Wyo. Code R. 002-0005-25
Effective Date: 10/22/2013 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0005.25.10222013
Post Election Audit
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.
These rules are promulgated for purposes of complying with HAVA requirements and to establish standards and procedures for the post election audit of ballots using the automated tabulating equipment used to tabulate votes. These procedures are for the purpose of spot checking the operation of the automated tabulating equipment and not for the purpose of validating the conduct or outcome of any specific election. Specific election results are regulated through the canvassing process.
These rules apply to all chief election officers as designated in W.S. 22-2-103.
(a) The County Clerk must conduct a random audit of ballots within thirty (30) days of any election in which tabulating equipment was used.
(b) The County Clerk shall notify each political party of the time and date of the post election audit. Other witnesses may also be present.
(c) The post election audit of ballots may be scheduled when the County Canvassing Board meets.
(d) The post election audit must be conducted on five percent (5%) of each type of automated tabulating equipment, but not on less than one machine.
(i) The County Clerk shall randomly select five percent (5%) of the voting equipment to be tested.
(ii) The post election audit shall be conducted with a preaudited group of test ballots as described in W.S. 22-11-104(b)(iii).
(iii) The post election audit shall not be performed on the official election cards used in the election unless:
(A) Another set of election cards is not available; and
(B) The election has been certified by the County and the State Canvassing Board; and
(C) No legal actions are pending against the election.
(iv) At a minimum, tests shall be conducted to determine whether the tabulating machines accurately count ballots cast and whether the tabulating machines reject votes in excess of the number allowed by law to be cast.
(e) No canvassing data shall be erased in order to conduct the post election ballot audit.
(f) Certification of the post election audit shall be on file in the County Clerk’s Office and copies shall go to the political party chairman having had candidates on the ballot and to the independent candidates on the ballot or their representatives.
(g) Should a voting machine fail the post election audit test, the County Clerk shall notify the Secretary of State in writing of the audit problem.