Chapter 20 - Constitutional Amendments

CHAPTER 20 - CONSTITUTIONAL AMENDMENTS

 

ARTICLE 1 - AMENDMENTS TO WYOMING CONSTITUTION

 

22-20-101. Ratification of proposed amendment or new constitution.

 

Aproposed amendment to the constitution of the state of Wyoming submitted by atwo-thirds vote of each of the houses of the state legislature or a proposednew constitution submitted by a constitutional convention may be ratified by amajority of the electors voting at the next general election. Voting on aproposed amendment or new constitution shall be regulated by general electionlaws.

 

22-20-102. Transmittal to secretary of state; numbering andendorsement; ballot statement.

 

 

(a) A proposed amendment shall betransmitted to the office of the secretary of state by the house in which itoriginates or by a constitutional convention. The secretary of state shallletter each proposed amendment serially in the order received from thelegislature or convention and shall endorse upon a proposed amendment, a briefstatement of the purpose of the amendment. If the bill proposing the amendmentprovides this statement, it shall be adopted by the secretary of state.

 

(b) The letter and statement endorsed on aproposed amendment are part of the amendment for purposes of reference insubmitting the amendment to the electors and shall constitute the ballotstatement of the amendment.

 

22-20-103. Transmittal to county clerk; posting.

 

Thesecretary of state shall mail a certified copy of a proposed amendment andstatement of its purpose filed in his office to each county clerk not less thansixty (60) days prior to the election at which the proposed amendment issubmitted to the electors. The county clerk shall immediately post in hisoffice the copy of a proposed amendment and statement of its purpose receivedfrom the secretary of state. The copy shall remain posted until after theelection at which the amendment is submitted to the vote of the electors.

 

22-20-104. Publication by secretary of state; supplemental publicationby clerk.

 

 

(a) The secretary of state shall publisheach proposed amendment and a notice that it will be submitted to the electorsat the next general election, once a week for at least twelve (12) consecutiveweeks prior to the election in a newspaper of general circulation published ineach county and, if possible, once each week for three (3) consecutive weekswithin thirty (30) days prior to the election in one (1) other newspaper ofgeneral circulation in each county.

 

(b) The clerk may supplement publicationthereof by radio or television broadcasts or both. The broadcasts shallidentify the proposed amendment or other question, by letter and statement ofpurpose as prescribed by law, and shall state the name of the newspaper inwhich the published notice will appear and the date on which it will appear.

 

22-20-105. Pamphlet.

 

Thesecretary of state shall print a reasonable number of pamphlets containingevery proposed amendment and provide a copy of the pamphlet upon request to anyperson or organization.

 

22-20-106. Publication expense.

 

Theexpense of publication of notice of proposed amendments and voter pamphletsshall be paid out of the general fund of the state.

 

22-20-107. Statement of purpose on ballot.

 

Thecounty clerk shall print on the official nonpartisan general election ballotfor the next general election the statement of purpose of each proposed amendmentcertified to him by the secretary of state.

 

22-20-108. Proclamation of adoption; effective date.

 

Thegovernor shall issue a proclamation of adoption not later than ten (10) daysafter the adoption of each proposed amendment has been officially certified bythe state canvassing board. A proposed amendment is effective on the date it isproclaimed adopted by the governor.

 

22-20-109. Publication in session laws.

 

Eachconstitutional amendment proposed by the legislature, and if possible each proposedby a constitutional convention, and each constitutional amendment adopted bythe vote of the people, shall be published in the next session laws.

 

ARTICLE 2 - AMENDMENTS TO THE CONSTITUTION OF THE UNITEDSTATES

 

22-20-201. Proclamation of governor calling state convention.

 

 

(a) If the congress of the United States ofAmerica enacts any law requiring any question of repealing, amending oraltering the constitution of the United States of America, or any part thereof,to be submitted to a convention of delegates chosen by the qualified electorsof the state and does not prescribe the manner and method of calling, holdingand conducting the convention and of canvassing the returns of the votes of thedelegates thereto and determining, declaring and publishing the result of thevote of the delegates to the convention on any question voted upon, for whichthe convention is called, it is the duty of the governor to make a publicproclamation:

 

(i) Calling the state convention;

 

(ii) Calling for the election of delegates tothe state convention;

 

(iii) Specifying the place where and the timewhen the convention shall be held;

 

(iv) Specifying the number of delegates (whoshall be qualified electors) of which the convention shall consist; and

 

(v) Specifying the method and manner by andin which delegates to the convention shall be elected.

 

22-20-202. Election of delegates to county and state conventions.

 

Ineach of the election precincts in each of the counties of this state thereshall be held a meeting of the qualified electors of the precinct at the timefixed by the proclamation. A qualified elector in the precinct shall preside ateach precinct meeting, and an election shall be held in which not less than one(1) delegate from each precinct and (1) one additional delegate for each sixhundred (600) or major portion thereof of the inhabitants of the precinct shallbe elected as delegates to a convention to be held at the county seat of thecounty. Upon the day fixed by the governor for holding the county conventionthe delegates thereto shall assemble and elect one (1) delegate for eachcounty, and one (1) delegate for each five thousand (5000) or major fractionthereof of the inhabitants of the county as delegates to the state conventionspecified in W.S. 22-20-201.

 

22-20-203. Convening of county convention; presiding officer;certification of results.

 

Itis the duty of the chairman of the board of county commissioners or some othermember of the board in each county to convene the county convention and presideover it until the delegates chosen thereto select a chairman of the convention.It is the duty of the chairman and secretary of the convention to certify,under oath, to the secretary of state and to the state convention, the names ofthe delegates to the state convention chosen by the county convention.

 

22-20-204. Rules of practice for county conventions; conventionballots.

 

 

(a) The rules of practice, procedure andconduct of the business of the several county conventions specified in W.S.22-20-202 are those prescribed by "Robert's Rules of ParliamentaryProcedure and Order".

 

(b) The vote on the selection of delegatesto the county and state conventions shall be by written or printed ballot.

 

22-20-205. Determining apportionment of representation at convention.

 

Inthe apportionment of representation in the county and state conventions, thelast federal census is the basis upon which the right to representation in theconventions shall be determined.

 

22-20-206. Board of commissioners to act as election commissioners.

 

Forthe purpose of providing the necessary facilities and conveniences forconducting each of the meetings and conventions provided for by this chapter,the board of county commissioners of the several counties of this state areappointed election commissioners of their respective counties. It is their dutyto do all things necessary and proper to facilitate the qualified electors oftheir respective counties in expressing their will upon any question submittedto them by the congress of the United States of America.

 

22-20-207. Costs and expenses to be borne by county.

 

Allcosts incurred in carrying out the provisions of this chapter in each countyshall be borne and paid by the county in which the costs accrued.

 

22-20-208. Convening of state convention; costs and expenses;certification of results.

 

(a) If the governor issues a proclamationcalling a state convention, it is the duty of the secretary of state to convenethe convention and make all necessary arrangements.

 

(b) The costs incidental to the holding of the state conventionshall be borne and paid by the state, as appropriated by the legislature.

 

(c) It is the duty of the officers of thestate convention to certify, under oath, to the secretary of state, the resultof the vote cast at the convention on each question submitted thereto. When theresult of the vote of the delegates to the state convention is certified to thesecretary of state, it is then the duty of the secretary of state to certifythe result to the president and secretary of state of the United States, and tothe president of the senate and the speaker of the house of representatives ofthe congress of the United States.

 

22-20-209. Procedure when congress directs manner of holdingconvention.

 

Ifcongress, either in the resolution submitting the question or by statute,prescribes the manner in which the conventions shall be constituted, theprovisions of this chapter are inoperative, and the convention shall beconstituted and shall operate as the resolution or act of congress directs. Allofficers of the state who may be authorized or directed by the resolution orstatute to take any action to constitute a convention for this state areauthorized and directed to act in accordance therewith and in obedience theretowith the same force and effect as if acting under a statute of this state.