Wyo. Code R. 002-0005-21
Effective Date: 03/30/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0005.21.03302020
Section 1. Authority. The Secretary of State, pursuant to Wyoming Statute 22-25-105, may promulgate such rules as are necessary to implement and maintain the electronic campaign finance information system.
Section 2. Purpose. These rules establish the forms, instructions and procedures for reporting contributions and expenditures for Primary, General, and Special Elections.
Section 3. Applicability. These rules shall apply to all persons that Wyoming law requires to file campaign finance reports.
Section 4. Definitions.
(a) “Account” means the online account established by any person for reporting campaign contributions and expenditures.
(b) “Address of record” means any physical mailing address or email address of a person or officer on a Wyoming Campaign Finance Information System (WYCFIS) account.
(c) “Committee” means a candidate’s campaign committee or a political action committee.
(d) “In-kind contribution” means a donation of a good, service, or any item of value in place of a monetary donation.
(e) “Person” means any individual or entity, including candidate campaign committees, political action committees, political parties, organizations supporting or opposing any ballot proposition or causing electioneering communications or independent expenditures to be made, or any other persons, committees, or organizations, that Wyoming law requires to file campaign finance statements.
(f) “Responsible party” means a candidate, committee officer, chairman, treasurer, or other person that W.S. 22-25-106 requires to file campaign finance reports.
(g) “WYCFIS” means the electronic Wyoming Campaign Finance Information System.
Section 5. Establishing an Account.
(a) All persons who are required by law to electronically sign and electronically file campaign finance reports using WYCFIS must establish a WYCFIS account.
(b) Persons establishing a WYCFIS account must provide all information requested by WYCFIS.
(c) All persons shall keep their email addresses and all other contact information in their WYCFIS account current.
(d) The Secretary of State's Office shall send all correspondence to a person's or officer's address of record.
(e) If a candidate has not created a WYCFIS account by July 1 of the election year in which they are running, the Secretary of State's Office shall create the candidate's WYCFIS account. The candidate must file campaign finance reports using their WYCFIS account.
(f) The Secretary of State's Office shall review all WYCFIS account applications for compliance with the law and these rules. The Secretary of State's Office shall reject any WYCFIS account application that is incomplete or does not contain all required information. In addition, the Secretary of State's Office may reject any WYCFIS account application for the following reasons:
(i) A person is applying as a candidate for a position for which they are not qualified; or
(ii) A person is using a fictitious or false name.
(g) If the original purpose for a candidate's campaign committee or a political action committee changes after they have created a WYCFIS account, or a candidate decides to seek a new office after their campaign committee has already created a WYCFIS account, the committee must create a new committee account for the new purpose.
(h) The Secretary of State's Office may remove an account from active status if the responsible party fails to file required reports. Removing an account from active status does not absolve the responsible party's statutory obligation to file campaign finance reports. To reactivate the account, the responsible party must notify the Secretary of State's Office in writing of their intent to file a report. Once the Secretary of State's Office reactivates the account, the responsible party shall file their report within ten (10) days after reactivation.
(a) The Secretary of State's Office shall consider an electronic WYCFIS account application form to be signed when the responsible party types his or her name on the form and checks the box stating that the responsible party has read and understood the WYCFIS terms and conditions and that he or she declares, under penalty, of perjury that the information is true and correct.
(b) Typed signatures must match the name as previously entered on the account application form in WYCFIS.
(a) An application to set up a WYCFIS account may be filed at any time, but the Secretary of State's Office must approve an application before a person can file any campaign finance reports.
(b) Campaign finance reports must be electronically filed before midnight on the last day for filing a required campaign finance report.
(c) Write-in candidates must file a contribution and expenditure report pursuant to W.S. 22-25-106(a), regardless of whether the candidate has received or expended funds, unless the candidate did not actively seek office.
(d) A Special Election under W.S. 22-16-122 shall be considered a continuation of the election, whether Primary or General, for purposes of campaign finance reporting.
(i) In a Special Election, persons shall report their contributions and expenditures using the amendment process in WYCFIS.
(ii) Contributions received or expended for a Special Election must be designated as such in WYCFIS.
(a) Any committee that receives regularly scheduled payroll deductions or automatic monthly contributions from individuals pursuant to W.S. 22-25-102(h) may report those contributions cumulatively by individual at each required reporting period, providing the committee retains documentation of each contribution.
(b) Any person may transfer funds from their campaign account to any other campaign account. Such transfer of funds is an expenditure and the receipt of such funds is a contribution. Both must be reported.
(a) At the end of an election cycle, the Secretary of State's Office shall administratively close all active individual candidate accounts and accounts for organizations supporting or opposing any ballot proposition or causing electioneering communications or independent expenditures to be made. A candidate may open a new candidate account starting January 1 of the new election cycle.
(b) Committee accounts shall remain open and be subject to all statutorily required ongoing reports until the account's responsible party closes the account.
(c) Thirty (30) days after the Primary Election, the Secretary of State's Office may administratively close the candidate account of any candidate who was not successful in the Primary. Administratively closing an account does not absolve the candidate from filing any required campaign finance reports.
Section 10. Penalties for Delinquent Filings. Any candidate, candidate's campaign committee, political action committee or organization that fails to file a required report under W.S. 22-25-106 shall be subject to civil penalties pursuant to W.S. 22-25-108.