Wyo. Code R. 002-0005-5
Effective Date: 10/06/2004 to 07/08/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.5.10062004
Rules for Assuring the Accessibility of Polling Places
These rules concern the accessibility of polling places for people who are elderly and those with disabilities. They are authorized by W.S. 22-2-121(b) and (d) and the Help America Vote Act [HAVA], Section 303(b)(3), P.L. 107-252, 42 U.S.C. §§15301-15545, and the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. 1973ee–1(b)(2)(B)(ii).
These rules are promulgated to establish procedures for assuring that people who have disabilities or are elderly and want to vote in person have access to polling places or alternatives for voting.
These rules apply to any registered voter whose polling place is inaccessible to him. He may pursue voting in an alternative setting by arranging to do so prior to an election with his County Clerk.
(a) The voters to whom these rules apply shall notify their County Clerks no less than 10 days prior to an election of their need for accommodation because of the inaccessibility of their local polling places.
(b) The notice may be oral or written and no statement from a medical doctor or other professional shall be required to verify the voters’ statements.
(a) When an eligible voter determines that his assigned polling place will be inaccessible to him on election day, upon notice to the county clerk, he shall be offered one or more alternatives to voting in person at that location, which alternatives may include but shall not be limited to the following:
(i) the opportunity to vote by absentee ballot in advance of the election;
(ii) the opportunity to have the appropriate absentee ballot delivered to an accessible polling place where he may vote it and, while maintaining the secrecy of the ballot, to have it be returned to and counted at his polling place;
(iii) the opportunity to have his ballot delivered from his regular polling place to him in his vehicle there at curb-side, and when voted, while maintaining the secrecy of the ballot, to have it picked up and returned to the polling place to be deposited in the ballot box to be counted there;
(iv) the opportunity to vote in an accessible polling place on a direct recording electronic voting system properly programmed for his correct precinct, if such a system is available;
(v) the opportunity to vote on the appropriate candidates and ballot issues by other reasonable means in an accessible location as may be available in the county.
Ballots voted in other than the voters' precincts of residence shall be kept confidential. They shall be returned to and counted in the proper precincts, and the votes on them reported along with the results from those precincts.