Wyoming · 22 · statute
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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.
Propose a changeThe 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 with the existing indebtedness of the county shall not exceed two percent (2%) of the taxable property in the county as shown by the last general assessment, and bearing a rate of interest not exceeding ten percent (10%) per annum, and payable in not to exceed twenty (20) years, for the purchase of voting machines to be used in countywide elections and for the construction of necessary storage facilities and the building site therefor.
Propose a changeWhen 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 a fee per day fixed by the board of county commissioners for use of voting machines. When the expense is divided by law among two (2) or more entities participating in the election, the rental fee expense shall be shared proportionately.
Propose a changeAll 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.
Propose a changeThe 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.
Propose a change(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 a voting machine, post a public notice in the office of the county clerk and on the website of the county clerk and notify in writing the county chairman of each political party having a candidate on the ballot and all independent candidates, stating the time and place where the voting machine will be prepared for the election. The political party representatives, representatives of independent candidates, at the county clerk's discretion not less than three (3) members of the public, but not more than a number that will ensure the orderly testing of machines, and members of the public may be present at the preparation of the voting machine for the election, to see that the machine is tested for accuracy and is properly prepared and that all registering counters are set at zero (00000). The county clerk, in the presence of these attendees, shall prepare the voting machine for the election and set all registering counters at zero (00000). He shall then test each registering counter for accuracy by casting votes on it until the registering counter is correctly registering each vote cast on it. The county clerk shall then reset each registering counter to zero (00000) and shall immediately lock and seal the voting machine with a numbered metal seal and make a record of the number of the seal on the certificate for the machine. The seal shall be so placed as to prevent operation of the machine or its registering counters without breaking the seal. The county clerk shall then immediately make a record on the certificate for the machine of the reading shown on the protective counter. (b) Inspection of voting machines shall begin not less than two (2) weeks before an election and continue until all machines to be used are publicly tested and sealed. Immediately following testing of a machine, the county clerk shall make a certificate in writing stating the serial number of each machine, whether the machine has all the registering counters set at zero (00000), and whether the machine has been tested by voting on each registering counter to prove that each registering counter is in perfect and accurate condition, the number registered on the protective counter, and the number on the seal with which the machine is sealed against operation. A copy of this certificate shall be filed with the secretary of state and the certificate shall be kept on file in the office of the county clerk. (c) No voting machine shall be used in any election unless the individual machine is tested and prepared in accordance with this section. Every voting machine used in an election, including but not limited to all electronic ballot marking devices, shall be individually tested.
Propose a change(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 and precinct in which the machine is to be used; (ii) The number of the seal with which the machine is sealed; (iii) The number registered on the protective counter as reported by the county clerk; (iv) The signature of the clerk and the signatures of two (2) representatives, if any, placed across the seal.
Propose a changeA 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 county stating the number of the machine and the grounds for objecting to its use.
Propose a changeThe 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 authority or proportionately by the authorities conducting the election.
Propose a changeRepealed By Laws 1998, ch. 100, § 5.
Propose a change(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.
Propose a changeThe 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.
Propose a change(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) Permit voting either by paper ballot, by ballot card or by other mechanical, magnetic or electrical means by which a vote may be recorded; (iv) Permit each voter, at presidential elections, by one (1) mark to vote for candidates of one (1) party for president, vice-president and presidential electors or to write in a name for president; (v) Provide for replacement of spoiled ballots; (vi) Permit both absentee and write-in voting; (vii) Provide automatic tabulating equipment which shall reject choices recorded on a ballot exceeding the number allowed, and at a primary election reject choices for candidates from a party other than the party for which a preference is expressed; (viii) Be suitably designed to function safely, efficiently and accurately, when properly operated, in recording, tabulating and counting every vote cast; (ix) Repealed By Laws 1998, ch. 100, § 5. (x) Be certified by the secretary of state as provided in subsections (d) through (g) of this section; (xi) Have and use an air gap. (b) Repealed By Laws 1998, ch. 100, § 5. (c) The secretary of state may from time to time as necessary promulgate rules and regulations consistent with subsection (a) of this section and with all other requirements of this Election Code to govern the characteristics of electronic voting systems that may be used in Wyoming. The rules shall ensure the fairness and accuracy of elections. The rules may govern both the characteristics of the systems and the procedures to be followed in testing and using the systems. The rules shall allow the county clerks to follow appropriate recommendations of the vendors of the systems for maintenance and management of the systems to the extent these recommendations are not inconsistent with this Election Code and with the rules. The rules shall be adopted following consultation with the county clerks. (d) A vendor shall file in the office of the secretary of state an application for certification of an electronic voting system and the secretary of state shall approve the application before any electronic voting system to be used in an election conducted under this code may be distributed, sold or upgraded by the vendor. The application for certification of an electronic voting system shall contain the following documentation: (i) Proof that the electronic voting system has been certified by the United States election assistance commission; (ii) Proof that the electronic voting system meets the voluntary voting system guidelines adopted by the United States election assistance commission; (iii) Proof that the electronic voting system complies with the provisions of this chapter; (iv) A Wyoming certificate of good standing for the vendor from the office of the secretary of state dated not more than ninety (90) days prior to the date the application is filed; (v) Proof of the vendor's escrow account containing the source code for the electronic voting system and system components for which certification is being sought including any source code updates; and (vi) The checksum value associated with the escrowed source code for the electronic voting system and system components for which certification is being sought; (vii) All related manuals, including but not limited to, technical manuals for repair and maintenance of the electronic voting system, operations manuals for election officials, printer manuals for ballot production and all other written documents prepared by the vendor that describe the operation, use and maintenance of the electronic voting system; (viii) A list of applicable patents and copyrights on the electronic voting system; (ix) A history of the electronic voting system to include a complete description of the electronic voting system, the date the electronic voting system was produced and a complete list of the states that have used the electronic voting system; (x) A list of any written complaints or concerns made to the vendor by other jurisdictions including county or local jurisdictions on the electronic voting system and a description of the resolution of the complaints or concerns. If there are no written complaints or concerns made to the vendor by other jurisdictions on the electronic voting system then the vendor shall provide a statement to that effect; (xi) A list of all denials of certification for the electronic voting system made to the vendor by other jurisdictions including state, county or local jurisdictions which shall include official documentation on the resolution of the denial of certification or a statement from the state, county or local jurisdiction explaining why the denial was not resolved. (e) The secretary of state may deny an application for certification of an electronic voting system as required by subsection (d) of this section or withdraw certification of an electronic voting system for any of the following reasons: (i) A county clerk notifies the secretary of state of and the secretary of state determines that the electronic voting system fails to meet the requirements necessary for approval of certification or ongoing certification provided in subsection (d) of this section; or (ii) The vendor fails to notify the secretary of state of necessary enhancements or adjustments to the electronic voting system; (iii) The election voting system does not produce accurate results and reports as required by law; (iv) Changes are made in the electronic voting system that do not comply with the requirements for certification as required by subsection (d) of this section; (v) The electronic voting system is no longer used by any county in Wyoming or is no longer available for purchase or repair from the company. (f) Before being used, any new electronic voting system that is purchased by either the state or a county shall be certified pursuant to this section. (g) Every county in Wyoming shall keep an inventory of all electronic voting systems being used in that county. The inventory shall include the following information: (i) The type of electronic voting system used; (ii) The quantity of each electronic voting system; (iii) The serial number of each electronic voting system; (iv) The software version, if applicable, of each electronic voting system; and (v) The firmware version, if applicable, of each piece of hardware used in an electronic voting system.
Propose a change(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 may make such modifications in ballot form as are necessary to facilitate the use of the electronic voting system and yet maintain the integrity of the election and the intent of the law. (b) The county clerk of each county using an electronic voting system shall: (i) Determine whether paper ballots, ballot cards or a combination of both will be used in each polling place; (ii) Before the day of election deliver to each polling place using an electronic voting system: (A) A sufficient number of voting devices and ballots; (B) Repealed By Laws 2014, Ch. 108, § 2. (C) Other appropriate instructional materials or devices; and (D) All other materials required by law. (iii) Before testing an electronic voting system for an election, not later than two (2) days before a test of an electronic voting system or not later than twenty-four (24) hours before any re-test of an electronic voting system, post a public notice in the office of the county clerk and the website of the county clerk and notify the state chairman and the county chairman of each political party having a candidate on the ballot, stating the time and place of the test. The political party representatives, representatives of independent candidates, at the county clerk's discretion not less than three (3) members of the public, but not more than a number that will ensure the orderly testing of machines, and members of the public may be present for the test, which shall be held at least two (2) weeks before the election. The test shall ascertain that all automatic tabulating equipment to be used in the election will accurately count the votes cast on all ballot styles that may be used in the election for all offices and all measures. The test shall be conducted by processing a preaudited group of all ballot styles on which are recorded a predetermined number of valid votes for each candidate and on each measure and shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If the county use an electronic ballot marking device in any way, the test shall also be conducted using ballots or ballot cards on each machine that are marked by an electronic ballot marking device. During the test a different number of valid votes shall be assigned to each candidate, including write-in candidates, for an office, and for and against each measure, including at least one (1) undervote and one (1) overvote in each race or measure in each ballot style for each machine type capable of recording an undervote or overvote. If any error is detected, or if the test is not completed in compliance with law, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified to by the county clerk. On completion of the count, the results, reported in the same manner official election results are reported, shall be retained by the county clerk, posted to the county clerk's website and a copy of the results, reported in the same manner official election results are reported, shall be provided to any person upon request. The programs, test materials and ballots shall be sealed and retained as provided for paper ballots, provided that if a re-test is required the seals may be broken so that an errorless count can be secured and certified as provided in this paragraph; (iv) Designate one (1) or more counting centers; (v) Provide adequate security for the delivery of all ballots to the designated counting center; (vi) Provide that if any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment, a true, duplicate copy shall be made by counting board members and substituted for the damaged or defective ballot. All duplicate ballots shall be clearly labeled "Duplicate" and shall bear a serial number which shall be recorded on the damaged or defective ballot. Damaged or defective ballots shall be delivered with the returns to the county clerk; (vii) Ensure that every electronic voting system used in the county has and uses an air gap. (c) In addition to any other duties prescribed by law, election judges in polling places using an electronic voting system shall: (i) Repealed By Laws 2014, Ch. 108, § 2. (ii) Provide adequate instruction in the use of the voting device to each voter before he enters the voting booth. Additional instruction may be provided as specified by law.
Propose a changeAny 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 with the returns to the county clerk.
Propose a changeAfter 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 ballot box.
Propose a changeIf the automatic tabulating equipment fails during the ballot count, the counting board shall use an alternate method of counting the ballots.
Propose a changeA 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 result of any race or ballot proposition, a recount under W.S. 22-16-109(a) shall be conducted.
Propose a changeThe 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, within thirty (30) days of any election in which the tabulating equipment was used.
Propose a change(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 statewide election. Polling places may be located outside of the precinct if the board of county commissioners determines and records in its minutes the reasons that it is required by the public convenience. (b) A polling place designated pursuant to subsection (a) of this section and used in the 2014 general election shall be not be changed unless a notice describing the proposed change is posted on the county's official website in the manner provided in W.S. 18-3-516(f) and published once a week for two (2) consecutive weeks in the designated official newspaper of the county. The notice shall include the date and place of the county commissioners’ meeting where the proposed change will be discussed. The county clerk shall notify the county chairman of each political party in the county not later than fifteen (15) days before the meeting. A proposed change in the location of a polling place may be adopted by the county clerk at a meeting of the county commissioners during which the proposed change is discussed.
Propose a changeSchool and community college districts shall make schools available for polling places if an authority conducting an election determines that use of schools is necessary.
Propose a changeThe 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.
Propose a changeThe 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 new ballot in place of one spoiled, and a statement of acts constituting a violation by voters of the Election Code.
Propose a changeBefore 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.
Propose a changeVoting booths shall contain nothing except voting instructions and materials necessary for marking ballots.
Propose a change(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 applications; (iii) A map of the precinct boundaries; (iv) Ballot boxes in the number required by law with secure locks and keys and one (1) opening sufficient to admit a single ballot; (v) Voting machines, where required; (vi) The number of ballots required by law; (vii) Repealed By Laws 2011, Ch. 38, § 2. (viii) Repealed By Laws 2011, Ch. 38, § 2. (ix) Repealed by Laws 2017, ch. 86, § 2. (x) Other necessary supplies.
Propose a changeBallots shall be delivered under seal or otherwise properly secured and a receipt therefor signed by a judge of election shall be filed with the county clerk. Seals shall be broken on the morning of election day by the chief judge in the presence of the other judges before the polls are opened.
Propose a changeRepealed By Laws 1998, ch. 100, § 5.
Propose a change(a) When voting machines are used the county clerk shall have an appropriate official deliver to a judge of election in each polling place, before the day of election, the following supplies: (i) The key to each machine sealed in an envelope; (ii) Repealed By Laws 2013, Ch. 31, § 2. (iii) Other appropriate instructional devices.
Propose a changeRepealed By Laws 2013, Ch. 31, § 2.
Propose a changeBefore the polls open the judges shall compare ballots on the voting machines with the sample ballots and return sheets to see that they are correct, place the voting machine in a proper position free from obstruction and assure that the face of the machine may be viewed clearly by the voter casting the ballot but not by others. Envelopes containing keys shall not be opened if the numbers and records on them do not correspond to the numbers and records on the machine. If the numbers do not agree, the machine shall be reexamined and certified by the county clerk before it may be used.
Propose a changeThe judges shall see that all registering counters are set at zero (00000) and that the voting machines are in proper condition. If the machine is equipped with a mechanical or photographic printout device, the election board shall determine that counters are set at zero (00000) by using the printout device. Any count on a machine shall be noted and certified by the judges to permit subtraction of this count when votes are canvassed.
Propose a changeThe judges shall certify that keys are delivered, that numbers on registering counters and seals correspond with those on key envelopes, that counters are set at zero (00000) or counts certified, that ballots are proper and that the machines are ready for voting.
Propose a changeBefore the polls are open, the judges of election shall open and examine the ballot box to determine that it is empty and relock it. The ballot box shall not again be opened until the polls are closed, except when necessitated by operation of the voting equipment at the direction of the county clerk and only in the presence of two (2) or more election judges with different political party affiliations. It shall not be removed from the presence of the judges of election or counting board until all ballots are counted and recorded.
Propose a changePolls shall be open at seven (7:00) a.m. and close at seven (7:00) p.m., local time. A judge of election shall proclaim aloud at seven (7:00) a.m. at the polls that the polls are open.
Propose a changeRepealed By Laws 1998, ch. 100, § 5.
Propose a change(a) Judges of election have the duty and authority to preserve order at the polls by any necessary and suitable means. (b) To protect the privacy of the voter, voting booths and voting machines shall be kept clear of all persons except voters marking ballots and election officials discharging their duties.
Propose a change(a) Before a qualified elector is permitted to vote an election judge shall record the applicable information as listed in W.S. 22-1-102(a)(xxiii) by his name on the poll list. (i) Repealed By Laws 2005, ch. 110, § 2. (ii) Repealed By Laws 2005, ch. 110, § 2. (iii) Repealed By Laws 2005, ch. 110, § 2. (iv) Repealed By Laws 2005, ch. 110, § 2. (v) Repealed By Laws 2005, ch. 110, § 2. (b) Repealed By Laws 2005, ch. 110, § 2. (c) Repealed by Laws 1991, ch. 243, § 5.
Propose a changeBefore delivering a paper ballot to an elector a judge of election or county clerk shall initial the ballot. No other identifying marks shall be made on an official ballot. An elector shall cast only one (1) ballot or set of ballots at each election. No ballot determined to be valid by the canvassing board shall be rejected solely due to an administrative error of not initialing the ballot.
Propose a changeUpon receiving a paper ballot, an elector shall proceed alone directly to a voting booth and there mark the ballot. The ballot shall then immediately be placed in the ballot box by the elector or judge of election.
Propose a change