2025
STATE OF WYOMING
25LSO-05351HB0278
HOUSE BILL NO. HB0278
Elections-voting machine and voting system tests.
Sponsored by: Representative(s) Locke, Allemand, Hoeft,
Johnson, Kelly, Styvar, Webb and Webber and
Senator(s) Smith, D
A BILL
for
1 AN ACT relating to elections; clarifying the procedure for
2 testing voting machines and electronic voting systems;
3 specifying that tests shall be open to the public;
4 specifying rulemaking authority; removing the presumption
5 of proper preparation of voting machines; and providing for
6 an effective date.
7
8
9
10W.S. 22-10-108, 22-10-110, 22-11-103(c)
11 and 22-11-104(b)(iii) are amended to read:
12
13
14
15 2025STATE OF WYOMING25LSO-05352HB02781 (a) Before preparing a voting machine for an
2 election, the county clerk shall
3
4
5
6 notify in
7 writing the county chairman of each political party having
8 a candidate on the ballot and all independent candidates,
9 stating the time and place where the voting machine will be
10 prepared for the election.
11
12 may be present at the
13 preparation of the voting machine for the election, to see
14 that the machine is tested for accuracy and is properly
15 prepared and that all registering counters are set at zero
16 (00000). The county clerk in the presence of these
17 shall prepare the voting machine
18 for the election and set all registering counters at zero
19 (00000). He shall then test each registering counter for
20 accuracy by casting votes on it until the registering
21 counter is correctly registering each vote cast on it. The
22 county clerk shall then reset each registering counter to
23 zero (00000) and shall immediately lock and seal the voting 2025STATE OF WYOMING25LSO-05353HB0278
1 machine with a numbered metal seal and make a record of the
2 number of the seal on the certificate for the machine. The
3 seal shall be so placed as to prevent operation of the
4 machine or its registering counters without breaking the
5 seal. The county clerk shall then immediately make a record
6 on the certificate for the machine of the reading shown on
7 the protective counter.
8
9 (b) Inspection of voting machines begin
10 two (2) weeks before an election and continue
11 until all machines to be used are
12 sealed. Immediately following testing of a machine, the
13 county clerk shall make a certificate in writing stating
14 the serial number of each machine, whether the machine has
15 all the registering counters set at zero (00000), and
16 whether the machine has been tested by voting on each
17 registering counter to prove that each registering counter
18 is in perfect and accurate condition, the number registered
19 on the protective counter, and the number on the seal with
20 which the machine is sealed against operation. This
21 certificate shall be
22 kept on file in the office of the county
23 clerk. 2025STATE OF WYOMING25LSO-05354HB0278
1
2
3
4
5
6
7
8 A voting machine prepared for an election and certified by
9 the county clerk
10
11 after the machine is sealed and
12 a complaint is filed in the district court
13 of the county stating the number of the machine and the
14 grounds for objecting to its use.
15
16
17
18 (c) The secretary of state may from time to time as
19 necessary promulgate rules and regulations consistent with
20 subsection (a) of this section and with all other
21 requirements of this Election Code to govern the
22 characteristics of electronic voting systems that may be
23 used in Wyoming. The rules shall ensure the fairness and 2025STATE OF WYOMING25LSO-05355HB0278
1 accuracy of elections. The rules may govern both the
2 characteristics of the systems and the procedures to be
3 followed in
4 allow the county clerks to follow appropriate
5 recommendations of the vendors of the systems for
6 maintenance and management of the systems to the extent
7 these recommendations are not inconsistent with this
8 Election Code and with the rules. The rules shall be
9 adopted following consultation with the county clerks.
10
11
12
13
14 (b) The county clerk of each county using an
15 electronic voting system shall:
16
17 (iii) Before testing an electronic voting system
18 for an election,
19
20
21
22 notify
23 the county chairman of each 2025STATE OF WYOMING25LSO-05356HB0278
1 political party having a candidate on the ballot, stating
2 the time and place of the test.
3
4 may be present for the
5 test, which shall be held at least two (2) weeks before the
6 election. The test shall ascertain that automatic
7 tabulating equipment will
8 accurately count the votes cast
9 for all offices and all
10 measures. The test shall be conducted by processing a
11 preaudited group of
12 on which are recorded a predetermined number
13 of valid votes for each candidate and on each measure and
14 shall include for each office one (1) or more ballots which
15 have votes in excess of the number allowed by law in order
16 to test the ability of the automatic tabulating equipment
17 to reject such votes.
18
19
20 During
21 the test a different number of valid votes shall be
22 assigned to each candidate, including write-in candidates,
23 for an office, and for and against each measure, including 2025STATE OF WYOMING25LSO-05357HB0278
1
2. If any
3 error is detected,
4 the cause of it shall be ascertained
5 and corrected and an errorless count shall be secured and
6 certified to by the county clerk. On completion of the
7 count,
8
9he
10 programs, test materials and ballots shall be sealed and
11 retained as provided for paper ballots, provided that if a
12
13
14
15
16W.S. 22-10-110 is repealed.
17
18. This act is effective July 1, 2025
19
20 (END)