2010 Wyoming Statutes
Title 22 - Elections
Chapter 9 - Absentee Voting
CHAPTER 9 - ABSENTEE VOTING
22-9-101. Duty to assist absent electors to vote.
The state and county selective service boards, all military organizations, the adjutant general, citizens and officers of this state are charged with the duty of cooperation with election officials and absent electors to assist absent qualified electors to vote in all elections.
22-9-102. Who may vote by absentee ballot.
(a) Any qualified elector may vote by absentee ballot.
(b) A qualified elector who leaves the state with the intent to make his residence elsewhere may vote by absentee ballot in Wyoming until he has met the residency requirement in his new state of residence.
22-9-103. Where to apply.
Applications for an absentee ballot for any election to which this Election Code applies shall be made to the appropriate county clerk.
22-9-104. How to apply; information required.
(a) A qualified elector may apply for an absentee ballot either in person, in writing, or by telephone, by furnishing the following information:
(i) Name in full, social security number (optional), date of birth, and current Wyoming residence address by street, city, county, and zip code or last Wyoming residence address and month and year of leaving Wyoming to live temporarily in another state or nation, if applicable;
(ii) The election for which the absentee ballot is requested;
(iii) If a primary election, the political party ballot if desired;
(iv) A statement that applicant is entitled to vote in the election;
(v) If not obtained in person by the elector, the address to which the absentee ballot is to be mailed or the name of the individual the elector designates in writing to deliver the ballot to the elector.
(b) If the foregoing information is received other than in writing, the clerk receiving the same shall reduce it to writing.
(c) Request for a ballot may be made on behalf of an absentee qualified elector if the prescribed information is furnished.
(d) No organization or person on behalf of an organization shall obtain an absentee ballot for an elector.
A qualified elector may apply for an absentee ballot at anytime during the calendar year in which the election is held, but not on the day of the election.
22-9-106. Qualified absentee voter; written notification if rejected.
The clerk shall mark each completed absentee ballot application with the date of receipt. The clerk shall then determine if the applicant is properly qualified to vote. If the applicant is not entitled to vote, the clerk shall not issue a ballot to him and shall mark the application "rejected" and file it in a file separate from applications which are accepted. If an application is rejected, the clerk shall immediately notify the applicant in writing of the reason for rejection.
22-9-107. Delivering ballots to qualified applicants.
If the clerk determines that the applicant is entitled to vote, he shall mark the application "Accepted" and as soon as ballots are available he shall immediately deliver to the applicant, or the individual designated by the applicant, the absentee ballot or ballots requested, instructions for marking the ballot and the required envelopes for use in returning the ballot.
22-9-108. Absentee ballot record; information to be entered.
(a) For each election, the clerk shall keep an "Absentee Ballot Record" in which he shall enter the following information:
(i) The name, voter registration number and residence address of each absentee ballot applicant, and the ballots requested by each;
(ii) The date of receipt of each application;
(iii) Whether the application was accepted or rejected;
(iv) The applicant's district and precinct number;
(v) The name of the individual to whom the ballot was delivered or the address to which the ballot was mailed, the date of delivery or mailing, and the type of ballot or ballots delivered or mailed;
(vi) The date the completed ballot was received by the clerk.
22-9-109. Form of absentee ballot.
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.
22-9-110. Form of absentee ballot envelopes; distribution.
(a) The secretary of state shall prescribe the form, and distribute to the clerks responsible for the respective elections a supply of the following official envelopes:
(i) The official inner ballot envelope for use in sealing and returning the completed absentee ballot;
(ii) The official outer envelope for use by the clerk in distributing absentee ballot materials.
(b) Repealed by Laws 1991, ch. 243, 5.
22-9-111. Affidavit to be printed on inner envelope; attestation.
(a) Repealed by Laws 1991, ch. 243, 5.
(b) For all voters, as specified in W.S. 22-9-105, an oath meeting the following requirements shall be printed on the reverse side of the inner ballot envelope:
(i) The elector shall print his full name;
(ii) The elector shall provide his current residence address or if living temporarily in another state or nation, his last residence address in Wyoming;
(iii) The elector shall provide his district and precinct numbers;
(iv) Under the above information shall be the following:
(A) "I hereby swear or affirm, under penalty of perjury, that I am entitled to vote in the precinct at the next election and that I have not voted and will not vote again in this election, and that the above information is true and correct.
....(Signature of elector)"
22-9-112. Instructions on outer envelope.
(a) Repealed by Laws 1991, ch. 243, 5.
(b) For all electors, as specified in W.S. 22-9-105, the following shall be printed on the reverse side of the outer envelope in red ink:
This is your absentee ballot. To vote, mark the ballot in secret, then sign the affidavit on the back of the inner ballot envelope and mail or deliver the inner ballot envelope to the county clerk.
22-9-113. Completing and return of ballot.
Upon receipt, a qualified elector shall mark the ballot and sign the affidavit. The ballot shall then be sealed in the inner ballot envelope and mailed or delivered to the clerk.
22-9-114. Receipt by clerk; generally.
The clerk shall mark on each completed inner envelope the date and time of receipt and enter this information in the absentee ballot record. From information contained in the affidavit or from other reliable sources, the clerk shall determine the district and precinct where the ballot shall be voted and shall write the number of the district and precinct on the inner envelope.
22-9-115. Receipt by clerk; handling procedure.
(a) After an absentee ballot has been accepted by the clerk, it shall not be returned to the voter.
(b) The clerk shall place completed absentee ballot envelopes in a large precinct envelope for the precinct in which they shall be voted and keep custody of them until they are delivered to the precinct or the designated counting center. The clerk shall endorse on the precinct envelope the number of the district and precinct and the words "Envelope contains ballots of absentee qualified electors and shall be opened only on election day at the polls when the polls are open" and shall affix his signature, official title, and seal the envelope.
22-9-116. Duplicate precinct lists; generally.
The clerk shall make in duplicate a precinct list indicating the names of electors voting an absentee ballot in the precinct.
22-9-117. Duplicate precinct lists; handling procedure.
The duplicate list of absentee precinct electors shall be placed in the precinct envelope with the absentee ballots. The precinct envelope shall be sealed before being delivered to the precinct polling place.
22-9-118. Delivery of absentee ballots and duplicate list to precincts.
The clerk shall oversee the delivery of the sealed envelope containing absentee ballots and the duplicate list of absent electors to each precinct polling place before the polls are opened. Absentee ballots returned to the county clerk not later than 7:00 p.m. on election day shall be counted.
22-9-119. Late absentee ballots.
An absentee ballot received by the clerk after the polls close shall not be voted. The clerk shall write on the inner envelope of such late absentee ballot "Rejected - received after the polls closed". These late ballots shall be kept by the clerk for at least two (2) years after the election or longer if required by federal law and then destroyed.
22-9-120. Receipt of absentee ballots and lists by judges.
When the absentee ballots are delivered to the polls and the polls are open, the judges of election shall open the precinct envelope and determine whether the ballots therein correspond to the names on the enclosed duplicate list. If they do, the judges shall retain one (1) list permanently, sign the other and return it in receipt to the clerk. The clerk shall retain his list in the absentee ballot record.
22-9-121. Examination of absentee ballot affidavit; rejection; voting ballots.
(a) After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit on the absentee ballot envelope to determine if it is legally sufficient.
(b) If it is not, they shall write on the unopened inner envelope "REJECTED" and reasons for rejection. A rejected ballot envelope and the ballot therein shall be returned to the clerk who delivered it and retained by the clerk as required by state and federal law or until the final termination of any court action in which it may be involved, whichever is later, and then destroyed.
(c) If it is sufficient:
(i) In a paper ballot 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 and stamped with the regular rubber stamp and initialed by a judge of election. The ballot shall then be placed in the regular ballot box by a judge of election;
(ii) In a voting machine precinct, the inner ballot envelope shall be opened after the judges are sworn in and as activity permits, the ballots therein removed and stamped with the regular rubber stamp, initialed by a judge of election, and each ballot deposited in its proper box. After the absentee ballots have been so deposited, they shall be mixed within the box, removed from the box and once the polls open and as activity permits, voted on a voting machine in the following manner: A judge of election shall read the vote for each candidate and ballot proposition. A judge of a different political party affiliation shall record the vote as read on the machine. A third judge shall observe this procedure to see that the vote is correctly cast.
22-9-122. Return of inner ballot envelopes.
The opened inner ballot envelopes shall be returned to and retained by the clerk.
22-9-123. Multiple voting prohibited.
A person shall not vote by absentee ballot and in person at the same election. If more than one (1) absentee ballot is received by a clerk from the same person for the same election, only the first ballot received shall be counted.
If a person violates the provisions of this chapter outside the state of Wyoming, he shall be punishable as though the violation had occurred within the state and may be prosecuted in the county where the absentee ballot was delivered or mailed to the clerk.
22-9-125. Alternate procedures for collecting and counting absentee ballots.
(a) The board of county commissioners may elect to adopt one (1) or both of the following alternate procedures for casting, collecting and counting absentee ballots:
(i) Direct that absentee ballots shall be delivered to and counted by at least three (3) judges appointed for that purpose under W.S. 22-8-107 instead of the procedures specified in this chapter for the delivery of absentee ballots to the separate precincts or designated counting centers. However, if this alternate procedure is used, the judges shall record the results by precinct and shall immediately certify the results to the secretary of state and the county clerk;
(ii) Direct that an absentee polling place may be established in the courthouse or other public building which is equipped to accommodate voters from all districts and precincts within the county and shall be open the same hours as the courthouse on normal business days during the time period allowed for absentee voting.
(b) In the case of electronic voting systems using either alternate procedure provided in subsection (a) of this section, the ballots may be tabulated automatically and the ballot counts shall be entered at the designated counting center at the time the polls close on election day.
(c) If either alternate voting procedure provided in subsection (a) of this section is sought to be used, the secretary of state is authorized to adopt rules and regulations to guard against abuses of the elective franchise to include such matters as contained in W.S. 22-26-113 through 22-26-115.
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