2010 Wyoming Statutes
Title 22 - Elections
Chapter 11 - Electronic Voting Systems

CHAPTER 11 - ELECTRONIC VOTING SYSTEMS

 

22-11-101. Repealed By Laws 1998, ch. 100, 5.

 

22-11-102. 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 precincts within the county, any electronic voting system authorized by law.

 

22-11-103. Capabilities required.

 

(a) Every electronic voting system adopted for use in Wyoming shall:

 

(i) Provide for voting in secrecy;

 

(ii) Permit each voter to vote at any election for all candidates and offices, and on any question, for which he is lawfully entitled to vote;

 

(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;

 

(iv) Permit each voter, at presidential elections, by one (1) mark or punch to vote for candidates of one (1) party for president, vice-president and presidential electors or to write in a name for president;

 

(v) Provide for replacement of spoiled ballots;

 

(vi) Permit both absentee and write-in voting;

 

(vii) Provide automatic tabulating equipment which shall reject 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, in recording, tabulating and counting every vote cast;

 

(ix) Repealed By Laws 1998, ch. 100, 5.

 

(x) Be certified by the secretary of state.

 

(b) Repealed By Laws 1998, ch. 100, 5.

 

(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 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 are not inconsistent with this Election Code and with the rules. The rules shall be adopted following consultation with the county clerks.

 

22-11-104. Conduct of elections in which systems utilized.

 

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

 

(i) Determine whether paper ballots, ballot cards or a combination of both will be used in each precinct;

 

(ii) Before the day of election deliver to each precinct using an electronic voting system:

 

(A) A sufficient number of voting devices and ballots;

 

(B) Four (4) facsimile diagrams of the entire face of the voting device as it will appear on election day;

 

(C) Other appropriate instructional materials or devices; and

 

(D) All other materials required by law.

 

(iii) Before testing an electronic voting system for an election, 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 automatic tabulating equipment will accurately count the votes cast for all offices and all measures. 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 materials and ballots shall be sealed and retained as provided for paper ballots;

 

(iv) Designate one (1) or more counting centers;

 

(v) Provide adequate security for the delivery of all ballots to the designated counting center;

 

(vi) Provide that if any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment, a true, duplicate copy shall be made by counting board members and substituted for the damaged or defective ballot. All duplicate ballots shall be clearly labeled "Duplicate" and shall bear a serial number which shall be recorded on the damaged or defective ballot. Damaged or defective ballots shall be delivered with the returns to the county clerk.

 

(c) In addition to any other duties prescribed by law, election judges in precincts using an electronic voting system shall:

 

(i) Display facsimile diagrams of the voting device in the same manner as provided for voting machines;

 

(ii) Provide adequate instruction in the use of the voting device to each voter before he enters the voting booth. Additional instruction may be provided as specified by law.

 

22-11-105. Spoiled ballots.

 

Any voter who spoils his paper ballot or ballot card may return it and secure a replacement, but not more than twice. 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.

 

22-11-106. Procedure after voter casts ballot.

 

After marking his paper ballot or ballot card, the voter shall place the ballot inside the ballot envelope and return it to the judge. The judge shall remove the stub and deposit the envelope with the ballot inside in the ballot box. The ballot stub shall be deposited in an envelope provided for that purpose. Ballot cards from which the ballot stub has been detached by anyone except an election judge shall not be deposited in the ballot box, but shall be marked "Spoiled" and placed in the spoiled ballot envelope.

 

22-11-107. Failure of automatic tabulating equipment.

 

If the automatic tabulating equipment fails during the ballot count, the counting board shall use an alternate method of counting the ballots.

 

22-11-108. Retabulation.

 

A retabulation may be performed at the discretion of the county clerk. If the retabulation indicates a different count, the result of the last retabulation shall be the official result unless a recount is conducted. If the difference in the retabulations affects the result of any race or ballot proposition, a recount under W.S. 22-16-109(a) shall be conducted.

 

22-11-109. Post election audit.

 

The county clerk shall conduct a random audit of ballots by processing the preaudited group of test ballots as described in W.S. 22-11-104(b)(iii) on five percent (5%) of the automated tabulating equipment for that county, but on not less than one (1) machine, within thirty (30) days of any election in which the tabulating equipment was used.