Laws governing the initiative process in Wyoming
Laws and procedures
Citizens of Wyoming may initiate legislation as a state statute. Although the state does not provide for indirect initiatives, legislators may avert a ballot measure vote by passing substantially similar legislation. In Wyoming, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments. The Wyoming State Legislature, however, may place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote of each chamber.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
In Wyoming, each proposed measure must address only one subject expressed in its title.
See law: Wyoming Constitution, Article 3, Section 24 and Section 52(g) ; Wyoming Statutes, Title 22, Chapter 24, Section 304 and Wyoming NARAL v. Karpan
Subject restrictions
- See also: Subject restrictions (ballot measures)
In Wyoming, an initiated measure may not, "dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, enact local or special legislation, enact anything prohibited by the constitution for enactment by the legislature, or enact anything that is substantially the same as that defeated by an initiative election within five (5) years preceding the time of filing of the petition."
See law: Wyoming Constitution, Article 3, Section 52(g) and Wyoming Statutes, Title 22, Chapter 24, Section 301
Veto referendums on emergency legislation
In Wyoming, veto referendums cannot be used on emergency legislation. They may also not be used on legislation that dedicates revenue, makes appropriations, or to local or special legislation.
See law: Wyoming Constitution, Article 3, Section 52 (Initiative and Referendum)
Competing initiatives
Wyoming law does not address conflicting ballot measures. The law does, however, prevent the initiative power to be used to enact anything that was defeated at an initiative election within the last 5 years.
See law: Wyoming Constitution, Article 3, Section 52 and Wyoming Statutes, Title 22, Chapter 24
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition
- See also: Approved for circulation
Prior to circulation, proponents must submit the text of the measure and designate three registered Wyoming voters to represent the initiative campaign as sponsors. These three form the committee of applicants and represent initiative petitioners and sponsors. There is a $1,000 filing fee, which also applies for referendum petitions.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 302 and 402
Proposal review/approval
- See also: Approved for circulation
Along with the application, sponsors must submit a copy of the proposed law to the secretary of state for review. The initiative must be in the form required of bills introduced in the legislature and prescribed by W.S. 8-1-105. The secretary, legislative service office, and other executive departments may collaborate in reviewing the law. Once their review is complete, the secretary holds a conference with the sponsors to explain any requested revisions including suggested revisions and revisions required to comply with the form prescribed for the initiative and the application.
Sponsors must submit a final version to the secretary of state along with the secretary's comments and the signatures of 100 additional registered voters within 30 days after submitting a proposed bill. After the conference, sponsors have 5 days to decide whether to amend their proposal. The secretary of state may reject a final initiative version and prevent its circulation for the following reasons:
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See law: Wyoming Statutes, Title 22, Chapter 24, Section 304(C)
Fiscal review
- See also: Fiscal impact statement
If the secretary of state believes that the measure will have a fiscal impact on the state, a fiscal impact statement is also prepared during the review process. The estimate does not consider local finances and may be modified if sponsors provide evidence convincing the secretary that the estimate is in error. However, if in their final estimates the secretary and sponsors remain more than $25,000 apart, both estimates must be reflected on the ballot as a range.
See law: Wyoming Statutes, Title 22, Chapter 24, Section 309
Petition summary
- See also: Starting a petition
Once the final application has been submitted and accepted. The secretary of state prepares the petition form, drafting an impartial summary of the initiative and including the fiscal impact estimate. This summary, along with the text of the measure, is included on the petition form. Copies of the petition are also prepared by the secretary at the sponsor's expense. The petition also must include the following statement if the circulator responsible for the petition sheet is to be paid: "This circulator is being paid to solicit signatures for this ballot proposition."
See law: Wyoming Statutes, Title 22, Chapter 24, Section 310
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Wyoming signature requirements
The signature requirement in Wyoming is based on the number of votes cast in the state's most recent general election--held every two years. However, in most I&R states, the number of signatures required is based on gubernatorial elections--almost always held every four years. As a result of Wyoming's system, the number of signatures changes significantly every two years due to the fact that voter turnout for presidential elections is generally much higher than in mid-term elections.
More specifically, initiated state statutes and veto referendums require signatures equal to 15 percent of the total ballots cast in the previous general election. This is the highest ballot initiative signature requirement of any state, even considering requirements for initiating constitutional amendments. Citizen-initiated amendments are not allowed in Wyoming.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year.
| Year | Votes cast in most recent general election | Initiated statute/veto referendum |
|---|---|---|
| 2024 | 198,198 (2022 election) | 29,730 |
| 2022 | 278,503 (2020 election) | 41,776 |
| 2020 | 205,275 (2018 election) | 30,792 |
| 2018 | 258,788 (2016 election) | 38,818 |
| 2016 | 171,153 (2014 election) | 25,673 |
| 2014 | 250,701 (2012 election) | 37,606 |
| 2012 | 190,822 (2010 election) | 28,623 |
| 2010 | 256,035 (2008 election) | 38,406 |
| 2008 | 196,217 (2006 election) | 29,433 |
| 2006 | 245,789 (2004 election) | 36,899 |
| 2004 | 188,028 (2002 election) | 28,204 |
See law: Wyoming Constitution, Article 3, Section 52(c)
Distribution requirements
- See also: Distribution requirements
In Wyoming, signatures equal to 15 percent of the total number of voters in the preceding general election must be collected in each of 2/3 of the state's 23 counties. This requirement was established by Wyoming Amendment B in 1998. In 2008, another amendment, also called Amendment B, tried unsuccessfully to change the basis of this requirement to Wyoming State Senate districts.
See law: Wyoming Constitution, Article 3, Section 52(c)
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Wyoming, circulators are permitted to sign the petition that they are circulating.[5] Each initiative petition contains a mandatory circulator affidavit. According to Wyoming Statute 22-24-315, a circulator is not required to sign these affidavits before a public notary, however he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. Petitions can only be circulated by one of the original 100 sponsors or a individual designated and registered by the petition committee. Such designated circulators must be at least 18 years old and be U.S. Citizens. They need not be residents of the state.[6]
Once circulation is completed, the signatures are submitted to the secretary of state in accordance with Wyoming Statute 22-24-315.[6]
See law: Wyoming Statutes 22-24-306, 22-24-312 and 22-24-315
Pay-per-signature
- See also: Wyoming Senate File 49 (2015) and Pay-per-signature
Wyoming allows paying signature gatherers based on the number of signatures collected for initiatives but prohibits paying signature gatherers on a per-signature basis for veto referendums.
Senate File 49, approved in 2015, removed the pay-per-signature ban for initiative petition circulators but not veto referendum petition circulators.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 323 and 420
Out-of-state circulators
Wyoming does not require circulators to be a resident of Wyoming. Circulators must, however, be U.S. Citizens.
See law: Wyoming Statutes, Title 22, Chapter 24, Section 306
Badge requirements
- See also: Badge requirements
Wyoming requires that any petition circulated by a paid signature gatherer bear the following notice on each page in large, red letters: "This circulator is being paid to solicit signatures for this ballot proposition." In addition, Wyoming law requires the notice to be "prominently displayed and made visible to the petition signer by the circulator."
See law: Wyoming Statutes, Title 22, Chapter 24, Section 310
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. In Wyoming, petition sheets are prepared by the state and must be circulated in person.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 312 and 409
Deadlines for collection
Citizen initiatives:
As soon as petition sponsors have received the petition form from the state, they have 18 months to collect signatures and file their petitions. If sufficient signatures have been gathered, the measure is presented to voters at the next general election after a legislative session has convened and adjourned.
Veto referendum:
Sponsors of veto referendums have 90 days after the adjournment of the legislative session in which the targeted law was passed to circulate petitions.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 315 and 406
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
In Wyoming, petitioners must file their completed petition with the secretary of state, who counts and verifies each signature.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 316 and 413
Ballot title and summary
- See also: Ballot title
Once a petition has been found sufficient, the ballot language of the proposition is prepared. The summary and fiscal impact statements prepared upon initial filing are included in this language. Each measure also receives a generic title (Constitutional Amendment A, Constitutional Amendment B...).
If the measure concerns the investment of permanent state funds, the Wyoming Treasurer must prepare an estimate of the impact of the measure on state revenue. Like the earlier statement, if in their final estimates the Treasurer and sponsors are more than $25,000 apart, the range of estimates must be reflected in the estimate.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 317
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
All Wyoming measures require affirmative votes from a majority of those casting a ballot in the general election--not just of those casting a vote on the measure. This also applies to legislatively referred constitutional amendments.
See law: Wyoming Constitution, Article 3, Section 52(f)
Effective date
In Wyoming, approved measures take effect 90 days after the official certification of results by the secretary of state.
See law: Wyoming Constitution, Article 3, Section 52(f)
Litigation
- See also: Ballot measure lawsuit news
Any challenge to official decisions made during the initiative process may be brought in the District Court of Laramie County. Circulator residency challenges should be filed in the circuit court or district court of the county where the circulator was gathering signatures.
See law: Wyoming Statutes, Title 22, Chapter 24, Sections 312 and 409
Legislative alteration
- See also: Legislative alteration
The Wyoming State Legislature may not repeal an approved measure for two years after it takes effect. It may be amended at any time by a simple majority vote.
See law: Wyoming Constitution, Article 3, Section 52(f)
Re-attempting an initiative
Once a measure has been defeated at the ballot box, no measure "substantially the same" as the one defeated may be filed for verification within five years.
See law: Wyoming Constitution, Article 3, Section 52(d)
Funding an initiative campaign
Some of the notable features of Wyoming's campaign finance laws include:
- Wyoming treats groups in support or opposition of a ballot measure the same as other political action committees.
- Wyoming allows groups in support or opposition of a ballot measure to communicate its stance on behalf of a candidate or a state/local party organization.
- Individual contributors are limited to $25,000 over a two year period, while corporations, labor unions, party organizations, and other PAC's have no limits.
- Wyoming allows corporations and labor unions to donate to Political Action Committees in support or opposition of a ballot measure.
- Wyoming requires the first campaign finance report to be filed within 10 days of qualifying a ballot measure.
- Wyoming bans advertising agencies from charging more than the fair market value for placing advertisements.
State initiative law
Article 3 of the Wyoming Constitution addresses initiatives.
Title 22, Chapter 24 of the Wyoming Statutes governs initiatives.
- Note: Title 22, Chapter 24, was changed in 2015 by Senate File 49, which, effective immediately, repealed sections 101-125, replacing them with sections 301-323 and 401-420.
External links
- Wyoming Secretary of State, "Initiative and Referendum"
- Wyoming Secretary of State, "Initiative and Referendum Process Information" (Handbook)
- Wyoming Secretary of State, "Initiative and Referendum Summary Sheet" (Historical Measures)
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ No laws were found indicating otherwise by Ballotpedia staff, July 2013.
- ↑ 6.0 6.1 CaseText, "CHAPTER 24 - INITIATIVE AND REFERENDUM," accessed December 2, 2021
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State of Wyoming Cheyenne (capital) |
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| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
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Changes in the law
| Contents |
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| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Wyoming. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
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2021
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2020
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2019
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2018
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2017
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2016
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2016
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2015
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2014
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2013
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2012
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2011
No proposed changes were identified in 2011.
2010
The following bills were introduced in the Wyoming Legislature:
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State of Wyoming Cheyenne (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
