Wyo. Code R. 002-0005-13
Effective Date: 12/15/2009 to 08/26/2022
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.13.12152009
Rules for Election Judges and Counting Board Members
The Secretary of State, pursuant to W.S. 22-2-121, is authorized to promulgate such rules as are necessary to maintain uniform voting, vote counting procedures and orderly voting and to comply with the requirements of the Help America Vote Act of 2002 (HAVA), Public Law 107-252.
These rules are promulgated to establish standards and procedures for judges of election and counting boards, in accordance with W.S. 22-8-101, et seq.
These rules apply to all local election officials with responsibilities as designated in W.S. 22-8-101, et seq.
(a) The County Clerk shall appoint judges and counting board members in compliance with statutes.
(b) The County Clerk has the authority to determine who will be and who will not be an election judge or counting board member. At the discretion of the County Clerk, a candidate may be allowed to serve as a judge in a precinct where his/her name will not appear on the ballot.
(a) Election judges shall inventory ballots delivered pursuant to W.S. 22-12-108, and the total shall be marked in the poll book.
(b) Election judges shall continually verify the number of voters by checking the poll book numbering with the number of voted ballots displayed on the voting machine.
(c) Election judges shall document any discrepancies during the day by recording the discrepancy, the time, and any possible problems encountered.
(d) Election judges shall report errors or problems with the voting equipment to the County Clerk's Office as soon as possible.
(e) After polls are closed, election judges shall count the unused and spoiled ballots to balance the inventory of ballots they received and keep a log of such inventory at the polling place.
(f) Counted ballots shall be locked in a container and sealed. The seal shall remain on the container until returned to the County Clerk.
(g) At the close of the polls, election judges shall secure all equipment, using the procedures established by the equipment manufacturer, the County Clerk and the rules.
(h) Election judges and counting board members shall return all voting supplies, inventory logs and ballot boxes to the County Clerk as soon as possible.
(i) Election judges shall provide assistance to curb-side voters as provided in the statutes and rules.
(j) Election judges and counting board members shall not post or give out unofficial results to anyone other than the County Clerk.
(a) For absentee ballots that are counted at the polling place location:
(i) If the voter has already voted in person, the absentee ballot will be rejected.
(ii) If the absentee ballot has been processed, that voter may not vote in person.
(iii) If the county has a counting center, an election judge shall attempt to call the County Clerk to verify that the person has not already voted by absentee ballot. The County Clerk will verify that an absentee ballot has not been received before approving that the voter may receive a ballot from the judges at the polls. If the judge is not able to reach the County Clerk, the judge shall offer to let the voter vote a provisional ballot. The decision to count the provisional ballot will be decided by the County Canvassing Board.
(b) In any instance, the first ballot processed shall be considered the voter's only official ballot.
(a) An election judge under the age of 18 (student election judge) is qualified to subscribe to an oath and may also be allowed to register persons to vote.
(b) A student election judge must fill out the proper application form, which is provided by the Secretary of State’s Office.
(a) The County Clerk shall determine if election judges may work split shifts during an election. The County Clerk shall:
(i) Determine which precincts, if any, may use spilt shifts.
(ii) Set specific hours to be worked.
(iii) Insure that each shift includes an equal number of judges representing the major political parties. If major political parties cannot be represented, the County Clerk is authorized to use nonaffiliated (non partisan) (independent) judges.
(b) The head or chief judge may not work a split shift.
(c) Election judges that are permitted to work a split shift shall:
(i) Stay at the polls until relieved from duty by a replacement election judge.
(ii) Shall complete all necessary paperwork required by the County Clerk.
(iii) Shall sign a time sheet designating the time arrived and time departed.
(iv) Shall sign a log verifying that the reconciliation of the count has been completed and note any discrepancies and the reasons for such discrepancies.
(d) The County Clerk may establish additional procedures for the smooth transition between shift election judges.