State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter16

CHAPTER 16 - CANVASS AND RECOUNT

 

22-16-101. County canvassing board; compensation.

 

Thecounty canvassing board is the county clerk and two (2) electors of differentpolitical parties resident in the county appointed by the board of countycommissioners. The two (2) electors shall receive the same compensation aselection judges.

 

22-16-102. Abstract of vote; returns not filed.

 

 

(a) The county clerk shall prepare anabstract of the vote of all precincts in the county following a county primary,special or general election.

 

(b) The county clerk shall send a messengerto obtain returns not filed in his office within a reasonable length of time.

 

22-16-103. County canvass procedures.

 

(a) Prior to the county canvass, the county clerk shall:

 

(i) Examine the poll books, tally sheets, precinctcertifications and oaths of election officials;

 

(ii) Summarize the number of votes cast in each precinct forevery candidate appearing on the ballot and the total votes cast for write-incandidates, and upon each ballot proposition;

 

(iii) Count write-in votes by candidate if the total vote forwrite-in candidates may affect the result of an election. For offices electedfrom districts involving more than one (1) county, the secretary of state shalldirect the county clerks to count write-in votes by candidate if on the basisof unofficial returns it appears the total write-in votes may affect the resultof an election.

 

(b) Repealed by Laws 2002, Ch. 18 3.

 

(c) The county canvassing board shall:

 

(i) Meet as soon as all returns have been received andabstracted, but if any provisional ballots have been cast in the county, notbefore the time has passed for provisional voters to document their eligibilityto register or to vote. The board shall meet at a time and place designated bythe county clerk, but no later than the first Friday following the election;

 

(ii) Perform or review a reconciliation of the ballots byprecinct;

 

(iii) Review and determine the eligibility of provisional votersto register at the election if not previously registered and to vote anddetermine whether their provisional ballots may be opened and counted. Thecanvassing board shall meet in executive session when necessary to protect theconfidentiality of ballots and of a voter's confidential personallyidentifiable information;

 

(iv) Count and tabulate the votes on the provisional ballotswhich were determined to have been cast by qualified electors;

 

(v) Review and certify the abstracts after the validity ofprovisional ballots have been determined and discrepancies and ties have beenresolved;

 

(vi) Review and certify successful write-in candidates afterdetermination of the number of votes for candidates and verification ofcandidate qualification;

 

(vii) Cause minutes of the meeting to be taken, signed by thecanvassing board and filed with the county clerk.

 

(d) The precinct returns of the municipal primary electionshall be canvassed by the county canvassing board, which shall certify theresults of such in writing to the county clerk and municipal clerk.

 

22-16-104. Repealed by Laws 2002, Ch. 18, 3.

 

 

 

22-16-105. Tie votes.

 

Atie vote shall be decided at an open meeting by lots cast by the countycanvassing board or other authority holding the election, except in electionsfor members of the state legislature, which shall be determined as provided inW.S. 22-16-119.

 

22-16-106. Write-in candidates.

 

(a) Each write-in candidate nominated or elected at a primaryelection, who has not previously filed an application, accepts by filing anapplication for nomination and paying the filing fee, in the office in which hewould have been required to file an application for that office.

 

(b) The chief election officer shall notify write-in candidateswho have been nominated for election within forty-eight (48) hours after thecanvassing board meets. Notification may be made by United States postalservice, any generally accepted business document delivery method evidenced byreceipt of delivery or attempted delivery at the last known address of thewrite-in candidate or service as provided under the Wyoming Rules of CivilProcedure. Failure of the successful write-in candidate to accept thenomination within five (5) days, as computed pursuant to W.S. 22-2-110, ofproof of service or attempted delivery results in the successful write-incandidate not appearing on the general election ballot, but does not result ina vacancy which can be filled.

 

(c) Any person may request to have the votes cast for anywrite-in candidate, whose votes did not affect the election, counted by filinga request with the appropriate election officers not later than two (2) daysafter the election in which the write-in votes occurred.

 

22-16-107. Certified results.

 

Thecertified results of the county canvass shall be posted in the office of thecounty clerk and copies made available to interested persons.

 

22-16-108. Results furnished secretary of state.

 

Immediatelyupon completion of the county canvass, the county clerk shall notify thesecretary of state of the election results. A copy of the county abstract,after being certified by the county canvassing boards, shall immediately bedelivered by the county clerk to the secretary of state. The secretary ofstate shall provide procedures for such transmittal and notification throughrule and regulation.

 

22-16-109. Recounts.

 

(a) The county canvassing board shall make a recount ofprecinct votes if it appears to the board that a recount is required due toirregularities in that precinct.

 

(b) There shall be a recount made of all the votes cast for anyoffice in which the difference in number of votes cast for the winningcandidate receiving the least number of votes and the number of votes cast forthe losing candidate receiving the greatest number of votes is less than onepercent (1%) of the number of votes cast for the winning candidate receivingthe least number of votes cast for that office. This recount shall be made inthe entire district in which the candidates are standing for election.

 

(c) There shall be a recount made of all the votes cast for anyoffice if a losing candidate requests one under provision of W.S. 22-16-110.This recount shall be made in the entire district in which the candidate isstanding for election.

 

22-16-110. How candidate may obtain recount; where affidavit filed.

 

 

(a) A candidate may obtain a recount ofvotes for the office he is seeking by making and filing an affidavit allegingthat fraud or error occurred in counting, returning or canvassing the votescast in any part of the district in which he is standing for election. Theaffidavit shall be filed in the same office the candidate filed his applicationfor nomination:

 

(i) Not later than two (2) days after thecounty canvass has been completed if the office is certified by the countycanvassing board;

 

(ii) Not later than two (2) days after thestate canvass has been completed if the office is certified by the statecanvassing board.

 

22-16-111. Recount of ballot proposition.

 

 

(a) A recount of votes of a ballotproposition may be obtained in one (1) of the following manners:

 

(i) A recount will be made if theproposition receives a number of votes, greater or lesser, within one percent(1%) of the number of votes required for passage. The one percent (1%) varianceshall be calculated based upon the total number of votes cast on theproposition, except for constitutional amendments in which case the varianceshall be calculated based upon the total number of votes cast in the election;

 

(ii) A recount will be made if requested inan affidavit signed by twenty-five (25) electors registered in a districtvoting on the question. The affidavit shall be filed with the county clerk notlater than two (2) days after the county canvass has been completed forpropositions voted on in one (1) county, and with the secretary of state notlater than two (2) days after the state canvass has been completed forpropositions voted on in more than one (1) county. The affidavit shall beaccompanied by a deposit of one hundred dollars ($100.00).

 

(b) The county in which the recount is takenshall pay the costs of the recount if the recount is required by subsection(a)(i) of this section; and the signers of the affidavit referred to insubsection (a)(ii) of this section shall be jointly and severally liable forthe costs of the recount requested by them up to five hundred dollars ($500.00)per county recounted if the results of the election are not changed by therecount.

 

(c) The result of the recount shall be theofficial result of the election.

 

22-16-112. Precincts to be recounted; recount official result.

 

(a) The number of precincts to be recounted shall be asfollows:

 

(i) If the recount is requested by a candidate, all precinctsin which that candidate was voted upon for that office shall be recounted;

 

(ii) If the recount is required by W.S. 22-16-109(b), allprecincts in which that candidate was voted upon for that office shall berecounted;

 

(iii) If the recount is initiated by the state or countycanvassing board because of possible irregularities in the counting of votes ina precinct, the recount shall be made in the precincts designated by thecanvassing board initiating the recount.

 

(b) If the recount indicates a different vote, the result ofthe recount shall be the official result.

 

(c) In no event shall a county clerk certify the recountresults later than seventy-two (72) hours after the recount is requested.

 

22-16-113. Recount deposit; expense of recount.

 

Anaffidavit requesting a recount must be accompanied by a deposit of one hundreddollars ($100.00). If the recount shows sufficient error to change the resultof the election, the county in which the recount is taken shall pay expenses ofthe recount and the deposit shall be returned. Otherwise the applicant orapplicants seeking the recount shall be liable for the actual cost ofconducting the recount up to a maximum of five hundred dollars ($500.00) percounty recounted. Every county clerk shall issue a complete accounting of allcosts of the recount to the candidate requesting the recount, and shall refundany surplus to the candidate. If the recount is initiated by the countycanvassing board or required by W.S. 22-16-109(b), the cost of the recountshall be paid by the county in which the recount is taken regardless of theresult of the recount.

 

22-16-114. Certificates of election or nomination after recount.

 

Whenthe time within which to request a recount has expired without one beingrequested, or when a recount has been completed, the county clerk shallimmediately prepare and mail certificates of election or nomination to eachcandidate nominated or elected to a county or precinct office.

 

22-16-115. State canvassing board.

 

Thestate canvassing board is the governor, secretary of state, state auditor andstate treasurer.

 

22-16-116. Statewide abstract; discrepancies with county abstracts.

 

Fromthe unofficial tabulations delivered directly to his office, the secretary ofstate shall tabulate a statewide abstract by counties of votes for presidentand vice-president, state officers, justice of the supreme court, United Statessenator, representative in congress, district court judges, members of thestate legislature and the votes for and against ballot propositions voted on byelectors of a district larger than a county. The unofficial tabulation shallthen be reconciled to the official abstracts of the county canvassing boardsand the secretary of state shall prepare the state abstract from the officialcounty abstracts.

 

22-16-117. Content of state abstract.

 

Thestate abstract of an election shall indicate by county the number of ballotscast by each political party, if known, the total votes cast for eachcandidate, the names of all write-in candidates receiving a sufficient numberof votes to affect the result of the election and the number of votes for each,and the number of votes received for and against each ballot proposition.

 

22-16-118. Meeting of state canvassing board.

 

Thestate canvassing board shall meet no later than the second Wednesday followingthe election. The secretary of state shall send a messenger to obtain officialcounty abstracts not filed in a reasonable length of time. The canvassing boardshall meet at the time and place set by the secretary of state. The board shallreview the state abstracts prepared by the secretary of state, compare themwith the tabulation and materials prepared by the secretary of state, resolveany tie votes, and certify the abstract as the official state canvass.

 

22-16-119. Tie vote in state abstract.

 

Atie vote for an office contained in the state abstract shall be resolved at anopen meeting by lots cast by the state canvassing board.

 

22-16-120. Filing of state abstract.

 

Whenthe canvass by the state canvassing board is completed and certified, thesecretary of state shall file the official state abstract in his office withthe minutes of the state canvassing board meeting signed by the members of thestate canvassing board. The secretary of state shall cause a copy of theofficial state canvass to be posted in the office of the secretary of state andshall make additional copies available to the public.

 

22-16-121. Certificates of nomination and election following state orcounty canvass.

 

(a) When the state canvass is concluded, the secretary of stateshall issue a certificate of nomination to each candidate nominated at aprimary election and certify the names of nominees as provided in W.S.22-6-101. When the county canvass is concluded, the county clerk shall issue acertificate of nomination to each candidate nominated at a primary election orby petition.

 

(b) The governor shall issue a certificate of election to acandidate duly elected to an office to be filled by electors of the state,district court judges, and members of the state legislature. The county clerkshall issue a certificate of election to each candidate duly elected to acounty or precinct office in the county and to members elected to boards oftrustees of hospital, school or community college districts and city or towncouncils.

 

22-16-122. Election declared null and void; special election.

 

(a) If a canvassing board is unable to determine whichcandidate has been elected or nominated, the canvassing board shall declare theelection to be null and void as to that office and the county clerk shall calla special election to make a decision. For purposes of this section, acanvassing board shall be unable to determine which candidate is nominated orelected if:

 

(i) A material error in the conduct of the election hasoccurred; and

 

(ii) The error involves a number of votes that is equal to orgreater than the number of votes separating the winning and losing candidates.

 

(b) In a contest involving multiple candidates, no candidatewho has clearly won or lost the contest shall be placed on the ballot in thespecial election.

 

(c) Any candidate may appeal the decision of the canvassingboard to call or not to call a special election in the same manner as he wouldcontest an election under this act.

 

(d) The special election shall be held if necessary no laterthan the third Tuesday after the primary election. Any candidate may appeal thedecision of the canvassing board in the same manner as he would contest anelection under this act. However, this appeal shall be filed in the districtcourt no later than the first Monday following the meeting of the canvassingboard whose decision is being appealed. The special election shall be conductedby the county clerk as nearly as possible in the manner of a primary election,except that registration at the polls shall not be permitted.

 

(e) The special election shall be held if necessary on thethird Tuesday after the general election. Not more than fourteen (14) nor lessthan five (5) days before the special election the county clerk shall publishat least once in a newspaper of general circulation in the county aproclamation setting forth the date of the election, the offices to be filledat the election including the terms of the offices, the number of personsrequired by law to fill the offices, the requirements for filing statements ofcampaign receipts and expenditures, and any other pertinent information. Thespecial election shall be conducted by the county clerk as nearly as possiblein the manner of a general election.

 

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter16

CHAPTER 16 - CANVASS AND RECOUNT

 

22-16-101. County canvassing board; compensation.

 

Thecounty canvassing board is the county clerk and two (2) electors of differentpolitical parties resident in the county appointed by the board of countycommissioners. The two (2) electors shall receive the same compensation aselection judges.

 

22-16-102. Abstract of vote; returns not filed.

 

 

(a) The county clerk shall prepare anabstract of the vote of all precincts in the county following a county primary,special or general election.

 

(b) The county clerk shall send a messengerto obtain returns not filed in his office within a reasonable length of time.

 

22-16-103. County canvass procedures.

 

(a) Prior to the county canvass, the county clerk shall:

 

(i) Examine the poll books, tally sheets, precinctcertifications and oaths of election officials;

 

(ii) Summarize the number of votes cast in each precinct forevery candidate appearing on the ballot and the total votes cast for write-incandidates, and upon each ballot proposition;

 

(iii) Count write-in votes by candidate if the total vote forwrite-in candidates may affect the result of an election. For offices electedfrom districts involving more than one (1) county, the secretary of state shalldirect the county clerks to count write-in votes by candidate if on the basisof unofficial returns it appears the total write-in votes may affect the resultof an election.

 

(b) Repealed by Laws 2002, Ch. 18 3.

 

(c) The county canvassing board shall:

 

(i) Meet as soon as all returns have been received andabstracted, but if any provisional ballots have been cast in the county, notbefore the time has passed for provisional voters to document their eligibilityto register or to vote. The board shall meet at a time and place designated bythe county clerk, but no later than the first Friday following the election;

 

(ii) Perform or review a reconciliation of the ballots byprecinct;

 

(iii) Review and determine the eligibility of provisional votersto register at the election if not previously registered and to vote anddetermine whether their provisional ballots may be opened and counted. Thecanvassing board shall meet in executive session when necessary to protect theconfidentiality of ballots and of a voter's confidential personallyidentifiable information;

 

(iv) Count and tabulate the votes on the provisional ballotswhich were determined to have been cast by qualified electors;

 

(v) Review and certify the abstracts after the validity ofprovisional ballots have been determined and discrepancies and ties have beenresolved;

 

(vi) Review and certify successful write-in candidates afterdetermination of the number of votes for candidates and verification ofcandidate qualification;

 

(vii) Cause minutes of the meeting to be taken, signed by thecanvassing board and filed with the county clerk.

 

(d) The precinct returns of the municipal primary electionshall be canvassed by the county canvassing board, which shall certify theresults of such in writing to the county clerk and municipal clerk.

 

22-16-104. Repealed by Laws 2002, Ch. 18, 3.

 

 

 

22-16-105. Tie votes.

 

Atie vote shall be decided at an open meeting by lots cast by the countycanvassing board or other authority holding the election, except in electionsfor members of the state legislature, which shall be determined as provided inW.S. 22-16-119.

 

22-16-106. Write-in candidates.

 

(a) Each write-in candidate nominated or elected at a primaryelection, who has not previously filed an application, accepts by filing anapplication for nomination and paying the filing fee, in the office in which hewould have been required to file an application for that office.

 

(b) The chief election officer shall notify write-in candidateswho have been nominated for election within forty-eight (48) hours after thecanvassing board meets. Notification may be made by United States postalservice, any generally accepted business document delivery method evidenced byreceipt of delivery or attempted delivery at the last known address of thewrite-in candidate or service as provided under the Wyoming Rules of CivilProcedure. Failure of the successful write-in candidate to accept thenomination within five (5) days, as computed pursuant to W.S. 22-2-110, ofproof of service or attempted delivery results in the successful write-incandidate not appearing on the general election ballot, but does not result ina vacancy which can be filled.

 

(c) Any person may request to have the votes cast for anywrite-in candidate, whose votes did not affect the election, counted by filinga request with the appropriate election officers not later than two (2) daysafter the election in which the write-in votes occurred.

 

22-16-107. Certified results.

 

Thecertified results of the county canvass shall be posted in the office of thecounty clerk and copies made available to interested persons.

 

22-16-108. Results furnished secretary of state.

 

Immediatelyupon completion of the county canvass, the county clerk shall notify thesecretary of state of the election results. A copy of the county abstract,after being certified by the county canvassing boards, shall immediately bedelivered by the county clerk to the secretary of state. The secretary ofstate shall provide procedures for such transmittal and notification throughrule and regulation.

 

22-16-109. Recounts.

 

(a) The county canvassing board shall make a recount ofprecinct votes if it appears to the board that a recount is required due toirregularities in that precinct.

 

(b) There shall be a recount made of all the votes cast for anyoffice in which the difference in number of votes cast for the winningcandidate receiving the least number of votes and the number of votes cast forthe losing candidate receiving the greatest number of votes is less than onepercent (1%) of the number of votes cast for the winning candidate receivingthe least number of votes cast for that office. This recount shall be made inthe entire district in which the candidates are standing for election.

 

(c) There shall be a recount made of all the votes cast for anyoffice if a losing candidate requests one under provision of W.S. 22-16-110.This recount shall be made in the entire district in which the candidate isstanding for election.

 

22-16-110. How candidate may obtain recount; where affidavit filed.

 

 

(a) A candidate may obtain a recount ofvotes for the office he is seeking by making and filing an affidavit allegingthat fraud or error occurred in counting, returning or canvassing the votescast in any part of the district in which he is standing for election. Theaffidavit shall be filed in the same office the candidate filed his applicationfor nomination:

 

(i) Not later than two (2) days after thecounty canvass has been completed if the office is certified by the countycanvassing board;

 

(ii) Not later than two (2) days after thestate canvass has been completed if the office is certified by the statecanvassing board.

 

22-16-111. Recount of ballot proposition.

 

 

(a) A recount of votes of a ballotproposition may be obtained in one (1) of the following manners:

 

(i) A recount will be made if theproposition receives a number of votes, greater or lesser, within one percent(1%) of the number of votes required for passage. The one percent (1%) varianceshall be calculated based upon the total number of votes cast on theproposition, except for constitutional amendments in which case the varianceshall be calculated based upon the total number of votes cast in the election;

 

(ii) A recount will be made if requested inan affidavit signed by twenty-five (25) electors registered in a districtvoting on the question. The affidavit shall be filed with the county clerk notlater than two (2) days after the county canvass has been completed forpropositions voted on in one (1) county, and with the secretary of state notlater than two (2) days after the state canvass has been completed forpropositions voted on in more than one (1) county. The affidavit shall beaccompanied by a deposit of one hundred dollars ($100.00).

 

(b) The county in which the recount is takenshall pay the costs of the recount if the recount is required by subsection(a)(i) of this section; and the signers of the affidavit referred to insubsection (a)(ii) of this section shall be jointly and severally liable forthe costs of the recount requested by them up to five hundred dollars ($500.00)per county recounted if the results of the election are not changed by therecount.

 

(c) The result of the recount shall be theofficial result of the election.

 

22-16-112. Precincts to be recounted; recount official result.

 

(a) The number of precincts to be recounted shall be asfollows:

 

(i) If the recount is requested by a candidate, all precinctsin which that candidate was voted upon for that office shall be recounted;

 

(ii) If the recount is required by W.S. 22-16-109(b), allprecincts in which that candidate was voted upon for that office shall berecounted;

 

(iii) If the recount is initiated by the state or countycanvassing board because of possible irregularities in the counting of votes ina precinct, the recount shall be made in the precincts designated by thecanvassing board initiating the recount.

 

(b) If the recount indicates a different vote, the result ofthe recount shall be the official result.

 

(c) In no event shall a county clerk certify the recountresults later than seventy-two (72) hours after the recount is requested.

 

22-16-113. Recount deposit; expense of recount.

 

Anaffidavit requesting a recount must be accompanied by a deposit of one hundreddollars ($100.00). If the recount shows sufficient error to change the resultof the election, the county in which the recount is taken shall pay expenses ofthe recount and the deposit shall be returned. Otherwise the applicant orapplicants seeking the recount shall be liable for the actual cost ofconducting the recount up to a maximum of five hundred dollars ($500.00) percounty recounted. Every county clerk shall issue a complete accounting of allcosts of the recount to the candidate requesting the recount, and shall refundany surplus to the candidate. If the recount is initiated by the countycanvassing board or required by W.S. 22-16-109(b), the cost of the recountshall be paid by the county in which the recount is taken regardless of theresult of the recount.

 

22-16-114. Certificates of election or nomination after recount.

 

Whenthe time within which to request a recount has expired without one beingrequested, or when a recount has been completed, the county clerk shallimmediately prepare and mail certificates of election or nomination to eachcandidate nominated or elected to a county or precinct office.

 

22-16-115. State canvassing board.

 

Thestate canvassing board is the governor, secretary of state, state auditor andstate treasurer.

 

22-16-116. Statewide abstract; discrepancies with county abstracts.

 

Fromthe unofficial tabulations delivered directly to his office, the secretary ofstate shall tabulate a statewide abstract by counties of votes for presidentand vice-president, state officers, justice of the supreme court, United Statessenator, representative in congress, district court judges, members of thestate legislature and the votes for and against ballot propositions voted on byelectors of a district larger than a county. The unofficial tabulation shallthen be reconciled to the official abstracts of the county canvassing boardsand the secretary of state shall prepare the state abstract from the officialcounty abstracts.

 

22-16-117. Content of state abstract.

 

Thestate abstract of an election shall indicate by county the number of ballotscast by each political party, if known, the total votes cast for eachcandidate, the names of all write-in candidates receiving a sufficient numberof votes to affect the result of the election and the number of votes for each,and the number of votes received for and against each ballot proposition.

 

22-16-118. Meeting of state canvassing board.

 

Thestate canvassing board shall meet no later than the second Wednesday followingthe election. The secretary of state shall send a messenger to obtain officialcounty abstracts not filed in a reasonable length of time. The canvassing boardshall meet at the time and place set by the secretary of state. The board shallreview the state abstracts prepared by the secretary of state, compare themwith the tabulation and materials prepared by the secretary of state, resolveany tie votes, and certify the abstract as the official state canvass.

 

22-16-119. Tie vote in state abstract.

 

Atie vote for an office contained in the state abstract shall be resolved at anopen meeting by lots cast by the state canvassing board.

 

22-16-120. Filing of state abstract.

 

Whenthe canvass by the state canvassing board is completed and certified, thesecretary of state shall file the official state abstract in his office withthe minutes of the state canvassing board meeting signed by the members of thestate canvassing board. The secretary of state shall cause a copy of theofficial state canvass to be posted in the office of the secretary of state andshall make additional copies available to the public.

 

22-16-121. Certificates of nomination and election following state orcounty canvass.

 

(a) When the state canvass is concluded, the secretary of stateshall issue a certificate of nomination to each candidate nominated at aprimary election and certify the names of nominees as provided in W.S.22-6-101. When the county canvass is concluded, the county clerk shall issue acertificate of nomination to each candidate nominated at a primary election orby petition.

 

(b) The governor shall issue a certificate of election to acandidate duly elected to an office to be filled by electors of the state,district court judges, and members of the state legislature. The county clerkshall issue a certificate of election to each candidate duly elected to acounty or precinct office in the county and to members elected to boards oftrustees of hospital, school or community college districts and city or towncouncils.

 

22-16-122. Election declared null and void; special election.

 

(a) If a canvassing board is unable to determine whichcandidate has been elected or nominated, the canvassing board shall declare theelection to be null and void as to that office and the county clerk shall calla special election to make a decision. For purposes of this section, acanvassing board shall be unable to determine which candidate is nominated orelected if:

 

(i) A material error in the conduct of the election hasoccurred; and

 

(ii) The error involves a number of votes that is equal to orgreater than the number of votes separating the winning and losing candidates.

 

(b) In a contest involving multiple candidates, no candidatewho has clearly won or lost the contest shall be placed on the ballot in thespecial election.

 

(c) Any candidate may appeal the decision of the canvassingboard to call or not to call a special election in the same manner as he wouldcontest an election under this act.

 

(d) The special election shall be held if necessary no laterthan the third Tuesday after the primary election. Any candidate may appeal thedecision of the canvassing board in the same manner as he would contest anelection under this act. However, this appeal shall be filed in the districtcourt no later than the first Monday following the meeting of the canvassingboard whose decision is being appealed. The special election shall be conductedby the county clerk as nearly as possible in the manner of a primary election,except that registration at the polls shall not be permitted.

 

(e) The special election shall be held if necessary on thethird Tuesday after the general election. Not more than fourteen (14) nor lessthan five (5) days before the special election the county clerk shall publishat least once in a newspaper of general circulation in the county aproclamation setting forth the date of the election, the offices to be filledat the election including the terms of the offices, the number of personsrequired by law to fill the offices, the requirements for filing statements ofcampaign receipts and expenditures, and any other pertinent information. Thespecial election shall be conducted by the county clerk as nearly as possiblein the manner of a general election.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title22 > Chapter16

CHAPTER 16 - CANVASS AND RECOUNT

 

22-16-101. County canvassing board; compensation.

 

Thecounty canvassing board is the county clerk and two (2) electors of differentpolitical parties resident in the county appointed by the board of countycommissioners. The two (2) electors shall receive the same compensation aselection judges.

 

22-16-102. Abstract of vote; returns not filed.

 

 

(a) The county clerk shall prepare anabstract of the vote of all precincts in the county following a county primary,special or general election.

 

(b) The county clerk shall send a messengerto obtain returns not filed in his office within a reasonable length of time.

 

22-16-103. County canvass procedures.

 

(a) Prior to the county canvass, the county clerk shall:

 

(i) Examine the poll books, tally sheets, precinctcertifications and oaths of election officials;

 

(ii) Summarize the number of votes cast in each precinct forevery candidate appearing on the ballot and the total votes cast for write-incandidates, and upon each ballot proposition;

 

(iii) Count write-in votes by candidate if the total vote forwrite-in candidates may affect the result of an election. For offices electedfrom districts involving more than one (1) county, the secretary of state shalldirect the county clerks to count write-in votes by candidate if on the basisof unofficial returns it appears the total write-in votes may affect the resultof an election.

 

(b) Repealed by Laws 2002, Ch. 18 3.

 

(c) The county canvassing board shall:

 

(i) Meet as soon as all returns have been received andabstracted, but if any provisional ballots have been cast in the county, notbefore the time has passed for provisional voters to document their eligibilityto register or to vote. The board shall meet at a time and place designated bythe county clerk, but no later than the first Friday following the election;

 

(ii) Perform or review a reconciliation of the ballots byprecinct;

 

(iii) Review and determine the eligibility of provisional votersto register at the election if not previously registered and to vote anddetermine whether their provisional ballots may be opened and counted. Thecanvassing board shall meet in executive session when necessary to protect theconfidentiality of ballots and of a voter's confidential personallyidentifiable information;

 

(iv) Count and tabulate the votes on the provisional ballotswhich were determined to have been cast by qualified electors;

 

(v) Review and certify the abstracts after the validity ofprovisional ballots have been determined and discrepancies and ties have beenresolved;

 

(vi) Review and certify successful write-in candidates afterdetermination of the number of votes for candidates and verification ofcandidate qualification;

 

(vii) Cause minutes of the meeting to be taken, signed by thecanvassing board and filed with the county clerk.

 

(d) The precinct returns of the municipal primary electionshall be canvassed by the county canvassing board, which shall certify theresults of such in writing to the county clerk and municipal clerk.

 

22-16-104. Repealed by Laws 2002, Ch. 18, 3.

 

 

 

22-16-105. Tie votes.

 

Atie vote shall be decided at an open meeting by lots cast by the countycanvassing board or other authority holding the election, except in electionsfor members of the state legislature, which shall be determined as provided inW.S. 22-16-119.

 

22-16-106. Write-in candidates.

 

(a) Each write-in candidate nominated or elected at a primaryelection, who has not previously filed an application, accepts by filing anapplication for nomination and paying the filing fee, in the office in which hewould have been required to file an application for that office.

 

(b) The chief election officer shall notify write-in candidateswho have been nominated for election within forty-eight (48) hours after thecanvassing board meets. Notification may be made by United States postalservice, any generally accepted business document delivery method evidenced byreceipt of delivery or attempted delivery at the last known address of thewrite-in candidate or service as provided under the Wyoming Rules of CivilProcedure. Failure of the successful write-in candidate to accept thenomination within five (5) days, as computed pursuant to W.S. 22-2-110, ofproof of service or attempted delivery results in the successful write-incandidate not appearing on the general election ballot, but does not result ina vacancy which can be filled.

 

(c) Any person may request to have the votes cast for anywrite-in candidate, whose votes did not affect the election, counted by filinga request with the appropriate election officers not later than two (2) daysafter the election in which the write-in votes occurred.

 

22-16-107. Certified results.

 

Thecertified results of the county canvass shall be posted in the office of thecounty clerk and copies made available to interested persons.

 

22-16-108. Results furnished secretary of state.

 

Immediatelyupon completion of the county canvass, the county clerk shall notify thesecretary of state of the election results. A copy of the county abstract,after being certified by the county canvassing boards, shall immediately bedelivered by the county clerk to the secretary of state. The secretary ofstate shall provide procedures for such transmittal and notification throughrule and regulation.

 

22-16-109. Recounts.

 

(a) The county canvassing board shall make a recount ofprecinct votes if it appears to the board that a recount is required due toirregularities in that precinct.

 

(b) There shall be a recount made of all the votes cast for anyoffice in which the difference in number of votes cast for the winningcandidate receiving the least number of votes and the number of votes cast forthe losing candidate receiving the greatest number of votes is less than onepercent (1%) of the number of votes cast for the winning candidate receivingthe least number of votes cast for that office. This recount shall be made inthe entire district in which the candidates are standing for election.

 

(c) There shall be a recount made of all the votes cast for anyoffice if a losing candidate requests one under provision of W.S. 22-16-110.This recount shall be made in the entire district in which the candidate isstanding for election.

 

22-16-110. How candidate may obtain recount; where affidavit filed.

 

 

(a) A candidate may obtain a recount ofvotes for the office he is seeking by making and filing an affidavit allegingthat fraud or error occurred in counting, returning or canvassing the votescast in any part of the district in which he is standing for election. Theaffidavit shall be filed in the same office the candidate filed his applicationfor nomination:

 

(i) Not later than two (2) days after thecounty canvass has been completed if the office is certified by the countycanvassing board;

 

(ii) Not later than two (2) days after thestate canvass has been completed if the office is certified by the statecanvassing board.

 

22-16-111. Recount of ballot proposition.

 

 

(a) A recount of votes of a ballotproposition may be obtained in one (1) of the following manners:

 

(i) A recount will be made if theproposition receives a number of votes, greater or lesser, within one percent(1%) of the number of votes required for passage. The one percent (1%) varianceshall be calculated based upon the total number of votes cast on theproposition, except for constitutional amendments in which case the varianceshall be calculated based upon the total number of votes cast in the election;

 

(ii) A recount will be made if requested inan affidavit signed by twenty-five (25) electors registered in a districtvoting on the question. The affidavit shall be filed with the county clerk notlater than two (2) days after the county canvass has been completed forpropositions voted on in one (1) county, and with the secretary of state notlater than two (2) days after the state canvass has been completed forpropositions voted on in more than one (1) county. The affidavit shall beaccompanied by a deposit of one hundred dollars ($100.00).

 

(b) The county in which the recount is takenshall pay the costs of the recount if the recount is required by subsection(a)(i) of this section; and the signers of the affidavit referred to insubsection (a)(ii) of this section shall be jointly and severally liable forthe costs of the recount requested by them up to five hundred dollars ($500.00)per county recounted if the results of the election are not changed by therecount.

 

(c) The result of the recount shall be theofficial result of the election.

 

22-16-112. Precincts to be recounted; recount official result.

 

(a) The number of precincts to be recounted shall be asfollows:

 

(i) If the recount is requested by a candidate, all precinctsin which that candidate was voted upon for that office shall be recounted;

 

(ii) If the recount is required by W.S. 22-16-109(b), allprecincts in which that candidate was voted upon for that office shall berecounted;

 

(iii) If the recount is initiated by the state or countycanvassing board because of possible irregularities in the counting of votes ina precinct, the recount shall be made in the precincts designated by thecanvassing board initiating the recount.

 

(b) If the recount indicates a different vote, the result ofthe recount shall be the official result.

 

(c) In no event shall a county clerk certify the recountresults later than seventy-two (72) hours after the recount is requested.

 

22-16-113. Recount deposit; expense of recount.

 

Anaffidavit requesting a recount must be accompanied by a deposit of one hundreddollars ($100.00). If the recount shows sufficient error to change the resultof the election, the county in which the recount is taken shall pay expenses ofthe recount and the deposit shall be returned. Otherwise the applicant orapplicants seeking the recount shall be liable for the actual cost ofconducting the recount up to a maximum of five hundred dollars ($500.00) percounty recounted. Every county clerk shall issue a complete accounting of allcosts of the recount to the candidate requesting the recount, and shall refundany surplus to the candidate. If the recount is initiated by the countycanvassing board or required by W.S. 22-16-109(b), the cost of the recountshall be paid by the county in which the recount is taken regardless of theresult of the recount.

 

22-16-114. Certificates of election or nomination after recount.

 

Whenthe time within which to request a recount has expired without one beingrequested, or when a recount has been completed, the county clerk shallimmediately prepare and mail certificates of election or nomination to eachcandidate nominated or elected to a county or precinct office.

 

22-16-115. State canvassing board.

 

Thestate canvassing board is the governor, secretary of state, state auditor andstate treasurer.

 

22-16-116. Statewide abstract; discrepancies with county abstracts.

 

Fromthe unofficial tabulations delivered directly to his office, the secretary ofstate shall tabulate a statewide abstract by counties of votes for presidentand vice-president, state officers, justice of the supreme court, United Statessenator, representative in congress, district court judges, members of thestate legislature and the votes for and against ballot propositions voted on byelectors of a district larger than a county. The unofficial tabulation shallthen be reconciled to the official abstracts of the county canvassing boardsand the secretary of state shall prepare the state abstract from the officialcounty abstracts.

 

22-16-117. Content of state abstract.

 

Thestate abstract of an election shall indicate by county the number of ballotscast by each political party, if known, the total votes cast for eachcandidate, the names of all write-in candidates receiving a sufficient numberof votes to affect the result of the election and the number of votes for each,and the number of votes received for and against each ballot proposition.

 

22-16-118. Meeting of state canvassing board.

 

Thestate canvassing board shall meet no later than the second Wednesday followingthe election. The secretary of state shall send a messenger to obtain officialcounty abstracts not filed in a reasonable length of time. The canvassing boardshall meet at the time and place set by the secretary of state. The board shallreview the state abstracts prepared by the secretary of state, compare themwith the tabulation and materials prepared by the secretary of state, resolveany tie votes, and certify the abstract as the official state canvass.

 

22-16-119. Tie vote in state abstract.

 

Atie vote for an office contained in the state abstract shall be resolved at anopen meeting by lots cast by the state canvassing board.

 

22-16-120. Filing of state abstract.

 

Whenthe canvass by the state canvassing board is completed and certified, thesecretary of state shall file the official state abstract in his office withthe minutes of the state canvassing board meeting signed by the members of thestate canvassing board. The secretary of state shall cause a copy of theofficial state canvass to be posted in the office of the secretary of state andshall make additional copies available to the public.

 

22-16-121. Certificates of nomination and election following state orcounty canvass.

 

(a) When the state canvass is concluded, the secretary of stateshall issue a certificate of nomination to each candidate nominated at aprimary election and certify the names of nominees as provided in W.S.22-6-101. When the county canvass is concluded, the county clerk shall issue acertificate of nomination to each candidate nominated at a primary election orby petition.

 

(b) The governor shall issue a certificate of election to acandidate duly elected to an office to be filled by electors of the state,district court judges, and members of the state legislature. The county clerkshall issue a certificate of election to each candidate duly elected to acounty or precinct office in the county and to members elected to boards oftrustees of hospital, school or community college districts and city or towncouncils.

 

22-16-122. Election declared null and void; special election.

 

(a) If a canvassing board is unable to determine whichcandidate has been elected or nominated, the canvassing board shall declare theelection to be null and void as to that office and the county clerk shall calla special election to make a decision. For purposes of this section, acanvassing board shall be unable to determine which candidate is nominated orelected if:

 

(i) A material error in the conduct of the election hasoccurred; and

 

(ii) The error involves a number of votes that is equal to orgreater than the number of votes separating the winning and losing candidates.

 

(b) In a contest involving multiple candidates, no candidatewho has clearly won or lost the contest shall be placed on the ballot in thespecial election.

 

(c) Any candidate may appeal the decision of the canvassingboard to call or not to call a special election in the same manner as he wouldcontest an election under this act.

 

(d) The special election shall be held if necessary no laterthan the third Tuesday after the primary election. Any candidate may appeal thedecision of the canvassing board in the same manner as he would contest anelection under this act. However, this appeal shall be filed in the districtcourt no later than the first Monday following the meeting of the canvassingboard whose decision is being appealed. The special election shall be conductedby the county clerk as nearly as possible in the manner of a primary election,except that registration at the polls shall not be permitted.

 

(e) The special election shall be held if necessary on thethird Tuesday after the general election. Not more than fourteen (14) nor lessthan five (5) days before the special election the county clerk shall publishat least once in a newspaper of general circulation in the county aproclamation setting forth the date of the election, the offices to be filledat the election including the terms of the offices, the number of personsrequired by law to fill the offices, the requirements for filing statements ofcampaign receipts and expenditures, and any other pertinent information. Thespecial election shall be conducted by the county clerk as nearly as possiblein the manner of a general election.

 

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