002-19 Wyo. Code R. § 19-4

Current through April 27, 2019
Section 19-4 - Valid Write-In Votes

(a) To constitute a valid write-in vote:

  • (i) Optical Scan Machines
    • (A) The oval next to the write-in line must be filled;
    • (B) The name must be written on the line provided; and
    • (C) Stickers with preprinted names cannot be used on a ballot.
  • (ii) Direct Record Machines
    • (A) The proper square next to the write-in line must be selected;
    • (B) Using the keyboard, the name must be typed on the line provided. The names of write-in candidates shall appear on the voter verifiable paper audit trail, the unofficial results printout, and the printed ballot images as typed by the voter.
  • (iii) AutoMARK
    • (A) The proper oval next to the write-in line must be selected;
    • (B) Using the keyboard, the name must be typed on the line provided. The names of write-in candidates shall appear on the ballot as typed by the voter.

(b) The Canvassing Board shall have sole discretion over what write-in names should be grouped and counted.

(c) If it appears from the summary of votes that one office has enough write-in votes to affect the outcome of the election, then the write-in votes and write-in names must be verified by the County Canvassing Board.

(d) If directed by the Secretary of State, all write-in vote totals and all write-in names shall be reported to the Secretary of State for any designated statewide or legislative race.

(e) The top qualified write-in for any office other than precinct committeeman or committeewoman shall be nominated or elected. Casting of lots may be used if necessary to break a tie.

(f) Casting of lots means any method a Canvassing Board uses to break a tie, including, but not limited to, placing names in a container and drawing a name for the winner.

(g) Any person may request to have the votes cast for any one write-in candidate for one specific race, or for all write-in candidates for one specific race, whose votes did not affect the election, counted by:

  • (i) Filing a request with the appropriate election office; and
  • (ii) Paying an administrative fee of two hundred and fifty dollars ($250.00). The applicant shall be liable for any cost to count the votes up to a maximum of the fee paid. The County Clerk shall issue a complete accounting of all costs of counting the requested write-in votes and shall refund any surplus to the requestor.
  • (iii) The administrative fee shall be paid:
    • (A) To the County Clerk's Office for any one county or municipal race with write-in candidates;
    • (B) To each appropriate County Clerk's Office within a legislative district for any one (1) legislative race with votes for write-in candidates cast in the county; or
    • (C) To each appropriate County Clerk's Office for any one (1) statewide race with votes for write-in candidates cast in that county.

002-19 Wyo. Code R. § 19-4

Amended, Eff. 8/9/2018.