Wyo. Code R. 002-0005-3
Effective Date: 10/31/2011 to 10/22/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.3.10312011
Rules for Uniformed and Overseas Citizens' Absentee Voting
These rules are authorized by W.S. 22-2-121(b) and (d) and are necessary to implement the Help America Vote Act of 2002 [hereafter referred to as HAVA], P.L. 107-252, Sections 702 through 707, and the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, [hereafter referred to as UOCAVA] as amended by HAVA.
These rules are promulgated to enable state and local Wyoming election officials and employees to administer UOCAVA, as amended by HAVA, uniformly and efficiently.
(a) These rules apply to all state and local election officials and employees with responsibilities under UOCAVA, which in turn applies to all absent uniformed services voters and to all absent overseas citizens [hereafter collectively referred to as UOCAVA voters] as defined in Section 107, UOCAVA, 42 U.S.C. §1973ff-6, and to all UOCAVA voters and prospective voters.
(a) The Office of the Wyoming Secretary of State is hereby designated as the single office responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by UOCAVA voters with respect to elections for federal office (including procedures relating to the use of the federal write-in absentee ballot) to all UOCAVA voters who wish to register to vote or to vote in any jurisdiction in the State.
(a) All persons identified under W.S. 22-3-117(b) shall be allowed to simultaneously register and make application for an absentee ballot through the use of the Federal Postcard Application (FPCA).
(b) Individuals who were born overseas but who have been granted citizenship and whose parent or guardian is eligible to register and vote in this state may register to vote by federal postcard application. Such individuals shall be assigned to the voting precinct of the resident parent.
(c) When registering to vote, an overseas voter who is eligible to vote in Wyoming shall be assigned to the voting precinct of the address of the last place of residence in Wyoming. If that address is no longer a recognized address, the voter shall be assigned a nonstandard voting address.
(d) Upon returning to the United States, any voter registered pursuant to this section shall notify the county clerk to cancel the voter's registration if the voter has established residence outside the county where registered.
(e) The county clerk may require any UACAVA voter to present acceptable identification, as provided under W.S. 22-3, 101, et seq., for purposes of establishing identification, residency and citizenship.
(a) The Office of the Secretary of State shall accept inquiries regarding voter registration procedures and absentee ballot procedures (including procedures relating to the use of the federal write-in absentee ballot) from UACAVA voters whether received by U.S. mail, e-mail, facsimile, or telephone. Mail inquiries shall be addressed to the Wyoming Secretary of State, attention: Election Division, Wyoming State Capitol, 200 West 24th Street, Cheyenne, Wyoming 82002-0200. The current telephone number, facsimile number, and e-mail address shall be available from the Secretary's website.
(b) The information provided shall include the applicable election deadlines and the contact information for the appropriate County Clerk including telephone number, facsimile number, postal address, e-mail address, and website address, if any.
(c) The information may be provided by telephone, U.S. mail, e-mail, and through the Secretary's website.
(a) Applications for voter registration may be made at any time, although not less than thirty (30) days prior to an applicable election. Applications shall be directed to the appropriate county clerk and shall otherwise be processed in accordance with Wyoming law except as noted below.
(b) In two situations, the requirement that an application for registration must reach the county clerk no less than thirty (30) days prior to an election is inapplicable. State registration application forms accompanied by requests for absentee ballots and official Federal Postcard Application forms requesting voter registration and absentee ballot(s) may both be accepted and processed when received fewer than thirty (30) days before an applicable election.
Under UOCAVA, Section 102, if the state requires an oath or affirmation to accompany any document under this title [Registration and Voting by Absent Uniformed Service Voters and Overseas Citizens], the state shall use the standard oath prescribed by the Presidential designee under section 101(b)(7). UOCAVA, Section 102(a)(5). The standard oath has been prescribed as follows:
I swear or affirm, under penalty of perjury, that I am:
1. A member of the Uniformed Services or merchant marine on active duty; or an eligible spouse or dependent of such a member; or, a U.S. citizen residing outside the U.S.; or, other U.S. citizen residing outside the U.S.; and
2. I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and
3. I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and
4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced. My signature and date below indicate when I completed this document. The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.
Signed:___ Date:___ Month/Day/Year
(a) Absentee ballot applications from UOCAVA voters shall be processed in accordance with Wyoming law and UOCAVA, Section 102.
(b) When timely application has been made for a state absentee ballot and the absentee ballot sent by the County Clerk has not been received, an absent overseas voter, as defined in UOCAVA, Section 107(5) and 42 U.S.C. 1973ff-6(5), may use a federal write-in absentee ballot subject to the requirements of UOCAVA, Section 103. The federal write-in absentee ballot shall be counted only if:
(i) the write-in absentee ballot was submitted from overseas;
(ii) the state ballot application was received by the county clerk at least 30 days prior to the election; and
(iii) the state absentee ballot was not received before the polls closed on election day. UOCAVA, Section 103.
Section 10. Procedures for Processing Absentee Ballot Requests for Two Election Cycles.
(a) When a UOCAVA voter applies using the Federal Postcard Application to register to vote and simultaneously to request absentee ballots for the next federal election(s) and the subsequent federal elections two years hence, the voter shall be provided absentee ballots for each of those regularly scheduled federal elections without the necessity of requesting them again.
(b) Federal Postcard Applications used to register by mail and to request absentee ballot(s) simultaneously shall be processed in accordance with Wyoming and federal law; however, special records shall be kept of all requests as described in (a) above so that the UOCAVA voters shall be assured that the requested absentee ballots shall be sent as soon as available for all covered elections.
Section 11. Reports of Absentee Ballots Transmitted and Returned and Cast.
(a) Following each regularly scheduled federal election, each County Clerk shall report to the Secretary of State in the prescribed format the number of absentee ballots transmitted to UOCAVA voters and the number of such ballots which were returned by the UOCAVA voters and cast in the election.
(b) No later than 90 days following each regularly scheduled federal election, the Secretary of State shall report using the format prescribed by the Election Assistance Commission the composite data described in (a) above to the Election Assistance Commission and make the report available to the public.