Secretary of State

Election Procedures

Effective Date: 10/22/2013 to Current

Rule Type: Current Rules & Regulations

Reference Number: 002.0005.4.10222013

Wyoming Secretary of State

Rules for Using Provisional Ballots

CHAPTER 4

Section 1. Authority.

These rules are authorized by W.S. 22-2-121(b) and (d) and are necessary to implement Section 302 of the Help America Vote Act of 2002 [hereafter referred to as HAVA], P.L. 107-252.

Section 2. Purpose.

These rules are promulgated to enable State and local Wyoming election officials and employees to administer W.S. 22-1-102(a)(xli) and W.S. 22-15-105 and the requirements of HAVA relating to provisional ballots uniformly and efficiently.

Section 3. Applicability.

These rules apply to all State and local election officials, employees, and election judges by whatever designation with responsibilities concerning provisional ballots, and to all voters and prospective voters.

Section 4. Use of Provisional Ballots.

Prospective voters shall be permitted to cast provisional ballots as provided in W.S. 22-1-102(a)(xli), 22-3-118, and 22-15-105. Also, when the polls are kept open after 7:00 p.m. by court order or by Emergency Directive of the Secretary of State, all voters entering the polls after 7:00 p.m. shall be permitted to cast provisional ballots only.

Section 5. Provisional Voting Form.

(a) The provisional voting form shall contain:

(i) Instructions for election judges regarding appropriate use of provisional ballots consistent with this Chapter;

(ii) Instructions to voters regarding how, when, and where they must provide documentation showing their eligibility to vote in the precinct;

(iii) Instructions to voters regarding how and when to determine if a ballot was counted by the County Canvassing Board; and

(iv) The name, street address, telephone number, and business hours of the County Clerk for the day following election day.

(b) The provisional voting form shall also provide space for the following information to be recorded:

1. (i) Election date;
2. (ii) County name;
3. (iii) District and precinct numbers;
4. (iv) Election judge's name; and
5. (v) The reason for issuing the provisional ballot.

Section 6. Provisional Ballots and Secrecy Envelopes.

(a) Provisional ballots shall be clearly marked as such and shall be of a form that cannot automatically be tabulated [W.S. 22-15-105]. They may be:

1. (i) Photocopies of the regular ballot with "Provisional Ballot" clearly printed at the top;
2. (ii) Regular ballots with the bar code disabled; or
3. (iii) Another form that satisfies the above requirement.

(b) Provisional ballots shall have the County number listed first followed by any sequence of numbers desired (such as a district/precinct number) as long as there is no possibility of a duplicate number.

(c) Provisional ballots, when completed, shall be sealed in secrecy envelopes.

(d) The outside of the secrecy envelope shall bear the affirmation prescribed by W.S. 22-15-105(b).

Section 7. Handling of Provisional Voting Forms and Provisional Ballots.

(a) An election judge will fill out the provisional voting form for the voter.

(b) The two pages of the form shall be separated, and the first page retained by the election judge.

(c) The second page of the form shall be returned to the voter.

(d) The voter shall execute the oath or affirmation on the secrecy envelope, seal his or her completed ballot in it, and return it to the election judge.

(e) Provisional ballots shall be secured and segregated from other ballots. They shall not be included in the election day tabulation of votes.

(f) Provisional ballot envelopes shall be marked by County number first and then each provisional ballot envelope shall have a unique number following the County number.

Section 8. Post Election Processing of Provisional Ballots.

(a) After the time allowed for provisional voters to present documentation of their right to vote in an election, election officials shall attach the documentation provided to each provisional ballot envelope.

(b) The provisional ballots and their attachments shall be forwarded to the County Canvassing Board for its review and determination of the validity of each.

(c) The County Canvassing Board shall conduct its business concerning the validity of the provisional ballots in such a manner as to protect the confidentiality of the votes (which is most critical when there are few valid provisional ballots) and the privacy rights of the provisional voters, including at a minimum, the identity and confidential personal information of the voter. The Board shall meet in executive session as required to do so.

(d) Those voters casting provisional ballots who are determined to be eligible to vote in the precinct shall have their provisional ballots counted and the results of the entire ballot shall be added to the results of the election.

Section 9. Reports of Provisional Ballots Cast and Counted.

When the abstracts, including the provisional ballot results, have been reviewed and certified by the County Canvassing Board, they shall immediately be forwarded to the Office of the Secretary of State.