Thomson v. Wyoming In-Stream Flow Committee

651 P.2d 778, 1982 Wyo. LEXIS 387
CourtWyoming Supreme Court
DecidedSeptember 22, 1982
Docket5750, 5750A
StatusPublished
Cited by96 cases

This text of 651 P.2d 778 (Thomson v. Wyoming In-Stream Flow Committee) 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
Thomson v. Wyoming In-Stream Flow Committee, 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

Opinions

RAPER, THOMAS and ROONEY, Justices, and GUTHRIE, Justice, Retired.

This appeal involves the role of the Secretary of State, appellant (Secretary), in the performance of her duties relating to initiative and referendum pursuant to Art. 3, § 52, Wyoming Constitution implemented by § 22-24-101, et seq., W.S.1977. Appel-lees (Committee) went through the preliminary procedures for initiating a proposed law for referral to the people by ballot at a statewide election. Petitions on Secretary-approved forms were circulated statewide. Upon submission of the petitions by the Committee to the Secretary containing some 30,822 signatures, she determined, through a review process, it lacked a sufficient number of signatures of qualified registered voters, was therefore improperly filed, and the proposed law could not be submitted to the electors at the 1982 general election.

The Committee was aggrieved by the determination and pursuant to § 22-24-122, W.S.1977, brought an action in the Laramie County District Court for review. The district judge reversed the decision of the Secretary and remanded the matter to her for preparation of a ballot proposition for the 1982 general election ballot, for the ultimate reason that the Secretary, as only a ministerial administrative officer, has no authority to challenge signatures or to inquire into the validity or the qualifications of the persons signing, and the petitions should have been presumed valid. On appeal, the Secretary presents the issue of whether that legal conclusion of the district judge is correct.

The other issues which we must consider are raised by the Committee in its cross appeal:

2. Is the Wyoming Initiative and Referendum Statute unconstitutional to the extent it requires signatures to be of qualified registered voters, rather than merely qualified voters?
3. The Secretary failed to follow the Administrative Procedure Act in adopting procedures for the handling and control of the initiative petitions and in making determinations of general applicability to initiative petitions.
4. Even assuming the Secretary had either the authority or obligation to conduct a verification procedure, the procedure adopted by the Secretary was arbitrary, capricious and characterized by an abuse of discretion.
5. The Secretary’s decision was arbitrary, capricious, and characterized by an abuse of discretion or otherwise unlawful [781]*781for failure to explain how she arrived at her facts and conclusions.

Because of an interplay between the issues, they are not sharply divided in our discussion.

The subject matter of the proposed in-stream flow law is immaterial to our consideration and decision.1

We will reverse the district court and reinstate the Secretary’s determination.

Article 3, § 52, Wyoming Constitution with respect to initiative and referendum provides in pertinent part:

“(a) The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.
“(b) An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred (100) qualified voters as sponsors, and shall be filed with the secretary of state. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review.
“(c) After certification of the application, a petition containing a summary of the subject matter shall be prepared by the secretary of state for circulation by the sponsors. If signed by qualified voters, equal in number to fifteen per cent (15%) of those who voted in the preceding general election and resident in at least two-thirds (⅜) of the counties of the state, if [it] may be filed with the secretary of state.
“(d) An initiative petition may be filed at any time except that one may not be filed for a measure substantially the same as that defeated by an initiative election within the preceding (5) years. The secretary of state shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty (120) days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void.
*S * ⅜8 * * *
“(f) * * * Additional procedures for the initiative and referendum may be prescribed by law.”

The constitutional provisions have been implemented as authorized by § 52(f), supra, by additional procedures through § 22-24-101, et seq., W.S.1977, which read in pertinent part:

Section 22-24-114:
“(a) Before petition is filed, it shall be verified by the sponsor who personally circulated it. The verification shall be in affidavit form and shall state in substance that:
“(i) The person signing the affidavit is a sponsor and is the only circulator of that petition;
“(ii) The signatures on the petition were made in his presence; and “(iii) To the best of his knowledge, such signatures are those of the persons whose names they purport to be. In determining the sufficiency of the petition, the secretary of state shall not count signatures on petitions not properly verified.” Section 22-24-115:
“The sponsors may file petitions with the secretary of state if signed by qualified registered voters equal in number to fifteen percent (15%) of those who voted in the preceding general election and resident in at least two-thirds of the counties [782]*782of the state. The sponsor of a petition for referendum may file the same only within ninety (90) days after the adjournment of the legislative session at which the act was passed. The ninety (90) day limitation shall not apply with reference to an act passed previous to January 1, 1973, if the application is filed prior to June 10, 1973.”
Section 22-24-116:
“(a) Within not more than sixty (60) days of the date the petition is filed, the secretary of state shall review it and shall notify the committee whether the petition was properly or improperly filed. The petition shall be determined to be improperly filed if:
“(i) There is an insufficient number of signatures of qualified registered voters;
“(ü) The subscribers were not resident in at least two-thirds of the counties of the state; or
“(iii) The petition is for referendum and was not filed within ninety (90) days after the adjournment of the legislative session at which the act was passed. The ninety (90) day limitation shall not apply with reference to an act passed previous to January 1, 1973, if the application is filed prior to June 10, 1973.”

Within these constitutional and statutory provisions we see key expressions and words which will unlock the answer to the issues before us.

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Bluebook (online)
651 P.2d 778, 1982 Wyo. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomson-v-wyoming-in-stream-flow-committee-wyo-1982.