Wyo. Code R. 002-0005-5
Effective Date: 10/22/2013 to 08/26/2022
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0005.5.10222013
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 making prior arrangements with his County Clerk.
(a) The voters to whom these rules apply shall notify their County Clerks 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 voter’s 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 or counting center;
(iii) The opportunity to have his ballot delivered from his regular polling place to him in his vehicle 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;
(iv) The opportunity to vote in an accessible polling place on an accessible voting system properly programmed for his correct precinct;
(v) The opportunity to vote his ballot by other reasonable means in any accessible location as may be available in the County.
(i) Curbside voting can only take place at polling places with a minimum of four judges.
(ii) Curbside voting is a procedure whereby two election judges leave the polling place and deliver a ballot to a person in a vehicle which is parked near the entrance to the polling place.
(iii) Two election judges, of different political parties if possible, once notified of the need for curb-side assistance, will determine if a voter is registered to vote in that precinct. If the voter is currently registered, his name will be marked on the poll book/poll list, and the correct ballot will be delivered to the voter in a secrecy sleeve. If the voter is not registered or if a change needs to be made to the voter registration information, the two election judges will deliver a voter registration/change card to the voter for completion prior to providing a ballot to the voter.
(iv) The election judges will provide proper instructions to the voter, along with an appropriate marking device.
(v) After the ballot is voted, the election judges will instruct the voter to insert the ballot into the secrecy sleeve and then give the secrecy sleeve with the ballot to the two election judges who will take the ballot into the polling place.
(vi) The voter will be given the option to wait until the ballot is inserted into the optical scan machine or other voting machine.
(vii) The two election judges will insert the ballot into the optical scan machine or other voting machine provided at the polling place.
(viii) Any errors on the ballot, such as under or over votes, shall be noted by the two election judges. These judges shall return to the voter, if waiting, and inform him of the errors and provide an opportunity, if the voter so desires, to change or correct the ballot.
A ballot voted in other than the voter’s precinct of residence, because of accommodation made pursuant to this Chapter, shall be kept confidential. It shall be counted in the proper precinct and the vote reported with the results from that precinct.