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26LSO-0341
2026
STATE OF WYOMING
26LSO-0341
Numbered
2.0
HOUSE BILL NO. HB0094
Election purity and hand count act.
Sponsored by: Representative(s) Smith, Brady and Webber and Senator(s) French, Ide and Laursen, D
A BILL
for
AN ACT relating to elections; providing for the hand counting of ballots; establishing statewide standards related to the handling and counting of ballots; providing for the reconciling of ballot numbers; prohibiting the use of voting machines for casting or tabulating ballots; providing duties for county clerks and the secretary of state; revising requirements for the post-election ballot audit; requiring rulemaking; revising offenses related to elections; providing penalties; making conforming amendments; repealing conflicting provisions; making legislative findings; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
(a)
The legislature finds that:
(i)
Public confidence in election outcomes depends on processes that are transparent, verifiable, pure and secure;
(ii)
The use of electronic tabulation and electronic voting systems has created concerns in the public regarding election oversight, transparency, security and cost;
(iii)
Manual tabulation and counting of paper ballots under uniform statewide standards will increase election accuracy, transparency and voter trust;
(iv)
Wyoming elections should rely on processes that can be observed, audited, and replicated by citizens;
(v)
It is necessary to repeal statutory authorizations for electronic tabulation and e
‑
pollbooks and to establish statewide standards for manual tabulation and counting that maintain flexibility for improved counting methods over time.
(b)
The purpose of this act is to transition all Wyoming elections to paper ballots that are manually counted in public view under uniform statewide standards ensuring purity of the vote, transparency, security, accuracy, accessibility and public confidence.
Section 2.
W.S. 22
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6
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201 through 22
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6
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210 are created to read:
ARTICLE 2
MANUAL BALLOT COUNTING AND AUDITING
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201.
Paper ballots and design standards.
(a)
All votes shall be cast on paper ballots that are:
(i)
Able to be read by a human;
(ii)
Able to be manually tallied or hand countable;
(iii)
Designed in accordance with the requirements of this Election Code and with statewide standards established by rule of the secretary of state in accordance with this Election Code. The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this paragraph.
(b)
Ballots shall contain only text and marks that can be interpreted by human inspection without the aid of electronic tabulation devices.
(c)
Ballots shall include security features sufficient to prevent unauthorized duplication or substitution of ballots as specified by rule of the secretary of state.
(d)
Accessible voting devices permitted under federal law to comply with the Help America Vote Act of 2002, P.L. 107
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252, shall be used only to produce one (1) ballot per voter that shall be able to be read by a human and that shall be manually counted in the same manner as all other ballots.
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202.
Ballot security, custody, transport and storage.
(a)
The secretary of state shall adopt uniform statewide standards for the secure production, transport, storage and accounting of ballots that are consistent with the provisions of this article.
(b)
Each county clerk shall maintain a documented chain of custody for all ballots and election materials from printing or receipt of the ballots through final storage of the ballots after the election.
(c)
Every transfer of custody of ballots and election materials shall be recorded with the date, time, persons involved and the seal or container number, if applicable.
(d)
All ballots and election materials shall be stored in sealed containers under continuous video surveillance for not less than twenty
‑
four (24) months after the election.
(e)
All records and recordings described in this section are public records, subject to reasonable protection of:
(i)
Personal voter information as required by law;
(ii)
Ballot security details as determined by rule of the secretary of state as necessary to ensure the security of elections.
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203.
Publicly conducted manual counting of ballots.
(a)
Manual counting of ballots shall be conducted in public view at the designated counting centers for each county or precinct.
(b)
Observers from political parties, candidates and the public shall be permitted to observe the manual counting of ballots under conditions established by rule of the secretary of state that allow meaningful observation of the counting process without interference.
(c)
Areas where counting is occurring shall be recorded with video and audio equipment, and recordings of the counting shall be retained by the county clerk for not less than sixty (60) months. Recordings under this subsection shall be made publicly available on the website of the county clerk.
(d)
Before counting begins under this section, election judges shall verify publicly that all containers are sealed, shall note the seal numbers and shall document the total number of ballots received by ballot category as provided in W.S. 22
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6
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204(b)(v).
(e)
Counting shall begin as soon as practicable after the closing of the polls and shall continue without undue delay until all ballots are fully tallied, counted, reconciled and reported.
(f)
Count totals by precinct and ballot type shall be made public not later than one (1) hour after the completion of counting under this section.
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204.
Statewide standards for manual counting of ballots.
(a)
All ballots shall be counted by hand using a nationally recognized hand counting methodology and in accordance with uniform statewide counting standards adopted by the secretary of state. The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this subsection.
(b)
The uniform statewide counting standards adopted by the secretary of state shall include at minimum:
(i)
Ballot security features to prevent the use of fraudulent printers and duplication systems;
(ii)
Counting teams, including not less than four (4) members of not less than two (2) different political affiliations, with balanced representation of political parties to the extent practicable;
(iii)
Oaths of impartiality administered to all counting personnel;
(iv)
Standardized training in ballot handling, determining voter intent, dispute resolution, tally recording, reconciliation and custody documentation;
(v)
Requiring ballots to be separated and counted in three (3) categories:
(A)
Absentee voting;
(B)
Early voting;
(C)
In
‑
person voting on the day of election.
(vi)
Independent tallies by not less than two (2) recorders per team, reconciled and signed before finalizing the vote count;
(vii)
Batch processing procedures allowing verification and identification of discrepancies;
(viii)
Reconciliation of ballots at each transfer of ballots, including matching totals of issued, cast, spoiled, provisional and unused ballots;
(ix)
Documentation linking all tally sheets, reconciliation forms and chain
‑
of
‑
custody records;
(x)
Requiring all documentation to be duplicated and available to be held as copies by head judges;
(xi)
Requiring uniform incident logging for errors, corrections and disputes;
(xii)
Prohibiting the use of any apparatus that automatically examines and counts votes recorded on paper ballots or ballot cards and tabulates the results. Nothing in this paragraph shall prohibit the use of simple calculators that are used solely for arithmetic operations to sum manually counted tallies.
(c)
Each county shall use a manual counting method that is consistent with the uniform statewide counting standards under this section and that is approved by the secretary of state.
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205.
Counting for absentee voting, early voting and provisional ballots.
(a)
Ballots from absentee voting and early voting shall be separately verified, stored by precinct and counted under the same security and manual counting standards as ballots from in
‑
person voting on the day of election.
(b)
The outer envelope for each absentee ballot shall be logged upon receipt with a unique identifier, date and time and voter record linkage. Poll books shall be updated to reflect the receipt of the absentee ballot.
(c)
Signatures and voter eligibility shall be verified before separation of the ballot from identifying information.
(d)
Ballots failing verification shall be documented, segregated and excluded from counting pending review by election judges.
(e)
Verified ballots shall be manually counted and included in precinct
‑
level results.
(f)
Provisional ballots shall be stored separately and shall be manually counted after eligibility is confirmed.
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206.
Timelines for counting; reporting of results.
(a)
Manual counting shall begin as soon as practicable after the close of polls and shall continue without undue delay until all ballots are fully tallied, counted, reconciled and reported.
(b)
The secretary of state may authorize by rule an early start of counting for ballots cast and secured prior to election day, subject to secrecy and custody restrictions. The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this subsection.
(c)
Each county clerk shall report verified precinct results to the secretary of state as soon as practicable after counting is complete. The secretary of state may establish counting and reporting timelines by rule that are consistent with the requirements of this article.
(d)
Counties shall complete counting within the time limits established under subsection (c) of this section, except in extraordinary circumstances documented in the public record.
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207.
Rulemaking; training.
(a)
The secretary of state shall adopt rules necessary to implement this article, including establishing uniform statewide standards for ballot design, chain of custody, manual counting, reconciliation, training and public observation. The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this subsection.
(b)
The secretary of state shall establish a standardized curriculum for county clerks to train election officials, judges and counting teams.
(c)
Training sessions conducted under this section shall be open to the public for observation. No person shall conduct counting activities under this article unless the person has completed the training required under this section.
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208.
Meetings and notice requirements.
(a)
Except as provided in subsection (e) of this section, any meeting of the county clerk or the secretary of state concerning the counting, auditing, canvassing or recounting of ballots shall be publicly noticed not less than seven (7) calendar days before the meeting.
(b)
Notice under subsection (a) of this section for a meeting of the county clerk shall be posted on the county website, at the county clerk's office and shall be published in a newspaper of general circulation in the county.
(c)
For county matters, the county clerk shall provide notice of the meeting to the chairmen of all major political parties within the county.
(d)
For state matters, the secretary of state shall provide notice of the meeting to the state chairmen of all major political parties recognized in Wyoming.
(e)
Emergency meetings may be held only to address urgent issues and shall be publicly noticed as soon as practicable with a statement of the emergency that required the emergency meeting.
(f)
All meetings under this section shall be open to the public. Any minutes or recordings of a meeting under this section shall be made available to the public not later than seventy
‑
two (72) hours after the adjournment of the meeting.
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209.
Recounts.
(a)
Any recount required by law shall be performed manually in accordance with the same standards and procedures as the initial count.
(b)
Recounts shall be conducted publicly, recorded on video and audio as provided by W.S. 22
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6
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203(c) and the recordings shall be retained for not less than eight (8) years.
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210.
Prohibited practices and penalties.
(a)
No person shall use electronic voting equipment including, but not limited to, tabulators, automated counting equipment, e
‑
pollbooks or scanners in any election conducted under this article. Nothing in this subsection shall prohibit the use of simple calculators that are used solely for arithmetic operations to sum manually counted tallies.
(b)
Any election official or county clerk who knowingly violates this article or rules adopted under this article shall be a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) per violation. Nothing in this subsection shall prohibit prosecution for any violation of chapter 26 of this title resulting from a violation of this article.
(c)
The attorney general or any county attorney may enforce this section through civil or criminal proceedings.
Section 3.
W.S. 22
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1
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102(a)(xi), (xxii), (xxxii), (xxxiv)(B), (xlii), (xlix) and by creating new paragraphs (lvii) through (lxx), 22
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2
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121(b) and (g), 22
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3
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113(a), 22
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3
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117(a)(i) and (ii), 22
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5
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202, 22
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6
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115, 22
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6
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119(a)(iii), 22
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6
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121(a), 22
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6
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122, 22
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6
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130, 22
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8
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108(b) and (c), 22
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8
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113, 22
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8
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115(a), 22
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9
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109(a), 22
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9
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121(c)(i), 22
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12
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103, 22
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12
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107(a)(x), 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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110, 22
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14
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102, 22
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14
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107, 22
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14
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113(b), 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(b), 22
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16
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103(c)(iv), 22
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16
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109(a), 22
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16
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122(a)(intro) and (c), 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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22
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302, 22
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26
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103, 22
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26
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105, 22
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26
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106(a) by creating a new paragraph (v), 22
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26
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112(a) by creating a new paragraph (xi), 22
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26
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113(a)(intro), 22
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26
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114, 22
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26
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119 and 22
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29
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114(e)(intro) are amended to read:
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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:
(xi)
"Counting center"
or "hand counting center"
is the
location or locations designated
precinct established
by the county clerk for the
automatic tabulating and
manual
counting
and tallying
of ballots;
(xxii)
"Pollbook" means a
paper
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;
(xxxii)
"Tally sheet" means the
document used to tabulate hand counted paper ballots
official form used by counting teams and tally judges to record vote totals for each candidate and ballot measure and that are required to be signed by all team members participating in the manual count
;
(xxxiv)
"Voting device" means:
(B)
A device for marking the ballots with ink or another substance;
or
(xlii)
"Recount"
or "manual recount"
is the
processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race, based upon the criteria of W.S. 22
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16
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109 or 22
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111
second or subsequent count of ballots performed by hand to verify results or resolve discrepancies as required by law
;
(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;
(lvii)
"Ballot reconciliation" means the process of comparing the total number of ballots that are issued, cast, spoiled, voted as provisional ballots and that are unused ballots to verify that the totals match the number of ballots originally received by a precinct or counting center;
(lviii)
"Chain of custody" means the continuous documentation of the possession, transfer and storage of ballots and related election materials from printing through final archival storage;
(lix)
"Counting team" means a group of trained election workers assigned to manually count ballots in public view;
(lx)
"Early voting" means absentee voting before election day where an elector requests a ballot in person from the county clerk, completes the ballot on site and returns the ballot to the clerk by hand;
(lxi)
"Election judge" means a person appointed and sworn under Wyoming law to oversee and manage the conduct of elections, including counting, custody and reconciliation of ballots and certification of results;
(lxii)
"Election worker" means a paid or unpaid volunteer assisting with duties necessary to conduct an election, including ballot handling and manual counting of ballots;
(lxiii)
"Hand counting" or "manual counting" means the process of reading and tallying votes on paper ballots by human inspection;
(lxiv)
"Provisional ballot" means a ballot cast by a voter whose eligibility to vote has not been verified;
(lxv)
"Public observation" means members of the public, poll watchers and representatives of political parties authorized to be present and observe counting and reconciliation activities without interfering with the conduct of the election;
(lxvi)
"Reconciliation record" means the written document that shows the verification of ballot totals at each stage of the election process, including the total number of ballots procured, issued, collected and counted;
(lxvii)
"Tally judge" means an election judge responsible for verifying and recording vote totals from counting teams, reconciling independent tallies and certifying precinct results for transmittal to the county clerk;
(lxviii)
"USCase.org "Gold Standard Elections" white paper guidelines" means the USCase.org "Gold Standard Elections" white paper guidelines as revised on April 11, 2025 or thereafter and published on the website of the United States council on accurate and secure elections;
(lxix)
"Voter ballot security," "voter ballot secrecy," "vote security" or "vote secrecy" means that the ballot is kept secret for the period beginning the moment the voter picks up a ballot through the moment the voter puts the ballot in the ballot box. "Voter secrecy" shall not include any requirement to keep a ballot secret after the ballot is deposited in the ballot box or any requirement to protect the handwriting of the voter;
(lxx)
"Voter intent standard" means criteria established by rule of the secretary of state to use the USCase.org "Gold Standard Elections" white paper guidelines to determine a voter's intended choice on a ballot when markings are unclear or incomplete and that is required to be applied uniformly across all counties.
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121.
Chief election officer to prepare forms; rules; advice.
(b)
The secretary of state shall promulgate such rules as are necessary to maintain uniform
manual
voting and
vote
manual
counting procedures and
to provide for
orderly voting.
The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this subsection.
(g)
The secretary of state shall adopt rules and regulations that allow for the
counting of ballots at a central counting center. The rules shall specify procedures for delivering ballots to the central counting center
manual counting of ballots at a hand counting center
.
The secretary of state shall use the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under this subsection.
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113.
Disposition of pollbooks after polls close.
(a)
After the polls are closed, judges of the election shall
make
confirm that the
printed pollbooks agree and shall return one (1) pollbook to the county clerk.
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117.
Absentee registration generally; use of federal postcard.
(a)
Notwithstanding any other section or provision in this chapter, any citizen of the United States who is a resident of Wyoming may apply for registration by providing the information required by W.S. 22
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3
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103(a), acceptable identification, proof of United States citizenship and proof of residence and by completing and subscribing the form of voter registration oath prescribed by W.S. 22
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3
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103(b) before any person authorized by law to administer oaths. Each county clerk shall furnish the voter registration oath forms.
The applicant shall mail or return the completed voter registration oath form to the county clerk in the county in which the applicant resides.
In order to vote in the next election, the application must be received in the county clerk's office before the close of registration for that election, or:
(i)
Be received by mail or email and processed by the county clerk during the closed period described in W.S. 22
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3
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102(a) if it is accompanied by an absentee ballot request for elections where a voter may register at the polls;
or
(ii)
Be made at the county clerk's office during the closed period described in W.S. 22
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3
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102(a) if the voter simultaneously votes at the county clerk's office;
or
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202.
Major political party participation; separate ballots; same time.
Major political parties shall participate in the primary election and each shall have a separate party ballot. The primary election of major political parties shall be held at the same time and at the same polling places and shall be conducted by the same election officials.
The results of the primary election shall be counted manually in accordance with the procedures specified in this Election Code.
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115.
Specifications for paper ballots.
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
shall be formatted
to indicate clearly the office for which a candidate is running
and shall be suitable for manual counting in accordance with W.S. 22
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6
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201
.
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119.
Format of primary ballot.
(a)
The primary ballot of each major political party shall be printed in substantial compliance with this format:
(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.
Ballots will be manually counted.
";
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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
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1
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102.
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122.
Rotation of candidates' names.
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,
I
f candidates for the same office occupy more than one (1) line on the
voting machine
ballot
, the number of names appearing on each line shall be as nearly equal as possible.
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130.
Post
‑
election ballot audit; ballot reconciliation.
(a)
Each county clerk shall complete an audit of the county's unofficial election results by identifying and reviewing
the smallest observable percentage
not less than ten percent (10%) of the cast ballots in each contest in the county
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
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16
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118
ensure that the total number of ballots is reconciled at each stage of the election process. Reconciliation includes determining:
(i)
The starting number of ballots procured or printed in preparation for an election;
(ii)
The starting number of ballots issued to each polling location;
(iii)
The total number of ballots printed on demand, including any ballot produced by an accessible voting device permitted under federal law to comply with the Help America Vote Act of 2002, P.L. 107
‑
252;
(iv)
The number of ballots distributed by mail or in
‑
person, categorized by whether the ballot was distributed for absentee voting, early voting or in
‑
person voting on the day of the election;
(v)
The number of ballots cast by any method;
(vi)
The number of spoiled ballots;
(vii)
The number of ballots remaining at the close of polls that were not issued or case; and
(viii)
The number of provisional ballots.
(c)
The total number of ballots accounted for under subsection (b) of this section shall equal the initial total of blank ballots provided, plus any ballot printed on demand as provided by paragraph (b)(iii) of this section. Reconciliation shall be conducted by hand and documented, ensuring no discrepancies exist before proceeding to the audit under subsection (a) of this section.
(d)
If there is discrepancy in counting under subsection (a) of this section or in reconciliation under subsections (b) and (c) of this section, the secretary of state shall be immediately notified and an investigation shall be initiated by the county canvassing board to identify the cause of the discrepancy. If the reason for the discrepancy cannot be determined beyond a reasonable doubt the county canvassing board shall declare any affected part of the election results to be null and void and the provisions of W.S. 22
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16
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122 shall apply to the election.
(e)
For purposes of this section, the audit under subsection (a) of this section shall include recording and verifying the votes cast for each race appearing on a ballot. Reconciliation under subsections (b) and (c) of this section means reconciling and confirming the total number of ballots issued compared to the number of ballots that were not issued, the number of ballots that were cast, the number of ballots that were spoiled and the number of provisional ballots.
(f)
Each county clerk shall provide the audit results under subsection (a) of this section and the full and completed reconciliation of ballot totals under subsections (b) and (c) of this section to the secretary of state not later than three (3) days before the meeting of the state canvassing board as provided in W.S. 22
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16
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118. Audit results and reconciliation reports filed with the secretary of state under this subsection shall be made publicly available on the website of the secretary of state.
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108.
Appointment, composition and authority of counting boards; when judges to count.
(b)
A counting board shall be appointed for each designated counting center in each county
.
using an electronic voting system.
The board shall consist of at least seven (7) members who shall be the county clerk or his designated deputy, and three (3) members of each major political party appointed by the
county clerk
central committee of each party
. Additional members may be appointed by the
county clerk
central committee of each party
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.
All ballots shall be counted manually by the counting board.
(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
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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
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9
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125(d)
22
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6
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206(b)
.
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113.
Training schools; generally and payment for attending.
Not later than four (4) days before the primary and general election, the county clerk under the direction of the secretary of state shall conduct a training school for judges of election and members of counting boards to provide instruction in the performance of their duties.
The training school, which is also open to the public, shall be held at the times and places announced by the county clerk, and the secretary of state shall prescribe the minimum curriculum for the school
including manual hand counting procedures as provided in W.S. 22
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6
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207
. Additional schools may be held at the discretion of the county clerk.
Unless training is otherwise provided to the satisfaction of the county clerk,
A
ll judges of election and members of counting boards are obligated to attend at least one (1) such school.
All judges and members of the counting board
, unless the judge or member is volunteering,
shall be paid not less than ten dollars ($10.00) as determined by the board of county commissioners for attending a school.
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115.
Oath for election officials.
(a)
An election official shall subscribe to this oath 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 the
election
duties of my office
or role
. I will studiously endeavor to prevent all frauds, deceit and abuse in the application of the election laws of this state."
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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 a reasonable printed reproduction of the prescribed form for electronic ballots.
22
‑
9
‑
121.
Examination of absentee ballot affidavit; rejection; voting ballots.
(c)
If it is sufficient:
(i)
In
a paper ballot
each
precinct, the name of the absent elector shall be entered in the pollbook, the inner ballot envelope shall be opened by a judge of election and the ballots therein shall be removed. The ballot shall then be placed in the regular ballot box by a judge of election
and manually counted in the same manner as other ballots
;
22
‑
12
‑
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
‑
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:
(x)
Materials necessary for hand counting ballots and o
ther necessary supplies.
22
‑
12
‑
115.
Examination of ballot box.
Not earlier than twenty
‑
four (24) hours b
efore the polls are open, the judges of election shall open and examine the ballot box to determine that it is empty and relock it
with a tamper resistant device before the polls are open
. The ballot box shall not again be opened until the polls are closed
.
, except when necessitated by operation of the voting equipment at the direction of the county clerk and only in the presence of two (2) or more election judges with different political party affiliations.
It shall not be removed from the presence of the judges of election or counting board until all ballots are counted and recorded
as required by law and in the presence of two (2) or more election judges with different political party affiliation
.
22
‑
13
‑
103.
Preservation of order; privacy of voting booths.
(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
‑
13
‑
110.
Entering write
‑
in votes.
Write
‑
in votes may be entered
on a voting machine
on the ballot
in the manner indicated by instructions posted on the voting booth or
indicated on the voting machine
provided on the ballot
.
22
‑
14
‑
102.
Who may be present after all votes are cast and polls close; making pollbooks agree; counting votes.
After all the votes are cast and the polls are officially declared closed, only election judges
and authorized observers as provided in W.S. 22
‑
15
‑
109
shall be permitted in a polling place.
When all ballots are cast, the machine shall be locked against further voting and sealed as prescribed by law. Except as otherwise provided by W.S. 22
‑
14
‑
114(b), election judges shall commence to count votes and shall continue without adjournment until counting is completed
Election judges shall ensure reconciliation of all ballots as provided in W.S. 22
‑
6
‑
130(b) and (c) and shall then secure all ballots within locked boxes secured with tamper proof devices for transfer to the precinct polling center. Hand counting of ballots shall commence immediately upon arrival at the counting center as provided in W.S. 22
‑
6
‑
201 through 22
‑
6
‑
210
.
22
‑
14
‑
107.
Tabulation of count.
The unofficial tabulation indicating the vote by precinct
, based on hand count results,
shall immediately be transmitted by the county clerk to the secretary of state. These unofficial tabulations shall be tabulated by the secretary of the state. The secretary of state shall provide procedures for such transmittal through rule and regulation.
22
‑
14
‑
113.
Return of voting supplies.
(b)
All voting supplies, ballot boxes
,
and voting machines
hand counting materials and hand tallying materials
shall be returned to the county clerk as soon as possible after the vote has been returned.
22
‑
14
‑
114.
Counting 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,
O
nly 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 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
counting team
.
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
shall be securely stored separately from other ballots. Provisional ballots shall be counted separately from other ballots after the voter has been verified by election officials
.
22
‑
15
‑
109.
Poll watchers; certification; qualification; authority; removal.
(b)
A poll watcher shall belong to the political party he represents and shall be a registered elector residing in the county.
A poll watcher shall serve only at the polling place designated on the certificate.
A poll watcher is authorized to observe voter turn out
,
and
registration
and hand counting procedures
and may make written memoranda but shall not challenge voters, conduct electioneering activities
, interfere with ballot counting
or disrupt the polling process.
22
‑
16
‑
103.
County canvass procedures.
(c)
The county canvassing board shall:
(iv)
Count and tabulate
Hand count and tally
the votes on the provisional ballots which were determined to have been cast by qualified electors;
22
‑
16
‑
109.
Recounts.
(a)
The county canvassing board shall
make a
perform a manual
recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.
The recount shall be conducted using the hand counting procedures provided in W.S. 22
‑
6
‑
201 through 22
‑
6
‑
210.
22
‑
16
‑
122.
Election declared null and void; special election.
(a)
If a canvassing board is unable to determine which candidate has been elected or nominated, the canvassing board shall declare any part of the election results to be null and void as to that office and the county clerk shall call a special election to make a decision. For purposes of this section, a canvassing board shall be unable to determine which candidate is nominated or elected
if there is a discrepancy reported under W.S. 22
‑
6
‑
130(d) and the discrepancy resulted in a material error in the election or
if:
(c)
If only certain precincts are allowed to vote in the special election, the votes received in the special election shall be
hand counted and
added to the unofficial results not declared null and void for that office from the initial primary, general election or other special election.
22
‑
21
‑
109.
Supplies; regulations; costs.
The county clerk
may utilize voting machines or electronic voting systems
shall use paper ballots that are counted by hand
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, paper ballots, or a combination thereof, shall be used to insure
use paper ballots that are counted by hand to 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
‑
22
‑
302.
Conduct of elections.
Unless specifically otherwise provided, a school or community college district election shall be governed by the laws regulating statewide elections and in even
‑
numbered years be conducted and canvassed by the same election officials, using the same poll lists,
using paper ballots that are counted by hand
and at the same times and polling places, as county elections.
22
‑
26
‑
103.
Unlawful opening of ballot box; tampering with ballot counting materials.
Unlawful opening of a ballot box
or tampering with ballot counting materials
consists of opening
, inspecting, removing or altering the contents of
a ballot box or
inspecting or removing the contents thereof
tampering with hand count records or tally sheets
without lawful authority, or conspiring with others
so to open a ballot box
to violate the provisions of 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,
or tampering with a physical lock on a box that is securing ballots,
unless authorized by law.
22
‑
26
‑
106.
False voting.
(a)
False voting consists of performing any of the following acts in connection with or related to the election process or an election:
(v)
Changing voting results including by inserting unlawful ballots in a ballot box or by tampering with hand count records, hand count tally sheets, vote reconciliation forms or other official election logs.
22
‑
26
‑
112.
Misdemeanor offenses generally.
(a)
Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:
(xi)
Interfering with the hand counting of ballots or with the reconciliation of ballots and tally sheets.
22
‑
26
‑
113.
Electioneering too close to a polling place.
(a)
Electioneering too close to a polling place
or absentee polling place under W.S. 22
‑
9
‑
125
when voting is being conducted, consists of any form of campaigning, including the display of campaign signs or distribution of campaign literature, the soliciting of signatures to any petition or the canvassing or polling of voters, except exit polling by news media, within one hundred (100) yards on the day of a primary, general or special election and within one hundred (100) feet on all other days, of any public entrance to the building in which the polling place is located. This section shall not apply to bumper stickers affixed to a vehicle while parked within or passing through the distance specified in this subsection, provided that:
22
‑
26
‑
114.
Disturbing polling place.
Disturbing a polling place consists of creating any disorder or disruption at a polling place on election day
, or absentee polling place under W.S. 22
‑
9
‑
125,
or interfering with the orderly conduct of an election.
22
‑
26
‑
119.
Violation of Election Code by officials.
Violation of the Election Code by an official consists of the
willful
violation of the Election Code by any official or by any deputy or assistant official, or the
willful
failure or refusal of any official or assistant to perform an act or duty required of him by the Election Code
, including the failure to track ballot totals at any time starting at the beginning of the election, failure to ensure compliance with hand count procedures, tampering with hand count tally sheets or neglecting any duty for hand counting as prescribed by law
. Any official, deputy or assistant who commits a violation of the Election Code is guilty of a felony and, in addition to the penalty prescribed by W.S. 22
‑
26
‑
101, is subject to removal from office in a proceeding instituted for that purpose.
22
‑
29
‑
114.
Election procedures for elections other than mail ballot elections; canvass, recount and contests.
(e)
Any special district election conducted by the county clerk shall be canvassed by the county canvassing board or a canvassing board appointed by the county clerk, consisting of two (2) electors and the county clerk. If more than one (1) county is involved, the election shall be canvassed in accordance with chapter 16 of the Wyoming Election Code of 1973, as amended, by a canvassing board drawn from the membership of the appropriate county canvassing boards appointed by the appropriate county commissioners. The commissioners shall notify the county clerks of the canvassing board appointments. Any special district election not conducted by a county clerk shall be canvassed by a special district canvassing board. The special district canvassing board shall consist of the district secretary and two (2) electors appointed by the district board. Any canvass shall be conducted in accordance with chapter 16 of the Wyoming Election Code of 1973, as amended. The canvass shall be conducted within seven (7) business days of the election
and shall include a manual review of all hand counted ballots to ensure accuracy
. The canvassing board shall have the authority to call for a special election in accordance with W.S. 22
‑
16
‑
122
if any discrepancies in the hand count are identified and cannot be resolved beyond a reasonable doubt
. The canvassing board shall:
Section 4.
W.S. 22
‑
1
‑
102(a)(i), (iii), (xiv), (xxxiv)(C), (xliii) and (liv), 22
‑
3
‑
113(b), 22
‑
3
‑
117(a)(iii), 22
‑
6
‑
113, 22
‑
8
‑
107, 22
‑
9
‑
121(c)(ii), 22
‑
9
‑
125, 22
‑
10
‑
101 through 22
‑
10
‑
111, 22
‑
11
‑
101.1, 22
‑
11
‑
102 through 22
‑
11
‑
109, 22
‑
12
‑
107(a)(v), 22
‑
12
‑
110, 22
‑
12
‑
112 through 22
‑
12
‑
114, 22
‑
13
‑
109, 22
‑
13
‑
112, 22
‑
14
‑
105, 22
‑
14
‑
110, 22
‑
14
‑
111(a)(i), 22
‑
14
‑
113(a), 22
‑
26
‑
101(a)(iii) and (xi) and 22
‑
26
‑
104 are repealed.
Section 5.
This act shall apply to all elections in Wyoming after January 1, 2026.
Section 6
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
1
HB0094