2010 Wyoming Statutes
Title 22 - Elections
Chapter 17 - Contests

CHAPTER 17 - CONTESTS

 

22-17-101. Right to contest elections; exception; grounds.

 

(a) A qualified elector may contest the right of a person declared elected to an office in the elector's county, municipality, district or precinct, other than the office of state legislator, United States president and vice-president and presidential elector, on the following grounds:

 

(i) Misconduct or material negligence of an election official which affected the result of the election;

 

(ii) The person whose election is contested is not eligible to hold the office;

 

(iii) The person whose election is contested offered to give a bribe to a voter or election official to procure his election;

 

(iv) Illegal votes were counted or legal votes were not counted;

 

(v) The person whose election is contested violated the provisions of W. S. 22-26-101 through 22-26-121.

 

22-17-102. Commencement by verified petition; contents.

 

(a) Election contests for all primary election offices and all general election offices other than state legislators, United States president and vice-president and presidential elector, may be commenced by the contestant filing with the clerk of the district court of the county, within fourteen (14) days after the results of the election have been certified by the canvassing board, a verified petition setting forth specifically:

 

(i) The name of the contestant and that he is a registered elector in the county, district or precinct in which the office is to be exercised;

 

(ii) The name of the person whose election is being contested;

 

(iii) The office;

 

(iv) The grounds for the contest.

 

22-17-103. Summons; conduct of suit.

 

Summons shall be issued against the person whose election is being contested and upon the election official responsible for conducting the election. The suit shall be conducted as a civil action and shall be considered for an expedited docket.

 

22-17-104. Judgment for costs.

 

If the proceedings in an election contest are dismissed for insufficiency, or want of prosecution, or if the election is confirmed by the court, judgment shall be rendered for costs against the party contesting the election and in favor of the party whose election was contested. If the election is annulled and set aside for grounds stated in W.S. 22-17-101(a)(ii), (iii) or (v), judgment for costs shall be rendered against the party whose election was contested and in favor of the party contesting the election. If the election is annulled and set aside for the grounds stated in W.S. 22-17-101(a)(i) or (iv), judgment and costs shall be rendered against the county.

 

22-17-105. Ballot propositions contestable; nature of action.

 

A ballot proposition which may by law be submitted to a vote of the people of a county, city or town, district, or other political subdivision may be contested by a petition of five (5) registered electors of the county, city or town, district or other political subdivision filed in the district court of the county not later than fifteen (15) days after the results of the election have been certified by the canvassing board. A ballot proposition contest is a civil action.

 

22-17-106. Grounds for contesting ballot propositions.

 

 

(a) A ballot proposition may be contested for any of the following reasons:

 

(i) Misconduct or material negligence of an election official which affected the result of the election;

 

(ii) The election result was influenced by a bribe;

 

(iii) Illegal votes were counted or legal votes were not counted.

 

22-17-107. Defense of contested ballot proposition.

 

(a) A contested ballot proposition shall be defended by the following officers:

 

(i) Statewide proposition - attorney general;

 

(ii) Countywide proposition - county attorney;

 

(iii) Municipal proposition - municipal attorney;

 

(iv) School or community college district or other special district proposition - the appropriate school board, community college board or special district governing body.

 

22-17-108. Court judgment in contests.

 

A judgment of the court in an election contest shall confirm or annul the election or declare elected a qualified candidate receiving the highest number of legal votes, or declare the result of the election on each contested ballot proposition. The election of a candidate receiving the highest number of legal votes but disqualified for any other legal reason shall be declared null and void and a vacancy will be declared to exist. For offices to be filled by more than one (1) candidate, the election shall not be declared null and void but the qualified candidates receiving the highest number of legal votes shall be declared elected.

 

22-17-109. Contesting election of state legislator; generally.

 

The election of a member of the state legislature may be contested by a registered elector of the legislator's county or district, upon any of the grounds specified by law for the contest of the election of other elected officials. The state senate and house of representatives respectively shall hear and determine contests of the election of their members. Each house is authorized to provide its own rules for resolving contests of its members.

 

22-17-110. Contesting election of state legislator; commencement.

 

A contest of the election of a member of the state legislature shall be commenced within thirty (30) days after his election has been certified by the state canvassing board by serving him personally or at his mailing address with a notice of intent to contest setting forth the grounds for the contest. A copy of that notice must be filed by the contestant with the secretary of state within thirty (30) days after the contested member's election has been certified by the state canvassing board.

 

22-17-111. Contesting election of state legislator; taking of depositions.

 

In a contest of the election of a member of the state legislature, depositions may be taken by either party after service of the notice of intent to contest. Depositions shall be taken as in a civil action and the officer taking depositions has the power to compel the attendance of witnesses and the production of papers, objects, and other evidence, by subpoena.

 

22-17-112. Contesting election of state legislator; handling of depositions by secretary of state; additional depositions.

 

 

(a) A copy of a notice to take a deposition with proof of service, and the deposition, shall be sealed and mailed to the secretary of state by the person requesting the deposition with an endorsement showing the names of the contesting parties, the legislative office contested, and the nature of the papers. The secretary of state shall then deliver each such sealed notice for deposition to the presiding officer of the branch of the legislature to which the contest relates on the first day of its session.

 

(b) Each house of the legislature may take additional depositions and subpoena and examine witnesses.

 

22-17-113. Contesting election of state legislator; legislative determination final.

 

A determination by either house of the legislature of the result of an election contest affecting one (1) of its members is final and conclusive and is not subject to judicial review.

 

22-17-114. Contesting election of president, vice-president or presidential elector.

 

The election of a United States president and vice-president candidate, or presidential elector, shall only be contested, presented to and tried before the Wyoming legislature under joint rules of the house of representatives and senate. Such a contest may be initiated by a Wyoming elector by filing notice with the legislature through the legislative service office no later than five (5) days after the election is certified by the state canvassing board. The contest shall only be brought on the grounds provided by W.S. 22-17-101(a)(i) or (iv). A determination of the contest by the legislature is final and conclusive and is not subject to judicial review.