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25LSO-0408
2025
STATE OF WYOMING
25LSO-0408
ENGROSSED
3.0
HOUSE BILL NO. HB0232
Elections-hand counting for recounts.
Sponsored by: Representative(s) Haroldson, Allemand, Banks, Bear, Brady, Erickson, Knapp, Locke, McCann, Schmid, Strock, Webb and Williams and Senator(s) Boner, Hutchings, Kolb, Pearson and Smith, D
A BILL
for
AN ACT relating to elections; providing a process for certain recounts to be conducted by hand counting the votes; authorizing the secretary of state and county clerks to require recounts as specified; providing for hand counts to be requested by candidates as specified; specifying the costs of recounts; revising dates of the primary election and the county and state canvass to allow time for hand counting as specified; clarifying when a counting board is required to be appointed; requiring rulemaking; creating an account; making conforming amendments; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 22
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1
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102(a)(xlii), 22
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2
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104(b) and (d), 22
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8
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102, 22
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8
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108(a), (c), (d) and by creating a new subsection (e), 22
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14
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114(a), 22
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16
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103(c)(i), 22
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16
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109(a) through (c) and by creating new subsections (d) through (g), 22
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110(a)(intro), 22
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16
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111(a)(intro), (i), (ii) and (b), 22
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113(a)(i), (ii), (b) and (c), 22
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118 and 22
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21
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103 are amended to read:
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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:
(xlii)
"Recount" is the
counting of ballots by hand or 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
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16
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109
or 22
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111
through 22
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16
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113
;
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2
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104.
Election dates.
(b)
A primary election shall be held at the regular polling places for each precinct on the first Tuesday after the
third
first
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.
(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
first
Monday in August.
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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
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8
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108(d)
and (e)
.
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8
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108.
Appointment, composition and authority of counting boards; when judges to count.
(a)
Unless ballots are tabulated by electronic voting systems, t
he 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) members or more to facilitate the counting of votes.
No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board.
(c)
The counting board
in a paper ballot polling place
appointed under subsection (a) of this section
has no authority to act until polls are declared closed as provided in W.S. 22
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117, except as provided in W.S. 22
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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
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125(d).
(d)
For a polling place where a counting board need not be appointed
under subsection (a) of this section
, the judges of election shall count the votes.
This subsection shall not apply if ballots are tabulated by electronic voting system.
(e)
The county clerk shall appoint a counting board for the purposes of completing recounts as provided in W.S. 22
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109. The counting board under this subsection shall consist of not less than three (3) members. Additional counting board members may be appointed if deemed necessary by the county clerk.
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114.
Counting of ballots.
(a)
The following shall apply to the counting of ballots:
(i)
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
as provided below:
(A)
W
hen 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
;
.
(B)
When being recounted by hand in accordance with W.S. 22
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109. The secretary of state may promulgate rules establishing standards for counting such ballots;
(C)
When counting write
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in votes by candidate under W.S. 22
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103(iii).
(ii)
For ballots not designed to be counted by machine, only votes clearly marked, as provided by W.S. 22
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104 and rules promulgated pursuant to this code, shall be tallied
;
.
(iii)
For write
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in votes, names which are misspelled or abbreviated or the use of nicknames of candidates shall be counted for the candidate if the vote is obvious to the board.
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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 later than the
first
second
Friday following the election;
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109.
Recounts.
(a)
The county canvassing board shall make a recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.
The recount under this subsection may be conducted by a hand count or by using electronic voting equipment as determined by the county canvassing board.
(b)
Prior to the county canvass, t
here shall be a recount made of all the votes
:
(i)
C
ast for any
federal, statewide or legislative
office in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than
one percent (1%)
two percent (2%)
of the number of votes cast for the winning candidate receiving the least number of votes cast for that office
in that county
. This recount shall be made in the entire district in which the candidates are standing for election
in that county
.
This recount shall be conducted by a hand count. A recount under this subsection shall not be required if a recount is required under paragraph (ii) of this subsection for the same office;
(ii)
Cast for any federal, statewide or legislative office in which the difference in the number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than one percent (1%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office in the entire state or district. This recount shall be made in each county in which the candidates are standing for election. This recount shall be conducted by a hand count;
(iii)
Cast for any other office not specified in paragraph (i) or (ii) of this subsection in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than two percent (2%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office. This recount shall be made in the entire district in which the candidates are standing for election. This recount shall be conducted by electronic voting equipment.
(c)
There shall be a recount made of all the votes cast for any office if a losing candidate requests one under provision of W.S. 22
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110. This recount shall be made in the entire district in which the candidate is standing for election.
This recount may be conducted by hand count or by using electronic voting equipment as determined by the candidate.
(d)
Not later than the day following an election, the secretary of state may require a recount of not more than one (1) federal, statewide or legislative question or race. The secretary of state shall specify which precincts are to be recounted. This recount may be conducted by hand or by using electronic voting equipment as specified by the secretary of state.
(e)
The county clerk shall have the discretion to recount any ballot proposition or race either by precinct, election district or precinct. This recount may be conducted by hand or by using electronic voting equipment as specified by the county clerk.
(f)
If there is any discrepancy between the recount results and the preliminary election results, the county canvassing board shall determine the official result of the election.
(g)
There is created the election recount account. Funds in the account shall not revert and are continuously appropriated to the secretary of state for costs related to administering hand recounts. The state treasurer shall invest funds within the account in accordance with law. All investment earnings from the account shall be deposited in the general fund.
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110.
How candidate may obtain recount; where affidavit filed.
(a)
A candidate may obtain a recount of votes for the office he is seeking by making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district in which he is standing for election.
The affidavit shall specify whether the recount should be conducted using electronic voting equipment or by hand count using tally sheets.
The affidavit shall be filed in the same office the candidate filed his application for nomination:
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111.
Recount of ballot proposition.
(a)
A recount of votes of a ballot proposition may be obtained
in one (1) of the following manners
as follows
:
(i)
A recount will be made
:
(A)
I
f the
proposition is a statewide
proposition
and
receives a number of votes, greater or lesser, within one percent (1%) of the number of votes required for passage. The one percent (1%) variance shall be calculated based upon the total number of votes cast on the proposition, except for constitutional amendments in which case the variance shall be calculated based upon the total number of votes cast in the election
. This recount shall be conducted by a hand count
;
(B)
If the ballot proposition is not a statewide ballot proposition and the proposition receives a number of votes, greater or lesser, within two percent (2%) of the number of votes required for passage. This recount shall be conducted by a hand count.
(ii)
A recount will be made if requested in an affidavit signed by twenty
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five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the secretary of state not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county. The affidavit shall be accompanied by a deposit
of one hundred dollars ($100.00)
as specified in W.S. 22
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113(a). The affidavit shall specify whether the recount should be conducted by hand count or by electronic voting equipment
.
(b)
The county in which the recount is taken shall pay the costs of the recount if the recount is required by
subsection
paragraph
(a)(i) of this section; and the signers of the affidavit referred to in
subsection
paragraph
(a)(ii) of this section shall be jointly and severally liable for the costs of the recount requested by them
up to five hundred dollars ($500.00)
per county recounted if the results of the election are not changed by the recount.
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113.
Recount deposit; expense of recount.
(a)
An affidavit requesting a recount must be accompanied by the following deposit:
(i)
If the
difference in number of votes cast as calculated pursuant to W.S. 22
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109(b) is one percent (1%) or greater but less than five percent (5%), five hundred dollars ($500.00)
affidavit requests the recount be conducted by electronic voting equipment, an amount determined by the county clerk not to exceed one thousand dollars ($1,000.00)
;
(ii)
If the
difference in number of votes cast as calculated pursuant to W.S. 22
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109(b) is five percent (5%) or greater, three thousand dollars ($3,000.00)
affidavit requests the recount be conducted by hand count, an amount determined by the county clerk not to exceed five thousand dollars ($5,000.00)
.
(b)
If the recount shows sufficient error to change the result of the election, the county in which the recount is taken shall pay expenses of the recount and the deposit shall be returned. Otherwise the applicant or applicants seeking the recount shall be liable for the actual cost of conducting the recount up to a maximum of the amount deposited under subsection (a) of this section, per county recounted.
Every county clerk shall issue a complete accounting of all costs of the recount to the candidate requesting the recount, and shall refund any surplus to the candidate.
If the actual cost of conducting the recount exceeds five thousand dollars ($5,000.00), the county clerk may seek reimbursement of reasonable expenses from the secretary of state. Reasonable expenses are limited to facility rental fees, wages, per diem of twenty
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five dollars ($25.00) per day and mileage for election judges and county clerk staff. The secretary of state shall reimburse those reasonable expenses from the election recount account. If requesting reimbursement from the secretary of state, the county clerk shall provide a complete accounting of all costs of the recount and the deposit paid by the candidate.
(c)
If the recount is initiated by the
county clerk or
county canvassing board
or required by W.S. 22
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109(b),
the cost of the recount shall be paid by the county in which the recount is taken regardless of the result of the recount.
If the recount is initiated by the secretary of state under W.S. 22
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109(d) or required by W.S. 22
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109(b), the cost of the recount shall be paid by the secretary of state regardless of the result of the recount.
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118.
Meeting of state canvassing board.
The state canvassing board shall meet no later than the
second
third
Wednesday following the election. 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.
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103.
How bond question to be submitted to electors; contents.
Each bond question shall be submitted to a vote of the qualified electors of the political subdivision. Every bond election shall be held on the same day as a primary election or a general election, or on the Tuesday next following the first Monday in May or November, or on the Tuesday next following the
third
first
Monday in August. Not less than one hundred ten (110) days before a bond election, the political subdivision shall provide written notification to the county clerk specifying the date of the election and the bond question. The bond question shall state the purpose of the bonds, the maximum principal amount thereof, the maximum number of years allowed for the indebtedness and the maximum rate of interest to be paid thereon. The secretary of state may promulgate reasonable rules for conducting bond elections where the election is not held at the same time as the general or primary election.
Section 2.
W.S. 22
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108(b) and 22
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111(c) are repealed.
Section 3.
There is appropriated two hundred thousand dollars ($200,000.00) from the general fund to the election recount account under W.S. 22
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109(g), as created by section 1 of this act.
Section 4
.
This act is effective July 1, 2025
.
(END)
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HB0232