WYOMING

Wyoming has statutory initiatives, veto referendums, and legislatively referred amendments. Any of these statewide ballot measures must be submitted to voters in a general election. Ballot content requirements vary depending on whether the measure is initiated by voters or referred by the legislature, with additional fiscal impact details required for initiatives only. The ballot preparation process also varies, with the Attorney General involved in initiatives and veto referendums, but not legislatively referred amendments. Beyond the ballot materials, Wyoming law requires that more voter information be provided for legislatively referred amendments, including a voter information pamphlet that is not required for statutory initiatives or veto referendums. Wyoming statutes clearly provide for judicial review of determinations made by the Secretary of State or Attorney General regarding initiatives or veto referendums, but not regarding legislatively referred amendments, though review may be available under other channels.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Wyoming

Wyoming has statutory voter initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory

The people of Wyoming have the initiative power to propose and enact legislation independent of the legislature. See generally Wyo. Const. art. III, § 52. The initiative power cannot be used to expend state revenues, to make or repeal appropriations, to create courts, or to enact legislation that the legislature would be prohibited from enacting under the state constitution. Id. § 52(g).

X Initiatives – Constitutional

√ Veto Referendums

Wyomingites have the referendum power to demand that any act of the legislature be submitted to the voters for their approval or rejection, except for dedications of revenue, appropriations, local or special legislation, or laws necessary for the immediate preservation of public peace, health, or safety. See Wyo. Const. art. III, § 52(a), (g).

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Wyoming voters. Wyo. Const. art. XX, § 1.

Election Timing

A statewide ballot measure must be submitted to voters in a general election.

• An initiative is submitted to voters at the next general election held more than 120 days after adjournment of the legislative session following the timely filing of an initiative petition. Const. art. III, § 52(d); Wyo. Stat. Ann. § 22-24-319 (also providing that if the Attorney General determines that the legislature has enacted a law that is substantially the same as the proposed law after the petition is filed, the measure shall not be placed on the ballot).
• A veto referendum is submitted to voters at the next general election held more than 180 days after adjournment of the legislative session in which the referred law was passed, after the timely filing of a veto referendum petition. Const. art. III, § 52(e); Wyo. Stat. Ann. § 22-24-416.
• A legislatively referred amendment must be submitted to voters after it is approved by a 2/3 supermajority of the members of each legislative house. See Const. art. XX, § 1. The proposed amendment is then submitted to voters at the next general election. See id.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

Ballot content requirements vary depending on whether the measure is initiated via voter petition, or a legislatively referred amendment; additional fiscal impact details are required with respect to initiatives. The ballot preparation process also varies, with the Attorney General involved with respect to initiatives and veto referendums, but not for legislatively referred amendments.

• The ballot for an initiative or veto referendum must contain the following.
  • A ballot proposition prepared by the Secretary of State with the assistance of the Attorney General. Wyo. Stat. Ann. §§ 22-24-317(a), 22-24-414.
    • The ballot proposition must give a true and impartial summary of the measure. §§ 22-24-317(a), 22-24-414.
  • (For initiatives only, if applicable)
    • An estimate (or estimated range) and explanation of the measure’s fiscal impact, prepared by the Secretary of State with the assistance of other state agencies as needed. See id.§ 22-24-317(a), 22-24-309.
      • The explanation must indicate that the estimate excludes any impact on local subdivisions. See id. 22-24-309(a).
      • The Secretary of State must render its estimate and explanation to the initiative’s sponsors; if the sponsors believe it is inaccurate, they may submit their own estimate and explanation within 14 days. See id. 22-24-309(b). The Secretary of State may revise its estimate if the sponsors demonstrate the initial estimate was inaccurate. See id.
      • If the Secretary of State’s final fiscal estimate differs from the sponsors’ by more than $25,000, the ballot must include an estimated range of fiscal impact reflecting both estimates. §§ 22-24-317(a), 22-24-309(b).
    • (For measures relating to investment of permanent state funds) The estimated loss or gain in revenue (or range thereof) from the proposal prepared by the State Treasurer. Wyo. Stat. Ann. § 22-24-317(b).
      • If the State Treasurer’s final estimated loss or gain differs from the sponsors’ by more than $25,000, the ballot must include a range of estimated loss or gain that includes both estimates. § 22-24-317(b).

• The ballot for a legislatively referred amendment must contain the following.
  • A brief statement of the purpose of the proposed amendment. Wyo. Stat. Ann. § 22-20-102.
    • The statement is prepared by the Secretary of State, but if the bill proposing the amendment provides this statement, the Secretary of State must adopt the legislature’s statement. See id.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Wyoming law requires that more voter information be provided with respect to legislatively referred amendments, including a voter information pamphlet that is not required for initiatives or veto referendums.

Publication

Wyoming law requires that pre-election publications be made about state ballot measures, with additional publications required for legislatively referred amendments compared to measures initiated via petition.

• For an initiative or veto referendum, the Secretary of State must publish the ballot proposition in a newspaper of general circulation in the state in the edition immediately preceding the general election. Wyo. Stat. Ann. §§ 22-24-318, 22-24-415. The publication must contain the ballot text along with a physical location and website where the entire text of the measure can be viewed.
• For a legislatively referred amendment, the Secretary of State must publish the proposed amendment and a notice that it will be submitted at the next general election in a newspaper of general circulation in each county once a week for at least twelve consecutive weeks prior to the election, plus, if possible, one additional newspaper in the county for at least three consecutive weeks within 30 days of the election. Wyo. Stat. Ann. § 22-20-104(a); Const. art. XX, § 1.
  • The Secretary of State may supplement the publications with radio and/or television broadcasts, which must include the proposed amendment or question; the identifying letter it is assigned; the statement of purpose, which also appears on the ballot; and details about the newspaper publication. Wyo. Stat. Ann. 22-20-104(b).

Voter Information Pamphlet

X Wyoming law does not require a state voter information pamphlet regarding initiatives or veto referendums.  

• With respect to legislatively referred amendments, the Secretary of State must “print a reasonable number of pamphlets containing every proposed amendment and provide a copy of the pamphlet upon request to any person or organization.” Wyo. Stat. Ann. § 22-20-105.

JUDICIAL REVIEW

When and how can the court step in?

• With respect to an initiative or veto referendum, any person aggrieved by a determination of the Secretary of State or Attorney General may bring an action in the Laramie County District Court within 30 days of the date on which notice of the challenged determination was given. Wyo. Stat. Ann. § 22-24-321, 22-24-418. Wyoming statutes make clear that any initiative or veto referendum submitted to voters will not be voided on the basis of an insufficient application or petitions by which the submission to voters was procured. See id. §§ 22-24-320, 22-24-417.

In addition to statutory requirements, the Wyoming Supreme Court has suggested that an initiative’s ballot title and summary must comply with the state’s constitutional requirement that the title of a bill must contain its subject. See Wyo. Const. art. III, § 24; Wyoming Nat. Abortion Rights Action League v. Karpan, 881 P.2d 281, 289-291 (Wyo. 1994) (holding the title of the challenged initiative adequately expressed the substantive provisions included within the body of the measure).

Sample case:  Wyoming Nat. Abortion Rights Action League v. Karpan, 881 P.2d 281, 289-291 (Wyo. 1994) (assuming that initiatives must comply with the subject-in-title requirement of Wyo. Const. art. III § 24, and finding the title of the challenged initiative adequately expressed the substantive provisions included within the body of the measure).

• With respect to a legislatively referred amendment, Wyoming’s direct democracy provisions do not explicitly provide for judicial review of ballots or related materials. The Wyoming Supreme Court has previously considered, but rejected, an argument that the ballot language for a legislatively referred amendment approved by voters was misleading. See Town of Pine Bluffs v. State Bd. of Equalization, 333 P.2d 700, 704-705 (Wyo. 1958).