Chapter 9 - Absentee Voting
CHAPTER 9 - ABSENTEE VOTING
22-9-101. Duty to assist absent electors to vote.
Thestate and county selective service boards, all military organizations, theadjutant general, citizens and officers of this state are charged with the dutyof cooperation with election officials and absent electors to assist absentqualified electors to vote in all elections.
22-9-102. Who may vote by absentee ballot.
(a) Any qualified elector may vote byabsentee ballot.
(b) A qualified elector who leaves the state with the intent tomake his residence elsewhere may vote by absentee ballot in Wyoming until hehas met the residency requirement in his new state of residence.
22-9-103. Where to apply.
Applicationsfor an absentee ballot for any election to which this Election Code applies shallbe made to the appropriate county clerk.
22-9-104. How to apply; information required.
(a) A qualified elector may apply for anabsentee ballot either in person, in writing, or by telephone, by furnishingthe following information:
(i) Name in full, social security number (optional), date ofbirth, and current Wyoming residence address by street, city, county, and zipcode or last Wyoming residence address and month and year of leaving Wyoming tolive temporarily in another state or nation, if applicable;
(ii) The election for which the absenteeballot is requested;
(iii) If a primary election, the politicalparty ballot if desired;
(iv) A statement that applicant is entitledto vote in the election;
(v) If not obtained in person by the elector, the address towhich the absentee ballot is to be mailed or the name of the individual theelector designates in writing to deliver the ballot to the elector.
(b) If the foregoing information is receivedother than in writing, the clerk receiving the same shall reduce it to writing.
(c) Request for a ballot may be made onbehalf of an absentee qualified elector if the prescribed information isfurnished.
(d) No organization or person on behalf of an organizationshall obtain an absentee ballot for an elector.
22-9-105. Application.
Aqualified elector may apply for an absentee ballot at anytime during thecalendar year in which the election is held, but not on the day of theelection.
22-9-106. Qualified absentee voter; written notification if rejected.
The clerk shall mark each completedabsentee ballot application with the date of receipt. The clerk shall thendetermine if the applicant is properly qualified to vote. If the applicant isnot entitled to vote, the clerk shall not issue a ballot to him and shall markthe application "rejected" and file it in a file separate fromapplications which are accepted. If an application is rejected, the clerk shallimmediately notify the applicant in writing of the reason for rejection.
22-9-107. Delivering ballots to qualified applicants.
If the clerk determines that the applicantis entitled to vote, he shall mark the application "Accepted" and assoon as ballots are available he shall immediately deliver to the applicant, orthe individual designated by the applicant, the absentee ballot or ballotsrequested, instructions for marking the ballot and the required envelopes foruse in returning the ballot.
22-9-108. Absentee ballot record; information to be entered.
(a) For each election, the clerk shall keep an "AbsenteeBallot Record" in which he shall enter the following information:
(i) The name, voter registration number and residence addressof each absentee ballot applicant, and the ballots requested by each;
(ii) The date of receipt of each application;
(iii) Whether the application was accepted orrejected;
(iv) The applicant's district and precinctnumber;
(v) The name of the individual to whom the ballot was deliveredor the address to which the ballot was mailed, the date of delivery or mailing,and the type of ballot or ballots delivered or mailed;
(vi) The date the completed ballot wasreceived by the clerk.
22-9-109. Form of absentee ballot.
The absentee ballot shall be in the sameform prescribed by law for the official ballot or a reasonable printedreproduction of the prescribed form for electronic ballots.
22-9-110. Form of absentee ballot envelopes; distribution.
(a) The secretary of state shall prescribethe form, and distribute to the clerks responsible for the respective electionsa supply of the following official envelopes:
(i) The official inner ballot envelope foruse in sealing and returning the completed absentee ballot;
(ii) The official outer envelope for use bythe clerk in distributing absentee ballot materials.
(b) Repealed by Laws 1991, ch. 243, 5.
22-9-111. Affidavit to be printed on inner envelope; attestation.
(a) Repealed by Laws 1991, ch. 243, 5.
(b) For all voters, as specified in W.S. 22-9-105, an oath meetingthe following requirements shall be printed on the reverse side of the innerballot envelope:
(i) The elector shall print his full name;
(ii) The elector shall provide his current residence address orif living temporarily in another state or nation, his last residence address inWyoming;
(iii) The elector shall provide his district and precinctnumbers;
(iv) Under the above information shall be the following:
(A) "I hereby swear or affirm, under penalty of perjury,that I am entitled to vote in the precinct at the next election and that I havenot voted and will not vote again in this election, and that the aboveinformation is true and correct.
....(Date)
....(Signature ofelector)"
22-9-112. Instructions on outer envelope.
(a) Repealed by Laws 1991, ch. 243, 5.
(b) For all electors, as specified in W.S.22-9-105, the following shall be printed on the reverse side of the outerenvelope in red ink:
INSTRUCTIONS
This isyour absentee ballot. To vote, mark the ballot in secret, then sign theaffidavit on the back of the inner ballot envelope and mail or deliver theinner ballot envelope to the county clerk.
22-9-113. Completing and return of ballot.
Uponreceipt, a qualified elector shall mark the ballot and sign the affidavit. Theballot shall then be sealed in the inner ballot envelope and mailed ordelivered to the clerk.
22-9-114. Receipt by clerk; generally.
The clerk shall mark on each completedinner envelope the date and time of receipt and enter this information in theabsentee ballot record. From information contained in the affidavit or fromother reliable sources, the clerk shall determine the district and precinctwhere the ballot shall be voted and shall write the number of the district andprecinct on the inner envelope.
22-9-115. Receipt by clerk; handling procedure.
(a) After an absentee ballot has been accepted by the clerk, itshall not be returned to the voter.
(b) The clerk shall place completed absentee ballot envelopesin a large precinct envelope for the precinct in which they shall be voted andkeep custody of them until they are delivered to the precinct or the designatedcounting center. The clerk shall endorse on the precinct envelope the numberof the district and precinct and the words "Envelope contains ballots ofabsentee qualified electors and shall be opened only on election day at thepolls when the polls are open" and shall affix his signature, officialtitle, and seal the envelope.
22-9-116. Duplicate precinct lists; generally.
Theclerk shall make in duplicate a precinct list indicating the names of electorsvoting an absentee ballot in the precinct.
22-9-117. Duplicate precinct lists; handling procedure.
Theduplicate list of absentee precinct electors shall be placed in the precinctenvelope with the absentee ballots. The precinct envelope shall be sealedbefore being delivered to the precinct polling place.
22-9-118. Delivery of absentee ballots and duplicate list toprecincts.
Theclerk shall oversee the delivery of the sealed envelope containing absenteeballots and the duplicate list of absent electors to each precinct pollingplace before the polls are opened. Absentee ballots returned to the countyclerk not later than 7:00 p.m. on election day shall be counted.
22-9-119. Late absentee ballots.
Anabsentee ballot received by the clerk after the polls close shall not be voted.The clerk shall write on the inner envelope of such late absentee ballot"Rejected - received after the polls closed". These late ballotsshall be kept by the clerk for at least two (2) years after the election orlonger if required by federal law and then destroyed.
22-9-120. Receipt of absentee ballots and lists by judges.
When the absentee ballots are delivered tothe polls and the polls are open, the judges of election shall open theprecinct envelope and determine whether the ballots therein correspond to thenames on the enclosed duplicate list. If they do, the judges shall retain one(1) list permanently, sign the other and return it in receipt to the clerk. Theclerk shall retain his list in the absentee ballot record.
22-9-121. Examination of absentee ballot affidavit; rejection; votingballots.
(a) After the judges of election are swornin and as activity permits, the judges shall examine the affidavit on theabsentee ballot envelope to determine if it is legally sufficient.
(b) If it is not, they shall write on theunopened inner envelope "REJECTED" and reasons for rejection. Arejected ballot envelope and the ballot therein shall be returned to the clerkwho delivered it and retained by the clerk as required by state and federal lawor until the final termination of any court action in which it may be involved,whichever is later, and then destroyed.
(c) If it is sufficient:
(i) In a paper ballot precinct, the name ofthe absent elector shall be entered in the pollbook, the inner ballot envelopeshall be opened by a judge of election and the ballots therein shall be removedand stamped with the regular rubber stamp and initialed by a judge of election.The ballot shall then be placed in the regular ballot box by a judge ofelection;
(ii) In a voting machine precinct, the innerballot envelope shall be opened after the judges are sworn in and as activitypermits, the ballots therein removed and stamped with the regular rubber stamp,initialed by a judge of election, and each ballot deposited in its proper box.After the absentee ballots have been so deposited, they shall be mixed withinthe box, removed from the box and once the polls open and as activity permits,voted on a voting machine in the following manner: A judge of election shallread the vote for each candidate and ballot proposition. A judge of a differentpolitical party affiliation shall record the vote as read on the machine. Athird judge shall observe this procedure to see that the vote is correctlycast.
22-9-122. Return of inner ballot envelopes.
Theopened inner ballot envelopes shall be returned to and retained by the clerk.
22-9-123. Multiple voting prohibited.
A person shall not vote by absentee ballotand in person at the same election. If more than one (1) absentee ballot isreceived by a clerk from the same person for the same election, only the firstballot received shall be counted.
22-9-124. Violations.
Ifa person violates the provisions of this chapter outside the state of Wyoming,he shall be punishable as though the violation had occurred within the stateand may be prosecuted in the county where the absentee ballot was delivered ormailed to the clerk.
22-9-125. Alternate procedures for collecting and counting absenteeballots.
(a) The board of county commissioners may elect to adopt one(1) or both of the following alternate procedures for casting, collecting and countingabsentee ballots:
(i) Direct that absentee ballots shall be delivered to andcounted by at least three (3) judges appointed for that purpose under W.S.22-8-107 instead of the procedures specified in this chapter for the deliveryof absentee ballots to the separate precincts or designated counting centers. However, if this alternate procedure is used, the judges shall record theresults by precinct and shall immediately certify the results to the secretaryof state and the county clerk;
(ii) Direct that an absentee polling place may be established inthe courthouse or other public building which is equipped to accommodate votersfrom all districts and precincts within the county and shall be open the samehours as the courthouse on normal business days during the time period allowedfor absentee voting.
(b) In the case of electronic voting systems using eitheralternate procedure provided in subsection (a) of this section, the ballots maybe tabulated automatically and the ballot counts shall be entered at thedesignated counting center at the time the polls close on election day.
(c) If either alternate voting procedure provided in subsection(a) of this section is sought to be used, the secretary of state is authorizedto adopt rules and regulations to guard against abuses of the electivefranchise to include such matters as contained in W.S. 22-26-113 through22-26-115.