Catch Title: HB0059 Bond Election Language Process

Sponsor: Representative(s) Lien, Bratten, Campbell, K, Heiner, Hoeft, Locke and Neiman and Senator(s) Ide and Steinmetz

Effective Date: July 1, 2026

Bill URL: https://www.wyoleg.gov/Legislation/2026/hb0059

Overview: This bill amends the process for submitting bond questions to voters by mandating that the bond’s purpose be stated in a “true and impartial manner”. It creates a new civil cause of action allowing qualified electors to challenge the impartiality of bond language in court. Crucially, the legislation prohibits the issuance of any bond while such a legal challenge is pending, including during the entirety of the appeals process, effectively staying infrastructure projects regardless of the election results until all litigation is finalized.

Key Provisions:

• Expanded Lead Time: Requires political subdivisions to provide written notification of the election date and the specific bond question to the county clerk at least 110 days before the election.
• Mandatory Language Disclosures: The bond question must include the purpose (stated truly and impartially), the maximum principal amount, the maximum term for indebtedness, and the maximum interest rate.
• Civil Cause of Action: Grants a qualified elector within the subdivision the right to sue the political subdivision if they allege the bond question is not stated in a “true and impartial manner”.
• Mandatory Issuance Stay: Prohibits a subdivision from issuing bonds under a challenged election until a court has entered a final judgment and all appeals have been exhausted or the time to file an appeal has expired.
• Rulemaking Authority: Authorizes the Secretary of State to create rules for bond elections that do not coincide with primary or general elections.

Implications:

• Standard of Impartiality: The bill creates significant legal uncertainty as the term “true and impartial manner” is [Ambiguous: The bill provides no objective criteria or definition for what constitutes ‘impartial’ language, making every bond question susceptible to subjective legal challenge].
• Risk of Multi-Year Project Delays: Because bonds cannot be issued while appeals are pending, a single lawsuit from one resident can block a voter-approved project for the duration of the state’s appellate process, even if the challenge is ultimately found to be without merit.
• Fiscal Hurdle for Local Subdivisions: The bill places a heavy fiscal burden on school districts and municipalities; they must fund the legal defense against such suits, and the delay in bond issuance may lead to significantly higher project costs due to construction inflation.
• Administrative Lead Time: The 110-day notification requirement significantly extends the planning window for local government entities, requiring them to finalize bond language months earlier than under current law.
• Elector Limitation: While the right to sue is limited to local electors, this does not prevent outside organizations from financing local litigation to block bond implementation.