ROCEEDINGS Approval Pending P UMMARY S of

Draft Only

Approval Pending

S UMMARY of

P ROCEEDINGS

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS

COMMITTEE

COMMITTEE MEETING INFORMATION

June 7-8, 2021 | 9:00 AM

Wyoming State Capitol, W110

200 West 24th Street

Cheyenne, Wyoming

COMMITTEE MEMBERS PRESENT

Senator Ogden Driskill, Co-chairman

Representative Dan Zwonitzer, Co-chairman

Senator Brian Boner

Senator Cale Case

Senator Tara Nethercott

Senator Charles Scott

Representative Jim Blackburn

Representative Aaron Clausen

Representative Andi Clifford

Representative Shelly Duncan

Representative Danny Eyre

Representative Hans Hunt

Representative Joe MacGuire

Representative Jim Roscoe

LEGISLATIVE SERVICE OFFICE STAFF

Ted Hewitt, Senior Staff Attorney

David Hopkinson, Staff Attorney

Katie Talbott, Legislative Editor

Danielle Creech, Associate Research Analyst

OTHERS PRESENT

AT

MEETING

Please refer to Appendix 1-02 to review the Committee Sign-in Sheet

for a list of other individuals who attended the meeting.

The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office

(LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not

represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by

the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office,

public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official

record of the meeting. An index of these materials is provided at the end of this document and these materials are

on file at the Legislative Service Office. For more information or to review meeting materials, please contact the

Legislative Service Office at (307) 777-7881 or by e-mail at lso@. The Summary of Proceedings for each

legislative committee meeting can be found on the Wyoming Legislature¡¯s website at .

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EXECUTIVE SUMMARY

The Joint Corporations, Elections and Political Subdivisions Committee (Committee) met for two days in

Cheyenne. The Committee received updates from the Secretary of State¡¯s Office concerning elections.

The Committee also received information regarding redistricting, licensing of insurance producers, and

discussed the creation of community development, creative and tourism special districts. The meeting can

be viewed on YouTube ¨C Joint Corporations, Elections and Political Subdivisions, June 7, 2021,

AM, PM, June 8, 2021, AM, PM.

C A L L T O O R D E R (M O N D A Y , J U N E 7, 2021)

Co-chairman Zwonitzer called the meeting to order at 9:00 AM. The following sections summarize the

Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting

Agenda.

ELECTIONS

State Campaign Finance Rules

Ted Hewitt, Senior Staff Attorney, Legislative Service Office (LSO), discussed state campaign finance

rules, including campaign finance rules for organizations and political action committees, and enforcement

of campaign finance rules, see Appendix 2-01.

Kai Schon, Secretary of State's Office, provided recommendations on changing the filing requirements for

Political Action Committees (PACs) for both receipts and expenditures. Mr. Schon also indicated that

stronger statutory definitions would be helpful.

Public Comment

Ken Chestick, Chair of Wyoming Promise, testified in support of Mr. Schon¡¯s recommendations.

Brett Glass, Laramie, expressed concern regarding partisan donations to nonpartisan races.

Committee Action

The Committee voted to direct LSO to draft two bills: one for expenditure reporting for PACs and another

regarding penalties and enforcement mechanisms for non-filing.

Absentee polling places

Kai Schon, Secretary of State¡¯s Office testified that the Wyoming County Clerk¡¯s Association has not

provided a specific timeline related to the issue of absentee polling places and thus the Office would like

more time to work with the association and discuss issue at the next Committee meeting.

Public Comment

Julie Freese, Fremont County Clerk, Wyoming County Clerks Association, informed the committee that

the clerks are working toward a consensus and concur with Mr. Schon that addressing the issue at the next

Committee meeting would be appropriate.

Gwynn Bartlett, Carbon County Clerk, detailed the clerks¡¯ ability to process absentee ballots prior to

election day but noted that the clerks have not agreed on an exact timeline. Ms. Bartlett provided

information about why processing prior to election day would help resolve the problem that exists under

current law combined with limited staff on election day.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE ? 200 West 24th Street ? Cheyenne, Wyoming 82002

TELEPHONE (307) 777-7881 ? FAX 307-777-5466 ? E-MAIL lso@ ? WEBSITE

PAGE 3 OF 8

Election Methods ¨C Possibility of Primary Runoff Election

Danielle Creech, LSO provided an overview of primary election processes in place throughout the U.S.,

see Appendix 2-02.

Kai Schon, Secretary of State¡¯s Office testified about logistics of changing the election structure to

provide for a primary runoff, including Constitutional amendments and cost. Mr. Schon indicated that the

clerks and Secretary of State have not identified a route by which election changes could be implemented

in time for the 2022 election, see Appendix 2-03.

Malcom Ervin, Platte County, President of County Clerks¡¯ Association testified about the cost associated

with implementing runoff elections in Wyoming. Mr. Ervin indicated that Wyoming elections have a high

level of integrity.

Ms. Bartlett discussed how primary election dates, filing dates, and legislative session dates would not

provide enough time to implement a new primary election process prior to the 2022 election.

Ms. Freese stated that their job is to administer elections and would like to work with the legislature and

hear their decision on moving forward. Ms. Freese explained that deferring to 2024 would make it more

doable to move forward with runoff elections.

Representative Neiman discussed the origin of the legislative effort to alter the primary election process.

Representative Neiman discussed constituent interests in runoff elections and the purpose of a pledge

moved forward during the 2020 session. Representative Neiman also indicated opposition to a rankedchoice voting system.

Public Comment

Brett Moline, Wyoming Farm Bureau Federation (WyFB), testified in support for the runoff election and

expressed interest in learning more about the potential need for a runoff election.

Gayle Simmons, Civics 307, presented information on elections and associated costs, see Appendix 2-07.

Cassie Craven and John Pudner, Take Back our Republic, discussed draft legislation on ranked-choice

voting and expressed support for such a system.

Linda Fritz, Crook County Clerk, explained why implementing a runoff in time for the 2022 election

would be a logistical problem, and indicated that she has no knowledge of substantiated complaints about

current elections procedures.

Representative Sweeney, House District 58, spoke in favor of the comments provided by the Crook

County Clerk and indicated perhaps this isn¡¯t a statewide issue. He urged the Committee to examine the

issue, but to resist making changes to the existing process.

Bern Hinkley, Laramie, would like the focus of elections to be finding the best candidates rather than

finding the best contenders per political party, which could best be accomplished via open primaries.

Bryan Miller questioned the necessity of a constitutional amendment to implement runoff elections as

well as the State¡¯s role in regulating a party-centric process.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE ? 200 West 24th Street ? Cheyenne, Wyoming 82002

TELEPHONE (307) 777-7881 ? FAX 307-777-5466 ? E-MAIL lso@ ? WEBSITE

PAGE 4 OF 8

Committee Action

The Committee voted for a bill to be drafted that would implement a ranked choice primary voting system

accompanied by a fiscal evaluation.

The Committee requested the LSO research the constitutionality of prohibiting write-in candidates in a

runoff election per Article 6, Section 11 of the Wyoming Constitution.

REDISTRICTING

Ben Williams and Christi Zamarripa, National Conference of State Legislatures (NCSL), provided an

overview of redistricting law from a national perspective and provided a 2020 census update, see Appendix

4-01.

Discussion on Article 3, Section 3 of the Wyoming Constitution

Ted Hewitt, LSO provided information regarding challenges to the redistricting plans specific to Wyoming.

Mr. Hewitt detailed the one person, one vote principle; see Appendix 4-02.

Michael Swank, LSO, provided details about the currently available census data as well as how the census

bureau masks sociological information to protect individuals¡¯ identities.

Julie Freese, Fremont County Clerk, expressed the clerks¡¯ willingness to collaborate with the committee

and indicated that Rich Greenwood, Greenwood Mapping, who assisted the 2010 redistricting effort is

willing to help with the current effort as well.

Public Comment

Ben Warnock, Precinct Committeeman, Laramie County, spoke against making changes to the election

process regarding committee precincts.

Bern Hinckley, Laramie, spoke in favor of adhering to ¡®one person, one vote¡¯ principle, and improving

upon the plus/minus 5% deviation.

Committee Action

Representative Clifford moved for reconsideration of a previously failed motion for the LSO to draft a top

two candidates primary election bill for the next meeting. The motion to reconsider passed, as did the

motion to draft the bill.

The Committee recessed at 4:40 p.m.

C A L L T O O R D E R (T U E S D A Y , J U N E 8, 2021)

Co-Chairman Zwonitzer called the meeting to order at 9:00 a.m.

INSURANCE

Jeff Rude, Commissioner, Department of Insurance (DOI), updated the committee on efforts regarding

reinsurance including collaboration with the blockchain task force to develop reinsurance standards.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE ? 200 West 24th Street ? Cheyenne, Wyoming 82002

TELEPHONE (307) 777-7881 ? FAX 307-777-5466 ? E-MAIL lso@ ? WEBSITE

PAGE 5 OF 8

Brian Stephens, DOI, requested that the committee shift the statutory producer licensing fees from the

producers to the continuing education providers, and update the scope of licensing standards to allow email

correspondence as an acceptable form of communication, see Appendix 5-01.

Committee Action

The Committee moved for a bill draft to work with the Department of Insurance to address the concerns

raised in Appendix 5-01.

CITIES, TOWNS, COUNTIES

AND

SPECIAL DISTRICTS

Creation of Creative Special Districts

Michael Lang, Executive Director, Wyoming Arts Council, discussed the scope of the arts and cultural

industry in Wyoming with details about the percentage of the state¡¯s workforce in the industry. Mr. Lang

also provided an overview of a report from the National Assembly of State Arts Agencies, (Appendix 601), and answered Committee questions regarding tying the arts and cultural industry into existing

tourism districts.

Public Comment

Tyler Cessor, ART321 and Wyoming Engage Council testified about his organization¡¯s dependence on

public development measures, and the ways that art can impact communities through substance abuse

treatment and reduction of youth recidivism. Mr. Cessor provided information about the current funding

instability and how cultural districts would provide more stability.

Matt Hall, Mayor of Cody, and Wyoming Association of Municipalities (WAM) President expressed

agreement with previous comments framing the arts as economic drivers for municipalities. Mr. Hall

provided examples of how the Cody Public Arts Committee has established funding and then detailed the

ways that enhancing the powers of local governing bodies to address the issues locally would be helpful.

Erin Taylor, Wyoming Arts Alliance, described creative special districts as ¡°another tool in the toolbox¡±

for local communities. Ms. Taylor suggested evaluating how other states use creative special districts to

get ideas for what will work in Wyoming.

Bill Lindstrom, Executive Director of Art Cheyenne, expressed that art makes communities more livable

to current residents and more attractive to potential residents.

Jerimiah Rieman, Wyoming County Commissioners Association (WCCA), expressed that members have

frustration with special districts broadly because without clear definitions, there are problems specifying

the role of the county commissioners and the counties in said districts which creates frustration for

members of the special districts toward the commissioners. Mr. Rieman detailed the complications and

confusion surrounding the dissolution of special districts and expressed favor toward standardization.

Lindsey Grant, Natrona County, gave the committee an overview of the various arts resources around the

state and opined that the districts can help fund and promote these communities. Ms. Grant provided

examples of challenges associated with funding and testified that the special district funding is one more

way to alleviate challenges associated with funding projects. Ms. Grant also gave examples of how

projects create jobs and support tourism and local restaurants.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE ? 200 West 24th Street ? Cheyenne, Wyoming 82002

TELEPHONE (307) 777-7881 ? FAX 307-777-5466 ? E-MAIL lso@ ? WEBSITE

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