22-25-106 who authorizes the candidate's campaign committee to

22-25-106 who authorizes the candidate's campaign committee to file on their behalf as provided by W.S. 22-25-106(j) shall be jointly and severally liable with the candidate's campaign committee for any civil penalty imposed under this section.

(h) Any person may, within twenty (20) days of the date of a final order issued pursuant to subsection (f) of this section, request reconsideration of the order and submit documentation to the appropriate filing office or county attorney showing good cause for a failure to file a report. The filing office or county attorney may, after a decision finding good cause, waive any civil penalty imposed under this section provided that the person files the report within the time specified in the decision. A decision to not waive an imposed penalty by the secretary of state is subject to the contested case procedures of the Wyoming Administrative Procedure Act. A decision to not waive an imposed penalty by the county attorney is appealable to a circuit court of appropriate jurisdiction.

(j) A civil penalty imposed under this section shall be paid within thirty (30) days of the date of the final order issued pursuant to subsection (f) of this section or the date of a decision denying reconsideration by the appropriate filing office or county attorney, whichever is later. Any penalty not paid within the time required by this subsection is delinquent and shall bear interest at a rate of eighteen percent (18%) per annum until paid or collected, provided that no penalty is due and no interest shall accrue during any period in which the penalty is being reviewed by a court or during the pendency of a contested case proceeding. The filing office for the state shall notify the attorney general of a delinquent civil penalty.

(k) A delinquent civil penalty may be recovered in an action brought in the name of the state of Wyoming in any court of appropriate jurisdiction. In addition to any other remedy provided by law for the recovery of the penalty and any interest thereon, the county attorney or the attorney general, as appropriate, may recover any costs or damages relating to the recovery effort including attorney's fees. No filing fee shall be charged for the filing of an action under this subsection nor shall a fee be charged for service of process.

(m) Civil penalties and any interest thereon shall be paid to the clerk of court with jurisdiction over the matter for deposit to the public school fund of the county in which the fine was assessed. Any recovered costs or damages relating to the recovery effort shall be retained by the county or the state, as appropriate.

22-25-109. Repealed by Laws 2018, ch. 40, § 2.

22-25-110. Campaign advertising in communications media.

(a) It is unlawful for a candidate, political action committee, organization, including organizations causing an electioneering communication or an independent expenditure to be made, candidate's campaign committee, or any political party central committee to pay for campaign literature or campaign advertising without conspicuously displaying or speaking the following disclosure: "paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)". The disclosure set forth in this subsection shall be required in the following forms of campaign literature or campaign advertising:

(i) Printed campaign literature or campaign advertising including mailers, pamphlets, brochures, periodicals or billboards;

(ii) Campaign advertising appearing on the radio or distributed through a telephone or cellular system or other solely auditory medium;

(iii) Campaign advertising appearing on television;

(iv) Paid placement of campaign advertising on the internet or other electronic communication network. This paragraph shall not apply when including the disclosure is impracticable due to size and text limitations in electronic campaign advertising, provided that the campaign advertising shall include a hyperlink to an internet website containing the disclosure.

(b) For purposes of this section, "campaign literature or campaign advertising" does not include small campaign items such as tickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons and yard signs displaying the name of the candidate or office sought and any other items specified by rule of the secretary of state.

(c) Repealed by Laws 2019, ch. 1, § 2.

22-25-111. Repealed by Laws 1980, ch. 31, § 1.

22-25-112. Campaign advertising rates.

Rates charged for political campaign advertising shall not be higher than rates charged for local advertising of the same quality and quantity.

22-25-113. Repealed By Laws 1998, ch. 100, § 5.

22-25-114. Repealed by Laws 1991, ch. 243, § 5.

22-25-115. Written campaign advertising; prohibiting placement on public property; exception.

Except as provided herein, written campaign advertising shall not be placed on or attached to any real or personal property of the state or its political subdivisions. This prohibition shall not apply to fairgrounds of the Wyoming state fair or of any county fair organized under the laws of this state. The University of Wyoming, any community college and school district may permit such advertising subject to regulation by their governing board as to time, place and manner. Any rules and regulations adopted shall provide for equal access to opposing political views. Subject to the approval of the landowner and any rules and regulations adopted by a municipality, campaign materials may be placed on municipal street rights-of-way. The department of transportation shall allow campaign materials to be placed on a state right-of-way within a municipality to the same extent which the municipality allows campaign materials to be placed on municipal street rights-of-way. Nothing in this section shall apply to any interstate highway.

22-25-116. Prohibition of foreign funding influencing statewide ballot measures.

(a) As used in this section:

(i) "Directly or indirectly" means acting either alone or jointly with, through or on behalf of any committee, organization, person or entity;

(ii) "Foreign national" means as defined in 52 U.S.C. § 30121(b);

(iii) "Prohibited source" means contributions from or expenditures by a foreign national.

(b) No foreign national shall direct, control or otherwise directly or indirectly participate in the decision making of any political action committee or organization supporting or opposing any statewide initiative or referendum petition drive. No foreign national shall solicit, directly or indirectly, the making of a donation, contribution or expenditure by another person to influence a ballot initiative.

(c) Each political action committee or organization supporting or opposing any statewide initiative or referendum that is required to file reports with the secretary of state under W.S. 22-25-107(a)(vii) shall file an accompanying certification regarding funding from prohibited sources as provided in this paragraph and each itemized statement of contributions and expenditures required by W.S. 22-25-106(b) or (h). The certification shall include the following statements:  (i) That no expenditure of the political action committee or organization was knowingly, whether directly or indirectly, funded by a prohibited source;

(ii) That the political action committee or organization shall not knowingly, whether directly or indirectly, receive, solicit or accept contributions or expenditures from a prohibited source in any manner;

(iii) That the political action committee or organization will keep records of contributions and expenditures for a period of not less than five (5) years to enable the enforcement of this section.

(d) For each contribution to a political action committee or organization supporting or opposing any statewide initiative or referendum petition that is required to file reports with the secretary of state under W.S. 22-25-107(a)(vii), before accepting the contribution the group shall obtain affirmation from the donor that the donor is not a foreign national and that the donor has not knowingly, whether directly or indirectly, accepted more than one hundred thousand dollars ($100,000.00) in aggregate from prohibited sources in the immediately preceding four (4) year period.

(e) The secretary of state may bring a civil action to enforce the provisions of this section. A violation of this section is subject to a civil penalty of up to twice the amount of any prohibited contribution or expenditure. The secretary of state may obtain injunctive relief from a court of competent jurisdiction to prevent further violations of this section.

CHAPTER 26 - OFFENSES AND PENALTIES

22-26-101. Felony offenses generally.

(a) The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:

(i) Repealed by Laws 2018, ch. 40, § 2.

(ii) Unlawful opening of a ballot box;  (iii) Unlawful opening of a voting machine;

(iv) Unlawful possession of a key;

(v) Repealed by Laws 2018, ch. 40, § 2.

(vi) Falsifying election documents;

(vii) False swearing;

(viii) Offering a bribe;

(ix) Accepting a bribe;

(x) Intimidation;

(xi) Violating W.S. 22-9-125(d)(iv).

22-26-102. Registration offenses.

(a) Registration offenses consist of performing any of the following acts in connection with or related to the election process or an election:

(i) Signing or offering to sign an application to register when not a qualified elector or to register under a false name or residence address;

(ii) Soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce a person to register under the name of any other person, or a false name, or to register when not a qualified elector;

(iii) Destroying or altering a registration record when not authorized by law;

(iv) False swearing after being challenged.

(b) Unless otherwise provided in subsection (c) of this section, registration offenses are misdemeanor offenses punishable by a fine of not more than two hundred dollars ($200.00).

(c) Registration offenses committed with the intent to deceive a registration official are high misdemeanor offenses punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.  (d) Second or subsequent offenses under subsection (c) of this section are felony offenses punishable by not more than five (5) years imprisonment, a fine of not more than ten thousand dollars ($10,000.00), or both.

(e) The county sheriff shall investigate registration offenses at the request of a county clerk who has reasonable cause to believe that a person has committed a registration offense. After an investigation and a finding that the allegation has merit, the county sheriff shall refer the matter to the district attorney for prosecution in the appropriate courts of this state.

22-26-103. Unlawful opening of ballot box.

Unlawful opening of a ballot box consists of opening a ballot box or inspecting or removing the contents thereof without lawful authority, or conspiring with others so to open a ballot box.

22-26-104. Unlawful opening of voting machine.

Unlawful opening of a voting machine consists of opening, unlocking, inspecting, tampering with, resetting or adjusting a voting machine without lawful authority, or conspiring with others to do so.

22-26-105. Unlawful possession of key.

Unlawful possession of a key consists of the possession at any time of a key to a voting machine or ballot box, or making a duplicate thereof, unless authorized by law.

22-26-106. False voting.

(a) False voting consists of performing any of the following acts in connection with or related to the election process or an election:

(i) Voting, or offering to vote, when not a qualified elector entitled to vote at the election;

(ii) Voting, or offering to vote, in the name of another person or under a false name;  (iii) Voting, or offering to vote, in a precinct other than that in which qualified to vote;

(iv) Voting, or offering to vote, more than once in an election.

(b) Unless otherwise provided in subsection (c) of this section, false voting is a misdemeanor offense punishable by a fine of not more than two hundred dollars ($200.00).

(c) False voting committed with the knowledge of not being a qualified elector entitled to vote at the election or in that precinct is a high misdemeanor offense punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

(d) Second or subsequent offenses under subsection (c) of this section are felony offenses punishable by not more than five (5) years imprisonment, a fine of not more than ten thousand dollars ($10,000.00), or both.

(e) The county sheriff shall investigate acts of false voting at the request of a county clerk who has reasonable cause to believe that a person has committed false voting. After an investigation and a finding that the allegation has merit, the county sheriff shall refer the matter to the district attorney for prosecution in the appropriate courts of this state.

22-26-107. Falsifying election documents.

(a) Falsifying election documents consists of performing any of the following acts with the intent to deceive or mislead an elector or an election official:

(i) Printing, distributing or displaying false instructions for voting or for the conduct of an election;

(ii) Printing, distributing or displaying any official ballot, sample ballot or pretended ballot which includes the name of a person not entitled by law to be on the ballot, or omits the name of a person entitled by law to be on the ballot, or otherwise contains false information or headings;

(iii) Defacing, altering, forging, making false entries in or changing in any way a petition, certificate of nomination, registration record or election return required by law;  (iv) Preparing or submitting a false certificate of nomination, registration record or election return.

22-26-108. False swearing.

False swearing consists of taking an oath required by the Election Code with the knowledge that the thing or matter sworn to is not true and correct.

22-26-109. Offering bribe.

(a) Offering bribe consists of willfully advancing, paying, offering to pay or causing to be paid, or promising, directly or indirectly, any money or other valuable thing to a person, for any of the following purposes:

(i) To induce a person to vote or refrain from voting for or against a candidate or ballot proposition or to sign or not sign a petition;

(ii) To induce an election official to mark, alter, suppress or change a ballot that has been cast, an election return, any certificate of election, or petition.

22-26-110. Accepting bribe.

Accepting a bribe consists of knowingly accepting any payment or promise of payment, directly or indirectly, of money or other valuable thing for any of the unlawful purposes specified in W.S. 22-26-109.

22-26-111. Intimidation.

(a) Intimidation consists of:

(i) Inducing, or attempting to induce, fear in an election official or elector by use of threats of force, violence, harm or loss, or any form of economic retaliation, for the purpose of impeding or preventing the free exercise of the elective franchise or the impartial administration of the Election Code; or

(ii) Soliciting the contribution of funds, other items of value or election assistance to the campaign of any candidate, candidate’s committee, political action committee or sponsors of a ballot proposition, by use of threats of physical violence or any form of economic or official retaliation.

(b) It is not a defense to a prosecution under this section that the defendant did not in fact possess the ability to carry out the threat made.

22-26-112. Misdemeanor offenses generally.

(a) Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:

(i) Electioneering too close to a polling place;

(ii) Disturbing a polling place;

(iii) Unlawful possession of alcoholic or malt beverages at a polling place;

(iv) Accepting or expending any money or incurring any obligation on behalf of any candidate for nomination or election to office without such candidate's prior written approval;

(v) Employer interfering with political rights of employees;

(vi) Discharging an employee because of nomination for or election to political office;

(vii) Causing or attempting to cause a candidate to withdraw or refuse nomination or election;

(viii) Violating W.S. 22-2-113;

(ix) Violating W.S. 22-25-101 through 22-25-115;

(x) Filing or signing a false statement of contributions and expenditures required by W.S. 22-25-106.

22-26-113. Electioneering too close to a polling place.

(a) Electioneering too close to a polling place or absentee polling place under W.S. 22-9-125 when voting is being conducted, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards on the day of a primary, general or special election and within one hundred (100) feet on all other days, of any public entrance to the building in which the polling place is located. This section shall not apply to bumper stickers affixed to a vehicle while parked within or passing through the distance specified in this subsection, provided that:

(i) There is only one (1) bumper sticker per candidate affixed to the vehicle;

(ii) Bumper stickers are no larger than four (4) inches high by sixteen (16) inches long; and

(iii) The vehicle is parked within the distance specified in this subsection only during the time the elector is voting.

22-26-114. Disturbing polling place.

Disturbing a polling place consists of creating any disorder or disruption at a polling place on election day, or absentee polling place under W.S. 22-9-125, or interfering with the orderly conduct of an election.

22-26-115. Unlawful possession of alcoholic or malt beverages.

Unlawful possession of alcoholic or malt beverages at a polling place consists of the use or possession of any alcoholic or malt beverages by an election official while performing his official duties or the use or possession by any person of these beverages in a polling place during an election.

22-26-116. Interfering with employee's political rights.

Interfering with an employee's political rights consists of an employer making, adopting, enforcing or attempting to enforce any order, rule, regulation or policy forbidding or preventing any employee from becoming a candidate for public office or for a position on any public board or commission or making, adopting, enforcing or attempting to enforce any order, rule, or regulation controlling or attempting to control such employee's vote on any question at any public election, or in any public position or board or in any office to which such employee may be appointed or elected.

22-26-117. Discharging employee because of nomination for or election to office.

Discharging an employee because of nomination for or election to office consists of any employer discharging or causing to leave his, or their employ, temporarily or permanently, any person or persons because he or they have been nominated as a candidate for or elected to any position of honor, trust or emolument, to be voted for at any election, held in pursuance of the laws of this state.

22-26-118. Causing or attempting to cause candidate to withdraw or refuse nomination or election.

Causing or attempting to cause a candidate to withdraw or refuse nomination or election consists of any person, or agent, or officer, or any company, or corporation either causing or attempting to cause any person or persons nominated as candidates or elected at any election, to withdraw, or refrain from accepting such nomination or election by threatening loss of employment, business or patronage, if he or they accept such candidacy or election, or making it a condition of employment, business or patronage, that such candidacy or election shall not be accepted.

22-26-119. Violation of Election Code by officials.

Violation of the Election Code by an official consists of the willful violation of the Election Code by any official or by any deputy or assistant official, or the willful failure or refusal of any official or assistant to perform an act or duty required of him by the Election Code. Any official, deputy or assistant who commits a violation of the Election Code is guilty of a felony and, in addition to the penalty prescribed by W.S.