22-11-104. Conduct of elections in which systems utilized.
809 words·~4 min read·
/wy/title-22-elections/chapter-11-electronic-voting-systems/22-11-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All provisions of the Election Code governing the conduct of elections shall apply to elections in which electronic voting systems are used, except that the county clerk of any county in which an electronic voting system is used may make such modifications in ballot form as are necessary to facilitate the use of the electronic voting system and yet maintain the integrity of the election and the intent of the law.
(b)The county clerk of each county using an electronic voting system shall:
(i)Determine whether paper ballots, ballot cards or a combination of both will be used in each polling place;
(ii)Before the day of election deliver to each polling place using an electronic voting system:
(A)A sufficient number of voting devices and ballots;
(B)Repealed By Laws 2014, Ch. 108, § 2.
(C)Other appropriate instructional materials or devices; and
(D)All other materials required by law.
(iii)Before testing an electronic voting system for an election, not later than two
(2)days before a test of an electronic voting system or not later than twenty-four
(24)hours before any re-test of an electronic voting system, post a public notice in the office of the county clerk and the website of the county clerk and notify the state chairman and the county chairman of each political party having a candidate on the ballot, stating the time and place of the test. The political party representatives, representatives of independent candidates, at the county clerk's discretion not less than three
(3)members of the public, but not more than a number that will ensure the orderly testing of machines, and members of the public may be present for the test, which shall be held at least two
(2)weeks before the election. The test shall ascertain that all automatic tabulating equipment to be used in the election will accurately count the votes cast on all ballot styles that may be used in the election for all offices and all measures. The test shall be conducted by processing a preaudited group of all ballot styles on which are recorded a predetermined number of valid votes for each candidate and on each measure and shall include for each office one
(1)or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If the county use an electronic ballot marking device in any way, the test shall also be conducted using ballots or ballot cards on each machine that are marked by an electronic ballot marking device. During the test a different number of valid votes shall be assigned to each candidate, including write-in candidates, for an office, and for and against each measure, including at least one
(1)undervote and one
(1)overvote in each race or measure in each ballot style for each machine type capable of recording an undervote or overvote. If any error is detected, or if the test is not completed in compliance with law, the cause of it shall be ascertained and corrected and an errorless count shall be secured and certified to by the county clerk. On completion of the count, the results, reported in the same manner official election results are reported, shall be retained by the county clerk, posted to the county clerk's website and a copy of the results, reported in the same manner official election results are reported, shall be provided to any person upon request. The programs, test materials and ballots shall be sealed and retained as provided for paper ballots, provided that if a re- test is required the seals may be broken so that an errorless count can be secured and certified as provided in this paragraph;
(iv)Designate one
(1)or more counting centers;
(v)Provide adequate security for the delivery of all ballots to the designated counting center;
(vi)Provide that if any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment, a true, duplicate copy shall be made by counting board members and substituted for the damaged or defective ballot. All duplicate ballots shall be clearly labeled "Duplicate" and shall bear a serial number which shall be recorded on the damaged or defective ballot. Damaged or defective ballots shall be delivered with the returns to the county clerk;
(vii)Ensure that every electronic voting system used in the county has and uses an air gap.
(c)In addition to any other duties prescribed by law, election judges in polling places using an electronic voting system shall:
(i)Repealed By Laws 2014, Ch. 108, § 2.
(ii)Provide adequate instruction in the use of the voting device to each voter before he enters the voting booth. Additional instruction may be provided as specified by law.