Laws governing the initiative process in Wyoming
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Wyoming voters can create new state laws through the initiative process, but only indirectly. They cannot amend their constitution.
The Wyoming State Legislature passed a law in 1998 making it harder for initiatives to qualify for the ballot; since that time, no initiative sponsors have succeeded in navigating the state's complex and burdensome process.
How to begin the process
The first step for initiative proponents is to submit their application for an initiative to the Wyoming Secretary of State, along with $500. After the application is filed, the Secretary of State will hold a conference with the sponsors to discuss problems with the format or contents, fiscal impact to the state, and the initiative amendment process. The sponsor may then amend the initiative language. If the proposed bill will not be amended, the committee of sponsors shall submit the names, signatures, addresses and the date of signing of one hundred (100) qualified electors to act as sponsors supporting the application in its final form to the Secretary of State. If the application meets all constitutional and statutory requirements, the Secretary of State will certify the application as filed. If the application is denied, the Secretary of State will notify the committee in writing of the grounds for denial. Denial of certification is subject to judicial review if any aggrieved person files an application within 30 days of the notification.
Key features of process
Single-subject rule
Wyoming has a single-subject rule.
Deadlines
Initiative language can be filed at anytime. The signatures must be filed one day prior to the convening of the Wyoming State Legislature. The deadline for filing signatures for the 2008 November ballot is February 11, 2008.[1] See petition drive deadlines in 2008.
Signature requirements
The number of required signatures is tied to the number of votes in the last general election, which was 193,892 in 2006 [[1]]. The net number of signatures required is 15% of all votes cast in the last general election, or 29,433.[2] The maximum allowed circulation period is eighteen (18) months. See petition drive deadlines in 2008.
Distribution requirement
Wyoming has a distribution requirement: 15% of total votes cast in the last election from at least two-thirds of the state's 23 counties. With the passage of Wyoming Constitutional Amendment B (2008), the new requirement is 15% of votes cast in the last election from two-thirds of the state's thirty state senate districts.
The last time the distribution requirement changed in Wyoming was in 1998 when Wyoming Amendment B (1998) passed.
Signature verification process
The Secretary of State's office checks every signature to make sure they match a registered voter. The signatures are not matched to those on the voter registration cards.
Laws governing petition circulators
Residency
- Main article: Residency requirements for petition circulators
Wyoming has a residency requirement for petition circulators. However, the December 2008 decision of the Tenth Circuit in the case of Yes on Term Limits v. Savage could mean that Wyoming's residency law is unconstitutional.
Ban on pay-per-signature
In Wyoming, it is illegal to pay petition circulators on a per-signature basis. However, it is legal to pay circulators a salary. The exact wording of Wyoming Statute §22-24-125 is:
"A circulator of an initiative or a referendum petition or a person who causes the circulation of an initiative or a referendum petition may not receive payment for the collection of signatures if that payment is based upon the number of signatures collected. Nothing in this section prohibits a circulator of an initiative or a referendum petition or a person who causes the circulation of an initiative or a referendum petition from being paid a salary that is not based upon the number of signatures collected."[3]
See also: Laws governing petition circulators.
Determination of ballot title
Wyoming is one of several states where the ballot title is not determined until after the signatures have been collected and certified. The ballot title is drawn up by the Wyoming Secretary of State. The applicable rule says:[4]
Within 60 days after the filing of the petition, the Secretary of State will notify the committee of whether or not enough valid signatures had been obtained. If so, the Secretary of State will prepare a proposition and ballot title summarizing the proposed law.
Changes to law in 1998
After a majority (but not a double majority) of Wyoming voters approved the Wyoming Term Limits Initiative in 1996, the Wyoming State Legislature made it harder to qualify an initiative for the ballot by:
- Passing its ban on paying circulators by the signature.
- Imposing a distribution requirement.
Ann Robinson, a former member of the Wyoming State Legislature from district 58, says that the laws were changed after the near-success of the term limits measure in 1996 because the legislature "really wanted to make it impossible to do an initiative."[5]
External links
- State of Wyoming's official guide to the initiative process (PDF file) Last revised, May 2005.
- I & R Institute Wyoming
- Wyoming Secretary of State
- Wyoming Election Law
- Wikipedia Election Results (1)
References
- ↑ Wyoming petition deadlines 2008
- ↑ Wyoming 2008 initiative and referendum requirements
- ↑ Pay Per Signatures Blog
- ↑ Wyoming laws governing the initiative process from the Wyoming Secretary of State
- ↑ Casper Journal, "Voters to decide two constitutional amendments", October 17, 2008
