SHERIDAN, WY – Wyoming Liberty Group attorney Steve Klein testified before the Joint Corporations, Elections and Political Subdivisions Committee today at their first meeting before the 2015 Legislative Session. Klein testified in favor of changes to the Wyoming Election Code that relate to collecting signatures for ballot petitions.
"Under the Wyoming Constitution, it is very difficult for Wyomingites to vote on a law passed by the legislature—known as a referendum—or to propose a new law to be voted on during an election—known as an initiative," said Klein. "Either requires lots of signatures from across the state. Although these hurdles arguably protect representative government, some of the state law restrictions on collecting signatures for initiatives and referenda infringe upon free speech rights."
The Wyoming Election Code requires anyone circulating petitions for ballot measures to be a Wyoming resident and prohibits paying circulators on a per-signature basis. Before the close of the 2014 Wyoming Budget Session, Klein provided the committee with a memorandum detailing the unconstitutionality of these laws and encouraged the committee to discuss the topic in the interim.
"Laws just like Wyoming's residency and payment requirements have been struck down in numerous federal courts on free speech grounds," said Klein. "The legislature should be proactive and reform the Wyoming Election Code to comply with the First Amendment."
Klein intends to testify again tomorrow about the effect of the United States Supreme Court's recent decision McCutcheon v. Federal Election Commission on Wyoming law.