Chapter 3 - Registration
CHAPTER 3 - REGISTRATION
22-3-101. When required; prior registration in effect.
(a) Registration is required before a person may vote.
(i) Repealed By Laws 1998, ch. 100, 5.
(ii) Repealed By Laws 1998, ch. 100, 5.
(iii) Repealed By Laws 1998, ch. 100, 5.
(b) Any voter legally registered prior toMay 25, 1973, is considered registered under the Election Code enacted in 1973.
22-3-102. Qualifications; temporary registration.
(a) A person may register to vote not less than thirty (30)days, and effective January 1, 2011 fourteen (14) days before an election, at any election specified in W.S. 22-2-101(a)(i) through (viii) or as provided byW.S. 22-3-117, who satisfies the following qualifications:
(i) He is a citizen of the United States;
(ii) He will be at least eighteen (18) years of age on the dayof the next general election provided he shall not be permitted to vote untilhe has attained the age of eighteen (18);
(iii) He is a bona fide resident of Wyoming as determined inaccordance with W.S. 22-1-102(a)(xxx);
(iv) He is not currently adjudicated mentally incompetent;
(v) He has not been convicted of a felony, or if convicted hashad his civil or voting rights restored.
(b) Repealed By Laws 2004, Chapter 94, 4.
(c) Repealed By Laws 1998, ch. 100, 5.
(d) An absent uniformed services or an overseas citizen voterwho is qualified to register by mail, to request an absentee ballot, and tovote in Wyoming is entitled to register by mail using the Federal PostcardApplication for the purpose of voting in one (1) election or as many as thenext two (2) federal election cycles, including the primary and general andspecial federal elections, but thereafter the voter's name shall be removedfrom the temporary registration list which shall be maintained as a segregatedpart of the voter registration list. The voter's name shall not appear on thepermanent official registry list until the voter has registered as provided inW.S. 22-3-103 and 22-3-104.
(e) The secretary of state is authorized to provide for theverification of certain voter registration data in accordance with thefollowing:
(i) The secretary of state and the director of the departmentof transportation shall enter into an agreement to match voter registrationdata with information maintained by the department regarding driver's licenses,in order to verify the information provided on applications for voterregistration;
(ii) The secretary of state and the attorney general shall enterinto an agreement to compare data in the voter registration system withinformation maintained by the division of criminal investigation regardingstate felony convictions in order to deny voter registration to, and removefrom voter registration lists, individuals who are not qualified electors;
(iii) The secretary of state and the director of the departmentof health shall enter into an agreement to match information in the voterregistration system with death records in the office of vital records serviceswithin the department of health in order to remove names of deceasedindividuals from voter registration lists;
(iv) The secretary of state and the state board of parole shallenter into an agreement to match information in the voter registration systemwith records regarding restoration of voting rights maintained by the stateboard of parole in order to verify voter qualifications;
(v) The secretary of state and the supreme court shall enterinto an agreement to match information in the voter registration system withother records in order to generate jury lists.
22-3-103. Furnishing of oath forms; contents thereof.
(a) The county clerk shall furnish voter registration oathforms to registry agents which forms shall require the following voterinformation from the applicant:
(i) His full legal name;
(ii) His current residence address or if living temporarily inanother state or nation, his last residence address in Wyoming;
(iii) His postal address if different from his residence address;
(iv) His date of birth;
(v) Acceptable identification as defined pursuant to W.S.22-1-102(a)(xxxix);
(vi) His Wyoming driver's license number, or if he has nocurrent, valid Wyoming driver's license, a statement to that effect and thelast four digits of his social security number, or if he has neither, astatement to that effect;
(vii) His political party affiliation, if any.
(viii) Repealed By Laws 2010, Ch. 3, 3.
(b) Following the provision of the information required insubsection (a) of this section, the form shall require the applicant'ssignature in full below the following oath:
I, ...., do solemnly swear (or affirm) thatI am a citizen of the United States; that I am a bona fide resident of thestate of Wyoming and this county; that I will be at least eighteen (18) yearsof age on or before the next election; that I am not .... now registered inanother county or state; that I am not currently adjudicated a mentallyincompetent person, that I have not been convicted of a felony, or if I havebeen convicted of a felony, I have had my civil or voting rights restored by acompetent authority; and that the voter registration information containedherein is true and accurate to my best knowledge and belief.
.... (Signature in full of applicant)
Subscribed and affirmed or sworn to beforeme by .... this .... day of ...., (year).
.... (Signature and title of registry agent
or person authorized to administer oaths)
(c) Persons in the uniformed services and overseas citizens, asspecified in W.S. 22-3-117, may swear or affirm to the oath under the penaltyof perjury. The oath does not require the signature of an oath-taking officer.
22-3-104. Methods of verification; signing oath; time for provingeligibility; registration locations.
(a) Repealed By Laws 2004, Chapter 94, 4.
(b) Repealed By Laws 2004, Chapter 94, 4.
(c) Repealed By Laws 1998, ch. 100, 5.
(d) An applicant may only register to vote in person or by mailat which time he shall provide the information required by W.S. 22-3-103(a) andsign the registration oath as required by W.S. 22-3-103(b).
(i) Repealed By Laws 2005, ch. 110, 2.
(ii) Repealed By Laws 2005, ch. 110, 2.
(iii) Repealed By Laws 2005, ch. 110, 2.
(e) Repealed By Laws 2005, ch. 110, 2.
(f) A person shall be registered to vote as follows:
(i) Registration before the secretary of state has certifiedthat the voter registration system is operational is effective upon receipt andacceptance by the county clerk or election judge of the completed and signedregistration oath subscribed by the registry agent or by a person authorized toadminister oaths if the voter is registering by mail;
(ii) Registration after the secretary of state has certifiedthat the voter registration system is operational is effective:
(A) At the polls for the purpose of voting. Upon verificationof the information, the voter shall continue to be registered. Upon failure ofverification, the voter's registration shall be revoked in accordance with W.S.22-3-105;
(B) For registration, other than at the polls, after the voterregistration information has been entered onto the voter registration systemand verified.
(g) On election day, applicants attempting to register who lackthe proof required under this section shall be offered provisional ballots inaccordance with W.S. 22-15-105 and permitted until the close of business on theday following the election to present documentation to the county clerkestablishing their eligibility to register and to vote in the precinct.
(h) An applicant may register to vote in person:
(i) In his proper polling place at any election specified inW.S. 22-2-101(a)(i) through (viii); or
(ii) In the office of the county clerk or city clerk in theprincipal office building of the county or city in the presence of the registryagent.
(j) A county or city clerk may establish and maintainregistration facilities in a public area owned or occupied by a politicalsubdivision or governmental institution, agency or entity, after giving notless than two (2) days notice by publication in a newspaper of generalcirculation in the county and by posting such notice in such clerk's office.The requirements of subsection (h) of this section regarding the place ofregistration shall not apply to a person registering in accordance with thissubsection.
22-3-105. Investigation of voter qualifications; striking names fromregistry; criteria; notice; appeal.
(a) The county clerk may investigate the qualifications of anyvoter registration, when he has reasonable cause to believe that the voter maybe unqualified. The county clerk shall, after a thorough investigation, strikefrom the voter registration lists the name of any person who is not qualifiedto be registered.
(b) Among the criteria he may use indetermining the qualifications of any person to be registered are thefollowing:
(i) Location of dwelling of registrant andfamily;
(ii) Occupation and location of employment;
(iii) Location of vehicle registration;
(iv) Driver's license;
(v) Property owned;
(vi) Any other residency qualificationseither provided by law or deemed reasonable by the clerk to render a judiciousdetermination.
(c) The clerk shall give immediate writtennotice by certified return receipt mail to any person who is deniedregistration.
(d) Any person who is denied registration has the right toappeal to a circuit court within the county or to the district court withinfive (5) days of the date of the notification. The appellant shall not berequired to obtain legal counsel for any such appeal.
(e) The court shall hear and decide any suchappeal within five (5) days from the date the appeal is received.
(f) The provisions of the WyomingAdministrative Procedure Act are not applicable to voter registration appeals.
22-3-106. Request for voter registration withdrawal; form.
If a voter registration applicant affirmsthat he is registered in another county or state, the registry agent shallrequire that the applicant make a written withdrawal of voter registration fromanother county or state on the Wyoming registration application.
22-3-107. Information registry agent may enter on registration form.
Theregistry agent may determine and enter on a voter registration oath form the votingdistrict number, polling precinct number, school district number, housedistrict number and senate district number after the applicant signs the form.
22-3-108. Official registry list information.
(a) The official registry list shall containat least the following information as to each registered elector:
(i) Name in full;
(ii) Residence by street number and name, ifany;
(iii) Voting district and precinct numbers;
(iv) Party affiliation, if declared;
(v) House and senate district numbers;
(vi) Date of birth; and
(vii) The elector's Wyoming driver's license number, or if theelector has no Wyoming driver's license, one (1) of the following uniqueidentifying numbers:
(A) The last four (4) digits of the elector's social securitynumber, or if the elector also has no social security number;
(B) A unique identifying number generated by the state.
(b) The official registry list may containthe following information as to each registered elector:
(i) Repealed By Laws 2004, Chapter 94, 4.
(ii) County of residence;
(iii) Date of registration;
(iv) Repealed By Laws 2004, Chapter 94, 4.
(v) Name of municipal corporation of residence, if any;
(vi) Number of school district of residence;
(vii) Mailing address;
(viii) Gender; and
(ix) Telephone number, if any.
(c) The county clerk may maintain within the election recordsthe social security numbers of registered electors for identification purposes.
22-3-109. Certification and transmittal of poll lists; posting ofregistry lists.
(a) Not less than ten (10) days before any election, the countyclerk shall certify and transmit to the officer in charge of each election athis request the necessary poll lists for the precincts or areas involved in theelection. Not less than ten (10) days prior to the primary and generalelections the county clerks shall deliver three (3) copies of the poll listsfor each precinct in the county to the county chairman of each political partyin the respective counties.
(b) The county clerk shall publicly post in a prominent placeat the county courthouse one (1) copy of the registry list for each precinct.
22-3-110. Expense of preparing poll lists.
The expense of preparing poll listsrequired by law to be provided by the county clerk in combined statewidepolitical subdivision elections, shall be shared on an equitable basis by thegovernmental entities participating in the election. The expense of preparingother poll lists shall be paid by the entity holding the election.
22-3-111. Preparation and contents of pollbooks.
(a) The county clerk shall prepare the necessary pollbooks foreach precinct for statewide and political subdivision elections held on thesame date. The precinct pollbooks shall contain the poll lists, the oaths ofjudges of election, certificate of ballots, and a tally sheet if ballots arehand counted. On the cover of the pollbook shall be printed the words"Pollbook", the election and date of the election, the votingdistrict and precinct numbers.
(b) Pollbooks shall be prepared for special district electionsby the officials in charge of such elections. The county clerk shall furnishpoll lists as required and requested by such officials.
22-3-112. Pollbook distribution; entering information.
Beforethe polls open, the county clerk shall distribute the precinct pollbooks to thejudges of election in the respective precincts. The judges of election shallenter in pollbooks all information required by law.
22-3-113. Disposition of pollbooks after polls close.
After the polls are closed and thepollbooks are made to agree, the judges of election in each precinct shallreturn one (1) pollbook containing one (1) copy of each of the poll lists tothe county clerk, together with the election returns, and retain one (1) copyof each poll list in their possession. Judges of election may discard polllists in their possession two (2) years after the election to which the polllists pertain or in the event of litigation, at the conclusion of the litigation,whichever date is later.
22-3-114. Notification by registered elector of name or addresschange.
A registered elector who changes his nameor changes his residence from one address to another within the same countyshall notify the county clerk of the change, including in the notification thename, address, precinct and social security number (optional) under whichregistered and the nature of the change.
22-3-115. Grounds for cancellation of registration.
(a) A registered elector's registration shallbe cancelled for any one (1) of the following reasons:
(i) Failure to vote in any general election;
(ii) Death;
(iii) Removal of residence from the county orstate more than thirty (30) days prior to an election;
(iv) Disqualification to vote;
(v) Receipt of notification that the elector has registered tovote in another jurisdiction;
(vi) Upon written request of the elector.
(b) A registered elector's registrationshall not be cancelled if the elector in any general election requested anabsentee ballot which was rejected.
22-3-116. Notice of intent to cancel registration.
Whenthe county clerk has information that a registration should be cancelled, heshall mail a notice of intent to cancel to the elector at his address on the registrylist stating the reason for cancellation. The notice shall state thatcancellation shall occur within twenty (20) days unless the elector asks thathis name remain on the registry list. A copy of the notice of cancellationshall be retained by the county clerk for three (3) years. A notice is notrequired if the clerk has received a receipt of notification that the electorhas registered to vote in another jurisdiction or if the elector requestedcancellation in writing.
22-3-117. Absentee registration generally; use of federal postcard.
(a) Notwithstanding any other section or provision in thischapter, any citizen of the United States who is a resident of Wyoming mayapply for registration by providing the information required by W.S. 22-3-103(a)and acceptable identification to and completing and subscribing, the form ofvoter registration oath prescribed by W.S. 22-3-103(b) before any personauthorized by law to administer oaths. Each county clerk shall furnish thevoter registration oath forms. The applicant shall mail or return thecompleted voter registration oath form to the county clerk in the county inwhich the applicant resides. In order to vote in the next election, theapplication must be received in the county clerk's office before the close ofregistration for that election, or:
(i) Be received by mail and processed by the county clerkduring the closed period described in W.S. 22-3-102(a) if it is accompanied byan absentee ballot request for elections where a voter may register at thepolls;
(ii) Be made at the county clerk's office during the closedperiod described in W.S. 22-3-102(a) if the voter simultaneously votes at thecounty clerk's office; or
(iii) Be made and processed at the absentee polling place duringthe closed period described in W.S. 22-3-102(a) if the voter simultaneouslyvotes at the absentee polling place established for that purpose pursuant toW.S. 22-9-125.
(b) Under the Uniformed and Overseas Citizens Absentee VotingAct, 42 U.S.C. 1973ff (2002) the following persons shall be allowed tosimultaneously register and make application for an absentee ballot through theuse of the Federal Postcard Application (FPCA), provided those persons areresidents of this state or in the case of overseas citizens, they were lastdomiciled in Wyoming immediately prior to their departure from the UnitedStates and are not registered to vote in any other jurisdiction:
(i) Members of the uniformed services and their spouses anddependents residing with them;
(ii) Overseas citizens and their spouses and dependents residingwith them;
(iii) Citizens temporarily residing outside of the United States,and their spouses and dependents residing with them; and
(iv) Any other person to whom federal lawrequires this privilege be extended.
(c) Registration through the Federal Postcard Applicationconstitutes temporary registration for the purpose of voting in one (1)election or through as many as the next two (2) federal election cycles,including the primary and general and special federal elections, and theregistration of such a registrant shall be maintained as provided in W.S.22-3-102(d). The Federal Postcard Application shall be accepted if completedand signed by the applicant under penalty of perjury.
(d) If any person specified in subsection (b) of this sectiondesires permanent registration, that person shall provide the informationrequired by W.S. 22-3-103(a) and subscribe to the voter registration oathprescribed by W.S. 22-3-103(b). The oath shall be self-administered underpenalty of perjury and notwithstanding W.S. 22-3-104 does not require thesignature of an oath-taking official.
22-3-118. Proof of identity.
(a) Unless a voter is challenged pursuant to W.S. 22-15-101through 22-15-109, no identification shall be required when:
(i) Voting in person or by mail after having registered inperson; or
(ii) Voting in person or by mail after having registered by mailand having previously voted in a Wyoming federal election.
(b) Prior to voting, when a voter has registered by mail and isvoting in person in his first Wyoming federal election, he shall provide:
(i) A current, valid photo identification; or
(ii) A copy of a current utility bill, bank statement, paycheck,government check or other government document which shows his name and address.
(c) When a voter has registered by mail and he is voting bymail in his first Wyoming federal election, he shall submit with his absenteeballot:
(i) A copy of a current, valid photo identification; or
(ii) A copy of a current utility bill, bank statement,government check, paycheck, or other government document which shows his nameand address.
(d) Voters who are unable to provide the required proof underthe applicable provisions of subsections (b) and (c) of this section shall beoffered provisional ballots in accordance with W.S. 22-15-105 and permitteduntil the close of business on the day following the election to presentdocumentation to the county clerk establishing their eligibility to vote in theprecinct.
(e) The provisions of this section shall not apply to electionsconducted pursuant to chapter 29 of this Election Code.
(f) As used in this section "Wyoming federalelection" means a primary election, general election or a special electionfor federal office held in this state.