Wyo. Code R. 002-0005-25
Effective Date: 07/20/2022 to 11/17/2022
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 002.0005.25.07202022
Section 1. Authority. These rules are authorized by W.S. 22-2-121 and W.S. 22-11-103(c).
(a) The County Clerk shall conduct a random audit of test ballots within thirty (30) days of any election in which tabulation equipment was used.
(b) The County Clerk shall notify each political party of the time and date of the post-election audit in this section. Other witnesses may also be present at the county clerk's sole discretion.
(c) The County Clerk may conduct the post-election audit of test ballots required by this section at the same time that the county canvassing board meets.
(d) The County Clerk shall conduct the post-election audit required by this section as follows:
(i) The County Clerk shall randomly select five percent (5%) of each type of automated tabulating equipment to be tested, but not less than one machine.
(ii) The County Clerk shall conduct the post-election audit required by this section using a pre-audited group of test ballots as described in W.S. 22-11-104(b)(iii).
(iii) The County Clerk shall not perform the post-election audit required by this section using the official election cards used in the election unless:
(A) Another set of election cards is not available;
(B) The election has been certified by the County and the State Canvassing Board; and
(C) No contests are pending against the election.
(iv) At a minimum, the County Clerk shall conduct tests to determine whether the tabulating machines accurately count test 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 audit required by this section.
(f) The County Clerk shall maintain certification of the post-election audit required by this section on file and shall send copies to the political party chairman of any political party that 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 in this section, the County Clerk shall notify the Secretary of State in writing as soon as possible.
Section 3. Post-Election Audit of Official Ballots Cast. The Secretary of State hereby incorporates by reference the following policy:
(a) Wyoming's Statewide Election Audit Policy adopted by the Secretary of State and effective June 29, 2022, found at: https://sos.wyo.gov/Elections/PostAudit/Post_Election_Audit_Policy.pdf.
(b) For these rules incorporated by reference:
(i) The Secretary of State has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and
(iii) The incorporated policy is maintained at the Secretary of State's office and is available for public inspection and copying at the same location.