§ 22-25-101 — Definitions; statement of formation

(a) Repealed By Laws 1998, ch. 100, § 5.
(b) A political action committee and a candidate's
campaign committee, except those formed under federal law, shall
file a statement of formation within ten (10) days after
formation. This filing is required when any political action
committee or candidate's campaign committee is formed, whether
before an election to aid in the campaign or formed after an
election to defray campaign debts incurred. The chairman and
treasurer of a committee shall be separate individuals. The
statement of formation shall list the name and mailing address
of the committee, name and address of the committee chairman and
treasurer, date committee formed and the purpose of committee.
The statement of formation shall be filed in those offices as
provided by W.S. 22-25-107.
(c) Any organization that receives contributions or
expends funds totaling in aggregate more than one thousand
dollars ($1,000.00) for the purpose of causing independent
expenditures or electioneering communications to be made shall
file a statement of formation for the purpose of filing campaign
reports in accordance with W.S. 22-25-106(h). Any organization
that has not previously filed a statement of formation that is
required by this subsection shall file a statement of formation
within ten (10) days of causing or intending to cause the
independent expenditure or electioneering communication to be
made in any primary, general or special election or within
twenty-four (24) hours if the independent expenditure or
electioneering communication is made within ten (10) days of any
primary, general or special election. The statement of
formation as referenced in this subsection shall be filed in
those offices as provided by W.S. 22-25-107 and shall list the:
(i) Name and mailing address of the organization;
(ii) Name and mailing address of the organization's
chairman and treasurer, if applicable, or the organization's
designee;
(iii) Date the organization formed; and
(iv) Purpose of the organization.
(d) As used in this chapter:
(i) "Electioneering communication" means, except as
otherwise provided by paragraph (ii) of this subsection, any
communication, including an advertisement, which is publicly
distributed as a billboard, brochure, email, mailing, magazine,
pamphlet or periodical, as the component of an internet website
or newspaper or by the facilities of a cable television system,
electronic communication network, internet streaming service,
radio station, telephone or cellular system, television station
or satellite system and which:
(A) Refers to or depicts a clearly identified
candidate for nomination or election to public office or a
clearly identified ballot proposition and which does not
expressly advocate the nomination, election or defeat of the
candidate or the adoption or defeat of the ballot proposition;
(B) Can only be reasonably interpreted as an
appeal to vote for or against the candidate or ballot
proposition;
(C) Is made within thirty (30) calendar days of
a primary election, sixty (60) calendar days of a general
election or twenty-one (21) calendar days of any special
election during which the candidate or ballot proposition will
appear on the ballot; and
(D) Is targeted to the electors in the
geographic area:
(I) The candidate would represent if
elected; or
(II) Affected by the ballot proposition.
(ii) "Electioneering communication" does not mean:
(A) A communication made by an entity as a
component of a newsletter or other internal communication of the
entity which is distributed only to members or employees of the
entity;
(B) A communication consisting of a news report,
commentary or editorial or a similar communication, protected by
the first amendment to the United States constitution and
article 1, section 20 of the Wyoming constitution, which is
distributed as a component of an email, internet website,
magazine, newspaper or periodical or by the facilities of a
cable television system, electronic communication network,
internet streaming service, radio station, television station or
satellite system;
(C) A communication made as part of a public
debate or forum that invites at least two (2) opposing
candidates for public office or one (1) advocate and one (1)
opponent of a ballot proposition or a communication that
promotes the debate or forum and is made by or on behalf of the
person sponsoring or hosting the debate or forum;
(D) The act of producing or distributing an
electioneering communication.
(iii) "Independent expenditure" means an expenditure
that is made without consultation or coordination with a
candidate, candidate's campaign committee or the agent of a
candidate or candidate's campaign committee and which expressly
advocates the:
(A) Nomination, election or defeat of a
candidate; or
(B) Adoption or defeat of a ballot proposition.
(iv) "Organization", as used in this chapter, means
any corporation, partnership, trade union, professional
association or civic, fraternal or religious group or other
profit or nonprofit entity or any other entity influencing an
election, except a political party, political action committee
or candidate's campaign committee.