Catch Title: Removal of County Officers-Election Code Violations
Sponsor: Management Audit Committee
Effective Date: July 1, 2026
Bill URL: https://www.wyoleg.gov/Legislation/2026/HB0086
Overview
HB0086 amends the Wyoming statutes governing the removal of county officers to grant the Secretary of State explicit authority to file a verified complaint with the Governor against a county clerk. This authority is strictly limited to instances of alleged misconduct or malfeasance involving violations of the Wyoming Election Code. The legislation formalizes a state-to-local oversight mechanism that was previously restricted to local electors or county boards.
Key Provisions
- Authorizes the Secretary of State to submit a verified complaint to the Governor for the removal of a county clerk.
- Limits the Secretary of State’s complaint power to violations of the Wyoming Election Code of 1973.
- Maintains the Governor’s role as the intermediary who must decide whether to direct the Attorney General to commence court action.
- Ensures that any removal action must still be prosecuted in district court through a verified petition filed by the Attorney General.
- Preserves the independent rights of qualified electors and county commissioners to file complaints against any county officer.
Implications
- Formalized Standing: The bill grants the Secretary of State a “seat at the table” in initiating removal, resolving previous disputes over whether the state’s chief election officer had standing to act against independently elected county clerks.
- Judicial Due Process: Removal is not an administrative dismissal; the bill reinforces that a clerk can only be removed following a judicial process in district court, providing a safeguard against purely political removals.
- Limited Scope: The Secretary of State’s authority is narrowly tailored to clerks and election violations, meaning other county officers (such as treasurers or sheriffs) remain outside this specific oversight.
- High Legal Bar: By utilizing the “misconduct or malfeasance” standard, the bill requires evidence of significant wrongful acts rather than minor administrative errors to justify removal.
- 2026 Election Cycle: The July 1, 2026, effective date means this oversight mechanism will be fully operational during the upcoming 2026 election cycle.