Wyo. Code R. 002-0005-15
Effective Date: 12/15/2009 to 10/22/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.15.12152009
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.
The county clerk shall submit unofficial results as prescribed by the Secretary of State's Office.
Section 5. Following the Canvass Board Meeting.
(a) The county clerk shall submit official results as prescribed by the Secretary of State's Office. This shall include:
(i) The precinct-by-precinct results; (ii) Over and under votes; (iii) Write-in vote totals; (iv) Write-in names that could have affected the outcome of the races of interest to the secretary of state; (v) How many provisional votes were received; (vi) How many provisional votes were counted; and (vii) Reason for rejection of provisional votes.
(b) The official canvass reports shall be signed by the county canvassing board.
(c) Official results shall be sent to the Secretary of State's Office via overnight delivery using Federal Express. If a county does not have access to Federal Express, results shall be sent using United States Postal Service (USPS) Express Mail. If neither overnight service is available, the county clerk shall request approval from the secretary of state to use an alternate overnight delivery system. All deliveries shall include the name and phone number of the contact person.
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).