Shumway v. Worthey

2001 WY 130, 37 P.3d 361, 2001 Wyo. LEXIS 154, 2001 WL 1674245
CourtWyoming Supreme Court
DecidedDecember 20, 2001
Docket01-171
StatusPublished
Cited by21 cases

This text of 2001 WY 130 (Shumway v. Worthey) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shumway v. Worthey, 2001 WY 130, 37 P.3d 361, 2001 Wyo. LEXIS 154, 2001 WL 1674245 (Wyo. 2001).

Opinion

HILL, Justice.

[¶ 1] Appellants are the City of Laramie (Laramie) and its Mayor, Joe Shumway (Shumway). Appellees are members of a group of petitioners (hereafter Petitioners) who sought to alter Laramie's method of electing the members of the city council. Petitioners succeeded in obtaining the requisite number of signatures on their petition, so that in an election held on November 7, 2000, Laramie voters considered a ballot question that included three options: (1) "Shall the city councilmen be elected at large? (Current method of selection)"; (2) "Shall the city councilmen be elected by wards? (Nine wards)"; and (8) "Shall the city councilmen be elected by a combination of wards and at large as follows: Divide Laramie into seven wards, one councilman per ward, with two councilmen elected at large?" Retention of the current at large method garnered 80.78% of the vote, the nine-ward system 18.44%, and the 7/2-ward system 48.65%. Wyo. Stat. Ann. § 15-11-105(b)(iv) (LexisNexis 2001) (emphasis added) 1 requires that such a question be placed *363 on the ballot in that form. Wyo. Stat. Ann. § 15-11-105(b)(v) provides: "The method approved by a plurality vote shall be proclaimed adopted by the mayor." The Mayor of Laramie 2 refused to issue such a proclamation on the theory that the statute was unconstitutional and/or that the statute had to be construed in light of other later statutes, which impliedly repealed the "plurality" provision. The Petitioners then filed a declaratory judgment action in the district court seeking an order of the district court that Shumway issue the legislatively mandated proclamation. The district court agreed with the Petitioners and ordered Shumway to issue a proclamation adopting the 7/2-ward system. Laramie and Shumway have appealed that order, which we will affirm.

ISSUES

[¶ 2] Laramie and Shumway state these issues:

I. Wyo. Stat. Ann,. § 15-11-105, as read by appellees, prescribes an unconstitutional method of deciding the outcome of a ballot proposition election because the method violates Article I [sic] Section 27 of the Wyoming Constitution which requires all elections to be free and equal.
II. The 1998 change in the Election Code requires all ballot propositions to pass by a majority, impliedly repealing the inconsistent plurality language in Wyo. Stat. Ann. § 15-11-105.
III. Wyo. Stat. Ann. § 15-11-105, as read by appellees and the district court, pre-seribes an unconstitutional method of deciding the outcome of a ballot proposition election because the method violates the Fourteenth Amendment to the Constitution of the United States of America.

Petitioners re-articulate the issues as follows:

1. The plain and unambiguous language of W.S. § 15-11-105(b) (2000), requires the mayor of Laramie to proclaim as adopted the 7/2 ward system method for electing council members that was approved by the voters at the November 7, 2000 election.
2. The Appellant's have waived their arguments that W.S. § 15-11-105(b) (2000) allows only a single-subject petition and that W.S. § 15-11-105(b) was impliedly re *364 pealed by a more recently enacted election code provision, because these arguments were not raised in the district court.
8. The plain language of W.S. § 15-11-105(b) (2000) authorizes petitions to include two alternative methods of selecting council members and is fully consistent with other Wyoming election code provisions.
4. The District Court's construction of W.S. § 15-11-105(b) (2000) does not violate any federal constitutional guarantees.

FACTS

[¶ 3] The parties agreed to the essential facts. Petitioners organized an effort to alter Laramie's method of electing the members of the city council. Before their efforts began, all nine members of the city council were elected on an at large basis. Wyo. Stat. Ann. § 15-11-105(b)(@)-(iv) provides:

(b) Councilmen in a municipality adopting the city manager form of government shall be elected at large, unless a petition requesting an alternate method of selection by wards, or by a combination of wards and at large, is approved at a special election on the question by a majority vote of the electors voting on the question:
(i) Such petition shall be signed by not less than ten percent (10%) of the qualified electors registered in the municipality;
(i) If the petition is for a combination of wards and at large, it shall state the number of wards, the number of councilmen to be elected from each ward, and the number of councilmen to be elected at large. A petition seeking ward representation or combination of wards and at large shall contain the names of petitioners to serve on the ward boundary committee;
(iii) The petition shall be filed with the city clerk, who shall determine whether the petition is legally sufficient;
(iv) If the petition is legally sufficient, the question shall be submitted to the voters at a special municipal election and shall be in the following form:

The Petitioners submitted petitions to the Albany County Clerk with the requisite number of signatures. The wording of the petition soliciting signatures of eligible Laramie voters was this:

THIS PETITION IS TO CHANGE THE METHOD OF SELECTING THE MEMBERS OF THE CITY COUNCIL OF LARAMIE, WYOMING IN ACCORDANCE WITH WYOMING STATUTE 15-11-105. CHANGING FROM THE CURRENT AT LARGE SYSTEM TO ONE OF THE FOLLOWING OPTIONS:
To divide Laramie into nine wards, one councilman per ward. Or to divide Laramie into seven wards, one councilman per ward, with two councilmen elected at large.

[{ 4] The Albany County Clerk ascertained that the petition was legally sufficient and directed that the question should be submitted to the voters at the November 7, 2000 General Election. At that election, the question appeared on the ballot in this form:

MUNICIPAL BALLOT PROPOSITION
Please vote on the following alternative methods of selection for city councilmen. Vote Yes on one proposition only.
1. Shall the city councilmen be elected at large? (Current method of selection)
YES
NO
2. Shall the city councilmen be elected by wards? (Nine wards)
YES
NO
3. Shall the city councilmen be elected by a combination of wards and at large as follows:
Divide Laramie into seven wards, one councilman per ward, with two councilmen elected at large?
YES
NO

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Bluebook (online)
2001 WY 130, 37 P.3d 361, 2001 Wyo. LEXIS 154, 2001 WL 1674245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shumway-v-worthey-wyo-2001.