Law

Title 22 Elections

Wyoming · 22 · statute

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Contents: 588 provisions

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588 provisions

22-1-101. Citation.

This act is cited as the Wyoming Election Code of 1973, as amended.

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22-1-102. Definitions.

(a) The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code: (i) "Automatic tabulating equipment" means apparatus that automatically examines and counts votes recorded on paper ballots or ballot cards and tabulates the results; (ii) "Ballot" means the cardboard, paper or other material upon which a voter marks his votes; (iii) "Ballot card" means a ballot that can be counted using automatic tabulating equipment; (iv) Repealed By Laws 2014, Ch. 108, § 2. (v) "Ballot proposition" is any question or measure submitted to a vote of the people of the state, a subdivision thereof, county, district, city or town, and includes a constitutional amendment, initiative, referendum, bond measure, or any other question or measure required to be approved by a vote of the people; (vi) "Bond" means any bond, note, certificate of indebtedness, coupon, or other obligation for the payment of money, issued by any political subdivision, including any bond payable from taxes, revenues or other sources; (vii) "Candidate's campaign committee" means every group of two (2) or more persons who join together for the purpose of raising, collecting or expending money to be used in the aid of the election of a specific candidate for public office. If more than one (1) committee forms to support the candidate, the candidate shall designate which committee shall be his or her principal campaign committee; (viii) "Chief judge" means the person selected to be responsible for the security of ballot envelopes and voter ballots. The chief judge shall serve as the primary contact at the polls to the county clerk; (ix) "City clerk" means a clerk of a municipality; (x) "Convention" is an organized assemblage of electors or delegates representing a political party; (xi) "Counting center" is the location or locations designated by the county clerk for the automatic tabulating and counting of ballots; (xii) "County chairman" means the county chairman of a political party or the state chairman if the party has no chairman for the particular county; (xiii) "Election," when used without qualifying adjectives, means all elections participated in by the voters of a city, town, county, district or the state; (xiv) "Electronic voting system" is a system employing an electronic voting device in conjunction with paper ballots or ballot cards, or other system of secret voting and automatic tabulating equipment for the recording, tabulating and counting of votes in an election; (xv) "Envelope" means any type of container used to contain or hold election documents; (xvi) "Independent candidate" is a person who is running for nomination or election to a public office but who does not represent a political party; (xvii) "Major political party" means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than ten percent (10%) of the total votes cast for that office in the most recent general election; (xviii) "Minor political party" means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than two percent (2%) nor more than ten percent (10%) of the total votes cast for that office in the most recent general election; (xix) "Municipality" includes a first class city as defined by W.S. 15-1-101(a)(iv) and a town as defined by W.S. 15-1-101(a)(xiv); (xx) "Political action committee" means any group of two (2) or more persons organized and associated for the purpose of raising, collecting or spending money for use in the aid of, or otherwise influencing or attempting to influence, directly or indirectly, the election or defeat of candidates for public office, candidate's committees, or political parties, for support of or opposition to any initiative or referendum petition drive or for the adoption or defeat of any ballot proposition; (xxi) "Political subdivision" includes any county, city, town, school district, community college district, hospital district, water conservancy district, cemetery district, fire protection district, or any other political subdivision of the state constituting a body corporate, whether incorporated under general act, special charter, or otherwise; (xxii) "Pollbook" means a book, or hardware, software or any combination thereof commonly referred to as an electronic pollbook, used in a polling place on election day containing information specified by law; (xxiii) "Poll list" is the list of registered voters as compiled by the clerk for use by election judges at the polls. The poll list shall: (A) Include the names and residence addresses of electors registered in the precinct; (B) Indicate the precinct and various districts in which each elector resides; (C) Indicate political party affiliation of the electors, if any; (D) Indicate which electors have registered by mail and must show identification; (E) Indicate which electors have submitted absentee ballots in the election prior to the printing of the poll list; (F) Provide for the notation of: (I) A sequential number for each elector voting at the polls; (II) Electors who cast provisional ballots; (III) Electors who cast absentee ballots if the absentee ballots are processed and counted at the polls; (IV) Electors who change political party affiliation at the polls. (G) Provide for the recording of the same information for electors who register at the polls; (H) Provide other space as required for election management purposes. (xxiv) "Poll watcher" means a person certified by the county chairman of a political party to observe voter turn out and registration. A "poll watcher" is not an election official; (xxv) "Provisional party" means a political organization which has filed a legally valid petition as provided under article 4 of chapter 4 of this code. The filing of a legally valid petition entitles the provisional party to participate in the next general election. If the provisional party's candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, receives not less than two percent (2%) of the total votes cast for that office in that election, the provisional party does not lose party status; (xxvi) "Qualified elector" includes every citizen of the United States who is a bona fide resident of Wyoming, has been a bona fide resident of Wyoming for not less than thirty (30) days before the date of the next election, has registered to vote and will be at least eighteen (18) years of age on the day of the next election. No person is a qualified elector who is a currently adjudicated mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. A literacy test shall not be imposed as a condition to voting in any election; (xxvii) "Registration" is the entry and verification of the name, residence, citizenship and voter information of a qualified elector on the official registry list, as provided in W.S. 22-3-104(f) and 22-3-108; (xxviii) "Registry agent" is a county clerk, his deputies, a tribal clerk, his deputies, a city clerk, his deputies, and an election judge during any election specified in W.S. 22-2-101(a)(i) through (viii); (xxix) "Registry list" is the list by precinct of the names, addresses, party affiliations, unique identifying numbers generated by the state, information relating to absentee ballot status, registration dates and precinct and district numbers of the registered electors in the county prepared by the secretary of state or county clerks for distribution as provided in W.S. 22-2-113; (xxx) "Residence" is the place of a person's actual habitation. The construction of this term shall be governed by the following rules: (A) Residence is the place where a person has a current habitation and to which, whenever he is absent, he has the intention of returning; (B) A person shall not gain or lose residence merely by reason of his presence or absence while: (I) Employed in the service of the United States or of this state; or (II) A student at an institution of learning; or (III) Kept at a hospital or other institution; or (IV) Stationed at or residing on a military reservation or installation or at a transient camp maintained for relief purposes by the government of the United States in this state. No person shall be excluded as a voter solely because of his residence on a federal enclave within the state. This factor shall be considered with all others in the determination of the person's residence within the state for voting purposes. (C) A person shall not lose his residence by leaving his home to go to another state, another district of this state, or to another country for temporary purposes, with the intent of returning, if he has not registered in the other state, district or country; (D) A person shall not gain residence in a county if he enters it without the intent of making it his current actual residence; (E) If a person removes to another state with the intent of making it his residence, he loses his residence in Wyoming; except that in a general election year, if his registration is valid in Wyoming when he leaves this state and he is unable to qualify under the laws of his new state of residence to vote at the primary or general election, he shall be deemed to have retained residence in Wyoming for purposes of voting by absentee ballot in the primary or general election; (F) A person who takes up or continues his abode at a place other than where his family resides, shall be a resident of the place where he actually abides; (G) Candidates seeking election to the office of United States senator or representative in congress shall not, at the time of knowingly seeking nomination or election as provided by paragraph (liii) of this subsection, claim or currently be claiming any residence or receive the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital. (xxxi) "Square" for purposes of chapter 6 of this code shall include a box or oval used to designate the area for casting a vote; (xxxii) "Tally sheet" means the document used to tabulate hand counted paper ballots; (xxxiii) Repealed by Laws 2018, ch. 118, § 2. (xxxiv) "Voting device" means: (A) Repealed By Laws 2008, Ch. 115, § 2. (B) A device for marking the ballots with ink or another substance; or (C) Any other method for recording votes on ballots so that the ballot may be tabulated by means of automatic tabulating equipment. (xxxv) "Write-in vote" is a vote cast for a person whose name does not otherwise appear on the official ballot as a candidate for the office for which his name is written in by the voter; (xxxvi) "Federal office" means the offices of president and vice-president of the United States, United States senator and representative in congress; (xxxvii) "Immediate family" means a spouse, parent, sibling, child or other person living in the individual's household; (xxxviii) "Election assistance" does not include the posting of campaign signs or the availability of campaign materials; (xxxix) "Acceptable identification" means: (A) For purposes of voter registration, one (1) of the identification documents or other proof of identity as specified by rule of the secretary of state as adequate proof of the identity of a voter; (B) For purposes of in person voter identification immediately before voting at a polling place or absentee polling place, any of the following: (I) A Wyoming driver's license as defined by W.S. 31-7-102(a)(xxv); (II) A tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming, the Northern Arapaho tribe of Wyoming or other federally recognized Indian tribe; (III) A Wyoming identification card issued under W.S. 31-8-101; (IV) A valid United States passport; (V) A United States military card; (VI) A driver's license or identification card issued by any state or outlying possession of the United States; (VII) Photo identification issued by the University of Wyoming, a Wyoming community college or a Wyoming public school; (VIII) A valid Medicare insurance card. This subdivision is repealed effective December 31, 2029; (IX) A valid Medicaid insurance card. This subdivision is repealed effective December 31, 2029; (X) A valid permit issued by the state of Wyoming to carry a concealed firearm. (xl) "Canvass" means the audit function that culminates in the final certification of official election returns; (xli) "Provisional ballot" means a ballot provided to a voter whose right to register or to vote cannot be determined at the polls or verified at the election office, in order to allow the voter to cast a ballot at the polls which shall be counted only if the ballot is determined to be a valid ballot as provided in this Election Code; (xlii) "Recount" is the processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race, based upon the criteria of W.S. 22-16-109 or 22-16-111; (xliii) "Retabulation" is the process of running ballots back through the tabulation system for an additional time or times for the express purpose of reconciling the count; (xliv) "Tribal clerk" means an official designated by the Eastern Shoshone Tribe and an official designated by the Northern Arapaho Tribe or an official designated by the cooperative tribal governing body of the Wind River Indian Reservation acting pursuant to a cooperative agreement entered into by a county and the respective tribe pursuant to W.S. 16-1-101, which agreement provides for the official to provide services as a registry agent under the direct supervision and control of the county clerk; (xlv) "Print" means to write in letters and reproduce whether on paper or other medium by mechanical, magnetic or electrical process; (xlvi) "Voter registration system" means the single, uniform, official, interactive, computerized, statewide voter registration system containing the registration information of every legally registered elector in the state; (xlvii) "Precinct" means an area with established boundaries within a political subdivision used for casting and counting votes; (xlviii) "Polling place" means the physical location where voters cast their ballots on election day; (xlix) "Vote center" means a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which he resides, connected through secure internet connections to provide voting information to and receive voting information from the electronic pollbook maintained by the county clerk and used as an option to traditional polling places at the discretion of the county clerk; (l) "Overvote" means a vote placed on a ballot question in excess of the allowable votes for that ballot question; (li) "Undervote" means a vote that could have been made on a ballot question but which was not made on that ballot question; (lii) "Unsuccessful candidate" means a person who did not win the election but whose name was printed on the ballot and who received one (1) or more votes in the primary election; (liii) "Candidate" means any person who knowingly seeks nomination or election to public office by: (A) Filing an application for nomination by primary election, nomination by political party convention or by petition for nomination; (B) Write-in, except that this subparagraph shall not apply to a person elected to public office by write-in at a general or special election who did not seek or campaign for election to the office; (C) Forming a campaign committee; or (D) Receiving contributions or making expenditures, or giving consent for any individual to receive contributions or make expenditures, in order to secure nomination or election to public office. (liv) "Air gap" means a security measure where electronic voting systems and computers used within those systems are physically isolated from any network and are not directly or indirectly connected to the internet nor connected to any other system, network or device that is connected to the internet; (lv) "Proof of residence" means the documents or other proof of residence specified by rule of the secretary of state, which rule identifies documents or other proof that establishes residency. If a person does not have the documents or other proof of residency specified by rule of the secretary of state, "proof of residence" may be established by a signed attestation of the person that the person is a bona fide resident of the state of Wyoming. The attestation shall be subject to verification by the county clerk or the secretary of state; (lvi) "Proof of United States citizenship" means, for purposes of voter registration, any of the following: (A) A valid Wyoming driver's license as defined by W.S. 31-7-102(a)(xxv) or a valid Wyoming identification card issued under W.S. 31-8-101, provided that the license or identification card does not contain any indication that the person is not a United States citizen; (B) A valid tribal identification card issued by the governing body of the Eastern Shoshone Tribe or the Northern Arapaho Tribe of the Wind River Indian Reservation or any other federally recognized Indian tribe, provided that the identification card does not contain any indication that the person is not a United States citizen; (C) A valid driver's license or identification card issued by any other state that is consistent with the Real ID Act as defined by W.S. 31-7-102(a)(lii), provided that the driver's license or identification card does not include any indication that the person is not a United States citizen; (D) A valid United States passport; (E) A certificate of United States citizenship; (F) A certificate of naturalization; (G) A United States military draft record or a selective service registration acknowledgment card; (H) A consular report of birth abroad issued by the United States department of state; (J) An original or certified copy of a birth certificate in the United States bearing an official seal.

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22-2-101. Applicability and construction of Election Code generally.

(a) Chapters 1 through 28 of this Election Code apply to the following elections: (i) General elections; (ii) Primary elections; (iii) Special elections to fill vacancies in the office of representative in congress; (iv) County elections; (v) Municipal elections; (vi) School and community college elections; (vii) Bond, mill levy and political subdivision tax elections; (viii) Any special election; (ix) Election of supervisors of a soil conservation district in a county whose board of county commissioners has, on or before May 1 of any year, adopted a resolution to make this Election Code apply; (x) Elections held under chapter 29 of this title if: (A) The special district principal act is silent on the matter; and (B) Chapter 29 of this title and rules promulgated pursuant to that chapter are silent on the matter. (b) This Election Code shall be construed so that all legally qualified electors may register and vote, that those who are not qualified shall not vote, and that fraud and corruption in elections shall be prevented.

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22-2-102. Repealed By Laws 1998, ch. 100, § 5.

Repealed By Laws 1998, ch. 100, § 5.

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22-2-103. Chief election officers.

The secretary of state is the chief election officer for the state and shall maintain uniformity in the applications and operations of the election laws of Wyoming. Each county clerk is the chief election officer for the county.

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22-2-104. Election dates.

(a) A general election shall be held for all the precincts of this state on the Tuesday next following the first Monday in November of each even-numbered year. (b) A primary election shall be held at the regular polling places for each precinct on the first Tuesday after the third Monday in August in general election years for the nomination of candidates for partisan and nonpartisan offices to be filled at the succeeding general election and for the election of major party precinct committeemen and committeewomen. (c) A May town election as authorized by W.S. 22-23-202 shall be held on the first Tuesday after the first Monday in the month of May every two (2) years. (d) Every bond election shall be held on the same day as a primary election or a general election, or on the first Tuesday after the first Monday in May or November, or on the first Tuesday after the third Monday in August. (e) The election of members of the board of trustees of each school district and community college district shall be held for each district on the first Tuesday after the first Monday in November in general election years.

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22-2-105. Terms of office and offices voted on at general elections.

(a) The terms of office and offices voted on at general elections are as follows: (i) Two Year Term.-At every general election there shall be elected the number of representatives in congress to which this state is entitled and members of the Wyoming house of representatives; (ii) Four Year Term. - At the general election in 1974 and in every fourth (4th) year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted: (A) For a circuit court judge, to the electorate of all counties within the circuit; (B) For a magistrate required by law to stand for retention, to the electorate of the county wherein the magistrate serves. (iii) Six Year Term.-At the general election in 1976 and in every sixth year thereafter, there shall be elected one (1) United States senator for the term next ensuing. At the general election in 1978 and every sixth year thereafter there shall be elected one (1) United States senator for the term next ensuing. At each general election the retention of district judges for unexpired balances of or new six (6) year terms shall be submitted to the electorate of the several judicial districts, as necessary; (iv) Eight Year Term.-At every general election to the retention of a justice or justices of the Wyoming supreme court for unexpired balances of or new eight (8) year terms shall be submitted to the electorate of the entire state as necessary.

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22-2-106. Election of presidential and vice-presidential electors.

At the general election in 1976 and every fourth year thereafter, there shall be elected the number of electors of president and vice-president of the United States to which the state is entitled.

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22-2-107. When elected state and county officers assume offices.

All state and county officers elected at a general election shall assume their offices on the first Monday in January next following their election.

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22-2-108. Secretary of state to certify officers to be elected.

Between the twenty-fourth day of April and the third day of May in each general election year, the secretary of state shall transmit to the county clerk of each county a certified list stating what officers, other than county and precinct officers, are to be nominated or elected at the election.

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22-2-109. County clerk to publish proclamation.

(a) Between one hundred one (101) and ninety-one (91) days before each primary election the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk's office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the filing deadline for the offices and the requirements for filing statements of campaign contributions and expenditures. The proclamation shall also include the aforementioned information regarding offices to be filled at the general election and any other pertinent primary election information. In addition, the description of any ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district shall be included. (b) Between ninety (90) and seventy (70) days before each general election, the county clerk in each county shall publish at least once in a newspaper of general circulation in the county and post in the county clerk's office and at the place where each municipality within the county regularly holds its council meetings a proclamation setting forth the following: (i) The date of the election; (ii) For any offices not previously included in the proclamation published pursuant to subsection (a) of this section, the offices to be filled at the election including the terms of the offices and the number of persons required by law to fill the offices; (iii) The requirements for filing statements of campaign contributions and expenditures not previously included in the proclamation published pursuant to subsection (a) of this section; (iv) Any other pertinent general election information; (v) The legislative description of each proposed constitutional amendment or other ballot proposition submitted to the voters of the state, a political subdivision thereof, county or other district. (c) Minor errors in any proclamation shall not invalidate the forthcoming election.

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22-2-110. Computing periods of time.

(a) Except for special elections to fill vacancies for a congressman under W.S. 22-18-105 through 22-18-109, periods of time are computed by excluding the specific day and counting the prescribed number of days, including Saturdays, Sundays and full legal holidays. If the first day of a time period falls on a Saturday, Sunday or full legal holiday, the preceding day which is not a Saturday, Sunday or full legal holiday shall be used. If the last day of a time period falls on a Saturday, Sunday or full legal holiday, the next day which is not a Saturday, Sunday or full legal holiday shall be used. All days, except the specific day, but including the last day, shall be used to compute the time limits established under W.S. 22-18-105 through 22-18-109 unless the last day of a time period falls on a Saturday, Sunday or full legal holiday in which case the next day which is not a Saturday, Sunday or full legal holiday shall be used. (b) When used to compute periods of time: (i) "Not later than" is computed by counting the prescribed number of days; (ii) "Not less than" is computed by counting the prescribed number of days and adding one (1) additional day to the computed time.

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22-2-111. Employees time off to vote.

(a) Any person entitled to vote at any primary or general election or special election to fill a vacancy in the office of representatives in the congress of the United States is, on the day of such election, entitled to absent himself from any service or employment in which he is then engaged or employed for a period of one (1) hour, other than meal hours, the hour being at the convenience of the employer, between the time of opening and closing of the polls. Such elector shall not, because of so absenting himself, lose any pay, providing he actually casts his legal vote. (b) This section shall not apply to an employee who has three (3) or more consecutive nonworking hours during the time the polls are open.

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22-2-112. Hours of county clerk's office on election day.

The office of county clerk shall remain open for election business on election day during normal hours of election operations. With prior notice to the public the office of county clerk may be closed to all nonelection business except the recording of documents.

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22-2-113. Availability and form of registry lists; use of copies; election record; purging.

(a) The secretary of state shall furnish at a reasonable price registry lists to any candidate for a political office in the state, candidate's campaign committee, political party central committees and officials thereof, elected officials, political action committees, individuals promoting or opposing a ballot issue or candidate and to organizations which promote voter participation. The county clerks may elect to furnish the lists and, if they do so, shall make them available to all on an equal basis. All lists are for political purposes only and are not available for commercial use. The lists may be in the form of printouts, mailing labels or other electronic format as available. The lists may be reproduced for political purposes. (b) Repealed by Laws 1991, ch. 243, § 5. (c) Information copied from campaign contribution and expenditure reports filed by state and local candidates may be used for political purposes but shall not be used for commercial purposes. (d) Unless otherwise specifically stated in this Election Code, all election records of the county clerk are public. The availability and dissemination of such records shall be in accordance with the Wyoming Public Records Act. Election records containing social security numbers, portions of social security numbers, driver's license numbers, birth dates, telephone numbers, tribal identification card numbers, e-mail addresses and other personally identifiable information other than names, gender, addresses, unique identifying numbers generated by the state and party affiliations are not public records and shall be kept confidential. When necessary, members of the county or state canvassing boards may access confidential information for purposes of this code but shall maintain its confidentiality. (e) The county clerks shall purge and update voter registration information on the voter registration system not later than the fifteenth day of February each year and shall notify the secretary of state upon completion, but not later than February 15 of each year.

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22-2-114. Repealed by Laws 1991, ch. 243, § 5.

Repealed by Laws 1991, ch. 243, § 5.

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22-2-115. Renumbered by Laws 1991, ch. 243, § 4.

Renumbered by Laws 1991, ch. 243, § 4.

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22-2-116. Restrictions on holding more than 1 elected public office.

No person may hold an elective public office in any governmental entity which either provides any funding for or receives any funding from another governmental entity in which that person holds elected public office. If a person also is elected to a public office while holding another public office such that this section is applicable, the person shall resign from the public office first held prior to assuming the new office.

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22-2-117. Vote required for election; ratification.

(a) Partisan and nonpartisan candidates who receive the largest number of votes for each office to be filled at the general election are elected. Nothing in this election code shall be deemed to authorize any election in Wyoming to be conducted through ranked choice voting. Any existing or future ordinance enacted or adopted by a county, municipality or any other governmental entity that purports to authorize ranked choice voting in violation of this subsection is void. As used in this subsection, "ranked choice voting" means a voting method that allows voters to rank candidates for an office in order of preference and has ballots cast to be tabulated in multiple rounds following the elimination of a candidate until the candidate or candidates with the most votes are declared winners, or any other system that allows a voter to vote for more than the number of candidates permitted to fill a particular office. (b) Repealed By Laws 2009, Ch. 100, § 3, Ch. 168, § 202. (c) With the exception of constitutional amendments and statewide initiatives and referenda, all ballot propositions shall be passed if the majority of those casting ballots on that proposition vote in favor of such proposition. (d) A proposed amendment to the constitution of the state of Wyoming submitted by a two-thirds (2/3) vote of each of the houses of the state legislature or a proposed new constitution submitted by a constitutional convention shall be placed on the ballot at the next general election and shall be ratified if approved by a majority of the electors voting at the next general election. (e) If votes in an amount in excess of fifty percent (50%) of those voting in the general election are cast in favor of adoption of an initiated measure, the proposed law shall be enacted, and the secretary of state shall so certify. The act shall become effective ninety (90) days after certification. (f) If votes in an amount in excess of fifty percent (50%) of those voting in the general election are cast in favor of rejection of an act referred, the act is rejected, and the secretary of state shall so certify. The act rejected by referendum is void thirty (30) days after certification.

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22-2-118. Repealed By Laws 2014, Ch. 108, § 2.

Repealed By Laws 2014, Ch. 108, § 2.

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22-2-119. Qualified elector may vote; acceptable identification requirement; provisional ballots.

Except as specifically provided otherwise, a person may vote only if the person is a qualified elector, only in the precinct in which the person resides and, if voting in person, only if the person presents acceptable identification immediately before voting at the polling place or absentee polling place. If a person is unable to present acceptable identification immediately before voting at the polling place or absentee polling place, the person may vote by provisional ballot pursuant to W.S. 22-15-105.

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22-2-120. Publication of Election Code.

The secretary of state, not later than the first of July in general election years, shall publish the Election Code on the secretary of state's official website.

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22-2-121. Chief election officer to prepare forms; rules; advice.

(a) In carrying out his responsibilities under title 22, the secretary of state shall prepare: (i) Written directives and instructions relating to and based on the election laws; (ii) Sample copies of prescribed and suggested forms; (iii) Advice or request from the attorney general's office advisory opinions on the effect of election laws and their application, operation and interpretation. (b) The secretary of state shall promulgate such rules as are necessary to maintain uniform voting and vote counting procedures and orderly voting. (c) The secretary of state shall have the authority to issue a directive to the county election officers necessary to ensure voter registration and elector participation when a uniformed services or emergency personnel elector could not otherwise vote. (d) The secretary of state is authorized to adopt rules and regulations necessary to comply with the requirements of the Help America Vote Act of 2002, Public Law 107-252, including a state-based administrative complaint procedure, which shall not be subject to the Wyoming Administrative Procedure Act. (e) The secretary of state is authorized to adopt rules and regulations necessary to comply with the requirements of the Military and Overseas Voter Empowerment Act of 2009, P.L. 111-84, and shall have the authority to issue directives to county election officers necessary to ensure compliance with the act. Directives authorized under this subsection may include: (i) That ballots be available for Uniformed and Overseas Citizens Absentee Voting Act voters forty-five (45) days prior to the election; (ii) How ballots are to be transmitted electronically; (iii) How returned ballots shall be tabulated; and (iv) What information shall be provided to Uniformed and Overseas Citizens Absentee Voting Act voters. (f) The secretary of state shall have the authority to issue directives to county election officers necessary to ensure the proper conduct of elections, including voter registration and elector participation when there is a declared natural disaster or other impending or declared emergency which interferes with an election. (g) The secretary of state shall adopt rules and regulations that allow for the counting of ballots at a central counting center. The rules shall specify procedures for delivering ballots to the central counting center.

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22-2-122. State and federal share of qualified election expenses; election readiness account.

(a) There is created the election readiness account. The account shall consist of federal funds received by the state of Wyoming from the federal election assistance commission's 2018 Help America Vote Act (HAVA) election security fund and any state appropriations authorized by the legislature. Funds in the account shall be subject to appropriation. Notwithstanding W.S. 9-2-1008 and 9-4-207, earnings from the funds in the account shall be credited to the account and shall not lapse at the end of any fiscal period. (b) Funds in the account shall only be used for replacement and maintenance of voting systems and other ongoing election costs as allowed by the Help America Vote Act (HAVA). Disbursements and expenditures from the account shall be made at the discretion of the secretary of state in consultation with the county clerks. (c) Commencing in 2019, and annually thereafter, the secretary of state shall document disbursements and expenditures from the account. No later than November 15 of each year, the secretary of state shall report any disbursements and expenditures from the account to the joint appropriations committee, the joint corporations, elections and political subdivisions interim committee and the governor.

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22-2-123. Private funds in elections prohibited.

(a) Notwithstanding any other provision of law, no agency or any state or county official responsible for conducting elections, including, but not limited to, a county clerk, shall solicit, accept, use or dispose of any donation in the form of money, grants, property or personal services from an individual or nongovernmental entity for the purpose of funding any type of expenses related to election administration, including, but not limited to, voter education, voter outreach or voter registration programs. All costs and expenses relating to elections shall be paid with public funds. This subsection shall not apply to meals or food provided or donated in support of election training or education, or to meals or food provided on election day to poll workers and other election staff. This section shall not apply to elections that are conducted by a special district in accordance with W.S. 22-29-113. (b) No individual or nongovernmental entity shall provide or offer to provide any donation in the form of money, grants, property or personal services in violation of subsection (a) of this section. (c) Nothing in this section shall be construed to prohibit: (i) The acceptance and expenditure of federal funds for purposes of conducting elections as provided by law; (ii) The use of private real property for purposes of use as a polling place as provided by this Election Code.

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22-3-101. When required; prior registration in effect.

(a) Registration is required before a person may vote. (i) Repealed By Laws 1998, ch. 100, § 5. (ii) Repealed By Laws 1998, ch. 100, § 5. (iii) Repealed By Laws 1998, ch. 100, § 5. (b) Any voter legally registered prior to May 25, 1973, is considered registered under the Election Code enacted in 1973.

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22-3-102. Qualifications; temporary registration.

(a) A person may register to vote not less than fourteen (14) days before an election, at any election specified in W.S. 22-2-101(a)(i) through (viii) or as provided by W.S. 22-3-117, who satisfies the following qualifications: (i) He is a citizen of the United States, as evidenced by providing proof of United States citizenship as defined by W.S. 22-1-102(a)(lvi); (ii) He will be at least eighteen (18) years of age on the day of the next election provided he shall not be permitted to vote until he has attained the age of eighteen (18); (iii) He is a bona fide resident of Wyoming as determined in accordance with W.S. 22-1-102(a)(xxx); (iv) He is not currently adjudicated mentally incompetent; (v) He has not been convicted of a felony, or if convicted has had his civil or voting rights restored; (vi) He has been a bona fide resident of Wyoming for not less than thirty (30) days before the date of the next election. (b) Repealed By Laws 2004, Chapter 94, § 4. (c) Repealed By Laws 1998, ch. 100, § 5. (d) An absent uniformed services or an overseas citizen voter who is qualified to register by mail, to request an absentee ballot, and to vote in Wyoming is entitled to register by mail annually using the Federal Postcard Application for the purpose of voting in any election during the calendar year for which the voter registered. The voter's name shall not appear on the permanent official registry list until the voter has registered as provided in W.S. 22-3-103 and 22-3-104. (e) The secretary of state is authorized to provide for the verification of certain voter registration data in accordance with the following: (i) The secretary of state and the director of the department of transportation shall enter into an agreement to match voter registration data with information maintained by the department regarding driver's licenses, in order to verify the information provided on applications for voter registration, determine if any alien identification number or other evidence of non-United States citizenship is kept within corresponding driver's license records, determine if any voters listed in the Wyoming voter registration system have subsequently received a driver's license from another state as indicated by information received from other states, including but not limited to information received from the state-to-state verification service operated by the American association of motor vehicle administrators or verify any other information indicating a voter should be ineligible to vote at the request of the secretary of state; (ii) The secretary of state and the attorney general shall enter into an agreement to compare data in the voter registration system with information maintained by the division of criminal investigation regarding state felony convictions in order to deny voter registration to, and remove from voter registration lists, individuals who are not qualified electors; (iii) The secretary of state and the director of the department of health shall enter into an agreement to match information in the voter registration system with death records in the office of vital records services within the department of health in order to remove names of deceased individuals from voter registration lists; (iv) The secretary of state, the state board of parole and the department of corrections shall enter into an agreement to match information in the voter registration system with records regarding restoration of voting rights maintained by the state board of parole or the department of corrections in order to verify voter qualifications; (v) The secretary of state and the supreme court shall enter into an agreement to match information in the voter registration system with other records in order to generate jury lists; (vi) The secretary of state may utilize the systematic alien verification for entitlements (SAVE) program operated by the United States citizenship and immigration services for purposes of verifying that voters listed in the Wyoming voter registration system are United States citizens. (f) The department of transportation shall furnish monthly to the secretary of state a complete list of all persons who have indicated a noncitizen status in obtaining any document, or renewal thereof, issued pursuant to W.S. 31-7-115 and 31-8-102. The secretary of state may transmit the information from the list to appropriate county clerks. Information in these lists shall be kept confidential and available only for official use.

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22-3-103. Furnishing of oath forms; contents thereof.

(a) The county clerk shall furnish voter registration oath forms to registry agents which forms shall require the following voter information from the applicant: (i) His full legal name; (ii) His current residence address or if living temporarily in another state or nation, his last residence address in Wyoming; (iii) His postal address if different from his residence address; (iv) His date of birth; (v) Acceptable identification as defined pursuant to W.S. 22-1-102(a)(xxxix); (vi) Either: (A) The applicant's Wyoming driver's license number, or if the applicant has no current, valid Wyoming driver's license, a statement to that effect and the last four (4) digits of the applicant's social security number, or if the applicant has neither, a statement to that effect; or (B) A tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming, the Northern Arapaho tribe of Wyoming or other federally recognized Indian tribe that contains the applicant's Wyoming driver's license number, if the applicant has a Wyoming driver's license, and the last four (4) digits of the applicant's social security number. (vii) His political party affiliation, if any. (viii) Repealed By Laws 2010, Ch. 3, § 3. (ix) Proof of residence as defined in W.S. 22-1-102(a)(lv); (x) Proof of United States citizenship as defined by W.S. 22-1-102(a)(lvi). (b) Following the provision of the information required in subsection (a) of this section, the form shall require the applicant's signature in full below the following oath: I, ...., do solemnly swear (or affirm) that I am a citizen of the United States; that I am a bona fide resident of the state of Wyoming and this county; I have resided in the state for not less than thirty (30) days before the date of the next election; that if registered in another county or state, I hereby request that my registration be withdrawn; that I will be at least eighteen (18) years of age on or before the next election; that I am not currently adjudicated a mentally incompetent person, that I have not been convicted of a felony, or if I have been convicted of a felony, I have had my civil or voting rights restored by a competent authority; and that the voter registration information contained herein is true and accurate to my best knowledge and belief. .... (Signature in full of applicant) Subscribed and affirmed or sworn to before me by .... this .... day of ...., (year). .... (Signature and title of registry agent or person authorized to administer oaths) (c) Persons in the uniformed services and overseas citizens, as specified in W.S. 22-3-117, shall swear or affirm to the oath under the penalty of perjury. The oath does not require the signature of an oath-taking officer.

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22-3-104. Methods of verification; signing oath; time for proving eligibility; registration locations.

(a) Repealed By Laws 2004, Chapter 94, § 4. (b) Repealed By Laws 2004, Chapter 94, § 4. (c) Repealed By Laws 1998, ch. 100, § 5. (d) An applicant may only register to vote in person or by mail at which time he shall provide the information required by W.S. 22-3-103(a) and sign the registration oath as required by W.S. 22-3-103(b). (i) Repealed By Laws 2005, ch. 110, § 2. (ii) Repealed By Laws 2005, ch. 110, § 2. (iii) Repealed By Laws 2005, ch. 110, § 2. (e) Repealed By Laws 2005, ch. 110, § 2. (f) A person shall be registered to vote as follows: (i) Repealed By Laws 2014, Ch. 108, § 2. (ii) Registration is effective: (A) At the polls for the purpose of voting. Upon verification of the information, the voter shall continue to be registered. Upon failure of verification, the voter's registration shall be revoked in accordance with W.S. 22-3-105; (B) For registration, other than at the polls, after the voter registration information has been entered onto the voter registration system and verified. (g) On election day, applicants attempting to register who lack the proof required under this section shall be offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to register and to vote in the precinct. (h) An applicant may register to vote in person: (i) In his proper polling place at any election specified in W.S. 22-2-101(a)(i) through (viii); or (ii) In the office of the county clerk or city clerk in the principal office building of the county or city in the presence of the registry agent. (j) A county or city clerk may establish and maintain registration facilities in a public area owned or occupied by a political subdivision or governmental institution, agency or entity, after giving not less than two (2) days notice by publication in a newspaper of general circulation in the county and by posting such notice in such clerk's office. The requirements of subsection (h) of this section regarding the place of registration shall not apply to a person registering in accordance with this subsection.

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22-3-105. Investigation of voter qualifications; striking names from registry; criteria; notice; appeal.

(a) The county clerk may investigate the qualifications of any voter registration, when he has reasonable cause to believe that the voter may be unqualified. The county clerk shall, after a thorough investigation, strike from the voter registration lists the name of any person who is not qualified to be registered. (b) Among the criteria the county clerk may use in determining the qualifications of any person to be registered are the following: (i) Location of dwelling of registrant and family; (ii) Occupation and location of employment; (iii) Location of vehicle registration; (iv) Wyoming driver's license or tribal identification card that meets the requirements of W.S. 22-3-103(a)(vi)(B); (v) Property owned; (vi) Any other residency qualifications either provided by law or deemed reasonable by the clerk to render a judicious determination. (c) The clerk shall give immediate written notice by certified return receipt mail to any person who is denied registration. (d) Any person who is denied registration has the right to appeal to a circuit court within the county or to the district court within five (5) days of the date of the notification. The appellant shall not be required to obtain legal counsel for any such appeal. (e) The court shall hear and decide any such appeal within five (5) days from the date the appeal is received. (f) The provisions of the Wyoming Administrative Procedure Act are not applicable to voter registration appeals.

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22-3-106. Request for voter registration withdrawal; form.

If a voter registration applicant affirms that he is registered in another county or state, the registry agent shall require that the applicant make a written withdrawal of voter registration from another county or state on the Wyoming registration application.

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22-3-107. Information registry agent may enter on registration form.

The registry agent may determine and enter on a voter registration oath form the voting district number, polling precinct number, school district number, house district number and senate district number after the applicant signs the form.

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22-3-108. Official registry list information.

(a) The official registry list shall contain at least the following information as to each registered elector: (i) Name in full; (ii) Residence by street number and name, if any; (iii) Voting district and precinct numbers; (iv) Party affiliation, if declared; (v) House and senate district numbers; (vi) Date of birth; (vii) The elector's Wyoming driver's license number, or if the elector has no Wyoming driver's license, one (1) of the following unique identifying numbers: (A) The last four (4) digits of the elector's social security number, or if the elector also has no social security number; (B) A unique identifying number generated by the state. (viii) A unique identifying number generated by the state; (ix) Information relating to absentee ballot status; and (x) Date of registration. (b) The official registry list may contain the following information as to each registered elector: (i) Repealed By Laws 2004, Chapter 94, § 4. (ii) County of residence; (iii) Repealed by Laws 2023, ch. 67, § 2. (iv) Repealed By Laws 2004, Chapter 94, § 4. (v) Name of municipal corporation of residence, if any; (vi) Number of school district of residence; (vii) Mailing address; (viii) Gender; and (ix) Telephone number, if any. (c) The county clerk may maintain within the election records the social security numbers of registered electors for identification purposes.

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22-3-109. Certification and transmittal of poll lists; posting of registry lists.

(a) Not less than ten (10) days before any election, the county clerk shall certify and transmit to the officer in charge of each election at his request the necessary poll lists for the precincts or areas involved in the election. Not less than ten (10) days prior to the primary and general elections the county clerks shall upon request deliver up to three (3) poll lists for each precinct in the county to the county chairman of each political party in the respective counties. (b) The county clerk shall publicly post in a prominent place at the county courthouse one (1) copy of the registry list for each precinct.

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22-3-110. Expense of preparing poll lists.

The expense of preparing poll lists required by law to be provided by the county clerk in combined statewide political subdivision elections, shall be shared on an equitable basis by the governmental entities participating in the election. The expense of preparing other poll lists shall be paid by the entity holding the election.

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22-3-111. Preparation and contents of pollbooks.

(a) The county clerk shall prepare the necessary pollbooks for statewide and political subdivision elections held on the same date. The pollbooks shall contain the poll lists. (b) Pollbooks shall be prepared for special district elections by the officials in charge of such elections. The county clerk shall furnish poll lists as required and requested by such officials.

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22-3-112. Pollbook distribution; entering information.

Before the polls open, the county clerk shall distribute the pollbooks to the judges of election in the respective polling places. The judges of election shall enter in pollbooks all information required by law.

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22-3-113. Disposition of pollbooks after polls close.

(a) After the polls are closed, judges of the election shall make printed pollbooks agree and shall return one (1) pollbook to the county clerk. (b) When electronic pollbooks are used, they shall be returned to the county clerk.

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22-3-114. Notification by registered elector of name or address change.

A registered elector who changes his name or changes his residence from one address to another within the same county shall notify the county clerk of the change, including in the notification the name, address, precinct and social security number (optional) under which registered and the nature of the change.

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22-3-115. Grounds for cancellation of registration.

(a) A registered elector's registration shall be cancelled for any one (1) of the following reasons: (i) Failure to vote in any general election; (ii) Death; (iii) Removal of residence from the county or state more than thirty (30) days prior to an election; (iv) Disqualification to vote; (v) Receipt of notification that the elector has registered to vote in another jurisdiction; (vi) Upon written request of the elector at any time except for the period for which party changes are prohibited as specified in W.S. 22-5-214. (b) A registered elector's registration shall not be cancelled if the elector in any general election requested an absentee ballot which was rejected.

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