Wyoming 2025 Regular Session

Wyoming House Bill HB0232 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025
2	2		STATE OF WYOMING
3		-	25LSO-0408
4		-	ENGROSSED
5		-	1HB0232
	3	+	25LSO-04081HB0232
6	4		HOUSE BILL NO. HB0232
7	5		Elections-hand counting for recounts.
8	6		Sponsored by: Representative(s) Haroldson, Allemand, Banks,
9	7		Bear, Brady, Erickson, Knapp, Locke, McCann,
10	8		Schmid, Strock, Webb and Williams and
11	9		Senator(s) Boner, Hutchings, Kolb, Pearson
12	10		and Smith, D
13	11		A BILL
14	12		for
15	13		1 AN ACT relating to elections; providing a process for
16	14		2 certain recounts to be conducted by hand counting the
17	15		3 votes; authorizing the secretary of state and county clerks
18	16		4 to require recounts as specified; providing for hand counts
19	17		5 to be requested by candidates as specified; specifying the
20	18		6 costs of recounts; revising dates of the primary election
21	19		7 and the county and state canvass to allow time for hand
22	20		8 counting as specified; clarifying when a counting board is
23	21		9 required to be appointed; requiring rulemaking; creating an
24	22		10 account; making conforming amendments; providing an
25	23		11 appropriation; and providing for an effective date.
26	24		12
27	25		13
28		-	14 2025STATE OF WYOMING25LSO-0408
29		-	ENGROSSED
30		-	2HB02321W.S. 22-1-102(a)(xlii), 22-2-104(b) and
	26	+	14 2025STATE OF WYOMING25LSO-04082HB02321W.S. 22-1-102(a)(xlii), 22-2-104(b) and
31	27		2 (d), 22-8-102, 22-8-108(a), (c), (d) and by creating a new
32	28		3 subsection (e), 22-14-114(a), 22-16-103(c)(i), 22-16-109(a)
33	29		4 through (c) and by creating new subsections (d) through
34	30		5 (g), 22-16-110(a)(intro), 22-16-111(a)(intro), (i), (ii)
35	31		6 and (b), 22-16-113(a)(i), (ii), (b) and (c), 22-16-118 and
36	32		7 22-21-103 are amended to read:
37	33		8
38	34		9
39	35		10
40	36		11 (a) The definitions contained in this chapter apply
41	37		12 to words and phrases used in this Election Code and govern
42	38		13 the construction of those words and phrases unless they are
43	39		14 specifically modified by the context in which they appear.
44	40		15 As used in this Election Code:
45	41		16
46	42		17 (xlii) "Recount" is the
47	43		18 processing of ballots through the tabulation
48	44		19 system for an additional time or times, conducted for the
49	45		20 specific purpose of counting votes again in any specific
50	46		21 race, based upon the criteria of W.S. 22-16-109
51	47		22through 22-16-113;
52		-	23 2025STATE OF WYOMING25LSO-0408
53		-	ENGROSSED
54		-	3HB02321
	48	+	23 2025STATE OF WYOMING25LSO-04083HB02321
55	49		2
56	50		3 (b) A primary election shall be held at the regular
57	51		4 polling places for each precinct on the first Tuesday after
58	52		5 the Monday in August in general election years
59	53		6 for the nomination of candidates for partisan and
60	54		7 nonpartisan offices to be filled at the succeeding general
61	55		8 election and for the election of major party precinct
62	56		9 committeemen and committeewomen.
63	57		10
64	58		11 (d) Every bond election shall be held on the same day
65	59		12 as a primary election or a general election, or on the
66	60		13 first Tuesday after the first Monday in May or November, or
67	61		14 on the first Tuesday after the
68	62		15 August.
69	63		16
70	64		17
71	65		18
72	66		19 Except as otherwise provided by this section, judges of
73	67		20 election and members of counting boards shall be registered
74	68		21 electors and shall be physically, morally and mentally
75	69		22 competent to perform their duties. The county clerk may
76		-	23 appoint persons who are at least sixteen (16) years of age 2025STATE OF WYOMING25LSO-0408
77		-	ENGROSSED
78		-	4HB0232
	70	+	23 appoint persons who are at least sixteen (16) years of age 2025STATE OF WYOMING25LSO-04084HB0232
79	71		1 to serve as judges of election or members of counting
80	72		2 boards if such persons meet all other requirements for
81	73		3 qualification of an elector. A judge of election shall not
82	74		4 be a member of a counting board at the same election except
83	75		5 as provided by W.S. 22-8-108(d) and (e).
84	76		6
85	77		7
86	78		8
87	79		9
88	80		10 (a) Unless ballots are tabulated by electronic voting
89	81		11he county clerk shall appoint a counting board
90	82		12 for each
91	83		13 hundred (300) votes at the last general election, and may
92	84		14 appoint a counting board in such a polling place in which
93	85		15 one hundred fifty (150) or more such votes were cast at
94	86		16 such election. A counting board shall have three (3)
95	87		17 members or more to facilitate the counting of votes. No
96	88		18 more than one (1) person under the age of eighteen (18) may
97	89		19 be appointed as to each counting board.
98	90		20
99	91		21 (c) The counting board
100	92		22 has no
101		-	23 authority to act until polls are declared closed as 2025STATE OF WYOMING25LSO-0408
102		-	ENGROSSED
103		-	5HB0232
	93	+	23 authority to act until polls are declared closed as 2025STATE OF WYOMING25LSO-04085HB0232
104	94		1 provided in W.S. 22-13-117, except as provided in W.S.
105	95		2 22-9-125(d). A counting board in an electronic voting
106	96		3 system counting center may commence preparing absentee
107	97		4 ballots for counting at any time on election day, or before
108	98		5 election day as provided in W.S. 22-9-125(d).
109	99		6
110	100		7 (d) For a polling place where a counting board need
111	101		8 not be appointed
112	102		9 judges of election shall count the votes.
113	103		10
114	104		11
115	105		12
116	106		13
117	107		14
118	108		15
119	109		16
120	110		17
121	111		18
122	112		19
123	113		20
124	114		21
125	115		22 (a) The following shall apply to the counting of
126		-	23 2025STATE OF WYOMING25LSO-0408
127		-	ENGROSSED
128		-	6HB02321
	116	+	23 2025STATE OF WYOMING25LSO-04086HB02321
129	117		2 For ballots designed to be counted by
130	118		3 machine, each individual vote shall be determined by the
131	119		4 voting equipment and shall not be determined subjectively
132	120		5 by human tabulation except as provided below:
133	121		6
134	122		7hen the intent of the voter is
135	123		8 unmistakable but the ballot was received in such damaged,
136	124		9 soiled, or other condition that it is rejected by the
137	125		10 machine. The secretary of state may promulgate rules
138	126		11 establishing standards for counting such ballots;.
139	127		12
140	128		13
141	129		14
142	130		15
143	131		16
144	132		17
145	133		18
146	134		19
147	135		20
148	136		21
149		-	22 machine, only votes clearly marked, as provided by W.S. 2025STATE OF WYOMING25LSO-0408
150		-	ENGROSSED
151		-	7HB0232
	137	+	22 machine, only votes clearly marked, as provided by W.S. 2025STATE OF WYOMING25LSO-04087HB0232
152	138		1 22-14-104 and rules promulgated pursuant to this code,
153	139		2 shall be tallied;.
154	140		3
155	141		4
156	142		5 misspelled or abbreviated or the use of nicknames of
157	143		6 candidates shall be counted for the candidate if the vote
158	144		7 is obvious to the board.
159	145		8
160	146		9
161	147		10
162	148		11 (c) The county canvassing board shall:
163	149		12
164	150		13 (i) Meet as soon as all returns have been
165	151		14 received and abstracted, but if any provisional ballots
166	152		15 have been cast in the county, not before the time has
167	153		16 passed for provisional voters to document their eligibility
168	154		17 to register or to vote. The board shall meet at a time and
169	155		18 place designated by the county clerk, but no later than the
170	156		19second Friday following the election;
171	157		20
172	158		21
173		-	22 2025STATE OF WYOMING25LSO-0408
174		-	ENGROSSED
175		-	8HB02321 (a) The county canvassing board shall make a recount
	159	+	22 2025STATE OF WYOMING25LSO-04088HB02321 (a) The county canvassing board shall make a recount
176	160		2 of precinct votes if it appears to the board that a recount
177	161		3 is required due to irregularities in that precinct.
178	162		4
179	163		5
180	164		6
181	165		7
182	166		8 (b) here shall be a
183	167		9 recount made of all the votes:
184	168		10
185	169		11ast for any
186	170		12 office in which the difference in number of
187	171		13 votes cast for the winning candidate receiving the least
188	172		14 number of votes and the number of votes cast for the losing
189	173		15 candidate receiving the greatest number of votes is less
190	174		16 than of the number of
191	175		17 votes cast for the winning candidate receiving the least
192	176		18 number of votes cast for that office . This
193	177		19 recount shall be made in the entire district in which the
194	178		20 candidates are standing for election .
195	179		21
196		-	22 2025STATE OF WYOMING25LSO-0408
197		-	ENGROSSED
198		-	9HB0232
	180	+	22 2025STATE OF WYOMING25LSO-04089HB0232
199	181		1
200	182		2
201	183		3
202	184		4
203	185		5
204	186		6
205	187		7
206	188		8
207	189		9
208	190		10
209	191		11
210	192		12
211	193		13
212	194		14
213	195		15
214	196		16
215	197		17
216	198		18
217	199		19
218	200		20
219	201		21
220	202		22
221		-	23 2025STATE OF WYOMING25LSO-0408
222		-	ENGROSSED
223		-	10HB0232
	203	+	23 2025STATE OF WYOMING25LSO-040810HB0232
224	204		1
225	205		2
226	206		3
227	207		4
228	208		5 (c) There shall be a recount made of all the votes
229	209		6 cast for any office if a losing candidate requests one
230	210		7 under provision of W.S. 22-16-110. This recount shall be
231	211		8 made in the entire district in which the candidate is
232	212		9 standing for election.
233	213		10
234	214		11
235	215		12
236	216		13
237	217		14
238	218		15
239	219		16
240	220		17
241	221		18
242	222		19
243	223		20
244	224		21
245	225		22
246		-	23 2025STATE OF WYOMING25LSO-0408
247		-	ENGROSSED
248		-	11HB0232
	226	+	23 2025STATE OF WYOMING25LSO-040811HB0232
249	227		1
250	228		2
251	229		3
252	230		4
253	231		5
254	232		6
255	233		7
256	234		8
257	235		9
258	236		10
259	237		11
260	238		12
261	239		13
262	240		14
263	241		15
264	242		16
265	243		17
266	244		18
267	245		19
268	246		20 (a) A candidate may obtain a recount of votes for the
269	247		21 office he is seeking by making and filing an affidavit
270	248		22 alleging that fraud or error occurred in counting,
271		-	23 returning or canvassing the votes cast in any part of the 2025STATE OF WYOMING25LSO-0408
272		-	ENGROSSED
273		-	12HB0232
	249	+	23 returning or canvassing the votes cast in any part of the 2025STATE OF WYOMING25LSO-040812HB0232
274	250		1 district in which he is standing for election.
275	251		2
276	252		3
277	253		4
278	254		5 the same office the candidate filed his application for
279	255		6 nomination:
280	256		7
281	257		8
282	258		9
283	259		10 (a) A recount of votes of a ballot proposition may be
284	260		11 obtained in one (1) of the following manners :
285	261		12
286	262		13 (i) A recount will be made:
287	263		14
288	264		15f the
289	265		16 proposition receives a number of votes, greater or
290	266		17 lesser, within one percent (1%) of the number of votes
291	267		18 required for passage. The one percent (1%) variance shall
292	268		19 be calculated based upon the total number of votes cast on
293	269		20 the proposition, except for constitutional amendments in
294	270		21 which case the variance shall be calculated based upon the
295	271		22 total number of votes cast in the election. This recount
296		-	23; 2025STATE OF WYOMING25LSO-0408
297		-	ENGROSSED
298		-	13HB0232
	272	+	23; 2025STATE OF WYOMING25LSO-040813HB0232
299	273		1
300	274		2
301	275		3
302	276		4
303	277		5
304	278		6
305	279		7
306		-	8 (ii) A recount will be made if requested in an
307		-	9 affidavit signed by twenty-five (25) electors registered in
308		-	10 a district voting on the question. The affidavit shall be
309		-	11 filed with the county clerk not later than two (2) days
310		-	12 after the county canvass has been completed for
311		-	13 propositions voted on in one (1) county, and with the
312		-	14 secretary of state not later than two (2) days after the
313		-	15 state canvass has been completed for propositions voted on
314		-	16 in more than one (1) county. The affidavit shall be
315		-	17 accompanied by a deposit
316		-	18
317		-	19
318		-	20.
319		-	21
320		-	22 (b) The county in which the recount is taken shall
321		-	23 pay the costs of the recount if the recount is required by 2025STATE OF WYOMING25LSO-0408
322		-	ENGROSSED
323		-	14HB0232
324		-	1 (a)(i) of this section; and the
325		-	2 signers of the affidavit referred to in
326		-	3 (a)(ii) of this section shall be jointly and
327		-	4 severally liable for the costs of the recount requested by
328		-	5 them
329		-	6 recounted if the results of the election are not changed by
330		-	7 the recount.
331	280		8
332	281		9
333	282		10
334		-	11 (a) An affidavit requesting a recount must be
335		-	12 accompanied by the following deposit:
	283	+	11
	284	+	12
	285	+	13 (ii) A recount will be made if requested in an
	286	+	14 affidavit signed by twenty-five (25) electors registered in
	287	+	15 a district voting on the question. The affidavit shall be
	288	+	16 filed with the county clerk not later than two (2) days
	289	+	17 after the county canvass has been completed for
	290	+	18 propositions voted on in one (1) county, and with the
	291	+	19 secretary of state not later than two (2) days after the
	292	+	20 state canvass has been completed for propositions voted on
	293	+	21 in more than one (1) county. The affidavit shall be
	294	+	22 accompanied by a deposit
	295	+	23 2025STATE OF WYOMING25LSO-040814HB0232
	296	+	1
	297	+	2.
	298	+	3
	299	+	4 (b) The county in which the recount is taken shall
	300	+	5 pay the costs of the recount if the recount is required by
	301	+	6 (a)(i) of this section; and the
	302	+	7 signers of the affidavit referred to in
	303	+	8 (a)(ii) of this section shall be jointly and
	304	+	9 severally liable for the costs of the recount requested by
	305	+	10 them
	306	+	11 recounted if the results of the election are not changed by
	307	+	12 the recount.
336	308		13
337		-	14 (i) If the
	309	+	14
	310	+	15
	311	+	16 (a) An affidavit requesting a recount must be
	312	+	17 accompanied by the following deposit:
	313	+	18
	314	+	19 (i) If the
	315	+	20
	316	+	21
	317	+	22
	318	+	23 2025STATE OF WYOMING25LSO-040815HB0232
	319	+	1
	320	+	2;
	321	+	3
	322	+	4 (ii) If the
	323	+	5
	324	+	6
	325	+	7
	326	+	8
	327	+	9.
	328	+	10
	329	+	11 (b) If the recount shows sufficient error to change
	330	+	12 the result of the election, the county in which the recount
	331	+	13 is taken shall pay expenses of the recount and the deposit
	332	+	14 shall be returned. Otherwise the applicant or applicants
	333	+	15 seeking the recount shall be liable for the actual cost of
	334	+	16 conducting the recount up to a maximum of the amount
	335	+	17 deposited under subsection (a) of this section, per county
	336	+	18 recounted. Every county clerk shall issue a complete
	337	+	19 accounting of all costs of the recount to the candidate
	338	+	20 requesting the recount, and shall refund any surplus to the
	339	+	21 candidate.
	340	+	22
	341	+	23 2025STATE OF WYOMING25LSO-040816HB0232
	342	+	1
	343	+	2
	344	+	3
	345	+	4
	346	+	5
	347	+	6
	348	+	7
	349	+	8
	350	+	9
	351	+	10 (c) If the recount is initiated by the
	352	+	11 county canvassing board or required by W.S. 22-16-109(b),
	353	+	12 the cost of the recount shall be paid by the county in
	354	+	13 which the recount is taken regardless of the result of the
	355	+	14 recount.
338	356		15
339	357		16
340	358		17
341	359		18
342	360		19
343		-	20;
344		-	21
345		-	22 (ii) If the
346		-	23 2025STATE OF WYOMING25LSO-0408
347		-	ENGROSSED
348		-	15HB0232
349		-	1
350		-	2
351		-	3
352		-	4.
353		-	5
354		-	6 (b) If the recount shows sufficient error to change
355		-	7 the result of the election, the county in which the recount
356		-	8 is taken shall pay expenses of the recount and the deposit
357		-	9 shall be returned. Otherwise the applicant or applicants
358		-	10 seeking the recount shall be liable for the actual cost of
359		-	11 conducting the recount up to a maximum of the amount
360		-	12 deposited under subsection (a) of this section, per county
361		-	13 recounted. Every county clerk shall issue a complete
362		-	14 accounting of all costs of the recount to the candidate
363		-	15 requesting the recount, and shall refund any surplus to the
364		-	16 candidate.
365		-	17
366		-	18
367		-	19
368	361		20
369		-	21
	362	+	21 The state canvassing board shall meet no later than the
370	363		22
371		-	23 2025STATE OF WYOMING25LSO-0408
372		-	ENGROSSED
373		-	16HB0232
374		-	1
375		-	2
376		-	3
377		-	4
378		-	5
379		-	6 (c) If the recount is initiated by the
380		-	7 county canvassing board
	364	+	23 secretary of state shall send a messenger to obtain 2025STATE OF WYOMING25LSO-040817HB0232
	365	+	1 official county abstracts not filed in a reasonable length
	366	+	2 of time. The canvassing board shall meet at the time and
	367	+	3 place set by the secretary of state. The board shall review
	368	+	4 the state abstracts prepared by the secretary of state,
	369	+	5 compare them with the tabulation and materials prepared by
	370	+	6 the secretary of state, resolve any tie votes, and certify
	371	+	7 the abstract as the official state canvass.
381	372		8
382		-	9 ~~county in which the recount is taken regardless of the~~
383		-	10 ~~result of the recount.~~
	373	+	9
	374	+	10
384	375		11
385		-	12
386		-	13
	376	+	12 Each bond question shall be submitted to a vote of the
	377	+	13 qualified electors of the political subdivision. Every bond
	378	+	14 election shall be held on the same day as a primary
	379	+	15 election or a general election, or on the Tuesday next
	380	+	16 following the first Monday in May or November, or on the
	381	+	17 Tuesday next following the Monday in August.
	382	+	18 Not less than one hundred ten (110) days before a bond
	383	+	19 election, the political subdivision shall provide written
	384	+	20 notification to the county clerk specifying the date of the
	385	+	21 election and the bond question. The bond question shall
	386	+	22 state the purpose of the bonds, the maximum principal
	387	+	23 amount thereof, the maximum number of years allowed for the 2025STATE OF WYOMING25LSO-040818HB0232
	388	+	1 indebtedness and the maximum rate of interest to be paid
	389	+	2 thereon. The secretary of state may promulgate reasonable
	390	+	3 rules for conducting bond elections where the election is
	391	+	4 not held at the same time as the general or primary
	392	+	5 election.
	393	+	6
	394	+	7W.S. 22-8-108(b) and 22-16-111(c) are
	395	+	8 repealed.
	396	+	9
	397	+	10There is appropriated two hundred thousand
	398	+	11 dollars ($200,000.00) from the general fund to the election
	399	+	12 recount account under W.S. 22-16-109(g), as created by
	400	+	13 section 1 of this act.
387	401		14
388		-	15
	402	+	15. This act is effective July 1, 2025
389	403		16
390		-	17
391		-	18 The state canvassing board shall meet no later than the
392		-	19
393		-	20 secretary of state shall send a messenger to obtain
394		-	21 official county abstracts not filed in a reasonable length
395		-	22 of time. The canvassing board shall meet at the time and
396		-	23 place set by the secretary of state. The board shall review 2025STATE OF WYOMING25LSO-0408
397		-	ENGROSSED
398		-	17HB0232
399		-	1 the state abstracts prepared by the secretary of state,
400		-	2 compare them with the tabulation and materials prepared by
401		-	3 the secretary of state, resolve any tie votes, and certify
402		-	4 the abstract as the official state canvass.
403		-	5
404		-	6
405		-	7
406		-	8
407		-	9 Each bond question shall be submitted to a vote of the
408		-	10 qualified electors of the political subdivision. Every bond
409		-	11 election shall be held on the same day as a primary
410		-	12 election or a general election, or on the Tuesday next
411		-	13 following the first Monday in May or November, or on the
412		-	14 Tuesday next following the Monday in August.
413		-	15 Not less than one hundred ten (110) days before a bond
414		-	16 election, the political subdivision shall provide written
415		-	17 notification to the county clerk specifying the date of the
416		-	18 election and the bond question. The bond question shall
417		-	19 state the purpose of the bonds, the maximum principal
418		-	20 amount thereof, the maximum number of years allowed for the
419		-	21 indebtedness and the maximum rate of interest to be paid
420		-	22 thereon. The secretary of state may promulgate reasonable
421		-	23 rules for conducting bond elections where the election is 2025STATE OF WYOMING25LSO-0408
422		-	ENGROSSED
423		-	18HB0232
424		-	1 not held at the same time as the general or primary
425		-	2 election.
426		-	3
427		-	4W.S. 22-8-108(b) and 22-16-111(c) are
428		-	5 repealed.
429		-	6
430		-	7There is appropriated two hundred thousand
431		-	8 dollars ($200,000.00) from the general fund to the election
432		-	9 recount account under W.S. 22-16-109(g), as created by
433		-	10 section 1 of this act.
434		-	11
435		-	12. This act is effective July 1, 2025
436		-	13
437		-	14 (END)
	404	+	17 (END)