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ORDINANCE NO. 2198
REFERENDUM ELECTION
An Ordinance establishing the procedures and fixing the date for
a referendum election onCharter Ordinance No. 2202.
WHEREAS, the City Governing Body approved Charter Ordinance 2202
on July 1 st, 2019; and
WHEREAS, Charter Ordinance 2202 was published on July 9th, 2019
and July 17th, 2019; and
WHEREAS, a petition calling for a referendum election on Charter
Ordinance 2202 wassubmitted on September 16, 2019, which was within
the sixty ( 60) days of the secondpublication of Charter Ordinance
2202, with signatures of more than ten percent ( 10%) of the
number of votes cast in the 2018 general election; and
WHEREAS, Article 13, Sectionl (c) of the Wyoming Constitution
requires an ordinanceestablishing procedures and fixing the date of
the referendum election to be passed by the CityGoverning Body.
BE IT ORDAINED BY THE CITY OF SHERIDAN GOVERNING BODY
Section 1.
a. That the referendum election on Charter Ordinance 2202 shall
be held on November
5th, 2019 between the hours of 7: 00 a.m. and 7: 00 p.m. at the
following locations:
i. District/Precinct 1- 1: Ed Hammer, Inc., 107 East Alger
St.
ii. District/Precincts 2- 1, 2- 2, 2- 3, 2- 4, 2- 5: Fairgrounds
Exhibit Hall, 1753Victoria St.
iii. District/ Precinct 3- 2: Sheridan County Courthouse, 224 S.
Mainiv. District/ Precincts 3- 3, 4- 3, 4- 4: Holy Name Church, 260
E. Loucks St.
v. District/ Precinct 3- 4: The Rock Church, 1100 Big Horn Ave.
vi. District/ Precinct 3- 5: Calvary Baptist Church, 1660 Big Horn
Ave. vii. District/Precinct 4- 2 Water Products & Solutions,
1831 S. Sheridan Ave.
b. All polling locations shall be subject to the rules regarding
polling place regulationspursuant to W.S. § 22- 13- 101 et. al.
c. That the question on the paper ballot shall be " Shall
Charter Ordinance 2202, City ofSheridan City Administrator, take
effect?"
d. The answer to the question shall be made by marking an " X"
in the squareimmediately to the left of the question on a non
-coded paper ballot for:
YES - CHARTER ORDINANCE 2202 SHALL TAKE EFFECT" or
NO- CHARTER ORDINANCE 2202 SHALL NOT TAKE EFFECT"
e. Sufficient Sheridan County qualified electors shall be
appointed to serve as electionjudges by the City of Sheridan Clerk.
A minimum of three ( 3) election judges shall be
assigned to each district/ precinct and additional judges may be
assigned to registrationtables. Election judges shall not be City
of Sheridan employees.
f. A Canvassing Board is established and shall consist of the
City of Sheridan Clerk, Sheridan County Election Supervisor and one
( 1) person who shall be agreed upon by theCity of Sheridan Clerk
and the Sheridan County Election Supervisor.
g. After the polls are closed, the election judges shall count
and tally the votes for anunofficial result. The votes and results
shall be presented to the Canvassing Board forcertification.
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h. The City of Sheridan Governing Body shall meet for a special
meeting on November7th, 2019 at 5: 30 p.m. to accept the results of
the special election.
i. Any person who is eligible to be a qualified voter may
register to vote on the day of theelection at the designated
polling location for their district/ precinct.
j. Absentee ballots shall be made available upon request to the
City of Sheridan by anyCity of Sheridan qualified voter pursuant to
W. S. § 22- 9- 102, W. S. § 22- 9- 104 and
following rules and procedures.
i. A qualified elector may request an absentee ballot in person,
by phone or inwriting. Any applicant may register to vote in person
as allowed per WyomingStatute.
ii. If the City of Sheridan determines that the applicant for an
absentee ballot isentitled to vote, the City of Sheridan shall mark
the application " Accepted" and
the absentee ballot, instructions for marking the absentee
ballot and the required
envelope for returning the absentee ballot shall be distributed
to the applicant. The return envelope shall include an affidavit
pursuant to W.S. § 22- 9- 111.
iii. Absentee ballots may be requested beginning October 14,
2019 through
November 4, 2019 at 5: 00 p.m. Absentee ballots must be returned
to the City ofSheridan Clerk' s Office no later than November 5,
2019 by 7: 00 p.m. Anyabsentee ballot not received by the City of
Sheridan Clerk by 7: 00 p. m. onNovember 5, 2019 shall not be
valid.
iv. The City of Sheridan shall appoint an Absentee Ballot Board
consisting of atleast two ( 2) members.
v. The City of Sheridan, upon receipt of the absentee ballot,
shall determine from the
affidavit the correct district/ precinct. The envelope
containing the absentee ballotshall be placed in the district/
precinct sealed box until delivered to the Absentee
Ballot Board. Delivery of the district/ precinct sealed box must
occur on election
day to the Absentee Ballot Board upon the polls being closed.
The determinationof the validity of the absentee ballot and
envelope shall be pursuant to WyomingStatute and Election Rules
established by the Wyoming Secretary of State.
vi. Determination of the validity of an absentee ballot shall be
determined by theAbsentee Ballot Board and Canvassing Board. All
absentee ballots received andcounted by the Absentee Ballot Board
shall be delivered to the CanvassingBoard for formal acceptance or
rejection.
k. The public, press, and elected officials, unless specifically
authorized by thisOrdinance or the City of Sheridan Clerk, shall
not be allowed to oversee or review the
Canvassing Board while the Canvassing Board is reviewing and
counting the ballots.
1. The public, press and elected officials, unless specifically
authorized by thisOrdinance or the City of Sheridan Clerk, shall
not be allowed to oversee or review the
election judges or the Absentee Ballot Board while such
officials are reviewing andcounting the ballots.
Section 2. The City of Sheridan hereby adopts W. S. § 22- 26-
102 through 121. Any personconvicted of violating any provision W.
S. § 22- 26- 102 through 121 may be punished by a fineof not more
than $ 750. 00 and six months in jail.
Section 3. If any section, paragraph, clause or provisions of
this Ordinance be for any reasonheld invalid or unenforceable, the
invalidity of such section, paragraph, clause or provision shallnot
affect any of the remaining provisions of this Ordinance, the
intention being that the variousprovisions hereof are
severable.
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Section 4. Pursuant to the Wyoming Constitution, Article 13,
Section 1( c), the City of Sheridanhas the authority to establish
the procedures of this referendum election. As such, any
WyomingStatute which is in conflict with this Ordinance shall be
inapplicable to the extent necessary.
Section 5. All orders, resolutions and Ordinances or parts
thereof in conflict with this Ordinance
are hereby repealed to the extent of their inconsistency.
Section 6. Declaration of Emergency and Effective Date. By
reason of the fact that Article13, Section 1( c) of the
Constitution of the State of Wyoming requires an ordinance
establishingprocedures and fixing the date of the special election,
it is necessary to immediately authorize theprocedures and fix the
date and time of the election in order to ensure that such an
election
occurs within the time required by Article 13, Section 1( c). It
is hereby declared that an
emergency exists, that this Ordinance is necessary for the
immediate preservation of the publicpeace, health, safety and
welfare and that it shall be in full force and effect from and
after itspassage and approval. The Governing Body, by three-
fourths ( 3/ 4) vote of the sitting members, per W.S. § 15- 1- 115,
hereby suspends the requirements to read the Ordinance three ( 3)
times andsuspends the required ten ( 10) day delay prior to
implementation.
Section 7. That this Ordinance shall be in full force and effect
immediately upon its passage. This Ordinance shall be published
once per week for three weeks per Wyoming ConstitutionArticle 13,
Section 1( c).
PASSED, APPROVED AND ADOPTED this 7th day of October, 2019.
ATTEST:
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City of Sheridan
Published: October 11th, 2019, October 16th, 2019 and October
23rd, 2019
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SEAL:O: