Prohibition on electronic voting equipment.

25LSO-0558
2025
STATE OF WYOMING
25LSO-0558
Introduced
2.0

HOUSE BILL NO. HB0215

Prohibition on electronic voting equipment.

Sponsored by: Representative(s) Smith, S, Brady, Lucas and McCann and Senator(s) Ide and Smith, D

A BILL

for

AN ACT relating to elections; requiring the use of paper ballots for elections; requiring hand counting of paper ballots; specifying procedures for hand counting of paper ballots; repealing provisions related to electronic voting machines and electronic pollbooks; revising procedures for the post-election ballot audit; providing for testing of hand counting, tabulating and reporting systems; providing for election observers; providing penalties; making conforming amendments; providing for rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 22
‑
1
‑
102(a)(i), (iii), (xi), (xiv), (xxii), (xlii), (xliii), (xlix) and by creating new paragraphs (lv) and (lvi), 22
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3
‑
111 by creating a new subsection (c), 22
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6
‑
115, 22
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6
‑
121(a)(intro), 22
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6
‑
122, 22
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6
‑
130(a), 22
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8
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102, 22
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8
‑
107, 22
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8
‑
108(a), (b) and (c), 22
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8
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115(a), by creating a new subsection (b) and by amending and renumbering (b) as (c), 22
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9
‑
109(a), 22
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9
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125(d)(intro), 22
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11
‑
101.1(a), 22
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11
‑
102, 22
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11
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103(a)(iii), (vii), (viii) and (c), 22
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11
‑
104(a), (b)(intro), (ii)(intro), (A), (iii) and (v), 22
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11
‑
105, 22
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11
‑
106, 22
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12
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101 by creating a new subsection (c), 22
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12
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103, 22
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12
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107(a)(v) and (vi), 22
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12
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112, 22
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12
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114, 22
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12
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115, 22
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13
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103(b), 22
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13
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107, 22
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13
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110, 22
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14
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102, 22
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14
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104, 22
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14
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110, 22
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14
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111(a)(viii), 22
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14
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113, 22
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14
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114(a), 22
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15
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105(a), 22
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15
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109, 22
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16
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103(c)(i) and by creating a new subsection (e), 22
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16
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118, 22
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21
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109, 22
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22
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203(b), 22
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26
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101(a)(ii), (iv) and (vi), 22
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26
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103, 22
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26
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105 and 22
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26
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107(a)(intro) and by creating a new paragraph (v) are amended to read:

22
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1
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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
T
abulating equipment" means
apparatus that automatically examines and counts votes recorded on
any equipment used by a person in the hand counting process to examine
paper ballots
or ballot cards
and
tabulates
tabulate
the results
. "Tabulating equipment" shall not include any equipment that can be connected to the internet in any manner or that has any type of communication ability
;

(iii)

"Ballot
card
box
" means a
ballot that can be counted using automatic tabulating equipment
secure container in which paper ballots are placed for hand counting by qualified election judges
;

(xi)

"Counting center" is the location or locations designated by the county clerk for the
automatic
manual
tabulating and counting of ballots;

(xiv)

"
Electronic
Hand count
voting system" is a system
employing an electronic voting device in conjunction with
for the hand counting of
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;

(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
. "Pollbook" shall not include any hardware or software that can be connected to the internet in any manner
;

(xlii)

"Recount" is the processing of ballots through the
hand
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
tabulating
ballots
back
through the
hand
tabulation system for an additional time or times for the express purpose of reconciling the count;

(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;

(lv)

"Canvassing board" means the persons appointed to certify the results of an election after the counting board has counted ballots;

(lvi)

"Counting board" means the persons appointed to count the ballots after the polls close, or in a mail ballot election, to count the ballots after the deadline passes.

22
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3
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111.

Preparation and contents of pollbooks.

(c)

No electronic pollbook shall be used by any qualified election judge for an election. Nothing in this subsection shall prohibit a county clerk from using an electronic system for the purpose of preparing pollbooks for use in elections.

22
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6
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115.

Specifications for paper ballots.

(a)

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
E
ach 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.
Ballots shall be formatted to facilitate hand tabulation.

(b)

Blank ballots specifically designed for an accessible voting machine in accordance with the Help America Vote Act shall be obtained from the vendor of accessible voting machine. The voting machine shall produce ballots that can be read by human election workers. Unreadable bar codes or quick response codes that cannot be deciphered by human election workers shall not be printed on the ballot.

22
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6
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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.

22
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6
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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
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6
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130.

Post
‑
election ballot audit.

(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.
Not later than five (5) days before the audit the county clerk shall notify the county chairman of each political party with a candidate on the ballot of the audit, and any independent candidate on the ballot, stating the time and place of the audit under this subsection. Representatives of each political party, and representatives of any independent candidate, may be present for the audit.
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,
T
he number of ballots audited shall
not exceed
be not less than
five percent (5%) of the total number of ballots cast.

22
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8
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102.

Qualifications.

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
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108(d).

22
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8
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107.

Absentee ballot counting boards.

If the alternate procedure for counting absentee ballots described in W.S. 22
‑
9
‑
125 is used, at least
three (3)
four (4)
judges shall be appointed as an absentee ballot counting board in the same manner as other election judges are appointed
and shall hand count ballots using the same counting method as provided in W.S. 22
‑
14
‑
104(b)
. These judges shall determine legality of absentee ballots and count absentee ballots
or in the case of electronic voting systems, the ballots shall be counted
at the designated counting center.

22
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8
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108.

Appointment, composition and authority of counting boards; when judges to count.

(a)

The county clerk shall appoint a counting board for each paper ballot polling place casting more than three hundred (300) votes at the last general election, and may appoint a counting board in such a polling place in which one hundred fifty (150) or more such votes were cast at such election. A counting board shall have
three (3)
four (4)
members or more to facilitate the counting of votes
and shall hand count ballots using the same counting method as provided in W.S. 22
‑
14
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104(b)
. No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board.

(b)

A counting board shall be appointed for each designated counting center
.

in each county using an electronic voting system. The
Additional counting boards may be appointed by the county clerk depending on the number of ballots to be counted. Each
board shall consist of at least
seven (7)
five (5)
members who shall be the county clerk or his
designated deputy
designee
, and
three (3)
two (2)
members of each
major
political party
having a candidate on the ballot
appointed by the county clerk
from a list of registered electors pursuant to W.S. 22
‑
8
‑
101(b)
. Additional members may be appointed by the county clerk if deemed necessary by the county clerk but equal major party membership shall be assured.

No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board.
The counting board shall hand count ballots using the same counting method as provided in W.S. 22
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14
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104(b).

(c)

The counting board in a paper ballot polling place
has no authority to act until polls are declared closed as provided in W.S. 22
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13
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117, except as provided in W.S. 22
‑
9
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125(d). A counting board in an electronic voting system counting center
may commence preparing absentee ballots for counting at any time on election day, or before election day as provided in W.S. 22
‑
9
‑
125(d).

22
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8
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115.

Oath for election officials.

(a)

An
Each
election official
and election judge
shall subscribe to this oath
verbally and
in writing before entering upon his duties at each election:

"I do solemnly swear (or affirm) that I will impartially and to the best of my knowledge and ability
perform
discharge
the duties of
my office
an election official/election judge according to the law, and that I will not disclose how any elector has voted unless I am required to do so as a witness in a proper judicial proceeding. I will make no statement nor provide any information that in any way would reveal the actual or estimated vote count prior to the close of the polls on election day
. I will studiously endeavor to prevent all frauds, deceit and abuse in the application of the election laws of this state."

(b)

Each election observer shall subscribe to this oath verbally and in writing before entering upon his duties at each election:

"I do solemnly swear (or affirm) that I will make no statement nor provide any information that in any way would reveal the actual or estimated vote count prior to the close of the polls on election day."

(b)
(c)

The
oath
oaths under this section
shall be taken before the county clerk, his deputy or a previously sworn judge of election.

22
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9
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109.

Form of absentee ballot.

(a)

The absentee ballot shall be in the same form prescribed by law for the official ballot or
, for the transmission of Uniformed and Overseas Citizens Absentee Voting Act ballots only,
a reasonable printed reproduction of the prescribed form for electronic ballots.

22
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9
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125.

Alternate procedures for collecting and counting absentee ballots.

(d)

Notwithstanding
subsection (b) of this section and
any other mandatory procedures for counting absentee ballots under this chapter, the county clerk may choose to prepare and process absentee ballots the Thursday or Friday immediately preceding election day, provided:

CHAPTER 11
HAND COUNT VOTING SYSTEMS

22
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101.1.

Definitions.

(a)

As used in this chapter,
"Vendor" means a person engaged in selling, leasing, marketing, designing, building or maintaining electronic voting systems
"Hand count voting system" is a system
for
casting,
tabulating
, recording and reporting
election results to the state or counties
using manual hand counting of paper ballots and ensuring a proper chain of custody of paper ballots
.

22
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11
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102.

Use authorized; purchase or lease.

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

22
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11
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103.

Capabilities required.

(a)

Every
electronic
hand count
voting system adopted for use in Wyoming shall:

(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;

or by voting on an accessible voting machine for voters with disabilities, subject to the following:

(A)

Each polling place shall have at least one (1) accessible voting machine in accordance with the Help America Vote Act;

(B)

An accessible voting machine under this paragraph shall:

(I)

Be limited to a machine that can assist a voter with marking a paper ballot and shall not be used to tabulate votes;

(II)

Not be connected to the internet or able to be connected to the internet in any manner or have any other type of communication ability;

(III)

Comply with rules adopted by the secretary of state specifying requirements for accessible voting machines and shall be tested before each election. Before testing the accessible voting machines under this subdivision, the county clerk shall notify 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 and representatives of independent candidates may be present for the test, which shall be held at least two (2) weeks before the election. The test shall ascertain that the accessible voting machines will accurately record the votes cast for all offices and all measures. The test shall be conducted by processing a pre
‑
audited group of paper ballots on which are recorded a predetermined number of valid votes for each candidate and on each measure. During the test a different number of votes shall be assigned to each candidate for each office, and for and against each measure. If any error is detected, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified by the county clerk before the test can be certified. Additionally, accessibility functions, such as the audio and keypad shall be tested and verified to be in working order. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots. Rules adopted by the secretary of state under this subdivision shall ensure accessible voting machines comply with the Help America Vote Act and any other applicable requirements under law.

(vii)

Provide automatic tabulating equipment which shall
R
eject 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,
Provide assistance
in
the accurate hand
recording, tabulating and counting
of
every vote cast;

(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
hand counting
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 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
adopt hand counting voting procedures that
are not inconsistent with this Election Code and with the rules.

The rules shall be adopted following consultation with the county clerks.

22
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11
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104.

Conduct of elections in which hand count voting systems utilized.

(a)

All provisions of the Election Code governing the conduct of elections shall apply to elections in which
electronic
hand count
voting systems are used, except that the county clerk of any county in which
an electronic
a hand count
voting system is used may make such modifications in ballot form as are necessary to facilitate the use of the
electronic
hand count
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
a hand count
voting system shall:

(ii)

Before the day of election deliver to each polling place using
an electronic
a hand count
voting system:

(A)

A sufficient number of
voting devices
hand count tabulation and recording forms
and ballots;

(iii)

Before
testing an electronic voting system for an
each
election, notify the county chairman of each political party having a candidate on the ballot, stating the time and place of
the
a
test
of the hand counting, tabulating and reporting procedure that will be used in the county
. The political party representatives and representatives of independent candidates may be present for the test, which shall be held at least two (2) weeks before the election.

The test shall ascertain that the
automatic tabulating equipment
paper ballots and the hand counting, tabulating and reporting procedure that will be used in the county
will accurately count the votes cast for all offices and all measures.
The test shall also demonstrate the chain of custody of paper ballots including the use of ballot boxes, tally sheets, tally summary sheets and ballot box keys.
The test shall be conducted by processing a preaudited group of paper ballots
.
or ballot cards 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.

During the test a different number of valid votes shall be assigned to each candidate for an office, and for and against each measure.

If any error is detected, 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 programs
test
,
all
test materials and ballots shall be sealed and retained as provided for paper ballots;

(v)

Provide adequate security for the delivery of all ballots to
the
a
designated counting center
, if applicable
;

22
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11
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105.

Spoiled ballots.

Any voter who spoils his paper ballot
or ballot card
may return it and secure a replacement.

The word "Spoiled" shall be written across the face of the voided ballot, and it shall be placed in an envelope for spoiled ballots.

Spoiled ballots shall be delivered with the returns to the county clerk.

22
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11
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106.

Procedure after voter marks paper ballot.

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

22
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12
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101.

Designation and notice of polling places; external location; change in location.

(c)

The county clerk shall establish a private area in each polling place for the hand counting of ballots.

22
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12
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103.

Furnishing of booths.

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

22
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12
‑
107.

Materials for judges.

(a)

Before election day the county clerk shall cause to be delivered to one (1) of the judges of election in each polling place the following materials:

(v)

Accessible v
oting machines,
where
to the extent
required
by W.S. 22
‑
11
‑
103(a)(iii)
;

(vi)

The number of ballots required by law
and any related hand tabulation equipment or supplies
;

22
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12
‑
112.

Procedure for preparing ballots and ballot boxes for use.

Before 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
ballot box
.

If the numbers do not agree, the
machine
ballot box
shall be reexamined and certified by the county clerk
.
before it may be used.

22
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12
‑
114.

Certification of ballots and ballot box keys.

The judges shall certify that
ballot box
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.

22
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12
‑
115.

Examination of ballot box.

Before 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
required by law
and only in the presence of two (2) or more election judges with different political party affiliations.
It
The ballot box
shall not be removed from the presence of the judges of election or counting board until all ballots are counted and recorded.

22
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13
‑
103.

Preservation of order; privacy of voting booths and machines.

(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.

22
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13
‑
107.

Spoiled or rejected ballots.

(a)

An elector spoiling a paper ballot by mistake or accident may receive another ballot by returning the rejected ballot to a judge of election. Spoiled ballots shall immediately be cancelled by a judge of election
, the word "spoiled" shall be written across the face of the ballot
and
the ballot shall be
delivered with the returns to the county clerk or official conducting the election.

(b)

A ballot may be rejected as provided in this subsection. For any rejected ballot, the word "rejected" shall be written across the face of the voided ballot and the ballot shall be placed in an envelope for rejected ballots. Rejected ballots shall be delivered with the returns to the county clerk. Ballots shall be rejected and not counted if any of the following apply:

(i)

The initials of proper election judges are missing from the ballot;

(ii)

The number of votes on the ballot for all offices and all questions exceed the number authorized by law;

(iii)

The ballot is an absentee ballot without completed and signed affidavit;

(iv)

The ballot was voted with unlawful assistance as provided by law.

22
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13
‑
110.

Write
‑
in votes.

Write
‑
in votes
may be entered on a voting machine in the manner indicated by instructions posted on the voting booth or indicated on the voting machine
on paper ballots shall be verified and tallied at a polling place or counting center as provided in W.S. 22
‑
14
‑
110 and 22
‑
14
‑
114(b)
.

22
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14
‑
102.

Who may be present after all votes are cast and polls close; making pollbooks agree; counting votes.

(a)

After all the votes are cast and the polls are officially declared closed, only election judges
and election observers under oath
shall be permitted in a polling place.

(b)

When all ballots are cast, the machine shall be locked against further voting and sealed as prescribed by law. Except as otherwise provided by
Subject to
W.S. 22
‑
14
‑
114(b), election judges
shall commence to count
at the polling place shall begin hand counting and recording of
votes
one (1) hour before the closing of the polls
and shall continue without adjournment until counting is completed.

22
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14
‑
104.

Entry of paper ballot votes.

(a)

Paper ballots shall be
opened by the counting board and every vote for a candidate or ballot proposition shall be entered on a list
hand counted as provided in this section
. A vote which is not clearly marked shall not be tallied for that office or question but votes clearly marked on the remainder of the ballot shall be tallied.

(b)

Paper ballots shall be counted and recorded subject to the following:

(i)

Counting shall be conducted by two (2) counting teams consisting of two (2) election judges each. Each member of each counting team shall be from a different political party;

(ii)

One (1) counting team shall designate one (1) judge to read each vote and the second judge shall observe to verify that the vote was read correctly. Any write
‑
in candidate shall be read by calling out the applicable office and then the name written in on the ballot for that office;

(iii)

Each member of the second counting team shall record each vote as it is read on separate tally sheets, including any write
‑
in votes;

(iv)

When all votes are counted in the precinct, the four (4) election judges shall transfer the totals of all tally sheets, including any write
‑
in votes, onto a summary tally sheet. The results on the summary tally sheet shall be provided to the county clerk.

(c)

The secretary of state may adopt rules for the hand counting of paper ballots in accordance with this section and this Election Code.

22
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14
‑
110.

Sealing paper ballots and voting machine records.

Paper ballots shall be sealed by the election judges in an envelope after being counted and tallied, unless the ballots are being counted at a central counting center as authorized by W.S. 22
‑
14
‑
114(b).
One (1) copy of each voting machine record shall be sealed in a separate envelope showing the district, precinct and machine number and endorsed by the election judges.
These envelopes shall then be sealed in a single large container. The district and precinct number shall be written on each container.

22
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14
‑
111.

Returning records and returns to clerk.

(a)

Unless the votes are being counted at a central counting center as authorized by W.S. 22
‑
14
‑
114(b), an election judge or peace officer as defined under W.S. 7
‑
2
‑
101(a)(iv)(A) or (B) and acting under the authority of the county clerk shall, as soon as possible after the tabulation of votes is complete, return to the clerk who prepared the ballots for the election the following records and returns in a sealed and locked container with a numbered seal that includes a number or other identifier that is unique to that seal:

(viii)

Oaths of
judges of
election
judges and election observers
;

22
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14
‑
113.

Return of voting supplies.

(a)

Keys to
voting machines
ballot boxes
shall be returned to the county clerk in an envelope sealed and signed by an election judge and endorsed by an election judge of a different political party affiliation.
On this envelope shall be recorded the number of the seal with which the machine was closed.

(b)

All voting supplies, ballot boxes and
accessible
voting machines shall be returned to the county clerk as soon as possible after the vote has been returned.

22
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14
‑
114.

Counting of write
‑
in votes; transporting of ballots.

(a)

For ballots designed to be counted by machine, each individual vote shall be determined by the voting equipment and shall not be determined subjectively by human tabulation except when the intent of the voter is unmistakable but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine.

The secretary of state may promulgate rules establishing standards for counting such ballots. For ballots not designed to be counted by machine, only votes clearly marked, as provided by W.S. 22
‑
14
‑
104 and rules promulgated pursuant to this code, shall be tallied.
For write
‑
in votes, names
which
that
are misspelled or abbreviated or the use of nicknames of candidates shall be counted for the candidate if the vote is obvious to the
counting
board
or election judges. The secretary of state may by rule specify standards for counting write
‑
in votes under this subsection
.

22
‑
15
‑
105.

Challenged person may vote; generally.

(a)

If a person offering to vote is challenged, and the challenge is not resolved in accordance with W.S. 22
‑
15
‑
106, an election judge shall offer the voter a ballot clearly marked "provisional
.
"
and which cannot be automatically tabulated
Provisional ballots shall be securely stored separately from other ballots and shall only be counted as provided in subsection (d) of this section
.

22
‑
15
‑
109.

Election observers; certification; qualification; authority; removal.

(a)

The county chairman of each political party may certify
poll watchers
election observers
prior to the day of the election to serve in each polling place.

Not more than one (1)
poll watcher
election observer
from each political party may serve simultaneously unless the chief judge determines that one (1) additional
poll watcher
election observer
from each political party may be accommodated in the polling place without disrupting the polling process.

(b)

A poll watcher
An election observer
shall belong to the political party he represents
,

and
shall be a registered elector residing in the county
. A poll watcher

and shall subscribe to an oath as provided in W.S. 22
‑
8
‑
115(b). An election observer
shall serve only at the polling place designated on the certificate.
A poll watcher
An election observer
is authorized to observe voter turn out
,

and
voter
registration
and hand tabulation procedures
and may make written memoranda but shall not challenge voters
or election judges
, conduct electioneering activities or disrupt the polling
or counting
process.

(c)

The chief judge may remove
a poll watcher
an election observer
from the polling place for disturbing the polling place, or for any other violation of the Election Code.

22
‑
16
‑
103.

County canvass procedures.

(c)

The county canvassing board shall:

(i)

Meet as soon as all returns have been received and abstracted, but if any provisional ballots have been cast in the county, not before the time has passed for provisional voters to document their eligibility to register or to vote.

The board shall meet at a time and place designated by the county clerk, but
no earlier than the second Friday following the election and
no later than the
first
fourth
Friday following the election;

(e)

The county canvassing board shall not certify the election if there are any outstanding irregularities in any precinct.

22
‑
16
‑
118.

Meeting of state canvassing board.

The state canvassing board shall meet no later than the
second
Wednesday following the
election
certification of all county elections
. The secretary of state shall send a messenger to obtain official county abstracts not filed in a reasonable length of time. The canvassing board shall meet at the time and place set by the secretary of state. The board shall review the state abstracts prepared by the secretary of state, compare them with the tabulation and materials prepared by the secretary of state, resolve any tie votes, and certify the abstract as the official state canvass.
The state canvassing board shall not certify the election if there are any outstanding irregularities in any county.

22
‑
21
‑
109.

Supplies; regulations; costs.

The county clerk
may utilize voting machines or electronic voting systems
shall use hand counted paper ballots
at any bond election and may prescribe the form of the ballot, the duties of election officials, and other reasonable regulations pertaining thereto. The political subdivision holding the bond election shall pay the actual costs of the election or an equitably proportioned share of a concurrent election, as determined by the county clerk.

22
‑
22
‑
203.

Determining validity of application; placement on ballot; procedure for multi
‑
county districts.

(b)

Each county clerk in each election involving a school or community college district which crosses county boundaries shall
determine whether voting machines, electronic voting system,
use
paper ballots
, or a combination thereof, shall be used

and hand count results
to
insure
ensure
that each qualified elector votes only for the candidate or candidates from the school district and trustee residence area, if any, and from the community college district and subdistrict, if any, for which he is entitled to vote.

22
‑
26
‑
101.

Felony offenses generally.

(a)

The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:

(ii)

Unlawful
opening of
interference with
a ballot box
as provided in W.S. 22
‑
26
‑
103
;

(iv)

Unlawful possession of a
ballot box
key
as provided in W.S. 22
‑
26
‑
105
;

(vi)

Falsifying election documents
or results
;

22
‑
26
‑
103.

Unlawful interference with ballot box.

(a)

Unlawful
opening of
interference with
a ballot box consists of
any of the following:

(i)

O
pening a ballot box
or inspecting or removing the contents thereof
without lawful authority
;
, or

(ii)

An election judge knowingly causing or permitting any ballot to be in the ballot box at the opening for the polls and before voting commences;

(iii)

An election judge knowingly placing or permitting any ballot, or paper having the semblance of a ballot, to be placed in a ballot box at any election unless the ballot is offered by a qualified elector as provided by law;

(iv)

Knowingly removing any legal ballot from a ballot box for the purpose of changing the true and lawful count of any election or in any other manner knowingly changing the true and lawful count of any election;

(v)

Knowingly placing or attempting to place or causing to be placed any false or fraudulent ballot in a ballot box at any election;

(vi)

On the day of an election, willfully concealing, breaking or destroying any ballot box used or intended to be used at an election or willfully concealing or removing any ballot box from the custody of the election judges;

(vii)

C
onspiring with others so to
open
interfere with
a ballot box
under this section
.

22
‑
26
‑
105.

Unlawful possession of key.

Unlawful possession of a key consists of the possession at any time of a key to a
voting machine or
ballot box, or making a duplicate thereof, unless authorized by law.

22
‑
26
‑
107.

Falsifying election documents or results.

(a)

Falsifying election documents
or results
consists of performing any of the following acts with the intent to deceive or mislead an elector or an election official:

(v)

Falsifying hand tabulation results or tally sheets.

Section 2.

W.S. 22
‑
1
‑
102(a)(xxxiv) and (liv), 22
‑
3
‑
113(b), 22
‑
6
‑
113, 22
‑
9
‑
121(c)(ii), 22
‑
9
‑
125(b), 22
‑
10
‑
101 through 22
‑
10
‑
111, 22
‑
11
‑
103(a)(iv), (vi), (xi) and (d) through (g), 22
‑
11
‑
104(b)(i), (iv), (vi), (vii) and (c), 22
‑
11
‑
107 through 22
‑
11
‑
109, 22
‑
12
‑
110, 22
‑
12
‑
113, 22
‑
13
‑
109, 22
‑
13
‑
112, 22
‑
14
‑
105, 22
‑
14
‑
111(a)(i), 22
‑
26
‑
101(a)(iii) and 22
‑
26
‑
104 are repealed.

Section 3
.

This act is effective July 1, 2025
.

(END)

1
HB0215