Chapter 15 - Challenging

CHAPTER 15 - CHALLENGING

 

22-15-101. Right to vote may be challenged.

 

Registrationis evidence of a person's right to vote at any election, but this right may bechallenged at the polls in the manner prescribed by law.

 

22-15-102. Repealed By Laws 1998, ch. 100, 5.

 

22-15-103. Repealed By Laws 1998, ch. 100, 5.

 

22-15-104. Grounds for challenge.

 

(a) A person offering to vote may bechallenged for the following reasons:

 

(i) Not a qualified elector;

 

(ii) Not entitled to vote in the precinct;

 

(iii) Name does not appear on poll list and the person cannotmeet the requirements to register at the polls;

 

(iv) Not the person he represents himself tobe;

 

(v) Has already voted.

 

22-15-105. Challenged person may vote; generally.

 

(a) If a person offering to vote is challenged, and thechallenge is not resolved in accordance with W.S. 22-15-106, an election judgeshall offer the voter a ballot clearly marked "provisional" and whichcannot be automatically tabulated.

 

(b) A person challenged on any ground may vote by provisionalballot, if he subscribes this oath in writing before a judge of election:

 

"I dosolemnly swear (or affirm) that I am the person I represent myself to be andthat I am a qualified elector entitled to vote in this precinct at thiselection and that this is the only ballot I have or will vote in thiselection.".

 

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Signature of voter

 

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Signature of judge

 

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Precinct andDistrict No.

 

(c) The oath required by this section shall be printed on theprovisional ballot envelope.

 

(d) A challenged voter may present information anddocumentation of his eligibility to register at the election or to vote to thecounty clerk until the close of business on the day following the election. Anyinformation presented shall be considered by the canvassing board indetermining the voter's eligibility to register at the election or to vote andwhether to open and count his provisional ballot. The provisional ballot shallbe counted only after the voter has, by presenting documentation required underthis code to the county clerk, established he had previously registered and isa qualified elector or he was eligible to register at the election and is aqualified elector.

 

22-15-106. Where name not on poll list.

 

A person challenged on the ground that hisname does not appear on the poll list may vote if a judge of election obtainsverification from the county clerk that the person is entitled to vote in thatelection within that county.

 

22-15-107. Repealed by Laws 2002, Ch. 18 3.

 

22-15-108. Duty of judges to challenge.

 

Itis the duty of the judges to challenge electors whenever existence of legalgrounds for doing so is known or apparent to the judges.

 

22-15-109. Poll watchers; certification; qualification; authority;removal.

 

(a) The county chairman of each political party may certifypoll watchers prior to the day of the election to serve in each precinct. Notmore than one (1) poll watcher from each political party may servesimultaneously unless the chief judgedetermines that one (1) additional poll watcher from each political party maybe accommodated in the polling premises without disrupting the polling process.

 

(b) A poll watcher shall belong to the political party herepresents and shall be a registered elector residing in the county. A pollwatcher shall serve only at the precinct designated on the certificate. A pollwatcher is authorized to observe voter turn out and registration and may makewritten memoranda but shall not challenge voters, conduct electioneeringactivities or disrupt the polling process.

 

(c) The chief judge may remove a poll watcher from the pollingpremises for disturbing the polling place, or for any other violation of theElection Code.