Wyo. Stat. Ann. tit. 22, ch. 1 — Wyoming Election Code | Wyoming Statutes Annotated — Wyoming

Wyo. Stat. Ann. § 22-1-101 Citation.

This act is cited as the Wyoming Election Code of 1973, as amended.

Wyo. Stat. Ann. § 22-1-102 Definitions.

(a) The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code: (i) "Automatic tabulating equipment" means apparatus that automatically examines and counts votes recorded on paper ballots or ballot cards and tabulates the results; (ii) "Ballot" means the cardboard, paper or other material upon which a voter marks his votes; (iii) "Ballot card" means a ballot that can be counted using automatic tabulating equipment; (iv) Repealed By Laws 2014, Ch. 108, § 2. (v) "Ballot proposition" is any question or measure submitted to a vote of the people of the state, a subdivision thereof, county, district, city or town, and includes a constitutional amendment, initiative, referendum, bond measure, or any other question or measure required to be approved by a vote of the people; (vi) "Bond" means any bond, note, certificate of indebtedness, coupon, or other obligation for the payment of money, issued by any political subdivision, including any bond payable from taxes, revenues or other sources; (vii) "Candidate's campaign committee" means every group of two (2) or more persons who join together for the purpose of raising, collecting or expending money to be used in the aid of the election of a specific candidate for public office. If more than one (1) committee forms to support the candidate, the candidate shall designate which committee shall be his or her principal campaign committee; (viii) "Chief judge" means the person selected to be responsible for the security of ballot envelopes and voter ballots. The chief judge shall serve as the primary contact at the polls to the county clerk; (ix) "City clerk" means a clerk of a municipality; (x) "Convention" is an organized assemblage of electors or delegates representing a political party; (xi) "Counting center" is the location or locations designated by the county clerk for the automatic tabulating and counting of ballots; (xii) "County chairman" means the county chairman of a political party or the state chairman if the party has no chairman for the particular county; (xiii) "Election," when used without qualifying adjectives, means all elections participated in by the voters of a city, town, county, district or the state; (xiv) "Electronic voting system" is a system employing an electronic voting device in conjunction with paper ballots or ballot cards, or other system of secret voting and automatic tabulating equipment for the recording, tabulating and counting of votes in an election; (xv) "Envelope" means any type of container used to contain or hold election documents; (xvi) "Independent candidate" is a person who is running for nomination or election to a public office but who does not represent a political party; (xvii) "Major political party" means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than ten percent (10%) of the total votes cast for that office in the most recent general election; (xviii) "Minor political party" means a political organization whose candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, received not less than two percent (2%) nor more than ten percent (10%) of the total votes cast for that office in the most recent general election; (xix) "Municipality" includes a first class city as defined by W.S. 15-1-101(a)(iv) and a town as defined by W.S. 15-1-101(a)(xiv); (xx) "Political action committee" means any group of two (2) or more persons organized and associated for the purpose of raising, collecting or spending money for use in the aid of, or otherwise influencing or attempting to influence, directly or indirectly, the election or defeat of candidates for public office, candidate's committees, or political parties, for support of or opposition to any initiative or referendum petition drive or for the adoption or defeat of any ballot proposition; (xxi) "Political subdivision" includes any county, city, town, school district, community college district, hospital district, water conservancy district, cemetery district, fire protection district, or any other political subdivision of the state constituting a body corporate, whether incorporated under general act, special charter, or otherwise; (xxii) "Pollbook" means a book, or hardware, software or any combination thereof commonly referred to as an electronic pollbook, used in a polling place on election day containing information specified by law; (xxiii) "Poll list" is the list of registered voters as compiled by the clerk for use by election judges at the polls. The poll list shall: (A) Include the names and residence addresses of electors registered in the precinct; (B) Indicate the precinct and various districts in which each elector resides; (C) Indicate political party affiliation of the electors, if any; (D) Indicate which electors have registered by mail and must show identification; (E) Indicate which electors have submitted absentee ballots in the election prior to the printing of the poll list; (F) Provide for the notation of: (I) A sequential number for each elector voting at the polls; (II) Electors who cast provisional ballots; (III) Electors who cast absentee ballots if the absentee ballots are processed and counted at the polls; (IV) Electors who change political party affiliation at the polls. (G) Provide for the recording of the same information for electors who register at the polls; (H) Provide other space as required for election management purposes. (xxiv) "Poll watcher" means a person certified by the county chairman of a political party to observe voter turn out and registration. A "poll watcher" is not an election official; (xxv) "Provisional party" means a political organization which has filed a legally valid petition as provided under article 4 of chapter 4 of this code. The filing of a legally valid petition entitles the provisional party to participate in the next general election. If the provisional party's candidate for any one (1) of the offices of the United States house of representatives, governor or secretary of state, receives not less than two percent (2%) of the total votes cast for that office in that election, the provisional party does not lose party status; (xxvi) "Qualified elector" includes every citizen of the United States who is a bona fide resident of Wyoming, has been a bona fide resident of Wyoming for not less than thirty (30) days before the date of the next election, has registered to vote and will be at least eighteen (18) years of age on the day of the next election. No person is a qualified elector who is a currently adjudicated mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. A literacy test shall not be imposed as a condition to voting in any election; (xxvii) "Registration" is the entry and verification of the name, residence, citizenship and voter information of a qualified elector on the official registry list, as provided in W.S. 22-3-104(f) and 22-3-108; (xxviii) "Registry agent" is a county clerk, his deputies, a tribal clerk, his deputies, a city clerk, his deputies, and an election judge during any election specified in W.S. 22-2-101(a)(i) through (viii); (xxix) "Registry list" is the list by precinct of the names, addresses, party affiliations, unique identifying numbers generated by the state, information relating to absentee ballot status, registration dates and precinct and district numbers of the registered electors in the county prepared by the secretary of state or county clerks for distribution as provided in W.S. 22-2-113; (xxx) "Residence" is the place of a person's actual habitation. The construction of this term shall be governed by the following rules: (A) Residence is the place where a person has a current habitation and to which, whenever he is absent, he has the intention of returning; (B) A person shall not gain or lose residence merely by reason of his presence or absence while: (I) Employed in the service of the United States or of this state; or (II) A student at an institution of learning; or (III) Kept at a hospital or other institution; or (IV) Stationed at or residing on a military reservation or installation or at a transient camp maintained for relief purposes by the government of the United States in this state. No person shall be excluded as a voter solely because of his residence on a federal enclave within the state. This factor shall be considered with all others in the determination of the person's residence within the state for voting purposes. (C) A person shall not lose his residence by leaving his home to go to another state, another district of this state, or to another country for temporary purposes, with the intent of returning, if he has not registered in the other state, district or country; (D) A person shall not gain residence in a county if he enters it without the intent of making it his current actual residence; (E) If a person removes to another state with the intent of making it his residence, he loses his residence in Wyoming; except that in a general election year, if his registration is valid in Wyoming when he leaves this state and he is unable to qualify under the laws of his new state of residence to vote at the primary or general election, he shall be deemed to have retained residence in Wyoming for purposes of voting by absentee ballot in the primary or general election; (F) A person who takes up or continues his abode at a place other than where his family resides, shall be a resident of the place where he actually abides; (G) Candidates seeking election to the office of United States senator or representative in congress shall not, at the time of knowingly seeking nomination or election as provided by paragraph (liii) of this subsection, claim or currently be claiming any residence or receive the benefits of residency from any other state, excluding the benefits of residency related to or incidental from maintaining a residence at or near the United States capital. (xxxi) "Square" for purposes of chapter 6 of this code shall include a box or oval used to designate the area for casting a vote; (xxxii) "Tally sheet" means the document used to tabulate hand counted paper ballots; (xxxiii) Repealed by Laws 2018, ch. 118, § 2. (xxxiv) "Voting device" means: (A) Repealed By Laws 2008, Ch. 115, § 2. (B) A device for marking the ballots with ink or another substance; or (C) Any other method for recording votes on ballots so that the ballot may be tabulated by means of automatic tabulating equipment. (xxxv) "Write-in vote" is a vote cast for a person whose name does not otherwise appear on the official ballot as a candidate for the office for which his name is written in by the voter; (xxxvi) "Federal office" means the offices of president and vice-president of the United States, United States senator and representative in congress; (xxxvii) "Immediate family" means a spouse, parent, sibling, child or other person living in the individual's household; (xxxviii) "Election assistance" does not include the posting of campaign signs or the availability of campaign materials; (xxxix) "Acceptable identification" means: (A) For purposes of voter registration, one (1) of the identification documents or other proof of identity as specified by rule of the secretary of state as adequate proof of the identity of a voter; (B) For purposes of in person voter identification immediately before voting at a polling place or absentee polling place, any of the following: (I) A Wyoming driver's license as defined by W.S. 31-7-102(a)(xxv); (II) A tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming, the Northern Arapaho tribe of Wyoming or other federally recognized Indian tribe; (III) A Wyoming identification card issued under W.S. 31-8-101; (IV) A valid United States passport; (V) A United States military card; (VI) A driver's license or identification card issued by any state or outlying possession of the United States; (VII) Photo identification issued by the University of Wyoming, a Wyoming community college or a Wyoming public school; (VIII) A valid Medicare insurance card. This subdivision is repealed effective December 31, 2029; (IX) A valid Medicaid insurance card. This subdivision is repealed effective December 31, 2029; (X) A valid permit issued by the state of Wyoming to carry a concealed firearm. (xl) "Canvass" means the audit function that culminates in the final certification of official election returns; (xli) "Provisional ballot" means a ballot provided to a voter whose right to register or to vote cannot be determined at the polls or verified at the election office, in order to allow the voter to cast a ballot at the polls which shall be counted only if the ballot is determined to be a valid ballot as provided in this Election Code; (xlii) "Recount" is the processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race, based upon the criteria of W.S. 22-16-109 or 22-16-111; (xliii) "Retabulation" is the process of running ballots back through the tabulation system for an additional time or times for the express purpose of reconciling the count; (xliv) "Tribal clerk" means an official designated by the Eastern Shoshone Tribe and an official designated by the Northern Arapaho Tribe or an official designated by the cooperative tribal governing body of the Wind River Indian Reservation acting pursuant to a cooperative agreement entered into by a county and the respective tribe pursuant to W.S. 16-1-101, which agreement provides for the official to provide services as a registry agent under the direct supervision and control of the county clerk; (xlv) "Print" means to write in letters and reproduce whether on paper or other medium by mechanical, magnetic or electrical process; (xlvi) "Voter registration system" means the single, uniform, official, interactive, computerized, statewide voter registration system containing the registration information of every legally registered elector in the state; (xlvii) "Precinct" means an area with established boundaries within a political subdivision used for casting and counting votes; (xlviii) "Polling place" means the physical location where voters cast their ballots on election day; (xlix) "Vote center" means a polling place at which any registered elector in the political subdivision holding the election may vote, regardless of the precinct in which he resides, connected through secure internet connections to provide voting information to and receive voting information from the electronic pollbook maintained by the county clerk and used as an option to traditional polling places at the discretion of the county clerk; (l) "Overvote" means a vote placed on a ballot question in excess of the allowable votes for that ballot question; (li) "Undervote" means a vote that could have been made on a ballot question but which was not made on that ballot question; (lii) "Unsuccessful candidate" means a person who did not win the election but whose name was printed on the ballot and who received one (1) or more votes in the primary election; (liii) "Candidate" means any person who knowingly seeks nomination or election to public office by: (A) Filing an application for nomination by primary election, nomination by political party convention or by petition for nomination; (B) Write-in, except that this subparagraph shall not apply to a person elected to public office by write-in at a general or special election who did not seek or campaign for election to the office; (C) Forming a campaign committee; or (D) Receiving contributions or making expenditures, or giving consent for any individual to receive contributions or make expenditures, in order to secure nomination or election to public office. (liv) "Air gap" means a security measure where electronic voting systems and computers used within those systems are physically isolated from any network and are not directly or indirectly connected to the internet nor connected to any other system, network or device that is connected to the internet; (lv) "Proof of residence" means the documents or other proof of residence specified by rule of the secretary of state, which rule identifies documents or other proof that establishes residency. If a person does not have the documents or other proof of residency specified by rule of the secretary of state, "proof of residence" may be established by a signed attestation of the person that the person is a bona fide resident of the state of Wyoming. The attestation shall be subject to verification by the county clerk or the secretary of state; (lvi) "Proof of United States citizenship" means, for purposes of voter registration, any of the following: (A) A valid Wyoming driver's license as defined by W.S. 31-7-102(a)(xxv) or a valid Wyoming identification card issued under W.S. 31-8-101, provided that the license or identification card does not contain any indication that the person is not a United States citizen; (B) A valid tribal identification card issued by the governing body of the Eastern Shoshone Tribe or the Northern Arapaho Tribe of the Wind River Indian Reservation or any other federally recognized Indian tribe, provided that the identification card does not contain any indication that the person is not a United States citizen; (C) A valid driver's license or identification card issued by any other state that is consistent with the Real ID Act as defined by W.S. 31-7-102(a)(lii), provided that the driver's license or identification card does not include any indication that the person is not a United States citizen; (D) A valid United States passport; (E) A certificate of United States citizenship; (F) A certificate of naturalization; (G) A United States military draft record or a selective service registration acknowledgment card; (H) A consular report of birth abroad issued by the United States department of state; (J) An original or certified copy of a birth certificate in the United States bearing an official seal.