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.

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.

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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