Wyo. Code R. 002-0005-19
Effective Date: 10/22/2013 to 08/09/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.19.10222013
Rules for Write-In Votes
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.
Section 4. Valid Write-In Votes.
(a) To constitute a valid write-in vote:
(i) Optical Scan Machines
(A) The oval next to the write-in line must be filled; (B) The name must be written on the line provided; and (C) Stickers with preprinted names cannot be used on a ballot.
(ii) Direct Record Machines
(A) The proper square next to the write-in line must be selected;
(B) Using the keyboard, the name must be typed on the line provided. The names of write-in candidates will appear on the voter verifiable paper audit trail, the unofficial results printout, and the printed ballot images as typed by the voter.
(A) The proper oval next to the write-in line must be selected.
(B) Using the keyboard, the name must be typed on the line provided. The names of write-in candidates will 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 must be reported to the Secretary of State for any designated statewide or legislative race.
(e) The top qualified write-ins for precinct committeemen or women will be duly elected. Casting of lots may be used if necessary to break a tie.
(f) The top qualified write-in for any other office shall be nominated or elected. Casting of lots may be used if necessary to break a tie.
(g) Casting of lots means any method a Canvassing Board uses to break a tie, including placing names in a container and drawing a name for the winner.
(h) Any person may request to have the votes cast for any write-in candidate, 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 twenty-five dollars ($25):
(A) To the appropriate election office for any one (1) local race with write-in candidates;
(B) To each appropriate County Clerk’s Office for any one (1) legislative or 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 can 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 60 days prior to the General Election as provided in 22-23-308(c).