Wyo. Code R. 002-0005-19
Effective Date: 08/09/2018 to 10/26/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.19.08092018
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 procedures for the counting of write-in votes and notification of successful candidates.
Section 3. Applicability. These rules apply to all local election officials with responsibilities as designated in W.S. 22-8-101, et seq.
(a) To constitute a valid write-in vote:
The names of write-in candidates shall appear on the voter verifiable paper audit trail, the unofficial results printout, and the printed ballot images as typed by the voter.
The names of write-in candidates shall appear on the ballot as typed by the voter.
(b) The Canvassing Board shall have sole discretion over what write-in names should be grouped and counted.
(c) If it appears from the summary of votes that one office has enough write-in votes to affect the outcome of the election, then the write-in votes and write-in names must be verified by the County Canvassing Board.
(d) If directed by the Secretary of State, all write-in vote totals and all write-in names shall be reported to the Secretary of State for any designated statewide or legislative race.
(e) The top qualified write-in for any office other than precinct committeeman or committeewoman shall be nominated or elected. Casting of lots may be used if necessary to break a tie.
(f) Casting of lots means any method a Canvassing Board uses to break a tie, including, but not limited to, placing names in a container and drawing a name for the winner.
(g) Any person may request to have the votes cast for any one write-in candidate for one specific race, or for all write-in candidates for one specific race, whose votes did not affect the election, counted by:
(i) Filing a request with the appropriate election office; and
(ii) Paying an administrative fee of two hundred and fifty dollars ($250.00). The applicant shall be liable for any cost to count the votes up to a maximum of the fee paid. The County Clerk shall issue a complete accounting of all costs of counting the requested write-in votes and shall refund any surplus to the requestor.
(iii) The administrative fee shall be paid:
(A) To the County Clerk’s Office for any one county or municipal race with write-in candidates;
(B) To each appropriate County Clerk’s Office within a legislative district for any one (1) legislative race with votes for write-in candidates cast in the county; or
(C) To each appropriate County Clerk’s Office for any one (1) statewide race with votes for write-in candidates cast in that county.
(a) The Canvassing Board shall determine if the municipal write-in has received at least three (3) votes. The Canvassing Board shall then determine if the write-in candidate is a qualified voter residing in that municipality and ward, if applicable. The Canvassing Board shall determine the write-in candidate(s) that received the most votes based on the number of offices up for election. If there is a tie, lots shall be cast by the Canvassing Board and the winner shall be notified as required in W.S. 22-16-106(b).
(b) A notice of all eligible write-in candidates as set forth in the County Canvass shall be forwarded to the Municipal Clerk. Failure of the successful write-in candidate to accept the nomination within five (5) days shall result in a vacancy which may be filled as provided in W.S. 22-23-308.
(c) All nominations for the General Election must be submitted to the County Clerk not less than sixty (60) days prior to the General Election as provided in 22-23-308(c).