2025
STATE OF WYOMING
25LSO-07371SF0184
SENATE FILE NO. SF0184
Prohibition on electronic voting equipment-2.
Sponsored by: Senator(s) Smith, D, Ide and Laursen, D and
Representative(s) Lucas and Smith, S
A BILL
for
1 AN ACT relating to elections; requiring the use of paper
2 ballots for elections; requiring hand counting of paper
3 ballots; specifying procedures for hand counting of paper
4 ballots; repealing provisions related to electronic voting
5 machines and electronic pollbooks; revising procedures for
6 the post-election ballot audit; providing for testing of
7 hand counting, tabulating and reporting systems; providing
8 for election observers; providing penalties; making
9 conforming amendments; providing for rulemaking; and
10 providing for an effective date.
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12
13
14W.S. 22-1-102(a)(i), (iii), (xi), (xiv),
15 (xxii), (xlii), (xliii), (xlix) and by creating new 2025STATE OF WYOMING25LSO-07372SF0184
1 paragraphs (lv) and (lvi), 22-3-111 by creating a new
2 subsection (c), 22-6-115, 22-6-121(a)(intro), 22-6-122,
3 22-6-130(a), 22-8-102, 22-8-107, 22-8-108(a), (b) and (c),
4 22-8-115(a), by creating a new subsection (b) and by
5 amending and renumbering (b) as (c), 22-9-109(a),
6 22-9-125(d)(intro), 22-11-101.1(a), 22-11-102,
7 22-11-103(a)(iii), (vii), (viii) and (c), 22-11-104(a),
8 (b)(intro), (ii)(intro), (A), (iii) and (v), 22-11-105,
9 22-11-106, 22-12-101 by creating a new subsection (c),
10 22-12-103, 22-12-107(a)(v) and (vi), 22-12-112, 22-12-114,
11 22-12-115, 22-13-103(b), 22-13-107, 22-13-110, 22-14-102,
12 22-14-104, 22-14-110, 22-14-111(a)(viii), 22-14-113,
13 22-14-114(a), 22-15-105(a), 22-15-109, 22-16-103(c)(i) and
14 by creating a new subsection (e), 22-16-118, 22-21-109,
15 22-22-203(b), 22-26-101(a)(ii), (iv) and (vi), 22-26-103,
16 22-26-105 and 22-26-107(a)(intro) and by creating a new
17 paragraph (v) are amended to read:
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19
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21 (a) The definitions contained in this chapter apply
22 to words and phrases used in this Election Code and govern
23 the construction of those words and phrases unless they are 2025STATE OF WYOMING25LSO-07373SF0184
1 specifically modified by the context in which they appear.
2 As used in this Election Code:
3
4 (i) "Automatic abulating equipment" means
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6
7 paper ballots
8 and the results. "Tabulating equipment"
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11;
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13 (iii) "Ballot " means a
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16;
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18 (xi) "Counting center" is the location or
19 locations designated by the county clerk for the
20 tabulating and counting of ballots;
21
22 (xiv) "Electronic voting system" is a
23 system 2025STATE OF WYOMING25LSO-07374SF0184
1 paper ballots
2
3
4 counting of votes in an election;
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6 (xxii) "Pollbook" means a book, or hardware,
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8 used in a polling place on election
9 day containing information specified by law. "Pollbook"
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11;
12
13 (xlii) "Recount" is the processing of ballots
14 through the tabulation system for an additional time
15 or times, conducted for the specific purpose of counting
16 votes again in any specific race, based upon the criteria
17 of W.S. 22-16-109 or 22-16-111;
18
19 (xliii) "Retabulation" is the process of
20 ballots tabulation system
21 for an additional time or times for the express purpose of
22 reconciling the count;
23 2025STATE OF WYOMING25LSO-07375SF01841 (xlix) "Vote center" means a polling place at
2 which any registered elector in the political subdivision
3 holding the election may vote, regardless of the precinct
4 in which he resides,
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7 by the county clerk and used as an option to traditional
8 polling places at the discretion of the county clerk;
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23 2025STATE OF WYOMING25LSO-07376SF0184
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6 Official paper ballots shall be uniform in size,
7 printed in black ink on good quality paper through which
8 printing cannot be read. Ballots shall be white except as
9 otherwise provided. ach column or row
10 containing the titles of offices and candidates for office
11 shall be arranged to indicate clearly the office for which
12 a candidate is running.
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23 2025STATE OF WYOMING25LSO-07377SF01841
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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
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23 2025STATE OF WYOMING25LSO-07378SF0184
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,
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12 (a) Each county clerk shall complete an audit of the
13 county's unofficial election results by identifying and
14 reviewing the smallest observable percentage between the
15 statewide candidates who received the most votes and the
16 statewide candidates who received the second highest votes
17 for each contest within the county not later than the first
18 Thursday following a primary, special or general election.
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23 2025STATE OF WYOMING25LSO-07379SF0184
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3 Additional contests may be added to the audit at the
4 discretion of the county clerk.
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9he number of
10 ballots audited shall five
11 percent (5%) of the total number of ballots cast.
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15 Except as otherwise provided by this section, judges of
16 election and members of counting boards shall be registered
17 electors and shall be physically, morally and mentally
18 competent to perform their duties. The county clerk may
19 appoint persons who are at least sixteen (16) years of age
20 to serve as judges of election or members of counting
21 boards if such persons meet all other requirements for
22 qualification of an elector. A judge of election shall not 2025STATE OF WYOMING25LSO-073710SF0184
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6 If the alternate procedure for counting absentee ballots
7 described in W.S. 22-9-125 is used, at least
8 judges shall be appointed as an absentee ballot
9 counting board in the same manner as other election judges
10 are appointed
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12 judges shall determine legality of absentee ballots and
13 count absentee ballots
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15 counting center.
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20 (a) The county clerk shall appoint a counting board
21 for each paper ballot polling place casting more than three
22 hundred (300) votes at the last general election, and may
23 appoint a counting board in such a polling place in which 2025STATE OF WYOMING25LSO-073711SF0184
1 one hundred fifty (150) or more such votes were cast at
2 such election. A counting board shall have
3 members or more to facilitate the counting of votes
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5. No more than one (1) person
6 under the age of eighteen (18) may be appointed as to each
7 counting board.
8
9 (b) A counting board shall be appointed for each
10 designated counting center.
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12
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14 of at least members who shall be the
15 county clerk or his , and
16 members of each
17 appointed by the county clerk
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19 Additional members may be appointed by the county clerk if
20 deemed necessary by the county clerk but equal major party
21 membership shall be assured. No more than one (1) person
22 under the age of eighteen (18) may be appointed as to each
23 counting board. 2025STATE OF WYOMING25LSO-073712SF0184
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4 (c) The counting board in a paper ballot polling
5 place
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9 ballots for counting at any time on election day, or before
10 election day as provided in W.S. 22-9-125(d).
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12
13
14 (a) An
15 shall subscribe to this oath in writing before
16 entering upon his duties at each election:
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18 "I do solemnly swear (or affirm) that I will impartially
19 and to the best of my knowledge and ability
20 the duties of
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23 2025STATE OF WYOMING25LSO-073713SF0184
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5 frauds, deceit and abuse in the application of the election
6 laws of this state."
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17 (c) The shall be
18 taken before the county clerk, his deputy or a previously
19 sworn judge of election.
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22 2025STATE OF WYOMING25LSO-073714SF01841 (a) The absentee ballot shall be in the same form
2 prescribed by law for the official ballot or, for the
3
4 a reasonable printed reproduction
5 of the prescribed form for electronic ballots.
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10 (d) Notwithstanding
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12 ballots under this chapter, the county clerk may choose to
13 prepare and process absentee ballots the Thursday or Friday
14 immediately preceding election day, provided:
15
16 CHAPTER 11
17 HAND COUNT VOTING SYSTEMS
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19
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21 (a) As used in this chapter,
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23 2025STATE OF WYOMING25LSO-073715SF0184
1 tabulating, recording and
2 election results to the state or counties
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4.
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8 The board of county commissioners of each county may adopt
9 for use, either experimentally or permanently, in any
10 election in any or all polling places within the county,
11 any hand count voting system authorized by law.
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13
14
15 (a) Every
16 for use in Wyoming shall:
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18 (iii) Permit voting either by paper ballot, by
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23 2025STATE OF WYOMING25LSO-073716SF01841
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22 2025STATE OF WYOMING25LSO-073718SF01841 (vii) Provide automatic tabulating equipment
2eject choices recorded on a ballot exceeding
3 the number allowed, and at a primary election, reject
4 choices for candidates from a party other than the party
5 for which a preference is expressed;
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7 (viii) Be suitably designed to function safely,
8
9 in recording, tabulating and
10 counting of every vote cast;
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12 (c) The secretary of state may from time to time as
13 necessary promulgate rules and regulations consistent with
14 subsection (a) of this section and with all other
15 requirements of this Election Code to govern the
16 characteristics of voting systems
17 that may be used in Wyoming. The rules shall ensure the
18 fairness and accuracy of elections. The rules may govern
19 both the characteristics of the systems and the procedures
20 to be followed in using the systems. The rules shall allow
21 the county clerks to
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23 2025STATE OF WYOMING25LSO-073719SF0184
1 are not inconsistent
2 with this Election Code and with the rules. The rules
3 shall be adopted following consultation with the county
4 clerks.
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7
8
9 (a) All provisions of the Election Code governing the
10 conduct of elections shall apply to elections in which
11 voting systems are used, except that
12 the county clerk of any county in which
13
14 modifications in ballot form as are necessary to facilitate
15 the use of the voting system and yet
16 maintain the integrity of the election and the intent of
17 the law.
18
19 (b) The county clerk of each county using
20a hand count voting system shall:
21 2025STATE OF WYOMING25LSO-073720SF01841 (ii) Before the day of election deliver to each
2 polling place using voting
3 system:
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5 (A) A sufficient number of
6 and ballots;
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8 (iii) Before
9 election, notify the county chairman of each
10 political party having a candidate on the ballot, stating
11 the time and place of test
12
13. The political party representatives and
14 representatives of independent candidates may be present
15 for the test, which shall be held at least two (2) weeks
16 before the election. The test shall ascertain that the
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19 will accurately count the votes cast for
20 all offices and all measures.
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23 The test shall be conducted by 2025STATE OF WYOMING25LSO-073721SF0184
1 processing a preaudited group of paper ballots.
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13, test materials and ballots
14 shall be sealed and retained as provided for paper ballots;
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16 (v) Provide adequate security for the delivery
17 of all ballots to designated counting center, if
18;
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22 Any voter who spoils his paper ballot
23 return it and secure a replacement. The word "Spoiled" 2025STATE OF WYOMING25LSO-073722SF0184
1 shall be written across the face of the voided ballot, and
2 it shall be placed in an envelope for spoiled ballots.
3 Spoiled ballots shall be delivered with the returns to the
4 county clerk.
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6-11106. Procedure after voter marks paper ballot.
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8 After marking the paper ballot, the voter shall place the
9 ballot
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12in the ballot box.
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22 The county clerk in all elections shall furnish each
23 polling place with sufficient booths, paper ballots 2025STATE OF WYOMING25LSO-073723SF0184
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2 secret marking of ballots.
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6 (a) Before election day the county clerk shall cause
7 to be delivered to one (1) of the judges of election in
8 each polling place the following materials:
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10 (v) Accessible voting machines,
11 required by W.S. 22-11-103(a)(iii);
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13 (vi) The number of ballots required by law
14;
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19 Before the polls open the judges shall compare ballots
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21 sheets to see that they are correct., place the voting
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23 2025STATE OF WYOMING25LSO-073724SF0184
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2 Envelopes containing keys shall not be opened if the
3 numbers and records on them do not correspond to the
4 numbers and records on the . If the
5 numbers do not agree, the shall be
6 reexamined and certified by the county clerk. before it may
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12 The judges shall certify that keys are
13 delivered, that numbers on registering counters and
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16 proper. and that the machines are ready for voting.
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20 Before the polls are open, the judges of election shall
21 open and examine the ballot box to determine that it is
22 empty and relock it. The ballot box shall not again be
23 opened 2025STATE OF WYOMING25LSO-073725SF0184
1
2 and only in the presence
3 of two (2) or more election judges with different political
4 party affiliations. shall not be removed
5 from the presence of the judges of election or counting
6 board until all ballots are counted and recorded.
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11 (b) To protect the privacy of the voter, voting
12 booths
13 persons except voters marking ballots and election
14 officials discharging their duties.
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18 An elector spoiling a paper ballot by mistake or
19 accident may receive another ballot by returning the
20 rejected ballot to a judge of election. Spoiled ballots
21 shall immediately be cancelled by a judge of election, the
22 2025STATE OF WYOMING25LSO-073726SF0184
1 and delivered with the returns
2 to the county clerk or official conducting the election.
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23 2025STATE OF WYOMING25LSO-073727SF0184
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4 Write-in votes
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8.
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10-14-102. Who may be present after all votes are
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14 After all the votes are cast and the polls are
15 officially declared closed, only election judges
16 shall be permitted in a
17 polling place.
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19 When all ballots are cast, the machine shall be
20
21 W.S.
22 22-14-114(b), election judges
23 2025STATE OF WYOMING25LSO-073728SF0184
1 votes and
2 shall continue without adjournment until counting is
3 completed.
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7 Paper ballots shall be
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10. A vote which is not clearly marked shall not be
11 tallied for that office or question but votes clearly
12 marked on the remainder of the ballot shall be tallied.
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23 2025STATE OF WYOMING25LSO-073729SF0184
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20-14-110. Sealing paper ballots and voting machine
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22 2025STATE OF WYOMING25LSO-073730SF0184
1 Paper ballots shall be sealed by the election judges in an
2 envelope after being counted and tallied, unless the
3 ballots are being counted at a central counting center as
4 authorized by W.S. 22-14-114(b).
5
6
7
8 then be sealed in a single large container. The district
9 and precinct number shall be written on each container.
10
11
12
13 (a) Unless the votes are being counted at a central
14 counting center as authorized by W.S. 22-14-114(b), an
15 election judge or peace officer as defined under W.S.
16 7-2-101(a)(iv)(A) or (B) and acting under the authority of
17 the county clerk shall, as soon as possible after the
18 tabulation of votes is complete, return to the clerk who
19 prepared the ballots for the election the following records
20 and returns in a sealed and locked container with a
21 numbered seal that includes a number or other identifier
22 that is unique to that seal:
23 2025STATE OF WYOMING25LSO-073731SF01841 (viii) Oaths of
2;
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4
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6 (a) Keys to shall be
7 returned to the county clerk in an envelope sealed and
8 signed by an election judge and endorsed by an election
9 judge of a different political party affiliation. On this
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13 (b) All voting supplies, ballot boxes and
14 voting machines shall be returned to the county clerk as
15 soon as possible after the vote has been returned.
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20 (a) For ballots designed to be counted by machine,
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23 2025STATE OF WYOMING25LSO-073732SF0184
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8 write-in votes, names are misspelled or
9 abbreviated or the use of nicknames of candidates shall be
10 counted for the candidate if the vote is obvious to the
11 board
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13.
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15
16
17 (a) If a person offering to vote is challenged, and
18 the challenge is not resolved in accordance with W.S.
19 22-15-106, an election judge shall offer the voter a ballot
20 clearly marked "provisional."
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22 2025STATE OF WYOMING25LSO-073733SF0184
1
2.
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6
7 (a) The county chairman of each political party may
8 certify prior to the day
9 of the election to serve in each polling place. Not more
10 than one (1) from each
11 political party may serve simultaneously unless the chief
12 judge determines that one (1) additional
13 from each political party may be
14 accommodated in the polling place without disrupting the
15 polling process.
16
17 (b) A poll watcher shall belong
18 to the political party he represents,
19 registered elector residing in the county. A poll watcher
20
21 shall serve only at the
22 polling place designated on the certificate.
23 is authorized to observe voter turn 2025STATE OF WYOMING25LSO-073734SF0184
1 out, registration
2 and may make written memoranda but shall not challenge
3 voters , conduct electioneering
4 activities or disrupt the polling or counting process.
5
6 (c) The chief judge may remove
7 from the polling place for disturbing the
8 polling place, or for any other violation of the Election
9 Code.
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12
13 (c) The county canvassing board shall:
14
15 (i) Meet as soon as all returns have been
16 received and abstracted, but if any provisional ballots
17 have been cast in the county, not before the time has
18 passed for provisional voters to document their eligibility
19 to register or to vote. The board shall meet at a time and
20 place designated by the county clerk, but
21
22 the first fourth Friday following the election;
23 2025STATE OF WYOMING25LSO-073735SF01841
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7 The state canvassing board shall meet no later than the
8 Wednesday following the
9. The secretary of state shall send a
10 messenger to obtain official county abstracts not filed in
11 a reasonable length of time. The canvassing board shall
12 meet at the time and place set by the secretary of state.
13 The board shall review the state abstracts prepared by the
14 secretary of state, compare them with the tabulation and
15 materials prepared by the secretary of state, resolve any
16 tie votes, and certify the abstract as the official state
17 canvass.
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22 2025STATE OF WYOMING25LSO-073736SF0184
1 The county clerk
2 at any
3 bond election and may prescribe the form of the ballot, the
4 duties of election officials, and other reasonable
5 regulations pertaining thereto. The political subdivision
6 holding the bond election shall pay the actual costs of the
7 election or an equitably proportioned share of a concurrent
8 election, as determined by the county clerk.
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10
11
12
13 (b) Each county clerk in each election involving a
14 school or community college district which crosses county
15 boundaries shall
16, or a
17
18 to that each qualified elector votes only for
19 the candidate or candidates from the school district and
20 trustee residence area, if any, and from the community
21 college district and subdistrict, if any, for which he is
22 entitled to vote.
23 2025STATE OF WYOMING25LSO-073737SF01841
2
3 (a) The following acts in connection with or related
4 to the election process or an election, if knowingly and
5 willfully committed, are felony offenses punishable by not
6 more than five (5) years' imprisonment in the state
7 penitentiary or a fine of not more than ten thousand
8 dollars ($10,000.00), or both:
9
10 (ii) Unlawful
11 ballot box as provided in W.S. 22-26-103;
12
13 (iv) Unlawful possession of a key
14
15
16 (vi) Falsifying election documents or results;
17
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20 Unlawful a ballot
21 box consists of any of the following:
22 2025STATE OF WYOMING25LSO-073738SF01841pening a ballot box
2without lawful authority;, or
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7onspiring with others so to
8under this section.
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12 Unlawful possession of a key consists of the possession at
13 any time of a key to a
14 making a duplicate thereof, unless authorized by law.
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16
17
18 (a) Falsifying election documents consists
19 of performing any of the following acts with the intent to
20 deceive or mislead an elector or an election official:
21
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23 2025STATE OF WYOMING25LSO-073740SF0184
1
2W.S. 22-1-102(a)(xxxiv) and (liv),
3 22-3-113(b), 22-6-113, 22-9-121(c)(ii), 22-9-125(b),
4 22-10-101 through 22-10-111, 22-11-103(a)(iv), (vi), (xi)
5 and (d) through (g), 22-11-104(b)(i), (iv), (vi), (vii) and
6 (c), 22-11-107 through 22-11-109, 22-12-110, 22-12-113,
7 22-13-109, 22-13-112, 22-14-105, 22-14-111(a)(i),
8 22-26-101(a)(iii) and 22-26-104 are repealed.
9
10. This act is effective July 1, 2025
11
12 (END)