Wyoming Statutes
Wyo. Stat. § 22-18-101 (2026)
When deemed to occur.
✓ current as of May 2026
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(a) A vacancy shall occur in an elective office if during
his term the incumbent either:
(i) Dies;
(ii) Resigns;
(iii) Is determined by a court having jurisdiction to
be mentally incompetent;
(iv) Is disqualified from holding office for any
reason specified by law;
(v) Is convicted of a felony or constituting a breach
of his oath of office;
(vi) Refuses to take the oath of office or to give or
renew an official bond if required by law; or
(vii) Has his election voided by court decision.
(b) A vacancy exists in an elective office, if upon
expiration of the term for which a person was elected a
successor has not been elected and qualified.
(c) A vacancy exists in an elective office and shall be
filled in the same manner as it is filled when a vacancy occurs
after the term of office has begun if, after a person has been
elected to an office at an election, but before the time for the
taking of the oath for that office, the person:
(i) Dies; or
(ii) Resigns. A person may resign an office before
taking the oath for that office and before the term of office
begins in the same manner that he may resign after taking the
oath of office.
(d) If a person who has died is elected, a vacancy in
office shall occur and the office shall be filled in the same
manner as it is filled when a vacancy occurs after the term of
office has begun.
(e) This section shall not apply to mayors and council
members who are subject to the provisions of W.S. 15-1-107.
(f) In addition to subsections (a) through (c) of this
section, a vacancy shall occur:
(i) In the office of a member of the state
legislature when the person fails to reside in the legislative
district from which he is elected;
(ii) In the office of a county assessor, county
clerk, county commissioner, county sheriff or county treasurer
when the person fails to reside in the county from which he is
elected.Notes of Decisions
Cited in 1
case, 2020–2020 · leading case: Angela Craig v. Steve Simon, 978 F.3d 1043 (8th Cir. 2020).
Angela Craig v. Steve Simon, 978 F.3d 1043 (8th Cir. 2020). “Minnesota law does not include such a provision, and we express no view on whether a State may “deem” a deceased person elected to office, whether a majority vote for a deceased person would result in a “failure to elect” under 2 U.S.C. § 8 (a), or whether the living person who…”
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