Chapter 10 - Voting Machines

CHAPTER 10 - VOTING MACHINES

 

22-10-101. Criteria for approval.

 

(a) To be approved for use in Wyoming avoting machine shall:

 

(i) Require secret voting, except forelectors receiving assistance as provided by law;

 

(ii) Permit an elector to cast any vote he isentitled to cast at any election and permit voting for a write-in candidate forany office;

 

(iii) Preclude an elector from casting any vote he is notentitled to cast at any election or to cast more votes for a candidate, officeor ballot proposition than are allowed by law;

 

(iv) Permit an elector to change any votebefore his vote is registered;

 

(v) Permit an elector by one (1) device tovote simultaneously for candidates of one (1) political party for president,vice-president and presidential electors;

 

(vi) Permit adjustment at a primary electionto assure that an elector will vote only the political party or nonpartisanballot he is entitled to vote;

 

(vii) Have separate voting devices forcandidates and ballot propositions, which shall be arranged in separate rows orcolumns, so that one (1) or more adjacent rows or columns may be assigned tothe candidates of each political party at a primary election;

 

(viii) Have a public counter visible outsidethe machine which shall show at all times during an election the number ofelectors who have voted on the machine, and a protective counter which cannotbe reset and which will record the total number of movements of the registeringmechanism;

 

(ix) Have locks and seals to permit themachine to be locked to prevent any movement of the registering mechanism;

 

(x) Have the capacity to contain the namesof candidates constituting the tickets of not less than five (5) politicalparties and independent groups and not less than fifteen (15) ballotpropositions;

 

(xi) Be constructed so that an elector mayreadily learn how to operate, it may expeditiously cast his vote, and whenoperated properly shall register and accurately record every vote cast;

 

(xii) Be durably constructed of good qualitymaterial in a neat and workmanlike manner and shall be safely transportable.

 

22-10-102. Selection by county commissioners.

 

Theboard of county commissioners may adopt for use in any precinct in the county atype of voting machine meeting the standards specified in W.S. 22-10-101.

 

22-10-103. Lease or purchase of machines.

 

Theboard of county commissioners may lease such approved voting machines for usein any precinct in the county or purchase them for cash or in annualinstallments not to exceed ten (10) years.

 

22-10-104. Submission of purchasing bonds question to electors.

 

Theboard of county commissioners may submit to the electors of the county thequestion whether the board of county commissioners shall be authorized to issueregistered coupon bonds of the county in an amount which, together with theexisting indebtedness of the county shall not exceed two percent (2%) of thetaxable property in the county as shown by the last general assessment, andbearing a rate of interest not exceeding ten percent (10%) per annum, andpayable in not to exceed twenty (20) years, for the purchase of voting machinesto be used in countywide elections and for the construction of necessarystorage facilities and the building site therefor.

 

22-10-105. Rental fees; generally.

 

Whenthe expense of an election held in a county is chargeable in whole or in partto the state, a political subdivision thereof or other governmental entityother than the county, the state, subdivision or other governmental entityshall pay to the county a fee per day fixed by the board of countycommissioners for use of voting machines. When the expense is divided by lawamong two (2) or more entities participating in the election, the rental feeexpense shall be shared proportionately.

 

22-10-106. Rental fees; where paid.

 

Allmoneys paid to the county for the rental of voting machines shall be paid intothe county fund used to acquire and maintain voting machines.

 

22-10-107. Custody and maintenance.

 

Thecounty clerk shall have custody of voting machines and keep them in repair. Thecounty clerk shall have custody and care of keys and seals for the votingmachines.

 

22-10-108. Procedure for preparing machines for election; inspectionand certification.

 

(a) Before preparing a voting machine for an election, thecounty clerk shall notify in writing the county chairman of each political partyhaving a candidate on the ballot, stating the time and place where the votingmachine will be prepared for the election. The political party representativesand representatives of independent candidates may be present at the preparationof the voting machine for the election, to see that the machine is tested foraccuracy and is properly prepared and that all registering counters are set atzero (00000). The county clerk in the presence of these representatives shallprepare the voting machine for the election and set all registering counters atzero (00000). He shall then test each registering counter for accuracy bycasting votes on it until the registering counter is correctly registering eachvote cast on it. The county clerk shall then reset each registering counter tozero (00000) and shall immediately lock and seal the voting machine with anumbered metal seal and make a record of the number of the seal on thecertificate for the machine. The seal shall be so placed as to preventoperation of the machine or its registering counters without breaking the seal.The county clerk shall then immediately make a record on the certificate forthe machine of the reading shown on the protective counter.

 

(b) Inspection of voting machines may begintwo (2) weeks before an election and continue until all machines to be used aresealed. Immediately following testing of a machine, the county clerk shall makea certificate in writing stating the serial number of each machine, whether themachine has all the registering counters set at zero (00000), and whether themachine has been tested by voting on each registering counter to prove thateach registering counter is in perfect and accurate condition, the numberregistered on the protective counter, and the number on the seal with which themachine is sealed against operation. This certificate shall be kept on file inthe office of the county clerk.

 

22-10-109. Key in sealed envelope; matters to be printed thereon.

 

 

(a) When all voting machines to be used inan election are locked and sealed, the key to each machine shall be enclosed ina sealed envelope on which shall be printed:

 

(i) The number or designation of theelection district and precinct in which the machine is to be used;

 

(ii) The number of the seal with which themachine is sealed;

 

(iii) The number registered on the protectivecounter as reported by the county clerk;

 

(iv) The signature of the clerk and thesignatures of two (2) representatives, if any, placed across the seal.

 

22-10-110. Presumption of proper preparation; objections.

 

Avoting machine prepared for an election and certified by the county clerk shallbe conclusively presumed to be properly prepared unless within two (2) daysafter the machine is sealed and certified a complaint is filed in the districtcourt of the county stating the number of the machine and the grounds forobjecting to its use.

 

22-10-111. Delivery and return; expenses.

 

Thecounty clerk shall provide for the delivery of voting machines to the precinctsat least one (1) hour before the polls open and their return to custody afterthe election. The expense of transporting the machines shall be paid by theauthority or proportionately by the authorities conducting the election.