Title 22 — Title 22 — Elections

Short title. This chapter may be cited as the "Special District Elections Act of 1994."

(a) Definitions. As used in this act: (i) "Director" or "district director" means a voting member of the governing body of a special district, regardless of what title is used in the principal act; (ii) "Principal act" means the statutes under which a special district listed unde…

provisions. Applicability to special districts; general (a) This act applies to the following districts as specified in subsection (b) of this section: (i) Special cemetery districts; (ii) Conservation districts; (iii) Fire protection districts, including county commission fire p…

Definitions when principal act is silent. (a) When used in a principal act, the following definitions apply, unless the term is otherwise specifically defined in that principal act: (i) "Elector" means a qualified elector; (A) Repealed By Laws 1998, ch. 115, § 5. (B) Repealed By …

Petitions; number of signatures required; contents of formation petition. (a) A petition to form a special district shall be signed by not less than twenty-five percent (25%) of the landowners owning at least twenty-five percent (25%) of the assessed valuation of property within …

Requirements for signers of petition; signer's withdrawal prohibited; chief petitioners designated. (a) This section applies to petitions authorized under a principal act or this act. Each person who signs a petition shall add after the signature the date of signing. If a person …

Requirements of filing petition; validity and certification of signatures. (a) A petition shall not be accepted for filing unless the signatures thereon have been secured within six (6) months of the date on which the first signature on the petition was affixed. Petitions require…

signatures. Method of determining validity of landowner (a) In examining any petition required or permitted to be signed by landowners, the county clerk or district secretary shall disregard the signature of a person not shown as owner on the assessment roll unless prior to certi…

petition. County commissioners' action on formation (a) A petition for formation of a district shall be filed with the county commissioners. Before the petition is filed, the county assessor and the department of revenue shall review, within sixty (60) days of receiving notice of…

period. County clerk to publish proclamation; filing (a) Between one hundred one (101) and ninety-one (91) days before an organizational election held in conjunction with a primary or other August election, between ninety (90) and seventy (70) days before an organizational electi…

Formation and initial director election. (a) The electors shall vote on the formation of the district and for the initial directors. Votes for write-in candidates for director shall be permitted. (b) The election shall be conducted under the direction of the county clerk and shal…

Subsequent director elections. (a) Subsequent director elections shall be held on the first Tuesday after the third Monday in March or on the Tuesday next following the first Monday in May or November, as determined by the district and shall accommodate staggered terms as set for…

elections. General provisions relating to special district (a) In a special district election not held in conjunction with a general or statewide special election, absentee voting shall be conducted in accordance with rules promulgated by the secretary of state under W.S. 22-29-1…

Election procedures for elections other than mail ballot elections; canvass, recount and contests. (a) The secretary of state, after consultation with the county clerks, shall promulgate rules setting forth election procedures for special districts to follow for the formation and…

provisions. Mail ballot elections; definitions; general (a) This section does not apply to a special district election held in conjunction with a primary, general or statewide special election. As used in W.S. 22-29-116: (i) "Election official" means the county clerk for a format…

Procedures for mail ballot elections. (a) Mail ballot elections shall be overseen by the county clerk as provided in W.S. 22-29-113(m). Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secret…

Change of district name. (a) A district may change its name from the name given it in the formation order of the county commissioners, or from the name under which it was otherwise organized, to a name chosen by resolution of a majority of the directors. (b) The directors shall n…

of interest. District officers; meeting of board; conflict Each year the board of directors shall as soon as they are qualified elect a president, treasurer and secretary of the district. The board of directors shall hold regular and may hold special meetings as they determine. N…

(e) The term of office of an appointed director begins on the day the appointee accepts the appointment unless the letter of resignation of the prior incumbent specifies a later date, which date then shall be the beginning of the appointee's term. (f) Any vacancy created by failu…

Vacancies. (a) A director's office shall be deemed to be vacant upon the occurrence of any one (1) of the following events prior to the expiration of the term of office: (i) If for any reason a properly qualified person is not elected to a director's office by the voters as requi…

Filling by appointment. (a) A vacancy in a district director office shall be filled by appointment by a majority of the remaining directors. However, if a vacancy exists in a majority of the offices of director, or if a majority of the directors cannot agree on an appointment, th…

Enlargement petitions. (a) When any voters or landowners of an area wish to join a district, they may file an enlargement petition with the county commissioners. Unless otherwise provided under this subsection, the petition for enlargement may include provisions allowing the boar…

Merger of districts; effect. (a) A district may merge with another district even if formed under different principal acts, if the merger is first approved by the county commissioners and approved by the voters of each district. The districts included in the merger shall be consid…

Consolidation of districts; effect. (a) Two (2) or more districts even if formed under different principal acts may consolidate and form a new district if the consolidation is first approved by the county commissioners and approved by the voters. The districts included in the con…

election. Initiation of merger and consolidation; (a) The voters of two (2) or more districts may initiate proceedings to merge or consolidate districts by filing a petition with the directors of the districts to be merged or consolidated. The petition shall be circulated and joi…

Specific provisions relating to enlargement, merger and consolidation elections. (a) The elections effecting enlargement, merger or consolidation shall be governed by the following specific rules: (i) For enlargement elections, the voters of both the existing district and the are…

Rights of creditors after change of organization; enforcement. (a) No change of organization, or any term or condition thereof, shall impair the rights of any bondholder or other creditor of a district. Every bondholder or other creditor may enforce all the rights of the bondhold…

Change in boundaries of districts; exclusion of property from district. Any owner of property that is subject to assessment and payment of tax by a special district, but who is precluded by applicable state or federal law, rule or regulation from using the services provided by th…

(a) Dissolution procedure. Dissolution of a district may be initiated: (i) By a petition signed by not less than twenty-five percent (25%) of the voters owning not less than twenty-five percent (25%) of the assessed valuation of property within the district, requesting dissolutio…

Findings of fact by district directors. (a) When dissolution proceedings have been initiated, the district directors shall make findings of fact which shall include: (i) The amount of each outstanding bond, coupon and other indebtedness, with a general description of the indebted…

Plan for dissolution and liquidation. The plan of dissolution and liquidation may include provisions for transfer and conveyance of all assets of the district to any other district or to the county or counties where the district is located which have the authority and agree to as…

Election on dissolution; consent of creditors; content of notice. (a) Within ten (10) business days after the district directors file the plan of dissolution and liquidation required by W.S. 22-29-402, the district directors shall call an election to be held not less than ninety …

Trustees for dissolved district; records to county clerk; limitation on further elections. (a) Upon canvassing the vote after the election, if it appears that a majority or more of the votes on the proposition approve dissolution, the district directors shall declare the district…

Power of trustees to convey assets. (a) The board of trustees may convey to another district all assets of the dissolving district: (i) If the other district assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the service provided by…

Disposition of assets. (a) Any surplus funds remaining to the credit of the district, after payment of the indebtedness of the district, shall be transferred to the county treasurer. If the assets of the district are insufficient to pay the indebtedness, the board of trustees sha…

Dissolution without election. (a) The election required by W.S. 22-29-404 shall be dispensed with and the county commissioners shall declare the district dissolved if the county commissioners find that: (i) Dissolution is in the interest of the people of the county; and (ii) At l…

(a) Political action committees. As used in this section: (i) "Political action committee" means any group of two (2) or more persons organized and associated for the purpose of raising, collecting or spending money for the support or opposition to any special district ballot pro…

Violation of special district elections act. The knowing and willful violation of any provision of the special district elections act is a misdemeanor offense punishable by not more than six (6) months in jail, a fine of not more than one thousand dollars ($1,000.00), or both.