002-25 Wyo. Code R. § 25-4

Current through April 27, 2019

Section 25-4 - Procedures for Conducting a Post Election Audit of Ballots

(a) The County Clerk must conduct a random audit of ballots within thirty (30) days of any election in which tabulating equipment was used.

(b) The County Clerk shall notify each political party of the time and date of the post election audit. Other witnesses may also be present.

(c) The post election audit of ballots may be scheduled when the County Canvassing Board meets.

(d) The post election audit must be conducted on five percent (5%) of each type of automated tabulating equipment, but not on less than one machine.

• (i) The County Clerk shall randomly select five percent (5%) of the voting equipment to be tested.

• (ii) The post election audit shall be conducted with a preaudited group of test ballots as described in W.S. 22-11-104(b)(iii).

• (iii) The post election audit shall not be performed on the official election cards used in the election unless:
  • (A) Another set of election cards is not available; and
  • (B) The election has been certified by the County and the State Canvassing Board; and
  • (C) No legal actions are pending against the election.

• (iv) At a minimum, tests shall be conducted to determine whether the tabulating machines accurately count ballots cast and whether the tabulating machines reject votes in excess of the number allowed by law to be cast.

(e) No canvassing data shall be erased in order to conduct the post election ballot audit.

(f) Certification of the post election audit shall be on file in the County Clerks Office and copies shall go to the political party chairman having had candidates on the ballot and to the independent candidates on the ballot or their representatives.

(g) Should a voting machine fail the post election audit test, the County Clerk shall notify the Secretary of State in writing of the audit problem.

002-25 Wyo. Code R. § 25-4