Wyo. Code R. 002-0005-15
Effective Date: 10/22/2013 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0005.15.10222013
Rules for Election Results to the Secretary of State's Office
Section 1. Authority.
The Secretary of State, pursuant to W.S. 22-2-121, is authorized to promulgate such rules as are necessary to maintain uniform voting and 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.
Section 2. Purpose.
These rules are promulgated to establish standards and procedures for sending official and unofficial election reports to the Secretary of State's Office, in accordance with W.S. 22-8-101, et seq.
Section 3. Applicability.
These rules apply to all local election officials with responsibilities as designated in W.S. 22-8-101, et seq.
Section 4. Election Night Results.
(a) The County Clerk shall immediately submit unofficial results as prescribed by the Secretary of State's Office, including:
(i) The precinct-by-precinct results; (ii) Over and under votes; (iii) Write-in vote totals; and either (iv) Total ballots cast by party for the Primary Election; or (v) Total ballots cast for the General Election.
(b) Results shall be submitted no later than 10:30 p.m. on election night, unless the County Clerk contacts the Secretary of State prior to 10:30 p.m. and a mutually agreeable alternative time is determined.
(a) The County Clerk shall immediately submit official results via email to the Secretary of State's Office, using the report forms as designated by the Secretary of State. These shall include:
(i) The precinct-by-precinct results;
(ii) Over and under votes;
(iii) Write-in vote totals;
(iv) Applicable write-in spreadsheet/information that could have affected the outcome of the races of interest to the Secretary of State;
(v) Number of provisional ballots received;
(vi) Number of provisional ballots counted;
(vii) Reasons for rejection of provisional ballots;
(viii) Total ballots cast;
(ix) Total ballots cast by precinct;
(x) Provisional ballot spreadsheet; and
(xi) Any other information deemed necessary to complete the State Canvass.
(b) The official canvass reports shall be signed by the County Canvassing Board.
(c) The certified copy of the County abstract shall be electronically submitted to the Secretary of State's Office immediately after canvassing. The County Clerk may either send the original certified results or send an email stating that the unofficial election results previously submitted to the Secretary of State's Office were not changed by the County Canvassing Board and are the official certified results. Such emails must be accompanied by a scanned copy of the certification page showing proper signatures.
The Secretary of State's Office shall have a written procedure on alternative ways to report the unofficial and official results should it be impossible to report in the normal method.
When a County Clerk conducts a retabulation following an election, such retabulation may constitute a recount pursuant to W.S. 22-16-109(b).