2012 Wyoming Statutes
TITLE 22 - ELECTIONS
CHAPTER 16 - CANVASS AND RECOUNT
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 the election 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:

(i) A material error in the conduct of the election has occurred; and

(ii) The error involves a number of votes that is equal to or greater than the number of votes separating the winning and losing candidates.

(b) In a contest involving multiple candidates, no candidate who has clearly won or lost the contest shall be placed on the ballot in the special election.

(c) Any candidate may appeal the decision of the canvassing board to call or not to call a special election in the same manner as he would contest an election under this act.

(d) The special election shall be held if necessary no later than the third Tuesday after the primary election and may be held by a special mail ballot election as provided in W.S. 22-16-123. Any candidate may appeal the decision of the canvassing board in the same manner as he would contest an election under this act. However, this appeal shall be filed in the district court no later than the first Monday following the meeting of the canvassing board whose decision is being appealed. The special election shall be conducted by the county clerk as nearly as possible in the manner of a primary election, except that registration at the polls shall not be permitted. If the election is held as a special mail ballot election, the election shall be held as provided in W.S. 22-16-123.

(e) The special election shall be held if necessary on the third Tuesday after the general election and may be held by a special mail ballot election as provided in W.S. 22-16-123. Not more than fourteen (14) nor less than five (5) days before the special election the county clerk shall publish at least once in a newspaper of general circulation in the county a proclamation setting forth the date of the election, the offices to be filled at the election including the terms of the offices, the number of persons required by law to fill the offices, the requirements for filing statements of campaign receipts and expenditures, and any other pertinent information. The special election shall be conducted by the county clerk as nearly as possible in the manner of a general election. If the election is held as a special mail ballot election, the election shall be held as provided in W.S. 22-16-123.

(f) A court ordered election may be held by special mail ballot election as determined by the county clerk or by the secretary of state if the election involves more than one (1) county.