Summary of Proceedings

Elections subcommittee of the Joint Corporations, Elections and

Political Subdivisions Interim Committee

Best Western Kings Inn                                                                                     September 10, 2001

Powell, Wyoming

PRESENT:      Senator Cale Case, Chairman;

                        Representatives David Edwards, Roger Huckfeldt and

                        Mac McGraw

                        Legislative Service Office:  Dave Gruver and

                        Emily Gardyasz

                        Others:  Please see Appendix 1.

ABSENT:        Senator Keith Goodenough

AGENDA:       Please see Appendix 2.

* * * * * * * * * *

Chairman Case called the meeting to order at 11:00 a.m.; however, no votes were taken on any matter until after 1:00 p.m.

LSO staff addressed each bill and proposed amendments requested by the Subcommittee.  Public comment was received.  The Subcommittee took action on each draft bill and proposed amendment except for 132.W2 and its amendment (Appendix 3 and 4).  See Appendix 5 for a record of roll-call votes.  A summary of the action taken in regard to each draft follows:

70.W2 (Appendix 6)- Contesting presidential elections.  This draft allows the Legislature to determine contested presidential elections.  The Subcommittee considered this draft in view of the resolution passed last session allowing the Legislature to call itself into session to determine any kind of challenge to presidential electors.  (Appendix 7)  Rep. Huckfeldt moved to amend the draft on page 1, line 4 to delete "specifying" and insert "clarifying"; and on page 3, line 17 to delete "adopt" and insert "ratify."  Motion passed.  After more discussion, Rep. Huckfeldt moved to amend the draft on page 3, line 16 to insert a period after "2003 " and delete the balance of section 3.  The motion passed.  Rep. Huckfeldt moved the bill draft be forwarded to the full committee.  The motion passed.  No action was taken on 132.W2, an alternative bill dealing with contested presidential elections.

130.W2 (Appendix 8)- Registration at elections.  LSO staff reviewed proposed amendments.  (Appendix 9)  All amendments on appendix 9 passed.  Laramie County Clerk Debbie Lathrop and Uinta County Clerk Lynne Fox spoke in support of the draft.  The Subcommittee directed LSO staff to combine the draft together with 76.W7 and make any necessary conforming amendments.  Passed.

133.W2 (Appendix 10)- Vacancies in office.  LSO staff addressed possible constitutional problems with this draft in reducing the number of nominees from three to one.  The Legislature is possibly unlawfully delegating its legislative power to private parties.  (See Appendix 11, LSO staff memorandum.)  Jim Willox, representing the Republican party, spoke in favor of the draft.  A letter was received from Linda Stoval, representing the Democratic party, stating her position on filling vacancies.  (Appendix 12)  The Subcommittee discussed how elected precinct people fill vacancies on the county central committee. 

Rep. Huckfeldt moved that staff draft an amendment to W.S. 22-4-103 and 22-4-110 to provide that only elected precinct people can participate in the selection process for filling vacancies pursuant to 22-18-111.  Passed. 

The Subcommittee discussed the language at the top of page 3, lines 1-5 as to what happens when a vacancy occurs in a four or six year term of office.  Staff suggested amending the provision so that if the vacancy occurs after the secretary of state has mailed out the certification under W.S. 22-2-108 for the next general election, the temporary successor appointed will serve until the first Monday in January following the next general election thereafter.  Rep. McGraw moved the amendment and it passed.

Rep. Edwards moved to forward the bill draft to the full committee.  Motion passed. 

76.W7 (Appendix 13)- Election revisions.  LSO staff explained the proposed amendments to the draft.  (Appendix 14)  Rep. Edwards moved all amendments on that appendix.  The motion passed. 

County Clerks Debbie Lathrop, Lynne Fox and Julie Freese of Fremont County all spoke in favor of the thirty day time period for getting registration lists ready despite opening up absentee registration at 22-3-117.

Rep. McGraw moved to amend the amendment on appendix 14 at page 2, line 4 to delete "would" and change "affect" to "affects".  Passed.

Rep. Huckfeldt moved to forward the bill to the full committee.  Passed. 

97.W5 (Appendix 15)- Elections registration equipment.  Secretary Meyer spoke in support of this draft.  He asked the Subcommittee to keep it going forward and stated that dollar figures for a registration system would be determined.  He also stated that another person is needed to work in the office. 

Rep. McGraw moved to amend page 1, line 9, to delete "establish" and insert "investigate" and to amend line 12 by inserting "proposed" before "system".  On page 2, line 5 insert "one dollar ($1)" in place of the question marks for a registration system.  Passed.  Section 2(a) and (b), page 2, line 8-20, Rep. Huckfeldt moved to approve inserting $20,000 in the place of the question marks for a certification program appropriation.  Passed.

LSO staff reviewed proposed amendments, lines 1-12. (Appendix 16) Rep. McGraw moved these amendments on the appendix.  The motion passed.  The Subcommittee considered the proposed amendments, lines 8-16, for the codification of section 2(a) as 22-2-121(d).  (Appendix 16)  Rep. McGraw moved for the codification.  Passed. 

Rep. McGraw moved for the full time position to the Secretary of State's Office, and amended to allow $100,000 for 28 months of service.  The motion as amended passed. 

Rep. Huckfeldt moved the bill draft be forwarded to the full committee.  The motion passed. 

LSO staff was directed to prepare a report to the full committee. The Subcommittee adjourned at approximately 3:30 p.m. 

Respectfully submitted,

Senator Cale Case

Chairman

All appendices referenced are on file at the Legislative Service Office.