Secretary of State

Election Procedures

Effective Date: 03/30/2020 to Current

Rule Type: Current Rules & Regulations

Reference Number: 002.0005.27.03302020

Chapter 27

Central Counting Center

Section 1. Purpose and applicability.

(a) Wyoming Statute § 22-2-121 requires the secretary of state to adopt rules that allow for the counting of ballots at a central counting center. These rules establish procedures for securely delivering and counting ballots at central counting centers.

(b) These rules apply only if a county clerk elects to use a central counting center during an election. If a county clerk does not elect to use a central counting center, these rules do not apply.

Section 2. Definitions.

(a) “Central Counting Center” means a secure facility where authorized staff count ballots.

(b) “Secure Facility” means a building and/or room which only authorized staff may enter or exit.

(c) “Secure Container” means a container which locks and which only authorized staff may unlock or open.

(d) “Transportation Report” means a report that includes the following information:

(i) The name and address of the polling place;

(ii) Phone number of a designated contact located at the central counting center;

(iii) The time and date the ballots, ballot box(es), and other election related materials were picked-up from the polling place;

(iv) The serial numbers, if applicable, of the seals on any secure container;

(v) Names of the election officials transporting the material and their signatures;

(vi) Name of the chief election judge at the polling place and their signature;

(vii) Name of the designated person who will receive the ballots, ballot box(es), and other election materials, their title and signature; and (viii) The time and date received.

Section 3. Establishment of Central Counting Center.

(a) The county clerk shall designate a central counting center and chief election judge for the central counting center no less than four (4) weeks prior to an election.

(b) Central counting centers shall be secure facilities. County clerks shall not designate central counting centers that are not secure facilities.

(c) The county clerk shall publish notice that the clerk will use a central counting center to count ballots in a newspaper of general circulation in the county and on the county website no more than two (2) weeks and no less than one (1) week prior to an election.

(d) The county clerk shall provide ballot boxes to each polling place.

(e) The county clerk shall document how ballot boxes will be transported from polling places to the central counting center. The county clerk is responsible for ensuring that ballots are securely transported to the central counting center.

Section 4. Prior to the Polls Opening. Prior to the polls opening, the judges of the election shall examine each ballot box using the following procedure:

(a) Two (2) or more election judges, from different political parties, if available, shall be present during each ballot box examination.

(b) The election judges shall open the ballot box, determine that each ballot box is empty, and lock the ballot box immediately following each examination.

(c) The ballot box(es) shall never be left without supervision.

Section 5. During Polling Hours.

(a) A ballot box shall not be opened during polling hours unless the ballot box becomes full. If a ballot box becomes full, election judges, from different political parties, if available, may open the ballot box to rearrange the ballots.

(b) Should the box be too full to sufficiently rearrange the ballots, two (2) election judges, from different political parties, if available, shall follow the following steps:

(i) Remove ballots to a secure container;

(ii) Lock and seal the ballots in the secure container;

(iii) Complete, sign, date and time stamp a form stating that the ballots were removed; and

(iv) Relock the ballot box(es).

Section 6. After the Polls Close.

(a) Two (2) or more election judges, from different political parties, if available, shall seal the ballot box(es) or secure containers immediately upon the closing of the polls and record how many ballot boxes or secure containers are to be transported.

(b) The chief election judge of each polling place shall prepare a transportation report to provide the chief election judge of the central counting center. The chief election judge of the central counting center may designate a person to receive transportation reports.

(c) The election judges shall then prepare the materials necessary for tabulation at the central counting center. The following records shall be returned with the ballots, ballot box(es), secure containers, and transportation report:

(i) All ballots cast, including provisional ballots;

(ii) Spoiled ballots;

(iii) Unused ballots;

(iv) Affidavits, registration application form and oaths where required;

(v) Oaths of judges of election;

(vi) Statement on ballots being removed, if applicable; and

(vii) Any other documents requested by the county clerk.

Section 7. Transportation to Central Counting Center.

(a) The ballot box(es) and secure containers shall be transported by two (2) election judges, from different political parties, if available, in the same vehicle. If traveling together is impractical, one may follow in a separate vehicle.

(b) Ballot box(es) and secure containers shall be transported to the central counting center in an enclosed vehicle or enclosed trailer that is capable of being locked.

(c) Upon arrival to the central counting center, the election judges shall provide the transportation report to the chief election judge of the central counting center or their designee.

(d) The individual listed on the transportation report shall receive the ballot box(es), secure containers, and other election materials and shall verify and sign the transportation report.

(e) If a discrepancy is found within the transportation report, the individual shall notify the county clerk immediately.

Section 8. Procedures for Counting.

(a) The counting board shall run the ballots through the counter and verify that the total ballots match the total number of voters recorded in the pollbook. When the ballots and pollbook are in agreement, the votes shall be counted for the precinct.

(b) If there is a discrepancy between the number of ballots cast and voters recorded in the pollbook, the election judges shall attempt to determine the discrepancy. If the election judges cannot determine the discrepancy, the county clerk and, if necessary, the county canvassing board, shall resolve the discrepancy.

(c) After the votes have been counted, the counting board shall certify the following information with the pollbook and shall report to the county clerk:

(i) The numbers of electors voting in person and by absentee ballot in the precinct at the election;

(ii) In the primary election, the total number of electors voting in the precinct in each political party;

(iii) The full name of each candidate receiving votes;

(iv) The office the candidate is seeking;

(v) The number of votes cast for each candidate;

(vi) The official designation or number of each ballot proposition and the number of votes for and against it; and

(vii) Any write-in candidates that affected the outcome of the election.

(d) The counting board shall seal and lock the ballots after the unofficial results are received.