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2005 General Session
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In 2004, the Wyoming Legislature passed legislation to require political candidates to file contribution and expenditure reports before and after both primary and general elections.
Under the 2004 law, if a candidate didn't file required pre-election reports by the deadline, their name was placed on a list and publicly posted, and they could be charged with a misdemeanor.
If a candidate didn't file required contribution and expenditure reports within the time required after an election, the candidate's win could not be certified, the candidate could not assume the duties of the office to which they were elected, and they could be charged with a misdemeanor.
After the 2004 elections, a number of candidates for the state legislature (including both newly elected candidates as well as incumbents) did not file the required reports, even though they had been notified of the requirement and the penalties for not complying. If state law had been followed, the election of those candidates would not have been certified, and they would have been denied the offices.
But after much hand wringing and discussion about whose fault it was that the reports weren't received by the deadline, Wyoming's Attorney General Pat Crank offered his opinion that the Legislature didn't really mean to deny candidates the office to which they had been elected. So the infractions were forgiven and the candidates were certified.
HB 81 was advanced in response to the problems encountered during the 2004 election. HB 81 removed the non-certification and misdemeanor penalties from state statutes for failure to file required reports within the time specified. Instead, candidates who fail to file the required reports will be subject to a civil penalty and costs, including attorney's fees up to $500 plus a fine of up to $1000, but their certification and ability to assume the duties of the office will be unaffected.
Supporters of HB 81 believed the penalties adopted in 2004 for failure to file the required reports were too harsh.
Opponents of HB 81 argued that strong penalties were appropriate to ensure that candidates take the reporting requirements seriously, and that if candidates can't or won't follow Wyoming law, they shouldn't be allowed to hold public office.
HB 81 passed the House, 53-4 (3 excused), passed the Senate, 28-2, and was signed into law by Governor Freudenthal. The votes listed below are the House and Senate third reading votes. A YES vote means the legislator wanted to replace current penalties for failure to file required campaign contribution and expenditure reports with a civil penalty. A NO vote means the legislator did not want to change the current penalties.
| Bighorn Basin Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 18 | Hank Coe (R) | Yes | |
| H 24 | Colin Simpson (R) | Yes | |
| H 50 | Pat Childers (R) | Yes | |
| S 19 | Laness D. Northrup (R) | Yes | |
| H 25 | Alan Jones (R) | Yes | |
| H 26 | Elaine Harvey (R) | Yes | |
| S 20 | Gerald E. Geis (R) | No | |
| H 27 | Debbie Hammons (D) | Yes | |
| H 28 | Lorraine Quarberg (R) | Yes | |
| Casper-Area Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
|
| S 27 | John Barrasso (R) | Yes | |
| H 35 | Roy Cohee (R) | Yes | |
| H 36 | Gerald Gay (R) | Yes | |
| S 28 | Kit Jennings (R) | Yes | |
| H 56 | Tom Walsh (R) | Yes | |
| H 57 | Thomas A. Lockhart (R) | Yes | |
| S 29 | Bill Hawks (R) | Yes | |
| H 37 | Steve Harshman (R) | Yes | |
| H 59 | Mary Gilmore (D) | Yes | |
| S 30 | Charles K. Scott (R) | Yes | |
| H 38 | Bob Brechtel (R) | Yes | |
| H 58 | Ann Robinson (D) | Yes | |
| Cheyenne-Area Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 4 | Tony Ross (R) | Yes | |
| H 7 | Doug Samuelson (R) | Yes | |
| H 41 | Becket Hinckley (R) | Yes | |
| S 5 | John Hanes (R) | Yes | |
| H 8 | Larry Meuli (R) | Yes | |
| H 42 | Pete Illoway (R) | Yes | |
| S 6 | Wayne H. Johnson (R) | Yes | |
| H 9 | Bryan Pedersen (R) | Yes | |
| H 10 | Rodney "Pete" Anderson (R) | Yes | |
| S 7 | Kathryn Sessions (D) | Yes | |
| H 11 | Wayne Reese (D) | No | |
| H 43 | Dan Zwonitzer (R) | No | |
| S 8 | E. Jayne Mockler (D) | Yes | |
| H 12 | Layton Morgan (D) | Yes | |
| H 44 | Floyd Esquibel (D) | Yes | |
| Gillette-Area Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 23 | John Hines (R) | Yes | |
| H 31 | Thomas E. Lubnau II (R) | Yes | |
| H 52 | Burke Jackson (R) | Excused | |
| S 24 | Michael Von Flatern (R) | Yes | |
| H 32 | Jeff Wasserburger (R) | No | |
| H 53 | Frank Latta (R) | Yes | |
| Lander/Riverton-Area Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 25 | Cale Case (R) | Yes | |
| H 33 | W. Patrick Goggles (D) | Yes | |
| H 54 | Del McOmie (R) | Yes | |
| S 26 | Robert A. Peck (R) | Yes | |
| H 34 | Frank Philp (R) | Excused | |
| H 55 | David Miller (R) | Yes | |
| Northeast/East Central WY Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 1 | C.L. Townsend (R) | Yes | |
| H 1 | Mark Semlek (R) | Yes | |
| H 2 | Ross Diercks (D) | Yes | |
| S 2 | Jim Anderson (R) | Yes | |
| H 5 | James C. Hageman (R) | Yes | |
| H 6 | Dave Edwards (R) | Yes | |
| S 3 | Curt Meier (R) | Yes | |
| H 3 | Deborah Alden (R) | Yes | |
| H 4 | Edward A. Buchanan (R) | Yes | |
| Sheridan-Area Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 21 | Bruce Burns (R) | Yes | |
| H 29 | Jerry Iekel (R) | Yes | |
| H 51 | Rosie Berger (R) | Yes | |
| S 22 | John Schiffer (R) | Yes | |
| H 30 | Jack Landon (R) | Yes | |
| H 40 | Doug Osborn (R) | Yes | |
| South Central WY Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 9 | Mike Massie (D) | Yes | |
| H 13 | Jane Warren (D) | Yes | |
| H 45 | Kevin A. White (R) | Yes | |
| S 10 | Phil Nicholas (R) | Yes | |
| H 14 | Kermit C. Brown (R) | Yes | |
| H 46 | James Slater (R) | Yes | |
| S 11 | Bill Vasey (D) | No | |
| H 15 | George Bagby (D) | Yes | |
| H 47 | Kurt Bucholz (R) | Yes | |
| Southwest WY Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 12 | Rae Lynn Job (D) | Yes | |
| H 48 | Marty Martin (D) | Yes | |
| H 16 | Pete Jorgensen (D) | Yes | |
| S 13 | Tex Boggs (D) | Yes | |
| H 17 | Stephen Watt (R) | No | |
| H 60 | Bill Thompson (D) | Yes | |
| S 14 | Stan Cooper (R) | Yes | |
| H 18 | Mick Powers (R) | Yes | |
| H 39 | John Hastert (D) | Yes | |
| S 15 | Ken Decaria (D) | Yes | |
| H 19 | Owen Petersen (R) | Yes | |
| H 49 | Bruce Barnard (R) | Yes | |
| West Central WY Legislators | House 3rd 1/19/05 | Senate 3rd 2/16/05 |
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| S 16 | Pat Aullman (R) | Yes | |
| H 20 | Kathy Davison (R) | Yes | |
| H 21 | Randall Luthi (R) | Yes | |
| S 17 | Grant Larson (R) | Yes | |
| H 22 | Monte Olsen (R) | Excused | |
| H 23 | Keith Gingery (R) | Yes | |
See Southwest Region for H 16 and S 12 | |||