Wyoming 2025 Regular Session

Wyoming House Bill HB0278 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-05351HB0278
4	4	HOUSE BILL NO. HB0278
5	5	Elections-voting machine and voting system tests.
6	6	Sponsored by: Representative(s) Locke, Allemand, Hoeft,
7	7	Johnson, Kelly, Styvar, Webb and Webber and
8	8	Senator(s) Smith, D
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to elections; clarifying the procedure for
12	12	2 testing voting machines and electronic voting systems;
13	13	3 specifying that tests shall be open to the public;
14	14	4 specifying rulemaking authority; removing the presumption
15	15	5 of proper preparation of voting machines; and providing for
16	16	6 an effective date.
17	17	7
18	18	8
19	19	9
20	20	10W.S. 22-10-108, 22-10-110, 22-11-103(c)
21	21	11 and 22-11-104(b)(iii) are amended to read:
22	22	12
23	23	13
24	24	14
25	25	15 2025STATE OF WYOMING25LSO-05352HB02781 (a) Before preparing a voting machine for an
26	26	2 election, the county clerk shall
27	27	3
28	28	4
29	29	5
30	30	6 notify in
31	31	7 writing the county chairman of each political party having
32	32	8 a candidate on the ballot and all independent candidates,
33	33	9 stating the time and place where the voting machine will be
34	34	10 prepared for the election.
35	35	11
36	36	12 may be present at the
37	37	13 preparation of the voting machine for the election, to see
38	38	14 that the machine is tested for accuracy and is properly
39	39	15 prepared and that all registering counters are set at zero
40	40	16 (00000). The county clerk in the presence of these
41	41	17 shall prepare the voting machine
42	42	18 for the election and set all registering counters at zero
43	43	19 (00000). He shall then test each registering counter for
44	44	20 accuracy by casting votes on it until the registering
45	45	21 counter is correctly registering each vote cast on it. The
46	46	22 county clerk shall then reset each registering counter to
47	47	23 zero (00000) and shall immediately lock and seal the voting 2025STATE OF WYOMING25LSO-05353HB0278
48	48	1 machine with a numbered metal seal and make a record of the
49	49	2 number of the seal on the certificate for the machine. The
50	50	3 seal shall be so placed as to prevent operation of the
51	51	4 machine or its registering counters without breaking the
52	52	5 seal. The county clerk shall then immediately make a record
53	53	6 on the certificate for the machine of the reading shown on
54	54	7 the protective counter.
55	55	8
56	56	9 (b) Inspection of voting machines begin
57	57	10 two (2) weeks before an election and continue
58	58	11 until all machines to be used are
59	59	12 sealed. Immediately following testing of a machine, the
60	60	13 county clerk shall make a certificate in writing stating
61	61	14 the serial number of each machine, whether the machine has
62	62	15 all the registering counters set at zero (00000), and
63	63	16 whether the machine has been tested by voting on each
64	64	17 registering counter to prove that each registering counter
65	65	18 is in perfect and accurate condition, the number registered
66	66	19 on the protective counter, and the number on the seal with
67	67	20 which the machine is sealed against operation. This
68	68	21 certificate shall be
69	69	22 kept on file in the office of the county
70	70	23 clerk. 2025STATE OF WYOMING25LSO-05354HB0278
71	71	1
72	72	2
73	73	3
74	74	4
75	75	5
76	76	6
77	77	7
78	78	8 A voting machine prepared for an election and certified by
79	79	9 the county clerk
80	80	10
81	81	11 after the machine is sealed and
82	82	12 a complaint is filed in the district court
83	83	13 of the county stating the number of the machine and the
84	84	14 grounds for objecting to its use.
85	85	15
86	86	16
87	87	17
88	88	18 (c) The secretary of state may from time to time as
89	89	19 necessary promulgate rules and regulations consistent with
90	90	20 subsection (a) of this section and with all other
91	91	21 requirements of this Election Code to govern the
92	92	22 characteristics of electronic voting systems that may be
93	93	23 used in Wyoming. The rules shall ensure the fairness and 2025STATE OF WYOMING25LSO-05355HB0278
94	94	1 accuracy of elections. The rules may govern both the
95	95	2 characteristics of the systems and the procedures to be
96	96	3 followed in
97	97	4 allow the county clerks to follow appropriate
98	98	5 recommendations of the vendors of the systems for
99	99	6 maintenance and management of the systems to the extent
100	100	7 these recommendations are not inconsistent with this
101	101	8 Election Code and with the rules. The rules shall be
102	102	9 adopted following consultation with the county clerks.
103	103	10
104	104	11
105	105	12
106	106	13
107	107	14 (b) The county clerk of each county using an
108	108	15 electronic voting system shall:
109	109	16
110	110	17 (iii) Before testing an electronic voting system
111	111	18 for an election,
112	112	19
113	113	20
114	114	21
115	115	22 notify
116	116	23 the county chairman of each 2025STATE OF WYOMING25LSO-05356HB0278
117	117	1 political party having a candidate on the ballot, stating
118	118	2 the time and place of the test.
119	119	3
120	120	4 may be present for the
121	121	5 test, which shall be held at least two (2) weeks before the
122	122	6 election. The test shall ascertain that automatic
123	123	7 tabulating equipment will
124	124	8 accurately count the votes cast
125	125	9 for all offices and all
126	126	10 measures. The test shall be conducted by processing a
127	127	11 preaudited group of
128	128	12 on which are recorded a predetermined number
129	129	13 of valid votes for each candidate and on each measure and
130	130	14 shall include for each office one (1) or more ballots which
131	131	15 have votes in excess of the number allowed by law in order
132	132	16 to test the ability of the automatic tabulating equipment
133	133	17 to reject such votes.
134	134	18
135	135	19
136	136	20 During
137	137	21 the test a different number of valid votes shall be
138	138	22 assigned to each candidate, including write-in candidates,
139	139	23 for an office, and for and against each measure, including 2025STATE OF WYOMING25LSO-05357HB0278
140	140	1
141	141	2. If any
142	142	3 error is detected,
143	143	4 the cause of it shall be ascertained
144	144	5 and corrected and an errorless count shall be secured and
145	145	6 certified to by the county clerk. On completion of the
146	146	7 count,
147	147	8
148	148	9he
149	149	10 programs, test materials and ballots shall be sealed and
150	150	11 retained as provided for paper ballots, provided that if a
151	151	12
152	152	13
153	153	14
154	154	15
155	155	16W.S. 22-10-110 is repealed.
156	156	17
157	157	18. This act is effective July 1, 2025
158	158	19
159	159	20 (END)