Chapter 8 - Judges Of Election And Counting Boards
CHAPTER 8 - JUDGES OF ELECTION AND COUNTING BOARDS
22-8-101. Notice of election officials needed; county chairmen tosubmit list of names; municipal clerks list of names appointment.
(a) Not later than the third Tuesday of April in each generalelection year, each county clerk shall notify the county chairmen of the majorand minor political parties in the county of the number of election judges andcounting board members and alternates needed for the ensuing two (2) year term.
(b) Not later than the third Tuesday of May in each generalelection year the county chairman of each major and minor political party ineach county may certify to the county clerk a list of registered electorsresiding in the county and affiliated with the party, and a list of persons whoare at least sixteen (16) years of age who otherwise meet all requirements forqualification as an elector, who are willing to serve as a judge of election oras a member of a counting board.
(c) Not later than the third Tuesday of May in each general electionyear municipal clerks may submit to the county clerk a list of registeredelectors, and a list of persons who are at least sixteen (16) years of age whootherwise meet all requirements for qualification as an elector, residing inthe municipality they represent who are willing to serve as a judge of electionor as a member of a counting board.
(d) Not later than June 30, the county clerk on each generalelection year shall appoint judges of election and counting boards andalternates from lists submitted by the county chairmen of the major and minorpolitical parties.
(e) If the list of nominees for judges of election and membersof counting boards provided by the county chairman is insufficient, the countyclerk shall consider the list submitted by the municipal clerks and may appointany elector otherwise qualified to be a judge of election or a member of acounting board.
22-8-102. Qualifications.
Except as otherwise provided by thissection, judges of election and members of counting boards shall be registeredelectors and shall be physically, morally and mentally competent to performtheir duties. The county clerk may appoint persons who are at least sixteen(16) years of age to serve as judges of election or members of counting boardsif such persons meet all other requirements for qualification of an elector. Ajudge of election shall not be a member of a counting board at the sameelection except as provided by W.S. 22-8-108(d).
22-8-103. Terms.
Judgesof election and members of counting boards serve for two (2) years or untiltheir successors are appointed.
22-8-104. Repealed by Laws 1985, ch. 119, 2.
22-8-105. Repealed By Laws 1998, ch. 100, 5.
22-8-106. Number of judges in each precinct.
Atleast three (3) judges shall be appointed for each precinct. Additional judgesmay be appointed in a precinct as determined necessary by the county clerk.
22-8-107. Absentee ballot counting boards.
Ifthe alternate procedure for counting absentee ballots described in W.S. 22-9-125is used, at least three (3) judges shall be appointed as an absentee ballotcounting board in the same manner as other election judges are appointed. Thesejudges shall determine legality of absentee ballots and count absentee ballotsor in the case of electronic voting systems, the ballots shall be counted atthe designated counting center.
22-8-108. Appointment, composition and authority of counting boards;when judges to count.
(a) The county clerk shall appoint a counting board for eachpaper ballot precinct casting more than three hundred (300) votes at the lastgeneral election, and may appoint a counting board in such a precinct in whichone hundred fifty (150) or more such votes were cast at such election. Acounting board shall have three (3) members or more to facilitate the countingof votes. No more than one (1) person under the age of eighteen (18) may beappointed as to each counting board.
(b) A counting board shall be appointed for each designatedcounting center in each county using an electronic voting system. The boardshall consist of at least seven (7) members who shall be the county clerk orhis designated deputy, and three (3) members of each major political partyappointed by the county clerk. Additional members may be appointed by thecounty clerk if deemed necessary by the county clerk but equal major partymembership shall be assured. No more than one (1) person under the age ofeighteen (18) may be appointed as to each counting board.
(c) The counting board in a paper ballotprecinct has no authority to act until polls are declared closed. A countingboard in an electronic voting system counting center may commence preparingabsentee ballots for counting at any time on the day of the election.
(d) For a precinct where a counting boardneed not be appointed, the judges of election shall count the votes.
22-8-109. Party representation.
Judgesand members of counting boards shall be divided between the participatingpolitical parties as nearly equal as possible.
22-8-110. Notice of appointment.
The county clerk shall immediately mail anotice of appointment to each person selected to serve as a judge of electionor a member of a counting board or alternate. The notice shall also state thatattendance at the training school for election officials is required unlesssimilar training is otherwise completed to the satisfaction of the countyclerk.
22-8-111. Acceptance of appointment.
Witheach notice of appointment mailed by the county clerk there shall be a form foracceptance of the appointment. Each appointee shall file his acceptance withthe county clerk within twelve (12) days after the acceptance form is mailed bythe county clerk. Failure of an appointee to file an acceptance within twelve(12) days results in a vacancy.
22-8-112. Filling vacancies.
(a) Any vacancy occurring prior to an election day shall befilled by the county clerk from the list of alternates. If no alternates exist,any elector who is qualified may be appointed. Any expedient method of noticeof appointment to the county clerk and to the appointee may be used. Vacanciesmay be filled temporarily or for the term.
(b) If a judge is not present when polls open, or is unable tocomplete his duties, the vacancy shall be filled by a registered electorappointed by those judges present at the precinct polling place when thevacancy occurs and approved by the county clerk. If a member of a countingboard is not present when the polls close, or is unable to complete his duties,the vacancy shall be filled by a registered elector appointed by those membersof the counting board who are present.
22-8-113. Training schools; generally and payment for attending.
Notlater than four (4) days before the primary and general election, the countyclerk under the direction of the secretary of state shall conduct a trainingschool for judges of election and members of counting boards to provideinstruction in the performance of their duties. The training school, which isalso open to the public, shall be held at the times and places announced by thecounty clerk, and the secretary of state shall prescribe the minimum curriculumfor the school. Additional schools may be held at the discretion of the countyclerk. Unless training is otherwise provided to the satisfaction of the countyclerk, all judges of election and members of counting boards are obligated toattend at least one (1) such school. All judges and members of the countingboard shall be paid not less than five dollars ($5.00) nor more than twenty-fivedollars ($25.00) as determined by the board of county commissioners forattending a school.
22-8-114. Training schools; mileage payment and certificate.
Judgesof election and members of counting boards and their alternates will be paidmileage in excess of five (5) miles at the rate authorized for county employeesfor attendance at training schools. The county clerk shall issue a certificateto all election officials and alternates who attend the school. Thiscertificate expires two (2) years from the date of issue.
22-8-115. Oath for election officials.
(a) An election official shall subscribe tothis oath in writing before entering upon his duties at each election:
"I do solemnlyswear (or affirm) that I will impartially and to the best of my knowledge andability perform the duties of my office. I will studiously endeavor to preventall frauds, deceit and abuse in the application of the election laws of thisstate."
(b) The oath shall be taken before the county clerk, his deputyor a previously sworn judge of election.
22-8-116. Compensation.
Judgesof election and members of counting boards shall be compensated for services ata rate to be determined by the board of county commissioners at the Junemeeting and stated on the notice sent to each nominee. The rate shall be notless than the state minimum wage. Compensation shall begin one (1) hour beforea member assumes his duties. The election official who delivers the returnsshall receive additional compensation for necessary travel beyond ten (10)miles at the rate authorized for county employees. If a flat rate is paid, saidsum shall not be less than the state hourly minimum wage multiplied by thenumber of hours the polls are open plus one (1) hour.