SF 108

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                            STATE OF WYOMING
                           SENATE FILE NO. SF0108
 Election purity and hand count-2.
 Sponsored        by:      Senator(s)   Laursen,  D   and  Ide   and
                        Representative(s) Brady and Smith
                                       A BILL
                                         for
1 AN     ACT   relating     to     elections;     providing   for    the   hand
2 counting        of    ballots;       establishing    statewide    standards
3 related to the handling and counting of ballots; providing
4 for the reconciling of ballot numbers; prohibiting the use
5 of     voting    machines      for    casting   or   tabulating    ballots;
6 providing duties for county clerks and the secretary of
7 state; revising requirements for the post-election ballot
8 audit; requiring rulemaking; revising offenses related to
9 elections;  providing        penalties;     making       conforming
10 amendments;  repealing       conflicting     provisions;      making
11 legislative  findings;        specifying     applicability;       and
12 providing for an effective date.
13
14 Be It Enacted by the Legislature of the State of Wyoming:
15
                                          1  SF0108
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1Section 1.
2
3(a)    The legislature finds that:
4
5(i)     Public     confidence        in      election      outcomes
6 depends on processes that are transparent, verifiable, pure
7 and secure;
8
9(ii)    The      use     of    electronic       tabulation        and
10 electronic      voting      systems        has   created    concerns      in   the
11 public regarding election oversight, transparency, security
12 and cost;
13
14(iii)     Manual       tabulation    and     counting      of   paper
15 ballots      under    uniform     statewide       standards       will   increase
16 election accuracy, transparency and voter trust;
17
18(iv)    Wyoming elections should rely on processes
19 that can be observed, audited, and replicated by citizens;
20
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1(v)   It     is      necessary  to    repeal        statutory
2 authorizations      for    electronic        tabulation        and   e-pollbooks
3 and to establish statewide standards for manual tabulation
4 and    counting     that        maintain      flexibility  for    improved
5 counting methods over time.
6
7(b)   The   purpose       of   this    act   is    to    transition    all
8 Wyoming      elections     to    paper       ballots     that     are    manually
9 counted in public view under uniform statewide standards
10 ensuring      purity     of     the    vote,     transparency,  security,
11 accuracy, accessibility and public confidence.
12
13Section 2.       W.S. 22-6-201 through 22-6-210 are created
14 to read:
15
16ARTICLE 2
17MANUAL BALLOT COUNTING AND AUDITING
18
1922-6-201.    Paper ballots and design standards.
20
21(a)   All votes shall be cast on paper ballots that
22 are:
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1
2(i)     Able to be read by a human;
3
4(ii)       Able    to     be        manually     tallied       or    hand
5 countable;
6
7(iii)       Designed  in      accordance  with     the
8 requirements        of   this     Election  Code     and    with     statewide
9 standards established by rule of the secretary of state in
10 accordance with this Election Code. The secretary of state
11 shall use the USCase.org "Gold Standard Elections" white
12 paper guidelines to adopt rules under this paragraph.
13
14(b)   Ballots shall contain only text and marks that
15 can be interpreted by human inspection without the aid of
16 electronic tabulation devices.
17
18(c)   Ballots  shall        include  security        features
19 sufficient  to     prevent       unauthorized  duplication      or
20 substitution        of    ballots      as        specified    by     rule    of   the
21 secretary of state.
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1
2(d)   Accessible voting devices permitted under federal
3 law to comply with the Help America Vote Act of 2002, P.L.
4 107-252, shall be used only to produce one (1) ballot per
5 voter that shall be able to be read by a human and that
6 shall be manually counted in the same manner as all other
7 ballots.
8
922-6-202.    Ballot   security,  custody,    transport    and
10 storage.
11
12(a)   The    secretary      of    state    shall     adopt   uniform
13 statewide standards for the secure production, transport,
14 storage and accounting of ballots that are consistent with
15 the provisions of this article.
16
17(b)   Each   county   clerk      shall    maintain     a   documented
18 chain of custody for all ballots and election materials
19 from   printing     or   receipt    of    the    ballots     through    final
20 storage of the ballots after the election.
21
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1(c)    Every transfer of custody of ballots and election
2 materials shall be recorded with the date, time, persons
3 involved and the seal or container number, if applicable.
4
5(d)    All    ballots      and       election        materials      shall    be
6 stored       in     sealed      containers  under     continuous  video
7 surveillance        for   not    less       than    twenty-four  (24)   months
8 after the election.
9
10(e)    All    records      and       recordings       described      in     this
11 section       are     public      records,  subject        to     reasonable
12 protection of:
13
14(i)    Personal     voter       information       as      required     by
15 law;
16
17(ii)    Ballot     security  details    as     determined      by
18 rule of the secretary of state as necessary to ensure the
19 security of elections.
20
2122-6-203.      Publicly      conducted  manual  counting     of
22 ballots.
23
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1(a)   Manual counting of ballots shall be conducted in
2 public view at the designated counting centers for each
3 county or precinct.
4
5(b)   Observers from political parties, candidates and
6 the    public   shall    be     permitted        to    observe     the     manual
7 counting of ballots under conditions established by rule of
8 the secretary of state that allow meaningful observation of
9 the counting process without interference.
10
11(c)   Areas    where     counting     is        occurring     shall     be
12 recorded with video and audio equipment, and recordings of
13 the counting shall be retained by the county clerk for not
14 less    than    sixty    (60)      months.       Recordings        under     this
15 subsection shall be made publicly available on the website
16 of the county clerk.
17
18(d)   Before     counting        begins        under   this       section,
19 election judges shall verify publicly that all containers
20 are sealed, shall note the seal numbers and shall document
21 the total number of ballots received by ballot category as
22 provided in W.S. 22-6-204(b)(v).
23
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1(e)   Counting shall begin as soon as practicable after
2 the closing of the polls and shall continue without undue
3 delay    until     all   ballots       are    fully      tallied,     counted,
4 reconciled and reported.
5
6(f)   Count totals by precinct and ballot type shall be
7 made    public     not   later     than      one   (1)    hour      after     the
8 completion of counting under this section.
9
1022-6-204.    Statewide standards for manual counting of
11 ballots.
12
13(a)   All   ballots   shall      be   counted      by   hand    using    a
14 nationally    recognized     hand       counting      methodology       and    in
15 accordance       with    uniform       statewide      counting        standards
16 adopted by the secretary of state. The secretary of state
17 shall use the USCase.org "Gold Standard Elections" white
18 paper guidelines to adopt rules under this subsection.
19
20(b)   The uniform statewide counting standards adopted
21 by the secretary of state shall include at minimum:
22
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1(i)     Ballot security features to prevent the use
2 of fraudulent printers and duplication systems;
3
4(ii)    Counting     teams,  including      not    less   than
5 four   (4)    members      of   not       less   than    two    (2)    different
6 political     affiliations,       with       balanced        representation      of
7 political parties to the extent practicable;
8
9(iii)     Oaths of impartiality administered to all
10 counting personnel;
11
12(iv)    Standardized  training      in    ballot   handling,
13 determining        voter    intent,  dispute      resolution,  tally
14 recording, reconciliation and custody documentation;
15
16(v)     Requiring    ballots  to    be     separated       and
17 counted in three (3) categories:
18
19(A)    Absentee voting;
20
21(B)    Early voting;
22
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1(C)     In-person     voting      on    the      day     of
2 election.
3
4(vi)     Independent tallies by  not less      than    two
5 (2)    recorders     per    team,    reconciled      and   signed     before
6 finalizing the vote count;
7
8(vii)     Batch      processing        procedures       allowing
9 verification and identification of discrepancies;
10
11(viii)       Reconciliation       of    ballots      at       each
12 transfer of ballots, including matching totals of issued,
13 cast, spoiled, provisional and unused ballots;
14
15(ix)     Documentation       linking    all    tally      sheets,
16 reconciliation forms and chain-of-custody records;
17
18(x)     Requiring all documentation to be duplicated
19 and available to be held as copies by head judges;
20
21(xi)     Requiring      uniform    incident      logging       for
22 errors, corrections and disputes;
23
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1(xii)   Prohibiting the use of any apparatus that
2 automatically examines and counts votes recorded on paper
3 ballots or ballot cards and tabulates the results. Nothing
4 in     this     paragraph    shall    prohibit   the     use     of    simple
5 calculators that are used solely for arithmetic operations
6 to sum manually counted tallies.
7
8(c)     Each county shall use a manual counting method
9 that    is     consistent    with    the   uniform    statewide       counting
10 standards under this section and that is approved by the
11 secretary of state.
12
1322-6-205.       Counting for absentee voting, early voting
14 and provisional ballots.
15
16(a)     Ballots   from    absentee    voting    and    early    voting
17 shall     be    separately      verified,    stored    by     precinct     and
18 counted        under   the   same    security    and    manual        counting
19 standards as ballots from in-person voting on the day of
20 election.
21
22(b)     The outer envelope for each absentee ballot shall
23 be logged upon receipt with a unique identifier, date and
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1 time and voter record linkage. Poll books shall be updated
2 to reflect the receipt of the absentee ballot.
3
4(c)   Signatures     and     voter       eligibility        shall    be
5 verified before separation of the ballot from identifying
6 information.
7
8(d)   Ballots failing verification shall be documented,
9 segregated     and    excluded    from   counting      pending     review   by
10 election judges.
11
12(e)   Verified    ballots shall be  manually        counted and
13 included in precinct-level results.
14
15(f)   Provisional    ballots      shall    be     stored    separately
16 and    shall    be     manually    counted       after     eligibility      is
17 confirmed.
18
1922-6-206.      Timelines    for      counting;       reporting       of
20 results.
21
22(a)   Manual     counting        shall    begin      as      soon    as
23 practicable after the close of polls and shall continue
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1 without undue delay until all ballots are fully tallied,
2 counted, reconciled and reported.
3
4(b)     The secretary of state may authorize by rule an
5 early start of counting for ballots cast and secured prior
6 to     election     day,     subject    to    secrecy     and     custody
7 restrictions.       The    secretary    of   state   shall       use    the
8 USCase.org "Gold Standard Elections" white paper guidelines
9 to adopt rules under this subsection.
10
11(c)     Each county clerk shall report verified precinct
12 results to the secretary of state as soon as practicable
13 after    counting    is    complete.   The   secretary    of    state   may
14 establish counting and reporting timelines by rule that are
15 consistent with the requirements of this article.
16
17(d)     Counties shall complete counting within the time
18 limits established under subsection (c) of this section,
19 except    in    extraordinary    circumstances    documented      in    the
20 public record.
21
2222-6-207.    Rulemaking; training.
23
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1(a)    The    secretary     of     state     shall    adopt       rules
2 necessary to implement this article, including establishing
3 uniform      statewide    standards      for   ballot   design,     chain   of
4 custody,      manual     counting,      reconciliation,      training       and
5 public observation. The secretary of state shall use the
6 USCase.org "Gold Standard Elections" white paper guidelines
7 to adopt rules under this subsection.
8
9(b)    The    secretary     of     state     shall    establish        a
10 standardized curriculum for county clerks to train election
11 officials, judges and counting teams.
12
13(c)    Training    sessions      conducted   under    this    section
14 shall   be    open   to the     public for      observation.       No person
15 shall conduct counting activities under this article unless
16 the person has completed the training required under this
17 section.
18
1922-6-208.       Meetings and notice requirements.
20
21(a)    Except     as   provided    in   subsection    (e)    of   this
22 section, any meeting of the county clerk or the secretary
23 of state concerning the counting, auditing, canvassing or
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1 recounting of ballots shall be publicly noticed not less
2 than seven (7) calendar days before the meeting.
3
4(b)   Notice under subsection (a) of this section for a
5 meeting of the county clerk shall be posted on the county
6 website,     at    the   county     clerk's       office     and   shall    be
7 published    in    a   newspaper    of    general    circulation       in   the
8 county.
9
10(c)   For   county     matters,      the     county     clerk    shall
11 provide notice of the meeting to the chairmen of all major
12 political parties within the county.
13
14(d)   For state matters, the secretary of state shall
15 provide notice of the meeting to the state chairmen of all
16 major political parties recognized in Wyoming.
17
18(e)   Emergency meetings may be held only to address
19 urgent    issues and     shall     be    publicly   noticed as       soon as
20 practicable with a statement of the emergency that required
21 the emergency meeting.
22
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1(f)   All meetings under this section shall be open to
2 the public. Any minutes or recordings of a meeting under
3 this   section shall        be   made   available   to   the   public   not
4 later than seventy-two (72) hours after the adjournment of
5 the meeting.
6
722-6-209.     Recounts.
8
9(a)   Any recount required by law shall be performed
10 manually     in    accordance      with    the    same   standards      and
11 procedures as the initial count.
12
13(b)   Recounts shall be conducted publicly, recorded on
14 video and audio as provided by W.S. 22-6-203(c) and the
15 recordings shall be retained for not less than eight (8)
16 years.
17
1822-6-210.     Prohibited practices and penalties.
19
20(a)   No person shall use electronic voting equipment
21 including,     but    not    limited      to,    tabulators,    automated
22 counting equipment, e-pollbooks or scanners in any election
23 conducted under this article. Nothing in this subsection
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1 shall prohibit the use of simple calculators that are used
2 solely for arithmetic operations to sum manually counted
3 tallies.
4
5(b)   Any    election       official     or     county    clerk   who
6 knowingly violates this article or rules adopted under this
7 article shall be a misdemeanor punishable by a fine of not
8 more than five thousand dollars ($5,000.00) per violation.
9 Nothing in this subsection shall prohibit prosecution for
10 any violation of chapter 26 of this title resulting from a
11 violation of this article.
12
13(c)   The attorney general or any county attorney may
14 enforce this section through civil or criminal proceedings.
15
16Section     3.    W.S.     22-1-102(a)(xi),      (xxii),    (xxxii),
17 (xxxiv)(B), (xlii), (xlix) and by creating new paragraphs
18 (lvii)   through        (lxx),    22-2-121(b)    and    (g),    22-3-113(a),
19 22-3-117(a)(i)  and       (ii),       22-5-202,  22-6-115,
20 22-6-119(a)(iii),  22-6-121(a),  22-6-122,        22-6-130,
21 22-8-108(b)      and    (c),     22-8-113,    22-8-115(a),      22-9-109(a),
22 22-9-121(c)(i),  22-12-103,      22-12-107(a)(x),  22-12-115,
23 22-13-103(b),  22-13-110,  22-14-102,  22-14-107,
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1 22-14-113(b),        22-14-114(a),  22-15-105(a),  22-15-109(b),
2 22-16-103(c)(iv),  22-16-109(a),  22-16-122(a)(intro)  and
3 (c),     22-21-109,        22-22-203(b),  22-22-302,  22-26-103,
4 22-26-105, 22-26-106(a) by creating a new paragraph (v),
5 22-26-112(a)        by     creating  a     new     paragraph  (xi),
6 22-26-113(a)(intro),  22-26-114,  22-26-119  and
7 22-29-114(e)(intro) are amended to read:
8
922-1-102.      Definitions.
10
11(a)   The definitions contained in this chapter apply
12 to words and phrases used in this Election Code and govern
13 the construction of those words and phrases unless they are
14 specifically modified by the context in which they appear.
15 As used in this Election Code:
16
17(xi)     "Counting center" or "hand counting center"
18 is     the   location  or    locations       designated  precinct
19 established     by       the     county      clerk       for     the     automatic
20 tabulating and manual counting and tallying of ballots;
21
22(xxii)      "Pollbook"        means     a     paper  book,    or
23 hardware,     software     or       any    combination  thereof    commonly
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1 referred to as an electronic pollbook, used in a polling
2 place on election day containing information specified by
3 law;
4
5(xxxii)     "Tally sheet" means the document used to
6 tabulate hand counted paper ballots official form used by
7 counting teams and tally judges to record vote totals for
8 each candidate and ballot measure and that are required to
9 be signed by all team members participating in the manual
10 count;
11
12(xxxiv)     "Voting device" means:
13
14(B)    A device for marking the ballots with
15 ink or another substance; or
16
17(xlii)      "Recount"      or   "manual    recount"       is   the
18 processing of ballots through the tabulation system for an
19 additional   time    or    times,     conducted    for     the    specific
20 purpose of counting votes again in any specific race, based
21 upon the criteria of W.S. 22-16-109 or 22-16-111 second or
22 subsequent count of ballots performed by hand to verify
23 results or resolve discrepancies as required by law;
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1
2(xlix)    "Vote   center"    means a     polling    place   at
3 which any registered elector in the political subdivision
4 holding the election may vote, regardless of the precinct
5 in   which    he   resides;,   connected    through    secure    internet
6 connections to provide voting information to and receive
7 voting information from the electronic pollbook maintained
8 by the county clerk and used as an option to traditional
9 polling places at the discretion of the county clerk;
10
11(lvii)    "Ballot reconciliation" means the process
12 of comparing the total number of ballots that are issued,
13 cast, spoiled, voted as provisional ballots and that are
14 unused ballots to verify that the totals match the number
15 of ballots originally received by a precinct or counting
16 center;
17
18(lviii)   "Chain of custody" means the continuous
19 documentation of the possession, transfer and storage of
20 ballots      and   related     election    materials     from    printing
21 through final archival storage;
22
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1(lix)     "Counting team" means a group of trained
2 election       workers    assigned     to   manually      count     ballots   in
3 public view;
4
5(lx)     "Early voting" means absentee voting before
6 election day where an elector requests a ballot in person
7 from the county clerk, completes the ballot on site and
8 returns the ballot to the clerk by hand;
9
10(lxi)     "Election judge" means a person appointed
11 and    sworn     under    Wyoming    law    to   oversee     and    manage    the
12 conduct     of    elections,        including     counting,        custody    and
13 reconciliation of ballots and certification of results;
14
15(lxii)    "Election worker" means a paid or unpaid
16 volunteer      assisting     with    duties      necessary    to    conduct   an
17 election, including ballot handling and manual counting of
18 ballots;
19
20(lxiii)    "Hand     counting"      or    "manual      counting"
21 means the process of reading and tallying votes on paper
22 ballots by human inspection;
23
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1(lxiv)     "Provisional ballot" means a ballot cast
2 by a voter whose eligibility to vote has not been verified;
3
4(lxv)     "Public observation" means members of the
5 public,    poll   watchers   and      representatives       of   political
6 parties authorized to be present and observe counting and
7 reconciliation      activities     without    interfering        with    the
8 conduct of the election;
9
10(lxvi)     "Reconciliation record" means the written
11 document that shows the verification of ballot totals at
12 each stage of the election process, including the total
13 number of ballots procured, issued, collected and counted;
14
15(lxvii)    "Tally     judge"    means    an   election       judge
16 responsible for verifying and recording vote totals from
17 counting    teams,     reconciling        independent       tallies       and
18 certifying precinct results for transmittal to the county
19 clerk;
20
21(lxviii)    "USCase.org        "Gold    Standard      Elections"
22 white paper guidelines" means the USCase.org "Gold Standard
23 Elections" white paper guidelines as revised on April 11,
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1 2025   or   thereafter   and published on  the   website    of   the
2 United States council on accurate and secure elections;
3
4(lxix)    "Voter     ballot      security,"      "voter    ballot
5 secrecy," "vote security" or "vote secrecy" means that the
6 ballot is kept secret for the period beginning the moment
7 the voter picks up a ballot through the moment the voter
8 puts the ballot in the ballot box. "Voter secrecy" shall
9 not include any requirement to keep a ballot secret after
10 the    ballot   is    deposited        in    the   ballot      box    or    any
11 requirement to protect the handwriting of the voter;
12
13(lxx)    "Voter     intent      standard"       means     criteria
14 established by rule of the secretary of state to use the
15 USCase.org "Gold Standard Elections" white paper guidelines
16 to determine a voter's intended choice on a ballot when
17 markings are unclear or incomplete and that is required to
18 be applied uniformly across all counties.
19
2022-2-121.     Chief    election      officer    to   prepare    forms;
21 rules; advice.
22
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1(b)     The     secretary   of     state       shall    promulgate  such
2 rules as are necessary to maintain uniform manual voting
3 and    vote    manual     counting      procedures       and    to    provide       for
4 orderly       voting.    The    secretary        of    state    shall     use      the
5 USCase.org "Gold Standard Elections" white paper guidelines
6 to adopt rules under this subsection.
7
8(g)     The   secretary     of     state       shall    adopt    rules       and
9 regulations that allow for the counting of ballots at a
10 central counting center. The rules shall specify procedures
11 for    delivering       ballots    to     the     central      counting        center
12 manual counting of ballots at a hand counting center. The
13 secretary of state shall use the USCase.org "Gold Standard
14 Elections" white paper guidelines to adopt rules under this
15 subsection.
16
1722-3-113.        Disposition of pollbooks after polls close.
18
19(a)     After     the    polls     are     closed,       judges        of   the
20 election       shall    make    confirm    that       the     printed    pollbooks
21 agree    and    shall     return   one     (1)    pollbook       to     the    county
22 clerk.
23
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122-3-117.     Absentee        registration       generally;     use     of
2 federal postcard.
3
4(a)   Notwithstanding any other section or provision in
5 this chapter, any citizen of the United States who is a
6 resident of Wyoming may apply for registration by providing
7 the information       required by W.S.  22-3-103(a), acceptable
8 identification,       proof     of    United       States    citizenship     and
9 proof of residence and by completing and subscribing the
10 form    of   voter        registration  oath   prescribed     by     W.S.
11 22-3-103(b)        before     any     person       authorized    by   law     to
12 administer oaths. Each county clerk shall furnish the voter
13 registration       oath     forms.        The    applicant    shall   mail     or
14 return the completed voter registration oath form to the
15 county clerk in the county in which the applicant resides.
16 In order to vote in the next election, the application must
17 be received in the county clerk's office before the close
18 of registration for that election, or:
19
20(i)    Be received by mail or email and processed
21 by the county clerk during the closed period described in
22 W.S. 22-3-102(a) if it is accompanied by an absentee ballot
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1 request for elections where a voter may register at the
2 polls; or
3
4(ii)   Be made at the county clerk's office during
5 the    closed    period      described    in     W.S.   22-3-102(a)     if   the
6 voter simultaneously votes at the county clerk's office; or
7
822-5-202.      Major      political  party      participation;
9 separate ballots; same time.
10
11 Major political parties shall participate in the primary
12 election and each shall have a separate party ballot. The
13 primary election of major political parties shall be held
14 at the same time and at the same polling places and shall
15 be conducted by the same election officials. The results of
16 the     primary       election    shall        be    counted     manually     in
17 accordance with the procedures specified in this Election
18 Code.
19
2022-6-115.      Specifications for paper ballots.
21
22 Official paper ballots shall be uniform in size, printed in
23 black    ink    on    good   quality     paper      through    which   printing
                                    26  SF0108
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1 cannot be read. Ballots shall be white, except as otherwise
2 provided. On a voting machine each column or row containing
3 the titles of offices and candidates for office shall be
4 arranged shall be formatted to indicate clearly the office
5 for which a candidate is running and shall be suitable for
6 manual counting in accordance with W.S. 22-6-201.
7
822-6-119.       Format of primary ballot.
9
10(a)     The primary ballot of each major political party
11 shall     be    printed    in   substantial    compliance   with   this
12 format:
13
14(iii)   On the second line shall be printed the
15 following instructions: "To vote for a person whose name is
16 printed on the ballot, mark the square immediately adjacent
17 to the name of the person for whom you desire to vote. To
18 vote for a person whose name is not printed on the ballot,
19 write the person's name in the blank space provided for
20 that purpose and mark the square immediately adjacent to
21 the name of the person. Ballots will be manually counted.";
22
                                   27  SF0108
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122-6-121.      Political party ballot position on general
2 election ballot; order of candidates' names.
3
4(a)    Political party position shall be determined on
5 the    general     election    ballot    according     to   the    number    of
6 votes    received by     each    party    within   the      county    for   the
7 office of representative in congress at the last preceding
8 general election.  The party receiving the highest number
9 of    votes   shall   appear    first    following the        names    of   the
10 offices to be voted for and other parties shall follow in
11 the order of their respective numbers of such votes.  The
12 order    of   any   provisional       parties   will   be     drawn   by    the
13 secretary     of    state.      Any     independent     candidates      shall
14 appear    following the last party and  shall      be   listed in
15 alphabetical order, subject to rotation.  When more than
16 one (1) candidate is to be elected to a particular office,
17 the names of candidates shall be printed in alphabetical
18 order, subject to rotation, on all ballots. for electronic
19 and machine voting systems as defined by W.S. 22-1-102.
20
2122-6-122.      Rotation of candidates' names.
22
                                   28  SF0108
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1 The names of candidates for each office shall be rotated on
2 all ballots by precinct for all elections. In each county
3 the name of each candidate shall appear substantially an
4 equal number of times at the top, at the bottom, and in
5 each intermediate place. In a voting machine polling place,
6 If candidates for the same office occupy more than one (1)
7 line   on    the voting        machine      ballot,       the   number     of names
8 appearing  on   each    line    shall       be     as    nearly    equal   as
9 possible.
10
1122-6-130.       Post-election  ballot        audit;       ballot
12 reconciliation.
13
14(a)    Each county clerk shall complete an audit of the
15 county's     unofficial        election       results      by    identifying      and
16 reviewing the smallest observable percentage not less than
17 ten percent (10%) of the cast ballots in each contest in
18 the county between the statewide candidates who received
19 the most votes and the statewide candidates who received
20 the    second      highest     votes.       for    each    contest       within   the
21 county      not    later      than    the    first      Thursday     following      a
22 primary, special or general election. Additional contests
23 may be added to the audit at the discretion of the county
                                        29  SF0108
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1 clerk.    Using       a    formula      developed     by     the     University     of
2 Wyoming,       each        county       clerk     shall     use      the     smallest
3 observable  percentage  to      determine     a      statistically
4 significant sample size of the ballots to be audited under
5 this   section.  To   ensure    the     timely     completion       of   this
6 procedure      under       this     subsection,      the     number     of   ballots
7 audited shall not exceed five percent (5%) of the total
8 number of ballots cast.
9
10(b)     Each county clerk shall conduct an audit of the
11 election using the statistically significant ballot sample
12 size     and    the        corresponding  ballots     for     the     contests
13 selected for audit determined under subsection (a) of this
14 section. Each county clerk shall provide the audit results
15 to the secretary of state not later than one (1) day before
16 the meeting of the state canvassing board as provided in
17 W.S. 22-16-118 ensure that the total number of ballots is
18 reconciled       at        each     stage       of   the     election        process.
19 Reconciliation includes determining:
20
21(i)     The starting number of ballots procured or
22 printed in preparation for an election;
23
                                          30  SF0108
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1(ii)     The starting number of  ballots      issued    to
2 each polling location;
3
4(iii)    The   total    number       of   ballots       printed    on
5 demand,    including    any   ballot  produced   by     an    accessible
6 voting device permitted under federal law to comply with
7 the Help America Vote Act of 2002, P.L. 107-252;
8
9(iv)     The number of ballots distributed by mail
10 or     in-person,    categorized        by    whether    the        ballot    was
11 distributed for absentee voting, early voting or in-person
12 voting on the day of the election;
13
14(v)     The number of ballots cast by any method;
15
16(vi)     The number of spoiled ballots;
17
18(vii)    The   number       of    ballots   remaining       at    the
19 close of polls that were not issued or case; and
20
21(viii)     The number of provisional ballots.
22
                                    31  SF0108
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1(c)    The total number of ballots accounted for under
2 subsection     (b)     of    this    section      shall    equal      the   initial
3 total of blank ballots provided, plus any ballot printed on
4 demand as provided by paragraph (b)(iii) of this section.
5 Reconciliation shall be conducted by hand and documented,
6 ensuring no discrepancies exist before proceeding to the
7 audit under subsection (a) of this section.
8
9(d)    If     there     is        discrepancy      in    counting        under
10 subsection (a) of this section or in reconciliation under
11 subsections (b) and (c) of this section, the secretary of
12 state shall be immediately notified and an investigation
13 shall    be    initiated       by    the      county     canvassing      board       to
14 identify the cause of the discrepancy. If the reason for
15 the discrepancy cannot be determined beyond a reasonable
16 doubt    the       county     canvassing  board    shall       declare    any
17 affected part of the election results to be null and void
18 and the provisions of W.S. 22-16-122 shall apply to the
19 election.
20
21(e)    For    purposes       of    this   section,       the   audit     under
22 subsection (a) of this section shall include recording and
23 verifying      the    votes    cast       for    each    race   appearing       on    a
                                          32  SF0108
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1 ballot.      Reconciliation        under      subsections  (b)     and       (c)   of
2 this    section     means       reconciling       and        confirming       the    total
3 number of ballots issued compared to the number of ballots
4 that were not issued, the number of ballots that were cast,
5 the number of ballots that were spoiled and the number of
6 provisional ballots.
7
8(f)    Each county clerk shall provide the audit results
9 under    subsection       (a)     of   this       section       and    the    full        and
10 completed reconciliation of ballot totals under subsections
11 (b) and (c) of this section to the secretary of state not
12 later than three (3) days before the meeting of the state
13 canvassing        board    as    provided  in    W.S.     22-16-118.  Audit
14 results and reconciliation reports filed with the secretary
15 of   state     under      this    subsection  shall    be     made     publicly
16 available on the website of the secretary of state.
17
1822-8-108.       Appointment,  composition  and     authority  of
19 counting boards; when judges to count.
20
21(b)    A   counting       board      shall       be    appointed       for     each
22 designated        counting       center      in        each    county.        using       an
23 electronic voting system. The board shall consist of at
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1 least seven (7) members who shall be the county clerk or
2 his designated deputy, and three (3) members of each major
3 political      party    appointed     by    the     county    clerk   central
4 committee       of   each   party.        Additional     members      may   be
5 appointed by the county clerk central committee of each
6 party if deemed necessary by the county clerk but equal
7 major party membership shall be assured.  No more than one
8 (1) person under the age of eighteen (18) may be appointed
9 as to each counting board. All ballots shall be counted
10 manually by the counting board.
11
12(c)     The   counting    board     in   a   paper    ballot   polling
13 place    has    no authority     to      act until polls are declared
14 closed as provided in W.S. 22-13-117, except as provided in
15 W.S. 22-9-125(d). A counting board in an electronic voting
16 system    counting      center    may     commence     preparing      absentee
17 ballots for counting at any time on election day, or before
18 election day as provided in W.S. 22-9-125(d) 22-6-206(b).
19
2022-8-113.      Training schools; generally and payment for
21 attending.
22
                                     34  SF0108
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1 Not later than four (4) days before the primary and general
2 election,      the    county      clerk      under    the      direction     of   the
3 secretary      of    state   shall      conduct       a   training      school    for
4 judges    of    election       and     members       of   counting      boards    to
5 provide    instruction       in      the    performance        of    their   duties.
6 The    training school, which is also  open      to the public,
7 shall be held at the times and places announced by the
8 county clerk, and the secretary of state shall prescribe
9 the minimum curriculum for the school including manual hand
10 counting       procedures  as       provided       in     W.S.    22-6-207.
11 Additional schools may be held at the discretion of the
12 county clerk.  Unless training is otherwise provided to the
13 satisfaction of the county clerk, All judges of election
14 and members of counting boards are obligated to attend at
15 least one (1) such school.  All judges and members of the
16 counting board, unless the judge or member is volunteering,
17 shall    be    paid    not     less    than     ten       dollars      ($10.00)   as
18 determined      by     the     board       of   county  commissioners      for
19 attending a school.
20
2122-8-115.      Oath for election officials.
22
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1(a)   An election official shall subscribe to this oath
2 in     writing   before   entering     upon   his    duties    at   each
3 election:
4
5 "I do solemnly swear (or affirm) that I will impartially
6 and to the best of my knowledge and ability perform the
7 election duties of my office or role. I will studiously
8 endeavor to prevent all frauds, deceit and abuse in the
9 application of the election laws of this state."
10
1122-9-109.   Form of absentee ballot.
12
13(a)   The absentee ballot shall be in the same form
14 prescribed by law for the official ballot. or a reasonable
15 printed reproduction of the prescribed form for electronic
16 ballots.
17
1822-9-121.   Examination    of   absentee     ballot    affidavit;
19 rejection; voting ballots.
20
21(c)   If it is sufficient:
22
                                  36  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1(i)     In a paper ballot each precinct, the name of
2 the absent elector shall be entered in the pollbook, the
3 inner    ballot      envelope       shall     be   opened     by     a    judge    of
4 election      and    the    ballots      therein     shall    be   removed.        The
5 ballot shall then be placed in the regular ballot box by a
6 judge of election and manually counted in the same manner
7 as other ballots;
8
922-12-103.       Furnishing of booths.
10
11 The    county       clerk    in    all    elections     shall      furnish     each
12 polling      place    with       sufficient    booths,       paper       ballots   or
13 voting       machines      and    supplies    to     permit    convenient  and
14 secret marking of ballots.
15
1622-12-107.       Materials for judges.
17
18(a)     Before election day the county clerk shall cause
19 to be delivered to one (1) of the judges of election in
20 each polling place the following materials:
21
22(x)     Materials  necessary     for      hand       counting
23 ballots and other necessary supplies.
                                          37  SF0108
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1
222-12-115.     Examination of ballot box.
3
4 Not earlier than twenty-four (24) hours before the polls
5 are open, the judges of election shall open and examine the
6 ballot box to determine that it is empty and relock it with
7 a tamper resistant device before the polls are open. The
8 ballot box shall not again be opened until the polls are
9 closed.,     except    when    necessitated       by    operation       of   the
10 voting equipment at the direction of the county clerk and
11 only in the presence of two (2) or more election judges
12 with different political party affiliations.  It shall not
13 be removed from the presence of the judges of election or
14 counting board until all ballots are counted and recorded
15 as required by law and in the presence of two (2) or more
16 election judges with different political party affiliation.
17
1822-13-103.     Preservation of order; privacy of voting
19 booths.
20
21(b)   To    protect    the   privacy      of    the    voter,    voting
22 booths    and     voting   machines      shall   be    kept     clear   of   all
                                     38  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1 persons       except     voters       marking     ballots       and     election
2 officials discharging their duties.
3
422-13-110.       Entering write-in votes.
5
6 Write-in votes may be entered on a voting machine on the
7 ballot in the manner indicated by instructions posted on
8 the     voting   booth        or   indicated     on   the     voting     machine
9 provided on the ballot.
10
1122-14-102.       Who    may    be   present    after    all     votes   are
12 cast    and    polls    close;       making   pollbooks       agree;    counting
13 votes.
14
15 After all the votes are cast and the polls are officially
16 declared      closed,     only       election    judges       and     authorized
17 observers as provided in W.S. 22-15-109 shall be permitted
18 in a polling place. When all ballots are cast, the machine
19 shall    be    locked    against       further    voting      and     sealed   as
20 prescribed by law. Except as otherwise provided by W.S.
21 22-14-114(b), election judges shall commence to count votes
22 and shall continue without adjournment until counting is
23 completed Election judges  shall ensure reconciliation  of
                                       39  SF0108
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1 all ballots as provided in W.S. 22-6-130(b) and (c) and
2 shall then secure all ballots within locked boxes secured
3 with    tamper       proof    devices    for    transfer       to   the   precinct
4 polling      center.    Hand     counting      of   ballots     shall     commence
5 immediately upon arrival at the counting center as provided
6 in W.S. 22-6-201 through 22-6-210.
7
822-14-107.       Tabulation of count.
9
10 The unofficial tabulation indicating the vote by precinct,
11 based     on     hand        count     results,       shall     immediately        be
12 transmitted by the county clerk to the secretary of state.
13 These    unofficial  tabulations      shall    be     tabulated      by   the
14 secretary      of     the     state.    The    secretary       of    state    shall
15 provide procedures for such transmittal through rule and
16 regulation.
17
1822-14-113.       Return of voting supplies.
19
20(b)     All    voting    supplies,      ballot       boxes,    and    voting
21 machines       hand     counting        materials       and      hand     tallying
22 materials shall be returned to the county clerk as soon as
23 possible after the vote has been returned.
                                        40  SF0108
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1
222-14-114.        Counting of ballots.
3
4(a)    For ballots designed to be counted by machine,
5 each    individual       vote      shall    be    determined      by    the   voting
6 equipment and shall not be determined subjectively by human
7 tabulation        except      when    the        intent    of     the    voter      is
8 unmistakable but the ballot was received in such damaged,
9 soiled,      or   other      condition      that    it    is    rejected      by   the
10 machine.  The   secretary      of    state       may    promulgate     rules
11 establishing        standards        for    counting       such    ballots.        For
12 ballots not designed to be counted by machine, Only votes
13 clearly marked, as provided by W.S. 22-14-104 and rules
14 promulgated pursuant to this code, shall be tallied. For
15 write-in votes, names which are misspelled or abbreviated
16 or the use of nicknames of candidates shall be counted for
17 the candidate if the vote is obvious to the board counting
18 team.
19
2022-15-105.        Challenged person may vote; generally.
21
22(a)    If a person offering to vote is challenged, and
23 the    challenge        is   not    resolved       in    accordance     with       W.S.
                                       41  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1 22-15-106, an election judge shall offer the voter a ballot
2 clearly       marked       "provisional"  and  which     cannot      be
3 automatically tabulated shall be securely stored separately
4 from other ballots. Provisional ballots shall be counted
5 separately        from    other    ballots       after       the    voter    has   been
6 verified by election officials.
7
822-15-109.  Poll  watchers;  certification;
9 qualification; authority; removal.
10
11(b)    A    poll    watcher       shall    belong       to     the   political
12 party   he    represents  and    shall    be     a    registered      elector
13 residing in the county.  A poll watcher shall serve only at
14 the polling place designated on the certificate.  A poll
15 watcher      is    authorized       to    observe      voter        turn    out,   and
16 registration        and    hand     counting      procedures  and    may   make
17 written memoranda but shall not challenge voters, conduct
18 electioneering activities, interfere with ballot counting
19 or disrupt the polling process.
20
2122-16-103.  County canvass procedures.
22
23(c)    The county canvassing board shall:
                                          42  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1
2(iv)     Count and tabulate Hand count and tally the
3 votes on the provisional ballots which were determined to
4 have been cast by qualified electors;
5
622-16-109.     Recounts.
7
8(a)   The county canvassing board shall make a perform
9 a manual recount of precinct votes if it appears to the
10 board that a recount is required due to irregularities in
11 that precinct. The recount shall be conducted using the
12 hand counting procedures provided in W.S. 22-6-201 through
13 22-6-210.
14
1522-16-122.     Election declared null and void; special
16 election.
17
18(a)   If   a   canvassing       board   is   unable   to    determine
19 which    candidate      has   been       elected    or   nominated,       the
20 canvassing board shall declare any part of the election
21 results to be null and void as to that office and the
22 county   clerk      shall   call   a    special     election      to   make   a
23 decision. For purposes of this section, a canvassing board
                                    43  SF0108
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1 shall be unable to determine which candidate is nominated
2 or elected if there is a discrepancy reported under W.S.
3 22-6-130(d)        and   the    discrepancy     resulted   in   a     material
4 error in the election or if:
5
6(c)   If only certain precincts are allowed to vote in
7 the special election, the votes received in the special
8 election shall be hand counted and added to the unofficial
9 results not declared null and void for that office from the
10 initial      primary,       general       election   or    other  special
11 election.
12
1322-21-109.        Supplies; regulations; costs.
14
15 The county clerk may utilize voting machines or electronic
16 voting systems shall use paper ballots that are counted by
17 hand at any bond election and may prescribe the form of the
18 ballot,      the    duties      of   election     officials,        and    other
19 reasonable     regulations        pertaining    thereto.      The    political
20 subdivision holding the bond election shall pay the actual
21 costs of the election or an equitably proportioned share of
22 a concurrent election, as determined by the county clerk.
23
                                      44  SF0108
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122-22-203.      Determining       validity        of       application;
2 placement on ballot; procedure for multi-county districts.
3
4(b)    Each county clerk in each election involving a
5 school or community college district which crosses county
6 boundaries        shall     determine        whether     voting        machines,
7 electronic voting system, paper ballots, or a combination
8 thereof, shall be used to insure use paper ballots that are
9 counted by hand to ensure that each qualified elector votes
10 only   for      the   candidate   or    candidates       from      the    school
11 district and trustee residence area, if any, and from the
12 community       college   district     and    subdistrict,        if    any,   for
13 which he is entitled to vote.
14
1522-22-302.      Conduct of elections.
16
17 Unless       specifically     otherwise        provided,      a    school       or
18 community college district election shall be governed by
19 the      laws     regulating      statewide        elections  and     in
20 even-numbered years be conducted and canvassed by the same
21 election officials, using the same poll lists, using paper
22 ballots that are counted by hand and at the same times and
23 polling places, as county elections.
                                   45  SF0108
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1
222-26-103.   Unlawful opening of ballot box; tampering
3 with ballot counting materials.
4
5 Unlawful opening of a ballot box or tampering with ballot
6 counting    materials      consists        of     opening,       inspecting,
7 removing   or   altering    the    contents       of     a   ballot    box   or
8 inspecting or removing the contents thereof tampering with
9 hand    count   records     or     tally        sheets       without   lawful
10 authority, or conspiring with others so to open a ballot
11 box to violate the provisions of this section.
12
1322-26-105.   Unlawful possession of key.
14
15 Unlawful possession of a key consists of the possession at
16 any time of a key to a voting machine or ballot box, or
17 making a duplicate thereof, or tampering with a physical
18 lock on a box that is securing ballots, unless authorized
19 by law.
20
2122-26-106.   False voting.
22
                                   46  SF0108
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1(a)    False voting consists of performing any of the
2 following      acts    in   connection  with    or     related      to   the
3 election process or an election:
4
5(v)    Changing   voting  results  including        by
6 inserting unlawful ballots in a ballot box or by tampering
7 with   hand    count    records,    hand        count    tally     sheets,       vote
8 reconciliation forms or other official election logs.
9
1022-26-112.      Misdemeanor offenses generally.
11
12(a)    Unless    a   different  penalty      is        specifically
13 provided in this code, the following acts, if knowingly and
14 willfully committed, are misdemeanor offenses punishable by
15 not more than six (6) months in a county jail or a fine of
16 not more than one thousand dollars ($1,000.00), or both:
17
18(xi)    Interfering        with     the     hand     counting        of
19 ballots or with the reconciliation of ballots and tally
20 sheets.
21
2222-26-113.      Electioneering       too        close      to    a   polling
23 place.
                                     47  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1
2(a)   Electioneering too close to a polling place or
3 absentee polling place under W.S. 22-9-125 when voting is
4 being    conducted,    consists    of   any     form    of    campaigning,
5 including the display of campaign signs or distribution of
6 campaign literature, the soliciting of signatures to any
7 petition or the canvassing or polling of voters, except
8 exit polling by news media, within one hundred (100) yards
9 on the day of a primary, general or special election and
10 within one hundred (100) feet on all other days, of any
11 public entrance to the building in which the polling place
12 is located. This section shall not apply to bumper stickers
13 affixed to a vehicle while parked within or passing through
14 the distance specified in this subsection, provided that:
15
1622-26-114.     Disturbing polling place.
17
18 Disturbing     a    polling   place     consists       of    creating    any
19 disorder or disruption at a polling place on election day,
20 or     absentee     polling   place     under    W.S.        22-9-125,    or
21 interfering with the orderly conduct of an election.
22
2322-26-119.     Violation of Election Code by officials.
                                   48  SF0108
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1
2 Violation of the Election Code by an official consists of
3 the willful violation of the Election Code by any official
4 or   by any deputy or  assistant official,  or the willful
5 failure or refusal of any official or assistant to perform
6 an   act     or    duty       required    of        him    by    the    Election     Code,
7 including the failure to track ballot totals at any time
8 starting      at       the    beginning       of     the    election,        failure     to
9 ensure     compliance  with     hand    count       procedures,  tampering
10 with hand count tally sheets or neglecting any duty for
11 hand counting as prescribed by law. Any official, deputy or
12 assistant who commits a violation of the Election Code is
13 guilty       of    a    felony     and,        in    addition  to   the    penalty
14 prescribed by W.S. 22-26-101, is subject to removal from
15 office in a proceeding instituted for that purpose.
16
1722-29-114.  Election    procedures  for    elections     other
18 than mail ballot elections; canvass, recount and contests.
19
20(e)    Any special district election conducted by  the
21 county clerk shall be canvassed by the county canvassing
22 board or a canvassing board appointed by the county clerk,
23 consisting of two (2) electors and the county clerk. If
                                          49  SF0108
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1 more than one (1) county is involved, the election shall be
2 canvassed      in   accordance  with      chapter  16    of       the   Wyoming
3 Election Code of 1973, as amended, by a canvassing board
4 drawn     from      the       membership        of    the        appropriate  county
5 canvassing       boards        appointed        by        the    appropriate  county
6 commissioners.  The commissioners shall notify the county
7 clerks of the canvassing board appointments. Any special
8 district election not conducted by a county clerk shall be
9 canvassed      by    a    special       district  canvassing  board.     The
10 special    district  canvassing        board      shall       consist        of   the
11 district secretary and two (2) electors appointed by the
12 district       board.  Any     canvass        shall        be      conducted  in
13 accordance with chapter 16 of the Wyoming Election Code of
14 1973, as amended. The canvass shall be conducted within
15 seven (7) business days of the election and shall include a
16 manual     review        of    all    hand       counted  ballots  to     ensure
17 accuracy. The canvassing board shall have the authority to
18 call     for   a    special  election        in     accordance  with      W.S.
19 22-16-122      if    any       discrepancies  in        the    hand      count     are
20 identified       and      cannot      be    resolved  beyond      a    reasonable
21 doubt. The canvassing board shall:
22
                                            50  SF0108
 2026  STATE OF WYOMING  26LSO-0478
1Section       4.    W.S.     22-1-102(a)(i),  (iii),    (xiv),
2 (xxxiv)(C),  (xliii)  and        (liv),        22-3-113(b),
3 22-3-117(a)(iii),  22-6-113,  22-8-107,     22-9-121(c)(ii),
4 22-9-125,  22-10-101       through  22-10-111,      22-11-101.1,
5 22-11-102    through        22-11-109,  22-12-107(a)(v),     22-12-110,
6 22-12-112  through        22-12-114,        22-13-109,       22-13-112,
7 22-14-105,  22-14-110,  22-14-111(a)(i),  22-14-113(a),
8 22-26-101(a)(iii) and (xi) and 22-26-104 are repealed.
9
10Section 5.  This act shall apply to all elections in
11 Wyoming after January 1, 2026.
12
13Section     6.     This    act    is    effective     immediately   upon
14 completion of all acts necessary for a bill to become law
15 as     provided    by     Article       4,     Section   8   of   the   Wyoming
16 Constitution.
17
18(END)
                                         51  SF0108