from the said judges one ballot prepared as aforesaid. [L. 1890, ch.
80, §119;R. S. 1899, § 336.]

'Slaymaker v Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049. 47 L. R. A. 824; Board
of Carbon Co. v. State, 17 Wyo. 408, 409, 99 Pac. 1116.

§ 2232. ^Preparation of ballot. On receipt of his ballot, the elector
shall forthwith and without leaving the polling place, retire alone to one
of the places, booths or compartments provided for that purpose and there

92 ELECTION LAWS OF WYOMING, 1920.

prepare his ballot as indicated in § 2184. [L. 1890, ch. 80, § 120 ; L. 1897,
ch. 53, § 18; R. S. 1899, § 337.]

Slaymaker v. Phillips, 5 Wyo, 460, 40 Pac. 971, 47 L. R. A. 824; Hamilton v. Turner,
13 Wyo. 418, 80 Pac. 664.

§ 2233. Elector may use unofficial ballot to aid in marking* official
ballot. In marking a ballot any elector shall be at liberty to use or copy
any unofficial sample ballot which he may choose to mark or have marked
previous to entering the polling place or booth, but no elector shall be at
liberty to use, and no person shall print, have printed, or have in his pos-
session, any unofficial or sample ballot unless the same is printed on red,
yellow or blue paper, and is plainly marked at the top thereof ''Sample
ballot." [L. 1897, ch. 53, § 19; K S. 1899, § 338.]

§ 2234. Casting of official ballot by elector. After preparing his bal-
lot the elector shall fold it so that the face of the ballot will be concealed,
and so that the endorsement thereon may be seen. He shall then vote
forthwith and before leaving the polling place. [L. 1890, ch. 80, § 122;
R. S. 1809, § 339.]

Slaymaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824.

CHAPTER 151. •

CANVASP AND RETURNS.

§ 2235. Canvass of ballots cast. As soon as the polls of the election
shall be closed the judges shall proceed immediately to canvass the vote
given and shall continue without adjournment until the canvass is com-
pleted. The canvass must commence by a comparison of the poll lists and
they must be made to agree ; the ballot box shall then be opened and the
ballots counted by the judges and clerks, unopened, and if there are more
ballots than names upon the poll list, the ballots must be returned to the
box, shaken up, and one of the judges shall draw from such box ballots
enough to make the remainder agree with the poll list, which ballots so
drawn shall be destroyed, and two or more ballots being found so folded
as to bear the appearance of having been voted by one person shall not be
counted, but preserved with the poll books ; the poll list and ballots being
made to agree, the judges and clerks shall then proceed to count and as-
certain the number of votes for each person named upon such ballots. [L.
1890, ch. 80, § 131; R. S. 1899, § 340.]

Slaymaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824; Board
of Carbon Co. v. State, 17 Wyo. 394, 99 Pac. 1116.

§ 2236. Record and certificate of ballots cast. When the votes shall
have been examined and counted, the cl*erks shall set down in their poll
books the total number of persons voting in such precinct at such election ;
the name of every person voted for, written at full length ; the office for
which said person receives such vote, and the number he did receive, the
numbers being expressed in words at full length, and also in figures, such
entry to be made substantially in the following form, to-wit :

''At an election held in polling precinct No in election district

No in county, Wyoming, on the day of

, A. D , the total number of persons voti«g was

and the following named persons received the number of votes annexed to
their respective names for the following officers: (Here insert names of
candidates voted for with office and number of votes received, the number

- ELECTION LAWS OF WYOMING, 1920. 93

of votes received in each case to be spelled out in full as well as written in
figures.) Certified by us.

Judges of Election.

Attest :

Clerks of Election.

Dated at this day of

A. D "

As soon as all the votes shall have been read off and counted, the
judges and clerks of election shall make out and sign a certificate under
their hands, as above provided; and shall make out and sign a duplicate
record and certificate of the ballots cast, which duplicate shall be sent
forthwith by messenger or by registered mail to the office of the secretary
of state. [Chapter 103, Session Laws, 1913.]

§ 2237. Rejection of ballots. In the canvass of votes if it shall ap-
pear that there is a greater number of ballots in the box than the number
called for by the poll list it shall be the duty of the judges to reject any
ballots which are not endorsed with the official stamp or which have not
endorsed the initials or name of the judge of election, as provided by law,
until the number of ballots in the box shall agree with the number on the
poll list. Any ballot or parts of a ballot from which it is impossible to de-
termine the elector's choice shall be void and shall not be counted; Pro-
vided, That when a ballot is sufficiently plain to gather therefrom the
voter's intention as to one or more of the candidates, it shall be the duty
of the judges of election to count the same to the extent to which the
voter's intention may be so gathered, notwithstanding the failure of the
voter to mark his ballot strictly in accordance to the instructions. [L.
1890, ch. 80, § 130; R. S. 1899, § 341 ; L. 1907, ch. 54, § 2.]

Slaymaker v. Phillips, 5 Wyo. 460, 40 Pac. 971, 42 Pac. 1049, 47 L. R. A. 824; Hamilton
V. Turner, 13 Wyo. 418, 80 Pac. 664; Board of Carbon Co. v. State, 17 Wyo. 408, 99 Pac. 1116.

§ 2238. Saving clause omitted. Chapter 54 of the Laws of 1907
amended §§ 334 and 341 of the Revised Statutes of 1899, which are in cor-
porated as §§ 2229 and 2237 of this volume, respectively. A saving clause
appearing in the chapter as to election contests pending and undetermined
on February 27th, 1907, being of a temporary nature, is omitted. — Com-
piler. [L. 1907, ch. 54, § 3.]

§ 2239. Delivery of election records and return. The judges of elec-
tion shall then enclose and seal one of the poll books together with all the
ballots cast and affidavits of electors concerning the qualification of per-
sons voting, all ballots returned by voters as spoiled and all ballots not
cast, accounting for those posted as by law required, under cover directed
to the county clerk of the county in which such election is held or munici-
pal clerk as the case may be, and the packet thus sealed shall be con-
veyed by one of the judges or clerks of election to be determined by lot if
they cannot agree otherwise, and the said packet shall be delivered to the
postmaster at the nearest post.office and registered within forty-eight
hours from the closing of the polls. The judges of election shall retain
the other poll book in their possession. [L. 1890, ch. 80, § 133 ; R. S. 1899,
§ 343.]

Board of Carbon Co. v. State, 17 Wyo. 395, 99 Pac. 1116.

94 ELECTION LAWS OF WYOMING, 1920.

§ 2240. Preservation of official ballots cast. All the ballots counted
by the judges of election shall, after being read, be strung upon a strong
thread or twine in the order in which they have been read, and shall be de-
livered, together with the poll books, to the clerk as hereinbefore specified,
who shall carefully preserve said ballots for six months, and at the expira-
tion of that time shall destroy them by burning without tire package being
previously opened; Provided, If any contest of election shall be pending
in which such ballots may be required as evidence, the same shall not be
destroyed until such contest is finally determined. [L. 1890, ch. 80, § 134;
R. S. 1899, § 344.]

Board of Carbon Co. v. State, 17 Wyo. 395, 99 Pac. 1116.

§ 2241. Informality in delivery of returns shall not invalidate vote.

Informality in the delivery of the returns, as specified in § 2239, in the
absence of fraud shall not invalidate the vote of any precinct. If at an
election, any polling precinct is not opened, and no ballots cast therein,
such failure shall not invalidate such election. [L. 1890, ch. 80, § 135; R.
S. 1899, § 345.]

Board of Carbon Co. v. State, 17 Wyo. 395, 99 Pac. 1116.

§ 2242. Messenger for county election returns. Should the returns
from such election be not received by the county clerk within ten days of
the time such election w^as held, then the county clerk may send a special
messenger, whose mileage and per diem shall be paid by the county as in
other cases. The judges of election shall make out a certified copy of the
poll book of such election in their possession, enclose and seal the same
and deliver the same to said messenger. [L. 1890, ch. 80, § 136; R. S.
1899, § 346.]

§ 2243. Abstract of votes and certificate of election. On the fif-
teenth day after the close of any county or general election, or sooner if
all returns be received, the clerk of the county, taking to his assistance
two justices of the peace of his county, (one of whom shall be of a dif-
ferent political party from the clerk, if such an one can be found) shall
proceed to open said returns and make abstracts of the votes in the fol-
lowing manner. An abstract of votes for presidential electors, state of-
ficers, justices of the supreme court, representatives in congress and dis-
trict judge shall be on one sheet, and an abstract of votes for members of
the senate and house of representatives shall be on another sheet, and an
abstract of the votes for county and precinct officers shall be on another
sheet, which abstracts shall show in detail the number of votes cast in
each and every precinct, for each one of the candidates for the herein-
before mentioned offices, the total number of ballots received by the
county clerk from electors who were absent from their respective pre-
cincts on election day and who cast their ballots in accordance with the
provisions of Sections 2093, 2094 and 2095, Wyoming Compiled Statutes,
1910, and amendments thereto, the * number of such ballots from absent
electors which were counted for, and made a part of the total number of
votes cast in, each and every precinct, and the total number of votes cast
for each of the said candidates, and each of which abstracts shall be
signed by the county clerk and the two justices; and the county clerk
shall immediately make out a certificate of election to each of the persons
having the highest number of votes for county and precinct officers, re-
spectively, and deliver such certificate to the person entitled to it on his
making application for the same to the clerk at his office. [Chapter 103,
Session Laws, 1913.]

*See Sec. 2097, page 43, in regard to record of ballots of absent voters.

ELECTION LAWS OF WYOMING, 1920. 1)5

§ 2244. All returns shall be counted by canvassing board. In can-
vassing the returns the vote of every precinct returned within fifteen days
after the election to the county clerk shall be counted- and the canvassers
shall not throw out the vote of anv precinct so returned. [L. 1890, eh. 80,
§ 138; R. S. 1899, § 348.]

state V. Barber, 4 Wyo. 56, 32 Pac. 14; Board of Carbon Co. v. State, 17 Wyo. 394,
99 Pac. 1116.

§ 2245. Certificate of election returns by county clerk to secretary
of state. The county clerk immediately after making out abstracts of the
votes given in his county, shall make a copy of such abstract and transmit
the same by mail or by some proper person to the office of the secretary of
state, aiTd it shall be the duty of the county clerk to certify that such copy
of the abstract of votes is a full, trite and correct copy of the abstract of
the returns of all votes cast in the county, and when the returns are
opened and the abstracts of the votes are made before fifteen days have
elapsed, the county clerk shall certify that the returns from each and
every precinct have been received and have been counted and are em-
bodied in such abstract. [L. 1890, ch. 80, § 139; R. S. 1899, § 349.]

§ 2246. Messenger from secretary of state to secure^lection returns.

If the returns of the election of any county shall not be received at the
office of the secretary of state within thirty days after the election, the
secretary shall forthwith send a messenger to the county clerk of such
county whose duty it shall be to furnish such messenger with a copy of
the abstract aforesaid, and the said messenger shall be paid out of the
state treasury the sum of three dollars per day for each day necessarily
employed, and fifteen cents per mile for each mile he shall necessarily
travel in going to and returning from the office of said clerk. [L. 1890,
ch. 80, § 140; R. S. 1899, § 350.]

state V. Chatterton, 12 Wyo. 170, 73 Pac. 961.

§ 2247. State canvassing board — Notice of election. The secretary,
au/litor and treasurer of the state, or any two of them, in the presence of
the governor, shall proceed within thirty days after the election, and
sooner if all the returns be received, to canvass the vote for presidential
electors, state officers, justices of the supreme court, representative in
congress, district judges and all members of the senate and house of rep-
resentatives; shall compare the results of such canvass with the returns
of the election as received from the judges and clerks of the election, as
provided in Section 2236, which returns shall be opened and tabulated by
the secretary of state as soon as received; and shall make and file in the
office of the secretary of state a certificate signed by them and containing
a statement of the votes so canvassed and the result thereof. The gover-
nor shall then give a certificate of election to each of the persons having
the highest number of votes for each office. [Chapter 103, Session Laws,
1913.1

CHAPTER 152.
ELECTION CONTESTS.

§ 2248. Legislature shall determine contest of members. The senate
and house of representatives shall respectively hear, and determine con-
tests of the election of any of their respective members. [L. 1890, ch. 80,
§ 144; R. S. 1899, § 352.]

96 ELECTION LAWS OF WYOMING, 1920.

§ 2249. District court shall determine election contests in counties.

'The district court of each county shall hear and determine contests of the
election of all county, precinct and municipal officers in that county, and
all contests relating to the removal of county seats or relating to any
other subject which may be submitted to the vote of the electors of such
county. [L. 1890, ch. 80, § 145; R. S. 1899, § 353.]

§ 2250. Who may contest election of legislator. The election of any
member declared duly elected to a seat in the senate or house of repre-
sentatives may be contested by any qualified voter of the county or dis-
trict to be represented by such member of the senate or house of repre-
sentatives. [Jj. 1890, ch. 80, § 146; R. S. 1899, § 354.]

§ 2251. Notice of legislative contests. The contestants shall, within
thirty Says after the result of the election shall have been determined,
serve on the person whose election he will contest, a notice of his inten-
tion to contest such election expressing the points on which the same will
be contested, and shall also on or before the next session of the legislature,
deliver a copy of such notice to the secretary of state, and in case the per-
son whose electiyp is contested is absent from the county of his residence,
or cannot be found therein, service may be had by leaving a copy of such
notice at his last or usual place of residence with some person of suitable
age and discretion. [L. 1890, ch. 80, § 147; R. S. 1899, § 355.]

§ 2252. Notice of taking deposition in legislative contests. When-
ever a notice shall have been given of intention to contest an election as
provided in the next preceding section, either party may proceed to take
testimony of any witness before any officer authorized to take and certify
depositions on giving to the adverse party or his attorney ten days ' notice
of the time and place of taking the same, and one day in addition thereto,
Sunday excluded, for every fifty miles travel from the place of residence
of such party to the place where such deposition is to be taken. If the
party entitled to notice resides in the county where the deposition is to be
taken, five days' notice shall be sufficient. [L. 1890, ch. 80, § 148; R.'S.
1899, § 356.]

§ 2253. Enforcing the production of evidence and attendance of
witnesses. The officer before whom depositions are taken shall have the
power to compel the production of papers and the attendance of witnesses
and the same proceedings may be had to compel the attendance of wit-
nesses as are provided in the cases of taking depositions to be used in the
district courts. [L. 1890, ch. 80, § 149; R. S. 1899, § 357.]

§ 2254. Manner of certifying and transmitting depositions. A copy
of the notice to take depositions with proof of the service thereof together
with the deposition shall be sealed up and transmitted by mail or other-
wise to the secretary of state with an endorsement thereon showing the
names of the contesting parties, the office contested, and the nature of the
papers. [L. 1890, ch. 80, § 150 ; R. S. 1899, § 358.]

§ 2255. Notice of contest to legislature. The secretary of state shall
deliver the copy of the notice deposited with him by the contestant and
the depositions unopened to the presiding officer of the branch of the
legislature to which the contest relates, on or before the second day of its
session next after th-e receipt of the same, and the presiding officer shall
immediately give notice to his house that such papers are in his possession.
[L. 1890, ch. 80, § 151; R. S. 1899, § 359.]

ELECTION LAWS OP WYOMING, 1920. 97

§ 2256. Legislature may procure all evidence. Nothing in this chap-
ter contained shall be construed to abridge the right of either house of the
legislature to grant commissions to take depositions or to send for and
examine any witness it may desire to hear on such trial or to declare the
right of membership to their respective houses. [L. 1890, ch. 80, § 152;
R. S. 1899, § 360.]

§ 2257. Who may contest election of county and other officers. The

election of any person declared elected to any office other than member of
the senate or house of representatives may be contested by any elector of
the county, town or precinct, ward or city, for which the person is de-
clared elected. [L. 1890, ch. 80, § 153 ; R. S. 1899, § 361.]

§ 2258. Petition to contest election of county and other officers. The

person desiring to contest such election shall, within thirty days after the
person whose election is contested is declared elected, file with the clerk of
the district court of that county a petition in writing setting forth the
points on which he will contest the election, which petition shall be veri-
fied by affidavit of the party bringing such contest, as in pleadings in the
district court. [L. 1890, ch. 80, § 154; R. S. 1899, § 362.]

Sawin v. Pease, 6 Wyo. 101, 42 Pac. 750.

§ 2259. Notice of contest of election of county and other officers..

Upon the filing of such petition summons shall issue against the person
whose office is contested and he may be served with process or notified to
appear, in the same manner as is provided in civil actions in the district
court. [L. 1890, ch. 80, § 155; R. S. 1899, § 363.]

Sawin v. Pease, 6 Wyo. 101, 42 Pac. 750.

§ 2260. Evidence in contest cases — How taken. Evidence may be
taken in the same manner and upon like notice as in civil actions in dis-
trict court, and such cases shall be tried in like manner as in civil actions.
[L. 1890, ch. 80, § 156; R. S. 1899, § 364.]

Sawin v. Pease, 6 Wyo. 101, 42 Pac. 750.

§ 2261. Contest in questions submitted to electors — Procedure. Any

five electors of the county, city or town, may contest an election upon any
subject which may by law be submitted to a vote of the people of the
county, city or town, upon filing in the district court of the county within
thirty days after the result of the election shall have been determined, a
petition in like form as in other cases of contested elections in the district
court. The county, city or town, as the case may be, shall be made de-
fendant, and process shall be served as in civil actions against the county,
and like proceedings shall be had as in other cases of contested elections
before such court. [L. 1890, ch. 80, § 157; R. S. 1899, § 365.]

§ 2262. When electors may defend contest. In case the county, city
or town board shall fail or refuse to defend such contest, the court shall
allow any one or more electors of the county, town or city, to appear and
defend, in which case the electors so defending shall-be liable for the costs
in case the judgment of the court shall be in favor of the contestants. [L.
1890, ch. 80, § 158; R. S. 1899, § 366.]

§ 2263. Contest settled by court. The judgment of the court in
cases of contested elections shall confirm or annul the election, according
to the right of the matter, or in case the contest is in relation to the elec-
tion of some person to an office, shall declare as elected the person who
shall appear to be duly elected. [L. 1890, ch. 80, § 159 ; R. S. 1899, § 367.]

98 ELECTION LA^S OF WYOMING, 1920.

§ 2264. Tie vote — New election. If it appears that two or more per-
sons have received, or would have received, if the legal number of ballots
cast, or intended to be cast for them had been counted, the highest and
equal number of votes for the same office, it shall be declared that there
has been no choice, and a new election shall be had as in other cases of
vacancy in public office. [L. 1891, ch. 100, § 23; R. S. 1899, § 368.]

§ 2265. Procedure in case of tie vote for county office. When it shall
ap[)ear upon the official canvass of any vote cast at any general election,
that two or more persons have each received the highest and equal number
of the votes cast at such election, for that office, and the office to be filled
be a county office, then the board of county commissioners shall meet be-
fore the first day of January next succeeding such election, and determine
by vote of such commissioners, which of the persons having such tie vote
(Shall be declared elected, and such vote of the board of county commis-
sioners shall be made a matter of record by the county clerk, and he shall
issue to the person so elected a certificate of his or her election. [L. 1895,
oh. 112, § 1 ; R. S. 1899, § 369. |

§ 2266 . Procedure in case of tie vote for state officer. When upon
i,ue official canvass of any vote cast at any general election for a state of-
ficer, it shall appear that two or more persons having received an equal
and highest number of votes cast for that office, it shall be the duty of the
state legislature, convening in January next succeeding such election, to
meet in joint session of the senate and house of representatives upon the
first day of the session thereof, or as soon thereafter as both houses shall
be duly organized, and determine the tie vote, by vote in the manner
provided for the election of United States senators, and the result shall be
certified to the secretary of state by the president of the state senate, who
shall preside at such joint session. And it shall be the duty of the secre-
tary of state to issue to the person so chosen a certificate of his or her elec-
tion. [L. 1895, ch. 112, § 2 ; R. S. 1899, § 370.]

state V. Brooks, 14 W>o. 412, 84 Pac. 488, 6 L. R. A. (N. S.) 750.

§ 2267. Duty of court in case of tie vote. If it shall appear upon
any contested election in any court of this state, that two or more persons
have received an equal and higher number of legal votes cast for that
office, it shall be the duty of such court to refer the decision of the matter
to either the board of county commissioners or the state legislature for
action therein, as provided in the two preceding sections. [L. 1895, ch.
112, § 3;R. S. 1899, § 371.]

§ 2268. Effect of certified copy of judgment of court. A certified
copy of the judgment of the court shall have the same effect as to the
result of the election as if it had been so declared by the canvassers. [L.
1890, ch. 80, § 161; R. S. 1899, § 372.]

§ 2269. When election of candidate declared void. When the per-
son whose election is contested is found to have received the highest num-
ber of legal votes, but- the election is declared null by reason of legal dis-
qualifications on his part, or for other causes, the person receiving the
next highest number of votes shall not be declared elected, but the elec-
tion shall be declared void. [L. 1890, ch. 80, § 162; R. S. 1899, § 373.]

§ 2270. Appeals to supreme court in contested election cases. All

cases of contested elections in the district courts may be taken to the
supreme court in the same manner and upon like conditions as is provided
in the case of civil action. [L. 1890, ch. 80, § 163 ; R. S. 1899, § 374.]

ELECTION LAWS OF WYOMING, 1920. ' 99

CHAPTER 153.

GENERAL PROVISIONS.

§ 2271. General application of election law. The penalties and other
provisions of law with reference to elections and the returns thereof held
in incorporated cities and towns and precincts located on the line of anv
railroad, shall apply to elections held in precincts outside of said incor-
porated cities and towns so far as the same shall be applicable. [L 1890
ch. 80, § 31; R. S. 1899, § 375.]

§ 2272. Form of oath required. Whenever an oath is required by
the provisions of the election laws, the elector shall swear according to the
form of his religious faith or belief, or affirm under the pains and penal-
ties of perjury. [L. 1890, ch. 80, § 34 ; R. S. 1899, § 376.]

§ 2273. Qualifications of office-holders. No person shall be eligible
to any office who, at the time he is chosen and during his incumbency
therein, is not a qualified elector and an actual resident of the district,
county, town, ward or precinct, as the case may be, in which he holds such

office. [L. 1890, ch. 80, § 6 ; R .S. 1899, § 377.]

§ 2274. Woman suffrage. When they possess the other qualifica-
tions of an elector, the rights of women to the elective franchise and to
hold office shall be the same as those of men. [L. 1890, ch. 80, § 7: R. S.
3899, § 378.]

§ 2275. Persons disqualified from voting or holding office. The fol

lowing persons shall not vote or hold office : One who is under guardian-
ship, one who is non compos mentis, one who has been within Wyoming
convicted of any felony, unless restored to civil rights by pardon, one who
has made or become, either directly or indirectly, interested in any bet or
wager depending upon the result of the election at which he or she shall
offer to vote. [L. 1890, ch. 80, § 8 ; R. S. 1899, § 379.]

§ 2276. Resignation of elective offices. Resignation of elective of-
fices shall be made to the officer, court or county board authorized by law
to fill a vacancy in such office by appointment or to order an election to fill
such vacancy. [L. 1890, ch. 80, § 43 ; R. S. 1899, § 380.]

§ 2277. Vacancies in elective offices — How made. Every elective of-
fice shall become vacant on the happening of either of the following events
to the incumbent before the end of his term of office :

1. His death.

2. His resignation.

3. His becoming insane or non compos mentis.

4. His ceasing to be an inhabitant of the state or if the office is local,
his ceasing to be an inhabitant of the district, town, ward, or precinct for
which he was elected.

5. His conviction of an infamous crime or of any offense involving a
violation of official oath.

6. His removal from office.

7. His refusal or neglect to take his oath of office, or to give or renew
his official bond, or to deposit or file such oath or bond within the time pre-
scribed by law.

8. The decision of a competent tribunal declaring his election void.
[L. 1890, ch. 80, § 45 ; R. S. 1899, § 381.]

state V. Henderson, 4 Wyo. 535, 35 Pac. 517, 23 L. R. A. 751; Ballentyne v. Bower, 3 7
Wyo. 356, 99 Pac. 869.

100 ELECTION LAWS OF WYOMING, 1920.

§ 2278. Publicatian election proceedings by county commissioners.
The county commissioners and county clerks of the several counties shall
cause to be made full and minute entries of all proceedings had under the
election laws and to cause full copies of such proceedings and appoint-
ments of registry agents, judges, etc., to be published in a newspaper pub-
lished within their respective counties as soon after their adjournment as
is practicable, and the county clerks of the several counties shall imme-
diately notify, in writing, the registry agents of their appointment. [L.
1890, ch. 80, § 39; R. S. 1899, § 382.]

§ 2279. County clerk to furnish city clerk list of voters. The clerk
of each county shall supply each clerk of a municipality with a certified
and full and complete list of all voters registered within the said munici-
pality as last returned by the registry agents, upon the request of the
clerk of said municipality, and within three days after such request. The
county clerk shall receive therefor no fee; Provided, however, The clerk
of such municipality shall not make such request unless an election in the
municipality will occur within thirty days. [L. 1890, ch. 80, § 176 ; R. S.
1899, § 383.]

§ 2280. Printing — Election laws. The secretary of state shall, in
each general election year, not later than the first day of July of said year,
cause to be printed and distributed among the several boards of county
commissioners, not to exceed two thousand copies of the then existing
election laws of this state. [L. 1897, ch. 53, § 23; R. S. 1899, § 384; L.
1901, ch. 24, § 1 ; L. 1909, ch. 69, § 1.]

NOTE — See Sec. 43, Chap. 23, Session Laws 1911.

§ 2281. Distribution of election laws. The boards of county com-
missioners receiving printed copies of the election laws, shall provide the
judges of each voting precinct with a copy thereof at each election, [L.
1890, ch. 80, § 181; R. S. 1899, § 385.]

§ 2282. . Meaning of term municipal. The term "municipal" and
"municipalities" herein used shall mean and refer to incorporated cities
and towns. [L. 1890, ch. 80, § 178; R. S. 1899, § 386.]

§ 2283. Application of general election laws. The general election
laws shall, as far as possible, apply to all incorporated cities and small
towns, except as to the canvass of the votes, which canvass may be pro-
vided for by ordinance, but if not so provided for, the provisions of the
general election laws, shall prevail. But at no election whatsoever held
under the laws of Wyoming shall it be necessary for any elector to pay
poll tax to entitle such elector to vote. When the charter or law relating
to any city or town shall indicate a different procedure than herein set
forth the provisions of the general election law shall prevail, and the
charter or law relating to such city or town shall not be followed. When
the general election laws do not fully provide for the conduct of election,
in any city or town, such city or town maj^, by ordinance, not inconsistent
herewith, provide for a complete election and canvass thereof. [L. 1890,
ch. 80, § 177; R. S. 1899, § 387.]

§ 2284. Where elector must vote. No one shall be permitted to vote
in any polling precinct other than the one of which he is at the time an
actual resident. [L. 1897, ch. 53, § 25; R. S. 1899, § 388.]

ELECTION LAWS OF WYOMING, 1920. lOl

CHAPTER 154.

MUNICIPAL ELECTIONS.

§ 2285. Proclamation for. The mayor or other chief officer, of each
incorporated city or town shall, not less than thirty days before an
election therein, if possible, make a proclamation which shall be pub-
lished at least one time in an official newspaper of the city, setting forth
the fact that on a certain date, naming it, a municipal election will take
place for the election of officers, naming the offices to be filled at such
election. Such proclamation shall be signed by the mayor or other chief
officer, and attested by the clerk of the municipality. [L. 1890-91, ch. 17,
§ 1; R. S. 1899, § 389.]

§ 2286. Desi^ation of polling place. The mayor or other chief
officer of an incorporated city or town, together with its council or board
of trustees, may designate and establish such polling places or booths
within the precincts established by the county commissioners as the of-
ficers of such incorporated city or town may deem fit. Such polling places
or booths to be erected or constructed in the manner prescribed by law,
at the expense of such incorporated city or town. [L. 1890-91, ch. 17, § 2 ;
R. S. 1899, § 390.] '

§ 2287. Notice to county commissioners. The clerk of each incor-
porated city or town shall, not less than thirty days before an election,
notify the board of county commissioners in writing, of the day of the
next municipal election, whether the same be a regular or special one,
whereupon the county commissioners shall at once notify the regularly
appointed registry agents for the district embraced within such city or
town, to appear at the lawfully designated place of registry on the third
Tuesday preceding such election, and to proceed to register all citizens
who appear, claim the right, and are qualified to register, and who by
reason of not being registered, would be disqualified from voting at such
election. [L. 1890-91, ch. 17, § 3 ; R. S. 1899, § 391.]

NOTE — See general town incorporation laws as to when prior registration is not reqirpi,
— Compiler.

§ 2288. Duty of registry agents. Such registry agents shall there-
upon post notices of the registration of electors in the manner provided
by law for giving notice of registration before regular county elections.
[L. 1890-91, ch. 17, § 4; R. S. 1899, § 392.]

§ 2289. Registry agents shall meet when. On the day appointed for
registry as aforesaid, such registry agents shall meet and proceed to
register all qualified electors in the manner prescribed by law. Such
registry agents shall keep the same hours and observe all the require-
ments of the statute the same as during regular registration periods.
[L. 1890-91, ch. 17, § 5; R. S. 1899, § 393.]

§ 2290. Post list of electors registered. At the end of the first meet-
ing, the registry agents shall prepare and certify lists of persons who
have registered, shall nle the same in the office of the county clerk and
the clerk of the municipality, and post the same in the manner provided
by law. [L. 1890-91 , ch. 17, § 6 ; R. S. 1899, § 394.]

§ 2291. Meetings of registry agents— Length of. Such registry
agents shall meet for three consecutive days, and then shall adjourn for
one week, and then they shall meet for one day for the purpose of revis-

102 ELECTION LAWS OF WYOMING, 1920.

ing, correcting and completing such registry lists and the registration of
such qualified electors who have not theretofore registered. [L. 1890-91,
ch. 17, § 7; R. S. 1899, § 395.]

§ 2292. Certificate of registry lists — To whom. When the registry
agents shall have completed the registration as aforesaid, they shall pre-
pare and certify lists and deliver copies thereof to the county clerk and
the clerk of the municipality in the manner provided by law. [L. 1890-91,
ch. 17, § 8;'K S. 1899, § 396.]

§ 2293. Posting registry lists. The county clerk and the clerk of
the municipality shall post such lists in the manner provided by law.
[L. 1890-91, ch. 17, § 9; R. S. 1899, § 397.]

§ 2294. Duty of county clerk. The county clerk, upon the request
of the clerk of the incorporated city or town, shall prepare and deliver
to such clerk of the incorporated city or town, a registry list containing,
in alphabetical order, and divided into precincts, complete lists of all
the regularly registered and properly qualified electors who could vote
at the ensuing city or town election, as shown by the registry lists in his
office. [L. 1890-91, ch. 17, § 10 ; R. S. 1899, § 398.]

§ 2295. Expense by whom paid. The city or town asking for such
lists through its clerk shall reimburse the county clerk for all expenses
incurred in procuring material and assistance necessary in furnishing
such registry lists. Such expenses shall be paid after such service is
rendered, in the same manner that the other claims against an incor-
porated city or town are paid. [L. 1890-91, ch. 17, § 11; R. S. 1899,
§ 399.]

§ 2296. Duty of city clerk. The clerk of the incorporated city or
town upon receipt of such registry lists, shall prepare one list for each
election precinct. He shall furnish a judge in each precinct with a
certified list of the qualified voters in each precinct as such lists are ob-
tained from the registry lists furnished such clerk of a city or town by
the county clerk. [L. 1890-91, eh. 17, § 12; R. S. 1899, § 400.]

§ 2297. Who entitled to vote. All persons who have registered either
during the registration period immediately preceding the said city or
town election, or who have registered less than two years before such
election during a regular registration period for county elections, and
who would be qualified at that time to vote at a county election in a pre-
cinct, shall be entiiled to vote at such city or town election in the precinct
in which they are registered; Provided, That such electors have been
actual residents of the incorporated city or town in which they offer to
vote for ten days next preceding the said city or town election. [Chapter
60, Session Laws, 1911.]

§ 2298. Where entitled to vote. Any elector who registered previous
to such city or town election shall be entitled to vote in any election pre-
cinct in which they are registered until the next regular period for
registration before a county election; Provided, That in county elections
they shall be actual residents of the county, and in municipal elections,
of the incorporated city or town in which they offer to vote. [L. 1890-91,
ch. 17, § 14; R. S. 1899, § 402.]

§ 2299. City to pay registry agents. The incorporated city or town
for which the registration provided for in this chapter is held, shall pay

ELECTION LAWS OP WYOMING, 1920. 103

the salary of the registration agents, and all their fees and expenses for
services rendered in registering before such election, as provided by lavv^.
[L. 1890-91, ch. 17, § 15 ; R. S. 1899, § 403.]

§ 2300. Appointment of judges and clerks. The mayor or other
chief officer of an incorporated city or town in which a municipal election
is held, shall, by and with the advice of its council or trustees, appoint the
judges and clerks of election for such election, under the same restrictions
and (lualifications, as those required for regular elections. [L, 1890-91,
ch. 17, § 16; R. S. 1899, § 404.]

§ 2301. City to pay judges and clerks. The incorporated city or
town appointing such judges and clerks shall pay their salary and ex-
penses at the same rate as prescribed by law for similar duties in regular
county elections. [L. 1890-91, ch. 17, § 17; R. S. 1899, § 405.]

§ 2302. Application of general election law. The provisions of law
for general elections shall apply as far as possible to the registration
and election. Whenever the procedure of conducting municipal elections
is not fully provided for by law, it may be supplemented by ordinance
of the incorporated city or town, in which an election is held, and the
canvass and return of such elections -shall be prescribed by the ordinances
of such incorporated cities or towns. [L. 1890-91, ch. 17, § 18; R. S.
1899, § 406.]

For other laws relating to municipal elections, see pages 17-39.

CHAPTER 155.

ELECTION OFFENSES.

§ 2303. Election oflftcers failing to perform duty. Any registry
agent, judge or clerk of election, or any other election officer, or any other
officer or person upon whom any duty is imposed by the election laws
of this state, who shall wilfully neglect or omit to perform any duties
so imposed, shall be fined not more than two thousand dollars and not
less than one hundred dollars or imprisoned in the penitentiary not more
than five years, or both. [L. 1890, ch. 80, § 165 ; R. S. 1899, § 407.]

§ 2304. Doing prohibited act. Any registry agent or judge or clerk
of election, or any other election officer, or any officer or person, who shall
do or perform any act or acts prohibited by the election laws of this
state, shall be fined not more than two thousand dollars and not less
than one hundred dollars, or be imprisoned in the penitentiary not more
than five years, or both. [L. 1890, ch. 80, § 165 ; R. S. 1899, § 408.]

§ 2305. Mutilating registry and poll books. Any person who shall
mutilate or erase any name, figure or word in any poll book, taken or kept
at any election; or shall take away any such poll "book from the place
where it has been deposited for safe keeping with intent to destroy, muti-
late, change or injure the same, or to procure or prevent the election of
any person ; or shall destroy any poll book kept at any election, shall be
fined not more than five hundred dollars, and imprisoned in the county
jail, not more than one year. [L. 1890, ch. 80, § 166; R. S. 1899, § 409.]

§ 2306. Penalty for corrupt swearing before registry agent. All;
wilful, corrupt and false swearing or affirming before any registry agent
shall be the crime of perjury and shall be punished as such. [L. 1890, ch.
80, § 167; R. S. 1899, § 410.]

104 ELECTION LAWS OF WYOMING, 1920.

§ 2307. Penalty registration officers. Any registry agent or other
person who in any manner shall wilfully or corruptly permit any person
not entitled to registration or to a certificate of registration to be regis-
tered or have a certificate of registration, or who delays or fails to de-
liver the certified copies of the official register and check list to the judges
of election as required by law, or who permits any person to register after
the date on which the registration books close, or who shall otherwise or
wilfully or corruptly violate any of the provisions of law relating to elec-
tions, the penalty for which is not otherwise specially prescribed, shall be
punished for each and every offense by imprisonment in the penitentiary
for a term of not less than one year nor more than five years, or by a fine
of not less than one hundred nor more than two thousand dollars, or by
both. [L. 1890, ch. 80, § 168; R. S. 1899, § 411.]

§ 2308. Penalty for false registration. Any person who shall wil-
fully cause or endeavor to cause his name to be registered in any other
election district than that in which he resides or will reside prior to the
day of the next ensuing election, except as herein otherwise provided,
and any person who shall cause or endeavor to cause his name to be reg-
istered, knownig that he is not a qualified elector and will not be a quali-
fied elector on or before the day of the next ensuing election, in the elec-
tion district in which he causes or endeavors to cause such registry to be
made, and any person who shall induce aid or abet any one in the com-
mission of either of the acts in this section enumerated and described,
shall be fined not less than fifty dollars nor more than five hundred dol-
lars, or be confined in the county jail for not less than one month nor more
than six months, or both. [L. 1890, ch. 80, § 169; R. S. 1899, § 412.]

§ 2309. Penalty — Defacing registry lists. Any person who shall take
down, tear down or deface any officially posted registry list, shall be guilty
of a misdemeanor, and shall be punished by a fine of one hundred dollars,
or by imprisonment in the county jail for a period of not less than thirty
days or more than ninety days, or by both. [L. 1890, ch. 80, § 169 ; R. S.
1899, § 413.]

§ 2310. Penalty — Certificate of nomination — Ballots. Any person
who shall falsely make or wilfully deface or destroy any certificate of
nomination or nomination paper, or any part thereof, or any letter of
withdrawal or sign any such certificate or paper contrary to the provisions
of the election laws of this state, or who shall file any certificate of nom-
ination or nomination paper or letter of withdrawal, knowing the same or
any part thereof to be falsely made, or who shall suppress any certificate
of nomination or nomination paper, or any part thereof, which has been
duly filed, or who shall forge or falsely make the official endorsement on
any ballot, or who shall wilfully destroy or. deface any ballot, or who
shall wilfully delay the delivery of any ballots, shall be fined not exceed-
ing one thousand dollars or be imprisoned in the county jail not more than
one year, or both. [L. 1890, ch. 80, § 170; R. S. 1899, § 414.]

§ 2311. Penalty — Interfering with election conveniences — Prevent-
ing others voting. Any person who shall, prior to an election, wilfully
deface or destroy any list of candidates posted in accordance with the
provisions of the election laws, or who, during an election, shall wilfully
deface, tear down, remove or destroy any of the supplies or conveniences
furnished to enable an elector to prepare his ballot, or who shall wilfully
hinder the voting of others, shall be fined not less than twenty-five dol-

ELECTION LAWS OF WYOMING, 1920. 105

lars nor more than one hundred dollars. [L. 1890, ch. 80, § 171 • R S
1899, § 415.]

§ 2312. Penalty — Putting placards in booths for electioneering pur-
poses. Any person or officer of election who shall put or permit to be
put into a voting booth any placard, notice or device except the sample
ballots and cards of instruction as provided by law, intended or likely
to call the attention of the voter to any candidate, or to urge the voter to
vote for any particular candidate, or shall put or allow anything to be
put into such booths for the use or comfort of the voter whereby the
claims of any candidate are urged upon the voter, either directly or in-
directly, shall be imprisoned in the county jail not to exceed three months,
or fined not to exceed five hundred dollars, or both. [L. 1890, ch. 80 §
172; R. S. 1899, § 416.]

§ 2313. Penalty — False swearing concerning qualifications or in-
capacity to vote. Any person who declares or swears falsely concerning
his incapacity to vote at any election without the aid of an election
officer, or who swears falsely concering the qualifications of any person
offering to vote, shall be imprisoned in the county jail not to exceed six
months, or be fined not to exceed five hundred dollars, or both. [L. 1890,
ch. 80, § 173 ;R. S. 1899, § 417.]

§ 2314. Penalty — Use of intoxicants by officers of election. Any

person introducing in any way, upon election day, or during the counting
of the ballots, into any place where an election is held, any spirituous or
malt liquor, and any judge or clerk of election drinking any such liquor
in such place, or being intoxicated therein during such election or count-
ing, shall be imprisoned in the county jail not exceeding six months, or
be fined not exceeding five hundred dollars, or both. [L. 1890, ch. 80.
§ 175; R. S. 1899, § 418.]

§ 2315. Unlawful voting at primaries. Whoever shall vote at any
primary meeting or at any caucus or public meeting of qualified voters
of any county, district, city or town or ward of a city, or precinct, or of
any specified party or portion of such voters, for the nomination of any
candidate or candidates to be supported at any state, general, county,
district, municipal or town election, or for the selection of delegates to
any political convention, or for the appointment of any political commit-
tee, not being a legal voter in the county, city, town or ward of the city
or precinct, as the case may be, in and for which said meeting is held, or
whoever shall so vote being a legal voter, but not being included in the
terms of the call under which such meetings are held, or whoever shall
vote or attempt to vote under any name not his own; or whoever shall
vote or attempt to vote more than once at one balloting, or whoever
knowingly shall cast or attempt to cast more than one ballot at one time
of balloting or more than the number of separate ballots allowed to each
voter if more than one ballot is allowed to be cast, or whoever shall give
or offer to give, directly or indirectly, to any voter or any person who
votes at such meeting anything of value or any reward or promise or
hope of reward to influence the vote or ballot of such voter or secure the
influence of such voter, or whoever shall receive anything of value as a
reward for his vote or ballot or influence at any such meeting, or whoever
shall make any false oath upon being challenged at any such meeting,
shall be fined not more than fifty dollars, or imprisoned in the county
jail not more than three months, or both. [L. 1890-91, ch. 32, § 4; R. S.
1899, § 419; L. 1907, ch. 100, § 2.]

106 ELECTION LAWS OF WYOMING, 1920.

§ 2316. Misconduct of officers at primaries. Whoever, being an of
ficer appointed and acting at any such meeting, shall knowingly make a
false count of ballots or votes, or make a false statement or declaration- of
the result of a ballot or vote, or knowingly refuse to receive any ballot
cast by any person qualified to vote at such meeting, or shall wilfully alter,
deface or destroy any ballots cast or check lists used thereat, before the
time provided by law for the destruction of the same, or shall decline or
fail to receive any w^ritten request as provided by law, governing pri-
maries, or shall decline or fail to perform any duty or obligation imposed
by said law, shall be fined not more than fifty dollars, or imprisoned in
the county jail not more than three months, or both. [L. 1890-91, ch. 32,
§ 6; R. S. 1899, § 420.]

§ 2317. Misconduct of electors. Any person who shall solicit, re-
quest, demand, take, accept, or receive, either directly or indirectly, from
any person any money, intoxicating liquor, or other thing of value or
the promise thereof, either to influence his vote, or to be used, or under
the pretenses of being used, to secure the vote of any person or persons,
or to be used at any poll, or other place prior to, or on the day of any
election, for or against any candidate, shall be deemed guilty of a mis-
demeanor, and upon conviction thereof, shall be subject to a fine of not
less than one hundred dollars nor more than one thousand dollars, or
imprisonment in the county jail not less than three months nor more than
one year, or both, at the discretion of the court, and shall pay the costs
of prosecution and stand committed to the county jail until such costs
are fully paid. [L. 1909, ch. 56, § 1.]

§ 2318. Corrupt practice. Any candidate, or other person, who shall
pay, furnish, or give, or who shall promise to pay, furnish, or give any
money, intoxicating liquor or other thing of value, to any person or per-
sons, either to influence such person or persons to vote for or against any
candidate, or to be used by the receiver of such money, intoxicating liquor,
or other thing of value to influence or procure the vote of any other person
or persons for or against any candidate, or to be used at any polling or
other place prior to or on the day of any election for or against any candi-
date, shall be guilty of a misdemeanor, and shall, upon conviction there-
of in any court of competent jurisdiction, be fined not less than one hun-
dred dollars nor more than one thousand dollars, or shall be imprisoned
in the county jail not less than three months nor more than one year, or
both, at the discretion of the court, and shall pay all costs of prosecution
and stand committed to the county jail until such costs are fully paid;
Provided, however, That contributions by any candidate toward defray-
ing the expenses of hall rent, music, or any other legitimate campaign ex-
penses, shall not be subject to the provisions of this section. Prosecutions
under this act may be had by indictment in the district court, or by in-
formation therein. [L. 1909, ch. 56, § 2.]

§ 2319. Conveyances at polls. It shall be unlawful to furnish or
engage, to pay any money or property for the purpose of procuring the
attendance of voters at the polls by any form of conveyance or otherwise,
or for the purpose of compensating any person for procuring the attend-
ance of voters at the polls except for the conveyance of voters who are
sick or infirm, and any person or persons violating any of the provisions of
this section shall on conviction thereof be fined not to exceed two hundred
dollars; Provided, That this shall only apply to incorporated cities and
towns. [L. 1909, ch. 56, § 3.]

ELECTION LAWS OF WYOMING, 1920. 107

CORRUPT PRACTICES.

[Chapter 41, Session Laws, 1911; Sec. 2 as amended by Chapter 41,
Session Laws, 1915. Sees. 17 to 23 Repealed; Sec. 1, Chapter 36,
Session Laws, 1919.]

Section 1. Amount of expenses limited. No sums of money shall be
paid and no expenses authorized or incurred by or on behalf of any candi-
date for office, including senators of the United States, as follows: In
his campaign for nomination to any public office or position in or from
this state in excess of twenty per cent (20%) of one year's compensation
or salary of the office for which he is a candidate; in his campaign for
election to any office in this state in excess of twenty per cent (20%) of
one year's salary or compensation of the office to which he seeks to be
elected ; Provided, That no candidate shall be restricted to less than one
hundred dollars ($100.00) in each of such campaigns, and Provided, fur-
ther. That the foregoing shall not apply to traveling expenses nor to ex-
penses hereafter specially provided for.

Sec. 2. Itemized statements by candidates. Every candidate for any
office to be voted at any primary, municipal or general election shall,
within twenty days after the holding of such primary, municipal or gen-
eral election, file a true, correct, detailed, sworn statement showing each
and all sums of money or other things of value disbursed, expended or
promised directly or indirectly by him and to the best of his knowledge
and belief by any other person or persons in his behalf for the purpose of
aiding or securing his nomination or election. If the person be a candi-
date for municipal or county office, such statement shall be filed with the
county clerk; if for a state office, or any other office to be voted for by
the electors of more than one county, such statement shall be filed with
the secretary of state. Such statement shall show the dates, amounts and
from whom such sums of money or other things of value were received;
and the dates, amounts, purposes and to whom paid or disbursed, and
shall include the assessment of any person, committee, or organization in
charge of the campaign of such candidate. No statement shall be required
of any person who is not a candidate, but who has been nominated or
elected by electors writing his name on the ballot, unless he shall accept
such nomination or election, in which event such statement shall be filed
before his name shall be printed upon the election ballot, or before he
shall qualify for such office. [Chapter 41, Session Laws, 1915.]

Sec. 3. Statements by committee chairman. The chairman of each
party central committee for the state, district or county, shall file a state-
ment of receipts and expenditures within twenty days after the general
election. The chairman of state and district central committees shall file
said statements with the secretary of state; and the chairman of county
central committees, with the county clerk. Such statements shall contain
all the information required to be filed by candidates as set forth in Sec-
tion two (2) of this act, and, in addition thereto shall state the amounts
or balances remaining on hand. The person filing the same shall make
oath that it is a full, true and correct statement.

Sec. 4. Statements by other persons — [Receipts — Amounts greater
than $50]. Every person receiving or expending money or incurring
liability by authority or in behalf of or to promte the success or defeat
of any candidate or other person or political party or any organization.

108 ELECTION LAWS OF WYOMING, 1920.

shall on demand and in any event within twenty days after such receipt,
expenditure or incurrence of liability, give such candidate or other person,
or the treasurer of the political party or any organization on whose be-
half such expense or liability was incurred, detailed account thereof, with
proper vouchers. Every payment made in connection with political af-
fairs, as herein contemplated, except payments less in the aggregate than
five dollars to any person, shall be vouched for by a receipted bill stating
the particulars of expense. Every voucher, receipt and account hereby
required shall be a part of the accounts and files of such treasurer, candi-
date or other person, and shall be filed with the proper public officer men-
tioned in the preceding sections at the time of the filing of the statements,
as provided in the two preceding sections. If the amount or value re-
ceived or expended by any person, as aforesaid, is greater than fifty dol-
lars, such person shall file the itemized account thereof, giving the names,
from whom such money or value is received and to whom paid, with re-
ceipts or payments attached, as aforesaid, directly with the proper public
officer, with whom the same is otherwise to be filed by any candidate or
chairman of a political committee or organization, within twenty days
after the election in or in connection with which said money or value
was expended.

Sec. 5. Statements public. The statements provided for in this act
shall be open at all times to the inspection of the public, and remain on
file and become a part of the permanent records in the office where filed.

Sec. 6. Inspection by officers. The several officers with whom state-
ments are required to be filed shall inspect all statements of accounts and
expenses relating to nominations and elections filed with them within ten
days after the same are filed; and if, upon examination, it appears that
any person has failed to file a statement as required by law, or, if it ap-
pears to any such officer that the statement filed with him does not con-
form to law, or upon complaint in writing by a voter that a statement
filed does not conform to law, or to the truth, or that any person has
failed to file a statement which he is by law required to file, said officer
shall forthwith, in writing, notify the delinquent person.

Sec. 7. Action by prosecutor. Upon the failure of any person to file
a statement within ten days after receiving notice under the preceding
section, or if any statement filed as above discloses any violation of any
provision of this act relating to corrupt practices in elections, or in any
other provision of the election laws, the secretary of state, the county
clerk, or the city clerk, as the case may be, shall forthwith notify the
county and prosecuting attorney of the county where said violation oc-
curred, and shall furnish him with copies of all papers relating thereto,
and said county and prosecuting attorney shall, in the name of the state,
forthwith institute such proceedings as may be appropriate to the facts.

Sec. 8. True record to be kept. Every political committee or or-
ganization shall have a treasurer who shall be a voter in this state, and
such committee and the treasurer thereof, and other person receiving or
expending money for political purposes of more than fifty dollars in
money value, shall keep a true and correct book account thereof. No per-
son shall make a payment of his own money or of another person's money
to any other person in connection with a nomination or election in any
other name than that of the person who in truth supplies the money ; nor
shall any person knowingly receive such payment or enter or cause the

ELECTION LAWS OF WYOMING, 1920. 109

same to be entered in his accounts or records in another name than that
of the person by whom it was actually furnished ; Provided, If the money
be received from the treasurer of any political organization it shall be
sufficient to enter the same as received from said treasurer.

Sec. 9. Services for hire prohibited. No person shall agree to per-
form any services in the interest of any candidate for office or any politi-
cal committee or organization in consideration of any money or other
valuable thing, or shall accept any money or other valuable thing for such
service performed in the interest of any candidate or any political com-
mittee or organization, and no person shall pay or offer to pay or give or
offer to give money or other valuable things for such services. Nothing
herein shall be construed to prohibit any person from making contracts
in good faith for the announcement of his candidacy in the newspapers,
and for the securing of names of voters required to file preliminary nomi-
nation papers and the payment of any reasonable compensation for such
services.

Nor shall any provision of this act be construed as relating to the
rendering of services by speakers, writers, publishers, or others, for which
no compensation is asked or given; nor to prohibit expenditure by com-
mittees of political parties or organizations for public speakers, music,
halls, lights, literature, advertising, office rent, printing, postage, clerk
hire, challengers or watchers at the polls, traveling expenses, telegraph-
ing, telephoning, or the making of poll lists.

Sec. 10. Corporation contributions prohibited. No corporation shall
pay or contribute in order to aid, promote or prevent, the nomination or
election of any person, or in order to aid or promote the interests, success
or defeat of any political party or organization. No person shall solicit
or receive such payment or contribution from such corporation.

Sec. 11. Failure to file statements. The name of a candidate chosen
at a primary nominating election or otherwise, shall not be printed on the
official ballot for the ensuing election unless there has been filed by or on
behalf of said candidate the statements of accounts and expenses relating
to nominations required by this act, but delay in making any such state-
ment beyond the time prescribed shall not preclude its acceptance or pre-
vent the insertion of the name on the ballot if there is reasonable time
therefor after the receipt of such statments. Any such vacancy on the
ballot shall be filled by the proper committee of his political party in the
manner authorized by law, but not by the use of the name of the candi-
date who failed to file such statements. No person shall receive a certifi-
cate of election until he shall have filed the statements required by this
act.

Sec. 12. Actions in court. The circuit court of the county in which
any statement of accounts and expenses relating to nominations and elec-
tions should be filed, unless herein otherwise provided, shall have ex-
clusive original jurisdiction of all violations of this act, and may compel
any person who fails to file such a statement as required by this act, or
who files a statement which does not conform to the provisions of this act
in respect to its truth, sufficiently in detail, or otherwise, to file a sufficient
statement, and may declare void the selection or election of any candi-
date or person at any primary or general election, for violation by such
person of any provisions of this act, upon the application of the county
and prosecuting attorney, or any voter; Provided, however, That the

110 ELECTION LAWS OF WYOMING, 1920.

petition therefor shall be filed within sixty days after the election, pri-
mary or general, at or in connection with which the violations occurred;
Provided, further, That in such action all trivial charges shall be disre-
garded, and the violations shall appear to have been knowingly and wil-
ful; and. Provided, further, That this section shall not be construed to
apply to any contest before the legislature.

Sec. 13. Actions — Vacancy. It shall be the duty of the county and
prosecuting attorney who has received information of the violations of
any provisions of this act, which are to be prosecuted in his county, to
commence an action or prosecution therefor. And any action brought
under this act shall have preference on the docket of any court of the
state in which the same shall be pending over all other civil actions what-
ever. Any vacancy occurring in any position or office by the judgment
of any court, as herein contemplated, shall be filled as other vacancies in
other position or office.

Sec. 14. Incrimination of witnesses. In prosecutions under this act,
no witness shall be excused from giving testimony on the ground that his
testimony would tend to render him criminally liable or expose him to
public ignominy, but any matter so elicited shall not he used against him,
and said witnesses shall not be prosecuted for any crime connected with
or growing out of the act on which the prosecution is based in the cause in
which his evidence is used for the state, under the provisions of this
section.

Sec. 15. Penalties. Any person violating any provisions of this act
or failing to perform the duty herein upon him enjoined, at the time and
in the manner herein specified, or who wilfully makes any false entries
in the books herein provided to be kept, or who wilfully makes any false
statements in the accounts and statements herein required to be filed, shall
be deemed guilty of misdemeanor, and, upon conviction thereof, shall be
punished by a fine of not more than one thousand dollars, or imprisonment
in the county jail of not more than one year, or by both such fine and im-
prisonment.

Sec. 16. Political committee defined. The terms "political commit-
tee" and ''political party" shall apply to every combination of two or
more persons who shall aid or promote the success or defeat of a candi-
date, or a political party or principle, and the provisions of law relating
thereto shall apply to any firm or partnership, to any corporation, and
to any club, organization, association, or other combination of persons,
whether incorporated or not, with similar purposes, whether primary or
incidental.

§ 3431. Unlawful to discharge employe — When. Any company, cor-
portion or individual, who shall discharge or cause to leave his or her
or their employ, temporarily or permanently, any person or persons be-
cause they have been nominated as a candidate for any position of honor,
trust or emolument, to be voted for at any election held in pursuance of
the laws of this state ; or any person, agent or officer of any company or
corporation who shall cause or attempt to cause any person or persons
nominated as candidates at any election, to withdraw or refrain from ac-
cepting such nomination by threatening loss of employment, business or
patronage, if they accept such candidacy, or shall make it a condition of
employment, business or patronage, that such candidacy shall not be ac-

ELECTION LAWS OF WYOMING, 1920. Ill

cepted, shall be guilty of a misdemeanor and shall be fined not less than
one hundred dollars nor more than five hundred dollars. [L. 1893 eh 9 •
R. S. 1899, § 2523.]

§ 5979. Saloons shall be closed on Sunday and election day. Every
person or persons, company or corporation, having license to sell liquors
under the laws of Wyoming, who shall keep open, or suffer his or their
agent or employe to keep open, his or their place of business, or who shall
sell, give away or dispose of or permit another to sell, give away or dis-
pose of, on his or their premises, any spirituous, malt, vinous or fermented
liquors, or any mixtures of any such liquors, on the first day of the week,
commonly called Sunday, or upon any day upon which any general or
special election is being held, shall be guilty of a misdemeanor, and upon
conviction, shall be fined in any sum not less than twenty-five dollars, or
more than one hundred dollars, or imprisoned in the county jail not to
exceed three months. [L. 1888, ch. 86, § 1 ; R. S. 1899, § 2643.]

§ 6030. Felon disfranchised. A person sentenced to the penitentiary
for a felony, when sentence has not been reversed or annulled, is incom-
petent to be an elector or juror, or to hold any office of honor, trust or
profit within this state, unless he shall have received a pardon; but no
pardon shall release a convict from the costs of his conviction unless so
stated therein. [L. 1890, ch. 73, § 4; R. S. 1899, § 5192.]

§ 6173. Sufficiency of indictment for election offense. When any
offense shall be committed in relation to any election, an indictment for
such offense shall be deemed sufficient if it allege that such election was
authorized by law, without stating the names of the officers holding the
election, or the persons voted for, or the offices to be filled at such election.
[R. S. 1887, § 3252 ; R. S. 1899, § 5309.]

§ 3581. Legal holidays. * * * All days upon which general elec-
tions are held * * * are hereby declared legal holidays in and for the
state of Wyoming.

CONSTITUTIONAL AMENDMENTS.

§ 3594. Official ballots. The manner of submitting and voting upon
any proposed constitutional amendment or amendments shall be as fol-
lows:

First — Separate official ballots for that purpose shall be prepared
each of which shall include all proposed amendments to be submitted at
such election, and no other question. Said ballots shall be prepared and
distributed to the proper election officer or officers by the county clerk of
each county at the expense of the county at the same time and under the
same regulations as to number, color and quality of paper as in the case
of regular official ballots containing the names of candidates for public
office. At the top of the ballot shall be printed "Proposed Constitutional
Amendments — Official Ballot." If there shall be more than one proposed
amendment to be submitted at any election they shall be placed upon the
ballot in the order of their number and in such a manner that the electors
may vote for or against each of them separately as required by § 2 of
Art. XX of the constitution. It shall not be necessary to print any pro-
posed amendment in full upon the ballot, but it shall be sufficient to refer
to it by its number and the brief statement of its subject or subjects in-

112 ELECTION LAWS OP WYOMING, 1920.

dorsed upon it by the secretary of state. The language of the submission
of any such amendment on such ballot shall be substantially as follows :

"Proposed constitutional amendment, number , relating to

(stating the number and subject). (Yes )

(No )"

Second — The elector shall designate by a cross opposite the word
'^es" or "no," how he desires to vote. A cross after the word "yes"
shall be counted and recorded as a vote in favor of the amendment, and
a cross after the word "no" shall be counted and recorded as a vote
against the amendment.

Third — It shall be the duty of the county clerk of each county to
provide a separate ballot box for each voting precinct in the county in
which shall be deposited the ballots provided fOr in this section, and such
ballot boxes shall be provided and delivered at the expense of the county
in the same manner and at the same time as the regular ballot boxes are
required to be provided and delivered.

Fourth — The separate official ballots provided for shall be stamped
and indorsed by the proper election officer or officers before being de-
livered to the voters in the manner provided by law in the case of ballots
containing the names of candidates for public office; and it shall be the
duty of the proper election officer or officers when delivering to each
qualified voter the regular official ballot containing the names of candi-
dates to deliver to him or her one of the ballots herein provided for and
to see that the same is returned by such voter and deposited in a separate
ballot box provided for that purpose.

Fifth — The regulations provided by law in case of ballots containing
the names of candidates for instructing and assisting voters should so far
as applicable apply to the ballots provided for in this section and the
votes cast by the electors upon proposed constitutional amendments, and
the provisions of law in force at the time relating to spoiled and unused
ballots shall apply to the ballots provided for in this section.

Sixth — The same poll books and tally sheets that are provided for
the use and returns of the judges and clerks of election in case of the
election of public officers may be used for making the returns of the
votes cast upon a proposed constitutional amendment or amendments,
and in such case it shall be the duty of the county clerk to cause such
poll books and tally sheets to be so prepared as to enable the election
officers to make full and complete returns upon the various amendments
submitted. The ballots cast upon the amendment or amendments shall
be returned by the judges of election to the county clerk separate from
the ballots containing the names of candidates, and in the same manner
as such last named ballots are required to be returned or delivered to
such clerk.

Seventh — In all other respects the provisions of law in force at the
time concerning the conduct of elections shall apply so far as applicable.
[L. 1895, ch. 49, § 6; R. S. 1899, § 2704; L. 1909, ch. 22, § 3.] .

§ 3595. Result of election — How determined. The result of every
such election, with reference to such proposed amendments, shall be de-
termined in all respects in the same manner as results are now, or may be
hereafter determined, according to law for state officers. [L. 1895, ch.
49, § 7;R. S. 1899, § 2705.]

state V. Brooks, 17 Wyo. 344, 99 Pac. 874.

Proposed Constitutional Amendments

NUMBER ONE.

An Act to submit to the qualified voters of the State of Wyoming an
Amendment to the Constitution of the State of Wyoming in relation
to the levy for city taxes.

Be It Enacted by the Legislature of the State of Wyoming.

Section 1. There shall be submitted to the qualified electors of the
State of Wyoming at the next general election, for their approval or
rejection, a proposition to amend Section 6 of Article 15 of the constitu-
tion, so that the same will read as hereinafter set forth. When ratified
by a majority of the electors voting at said election, the said amendment
shall be valid as a part of the constitution. Said amendment will cause
said section to read as follows :

* 'Section 6. City levy limited. No incorporated city or town shall levy
a tax to exceed fifteen mills on the dollar in any one year, except for the
payment of its public debt and the interest thereon." [S. J. R. No. 5,
1919.1

NUMBER TWO.

Be It Resolved, By the Legislature of the State of Wyoming, two-
thirds of all of the members of each of the two houses, voting separately,
concurring therein :

That the following amendment to Section 5 of Article 16 of the
constitution of the State of Wyoming, relating to limitation of municipal
debt, be submitted to the electors of the State of Wyoming, at the next
general election to be held in said state, as an amendment to the con-
stitution of the State of Wyoming, and which, if ratified by a majority
of the said electors, shall become a part of the constitution of said state,
and shall take the place of, and be known as Section 5 of Article 16
thereof, to-wit:

"Article XVI, Sec. 5. No city, town or village, or any sub-division
thereof, or any sub-division of any county of the State of Wyoming,
shall, in any manner, create any indebtedness exceeding 2 per centum on
the assessed value of the taxable property therein ; Provided, however,
That any city, town or village, may be authorized to create an additional
indebtedness, not exceeding 4 per centum on the assessed value of the
taxable property therein as shown by the last preceding general assess-
ment, for the purpose of building sewerage therein ; and Provided further,
That any school district may be authorized to create an additional in-
debtedness, not exceeding 4 per centum on the assessed value of the tax-
able property therein as shown by the last preceding general assessment,
for the purpose of the erection or enlargement of school buildings therein ;
debts contracted for supplying water to such city or town are expected
from the operation of this section." [S. J. R. No. 6, 1919.]

114 ELECTION LAWS OF WYOMING, 1920.

NUMBER THREE.

Be It Resolved, By the Legislature of the State of Wyoming, two-
thirds of all the members in each house, voting separately, concurring
therein.

That the following amendment of Article 16, Section 1, of the
constitution of the State of Wyoming, relating to public indebtedness,
be submitted to the electors of the State of Wyoming, at the next general
election, to be held in said state, as an amendment to the constituion of
the State of Wyoming, and which, if ratified by a mapority of said elec-
tors, shall become a part of the constitution of the said state, and take the
place of and be known as Article 16, Section 1, thereof- to-wit:

ARTICLE XVI.

LIMITATIONS OF STATE DEBT.

Section 1. The State of Wyoming shall not, in any manner create
any indebtedness exceeding one per centum of the assessed value of tax-
able propery in the state as shown by the last general assessment for
taxation preceding, except to suppress insurrection or to provide for
public defense or for the construction, improvement and maintenance
of public roads and highways. [H. J. R. No. 3, 1919.]

NUMBER FOUR.

Be It Resolved, By the Legislature of the State of Wyoming, two-
thirds of all members in each house, voting separately, concurring
therein.

That the following amendment of Section 3, Article 16, of the
constitution of the State of Wyoming, relating to public indebtedness,
be submitted to the electors of the State of Wyoming, at the next general
election, to be held in said state, as an amendment to the constituion of
the State of Wyoming, and which, if ratified by a majority of said elec-
tors, shall become a part of the constitution of said state, and take the
place of and be known as Section 3, Article 16 thereof, to-wit:

ARTICLE XVI.
LIMITATION OF COUNTY DEBT.

Section 3. No county in the State of Wyoming shall in any manner
create any indebtedness, exceeding two per centum of the assessed value of
taxable property in such county, as shown by the last general assessment,
preceding; Provided, however, that any county may bond in any sum
not exceeding seven per centum on the assessed value of the taxable
property in such county, as shown by the last general assessment for
taxation, for the purpose of constructing and maintaining bridges and
roads, of permanent nature. [H. J. R. No. 6, 1919.]

NUMBER FIVE.

Be It Resolved, By the Legislature of the State of Wyoming, two-
thirds of all members in each house, voting separately, concurring
therein.

ELECTION LAWS OF WYOMING, 1920. 115

That the following amendment of Section 2, Article 16, of the
constitution of the State of Wyoming, relating to public indebtedness,
be submitted to the electors of the State of Wyoming, at the next general
election, to be held in said state, as an amendment to the constitution of
the State of Wyoming, and which, if ratified by a majority of said elec-
tors, shall become a part of the constitution of said state, and take the
place of and be known as Section 2, Article 16 thereof, to-wit :

ARTICLE XVI.

PUBLIC INDEBTEDNESS.

Section 2. No debt in excess of taxes for the current year, shall in any
manner be created in the State of Wyoming, unless the proposition to
create such debt shall have been submitted to a vote of the people and
by them approved ; except to suppress insurrection or to provide for
public defense or for the construction and improvement of public roads
and highways; Provided, however. That no debt for the construction of
and improvement of public roads and highways shall be created in ex-
cess of three per centum on the assessed valuation of taxable property
in the State of Wyoming as shown by the last general assessment for tax-
ation, and. Provided further, That.no debt created by the state for the
purpose of constructing and improving public roads and highways shall
bear a greater rate of interest than five per centum per annum. [H. J. R.
No. 7, 1919.]

NUMBER SIX.

An Act to submit to the qualified voters of the State of Wyoming an
amendment to the constitution, to be known as Section 15 of Article
15, providing for the levying of a special tax on the live stock of
the state for the purpose of raising funds for stock inspection, stock
protection and providing for the appointment of stock inspectors.

Be It Enacted hy the Legislature of the State of Wyoming.

Section 1. The following constitutional amendment shall be sub-
mitted to the qualified electors of the State of Wyoming at the next gen-
eral election, for their approval or rejection, and when ratified by a
majority of the voters voting at said election the same shall be valid as a
part of the constitution, and shall be known as Section 15 of Article 15
to-wit :

"Section 15. It shall be lawful for the legislature to provide for a
special tax to be levied exclusively upon all the cattle, horses, mules and
asses of the state for the purpose of raising money to aid in stock in-
spection and stock protection. Such money raised by this taxation on
cattle, horses, mules and asses be expended by the Wyoming Stock
Growers Association and such money raised by this taxation on sheep and
goats to be expended by the State Board of Sheep Commissioners through
warrants issued by the state auditor, the inspectors to make such stock
inspection to be appointed by the governor with the advice and consent
of the president of the Wyoming Stock Growers Association." [Chap. 53,
S. L., 1919.]

INDEX

Sec. Page

Absent electors . 2093 43

AtTidavit of elector 2095 44

Affiadvit, mailed to county clerk 2096 45

Ballot, disposition of : 2098 46

Canvass 2097 45

Certificate of registration officer 2094 44

Amendments, constitutional —

Ballots 3594 111

Constitutional convention 3 10

How voted for 2 10

New constitution 4 10

Notice of submission 2136 52

Provision for 1 9

Result of election 3595 112

Submitted in 1920 113

Apportionment of representation 4 10

Ratios 2, 3 10

Assistance to voter 2223, 2224 90

Ballots —

Absentee voters 2098 46

Boxes 2195 85

Boxes inspected 2210 87

Delivery to judges 2185, 2186 80

Endorsement 2229,2231 91

Errors 2189, 2190 81

Limit for voter 2227 91

Lost replaced 2191 81

Number furnished . 2188 81

Official only cast 2187 80

Order of names l 84

Prepared by county clerk 2187 80

Preparation and casting 2232-2234 91, 92

Preserved six months 2240 94

Primary election 12—15 55—58

Printed at public expense 2181, 2182 80

Propositions submitted 2183 80

Rejected in canvass 2237 93

Removal from polls , 2228 91

Sample . 15 58

Specifications 1-10 81-83

Specifications, non-partisan judiciary 5 69

Specifications, county superintendent 5 71

Spoiled, returned 2227, 2230 91

Time of printing 2189 81

Unofficial as aid ^ 2233 92

Bonds —

Cities of first class 1740 27

Court house and jail 1100 14

Water 1870 40

118 ELECTION LAWS OF WYOMING, 1920.

Booths — Sec. Page

Contents of 2196 85

Number 2202 86

Placards' in 2312 105

Preparation of 2194, 2196 85

Unnecessary, when : 2211 87

Who may occupy — Time 2226 91

Bribery . 52 67

7 35
Canvass and returns (General election) —

Absent voters' ballots 2097, 2098 45, 46

Canvass of ballots 2235 92

Certificate to secretary of state 2245 95

County canvassing board 2243, 2244 94, 95

Delivery of records and returns 2239 93

Informality in delivery 2241 94

Messenger for returns 2242, 2246 94, 95

Record and certificate in duplicate 2236 92

Rejection of ballots 223 7 93

State canvassing board 2247 95

Tie vote 2265, 2266 98

Canvass and returns (Primary election) —

Abstract to secretary of state 29 63

Count and recount 26, 27 61, 62

County 28 62

State canvassing board 31 63

Tie vote 32 64

Certificate of election —

County 2243 94

Nomination fee a prerequisite 3 54

State 2247 95

Statement of expenditures must be filed 11 109

Certificate of nomination —

Convention 2122 49

Petition or certificate 2124-2128 50, 5l

Use of party name 46 66

Challenges —

By election officers 2220 90

Identifying oath 2218 89

In convention 2118 49

Indicated on poll lists 2219 90

In primary election 25 61

Oath of challenged elector 2217,2221 89,90

Of registered elector 2156, 2161 75, 76

Challenger inside polling place ' . 2205 S6

Cities and towns —

Ballots for municipal elections 2183, 2187 80

Cities of 3,500 to 5,000 1798 29

Cities of 10,000 30

Commission form s 1—21 31—39

Elections, municipal 2285-2302 101-103

• 1573-1579 24

First class cities 1628-1633 24-27

General election laws governing 2283, 2302 100, 103

General incorporation 1556—1564 21,22

ELECTION LAWS OF WYOMING, 1920. 119

Sec. Page

Incorporated cities and towns l565-lS7l 22—24

Judges of election ■ 2172 78

Officers bonds 1636 27

Primary elections 47 66

5 32

Second class cities 1769-1777 27-29

Special charter (Laramie, Rawlins) 1426, 1549 18-20

Special charter, reorganization 1—4 20, 21

Vacancy in council 1 30

Voters, list of 2279, 2294 100, 102

Water works franchise — Election 1811, 1812 30

Clerk of district court — Election 13 5

928 16

2091 42

Clerk of election. (See also Judges and Clerks.) —

Appointment, qualifications : 2173 78

Oath 2177 79

Poll list 2215 89

Poll list, primary election 16 58

Commission government for cities 1—21 31—39

Abandonment of 1—5 39, 40

Committees, party —

County, judicial and state 36 64

Defined 16 110

Powers and duties 37 65

Records kept 1 8 108

Special elections 48 67

Statements of expenditures by 3 107

Vacancies filled by 35 64

Conduct of elections 2192-2234 84-92

Congressional representation l 4

Constable —

Appointed by election judges 2208, 2209 87

Precincts 5l77 17

Constitutional amendments. (See Amendments.)

Constitutional provisions 3-10

Contests —

Appeal to supreme court 2270 98

County and other 2249,2257-2263 96,97

Election void 2269 98

Judgment of court 2268 98

Legislature 2248, 2250-2256 95-97

Questions submitted 2261 97

Tie vote 2264-2267 98

Trial of 2 7

Convention —

Ballot — taken, preserved 2117,2119 49

Called, how 2115 48

Certificate of nomination 2122 49

County and state 39-42 65, 66

Misconduct of officers at 2316 106

Nomination of candidates 2121 49

Officers of 2116 49

120 ELECTION LAWS OF WYOMING, 1920.

Sec. Page

Regulations 2120 49

Time of holding 45 66

Unlawful voting at 2315 105

Conveyances at rolls ._ 2319 106

Coroner, term 1276 16

Corrupt practice 23l8 106

Corrupt practices act 1-16 107-110

Corporation contributions prohibited 10 109

Counties —

Officers to be elected 5 9

2091 42

Officers qualify, when 1136 14

Organization of 2 8

1054-1060 13, 14

County and prosecuting attorney 1204 l5

County assessor — election, term 1260, 1261 16

County clerk —

Canvass and returns, general election 2243-2246 94, 95

Canvass returns, primary election 28 62

' Election of 1237 16

Furnish blank nomination papers 10 52

Furnish election supplies 2102 46

Furnish instruction cards 2213 87

Furnish primary election supplies 16 58

Furnish list of voters to city clerk 2279, 2294 100, 102

Furnish sample ballots, primary l5 58

Prepare ballots 2187, 2188 80, 81

Publish list of nominations 2138 ' 53

County commissioners —

Appoint registry agents 2144 72

Duties, special elections 2109-2111 47-48

Election, terms 1162 14

Establish election districts 2139-2143 72

Furnishes supplies for registry agents 2146 73

Notify judges of election 2192 84

Powers 1166 l5

Proclamation by 2099, 2100 46

Publication of election proceedings 2278 100

County superintendent of schools 1296 17

Ballots, general election 5 84

Non-partisan election 1-6 70—71

County treasurer — election and term 1181 15

Declination of nomination 2129 5l

Definitions, primary election law 49 67

Districts and precincts, election —

Establishment of 2139-2143 72

District judge. (See Judge of the district court.)

Educational qualification 9 6

Election, void, when 2269 98

Elections, general —

Conduct of 2192-2234 84-92

Constitutional provisions 11 7

1-9 7, 8

27 3

ELECTION LAWS OF WYOMING, 1920.

Sec.

Officers elected — time 2084-2102

Elections, municipal. (See Cities and towns.)
Elections, primary —

Age of voters 49

Ballots : 12-15

Candidates certified 11

Candidates nominated by 1

Canvass 28-30

Cities. 47

County superintendent of schools 1-4

Definitions 49

Electors 22, 23

Expenses 18

Fee 3, 6, 2

General law applicable . 17

Judges 18

Law, liberal construction SO

Manner of voting 19

Misconduct, bribery 5l, 52

Party affiliation 22, 24

Petition, nomination 3—10

Special elections excepted 48

Supplies 16

Tie vote 32

Time of holding 2

Time polls open . 20

Vacancies 35

Voting places ' 18

Elections, special —

General provisions 2103-2113

Primary law not applicable 48

Electors —

Absent from precinct 2093—2098

Disqualified persons 6

2275

6030

Equal rights 1

Exemption from military duty 4

Instructions for 2214

Intent of, in voting 7

2237

Misconduct of 2317

Primary election 22, 23

Privileged from arrest 3

2204

Qualifications 2, 5, 9, 10

Registration of 2144

2160

2169

.Residence not lost, when 7

Soldiers, non-residents 8

121

Page
41-46

55-58

62-63

70, 71

54, 68

59, 60

54, 55

.67

47, 48
67

43-46

111

106

6, 7

122

ELECTION LAWS OF WYOMING, 1920.

Sec.

Special elections 2113

Vote, where 2284

Vote for any one 2216

When not registered 2222

Who are (See also Qualifications) 2092

2113

Electors, presidential 243—247

2085

Employees —

Entitled to one hour — primary election 21

Unlawful to discharge, when 3431

Errors on ballots . 2189, 2190

On primary election ballots, etc 34

Expenditures, campaign —

Actions in court 7

12-14

Amount limited 1

Penalties 11

Records kept 8

Services for hire prohibited 9

Statements filed 2, 3, 4

Felons disfranchised 6030

Fees —

Nomination, state, county and precinct 3

Nomination, county superintendent 2

Nomination, judges 2

Governor —

Election of ^ 2088

Order special elections 2105', 2107, 2108

Qualifications 2

State canvassing board, present with 2247

Term, successor 87

Vacancies, power to fill 7

Holiday — Election day 3581

Initiative —

Commission government, cities 19

Instructions for voters 2213, 2214

Intoxicating liquors —

Solicited or accepted by voter 2317

Use of by election officers 2314

Irrigation districts

Judge of the district court —

Election 2090

Eligibility 12

27
Nomination, non-partisan 1-4

Judges, election. (See also Judges and clerks.) —

Absence of judge, proceedings invalid 2174

Appointment 2170

Appoint constable 2208, 2209

Page
48
100
89
90
43
48
12
41

110

108
109, 110
107
109
110
108
109
107
111

54
68
68

42
4

47
4

111

37
87, 89

106

105

68, 69

ELECTION LAWS OF WYOMING, 1920. 123

Sec. Page

Cities 2172 78

Endorse ballots 2229, 2231 91

Notice to 2192 84

Oath 2175,2176 78,79

Political qualification 2171 78

Term of office 2172 78

Unable to serve 2193 85

Vacancy 2174 78

Judges and clerks, election, (See also Judges, election, and
Clerks of election.) —

Assist voters 2223, 2224 90

Canvass and returns 2235—2242 92—94

Challenge unqualified voters 2220 90

Duties 2180 79

Inspect ballot boxes 2210 ' 87

Intoxicants, use of 2314 105

Municipal elections 2300 103

Pay 2178,2179 79

Proclaim opening and closing of polls 2207 S7

Registration by 2162-2166 76-77

Judicial department —

Constitutional provisions 4—27 5, 6

(See also under the various offices of the department.)

Judiciary, non-partisan —

Ballot, primary election 1, 3 68, 69

Ballot, general election 5 69

5 83

Petition, affidavit and fee 2 68

Voting, manner of 4 69

Justice of the peace —

Constitutional provision 22 5

Election 2091 42

Precincts 5177 17

Justice of the supreme court —

Election 4 5

5 69

2089 42

Eligibility * 8 5

27 6

Nomination 1—4 68, 69

Terms , 4 5

Vacancy 4 5

Laws, election —

Application 2271 99

2283 100

Construction, primary 50 67

Distributed 2281 lOO

Printed by secretary of state 43 66

2280 100

Legislative department. (See Senators and representatives.) —

Constitutional provisions 2, 4, 5, 8 3

124 ELECTION LAWS OF WYOMING, 1920.

Messenger — Sec. Page

For county returns 26 61

2242 94

For state returns 30 63

2246 95
Municipal. (See also Cities and towns.) —

Corporations 2, 4 9

Defined 2282 loo

Elections 2285-2302 101-103

Nominations —

Certified by secretary of state 2137 53

Certificate or petition 2123-2128 50, 51

City officers 1629 25

5 32

Convention 2114-2122 48,49

Declination 2129 5l

Direct primary 1-52 53-68

Lists published and posted 2138 53

Petition 2123-2128 5o, 5l

46 66

6 68

Substitutes certified 2133 52

Vacancies 2130-2132 5l, 52

35 65

Non-partisan county superintendent 1—6 70, 71

Non-partisan judiciary 1—5 68-70

Notice to judges 2192 84

Oath — Form required 2272 99

Official 8,^9 8

Offenses —

Agreement to serve candidate 6 34

Bribery 7 3 5

52 67

Ballots — Destroyed, defaced, delayed 2310 104

Certificate of nomination altered, destroyed 2310 104

Conveyance at polls 2319 106

Corrupt practice 2318 106

Corrupt practices act 1-23 107—110

Electioneering placards in booths ' 2312 105

Electors, misconduct of 2317 106

Failure to perform duty, election officers 2303 103

Illegal voting 52 67

Indictment 6173 ill

Interest in public utility 14 35

Interference 2311 104

Intoxicants, use of 2314 105

Misconduct, primary election 5l 67

Mutilating election records 2305 103

Misconduct of officers at primaries 2316 106

Prohibited act done 2304 103

Registration, false 2308 104

Registration officers, misconduct of 2307 104

Registry lists defaced ^ 2309 104

Rules governing elector 2214 88

ELECTION LAWS OF WYOMING, 1920.

125

Swearing falsely 2306

2313
Unlawful voting at primaries 23lS

Officers —

County and precinct, election 2091

Federal. (See Representative in congress, and Senator,
U. S.)

Hold over 4

Not provided for 6

Persons disqualified 7

2275

Qualifications 3

2273

Resignation 2276

State, election 2088

Party —

Affiliation 22-24

Committees 36-38

Conventions, county 39

Conventions, state 40—42

Defined 44

Excluded from primary 45

Name not to be used 46

Order on ballots 5

Petition —

Commission government, abandonment 2, 4

Commission government, adoption . 2

Initiative 19

Nomination certificate or petition 12123—2128

Nomination, county superintendent 2

Nomination, judiciary " 2

Nomination, primary election 3—10

Party names protected 46

Persons disqualified for nomination by 6

Recall 18

Referendum 20, 21

Poll books —

Disposition of 2239

How kept 2215

Mutilation of 2305

Primary election 16

Polling place —

Change of 2198, 2199

Not near saloon 2197

Provisions regarding 2200-2211

Precinct officers. (See Constable, Justice of the peace.)

Precincts, polling —

Change of 2142

Establishment 2140, 2141

Size 2143

Presidential electors —

Certificate of election 244

103
105
105

7
8

99
7
99
99
42

59, 60

64, 65
67
65

65, 66
66

110
66
66
82

39
31

50, 51

54, 55

38, 39

103

86, 87

72
72
72

Sec.

Page

247

245

243

2085

245

246

126 ELECTION LAWS OF WYOMING, 1920.

Compensation .

Convene, when

Election

Vacancy

Vote, when

Primary election. (See Elections, primary.)

Primary meeting defined 2114 48

Proclamation of election —

Issued

Posted and published

Primary election, cities

Purity of elections

Question submitted. (See also Amendments.) —

Contest

Notice of

Printed, how

Special election

Recall — Cities, commission form

Referendum — Cities, commission form

Registration —

Appointment of agents

Challenges

City election .

Clerks make lists, when

Election register, when and how kept

False

Hours

Judges ex-officio agents, when *__

Lists, certified to judges

Lists, copies made

Lists, correction of

Lists, disposition of

Lists, returned by judges

Municipal elections 2287

Notice posted

Oath of agent

Oath of applicant 2l5o

Oath of elector on election day

Pay of agents

Powers of agents

Prior, required

Proceedings public

Supplies

Time

Vacancy

Violation of laws by agents

Vote, only registered electors

2099

2100

2261

2136

2183

2108

20, 21

38, 39

2144

2156

2161

1629

2162

2167

2308

104

2151

2166

2159

2152

2156

2153

2163

-2293

101-103

2147

2145

, 2158

74, 75

2168

2164

2165

2144

2155

2148

2146

2147

2154

2165

2307

104

2160

2169

ELECTION LAWS OF WYOMING, 1920.

127

Who must register

Representative in congress —

Constitutional provision

Election 2084,

Special election

Vacancy .

Representatives in the state legislature. (See Senators and
representatives, state.)

Resignation of elective office

Road supervisor —

Counties divided

Election or appointment 2548,

Oath

Saloons —

Closed on election day

Polling places not to be near ^

School elections :

Secretary of state —

Certify candidates, primary, to county clerks

Certify candidates, general election

Certify questions

Certify substitute nominees

Election

Election laws, print .

Issue certificate of election, tie

Nomination

Nomination petition blanks, furnish

Notice of vacancy, member of congress

Notify county commissioners, officers to be elected

State canvassing board, primary

State canvassing board, general election

Term

Senators and representatives, state —

Apportionment

Disqualified for other office

Election

2084,

Qualification

Ratios

Special election

Terms

Vacancies

Senator, United States —

Election

Nomination

Nomination to fill vacancy

Vacancy, on primary ballot

Sec.

Pag?

2149

2157

2086

2105

2106

2276

2547

2549

16, 17

2551

5979

111

2197

2137

2136

2133

2088

2280

100

2266

2106

2101

2247

2086

2,3

2107

128 ELECTION LAWS OP WYOMING, 1920.

Sheriff — Sec. Page

Election 2091 42

Provide voting booths ., 2194 85

Term : 1212 iS

Soldiers, non-resident /- 8 6

State auditor —

Election 2088 41

Nomination 1 53

State canvassing board, primary 3 0 63

State canvassing board, general 2247 95

Term 11 4

State debt restricted 2 9

State treasurer —

Election 2088 42

Nomination l 53

State canvassing board, primary 30 63

State canvassing board, general 2247 95

Term 11 4

State superintendent of publiC' instruction —

Election 2088 42

Nomination 1 S3

Term 11 4

Stickers 2134, 2135 52

Suffrage —

Constitutional provisions 1-12 6, 7

Equal 1 6

2274 99

Superintendent of schools. (See County superintendent of
schools.)

Surveyor — ■

Election 2091 42

Term 1290 16

Tie vote —

General election 2264-2267 98

Primary election _. . . 32 64

Township organization 4 9

Vacancy —

City or town council l 30

Congress, representative in . 2lo5, 2106 47

Determined by whom 2112 48

How made 2277 99

Justice of supreme court 4 4

Less than 25 davs before election 2084 41

List of nominations 2130-2134 5l, 52

35 65

Registry agents 2165 76

State office 2087 41

State legislature 4 3

2107 47

United States senator 8 54

35 65

Presidential electors 245 12

Voter. (See Elector.)

Water works franchise — Election 1811, 1812 30

Woman suffrage —

Constitutional provision 1 6

Rights — .— 2274 99

14 DAY USE

RETURN TO DESK FROM WHICH BORROWED

LOAN DEPT.

This book is due on the last date stamped below, or

on the date to which renewed.

Renewed books are subject to immediate recall.

RENEWAI5; nkjiY

12-3405

gFP 5 ^9B^ »> 5

• RECD LD m

L -fip-lOPMl

LD 2lA-45m-9,'67
(H5067sl0)476B

General Library

University of California

Berkeley

VC 08768

ivil43094

THE UNIVERSITY OF CAUFORNIA LIBRARY

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Election laws of the state of Wyoming, 1920"

See other formats