Title 22, Title 22 — Elections

Where to apply. Applications for an absentee ballot for any election to which this Election Code applies shall be made to the appropriate county clerk.

How to apply; information required. (a) A qualified elector may apply for an absentee ballot either in person, in writing, or by telephone, by furnishing the following information: (i) Name in full, social security number (optional), date of birth, and current Wyoming residence a…

Application. A qualified elector may apply for an absentee ballot at anytime during the calendar year in which the election is held, but not on the day of the election.

Qualified absentee voter; written notification if rejected. The clerk shall mark each completed absentee ballot application with the date of receipt. The clerk shall then determine if the applicant is properly qualified to vote. If the applicant is not entitled to vote, the clerk…

Delivering ballots to qualified applicants. If the clerk determines that the applicant is entitled to vote, he shall mark the application "Accepted" and shall, not more than forty-five (45) days prior to the election for applicants with rights under the Uniformed and Overseas Cit…

Absentee ballot record; information to be entered. (a) For each election, the clerk shall keep an "Absentee Ballot Record" in which he shall enter the following information: (i) The name, voter registration number and residence address of each absentee ballot applicant, and the b…

Form of absentee ballot. (a) The absentee ballot shall be in the same form prescribed by law for the official ballot or a reasonable printed reproduction of the prescribed form for electronic ballots. (b) Notwithstanding subsection (a) of this section, official absentee ballots f…

Form of absentee ballot envelopes; distribution. (a) The secretary of state shall prescribe the form, and distribute to the clerks responsible for the respective elections a supply of the following official envelopes: (i) The official inner ballot envelope for use in sealing and …

Affidavit to be printed on inner envelope; attestation. (a) Repealed by Laws 1991, ch. 243, § 5. (b) For all voters, as specified in W.S. 22-9-105, an oath containing the following information and meeting the following requirements shall be printed on the reverse side of the inne…

Instructions on outer envelope. (a) Repealed by Laws 1991, ch. 243, § 5. (b) For all electors, as specified in W.S. 22-9-105, the following shall be printed on the reverse side of the outer envelope in red ink: INSTRUCTIONS This is your absentee ballot. To vote, mark the ballot i…

Completing and return of ballot. Upon receipt, a qualified elector shall mark the ballot and sign the affidavit. The ballot shall then be sealed in the inner ballot envelope and mailed or delivered to the clerk.

Receipt by clerk; generally. The clerk shall mark on each completed inner envelope the date and time of receipt and enter this information in the absentee ballot record. From information contained in the affidavit or from other reliable sources, the clerk shall determine the dist…

Receipt by clerk; handling procedure. (a) After an absentee ballot has been accepted by the clerk, it shall not be returned to the voter. (b) The clerk shall place completed absentee ballot envelopes in a large precinct envelope for the precinct in which they shall be voted and k…

Duplicate precinct lists; generally. The clerk shall make in duplicate a precinct list indicating the names of electors voting an absentee ballot in the precinct.

Duplicate precinct lists; handling procedure. The duplicate list of absentee precinct electors shall be placed in the precinct envelope with the absentee ballots. The precinct envelope shall be sealed before being delivered to the precinct polling place.

Delivery of absentee ballots and duplicate list to precincts. The clerk shall oversee the delivery of the sealed envelope containing absentee ballots and the duplicate list of absent electors to each precinct polling place before the polls are opened. Absentee ballots returned to…

Late absentee ballots. An absentee ballot received by the clerk after the polls close shall not be voted. The clerk shall write on the inner envelope of such late absentee ballot "Rejected-received after the polls closed". These late ballots shall be kept by the clerk for at leas…

Receipt of absentee ballots and lists by judges. When the absentee ballots are delivered to the polls and the polls are open, the judges of election shall open the precinct envelope and determine whether the ballots therein correspond to the names on the enclosed duplicate list. …

Examination of absentee ballot affidavit; rejection; voting ballots. (a) After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit on the absentee ballot envelope to determine if it is legally sufficient. (b) If it is not, they shal…

Return of inner ballot envelopes. The opened inner ballot envelopes shall be returned to and retained by the clerk.

Multiple voting prohibited. A person shall not vote by absentee ballot and in person at the same election. If more than one (1) absentee ballot is received by a clerk from the same person for the same election, only the first ballot received shall be counted.

Violations. If a person violates the provisions of this chapter outside the state of Wyoming, he shall be punishable as though the violation had occurred within the state and may be prosecuted in the county where the absentee ballot was delivered or mailed to the clerk.

Alternate procedures for collecting and counting absentee ballots. (a) The board of county commissioners may elect to adopt one (1) or both of the following alternate procedures for casting, collecting and counting absentee ballots: (i) Direct that absentee ballots shall be deliv…

Criteria for approval. (a) To be approved for use in Wyoming a voting machine shall: (i) Require secret voting, except for electors receiving assistance as provided by law; (ii) Permit an elector to cast any vote he is entitled to cast at any election and permit voting for a writ…

Selection by county commissioners. The board of county commissioners may adopt for use in any precinct in the county a type of voting machine meeting the standards specified in W.S. 22-10-101.

Lease or purchase of machines. The board of county commissioners may lease such approved voting machines for use in any precinct in the county or purchase them for cash or in annual installments not to exceed ten (10) years.

Submission of purchasing bonds question to electors. The board of county commissioners may submit to the electors of the county the question whether the board of county commissioners shall be authorized to issue registered coupon bonds of the county in an amount which, together w…

Rental fees; generally. When the expense of an election held in a county is chargeable in whole or in part to the state, a political subdivision thereof or other governmental entity other than the county, the state, subdivision or other governmental entity shall pay to the county…

Rental fees; where paid. All moneys paid to the county for the rental of voting machines shall be paid into the county fund used to acquire and maintain voting machines.

Custody and maintenance. The county clerk shall have custody of voting machines and keep them in repair. The county clerk shall have custody and care of keys and seals for the voting machines.

Procedure for preparing machines for election; inspection and certification. (a) Before preparing a voting machine for an election, the county clerk shall, not later than two (2) days before a test of a voting machine or not later than twenty-four (24) hours before any re-test of…

Key in sealed envelope; matters to be printed thereon. (a) When all voting machines to be used in an election are locked and sealed, the key to each machine shall be enclosed in a sealed envelope on which shall be printed: (i) The number or designation of the election district an…

Objections. A voting machine prepared for an election and certified by the county clerk may be challenged within five (5) days after the machine is sealed by filing a complaint in the district court, and before the election if a complaint is filed in the district court of the cou…

Delivery and return; expenses. The county clerk shall provide for the delivery of voting machines to the polling places at least one (1) hour before the polls open and their return to custody after the election. The expense of transporting the machines shall be paid by the author…

Definitions. (a) As used in this chapter, "Vendor" means a person engaged in selling, leasing, marketing, designing, building or maintaining electronic voting systems for tabulating election results to the state or counties.

Use authorized; purchase or lease. The board of county commissioners of each county may adopt for use, either experimentally or permanently, in any election in any or all polling places within the county, any electronic voting system authorized by law.

Capabilities required. (a) Every electronic voting system adopted for use in Wyoming shall: (i) Provide for voting in secrecy; (ii) Permit each voter to vote at any election for all candidates and offices, and on any question, for which he is lawfully entitled to vote; (iii) Perm…

Conduct of elections in which systems utilized. (a) All provisions of the Election Code governing the conduct of elections shall apply to elections in which electronic voting systems are used, except that the county clerk of any county in which an electronic voting system is used…

Spoiled ballots. Any voter who spoils his paper ballot or ballot card may return it and secure a replacement. The word "Spoiled" shall be written across the face of the voided ballot, and it shall be placed in an envelope for spoiled ballots. Spoiled ballots shall be delivered wi…

Procedure after voter marks paper ballot. After marking the paper ballot, the voter shall place the ballot in the voting machine. If the votes are being counted at a central counting center as authorized by W.S. 22-14-114(b), the voter shall instead place the paper ballot in the …

Failure of automatic tabulating equipment. If the automatic tabulating equipment fails during the ballot count, the counting board shall use an alternate method of counting the ballots.

Retabulation. A retabulation may be performed at the discretion of the county clerk. If the retabulation indicates a different count, the result of the last retabulation shall be the official result unless a recount is conducted. If the difference in the retabulations affects the…

Post election audit. The county clerk shall conduct a random audit of ballots by processing the preaudited group of test ballots as described in W.S. 22-11-104(b)(iii) on five percent (5%) of the automated tabulating equipment for that county, but on not less than one (1) machine…

Designation and notice of polling places; external location; change in location. (a) Polling places shall be designated by the county clerk, who shall publish their location at least once in a newspaper of general circulation in the county within two (2) weeks prior to a statewid…

Schools to be available for polling places. School and community college districts shall make schools available for polling places if an authority conducting an election determines that use of schools is necessary.

Furnishing of booths. The county clerk in all elections shall furnish each polling place with sufficient booths, paper ballots or voting machines and supplies to permit convenient and secret marking of ballots.

Printed instruction cards. The county clerk shall provide printed instruction cards to guide electors preparing ballots. These cards shall be printed in large clear type and indicate how to obtain a ballot, how to prepare the ballot for deposit in the ballot box, how to obtain a …

Posting instruction card and sample ballot. Before the polls are opened, the judges of election shall post in each booth one (1) instruction card. They shall post elsewhere in the polling place at least one (1) instruction card and one (1) sample ballot.

Contents of voting booths. Voting booths shall contain nothing except voting instructions and materials necessary for marking ballots.

Materials for judges. (a) Before election day the county clerk shall cause to be delivered to one (1) of the judges of election in each polling place the following materials: (i) Pollbooks; (ii) At any election specified in W.S. 22-2-101(a)(i) through (viii), registration applica…