2010 Wyoming Statutes
Title 22 - Elections
Chapter 6 - Ballots

CHAPTER 6 - BALLOTS

 

22-6-101. Certification of candidates nominated; printing of names.

 

Not less than sixty (60) days before each general election the secretary of state shall transmit to each county clerk under party headings a certified list of the name and address of each person nominated by primary election as indicated by the state canvass, the name of each person nominated by provisional or minor party convention, the name of each independent candidate qualifying for nomination by petition, and the office sought. The names of these candidates shall be printed on the official ballot of the general election.

 

22-6-102. County clerk to print ballots and labels; exception.

 

 

(a) The county clerk shall print official ballots, and ballot labels where necessary, for his county, for all primary and general elections. For use on voting machines the county clerk shall print ballot labels in black ink on white material containing the names of candidates or other words required by law.

 

(b) All other ballots shall be provided by the official responsible for conducting the election.

 

22-6-103. Official ballots.

 

(a) The official ballot shall contain the name of every candidate and every ballot proposition lawfully entitled to appear on the ballot. Only official ballots shall be cast at any election.

 

(b) The official absentee ballot shall be in the form prescribed by law for the official ballot or a reasonable printed reproduction of the prescribed form for electronic ballots.

 

22-6-104. Sample ballots and voting machine facsimiles; printing, distribution, posting.

 

The officer providing the official ballot shall also print sample ballots or voting machine labels which shall be identical to the official ballot or voting machine facsimile except that it shall contain the words "SAMPLE BALLOT" in large clear letters and may be printed on paper of a different color than the official ballot or label. The officer shall distribute copies of the sample ballot or voting machine facsimile to each precinct prior to opening of the polls. The judges of election shall post at least three (3) copies of the sample in and around the polling place during the election. The county clerk shall have the samples available in his office for the public.

 

22-6-105. Sample ballots and voting machine facsimiles; publication.

 

The officer providing the official ballots shall publish sample paper ballots and voting machine facsimiles at least once in a newspaper of general circulation in the district in which each primary and general election is held within two (2) weeks prior to the election. This notice shall also state that the names of candidates will be rotated on the official ballots and will not always appear in the order indicated in the sample ballots.

 

22-6-106. Replacement of lost ballots or labels.

 

Official ballots or ballot labels not delivered to a precinct or lost, stolen or destroyed shall be replaced immediately by the official providing the ballot. Judges of election receiving replacement ballots shall sign a receipt therefor in which they shall state under oath, before each other, that the original ballots were not delivered to the precinct or have been lost, stolen or destroyed.

 

22-6-107. Time for possession of ballots and labels.

 

Official ballots and labels for primary and general elections shall be in the county clerk's possession forty (40) days before the election. If a clerk is unable to obtain ballots on time, the secretary of state shall provide by rule and regulation for the clerk to obtain and use substitute ballots.

 

22-6-108. Errors or omissions; posting.

 

 

(a) The official responsible for preparing the ballot shall correct errors or omissions as soon as possible.

 

(b) The official shall post a copy of each ballot in his office not later than the day when the official must have the ballot in his possession.

 

22-6-109. Elector's petition alleging error or omission.

 

(a) Not later than three (3) days after the ballot is posted an elector may file a notarized affidavit with the county clerk alleging that an error or omission exists in any official ballot to be voted within the county. The county clerk shall, if the affidavit has merit, correct the error or omission as soon as possible.

 

(b) Not earlier than three (3) days and not more than six (6) days after filing the notarized affidavit with the county clerk, if the clerk fails to correct the alleged error or omission, the elector may file a petition in district court alleging that an error or omission exists in any official ballot to be voted within the county. The court shall, as soon as practical, order the ballot corrected or dismiss the petition.

 

22-6-110. Ballot propositions.

 

A ballot proposition shall be printed as nearly as possible in the manner and form prescribed by law for a constitutional amendment.

 

22-6-111. Only name of candidate on ballot; exception.

 

A candidate may use the name on the ballot by which he is generally known. Professional titles and degrees shall not appear on the ballot. If in the opinion of the officer with whom the application for nomination or election is filed the names of two (2) or more candidates for any office to be voted on at the same election are the same or so similar as to confuse the electors as to the candidates' identity, the occupation and residence address of each of these candidates shall be printed under the candidate's name on the ballot.

 

22-6-112. Name to appear only once; exception.

 

No candidate's name shall appear on the partisan ballot more than once, except that of a candidate for the office of precinct committeeman or committeewoman, who may also seek another office on the same partisan primary ballot.

 

22-6-113. More than 1 ballot on machine.

 

More than one (1) ballot may appear on a voting machine but if several ballots are placed on a machine they shall be clearly separated to prevent confusion.

 

22-6-114. Repealed by Laws 1991, ch. 243, 5.

 

22-6-115. Specifications for paper ballots; arrangements on voting machines.

 

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 to indicate clearly the office for which a candidate is running.

 

22-6-116. Printing type size of party and candidate names.

 

On official ballots and ballot labels the political party name or title shall be printed in capital letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The names of all candidates shall be printed in the same size letters not less than one-eighth (1/8) inch nor more than one-fourth (1/4) of an inch in height. The name of each political party shall be printed in the same type size as that of every other political party.

 

22-6-117. Order of listing offices in partisan elections.

 

 

(a) The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:

 

(i) President and vice-president of the United States, or electors therefor, or as otherwise required by an act of congress;

 

(ii) United States senator;

 

(iii) Representative in congress;

 

(iv) Candidates for governor, secretary of state, state auditor, state treasurer, and superintendent of public instruction;

 

(v) Repealed by Laws 1992, ch. 1, 7.

 

(vi) Candidates for state senate;

 

(vii) Candidates for state house of representatives;

 

(viii) Candidates for district attorney;

 

(ix) Candidates for county commissioner, coroner, attorney, sheriff, clerk, treasurer, assessor, and clerk of the district court;

 

(x) Repealed By Laws 2008, Ch. 115, 2.

 

(xi) Candidates for precinct offices.

 

22-6-118. Primary ballot colors.

 

(a) The primary ballot of political parties shall be printed on the following colored paper or on paper with the following color demarcation as provided by rule and regulation of the secretary of state:

 

(i) Republican party - White;

 

(ii) Democratic party - Blue;

 

(iii) Repealed by Laws 1991, ch. 243, 5.

 

(iv) Additional major parties - A different color for each major party.

 

22-6-119. Format of partisan primary ballot.

 

(a) The primary ballot of each major political party shall be printed in substantial compliance with this format:

 

(i) Across the top shall be printed "Official Partisan Primary Election Ballot" followed by the name of the major political party;

 

(ii) On the first line shall be printed the county in which the ballot is used, the date of the election and blank lines for entry of the election district and precinct;

 

(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 his name in the blank space provided for that purpose and mark the square immediately adjacent to the name of the person.";

 

(iv) Candidates for the different offices shall be arranged in separate groups. At the top of each group shall appear the title of the office. Adjacent to the title of the office shall be printed "Vote for one" or if more than one (1) are to be voted for, "Vote for not more than", then the appropriate words and figures designating the proper number to be elected;

 

(v) Below the list of candidates in each group shall be printed blank lines for write-in candidates equal in number to the number of candidates to be voted for;

 

(vi) Adjacent to the name of each candidate and blank line shall be printed a square for marking the vote. No square shall appear at the top of a column;

 

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

 

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

 

22-6-120. Format of partisan general election ballot.

 

(a) The general election partisan ballot shall be printed in substantial compliance with this format:

 

(i) Across the top shall be printed "Official Partisan General Election Ballot";

 

(ii) On the first line shall be printed the name of the county in which the ballot is used, the date of the election, and blank lines for entry of the election district and precinct number;

 

(iii) On the second line shall be printed the same instructions as prescribed for primary elections in W.S. 22-6-119;

 

(iv) The designation of offices and the applicable term of office shall be printed preceding the names of candidates for the office;

 

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

 

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

 

(vii) The names of partisan party candidates, if candidates have filed, and independent candidates, if candidates have filed, shall be printed in a separate column or columns, row or rows, and the name of the party represented or the word "Independent" shall be printed directly above the candidate's name or at the end of the row. If there are a number of candidates representing a party, or independents, the county clerk at his discretion may designate a separate vertical column or columns, or row or rows to said candidates and print the name of said party or the word "Independent" at the top of the column or beginning of the row;

 

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

 

(ix) For offices to which more than one (1) person is to be elected, the names of candidates in each column running for the office shall be offset or staggered to prevent two (2) names from appearing directly opposite each other;

 

(x) Below the names of candidates for each office shall be printed blank lines for write-in candidates equal in number to the number of persons to be elected;

 

(xi) Adjacent to the name of each candidate, except those running for the office of president and vice-president of the United States and their electors, and adjacent to each blank line for write-in candidates, shall be printed a square for marking the vote. A single square shall be printed to indicate the vote for candidates for the office of president and vice-president of the United States. No square shall appear at the top of a column;

 

(xii) Adjacent to the description of any office to be filled by more than one (1) candidate shall be printed "Vote For Not More Than", then the appropriate words and figures designating the proper number to be elected;

 

(xiii) Vertical columns containing the names of candidates shall be separated by a blank line one-twelfth inch wide;

 

(xiv) The official statement of the ballot proposition shall commence on the next line;

 

(xv) Adjacent to the final line of such statement shall be printed two (2) squares on the same line. Above the first square shall be printed the word "For" and above the second square shall be printed the word "Against";

 

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

 

22-6-121. Political party ballot position on general election ballot; order of candidates' names.

 

(a) Political party position shall be determined on the general election ballot according to the number of votes received by each party within the county for the office of representative in congress at the last preceding general election. The party receiving the highest number of votes shall appear first following the names of the offices to be voted for and other parties shall follow in the order of their respective numbers of such votes. The order of any provisional parties will be drawn by the secretary of state. Any independent candidates shall appear following the last party and shall be listed in alphabetical order, subject to rotation. When more than one (1) candidate is to be elected to a particular office, the names of candidates shall be printed in alphabetical order, subject to rotation, on all ballots for electronic and machine voting systems as defined by W.S. 22-1-102.

 

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

 

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

 

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

 

22-6-122. Rotation of candidates' names; equal lines on voting machines.

 

The names of candidates for each office shall be rotated on all ballots by precinct for all elections. In each county the name of each candidate shall appear substantially an equal number of times at the top, at the bottom, and in each intermediate place. In a voting machine precinct, if candidates for the same office occupy more than one (1) line on the voting machine, the number of names appearing on each line shall be as nearly equal as possible.

 

22-6-123. Nonpartisan election ballots and ballot propositions.

 

Primary and general election ballots for nonpartisan offices and ballot propositions shall be printed on yellow paper or paper with yellow demarcation as provided by rule and regulation of the secretary of state, separate from partisan ballots. They shall contain no political party designations, but otherwise shall conform to the same general requirements for official partisan ballots except as otherwise specifically provided.

 

22-6-124. Ballot propositions format.

 

Following all offices on nonpartisan ballots, ballot propositions shall be printed in the order prescribed by law. The name and official number, if any, of each ballot proposition shall be printed adjacent to the proposition in large letters. Nonpartisan ballots shall contain the same instructions as prescribed for partisan primary election ballots in W.S. 22-6-119. If the ballot contains a proposed constitutional amendment or other ballot proposition, the instructions shall also include the following: "To vote for or against a proposed constitutional amendment, initiative or referendum, or other ballot proposition, mark the square printed adjacent to the proposition marked 'For' or 'Against'."

 

22-6-125. Order of offices and ballot propositions on nonpartisan ballots.

 

(a) The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:

 

(i) Retention of justices of the supreme court;

 

(ii) Retention of district court judges;

 

(iii) Retention of circuit court judges;

 

(iv) Retention of magistrates;

 

(v) Repealed By Laws 2004, Chapter 42, 2 and Chapter 94, 4.

 

(vi) Candidates for municipal offices;

 

(vii) Candidates for community college trustees;

 

(viii) Candidates for school board trustees;

 

(ix) Candidates for special district directors;

 

(x) Candidates for other offices of county subdivisions;

 

(xi) Constitutional amendments;

 

(xii) Initiative propositions;

 

(xiii) Referendum propositions;

 

(xiv) Other ballot propositions.

 

22-6-126. Form of nonpartisan ballots.

 

(a) The official nonpartisan ballot for a general election shall be printed in substantially the following form:

 

OFFICIAL NONPARTISAN ELECTION BALLOT

 

GENERAL ELECTION

 

County of ...., Election District ...., Precinct ....

 

Date ....

 

(here print instructions)

 

CANDIDATES FOR PUBLIC OFFICE

 

For Justice(s) of the Supreme Court

 

(Here designate the particular term,

 

such as "regular eight (8) year term",

 

or the "unexpired term of .... years").

 

Shall Justice John Roe be retained in office? Yes No

 

 

 

Shall Justice Richard Roe be retained in office? Yes No

 

 

 

For Judge(s) of the District Court of the .... Judicial District

 

(Here designate the particular term,

 

such as "regular six (6) year term",

 

or the "unexpired term of .... years").

 

Shall Judge Jane Roe be retained in office? Yes No

 

 

 

Shall Judge Richard Roe be retained in office? Yes No

 

 

 

For Circuit Court Judge

 

(Here designate the particular

 

term, such as "regular four-

 

year term", or the "unexpired term of .... years").

 

Shall Judge John Doe be retained in office? Yes No

 

 

 

Shall Judge Richard Roe be retained in office? Yes No

 

 

 

For Magistrate

 

(Here designate the particular term,

 

such as "regular four (4) year term",

 

or the "unexpired term of .... years").

 

Shall Magistrate John Doe be retained in office? Yes No

 

 

 

Shall Magistrate Richard Roe be retained in office? Yes No

 

 

 

Align all designations of office to correspond on the ballot with the listing of names of candidates for the proper office and term.

 

BALLOT PROPOSITIONS

 

Proposed Constitutional Amendment Letter A: For Against

 

(Ballot Statement)  

 

Proposed Initiative Proposition Number One: For Against

 

(Ballot Statement)  

 

Proposed Referendum Proposition Number One: For Against

 

(Ballot Statement)  

 

Other Ballot Propositions: For Against

 

(Ballot Statement For Each Proposition)  

 

(b) The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the supreme court, judges of the district court and circuit court judges but otherwise shall be in the same form as the general election nonpartisan ballot.

 

22-6-127. Rotation of names on nonpartisan ballots.

 

 

(a) The names of candidates for each nonpartisan office shall be rotated on the ballot in the same manner as required by law for candidates for partisan office.

 

(b) Rotation is not necessary if the number of candidates is equal to or less than the number of seats up for election.

 

22-6-128. Ballots for other elections.

 

At the county clerk's discretion, separate ballots for bond, school and community college districts, and special district elections may be required and shall be provided by the authority responsible for holding the election. Ballots shall conform as nearly as possible to general requirements specified by law for the general election ballot, except as otherwise specifically provided.

 

22-6-129. Repealed By Laws 2008, Ch. 115, 2.