Chapter 11 - Electronic Voting Systems
CHAPTER 11 - ELECTRONIC VOTING SYSTEMS
22-11-101. Repealed By Laws 1998, ch. 100, 5.
22-11-102. Use authorized; purchase or lease.
Theboard of county commissioners of each county may adopt for use, eitherexperimentally or permanently, in any election in any or all precincts withinthe county, any electronic voting system authorized by law.
22-11-103. Capabilities required.
(a) Every electronic voting system adopted for use in Wyomingshall:
(i) Provide for voting in secrecy;
(ii) Permit each voter to vote at any electionfor all candidates and offices, and on any question, for which he is lawfullyentitled to vote;
(iii) Permit voting either by paper ballot, by ballot card or byother mechanical, magnetic or electrical means by which a vote may be recorded;
(iv) Permit each voter, at presidentialelections, by one (1) mark or punch to vote for candidates of one (1) party forpresident, vice-president and presidential electors or to write in a name forpresident;
(v) Provide for replacement of spoiledballots;
(vi) Permit both absentee and write-invoting;
(vii) Provide automatic tabulating equipmentwhich shall reject choices recorded on a ballot exceeding the number allowed,and at a primary election reject choices for candidates from a party other thanthe party for which a preference is expressed;
(viii) Be suitably designed to function safely,efficiently and accurately, when properly operated, in recording, tabulatingand counting every vote cast;
(ix) Repealed By Laws 1998, ch. 100, 5.
(x) Be certified by the secretary of state.
(b) Repealed By Laws 1998, ch. 100, 5.
(c) The secretary of state may from time to time as necessarypromulgate rules and regulations consistent with subsection (a) of this sectionand with all other requirements of this Election Code to govern thecharacteristics of electronic voting systems that may be used in Wyoming. Therules shall ensure the fairness and accuracy of elections. The rules maygovern both the characteristics of the systems and the procedures to befollowed in using the systems. The rules shall allow the county clerks tofollow appropriate recommendations of the vendors of the systems formaintenance and management of the systems to the extent these recommendationsare not inconsistent with this Election Code and with the rules. The rulesshall be adopted following consultation with the county clerks.
22-11-104. Conduct of elections in which systems utilized.
(a) All provisions of the Election Codegoverning the conduct of elections shall apply to elections in which electronicvoting systems are used, except that the county clerk of any county in which anelectronic voting system is used may make such modifications in ballot orballot label form as are necessary to facilitate the use of the electronicvoting system and yet maintain the integrity of the election and the intent ofthe law.
(b) The county clerk of each county using anelectronic voting system shall:
(i) Determine whether paper ballots, ballotcards or a combination of both will be used in each precinct;
(ii) Before the day of election deliver toeach precinct using an electronic voting system:
(A) A sufficient number of voting devicesand ballots;
(B) Four (4) facsimile diagrams of theentire face of the voting device as it will appear on election day;
(C) Other appropriate instructionalmaterials or devices; and
(D) All other materials required by law.
(iii) Before testing an electronic voting system for an election,notify the county chairman of each political party having a candidate on theballot, stating the time and place of the test. The political partyrepresentatives and representatives of independent candidates may be presentfor the test, which shall be held at least two (2) weeks before the election. The test shall ascertain that the automatic tabulating equipment willaccurately count the votes cast for all offices and all measures. The testshall be conducted by processing a preaudited group of paper ballots or ballotcards on which are recorded a predetermined number of valid votes for eachcandidate and on each measure and shall include for each office one (1) or moreballots which have votes in excess of the number allowed by law in order totest the ability of the automatic tabulating equipment to reject such votes. During the test a different number of valid votes shall be assigned to eachcandidate for an office, and for and against each measure. If any error isdetected, the cause of it shall be ascertained and corrected and an errorlesscount shall be secured and certified to by the county clerk. On completion ofthe count, the programs, test materials and ballots shall be sealed andretained as provided for paper ballots;
(iv) Designate one (1) or more countingcenters;
(v) Provide adequate security for thedelivery of all ballots to the designated counting center;
(vi) Provide that if any ballot is damaged ordefective so that it cannot be properly counted by the automatic tabulatingequipment, a true, duplicate copy shall be made by counting board members andsubstituted for the damaged or defective ballot. All duplicate ballots shall beclearly labeled "Duplicate" and shall bear a serial number whichshall be recorded on the damaged or defective ballot. Damaged or defectiveballots shall be delivered with the returns to the county clerk.
(c) In addition to any other dutiesprescribed by law, election judges in precincts using an electronic votingsystem shall:
(i) Display facsimile diagrams of the votingdevice in the same manner as provided for voting machines;
(ii) Provide adequate instruction in the useof the voting device to each voter before he enters the voting booth.Additional instruction may be provided as specified by law.
22-11-105. Spoiled ballots.
Anyvoter who spoils his paper ballot or ballot card may return it and secure areplacement, but not more than twice. The word "Spoiled" shall bewritten across the face of the voided ballot, and it shall be placed in anenvelope for spoiled ballots. Spoiled ballots shall be delivered with thereturns to the county clerk.
22-11-106. Procedure after voter casts ballot.
Aftermarking his paper ballot or ballot card, the voter shall place the ballotinside the ballot envelope and return it to the judge. The judge shall removethe stub and deposit the envelope with the ballot inside in the ballot box. Theballot stub shall be deposited in an envelope provided for that purpose. Ballotcards from which the ballot stub has been detached by anyone except an electionjudge shall not be deposited in the ballot box, but shall be marked"Spoiled" and placed in the spoiled ballot envelope.
22-11-107. Failure of automatic tabulating equipment.
Ifthe automatic tabulating equipment fails during the ballot count, the countingboard shall use an alternate method of counting the ballots.
22-11-108. Retabulation.
Aretabulation may be performed at the discretion of the county clerk. If theretabulation indicates a different count, the result of the last retabulationshall be the official result unless a recount is conducted. If the differencein the retabulations affects the result of any race or ballot proposition, arecount under W.S. 22-16-109(a) shall be conducted.
22-11-109. Post election audit.
The county clerk shall conduct a randomaudit of ballots by processing the preaudited group of test ballots asdescribed in W.S. 22-11-104(b)(iii) on five percent (5%) of the automatedtabulating equipment for that county, but on not less than one (1) machine,within thirty (30) days of any election in which the tabulating equipment wasused.