Wyoming Recount Laws

This information was initially released on October 21, 2010. Note: The website hosting Wyoming's Revised Statutes does not allow for us to link to individual statutes or sections. The index for and links to all statutes cited below can be found at: http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title22/T....

Voting System Used: 

Mixed paper ballot and DREs with VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount, retabulation and electronic review For its initial count, Wyoming utilizes a mixture of hand counting and machine tabulation, depending on the precinct. See the Wyoming Revised Statutes, Title 22, “Elections,” Chapter 14, “Polling Place Regulations After Polls Close.” While there is no clear statutory guidance provided on the counting method for recounts, the Election Code defines a “recount” as “the processing of ballots through the tabulation system for an additional time or times,” suggesting that the initial counting method is utilized again during a recount. See Chapter 1, “Wyoming Election Code,” Section 22-1-102, Subsection (a)(xlii). For Wyoming, this results in a mix of recount, retabulation, and electronic review.

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated Election official-initiated Election-Official Initiated Recounts: County canvassing boards are authorized to carry out a recount when it appears that there are “irregularities” in a precinct. See Section 22-16-109, “Recounts,” Subsection (a). Timing: The county clerk must certify the recount results within 72 hours of the beginning of the recount. See Section 22-16-112, “Precincts to be recounted; recount official result,” Subsection (c).

Close Vote Margin: 

Less than or equal to 1% Wyoming uses a method to calculate their close vote margin (which is “less than or equal to 1%” for all offices) that differs slightly from many states. The difference in votes received by the apparent winning and apparently defeated candidates is not divided by the total vote, the total votes cast for the respective office, or the total votes received by the top two candidates. Rather, the difference is divided by “the number of votes cast for the winning candidate receiving the least number of votes cast for that office.” This lessens the probability of a close vote margin recount in Wyoming with respect to states that have otherwise similar close vote margin requirements. The close vote margin applies to any office in any election. See Section 22-16-109, Subsection (b). There is also a 1% close vote margin for ballot propositions and constitutional amendments, although the method to calculate the 1% varies for each. For ballot propositions, the difference between the votes received for each side is divided by the total number of votes cast on the proposition, but for constitutional amendments, it is divided by the total number of votes cast in the election. See Section 22-16-111, “Recount of ballot proposition,” Subsection (a)(i). Timing: The county clerk must certify the recount results within 72 hours of the order for the recount. See Section 22-16-112, “Precincts to be recounted; recount official result,” Subsection (c).

Candidate-Initiated Options: 

Any candidate may request a recount if they believe fraud or irregularities to have taken place. The recount is not limited to requested precincts, but will be conducted “in the entire district in which the candidate is standing for election.” The statute lists no restrictions on the type of election (primary or general) in which a candidate may request a recount. See Section 22-16-110, “How candidate may obtain recount; where affidavit filed.” Timing: The recount request must be filed no later than two days after the canvass of the vote. See Section 22-16-110, Subsections (i) and (ii). As for all other recounts, the results must be certified within 72 hours of the filing of the recount request. See Section 22-16-112, Subsection (c).

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions A minimum of 25 voters is required to file a request on a ballot proposition. Both statewide and county-level ballot propositions may be recounted. See Section 22-16-111, Subsection (a)(ii). Timing: The recount request must be filed no later than two days after the canvass of the vote. See Section 22-16-111, Subsection (a)(ii). As for all other recounts, the results must be certified within 72 hours of the filing of the recount request. See Section 22-16-112, Subsection (c).

Cost for Candidate-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Initiators must pay a deposit of $100 when they file for the recount. If the outcome of the election is changed by the recount, the deposit is refunded. If the outcome is not changed, the initiators are liable for the remainder of the costs, up to $500 per county. See Section 22-16-113, “Recount deposit; expense of recount.”

Cost for Voter-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Initiators must pay a deposit of $100 when they file for the recount. If the outcome of the election is changed by the recount, the deposit is refunded. If the outcome is not changed, the initiators are liable for the remainder of the costs, up to $500 per county. See Section 22-16-111, Subsections (a)(ii) and (b).

Challengers and Observers: 

No statutory guidance for recount observers No statutory guidance for recount challengers We found no statutes describing a role for either observers or challengers during the recount process, nor did we find any statute requiring that the recount be conducted publicly. If you know of relevant laws or rules for this state regarding any of these issues, please email info@ceimn.org.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent The statutory guidance provided for determining voter intent in Wyoming is not detailed, although Section 22-14-104, “Entry of paper ballot votes on tally sheet,” does state: “A vote which is not clearly marked shall not be tallied for that office or question but votes clearly marked on the remainder of the ballot shall be tallied.” However, Section 22-14-114, “Counting of ballots,” charges the Secretary of State with promulgating rules for voting machine ballots where “the intent of the voter is unmistakable but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine,” as well as with promulgating rules regarding paper ballots. These can be found in the Secretary of State Rules, “Election Procedures,” Chapter 6, “Rules for Establishing Standards for Counting Damaged Ballots”: http://soswy.state.wy.us/Rules/RULES/7040.pdf.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Wyoming does not have audit laws.

Additional Resources: 
Wyoming Election Code - Section 22-16-109
Wyoming Secretary of State