Suffrage and Elections

Sec. 1. Male and female citizens to enjoy equal rights.
The rights of citizens of the State of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges. Wyoming was the first state in the Union to grant women equal suffrage with men.

Sec. 2. Qualifications of electors.
Every citizen of the United States of the age of twenty-one years and upwards, who has resided in the state or territory one year and in the county wherein such residence is located sixty days next preceding any election, shall be entitled to vote at such election, except as herein otherwise provided. There are no longer duration residency requirements for electors. Since ratification of the 26th Amendment to the U. S. Constitution, twenty-one  should read eighteen.

Sec. 3. Electors privileged from arrest.
Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election during their attendance at elections, and going to and returning therefrom.

Sec. 4. Exemption of electors from military duty.
No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.

Sec. 5. Electors must be citizens of United States.
No person shall be deemed a qualified elector of this state, unless such person be a citizen of the United States.

Sec. 6. What persons excluded from franchise.
All persons adjudicated to be mentally incompetent or persons convicted of felonies, unless restored to civil rights, are excluded from the elective franchise. This section was amended by a resolution adopted by the 1995 legislature, ratified by a vote of the people at the general election held on November 5, 1996, and proclaimed in effect on November 11, 1996.

Sec. 7. When residence not lost by reason of absence.
No elector shall be deemed to have lost his residence in the state, by reason of his absence on business of the United States, or of this state, or in the military or naval service of the United States.

Sec. 8. Soldiers stationed in state not considered residents.
No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of his being stationed therein.

Sec. 9. Educational qualifications of electors.
No person shall have the right to vote who shall not be able to read the constitution of this state.* The provisions of this section shall not apply to any person prevented by physical disability from complying with its requirements. 

*The Federal Voting Rights Act Amendment of 1970 prevent the use of a test or device as a condition to voting.

Sec. 10. Alien suffrage.
Nothing herein contained shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of this constitution, unless disqualified by the restrictions of section six of this article. After the expiration of five (5) years from the time of the adoption of this constitution, none but citizens of the United States shall have the right to vote.

Sec. 11. Manner of holding elections.
All elections shall be by ballot. The legislature shall provide by law that the names of all candidates for the same office, to be voted for at any election, shall be printed on the same ballot, at public expense, and on election day be delivered to the voters within the polling place by sworn public officials, and only such ballots so delivered shall be received and counted. But no voter shall be deprived the privilege of writing upon the ballot used the name of any other candidate. All voters shall be guaranteed absolute privacy in the preparation of their ballots, and the secrecy of the ballot shall be made compulsory.

Sec. 12. Registration of voters required.
No person qualified to be an elector of the State of Wyoming, shall be allowed to vote at any general or special election hereafter to be Holden in the state, until he or she shall have registered as a voter according to law, unless the failure to register is caused by sickness or absence, for which provisions shall be made by law. The legislature of the state shall enact such laws as will carry into effect the provisions of this section, which enactment shall be subject to amendment, but shall never be repealed; but this section shall not apply to the first election held under this constitution.

Sec. 13. Purity of elections to be provided for.
The legislature shall pass laws to secure the purity of elections, and guard against abuses of the elective franchise.

Sec. 14. Election contests.
The legislature shall, by general law, designate the courts by which the several classes of election contests not otherwise provided for, shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law shall apply to any contest arising out of an election held before its passage.

Sec. 15. Qualifications for office.
No person except a qualified elector shall be elected or appointed to any civil or military office in the state. “Military office” shall be limited to the offices of adjutant general, assistant adjutant general for the army national guard and assistant adjutant general for the air national guard. This section was amended by a resolution adopted by the 1999 Legislature, ratified by a vote of the people at the general election held on November 7, 2000, and proclaimed in effect on November 15, 2000.

Sec. 16. When officers to hold over; suspension of officers.
Every person holding any civil office under the state or any municipality therein shall, unless removed according to law, exercise the duties of such office until his successor is duly qualified, but this shall not apply to members of the legislature, nor to members of any board or assembly, two or more of whom are elected at the same time. The legislature may by law provide for suspending any officer in his functions, pending impeachment or prosecution for misconduct in office.

Sec. 17. Time of holding general and special elections; when elected officers to enter upon duties.
All general elections for state and county officers, for members of the house of representatives and the senate of the State of Wyoming, and representatives to the congress of the United States, shall be held on the Tuesday next following the first Monday in November of each even year. Special elections may be held as now, or may hereafter be provided by law. All state and county officers elected at a general election shall enter upon their respective duties on the first Monday in January next following the date of their election, or as soon thereafter as may be possible.

Sec. 18. Method of selecting officers whose election is not provided for. All officers, whose election is not provided for in this constitution, shall be elected or appointed as may be directed by law.

Sec. 19. Dual office holding.
No member of congress from this state, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this state to which a salary, fees or perquisites shall be attached. The legislature may by law declare what offices are incompatible.

Sec. 20. Oath of office; form.
Senators and representatives and all judicial, state and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of the state of Wyoming; that I have not knowingly violated any law related to my election or appointment, or caused it to be done by others; and that I will discharge the duties of my office with fidelity.”  This section was amended by a resolution adopted by the 2007 legislature, ratified by a vote of the people at the general election held on November 4, 2008, and proclaimed in effect on November 12, 2008.

Sec. 21. Oath of office; how administered.
The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of state officers and judges of the supreme court shall be filed in the office of the secretary of state, and in the case of other judicial and county officers in the office of the clerk of the county in which the same is taken; any person refusing to take said oath or affirmation shall forfeit his office, and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this state. The oath to members of the senate and house of representatives shall be administered by one of the judges of the supreme court or a justice of the peace, in the hall of the house to which the members shall be elected.

Sec. 22. Absent voter ballots, voting and registration.
The provisions of section 11 of article 6 of this constitution, which provides that the  ballots therein mentioned shall be delivered on election day to the voters within the polling place by sworn public officials, and that only such ballots so delivered shall be received and counted, shall not be applicable to, affect or invalidate absent voter ballots and voting thereof and registration therefor, as provided by article 14, of chapter 36, Wyoming Revised Statutes, 1931, and other acts of the legislature of the State of Wyoming, amendment thereof or related thereto, whether heretofore or hereafter enacted. This section was added by an amendment proposed at the 1944 special session of the legislature, ratified by a vote of the people at the general election held on November 7, 1944, and proclaimed in effect on December 6, 1944.