22-5-403. Vacancies in nomination for minor and provisional parties; withdrawal restricted.
(a) Any vacancy in nomination which occurs if a minor or provisional party certified candidate dies, is disqualified to hold the office for which nominated or files a withdrawal or rejection of nomination may be filled by a certification from the state party chairman and state party secretary.
(b) A candidate may withdraw only by filing a written withdrawal in the filing office in which he filed his application for nomination. If a candidate withdraws after the ballots are finalized and approved for printing by a county clerk in any county where the candidate’s name will appear on the ballot, the county clerk shall not be required to remove the candidate’s name from the ballot, but shall post a notice at each polling place announcing that the named candidate is not the party’s nominee for the office designated.
(i) Repealed By Laws 1998, ch. 100, § 5.
(ii) Repealed By Laws 1998, ch. 100, § 5.
(iii) Repealed By Laws 1998, ch. 100, § 5.
22-6-101. Certification of candidates nominated; printing of names.
Not less than sixty (60) days before each general election the secretary of state shall transmit to each county clerk under party headings a certified list of the name and address of each person nominated by primary election as indicated by the state canvass, the name of each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought. The names of these candidates shall be printed on the official ballot of the general election.
22-6-102. County clerk to print ballots; exception.
(a) The county clerk shall print official ballots for his county, for all primary, general and special elections.
(b) All other ballots shall be provided by the official responsible for conducting the election.
(a) The official ballot shall contain the name of every candidate and every ballot proposition lawfully entitled to appear on the ballot. Only official ballots shall be cast at any election.
(b) The official absentee ballot shall be in the form prescribed by law for the official ballot.
The officer providing the official ballot shall also print sample ballots which shall be identical to the official ballot except that it shall contain the words "SAMPLE" in large clear letters and may be printed on paper of a different color than the official ballot. The officer shall distribute copies of the sample ballot to each polling place prior to opening of the polls. The judges of election shall post at least one (1) copy of the sample in the polling place during the election. The county clerk shall have the samples available in his office for the public.
The officer providing the official ballots shall publish sample ballots at least once in a newspaper of general circulation in the district in which each primary and general election is held within two (2) weeks prior to the election. This notice shall also state that the names of candidates will be rotated on the official ballots and will not always appear in the order indicated in the sample ballots.
Official ballots not delivered to a polling place or lost, stolen or destroyed shall be replaced immediately by the official providing the ballot. Judges of election receiving replacement ballots shall sign a receipt therefor in which they shall state under oath, before each other, that the original ballots were not delivered to the precinct or have been lost, stolen or destroyed.
22-6-107. Time for possession of ballots and labels.
(a) Official ballots for primary and general elections shall be in the county clerk's possession forty-five (45) days before the election. If a clerk is unable to obtain ballots on time, the secretary of state shall provide by rule and regulation for the clerk to obtain and use substitute ballots.
(b) Notwithstanding subsection (a) of this section, county clerks shall make official absentee ballots for primary and general elections available to voters with rights under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, and future acts amendatory or supplemental thereto, forty-five (45) days before the election.
(a) The official responsible for preparing the ballot shall correct errors or omissions as soon as possible.
(b) The official shall post a copy of each ballot in his office not later than the day when the official must have the ballot in his possession.
22-6-109. Elector's petition alleging error or omission.
(a) Not later than three (3) days after the ballot is posted an elector may file a notarized affidavit with the county clerk alleging that an error or omission exists in any official ballot to be voted within the county. The county clerk shall, if the affidavit has merit, correct the error or omission as soon as possible.
(b) Not earlier than three (3) days and not more than six (6) days after filing the notarized affidavit with the county clerk, if the clerk fails to correct the alleged error or omission, the elector may file a petition in district court alleging that an error or omission exists in any official ballot to be voted within the county. The court shall, as soon as practical, order the ballot corrected or dismiss the petition.
22-6-111. Only name of candidate on ballot; exception.
A candidate may use the name on the ballot by which he is generally known. Professional titles and degrees shall not appear on the ballot. If in the opinion of the officer with whom the application for nomination or election is filed the names of two (2) or more candidates for any office to be voted on at the same election are the same or so similar as to confuse the electors as to the candidates' identity, the occupation and residence address of each of these candidates shall be printed under the candidate's name on the ballot.
(a) No candidate's name shall appear on the partisan ballot more than once, except that of a candidate for the office of precinct committeeman or committeewoman, who may also seek the office of president or vice president of the United States or another office on the same partisan primary ballot.
(b) No candidate's name shall appear on the general election ballot more than once, except that a candidate for a partisan office may also seek the office of president or vice president of the United States or a nonpartisan office on the same general election ballot in accordance with W.S. 22-2-116.
More than one (1) ballot may appear on a voting machine but if several ballots are placed on a machine they shall be clearly separated to prevent confusion.
22-6-115. Specifications for paper ballots; arrangements on voting machines.
Official paper ballots shall be uniform in size, printed in black ink on good quality paper through which printing cannot be read. Ballots shall be white except as otherwise provided. On a voting machine each column or row containing the titles of offices and candidates for office shall be arranged to indicate clearly the office for which a candidate is running.
22-6-116. Printing type size of party and candidate names.
On official ballots the political party name or title shall be printed in capital letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The names of all candidates shall be printed in the same size letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The name of each political party shall be printed in the same type size as that of every other political party.
22-6-117. Order of listing offices in partisan elections.
(a) The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:
(i) President and vice-president of the United States, or electors therefor, or as otherwise required by an act of congress;
(ii) United States senator;
(iii) Representative in congress;
(iv) Candidates for governor, secretary of state, state auditor, state treasurer, and superintendent of public instruction;
(v) Repealed by Laws 1992, ch. 1, § 7.
(vi) Candidates for state senate;
(vii) Candidates for state house of representatives;
(viii) Repealed By Laws 2014, Ch. 108, § 2.
(ix) Candidates for county commissioner, coroner, district attorney, county attorney, sheriff, clerk, treasurer, assessor, and clerk of the district court;
(x) Repealed By Laws 2008, Ch. 115, § 2.
(xi) Candidates for precinct offices.
(a) The primary ballot of political parties shall be printed on the following colored paper or on paper with the following color demarcation as provided by rule and regulation of the secretary of state:
(i) Republican party-White;
(ii) Democratic party-Blue;
(iii) Repealed by Laws 1991, ch. 243, § 5.
(iv) Additional major parties - A different color for each major party.
(a) The primary ballot of each major political party shall be printed in substantial compliance with this format:
(i) Across the top shall be printed "Official Primary Election Ballot" followed by the name of the major political party;
(ii) On the first line shall be printed the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct;
(iii) On the second line shall be printed the following instructions: "To vote for a person whose name is printed on the ballot, mark the square immediately adjacent to the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot, write the person's name in the blank space provided for that purpose and mark the square immediately adjacent to the name of the person.";
(iv) Candidates for the different offices shall be arranged in separate groups. At the top of each group shall appear the title of the office. Adjacent to the title of the office shall be printed "Vote for one" or if more than one (1) are to be voted for, "Vote for not more than", then the appropriate words and figures designating the proper number to be elected;
(v) Below the list of candidates in each group shall be printed blank lines for write-in candidates equal in number to the number of candidates to be voted for;
(vi) Adjacent to the name of each candidate and blank line shall be printed a square for marking the vote. No square shall appear at the top of a column;
(vii) Repealed By Laws 1998, ch. 100, § 5.
(viii) Repealed By Laws 1998, ch. 100, § 5.
(a) The general election ballot shall be printed in substantial compliance with this format:
(i) Across the top shall be printed "Official General Election Ballot";
(ii) On the first line shall be printed the name of the county in which the ballot is used, the date of the election, and blank lines for entry of the election district and precinct number;
(iii) On the second line shall be printed the same instructions as prescribed for primary elections in W.S. 22-6-119;
(iv) The designation of offices and the applicable term of office shall be printed preceding the names of candidates for the office;
(v) Repealed By Laws 1998, ch. 100, § 5.
(vi) Repealed By Laws 1998, ch. 100, § 5.
(vii) The names of partisan party candidates, if candidates have filed, and independent candidates, if candidates have filed, shall be printed in a separate column or columns, row or rows, and the name of the party represented or the word "Independent" shall be printed directly above the candidate's name or at the end of the row. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or the word "Independent" at the top of the column or beginning of the row;
(viii) Repealed By Laws 1998, ch. 100, § 5.
(ix) For offices to which more than one (1) person is to be elected, the names of candidates in each column running for the office shall be offset or staggered to prevent two (2) names from appearing directly opposite each other;
(x) Below the names of candidates for each office shall be printed blank lines for write-in candidates equal in number to the number of persons to be elected;
(xi) Adjacent to the name of each candidate, except those running for the office of president and vice-president of the United States and their electors, and adjacent to each blank line for write-in candidates, shall be printed a square for marking the vote. A single square shall be printed to indicate the vote for candidates for the office of president and vice-president of the United States. No square shall appear at the top of a column;
(xii) Adjacent to the description of any office shall be printed "Vote for one" or if the office is to be filled by more than one (1) candidate shall be printed "Vote For Not More Than", then the appropriate words and figures designating the proper number to be elected;
(xiii) Vertical columns containing the names of candidates shall be separated by a blank line one-twelfth inch wide;
(xiv) The official statement of the ballot proposition shall commence on the next line;
(xv) Adjacent to the final line of such statement shall be printed two (2) squares on the same line. Above the first square shall be printed the word "For" and above the second square shall be printed the word "Against";
(xvi) Repealed By Laws 1998, ch. 100, § 5.
22-6-121. Political party ballot position on general election ballot; order of candidates' names.
(a) Political party position shall be determined on the general election ballot according to the number of votes received by each party within the county for the office of representative in congress at the last preceding general election. The party receiving the highest number of votes shall appear first following the names of the offices to be voted for and other parties shall follow in the order of their respective numbers of such votes. The order of any provisional parties will be drawn by the secretary of state. Any independent candidates shall appear following the last party and shall be listed in alphabetical order, subject to rotation. When more than one (1) candidate is to be elected to a particular office, the names of candidates shall be printed in alphabetical order, subject to rotation, on all ballots for electronic and machine voting systems as defined by W.S. 22-1-102.
(i) Repealed By Laws 1998, ch. 100, § 5.
(ii) Repealed By Laws 1998, ch. 100, § 5.
(iii) Repealed By Laws 1998, ch. 100, § 5.
22-6-122. Rotation of candidates' names; equal lines on voting machines.
The names of candidates for each office shall be rotated on all ballots by precinct for all elections. In each county the name of each candidate shall appear substantially an equal number of times at the top, at the bottom, and in each intermediate place. In a voting machine polling place, if candidates for the same office occupy more than one (1) line on the voting machine, the number of names appearing on each line shall be as nearly equal as possible.
22-6-123. Nonpartisan election ballots and ballot propositions.
Primary and general election ballots for nonpartisan offices and ballot propositions shall be printed on yellow paper or paper with yellow demarcation as provided by rule and regulation of the secretary of state, separate from partisan ballots. They shall contain no political party designations, but otherwise shall conform to the same general requirements for official partisan ballots except as otherwise specifically provided.
Following all offices on nonpartisan ballots, ballot propositions shall be printed in the order prescribed by law. The name and official number, if any, of each ballot proposition shall be printed adjacent to the proposition in large letters. Nonpartisan ballots shall contain the same instructions as prescribed for partisan primary election ballots in W.S. 22-6-119. If the ballot contains a proposed constitutional amendment or other ballot proposition, the instructions shall also include the following: "To vote for or against a proposed constitutional amendment, initiative or referendum, or other ballot proposition, mark the square printed adjacent to the proposition marked 'For' or 'Against'."
22-6-125. Order of offices and ballot propositions on nonpartisan ballots.
(a) The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:
(i) Retention of justices of the supreme court;
(ii) Retention of district court judges;
(iii) Retention of circuit court judges;
(iv) Retention of magistrates;
(v) Repealed By Laws 2004, Chapter 42, § 2 and Chapter 94, § 4.
(vi) Candidates for municipal offices;
(vii) Candidates for community college trustees;
(viii) Candidates for school board trustees;
(ix) Candidates for special district directors;
(x) Candidates for other offices of county subdivisions;
(xi) Constitutional amendments;
(xii) Initiative propositions;
(xiii) Referendum propositions;
(xiv) Other ballot propositions.
(a) The official nonpartisan ballot for a general election shall be printed in substantially the following form: OFFICIAL NONPARTISAN ELECTION BALLOT GENERAL ELECTION County of ...., Election District ...., Precinct .... Date .... (here print instructions) CANDIDATES FOR PUBLIC OFFICE For Justice(s) of the Supreme Court (Here designate the particular term, such as "regular eight (8) year term", or the "unexpired term of .... years"). Shall Justice John Roe be retained in office? Yes__ No__ Shall Justice Richard Roe be retained in office? Yes__ No__ ___________________________________________________________ For Judge(s) of the District Court of the .... Judicial District (Here designate the particular term, such as "regular six (6) year term", or the "unexpired term of .... years"). Shall Judge Jane Roe be retained in office? Yes__ No__ Shall Judge Richard Roe be retained in office? Yes__ No__ ___________________________________________________________ For Circuit Court Judge (Here designate the particular term, such as "regular four year term", or the "unexpired term of .... years"). Shall Judge John Roe be retained in office? Yes__ No__ Shall Judge Richard Roe be retained in office? Yes__ No__ ___________________________________________________________ For Magistrate (Here designate the particular term, such as "regular four (4) year term", or the "unexpired term of .... years"). Shall Magistrate John Doe be retained in office? Yes__ No__ Shall Magistrate Richard Roe be retained in office? Yes__ No__ Align all designations of office to correspond on the ballot with the listing of names of candidates for the proper office and term. ___________________________________________________________ BALLOT PROPOSITIONS Proposed Constitutional Amendment Letter A: For Against (Ballot Statement) __ __ Proposed Initiative Proposition Number One: For Against (Ballot Statement) __ __ Proposed Referendum Proposition Number One: For Against (Ballot Statement) __ __ Other Ballot Propositions: For Against (Ballot Statement For Each Proposition) __ __
(b) The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the supreme court, judges of the district court and circuit court judges but otherwise shall be in the same form as the general election nonpartisan ballot.
22-6-127. Rotation of names on nonpartisan ballots.
(a) The names of candidates for each nonpartisan office shall be rotated on the ballot in the same manner as required by law for candidates for partisan office.
(b) Rotation is not necessary if the number of candidates is equal to or less than the number of seats up for election.
At the county clerk's discretion, separate ballots for bond, school and community college districts, and special district elections may be required and shall be provided by the authority responsible for holding the election. Ballots shall conform as nearly as possible to general requirements specified by law for the general election ballot, except as otherwise specifically provided.
(a) Each county clerk shall complete an audit of the county's unofficial election results by identifying and reviewing the smallest observable percentage between the statewide candidates who received the most votes and the statewide candidates who received the second highest votes for each contest within the county not later than the first Thursday following a primary, special or general election. Additional contests may be added to the audit at the discretion of the county clerk. Using a formula developed by the University of Wyoming, each county clerk shall use the smallest observable percentage to determine a statistically significant sample size of the ballots to be audited under this section. To ensure the timely completion of this procedure under this subsection, the number of ballots audited shall not exceed five percent (5%) of the total number of ballots cast.
(b) Each county clerk shall conduct an audit of the election using the statistically significant ballot sample size and the corresponding ballots for the contests selected for audit determined under subsection (a) of this section. Each county clerk shall provide the audit results to the secretary of state not later than one (1) day before the meeting of the state canvassing board as provided in W.S. 22-16-118.
The board of county commissioners with the advice or recommendation of the county clerk, no later than its first meeting in May in every general election year shall divide the county into not more than thirty (30) election districts. Each district shall be designated by number. Election districts shall be changed only at this designated meeting.
(a) A precinct boundary shall not be changed unless a notice describing all proposed changes 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 board shall also mail by certified mail return receipt requested copy of this notice to the county chairman of each political party in the county not later than fifteen (15) days before the meeting at which the proposed changes will be discussed. A proposed change in a precinct boundary may be finalized by the board only at the designated meeting. Each precinct shall be designated by number.
(b) However, changes to municipal precinct boundaries due to the annexation of any territory shall be effective upon the date provided in the ordinance.
22-7-103. Establishing or altering election districts or precincts; designation of special precincts.
(a) In establishing or altering election districts or voting precincts, the board of county commissioners shall be guided by the interests and convenience of the greatest number of electors involved. Election districts and voting precincts shall coincide with the boundary of a municipality or ward therein and school and community college trustee residence areas and shall not cross municipal boundaries except in cases where the board of county commissioners finds, and specifies in the minutes of its meeting the reasons why it is not practical to conform the boundaries of the election district or precinct to the municipal boundary.
(b) For elections other than the primary and general election, the county commissioners may designate different precincts than those used in the general election.
22-7-104. Procedure following resolution altering precinct area.
Within five (5) days after the adoption of a resolution dividing or consolidating a precinct, or changing a precinct boundary, the county clerk shall send a certified copy of the resolution to the secretary of state and to the county chairman of each political party and notify by mail all registered electors receiving a new precinct number.
22-8-101. Notice of election officials needed; county
chairmen to submit list of names; municipal clerks list of names appointment.
(a) Not later than the third Tuesday of April in each general election year, each county clerk shall notify the county chairmen of the major and minor political parties in the county of the number of election judges and counting board members and alternates needed for the ensuing two (2) year term.
(b) Not later than the third Tuesday of May in each general election year the county chairman of each major and minor political party in each county may certify to the county clerk a list of registered electors residing in the county and affiliated with the party, and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, who are willing to serve as a judge of election or as a member of a counting board.
(c) Not later than the third Tuesday of May in each general election year municipal clerks may submit to the county clerk a list of registered electors, and a list of persons who are at least sixteen (16) years of age who otherwise meet all requirements for qualification as an elector, residing in the municipality they represent who are willing to serve as a judge of election or as a member of a counting board.
(d) Not later than June 30, the county clerk on each general election year shall appoint judges of election and counting boards and alternates from lists submitted by the county chairmen of the major and minor political parties. This subsection shall not apply to judges appointed by the county clerk to serve on audit boards.
(e) If the list of nominees for judges of election and members of counting boards provided by the county chairman is insufficient, the county clerk shall consider the list submitted by the municipal clerks and may appoint any elector otherwise qualified to be a judge of election or a member of a counting board.
Except as otherwise provided by this section, judges of election and members of counting boards shall be registered electors and shall be physically, morally and mentally competent to perform their duties. The county clerk may appoint persons who are at least sixteen (16) years of age to serve as judges of election or members of counting boards if such persons meet all other requirements for qualification of an elector. A judge of election shall not be a member of a counting board at the same election except as provided by W.S. 22-8-108(d) and except as provided in this section. For the 2026 primary and general elections, a judge of election shall not be a member of a counting board at the same election except as provided by W.S. 22-8-108(d) or for the purposes of a hand count audit.