Wyoming Initiative and Referendum
Initiatives and Referendums Initiative is the power of the people to propose and enact legislation without action by the legislature. Definition info from http://definitions.uslegal.com/i/initiatives-and-referendums/ Date Initiative language can be submitted: Anytime Signatures are tied to vote of which office: Number of votes cast in last general election. Distribution Requirement: 15% of votes cast in at least 2/3 of the counties. Circulation period: 18 Months Single-subject restriction: Yes Legislative tampering: The legislature can repeal or amend an initiative by a majority vote at any time.
Law & Legal Definition
Referendum is the power of the people to approve or reject any act of the legislature, and also to approve or reject legislation that the legislature has referred to them.
At-A-Glance Tips
Ballot Qualifications & Schedule
Next general election: 2010
Number of votes cast in last general election (2008): 256,035
Net number of signatures required: 15% of all votes cast in the last general election (38,406)
Do circulators have to be residents: Yes
Date when signatures are due for certification: One day prior to the convening of the legislature.
Signature verification process:
petition to the actual signatures on the voter registration cards.
The above info is from http://www.citizensincharge.org/states/wyoming/ballot-qualifications-and-schedule, and
excerpted from the Initiative & Referendum Almanac by M. Dane Waters.
Wyoming Secretary of State’s Office
Link to WY SOS Initiative and Referendum page
Initiative & Referendum Process Information
Revised 01/2009
The following info is from http://soswy.state.wy.us/Elections/Docs/IRProcess.pdf.
Governance
Wyoming Constitution Article 3 Section 52 and various
Requirements
The initiative must be in bill form (W.S. 8-1-101 through 8-1-108). The bill must be on legal size paper, attached to the application form. The entire subject of the bill must be included in the title. The enacting clause must read: "Be it enacted by the people of the state of
Restrictions
The bill may not contain more than one subject. The bill may not dedicate revenues. The bill may not make or repeal appropriations. The bill may not create courts, define the jurisdiction of courts or prescribe their rules. The bill may not enact local or special legislation. The bill may not enact anything that is prohibited by the constitution. The bill may not be substantially the same as that defeated by an initiative election within the previous five years.
Committee
There must be a committee of three people who will be the main sponsors of the initiative. These committee members will be the contact people for the initiative, may be served with legal notices and will be responsible for statutory fees and costs.
Certification for Circulation
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 sponsors 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.
Petitions
The Secretary of State will develop the petition form which is the only form that may be circulated. The Secretary of State shall print and number the petitions for distribution, but the cost of petition preparation is the responsibility of the sponsors.
Circulation
Committee sponsors have 18 months from the initial date the petitions are delivered to the sponsors to file the petitions for verification. Petitions are to be circulated throughout the state only by a sponsor/circulator and only in person. The committee may designate additional circulators by giving written notice to the Secretary of State of those names and addresses. Sponsors/circulators will be required to submit an affidavit upon submission of each petition he/she circulated. The committee sponsors must submit registered voter signatures representing fifteen percent (15%) of those who voted in the preceding general election and fifteen percent (15%) of those resident in at least twothirds of Wyoming counties. Failure of a petition to qualify as of the filing date voids the
future use of all signatures. Circulators may not be paid based upon the number of signatures gathered nor shall a circulator pay or offer to pay any compensation to another person for that person's signature. Any person who signs a name other than his own or who knowingly signs his name more than once or who signs knowing that he is not a qualified registered voter or who makes a false affidavit or verification, upon conviction can be fined up to $1000 or imprisoned up to one year, or both.
Certification for the Ballot
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. The proposition will then be voted on in the first statewide election held more than 120 days after adjournment of the legislative session. If, before the election, substantially the same measure has been enacted the petition is void.
Enactment
The measure is enacted if it receives approval of more than 50% of those voting in the general election. Election results are certified by the State Canvassing Board. An initiated law becomes effective 90 days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its effective date. It may be amended at any time.
Additional Helpful Links for the Initiative and Referendum Process
http://www.freestateproject.org/archives/state_reports/initiative.php
http://history.howstuffworks.com/american-history/initiative-and-referendum.htm
http://www.ncsl.org/LegislaturesElections/ElectionsCampaigns/InitiativeReferendumandRecallOverview/tabid/16600/Default.aspx
