Wyo. Code R. 002-0005-14
Effective Date: 03/21/2008 to 07/08/2008
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 002.0005.14.03212008
Rules for Polling Places
The Secretary of State, pursuant to W.S. 22-2-121, is authorized to promulgate such rules as are necessary to maintain uniform voting procedures, to maintain 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 polling places, judges of election and counting boards and poll watchers, 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) Care shall be taken to ensure the security of the equipment and materials en route to the polling place and at the polling place prior to the opening of the polls. Judges shall be trained to recheck security measures prior to the opening of the polls.
(b) Election judges shall inventory ballots delivered pursuant to W.S. 22-12-108, and the total shall be marked in the poll book.
(a) Errors or problems with the voting equipment shall be reported by the election judges to the County Clerk’s Office, who shall report pertinent issues to the Secretary of State as soon as possible, including but not limited to, any problem that could affect vote totals, any accessibility problems, or any issue that could disenfranchise voters.
(b) In precincts where absentee ballots are counted at the polls, a sign shall be posted to alert voters that judges may be entering absentee ballots in the machine while other voters are in the polling area. If the clerk has directed the judges to process the absentee ballots after the polls close, this shall be done immediately upon closing of the polls.
(c) Poll watchers from each party are allowed at the polling area if the county clerk has previously been notified of the name of the poll watcher and the polling area. Election judges shall be trained by the county clerk on poll watchers' duties prior to election day. Poll watchers are responsible for bringing their own tables and chairs to the polling area, and can sit near, but not at the same table as the election judges. No one other than the election judges may ask voters questions. The voter's name should be said loud enough for the poll watcher to hear.
(d) In the event a precinct runs out of ballots and the county does not have a ballot on demand printer, the county clerk shall supply the precinct with copies of the ballot to serve as emergency ballots. Voted emergency ballots shall be placed in the emergency bin and the votes shall be counted by hand by the election judges and tallied in the poll book.
(a) The terms "opening of polls," "closing of polls," and "re-opening of polls" refer to activating (turning on and off) the electronic voting machines, and the terms are not intended to refer or relate to the opening or closing of the physical polling place.
(b) There may be conditions when it is necessary for an election judge to "Re-Open Polls" on machines after the polls have been "closed" on the machines. At the direction of the county clerk and in the presence of two (2) or more election judges with different political party affiliations, the polls may be "re-opened" only under the following conditions and procedures:
(i) Election judges must provide notice to voters present at polls if required to turn machines off and on during Election Day for any reason.
(ii) If election judges find ballots in the emergency bin or discover other non-counted ballots after the machines have been set to "Close Polls," they must call the County Clerk and report it immediately.
(iii) If the bin is full, election judges may “re-open” the polls to rearrange the ballots.
(iv) County Clerks can instruct election judges to “re-open the polls” if the clerk determines that is best procedure, or the Clerk can require the non-counted ballots be submitted to the canvassing board to process.
(v) Election judges must sign all statements printed on the machine tapes that are printed by the machines when a machine is activated, i.e., “opened” or “closed.”
(vi) In the event election judges re-open polls, they will provide a written statement of events for review by the canvass board.