Wyo. Code R. 002-0005-19
Effective Date: 07/08/2008 to 12/15/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.19.07082008
Wyoming Secretary of State
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.
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 print out, and the printed ballot images as they were 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 they were typed by the voter.
(b) The canvass 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-in for precinct committeemen or women will be duly elected. Casting of lots may be used if necessary to break a tie.