Chapter 14 - Polling Place Regulations After Polls Close

CHAPTER 14 - POLLING PLACE REGULATIONS AFTER POLLS CLOSE

 

22-14-101. Repealed By Laws 1998, ch. 100, 5.

 

22-14-102. Who may be present after polls close; making pollbooksagree; counting votes.

 

Afterall the votes are cast and the polls are officially declared closed, onlyelection judges shall be permitted in a polling place. When all ballots arecast, the machine shall be locked against further voting and sealed asprescribed by law. Pollbooks within a precinct shall first be made to agreebefore any votes are counted. When the pollbooks agree, election judges shallcommence to count votes and shall continue without adjournment until countingis completed.

 

22-14-103. Counting in paper ballot precincts; discrepancies.

 

Foldedpaper ballots and punch card ballots shall be counted as soon as the ballot boxis opened. Ballots not marked with the official rubber stamp or not initialedby a judge of election or found so folded as to bear the appearance of havingbeen voted by one (1) person shall not be counted. If the number of ballots isnot equal to the number of voters entered in the pollbook as having voted that ballot,the election judges shall attempt to determine the discrepancy. If the electionjudges cannot determine the discrepancy, the county clerk and, if necessary,the county canvassing board, shall resolve the discrepancy.

 

22-14-104. Entry of paper ballot votes on tally sheet.

 

Paper ballots shall be opened by thecounting board and every vote for a candidate or ballot proposition entered ona tally list by a vertical mark, except that every fifth mark shall diagonallycross the preceding four (4). The counting board may determine the order oftallying candidates and ballot propositions. A vote which is not clearly markedshall not be tallied for that office or question but votes clearly marked onthe remainder of the ballot shall be tallied. Ballots contained in separateballot boxes shall be counted and tallied separately.

 

22-14-105. Vote tallying in voting machine precincts.

 

(a) In voting machine precincts, the judgesof election shall cast all remaining absentee ballots on a voting machine inthe manner prescribed by W.S. 22-9-121 and shall lock and seal the votingmachines. They shall certify in writing that the machine was locked and sealed,stating the time, the number of voters voting on each machine in the precinctas shown on the public counters, the number on the seal, and the numberregistered on the protective counter.

 

(b) Election judges shall then determine the number of votescast on each voting machine used in the precinct by opening the machine orobtaining a photographic or mechanical printed return sheet from the machine.

 

(c) After the voting machine is opened or the printed returnsheet obtained, an election judge or counting board member shall read andclearly announce the designating number or letter on each counter for each candidateor ballot proposition and the results shown by the counter numbers. The voteshall be verified by another election judge or counting board member.

 

(d) In machine precincts, write-in votes shall be counted andthe results tallied by the election judges or counting board after the regularballots are counted.

 

(e) After the vote has been tallied from avoting machine and before the official count is certified, the judges ofelection shall subtract any vote recorded on a machine when the machine wasinspected prior to opening the polls.

 

(f) This section does not vitiate theprovisions of W.S. 22-9-125 permitting an alternate procedure for countingabsentee ballots.

 

22-14-106. Certifying information in pollbooks; form.

 

(a) When the votes have been counted, election judges shallcertify the following information in the pollbooks:

 

(i) The numbers of electors voting in personand by absentee ballot in the precinct at the election;

 

(ii) The full name of each of the following receiving votes:

 

(A) Candidates printed on the ballot;

 

(B) Valid write-in candidates; and

 

(C) Nominated or elected write-in candidates.

 

(iii) The office;

 

(iv) The number of votes cast for each of the followingreceiving votes:

 

(A) Candidates printed on the ballot;

 

(B) Valid write-in candidates; and

 

(C) Nominated or elected write-in candidates.

 

(v) The official designation or number ofeach ballot proposition and the number of votes for and against it stated infigures.

 

(b) Election judges shall certify the number of provisionalballots cast.

 

(c) The certificate required by subsection (a) of this sectionshall be in substantially the following form and shall be signed by theelection judges:

 

At an election held in polling precinct No..... in election district No. .... in .... County, Wyoming, on the .... day of...., A.D. .... the total number of persons voting was .... and the followingnamed persons received the number of votes annexed to their respective namesfor the following offices: (Here insert the names of candidates voted for withoffice and number of votes received, in figures; in voting machine precincts,insert the name of each candidate and the vote he received.)

 

At the same election the following ballotpropositions received the number of votes indicated for and against: (Here listballot propositions on the ballot according to official designation or numberand indicate the number of votes for and against each proposition.)

 

Dated at .... this .... day of ...., A.D.....

 

Election Judges

 

ATTEST

 

Election Judges

 

22-14-107. Tabulation of count.

 

Theunofficial tabulation indicating the vote by precinct shall immediately betransmitted by the county clerk to the secretary of state. These unofficialtabulations shall be tabulated by the secretary of the state. The secretary ofstate shall provide procedures for such transmittal through rule andregulation.

 

22-14-108. Repealed by Laws 1991, ch. 243, 5.

 

22-14-109. Repealed by Laws 1991, ch. 243, 5.

 

 

22-14-110. Sealing paper ballots and voting machine records.

 

Paperballots shall be sealed by the election judges in an envelope after beingcounted and tallied. One (1) copy of each voting machine record shall be sealedin a separate envelope showing the district, precinct and machine number andendorsed by the election judges. These envelopes shall then be sealed in asingle large container. The district and precinct number shall be written oneach container.

 

22-14-111. Returning records and returns to clerk.

 

(a) As soon as possible after the tabulation of votes iscomplete, election judges shall return by messenger to the clerk who preparedthe ballots for the election the following records and returns in a sealedpacket:

 

(i) One (1) copy of the sealed pollbook with one (1) sealedcopy from each electronic voting system printer pack;

 

(ii) All ballots cast, including provisional ballots;

 

(iii) Spoiled or rejected ballots;

 

(iv) Ballots not cast;

 

(v) Repealed by Laws 2002, Ch. 18, 3.

 

(vi) Affidavits, registration applicationforms and oaths where required;

 

(vii) Tally sheets.

 

22-14-112. Repealed by Laws 1991, ch. 243, 5.

 

 

22-14-113. Return of voting machine keys and supplies.

 

(a) Keys to voting machines shall be returned to the countyclerk in an envelope sealed and signed by an election judge and endorsed by anelection judge of a different political party affiliation. On this envelopeshall be recorded the number of the seal with which the machine was closed.

 

(b) All voting supplies, ballot boxes andvoting machines shall be returned to the county clerk as soon as possible afterthe vote has been returned.

 

22-14-114. Counting of ballots.

 

For ballots designed to be counted bymachine, each individual vote shall be determined by the voting equipment andshall not be determined subjectively by human tabulation except when the intentof the voter is unmistakable but the ballot was received in such damaged,soiled, or other condition that it is rejected by the machine. The secretaryof state may promulgate rules establishing standards for counting such ballots.For ballots not designed to be counted by machine, only votes clearly marked,as provided by W.S. 22-14-104 and rules promulgated pursuant to this code,shall be tallied. For write-in votes, names which are misspelled or abbreviatedor the use of nicknames of candidates shall be counted for the candidate if thevote is obvious to the board.