2010 Wyoming Statutes
Title 22 - Elections
Chapter 3 - Registration

CHAPTER 3 - REGISTRATION

 

22-3-101. When required; prior registration in effect.

 

(a) Registration is required before a person may vote.

 

(i) Repealed By Laws 1998, ch. 100, 5.

 

(ii) Repealed By Laws 1998, ch. 100, 5.

 

(iii) Repealed By Laws 1998, ch. 100, 5.

 

(b) Any voter legally registered prior to May 25, 1973, is considered registered under the Election Code enacted in 1973.

 

22-3-102. Qualifications; temporary registration.

 

(a) A person may register to vote not less than thirty (30) days, and effective January 1, 2011 fourteen (14) days before an election, at any election specified in W.S. 22-2-101(a)(i) through (viii) or as provided by W.S. 22-3-117, who satisfies the following qualifications:

 

(i) He is a citizen of the United States;

 

(ii) He will be at least eighteen (18) years of age on the day of the next general election provided he shall not be permitted to vote until he has attained the age of eighteen (18);

 

(iii) He is a bona fide resident of Wyoming as determined in accordance with W.S. 22-1-102(a)(xxx);

 

(iv) He is not currently adjudicated mentally incompetent;

 

(v) He has not been convicted of a felony, or if convicted has had his civil or voting rights restored.

 

(b) Repealed By Laws 2004, Chapter 94, 4.

 

(c) Repealed By Laws 1998, ch. 100, 5.

 

(d) An absent uniformed services or an overseas citizen voter who is qualified to register by mail, to request an absentee ballot, and to vote in Wyoming is entitled to register by mail using the Federal Postcard Application for the purpose of voting in one (1) election or as many as the next two (2) federal election cycles, including the primary and general and special federal elections, but thereafter the voter's name shall be removed from the temporary registration list which shall be maintained as a segregated part of the voter registration list. The voter's name shall not appear on the permanent official registry list until the voter has registered as provided in W.S. 22-3-103 and 22-3-104.

 

(e) The secretary of state is authorized to provide for the verification of certain voter registration data in accordance with the following:

 

(i) The secretary of state and the director of the department of transportation shall enter into an agreement to match voter registration data with information maintained by the department regarding driver's licenses, in order to verify the information provided on applications for voter registration;

 

(ii) The secretary of state and the attorney general shall enter into an agreement to compare data in the voter registration system with information maintained by the division of criminal investigation regarding state felony convictions in order to deny voter registration to, and remove from voter registration lists, individuals who are not qualified electors;

 

(iii) The secretary of state and the director of the department of health shall enter into an agreement to match information in the voter registration system with death records in the office of vital records services within the department of health in order to remove names of deceased individuals from voter registration lists;

 

(iv) The secretary of state and the state board of parole shall enter into an agreement to match information in the voter registration system with records regarding restoration of voting rights maintained by the state board of parole in order to verify voter qualifications;

 

(v) The secretary of state and the supreme court shall enter into an agreement to match information in the voter registration system with other records in order to generate jury lists.

 

22-3-103. Furnishing of oath forms; contents thereof.

 

(a) The county clerk shall furnish voter registration oath forms to registry agents which forms shall require the following voter information from the applicant:

 

(i) His full legal name;

 

(ii) His current residence address or if living temporarily in another state or nation, his last residence address in Wyoming;

 

(iii) His postal address if different from his residence address;

 

(iv) His date of birth;

 

(v) Acceptable identification as defined pursuant to W.S. 22-1-102(a)(xxxix);

 

(vi) His Wyoming driver's license number, or if he has no current, valid Wyoming driver's license, a statement to that effect and the last four digits of his social security number, or if he has neither, a statement to that effect;

 

(vii) His political party affiliation, if any.

 

(viii) Repealed By Laws 2010, Ch. 3, 3.

 

(b) Following the provision of the information required in subsection (a) of this section, the form shall require the applicant's signature in full below the following oath:

 

I, ...., do solemnly swear (or affirm) that I am a citizen of the United States; that I am a bona fide resident of the state of Wyoming and this county; that I will be at least eighteen (18) years of age on or before the next election; that I am not .... now registered in another county or state; that I am not currently adjudicated a mentally incompetent person, that I have not been convicted of a felony, or if I have been convicted of a felony, I have had my civil or voting rights restored by a competent authority; and that the voter registration information contained herein is true and accurate to my best knowledge and belief.

 

.... (Signature in full of applicant)

 

Subscribed and affirmed or sworn to before me by .... this .... day of ...., (year).

 

.... (Signature and title of registry agent

 

or person authorized to administer oaths)

 

(c) Persons in the uniformed services and overseas citizens, as specified in W.S. 22-3-117, may swear or affirm to the oath under the penalty of perjury. The oath does not require the signature of an oath-taking officer.

 

22-3-104. Methods of verification; signing oath; time for proving eligibility; registration locations.

 

(a) Repealed By Laws 2004, Chapter 94, 4.

 

(b) Repealed By Laws 2004, Chapter 94, 4.

 

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

 

(d) An applicant may only register to vote in person or by mail at which time he shall provide the information required by W.S. 22-3-103(a) and sign the registration oath as required by W.S. 22-3-103(b).

 

(i) Repealed By Laws 2005, ch. 110, 2.

 

(ii) Repealed By Laws 2005, ch. 110, 2.

 

(iii) Repealed By Laws 2005, ch. 110, 2.

 

(e) Repealed By Laws 2005, ch. 110, 2.

 

(f) A person shall be registered to vote as follows:

 

(i) Registration before the secretary of state has certified that the voter registration system is operational is effective upon receipt and acceptance by the county clerk or election judge of the completed and signed registration oath subscribed by the registry agent or by a person authorized to administer oaths if the voter is registering by mail;

 

(ii) Registration after the secretary of state has certified that the voter registration system is operational is effective:

 

(A) At the polls for the purpose of voting. Upon verification of the information, the voter shall continue to be registered. Upon failure of verification, the voter's registration shall be revoked in accordance with W.S. 22-3-105;

 

(B) For registration, other than at the polls, after the voter registration information has been entered onto the voter registration system and verified.

 

(g) On election day, applicants attempting to register who lack the proof required under this section shall be offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to register and to vote in the precinct.

 

(h) An applicant may register to vote in person:

 

(i) In his proper polling place at any election specified in W.S. 22-2-101(a)(i) through (viii); or

 

(ii) In the office of the county clerk or city clerk in the principal office building of the county or city in the presence of the registry agent.

 

(j) A county or city clerk may establish and maintain registration facilities in a public area owned or occupied by a political subdivision or governmental institution, agency or entity, after giving not less than two (2) days notice by publication in a newspaper of general circulation in the county and by posting such notice in such clerk's office. The requirements of subsection (h) of this section regarding the place of registration shall not apply to a person registering in accordance with this subsection.

 

22-3-105. Investigation of voter qualifications; striking names from registry; criteria; notice; appeal.

 

(a) The county clerk may investigate the qualifications of any voter registration, when he has reasonable cause to believe that the voter may be unqualified. The county clerk shall, after a thorough investigation, strike from the voter registration lists the name of any person who is not qualified to be registered.

 

(b) Among the criteria he may use in determining the qualifications of any person to be registered are the following:

 

(i) Location of dwelling of registrant and family;

 

(ii) Occupation and location of employment;

 

(iii) Location of vehicle registration;

 

(iv) Driver's license;

 

(v) Property owned;

 

(vi) Any other residency qualifications either provided by law or deemed reasonable by the clerk to render a judicious determination.

 

(c) The clerk shall give immediate written notice by certified return receipt mail to any person who is denied registration.

 

(d) Any person who is denied registration has the right to appeal to a circuit court within the county or to the district court within five (5) days of the date of the notification. The appellant shall not be required to obtain legal counsel for any such appeal.

 

(e) The court shall hear and decide any such appeal within five (5) days from the date the appeal is received.

 

(f) The provisions of the Wyoming Administrative Procedure Act are not applicable to voter registration appeals.

 

22-3-106. Request for voter registration withdrawal; form.

 

If a voter registration applicant affirms that he is registered in another county or state, the registry agent shall require that the applicant make a written withdrawal of voter registration from another county or state on the Wyoming registration application.

 

22-3-107. Information registry agent may enter on registration form.

 

The registry agent may determine and enter on a voter registration oath form the voting district number, polling precinct number, school district number, house district number and senate district number after the applicant signs the form.

 

22-3-108. Official registry list information.

 

(a) The official registry list shall contain at least the following information as to each registered elector:

 

(i) Name in full;

 

(ii) Residence by street number and name, if any;

 

(iii) Voting district and precinct numbers;

 

(iv) Party affiliation, if declared;

 

(v) House and senate district numbers;

 

(vi) Date of birth; and

 

(vii) The elector's Wyoming driver's license number, or if the elector has no Wyoming driver's license, one (1) of the following unique identifying numbers:

 

(A) The last four (4) digits of the elector's social security number, or if the elector also has no social security number;

 

(B) A unique identifying number generated by the state.

 

(b) The official registry list may contain the following information as to each registered elector:

 

(i) Repealed By Laws 2004, Chapter 94, 4.

 

(ii) County of residence;

 

(iii) Date of registration;

 

(iv) Repealed By Laws 2004, Chapter 94, 4.

 

(v) Name of municipal corporation of residence, if any;

 

(vi) Number of school district of residence;

 

(vii) Mailing address;

 

(viii) Gender; and

 

(ix) Telephone number, if any.

 

(c) The county clerk may maintain within the election records the social security numbers of registered electors for identification purposes.

 

22-3-109. Certification and transmittal of poll lists; posting of registry lists.

 

(a) Not less than ten (10) days before any election, the county clerk shall certify and transmit to the officer in charge of each election at his request the necessary poll lists for the precincts or areas involved in the election. Not less than ten (10) days prior to the primary and general elections the county clerks shall deliver three (3) copies of the poll lists for each precinct in the county to the county chairman of each political party in the respective counties.

 

(b) The county clerk shall publicly post in a prominent place at the county courthouse one (1) copy of the registry list for each precinct.

 

22-3-110. Expense of preparing poll lists.

 

The expense of preparing poll lists required by law to be provided by the county clerk in combined statewide political subdivision elections, shall be shared on an equitable basis by the governmental entities participating in the election. The expense of preparing other poll lists shall be paid by the entity holding the election.

 

22-3-111. Preparation and contents of pollbooks.

 

(a) The county clerk shall prepare the necessary pollbooks for each precinct for statewide and political subdivision elections held on the same date. The precinct pollbooks shall contain the poll lists, the oaths of judges of election, certificate of ballots, and a tally sheet if ballots are hand counted. On the cover of the pollbook shall be printed the words "Pollbook", the election and date of the election, the voting district and precinct numbers.

 

(b) Pollbooks shall be prepared for special district elections by the officials in charge of such elections. The county clerk shall furnish poll lists as required and requested by such officials.

 

22-3-112. Pollbook distribution; entering information.

 

Before the polls open, the county clerk shall distribute the precinct pollbooks to the judges of election in the respective precincts. The judges of election shall enter in pollbooks all information required by law.

 

22-3-113. Disposition of pollbooks after polls close.

 

After the polls are closed and the pollbooks are made to agree, the judges of election in each precinct shall return one (1) pollbook containing one (1) copy of each of the poll lists to the county clerk, together with the election returns, and retain one (1) copy of each poll list in their possession. Judges of election may discard poll lists in their possession two (2) years after the election to which the poll lists pertain or in the event of litigation, at the conclusion of the litigation, whichever date is later.

 

22-3-114. Notification by registered elector of name or address change.

 

A registered elector who changes his name or changes his residence from one address to another within the same county shall notify the county clerk of the change, including in the notification the name, address, precinct and social security number (optional) under which registered and the nature of the change.

 

22-3-115. Grounds for cancellation of registration.

 

(a) A registered elector's registration shall be cancelled for any one (1) of the following reasons:

 

(i) Failure to vote in any general election;

 

(ii) Death;

 

(iii) Removal of residence from the county or state more than thirty (30) days prior to an election;

 

(iv) Disqualification to vote;

 

(v) Receipt of notification that the elector has registered to vote in another jurisdiction;

 

(vi) Upon written request of the elector.

 

(b) A registered elector's registration shall not be cancelled if the elector in any general election requested an absentee ballot which was rejected.

 

22-3-116. Notice of intent to cancel registration.

 

When the county clerk has information that a registration should be cancelled, he shall mail a notice of intent to cancel to the elector at his address on the registry list stating the reason for cancellation. The notice shall state that cancellation shall occur within twenty (20) days unless the elector asks that his name remain on the registry list. A copy of the notice of cancellation shall be retained by the county clerk for three (3) years. A notice is not required if the clerk has received a receipt of notification that the elector has registered to vote in another jurisdiction or if the elector requested cancellation in writing.

 

22-3-117. 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. 22-3-103(a) and acceptable identification to and completing and subscribing, the form of voter registration oath prescribed by W.S. 22-3-103(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 and processed by the county clerk during the closed period described in W.S. 22-3-102(a) if it is accompanied by an absentee ballot request for elections where a voter may register at the polls;

 

(ii) Be made at the county clerk's office during the closed period described in W.S. 22-3-102(a) if the voter simultaneously votes at the county clerk's office; or

 

(iii) Be made and processed at the absentee polling place during the closed period described in W.S. 22-3-102(a) if the voter simultaneously votes at the absentee polling place established for that purpose pursuant to W.S. 22-9-125.

 

(b) Under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (2002) the following persons shall be allowed to simultaneously register and make application for an absentee ballot through the use of the Federal Postcard Application (FPCA), provided those persons are residents of this state or in the case of overseas citizens, they were last domiciled in Wyoming immediately prior to their departure from the United States and are not registered to vote in any other jurisdiction:

 

(i) Members of the uniformed services and their spouses and dependents residing with them;

 

(ii) Overseas citizens and their spouses and dependents residing with them;

 

(iii) Citizens temporarily residing outside of the United States, and their spouses and dependents residing with them; and

 

(iv) Any other person to whom federal law requires this privilege be extended.

 

(c) Registration through the Federal Postcard Application constitutes temporary registration for the purpose of voting in one (1) election or through as many as the next two (2) federal election cycles, including the primary and general and special federal elections, and the registration of such a registrant shall be maintained as provided in W.S. 22-3-102(d). The Federal Postcard Application shall be accepted if completed and signed by the applicant under penalty of perjury.

 

(d) If any person specified in subsection (b) of this section desires permanent registration, that person shall provide the information required by W.S. 22-3-103(a) and subscribe to the voter registration oath prescribed by W.S. 22-3-103(b). The oath shall be self-administered under penalty of perjury and notwithstanding W.S. 22-3-104 does not require the signature of an oath-taking official.

 

22-3-118. Proof of identity.

 

(a) Unless a voter is challenged pursuant to W.S. 22-15-101 through 22-15-109, no identification shall be required when:

 

(i) Voting in person or by mail after having registered in person; or

 

(ii) Voting in person or by mail after having registered by mail and having previously voted in a Wyoming federal election.

 

(b) Prior to voting, when a voter has registered by mail and is voting in person in his first Wyoming federal election, he shall provide:

 

(i) A current, valid photo identification; or

 

(ii) A copy of a current utility bill, bank statement, paycheck, government check or other government document which shows his name and address.

 

(c) When a voter has registered by mail and he is voting by mail in his first Wyoming federal election, he shall submit with his absentee ballot:

 

(i) A copy of a current, valid photo identification; or

 

(ii) A copy of a current utility bill, bank statement, government check, paycheck, or other government document which shows his name and address.

 

(d) Voters who are unable to provide the required proof under the applicable provisions of subsections (b) and (c) of this section shall be offered provisional ballots in accordance with W.S. 22-15-105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to vote in the precinct.

 

(e) The provisions of this section shall not apply to elections conducted pursuant to chapter 29 of this Election Code.

 

(f) As used in this section "Wyoming federal election" means a primary election, general election or a special election for federal office held in this state.