Romer, In re, 3605

• Decision Date: 07 February 1968
• Docket Number: No. 3605,3605
• Citation: 436 P.2d 956
• Parties: In the Matter of the Contest of Election of William ROMER for the Office of Sheriff of Natrona County, Wyoming. W. A. ESTES, Jr., Appellant (Petitioner below), v. BOARD OF COUNTY COMMISSIONERS IN AND FOR NATRONA COUNTY, Wyoming and William S. Romer, Appellees (Respondents below).
• Court: Wyoming Supreme Court

Page 956

436 P.2d 956

In the Matter of the Contest of Election of William ROMER for the Office of Sheriff of Natrona County, Wyoming W. A. ESTES, Jr., Appellant (Petitioner below), v. BOARD OF COUNTY COMMISSIONERS IN AND FOR NATRONA COUNTY, Wyoming and William S. Romer, Appellees (Respondents below).

No. 3605.

Supreme Court of Wyoming.

Feb. 7, 1968.

Robert R. Rose, Jr., Philip F. O'Neill, Casper, for appellant.

G. J. Cardine, Casper, for Board of County Commissioners.

Harry E. Leimback, Robert Jerry Hand, Casper, for William S. Romer.

Before HARNSBERGER, C. J., and GRAY, McINTYRE and PARKER, JJ.

Mr. Justice PARKER delivered the opinion of the court.

Petitioner Estes brought an action to set aside the election of respondent Romer to the Office of Sheriff of Natrona County and for a declaratory judgment interpreting a portion of § 22-118.118, W.S.1957 (1967 Cumulative Supp.), ¹ together with applicable provisions of the statutes and constitution relating thereto. The court held Romer's election to be valid, and this appeal has resulted. Since there was judgment on the pleadings, the pertinent facts are undisputed.

Louis Cooper was elected as sheriff of the county for a four-year term ending on the first Monday of 1967 and did not file for re-election. In May 1966 Romer filed for nomination of that office on the Republican ticket and in June Estes filed for the same position on the Democratic ticket. On July 21, twenty-seven days before the time set for the primary election, Cooper died and the county commissioners, through the county attorney, then asked the attorney general for an answer to the question, 'Does the death of a retiring sheriff whose term expires the following January, after the filing date for primaries is closed and before the primary election, permit the appointment of a successor to serve beyond the term filled by decedent, there being candidates seeking the office?' The attorney general answered, 'No,' and indicated the rationale and authorities supporting his opinion. Thereafter on August 15, the day before the primary election, the Board of County Commissioners, saying that it desired 'to resolve * * * (any) possible confusion,' with Estes signed an instrument stating 'in consideration of the appointment and the mutual promises herein contained, it is hereby agreed that the Board of County Commissioners shall make the appointment of W. A. Estes, Jr. to fill the vacancy of Louis Cooper, deceased, said appointment to extend to the first Monday in January 1967.' The primary election resulted in the nomination of Estes and Romer on the respective tickets and the general election in November gave Romer a small majority for the office of sheriff. The present controversy then ensued.

In the judgment, the trial court said:

'The object and purpose of Section 22-118.188 is to provide a method for filling vacancies which occur in elective offices for the unexpired term. All elective officials hold office for a term specified by statute and regular elections are held every two years for the purpose of filling these offices as their terms expire. The section in question clearly indicates that vacancies in public office are to be filled by the electorate at the next regular election whenever possible. The interim appointments expire on the first Monday in January following such elections. The legislature recognized that all elective offices are not up for consideration at every general election and therefore if a vacancy occurred in any office which is not regularly to be filled at the next ensuing election, and the vacancy occurred or existed in such office after it became too late to place the election machinery in operation to fill the vacancy at such next ensuing election, the interim appointment should continue over until the next general election. It is clear that the law assumes that the unexpired term of office in question, as referred to in the proviso, must continue beyond the first Monday in January following the ensuing election. In adopting the proviso, the...