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--- version:Introduced+++ version:(document, no version)@@ -1,400 +1,1848 @@-2026 STATE OF WYOMING 26LSO-0044-- 1 HB0052--HOUSE BILL NO. HB0052--Elections-hand counting for recounts.--Sponsored by: Joint Corporations, Elections & Political+HB0052 Elections-hand counting for recounts.++Sponsored By: Joint Corporations, Elections & PoliticalSubdivisions Interim Committee-A BILL--for--1 AN ACT relating to elections; providing a process for-2 certain recounts to be conducted by hand counting the-3 votes; authorizing the secretary of state and county clerks-4 to require recounts as specified; providing for hand counts-5 to be requested by candidates as specified; specifying the-6 costs of recounts; clarifying when a counting board is-7 required to be appointed; requiring rulemaking; creating an-8 account; making conforming amendments; providing an-9 appropriation; and providing for an effective date.-10-11 Be It Enacted by the Legislature of the State of Wyoming:-12-13 Section 1. W.S. 22-1-102(a)(xlii), 22-8-102,-14 22-8-108(a), (c), (d) and by creating a new subsection (e),-15 22-14-114(a), 22-16-109(a) through (c) and by creating new-2026 STATE OF WYOMING 26LSO-0044-- 2 HB0052--1 subsections (d) through (g), 22-16-110(a)(intro),-2 22-16-111(a)(intro), (i), (ii) and (b) and 22-16-113(a)(i),-3 (ii), (b) and (c) are amended to read:-4-5 22-1-102. Definitions.-6-7 (a) The definitions contained in this chapter apply-8 to words and phrases used in this Election Code and govern-9 the construction of those words and phrases unless they are-10 specifically modified by the context in which they appear.-11 As used in this Election Code:-12-13 (xlii) "Recount" is the counting of ballots by-14 hand or the processing of ballots through the tabulation-15 system for an additional time or times, conducted for the-16 specific purpose of counting votes again in any specific-17 race, based upon the criteria of W.S. 22-16-109 or-18 22-16-111 through 22-16-113;-19-20 22-8-102. Qualifications.-21-22 Except as otherwise provided by this section, judges of-23 election and members of counting boards shall be registered-2026 STATE OF WYOMING 26LSO-0044-- 3 HB0052--1 electors and shall be physically, morally and mentally-2 competent to perform their duties. The county clerk may-3 appoint persons who are at least sixteen (16) years of age-4 to serve as judges of election or members of counting-5 boards if such persons meet all other requirements for-6 qualification of an elector. A judge of election shall not-7 be a member of a counting board at the same election except-8 as provided by W.S. 22-8-108(d) and (e).-9-10 22-8-108. Appointment, composition and authority of-11 counting boards; when judges to count.-12-13 (a) Unless ballots are tabulated by electronic voting-14 systems, the county clerk shall appoint a counting board-15 for each paper ballot polling place casting more than three-16 hundred (300) votes at the last general election, and may-17 appoint a counting board in such a polling place in which-18 one hundred fifty (150) or more such votes were cast at-19 such election. A counting board shall have three (3)-20 members or more to facilitate the counting of votes. No-21 more than one (1) person under the age of eighteen (18) may-22 be appointed as to each counting board.-23-2026 STATE OF WYOMING 26LSO-0044-- 4 HB0052--1 (c) The counting board in a paper ballot polling-2 place appointed under subsection (a) of this section has no-3 authority to act until polls are declared closed as-4 provided in W.S. 22-13-117, except as provided in W.S.-5 22-9-125(d). A counting board in an electronic voting-6 system counting center may commence preparing absentee-7 ballots for counting at any time on election day, or before-8 election day as provided in W.S. 22-9-125(d).-9-10 (d) For a polling place where a counting board need-11 not be appointed under subsection (a) of this section, the-12 judges of election shall count the votes. This subsection-13 shall not apply if ballots are tabulated by electronic-14 voting system.-15-16 (e) The county clerk shall appoint a counting board-17 for the purposes of completing recounts as provided in W.S.-18 22-16-109. The counting board under this subsection shall-19 consist of not less than three (3) members. Additional-20 counting board members may be appointed if deemed necessary-21 by the county clerk.-22-23 22-14-114. Counting of ballots.-2026 STATE OF WYOMING 26LSO-0044-- 5 HB0052--1-2 (a) The following shall apply to the counting of-3 ballots:-4-5 (i) For ballots designed to be counted by-6 machine, each individual vote shall be determined by the-7 voting equipment and shall not be determined subjectively-8 by human tabulation except as provided below:-9-10 (A) When the intent of the voter is-11 unmistakable but the ballot was received in such damaged,-12 soiled, or other condition that it is rejected by the-13 machine. The secretary of state may promulgate rules-14 establishing standards for counting such ballots;.-15-16 (B) When being recounted by hand in-17 accordance with W.S. 22-16-109. The secretary of state may-18 promulgate rules establishing standards for counting such-19 ballots;-20-21 (C) When counting write-in votes by-22 candidate under W.S. 22-16-103(a)(iii).-23-2026 STATE OF WYOMING 26LSO-0044-- 6 HB0052--1 (ii) For ballots not designed to be counted by-2 machine, only votes clearly marked, as provided by W.S.-3 22-14-104 and rules promulgated pursuant to this code,-4 shall be tallied;.-5-6 (iii) For write-in votes, names which are-7 misspelled or abbreviated or the use of nicknames of-8 candidates shall be counted for the candidate if the vote-9 is obvious to the board.-10-11 22-16-109. Recounts.-12-13 (a) The county canvassing board shall make a recount-14 of precinct votes if it appears to the board that a recount-15 is required due to irregularities in that precinct. The-16 recount under this subsection may be conducted by a hand-17 count or by using electronic voting equipment as determined-18 by the county canvassing board.-19-20 (b) Prior to the county canvass, there shall be a-21 recount made of all the votes:-22-2026 STATE OF WYOMING 26LSO-0044-- 7 HB0052--1 (i) Cast for any federal, statewide or-2 legislative office in which the difference in number of-3 votes cast for the winning candidate receiving the least-4 number of votes and the number of votes cast for the losing-5 candidate receiving the greatest number of votes is less-6 than one percent (1%) two percent (2%) of the number of-7 votes cast for the winning candidate receiving the least-8 number of votes cast for that office in that county. This-9 recount shall be made in the entire district in which the-10 candidates are standing for election in that county. This-11 recount shall be conducted by a hand count. A recount under-12 this subsection shall not be required if a recount is-13 required under paragraph (ii) of this subsection for the-14 same office;-15-16 (ii) Cast for any federal, statewide or-17 legislative office in which the difference in the number of-18 votes cast for the winning candidate receiving the least-19 number of votes and the number of votes cast for the losing-20 candidate receiving the greatest number of votes is less-21 than one percent (1%) of the number of votes cast for the-22 winning candidate receiving the least number of votes cast-23 for that office in the entire state or district. This-2026 STATE OF WYOMING 26LSO-0044-- 8 HB0052--1 recount shall be made in each county in which the-2 candidates are standing for election. This recount shall be-3 conducted by a hand count;-4-5 (iii) Cast for any other office not specified in-6 paragraph (i) or (ii) of this subsection in which the-7 difference in number of votes cast for the winning-8 candidate receiving the least number of votes and the-9 number of votes cast for the losing candidate receiving the-10 greatest number of votes is less than two percent (2%) of-11 the number of votes cast for the winning candidate-12 receiving the least number of votes cast for that office.-13 This recount shall be made in the entire district in which-14 the candidates are standing for election. This recount-15 shall be conducted by electronic voting equipment.-16-17 (c) There shall be a recount made of all the votes-18 cast for any office if a losing candidate requests one-19 under provision of W.S. 22-16-110. This recount shall be-20 made in the entire district in which the candidate is-21 standing for election. This recount may be conducted by-22 hand count or by using electronic voting equipment as-23 determined by the candidate.-2026 STATE OF WYOMING 26LSO-0044-- 9 HB0052--1-2 (d) Not later than the day following an election, the-3 secretary of state may require a recount of not more than-4 one (1) federal, statewide or legislative question or race.-5 The secretary of state shall specify which precincts are to-6 be recounted. This recount may be conducted by hand or by-7 using electronic voting equipment as specified by the-8 secretary of state.-9-10 (e) The county clerk shall have the discretion to-11 recount any ballot proposition or race either by election-12 district or precinct. This recount may be conducted by hand-13 or by using electronic voting equipment as specified by the-14 county clerk.-15-16 (f) If there is any discrepancy between the recount-17 results and the preliminary election results, the county-18 canvassing board shall determine the official result of the-19 election.-20-21 (g) There is created the election recount account.-22 Funds in the account shall not revert and are continuously-23 appropriated to the secretary of state for costs related to-2026 STATE OF WYOMING 26LSO-0044-- 10 HB0052--1 administering hand recounts. The state treasurer shall-2 invest funds within the account in accordance with law. All-3 investment earnings from the account shall be deposited in-4 the general fund.-5-6 22-16-110. How candidate may obtain recount; where-7 affidavit filed.-8-9 (a) A candidate may obtain a recount of votes for the-10 office he is seeking by making and filing an affidavit-11 alleging that fraud or error occurred in counting,-12 returning or canvassing the votes cast in any part of the-13 district in which he is standing for election. The-14 affidavit shall specify whether the recount should be-15 conducted using electronic voting equipment or by hand-16 count using tally sheets. The affidavit shall be filed in-17 the same office the candidate filed his application for-18 nomination:-19-20 22-16-111. Recount of ballot proposition.-21-22 (a) A recount of votes of a ballot proposition may be-23 obtained in one (1) of the following manners as follows:-2026 STATE OF WYOMING 26LSO-0044-- 11 HB0052--1-2 (i) A recount will be made:-3-4 (A) If the proposition is a statewide-5 proposition and receives a number of votes, greater or-6 lesser, within one percent (1%) of the number of votes-7 required for passage. The one percent (1%) variance shall-8 be calculated based upon the total number of votes cast on-9 the proposition, except for constitutional amendments in-10 which case the variance shall be calculated based upon the-11 total number of votes cast in the election. This recount-12 shall be conducted by a hand count;-13-14 (B) If the ballot proposition is not a-15 statewide ballot proposition and the proposition receives a-16 number of votes, greater or lesser, within two percent (2%)-17 of the number of votes required for passage. This recount-18 shall be conducted by a hand count.-19-20 (ii) A recount will be made if requested in an-21 affidavit signed by twenty-five (25) electors registered in-22 a district voting on the question. The affidavit shall be-23 filed with the county clerk not later than two (2) days-2026 STATE OF WYOMING 26LSO-0044-- 12 HB0052--1 after the county canvass has been completed for-2 propositions voted on in one (1) county, and with the-3 secretary of state not later than two (2) days after the-4 state canvass has been completed for propositions voted on-5 in more than one (1) county. The affidavit shall be-6 accompanied by a deposit of one hundred dollars ($100.00)-7 as specified in W.S. 22-16-113(a). The affidavit shall-8 specify whether the recount should be conducted by hand-9 count or by electronic voting equipment.-10-11 (b) The county in which the recount is taken shall-12 pay the costs of the recount if the recount is required by-13 subsection paragraph (a)(i) of this section; and the-14 signers of the affidavit referred to in subsection-15 paragraph (a)(ii) of this section shall be jointly and-16 severally liable for the costs of the recount requested by-17 them up to five hundred dollars ($500.00) per county-18 recounted if the results of the election are not changed by-19 the recount.-20-21 22-16-113. Recount deposit; expense of recount.-22-2026 STATE OF WYOMING 26LSO-0044-- 13 HB0052--1 (a) An affidavit requesting a recount must be-2 accompanied by the following deposit:-3-4 (i) If the difference in number of votes cast as-5 calculated pursuant to W.S. 22-16-109(b) is one percent-6 (1%) or greater but less than five percent (5%), five-7 hundred dollars ($500.00) affidavit requests the recount be-8 conducted by electronic voting equipment, an amount-9 determined by the county clerk not to exceed one thousand-10 dollars ($1,000.00);-11-12 (ii) If the difference in number of votes cast-13 as calculated pursuant to W.S. 22-16-109(b) is five percent-14 (5%) or greater, three thousand dollars ($3,000.00)-15 affidavit requests the recount be conducted by hand count,-16 an amount determined by the county clerk not to exceed five-17 thousand dollars ($5,000.00).-18-19 (b) If the recount shows sufficient error to change-20 the result of the election, the county in which the recount-21 is taken shall pay expenses of the recount and the deposit-22 shall be returned. Otherwise the applicant or applicants-23 seeking the recount shall be liable for the actual cost of-2026 STATE OF WYOMING 26LSO-0044-- 14 HB0052--1 conducting the recount up to a maximum of the amount-2 deposited under subsection (a) of this section, per county-3 recounted. Every county clerk shall issue a complete-4 accounting of all costs of the recount to the candidate-5 requesting the recount, and shall refund any surplus to the-6 candidate. If the actual cost of conducting the recount-7 exceeds five thousand dollars ($5,000.00), the county clerk-8 may seek reimbursement of reasonable expenses from the-9 secretary of state. Reasonable expenses are limited to-10 market facility rental fees, excluding facility rental fees-11 for facilities owned by the county or the state, wages at a-12 rate consistent with the compensation under W.S. 22-8-116,-13 per diem of twenty-five dollars ($25.00) per day and-14 mileage for election judges and county clerk staff. The-15 secretary of state shall reimburse those reasonable-16 expenses from the election recount account. If requesting-17 reimbursement from the secretary of state, the county clerk-18 shall provide a complete accounting of all costs of the-19 recount and the deposit paid by the candidate.-20-21 (c) If the recount is initiated by the county clerk-22 or county canvassing board or required by W.S.-23 22-16-109(b), the cost of the recount shall be paid by the-2026 STATE OF WYOMING 26LSO-0044-- 15 HB0052--1 county in which the recount is taken regardless of the-2 result of the recount. If the recount is initiated by the-3 secretary of state under W.S. 22-16-109(d), the cost of the-4 recount shall be paid by the secretary of state regardless-5 of the result of the recount.-6-7 Section 2. W.S. 22-8-108(b) and 22-16-111(c) are-8 repealed.-9-10 Section 3. There is appropriated two hundred thousand-11 dollars ($200,000.00) from the general fund to the election-12 recount account under W.S. 22-16-109(g), as created by-13 section 1 of this act.-14-15 Section 4. This act is effective July 1, 2026.-16-17 (END)+AN ACT relating to elections; providing a process for certain recounts to be+conducted by hand counting the votes; authorizing the secretary of state and+county clerks to require recounts as specified; providing for hand counts to be+requested by candidates as specified; specifying the costs of recounts;+clarifying when a counting board is required to be appointed; amending dates+related to elections; amending provisions related to election recount judges;+requiring the completion of a hand count by the county clerk of each county in+the 2026 primary and general elections; specifying requirements for the hand+count; requiring rulemaking; creating an account; making conforming amendments;+providing appropriations; and providing for effective dates.++1/20/2026 Bill Number Assigned+1/22/2026 H Received for Introduction+2/9/2026 H Introduced and Referred to H07 - Corporations 46-16-0-0-0++ROLL CALL+Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady,+Bratten, Brown, G, Brown, L, Campbell, K, Connolly, Erickson, Filer, Fornstrom,+Geringer, Guggenmos, Haroldson, Heiner, Hoeft, Johnson, Kelly, Knapp, Larson,+Jt, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Riggins,+Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Washut,+Wasserburger, Webb, Webber, Wharff, Williams, Winter+Nays: Representative(s) Byron, Campbell, E, Chestek, Clouston, Davis,+Harshman, Jarvis, Larsen, L, Nicholas, Posey, Provenza, Sherwood, Storer,+Thayer, Wylie, Yin+Ayes 46 Nays 16 Excused 0 Absent 0 Conflicts 0++2/11/2026 H07 - Corporations:Recommend Do Pass 8-1-0-0-0++ROLL CALL+Ayes: Representative(s) Brown, G, Hoeft, Johnson, Knapp, Locke, Lucas, Webb,+Webber+Nays: Representative Yin+Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0++2/11/2026 :Rerefer to H02 - Appropriations+2/12/2026 H02 - Appropriations:Recommend Do Pass 7-0-0-0-0++ROLL CALL+Ayes: Representative(s) Allemand, Angelos, Bear, Haroldson, Pendergraft,+Sherwood, Smith, S+Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0++2/12/2026 H Placed on General File++HB0052HW001/WITHDRAWN++HB0052HW002/WITHDRAWN++HB0052HW003/ADOPTED+Delete the Yin committee of the whole amendment (HB0052HW001/A) and the Heiner+committee of the whole amendment (HB0052HW0002/A)+entirely and further amend as follows:++Page 1-line 7 After "appointed;" insert "amending dates related to+elections; amending provisions related to election+recount judges; requiring the completion of a hand+count by the county clerk of each county in the 2026+primary and general elections; specifying requirements+for the hand count;".++Page 1-line 9 Delete "an effective date" and insert "effective+dates".++Page 1-line 13 Before "22-8-102" insert "22-2-104(b) and (d), 22-8-+101(d),".++Page 1-line 15 After "22-14-114(a)," insert "22-16-103(c)(i),".++Page 2-line 2 After "(b)" delete "and" and insert ",".++Page 2-line 3 After "(c)" insert "and 22-16-118".++Page 2-after line 18 Insert:++ "22-2-104. Election dates.++ (b) A primary election shall be held at the regular polling places for+each precinct on the first Tuesday after the third first Monday in August in+general election years for the nomination of candidates for partisan and+nonpartisan offices to be filled at the succeeding general election and for the+election of major party precinct committeemen and committeewomen.++ (d) Every bond election shall be held on the same day as a primary+election or a general election, or on the first Tuesday after the first Monday+in May or November, or on the first Tuesday after the third first Monday in+August.++22-8-101. Notice of election officials needed; county chairmen to submit+list of names; municipal clerks list of names appointment.++(d) Not later than June 30, the county clerk on each general election+year shall appoint judges of election and counting boards and alternates from+lists submitted by the county chairmen of the major and minor political parties.+This subsection shall not apply to judges appointed to conduct recounts in+accordance with W.S. 22-16-109 through 22-16-113.".++Page 6-after line 9 Insert:++ "22-16-103. County canvass procedures.++ (c) The county canvassing board shall:++(i) Meet as soon as all returns have been received and abstracted,+but if any provisional ballots have been cast in the county, not before the+time has passed for provisional voters to document their eligibility to register+or to vote. The board shall meet at a time and place designated by the county+clerk, but no later than the first second Friday following the election;".++Page 14-line 22 After "board" strike balance of line.++Page 14-line 23 Strike "22-16-109(b)".++Page 15-line 3 After "22-16-109(d)" insert "or required by W.S. 22-+16-109(b)".++Page 15-after line 5 Insert:++ "22-16-118. Meeting of state canvassing board.++The state canvassing board shall meet no later than the second third Wednesday+following the election. The secretary of state shall send a messenger to obtain+official county abstracts not filed in a reasonable length of time. The+canvassing board shall meet at the time and place set by the secretary of state.+The board shall review the state abstracts prepared by the secretary of state,+compare them with the tabulation and materials prepared by the secretary of+state, resolve any tie votes, and certify the abstract as the official state+canvass.".++Page 15-after line 8 Insert and renumber as necessary:++"Section 3.++(a) In addition to the audits required under W.S. 22-6-130 and 22-11-109,+each county clerk shall conduct a hand count audit of actual ballots cast on+election day following the 2026 primary and 2026 general elections. Each+county clerk shall conduct a hand count audit of the ballots for one (1)+federal race and one (1) statewide race as selected by the secretary of+state. The secretary of state shall notify the county clerk of each county+which races shall be audited not later than close of business on the+Wednesday following the election. The secretary of state may select different+federal and statewide races to be audited for each county, but in no instance+shall the secretary of state select more than one (1) federal race and one+(1) statewide race per county. In addition to the races selected by the+secretary of state, the county clerk shall conduct a hand count audit of each+legislative race printed on the ballot. The county canvassing board may audit+additional races in addition to those selected by the secretary of state+pursuant to the requirements of this section. The results of each hand count+audit and the electronic count shall be compared to determine if there were+any inconsistencies or errors in the electronic voting system count.++(b) Notwithstanding any other law, for the 2026 primary and general+elections, a judge of election shall not be a member of a counting board at+the same election except as provided by W.S. 22-8-108(d) or for purposes of a+hand count audit under this section.++(c) Pursuant to the requirements of subsection (a) of this section, for the+2026 primary and general elections, the county canvassing board shall select+a requisite number of electronic tabulating machines whose cumulative number+of ballots cast on election day totals as close to five percent (5%) of the+total number of ballots cast in the respective county as possible. The county+clerk shall audit the ballots tabulated by those electronic tabulating+machines selected by the county canvassing board and compare the ballots to+the hand count audit result. The hand count audit shall be conducted not+later than nine (9) days after the county canvas.++(d) Each hand count audit conducted under this section shall be conducted as+follows:++(i) The county clerk shall appoint audit boards prior to the+conclusion of the county canvass but shall not be required to appoint the+boards by the deadline set in W.S. 22-8-101(d). The county clerk may appoint+as many audit boards as necessary, provided that each audit board shall be+made up of not less than three (3) qualified electors with not greater than+two (2) judges per audit board being from the same political party;++(ii) In addition to any races selected by the county canvassing+board, audit boards appointed by the county clerk shall audit those races+selected by the secretary of state and each legislative office printed on the+ballot. The audit boards appointed by the county clerk shall audit those+races on ballots that were tabulated by the equipment selected by the county+canvassing board;++(iii) Audit boards appointed by the county clerk under this+section shall tabulate each mark, undervote or overvote as would be counted+by electronic tabulating equipment according to the instructions printed on+the ballot.++(e) Any inconsistencies or errors between the original count tabulated by+the electronic tabulating machines and the hand count audit required under+this section shall be reported to the secretary of state not less than nine+(9) days after the date of the county canvass.++(f) Any ballot inconsistencies or counting errors between the original+electronic ballot count and the hand count audit required under this section+discovered during the hand count audit process shall be reported to the+secretary of state and the joint corporations, elections and political+subdivisions interim committee on or before May 1, 2027.".++Page 15-line 10 Delete "Section 3." and insert "Section 4.".++Page 15-line 15 Delete entirely and insert:++"Section 5.++(a) Except as provided by subsection (b) of this section, this act is+effective January 1, 2027.++(b) Sections 3 and 5 of this act are effective immediately upon+completion of all acts necessary for a bill to become law as provided by Article+4, Section 8 of the Wyoming Constitution.". HAROLDSON++2/19/2026 H COW:Passed+2/20/2026 H 2nd Reading:Passed+2/21/2026 H 3rd Reading:Laid Back++HB0052H3001/FAILED (CORRECTED COPY)+Delete the Haroldson committee of the whole amendment (HB0052HW003/A) entirely+and further amend as follows:++Page 1-above line 1 In the catch title, delete "for recounts".++Page 1-line 1 Delete "a process".++Page 1-line 2 Delete line through "by" and insert "the"; after+"counting" delete "the" and insert "of".++Page 1-line 3 Delete "authorizing" and insert "providing duties for";+after "clerks" insert ";".++Page 1-lines 4 through 6 Delete entirely.++Page 1-line 7 Delete "required to be appointed;"; delete "creating+an".++Page 1-line 8 Delete "account;" and insert "establishing statewide+standards related to the handling and counting of+ballots; providing for the reconciling of ballot+numbers; prohibiting the use of voting machines for+casting or tabulating ballots; revising requirements+for the post-election ballot audit; revising offenses+related to elections; providing penalties; repealing+conflicting provisions; providing legislative+findings; specifying applicability;".++Page 1-after line 11 Insert:++"Section 1.++(a) The legislature finds that:++(i) Public confidence in election outcomes depends on processes+that are transparent, verifiable, pure and secure;++(ii) The use of electronic tabulation and electronic voting systems+has created concerns in the public regarding election oversight, transparency,+security and cost;++(iii) Manual tabulation and counting of paper ballots under uniform+statewide standards will increase election accuracy, transparency and voter+trust;++(iv) Wyoming elections should rely on processes that can be+observed, audited, and replicated by citizens;++(v) It is necessary to repeal statutory authorizations for+electronic tabulation and e pollbooks and to establish statewide standards for+manual tabulation and counting that maintain flexibility for improved counting+methods over time.++(b) The purpose of this act is to transition all Wyoming elections to+paper ballots that are manually counted in public view under uniform statewide+standards ensuring purity of the vote, transparency, security, accuracy,+accessibility and public confidence.++ Section 2. W.S. 22-6-201 through 22-6-210 are created to read:++ARTICLE 2+MANUAL BALLOT COUNTING AND AUDITING++22-6-201. Paper ballots and design standards.++(a) All votes shall be cast on paper ballots that are:++(i) Able to be read by a human;++(ii) Able to be manually tallied or hand countable;++(iii) Designed in accordance with the requirements of this Election+Code and with statewide standards established by rule of the secretary of state+in accordance with this Election Code. The secretary of state shall use the+USCase.org "Gold Standard Elections" white paper guidelines to adopt rules under+this paragraph.++(b) Ballots shall contain only text and marks that can be interpreted by+human inspection without the aid of electronic tabulation devices.++(c) Ballots shall include security features sufficient to prevent+unauthorized duplication or substitution of ballots as specified by rule of the+secretary of state.++(d) Accessible voting devices permitted under federal law to comply with+the Help America Vote Act of 2002, P.L. 107 252, shall be used only to produce+one (1) ballot per voter that shall be able to be read by a human and that shall+be manually counted in the same manner as all other ballots.++22-6-202. Ballot security, custody, transport and storage.++(a) The secretary of state shall adopt uniform statewide standards for+the secure production, transport, storage and accounting of ballots that are+consistent with the provisions of this article.++(b) Each county clerk shall maintain a documented chain of custody for+all ballots and election materials from printing or receipt of the ballots+through final storage of the ballots after the election.++(c) Every transfer of custody of ballots and election materials shall be+recorded with the date, time, persons involved and the seal or container number,+if applicable.++(d) All ballots and election materials shall be stored in sealed+containers under continuous video surveillance for not less than twenty four+(24) months after the election.++(e) All records and recordings described in this section are public+records, subject to reasonable protection of:++(i) Personal voter information as required by law;++(ii) Ballot security details as determined by rule of the secretary+of state as necessary to ensure the security of elections.++22-6-203. Publicly conducted manual counting of ballots.++(a) Manual counting of ballots shall be conducted in public view at the+designated counting centers for each county or precinct.++(b) Observers from political parties, candidates and the public shall be+permitted to observe the manual counting of ballots under conditions established+by rule of the secretary of state that allow meaningful observation of the+counting process without interference.++(c) Areas where counting is occurring shall be recorded with video and+audio equipment, and recordings of the counting shall be retained by the county+clerk for not less than sixty (60) months. Recordings under this subsection+shall be made publicly available on the website of the county clerk.++(d) Before counting begins under this section, election judges shall+verify publicly that all containers are sealed, shall note the seal numbers and+shall document the total number of ballots received by ballot category as+provided in W.S. 22 6 204(b)(v).++(e) Counting shall begin as soon as practicable after the closing of the+polls and shall continue without undue delay until all ballots are fully+tallied, counted, reconciled and reported.++(f) Count totals by precinct and ballot type shall be made public not+later than one (1) hour after the completion of counting under this section.++22-6-204. Statewide standards for manual counting of ballots.++(a) All ballots shall be counted by hand using a nationally recognized+hand counting methodology and in accordance with uniform statewide counting+standards adopted by the secretary of state. The secretary of state shall use+the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules+under this subsection.++(b) The uniform statewide counting standards adopted by the secretary of+state shall include at minimum:++(i) Ballot security features to prevent the use of fraudulent+printers and duplication systems;++(ii) Counting teams, including not less than four (4) members of+not less than two (2) different political affiliations, with balanced+representation of political parties to the extent practicable;++(iii) Oaths of impartiality administered to all counting personnel;++(iv) Standardized training in ballot handling, determining voter+intent, dispute resolution, tally recording, reconciliation and custody+documentation;++(v) Requiring ballots to be separated and counted in three (3)+categories:++(A) Absentee voting;++(B) Early voting;++(C) In person voting on the day of election.++(vi) Independent tallies by not less than two (2) recorders per+team, reconciled and signed before finalizing the vote count;++(vii) Batch processing procedures allowing verification and+identification of discrepancies;++(viii) Reconciliation of ballots at each transfer of ballots,+including matching totals of issued, cast, spoiled, provisional and unused+ballots;++(ix) Documentation linking all tally sheets, reconciliation forms+and chain of custody records;++(x) Requiring all documentation to be duplicated and available to+be held as copies by head judges;++(xi) Requiring uniform incident logging for errors, corrections and+disputes;++(xii) Prohibiting the use of any apparatus that automatically+examines and counts votes recorded on paper ballots or ballot cards and+tabulates the results. Nothing in this paragraph shall prohibit the use of+simple calculators that are used solely for arithmetic operations to sum+manually counted tallies.++(c) Each county shall use a manual counting method that is consistent+with the uniform statewide counting standards under this section and that is+approved by the secretary of state.++22-6-205. Counting for absentee voting, early voting and provisional+ballots.++(a) Ballots from absentee voting and early voting shall be separately+verified, stored by precinct and counted under the same security and manual+counting standards as ballots from in person voting on the day of election.++(b) The outer envelope for each absentee ballot shall be logged upon+receipt with a unique identifier, date and time and voter record linkage. Poll+books shall be updated to reflect the receipt of the absentee ballot.++(c) Signatures and voter eligibility shall be verified before separation+of the ballot from identifying information.++(d) Ballots failing verification shall be documented, segregated and+excluded from counting pending review by election judges.++(e) Verified ballots shall be manually counted and included in precinct+level results.++(f) Provisional ballots shall be stored separately and shall be manually+counted after eligibility is confirmed.++22-6-206. Timelines for counting; reporting of results.++(a) Manual counting shall begin as soon as practicable after the close of+polls and shall continue without undue delay until all ballots are fully+tallied, counted, reconciled and reported.++(b) The secretary of state may authorize by rule an early start of counting+for ballots cast and secured prior to election day, subject to secrecy and+custody restrictions. The secretary of state shall use the USCase.org "Gold+Standard Elections" white paper guidelines to adopt rules under this subsection.++(c) Each county clerk shall report verified precinct results to the+secretary of state as soon as practicable after counting is complete. The+secretary of state may establish counting and reporting timelines by rule that+are consistent with the requirements of this article.++(d) Counties shall complete counting within the time limits established+under subsection (c) of this section, except in extraordinary circumstances+documented in the public record.++22-6-207. Rulemaking; training.++(a) The secretary of state shall adopt rules necessary to implement this+article, including establishing uniform statewide standards for ballot design,+chain of custody, manual counting, reconciliation, training and public+observation. The secretary of state shall use the USCase.org "Gold Standard+Elections" white paper guidelines to adopt rules under this subsection.++(b) The secretary of state shall establish a standardized curriculum for+county clerks to train election officials, judges and counting teams.++(c) Training sessions conducted under this section shall be open to the+public for observation. No person shall conduct counting activities under this+article unless the person has completed the training required under this+section.++22-6-208. Meetings and notice requirements.++(a) Except as provided in subsection (e) of this section, any meeting of+the county clerk or the secretary of state concerning the counting, auditing,+canvassing or recounting of ballots shall be publicly noticed not less than+seven (7) calendar days before the meeting.++(b) Notice under subsection (a) of this section for a meeting of the+county clerk shall be posted on the county website, at the county clerk's office+and shall be published in a newspaper of general circulation in the county.++(c) For county matters, the county clerk shall provide notice of the+meeting to the chairmen of all major political parties within the county.++(d) For state matters, the secretary of state shall provide notice of the+meeting to the state chairmen of all major political parties recognized in+Wyoming.++(e) Emergency meetings may be held only to address urgent issues and shall+be publicly noticed as soon as practicable with a statement of the emergency+that required the emergency meeting.++(f) All meetings under this section shall be open to the public. Any+minutes or recordings of a meeting under this section shall be made available+to the public not later than seventy two (72) hours after the adjournment of+the meeting.++22-6-209. Recounts.++(a) Any recount required by law shall be performed manually in accordance+with the same standards and procedures as the initial count.++(b) Recounts shall be conducted publicly, recorded on video and audio as+provided by W.S. 22 6 203(c) and the recordings shall be retained for not less+than eight (8) years.++22-6-210. Prohibited practices and penalties.++(a) No person shall use electronic voting equipment including, but not+limited to, tabulators, automated counting equipment, e pollbooks or scanners+in any election conducted under this article. Nothing in this subsection shall+prohibit the use of simple calculators that are used solely for arithmetic+operations to sum manually counted tallies.++(b) Any election official or county clerk who knowingly violates this+article or rules adopted under this article shall be a misdemeanor punishable+by a fine of not more than five thousand dollars ($5,000.00) per violation.+Nothing in this subsection shall prohibit prosecution for any violation of+chapter 26 of this title resulting from a violation of this article.++(c) The attorney general or any county attorney may enforce this section+through civil or criminal proceedings.".++Page 1-lines 13 through 15 Delete entirely.++Page 2-lines 1 through 3 Delete entirely and insert:++"Section 3. W.S. 22-1-102(a)(xi), (xxii), (xxxii), (xxxiv)(B), (xlii),+(xlix) and by creating new paragraphs (lvii) through (lxx), 22-2-121(b) and+(g), 22-3-113(a), 22-3-117(a)(i) and (ii), 22-5-202, 22-6-115, 22-6-+119(a)(iii), 22-6-121(a), 22-6-122, 22-6-130, 22-8-108(b) and (c), 22-8-113,+22-8-115(a), 22-9-109(a), 22-9-121(c)(i), 22-12-103, 22-12-107(a)(x), 22-12-+115, 22-13-103(b), 22-13-110, 22-14-102, 22-14-107, 22-14-113(b), 22-14-114(a),+22-15-105(a), 22-15-109(b), 22-16-103(c)(iv), 22-16-109(a), 22-16-+122(a)(intro) and (c), 22-21-109, 22-22-203(b), 22-22-302, 22-26-103, 22-26-+105, 22-26-106(a) by creating a new paragraph (v), 22-26-112(a) by creating a+new paragraph (xi), 22-26-113(a)(intro), 22-26-114, 22-26-119 and 22-29-+114(e)(intro) are amended to read:".++Page 2-after line 11 Insert:++"(xi) "Counting center" or "hand counting center" is the location+or locations designated precinct established by the county clerk for the+automatic tabulating and manual counting and tallying of ballots;++(xxii) "Pollbook" means a paper book, or hardware, software or any+combination thereof commonly referred to as an electronic pollbook, used in a+polling place on election day containing information specified by law;++(xxxii) "Tally sheet" means the document used to tabulate hand+counted paper ballots official form used by counting teams and tally judges to+record vote totals for each candidate and ballot measure and that are required+to be signed by all team members participating in the manual count;++(xxxiv) "Voting device" means:++(B) A device for marking the ballots with ink or another+substance; or".++Page 2-line 13 After "Recount" insert "or "manual recount""; delete+"counting of ballots by".++Page 2-line 14 Delete "hand or the"; strike "processing of ballots+through the tabulation".++Page 2-line 15 Strike "system for an additional time or times"; strike+"for the".++Page 2-line 16 Strike entirely.++Page 2-line 17 Strike "race, based upon the criteria of W.S. 22-16-+109".++Page 2-line 18 Delete "through 22-16-113" and insert "second or+subsequent counting of ballots performed by hand to+verify results or resolve discrepancies as required by+law".++Page 2-after line 18 Insert:++"(xlix) "Vote center" means a polling place at which any registered+elector in the political subdivision holding the election may vote, regardless+of the precinct in which he resides;, connected through secure internet+connections to provide voting information to and receive voting information+from the electronic pollbook maintained by the county clerk and used as an+option to traditional polling places at the discretion of the county clerk;++(lvii) "Ballot reconciliation" means the process of comparing the+total number of ballots that are issued, cast, spoiled, voted as provisional+ballots and that are unused ballots to verify that the totals match the number+of ballots originally received by a precinct or counting center;++(lviii) "Chain of custody" means the continuous documentation of+the possession, transfer and storage of ballots and related election materials+from printing through final archival storage;++(lix) "Counting team" means a group of trained election workers+assigned to manually count ballots in public view;++(lx) "Early voting" means absentee voting before election day+where an elector requests a ballot in person from the county clerk, completes+the ballot on site and returns the ballot to the clerk by hand;++(lxi) "Election judge" means a person appointed and sworn under+Wyoming law to oversee and manage the conduct of elections, including counting,+custody and reconciliation of ballots and certification of results;++(lxii) "Election worker" means a paid or unpaid volunteer+assisting with duties necessary to conduct an election, including ballot+handling and manual counting of ballots;++(lxiii) "Hand counting" or "manual counting" means the process of+reading and tallying votes on paper ballots by human inspection;++(lxiv) "Provisional ballot" means a ballot cast by a voter whose+eligibility to vote has not been verified;++(lxv) "Public observation" means members of the public, poll+watchers and representatives of political parties authorized to be present and+observe counting and reconciliation activities without interfering with the+conduct of the election;++(lxvi) "Reconciliation record" means the written document that+shows the verification of ballot totals at each stage of the election process,+including the total number of ballots procured, issued, collected and counted;++(lxvii) "Tally judge" means an election judge responsible for+verifying and recording vote totals from counting teams, reconciling independent+tallies and certifying precinct results for transmittal to the county clerk;++(lxviii) "USCase.org "Gold Standard Elections" white paper+guidelines" means the USCase.org "Gold Standard Elections" white paper+guidelines as revised on April 11, 2025 or thereafter and published on the+website of the United States council on accurate and secure elections;++(lxix) "Voter ballot security," "voter ballot secrecy," "vote+security" or "vote secrecy" means that the ballot is kept secret for the period+beginning the moment the voter picks up a ballot through the moment the voter+puts the ballot in the ballot box. "Voter secrecy" shall not include any+requirement to keep a ballot secret after the ballot is deposited in the ballot+box or any requirement to protect the handwriting of the voter;++(lxx) "Voter intent standard" means criteria established by rule+of the secretary of state to use the USCase.org "Gold Standard Elections" white+paper guidelines to determine a voter's intended choice on a ballot when+markings are unclear or incomplete and that is required to be applied uniformly+across all counties.".++Page 2-lines 20 through 23 Delete entirely.++Page 3-lines 1 through 8 Delete entirely and insert:++"22-2-121. Chief election officer to prepare forms; rules; advice.++(b) The secretary of state shall promulgate such rules as are necessary+to maintain uniform manual voting and vote manual counting procedures and to+provide for orderly voting. The secretary of state shall use the USCase.org+"Gold Standard Elections" white paper guidelines to adopt rules under this+subsection.++(g) The secretary of state shall adopt rules and regulations that allow+for the counting of ballots at a central counting center. The rules shall+specify procedures for delivering ballots to the central counting center manual+counting of ballots at a hand counting center. The secretary of state shall use+the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules+under this subsection.++22-3-113. Disposition of pollbooks after polls close.++(a) After the polls are closed, judges of the election shall make confirm+that the printed pollbooks agree and shall return one (1) pollbook to the county+clerk.++22-3-117. Absentee registration generally; use of federal postcard.++(a) Notwithstanding any other section or provision in this chapter, any+citizen of the United States who is a resident of Wyoming may apply for+registration by providing the information required by W.S. 22-3-103(a),+acceptable identification, proof of United States citizenship and proof of+residence and by completing and subscribing the form of voter registration oath+prescribed by W.S. 22-3-103(b) before any person authorized by law to administer+oaths. Each county clerk shall furnish the voter registration oath forms. The+applicant shall mail or return the completed voter registration oath form to+the county clerk in the county in which the applicant resides. In order to+vote in the next election, the application must be received in the county+clerk's office before the close of registration for that election, or:++(i) Be received by mail or email and processed by the county clerk+during the closed period described in W.S. 22-3-102(a) if it is accompanied by+an absentee ballot request for elections where a voter may register at the+polls; or++(ii) Be made at the county clerk's office during the closed period+described in W.S. 22-3-102(a) if the voter simultaneously votes at the county+clerk's office; or++22-5-202. Major political party participation; separate ballots; same+time.++Major political parties shall participate in the primary election and each shall+have a separate party ballot. The primary election of major political parties+shall be held at the same time and at the same polling places and shall be+conducted by the same election officials. The results of the primary election+shall be counted manually in accordance with the procedures specified in this+Election Code.++22-6-115. Specifications for paper ballots.++Official paper ballots shall be uniform in size, printed in black ink on good+quality paper through which printing cannot be read. Ballots shall be white,+except as otherwise provided. On a voting machine each column or row containing+the titles of offices and candidates for office shall be arranged shall be+formatted to indicate clearly the office for which a candidate is running and+shall be suitable for manual counting in accordance with W.S. 22-6-201.++22-6-119. Format of primary ballot.++(a) The primary ballot of each major political party shall be printed in+substantial compliance with this format:++(iii) On the second line shall be printed the following+instructions: "To vote for a person whose name is printed on the ballot, mark+the square immediately adjacent to the name of the person for whom you desire+to vote. To vote for a person whose name is not printed on the ballot, write+the person's name in the blank space provided for that purpose and mark the+square immediately adjacent to the name of the person. Ballots will be manually+counted.++22-6-121. Political party ballot position on general election ballot;+order of candidates' names.++(a) Political party position shall be determined on the general election+ballot according to the number of votes received by each party within the county+for the office of representative in congress at the last preceding general+election. The party receiving the highest number of votes shall appear first+following the names of the offices to be voted for and other parties shall+follow in the order of their respective numbers of such votes. The order of+any provisional parties will be drawn by the secretary of state. Any independent+candidates shall appear following the last party and shall be listed in+alphabetical order, subject to rotation. When more than one (1) candidate is+to be elected to a particular office, the names of candidates shall be printed+in alphabetical order, subject to rotation, on all ballots. for electronic and+machine voting systems as defined by W.S. 22-1-102.++22-6-122. Rotation of candidates' names.++The names of candidates for each office shall be rotated on all ballots by+precinct for all elections. In each county the name of each candidate shall+appear substantially an equal number of times at the top, at the bottom, and in+each intermediate place. In a voting machine polling place, If candidates for+the same office occupy more than one (1) line on the voting machine ballot, the+number of names appearing on each line shall be as nearly equal as possible.++22-6-130. Post-election ballot audit; ballot reconciliation.++(a) Each county clerk shall complete an audit of the county's unofficial+election results by identifying and reviewing the smallest observable percentage+not less than ten percent (10%) of the cast ballots in each contest in the+county between the statewide candidates who received the most votes and the+statewide candidates who received the second highest votes. for each contest+within the county not later than the first Thursday following a primary, special+or general election. Additional contests may be added to the audit at the+discretion of the county clerk. Using a formula developed by the University of+Wyoming, each county clerk shall use the smallest observable percentage to+determine a statistically significant sample size of the ballots to be audited+under this section. To ensure the timely completion of this procedure under+this subsection, the number of ballots audited shall not exceed five percent+(5%) of the total number of ballots cast.++(b) Each county clerk shall conduct an audit of the election using the+statistically significant ballot sample size and the corresponding ballots for+the contests selected for audit determined under subsection (a) of this section.+Each county clerk shall provide the audit results to the secretary of state not+later than one (1) day before the meeting of the state canvassing board as+provided in W.S. 22-16-118 ensure that the total number of ballots is reconciled+at each stage of the election process. Reconciliation includes determining:++(i) The starting number of ballots procured or printed in+preparation for an election;++(ii) The starting number of ballots issued to each polling+location;++(iii) The total number of ballots printed on demand, including any+ballot produced by an accessible voting device permitted under federal law to+comply with the Help America Vote Act of 2002, P.L. 107-252;++(iv) The number of ballots distributed by mail or in-person,+categorized by whether the ballot was distributed for absentee voting, early+voting or in-person voting on the day of the election;++(v) The number of ballots cast by any method;++(vi) The number of spoiled ballots;++(vii) The number of ballots remaining at the close of polls that+were not issued or case; and++(viii) The number of provisional ballots.++(c) The total number of ballots accounted for under subsection (b) of+this section shall equal the initial total of blank ballots provided, plus any+ballot printed on demand as provided by paragraph (b)(iii) of this section.+Reconciliation shall be conducted by hand and documented, ensuring no+discrepancies exist before proceeding to the audit under subsection (a) of this+section.++(d) If there is discrepancy in counting under subsection (a) of this+section or in reconciliation under subsections (b) and (c) of this section, the+secretary of state shall be immediately notified and an investigation shall be+initiated by the county canvassing board to identify the cause of the+discrepancy. If the reason for the discrepancy cannot be determined beyond a+reasonable doubt the county canvassing board shall declare any affected part of+the election results to be null and void and the provisions of W.S. 22-16-122+shall apply to the election.++(e) For purposes of this section, the audit under subsection (a) of this+section shall include recording and verifying the votes cast for each race+appearing on a ballot. Reconciliation under subsections (b) and (c) of this+section means reconciling and confirming the total number of ballots issued+compared to the number of ballots that were not issued, the number of ballots+that were cast, the number of ballots that were spoiled and the number of+provisional ballots.++(f) Each county clerk shall provide the audit results under subsection+(a) of this section and the full and completed reconciliation of ballot totals+under subsections (b) and (c) of this section to the secretary of state not+later than three (3) days before the meeting of the state canvassing board as+provided in W.S. 22-16-118. Audit results and reconciliation reports filed with+the secretary of state under this subsection shall be made publicly available+on the website of the secretary of state.".++Page 3-lines 13 through 22 Delete entirely and insert:++"(b) A counting board shall be appointed for each designated counting+center in each county. using an electronic voting system. The board shall+consist of at least seven (7) members who shall be the county clerk or his+designated deputy, and three (3) members of each major political party appointed+by the county clerk central committee of each party. Additional members may be+appointed by the county clerk central committee of each party if deemed+necessary by the county clerk but equal major party membership shall be assured.+No more than one (1) person under the age of eighteen (18) may be appointed as+to each counting board. All ballots shall be counted manually by the counting+board.".++Page 4-line 2 Delete "appointed under subsection (a) of this+section".++Page 4-lines 5 through 7 Strike entirely.++Page 4-line 8 Strike "election day as provided in W.S. 22-9-125(d)"+and insert "22-9-206(b)".++Page 4-lines 10 through 21 Delete entirely and insert:++"22-8-113. Training schools; generally and payment for attending.++Not later than four (4) days before the primary and general election, the county+clerk under the direction of the secretary of state shall conduct a training+school for judges of election and members of counting boards to provide+instruction in the performance of their duties. The training school, which is+also open to the public, shall be held at the times and places announced by the+county clerk, and the secretary of state shall prescribe the minimum curriculum+for the school including manual hand counting procedures as provided in W.S.+22-6-207. Additional schools may be held at the discretion of the county clerk.+Unless training is otherwise provided to the satisfaction of the county clerk,+All judges of election and members of counting boards are obligated to attend+at least one (1) such school. All judges and members of the counting board,+unless the judge or member is volunteering, shall be paid not less than ten+dollars ($10.00) as determined by the board of county commissioners for+attending a school.++22-8-115. Oath for election officials.++(a) An election official shall subscribe to this oath in writing before+entering upon his duties at each election:++"I do solemnly swear (or affirm) that I will impartially and to the best of my+knowledge and ability perform the election duties of my office or role. I will+studiously endeavor to prevent all frauds, deceit and abuse in the application+of the election laws of this state."++22-9-109. Form of absentee ballot.++(a) The absentee ballot shall be in the same form prescribed by law for+the official ballot. or a reasonable printed reproduction of the prescribed+form for electronic ballots.++22-9-121. Examination of absentee ballot affidavit; rejection; voting+ballots.++(c) If it is sufficient:++(i) In a paper ballot each precinct, the name of the absent elector+shall be entered in the pollbook, the inner ballot envelope shall be opened by+a judge of election and the ballots therein shall be removed. The ballot shall+then be placed in the regular ballot box by a judge of election and manually+counted in the same manner as other ballots;++22-12-103. Furnishing of booths.++The county clerk in all elections shall furnish each polling place with+sufficient booths, paper ballots or voting machines and supplies to permit+convenient and secret marking of ballots.++22-12-107. Materials for judges.++(a) Before election day the county clerk shall cause to be delivered to+one (1) of the judges of election in each polling place the following materials:++(x) Materials necessary for hand counting ballots and other+necessary supplies.++22-12-115. Examination of ballot box.++Not earlier than twenty-four (24) hours before the polls are open, the judges+of election shall open and examine the ballot box to determine that it is empty+and relock it with a tamper resistant device before the polls are open. The+ballot box shall not again be opened until the polls are closed., except when+necessitated by operation of the voting equipment at the direction of the county+clerk and only in the presence of two (2) or more election judges with different+political party affiliations. It shall not be removed from the presence of the+judges of election or counting board until all ballots are counted and recorded+as required by law and in the presence of two (2) or more election judges with+different political party affiliation.++22-13-103. Preservation of order; privacy of voting booths.++(b) To protect the privacy of the voter, voting booths and voting+machines shall be kept clear of all persons except voters marking ballots and+election officials discharging their duties.++22-13-110. Entering write-in votes.++Write-in votes may be entered on a voting machine on the ballot in the manner+indicated by instructions posted on the voting booth or indicated on the voting+machine provided on the ballot.++22-14-102. Who may be present after all votes are cast and polls close;+making pollbooks agree; counting votes.++After all the votes are cast and the polls are officially declared closed, only+election judges and authorized observers as provided in W.S. 22-15-109 shall be+permitted in a polling place. When all ballots are cast, the machine shall be+locked against further voting and sealed as prescribed by law. Except as+otherwise provided by W.S. 22-14-114(b), election judges shall commence to count+votes and shall continue without adjournment until counting is completed+Election judges shall ensure reconciliation of all ballots as provided in W.S.+22-6-130(b) and (c) and shall then secure all ballots within locked boxes+secured with tamper proof devices for transfer to the precinct polling center.+Hand counting of ballots shall commence immediately upon arrival at the counting+center as provided in W.S. 22-6-201 through 22-6-210.++22-14-107. Tabulation of count.++The unofficial tabulation indicating the vote by precinct, based on hand count+results, shall immediately be transmitted by the county clerk to the secretary+of state. These unofficial tabulations shall be tabulated by the secretary of+the state. The secretary of state shall provide procedures for such transmittal+through rule and regulation.++22-14-113. Return of voting supplies.++(b) All voting supplies, ballot boxes, and voting machines hand counting+materials and hand tallying materials shall be returned to the county clerk as+soon as possible after the vote has been returned.".++Page 5-lines 2 through 22 Delete entirely.++Page 6-lines 1 through 9 Delete entirely and insert:++"(a) For ballots designed to be counted by machine, each individual vote+shall be determined by the voting equipment and shall not be determined+subjectively by human tabulation except when 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. The secretary of 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 abbreviated or the use of+nicknames of candidates shall be counted for the candidate if the vote is+obvious to the board counting team.++ 22-15-105. Challenged person may vote; generally.++(a) If a person offering to vote is challenged, and the challenge is not+resolved in accordance with W.S. 22-15-106, an election judge shall offer the+voter a ballot clearly marked "provisional" and which cannot be automatically+tabulated shall be securely stored separately from other ballots. Provisional+ballots shall be counted separately from other ballots after the voter has been+verified by election officials.++22-15-109. Poll watchers; certification; qualification; authority;+removal.++(b) A poll watcher shall belong to the political party he represents and+shall be a registered elector residing in the county. A poll watcher shall+serve only at the polling place designated on the certificate. A poll watcher+is authorized to observe voter turn out, and registration and hand counting+procedures and may make written memoranda but shall not challenge voters,+conduct electioneering activities, interfere with ballot counting or disrupt+the polling process.++22-16-103. County canvass procedures.++(c) The county canvassing board shall:++(iv) Count and tabulate Hand count and tally the votes on the+provisional ballots which were determined to have been cast by qualified+electors;".++Page 6-line 13 Strike "make a" and insert "perform a manual".++Page 6-line 16 Delete "under this subsection may" and insert "shall";+delete "by a" and insert "using the".++Page 6-lines 17 and 18 Delete entirely and insert "counting procedures+provided in W.S. 22-6-101 through 22-6-210.".++Page 6-lines 20 and 21 Delete entirely.++Pages 7 through 15 Delete entirely and insert:++"22-16-122. Election declared null and void; special election.++(a) If a canvassing board is unable to determine which candidate has+been elected or nominated, the canvassing board shall declare any part of the+election results to be null and void as to that office and the county clerk+shall call a special election to make a decision. For purposes of this section,+a canvassing board shall be unable to determine which candidate is nominated or+elected if there is a discrepancy reported under W.S. 22-6-130(d) and the+discrepancy resulted in a material error in the election or if:++(c) If only certain precincts are allowed to vote in the special+election, the votes received in the special election shall be hand counted and+added to the unofficial results not declared null and void for that office from+the initial primary, general election or other special election.++22-21-109. Supplies; regulations; costs.++The county clerk may utilize voting machines or electronic voting systems shall+use paper ballots that are counted by hand at any bond election and may prescribe+the form of the ballot, the duties of election officials, and other reasonable+regulations pertaining thereto. The political subdivision holding the bond+election shall pay the actual costs of the election or an equitably proportioned+share of a concurrent election, as determined by the county clerk.++22-22-203. Determining validity of application; placement on ballot;+procedure for multi-county districts.++(b) Each county clerk in each election involving a school or community+college district which crosses county boundaries shall determine whether voting+machines, electronic voting system, paper ballots, or a combination thereof,+shall be used to insure use paper ballots that are counted by hand to ensure+that each qualified elector votes only for the candidate or candidates from the+school district and trustee residence area, if any, and from the community+college district and subdistrict, if any, for which he is entitled to vote.++22-22-302. Conduct of elections.++Unless specifically otherwise provided, a school or community college district+election shall be governed by the laws regulating statewide elections and in+even-numbered years be conducted and canvassed by the same election officials,+using the same poll lists, using paper ballots that are counted by hand and at+the same times and polling places, as county elections.++22-26-103. Unlawful opening of ballot box; tampering with ballot+counting materials.++Unlawful opening of a ballot box or tampering with ballot counting materials+consists of opening, inspecting, removing or altering the contents of a ballot+box or inspecting or removing the contents thereof tampering with hand count+records or tally sheets without lawful authority, or conspiring with others so+to open a ballot box to violate the provisions of this section.++22-26-105. Unlawful possession of key.++Unlawful possession of a key consists of the possession at any time of a key to+a voting machine or ballot box, or making a duplicate thereof, or tampering+with a physical lock on a box that is securing ballots, unless authorized by+law.++22-26-106. False voting.++(a) False voting consists of performing any of the following acts in+connection with or related to the election process or an election:++(v) Changing voting results including by inserting unlawful+ballots in a ballot box or by tampering with hand count records, hand count+tally sheets, vote reconciliation forms or other official election logs.++22-26-112. Misdemeanor offenses generally.++(a) Unless a different penalty is specifically provided in this code,+the following acts, if knowingly and willfully committed, are misdemeanor+offenses punishable by not more than six (6) months in a county jail or a fine+of not more than one thousand dollars ($1,000.00), or both:++(xi) Interfering with the hand counting of ballots or with the+reconciliation of ballots and tally sheets.++22-26-113. Electioneering too close to a polling place.++(a) Electioneering too close to a polling place or absentee polling place+under W.S. 22-9-125 when voting is being conducted, consists of any form of+campaigning, including the display of campaign signs or distribution of campaign+literature, the soliciting of signatures to any petition or the canvassing or+polling of voters, except exit polling by news media, within one hundred (100)+yards on the day of a primary, general or special election and within one+hundred (100) feet on all other days, of any public entrance to the building in+which the polling place is located. This section shall not apply to bumper+stickers affixed to a vehicle while parked within or passing through the+distance specified in this subsection, provided that:++22-26-114. Disturbing polling place.++Disturbing a polling place consists of creating any disorder or disruption at+a polling place on election day, or absentee polling place under W.S. 22-9-125,+or interfering with the orderly conduct of an election.++22-26-119. Violation of Election Code by officials.++Violation of the Election Code by an official consists of the willful violation+of the Election Code by any official or by any deputy or assistant official, or+the willful failure or refusal of any official or assistant to perform an act+or duty required of him by the Election Code, including the failure to track+ballot totals at any time starting at the beginning of the election, failure to+ensure compliance with hand count procedures, tampering with hand count tally+sheets or neglecting any duty for hand counting as prescribed by law. Any+official, deputy or assistant who commits a violation of the Election Code is+guilty of a felony and, in addition to the penalty prescribed by W.S. 22-26-101,+is subject to removal from office in a proceeding instituted for that purpose.++22-29-114. Election procedures for elections other than mail ballot+elections; canvass, recount and contests.++(e) Any special district election conducted by the county clerk shall be+canvassed by the county canvassing board or a canvassing board appointed by the+county clerk, consisting of two (2) electors and the county clerk. If more than+one (1) county is involved, the election shall be canvassed in accordance with+chapter 16 of the Wyoming Election Code of 1973, as amended, by a canvassing+board drawn from the membership of the appropriate county canvassing boards+appointed by the appropriate county commissioners. The commissioners shall+notify the county clerks of the canvassing board appointments. Any special+district election not conducted by a county clerk shall be canvassed by a+special district canvassing board. The special district canvassing board shall+consist of the district secretary and two (2) electors appointed by the district+board. Any canvass shall be conducted in accordance with chapter 16 of the+Wyoming Election Code of 1973, as amended. The canvass shall be conducted within+seven (7) business days of the election and shall include a manual review of+all hand counted ballots to ensure accuracy. The canvassing board shall have+the authority to call for a special election in accordance with W.S. 22-16-122+if any discrepancies in the hand count are identified and cannot be resolved+beyond a reasonable doubt. The canvassing board shall:++Section 4. W.S. 22-1-102(a)(i), (iii), (xiv), (xxxiv)(C), (xliii) and+(liv), 22-3-113(b), 22-3-117(a)(iii), 22-6-113, 22-8-107, 22-9-121(c)(ii),+22-9-125, 22-12-107(a)(v), 22-12-110, 22-12-112 through 22-12-114, 22-13-109,+22-13-112, 22-14-105, 22-14-110, 22-14-111(a)(i), 22-14-113(a),+22-26-101(a)(iii) and (xi) and 22-26-104 are repealed.++Section 5. This act shall apply to all elections in Wyoming after January+1, 2026.++Section 6. This act is effective immediately upon completion of all acts+necessary for a bill to become law as provided by Article 4, Section 8 of the+Wyoming Constitution.". BRADY++HB0052H3002/FAILED (CORRECTED CORRECTED COPY)+Delete the first Brady third reading amendment (HB0052H3001/A) entirely and+further amend as follows:++Page 1-line 6 After "recounts;" insert "establishing statewide+standards related to handling and counting ballots;".++Page 1-line 8 After "amendments;" insert "providing definitions;+providing legislative findings; repealing provisions+relating to electronic voting systems;".++Page 1-after line 11 Insert:++"Section 1.++(a) The legislature finds that:++(i) Public confidence in election outcomes depends on processes+that are transparent, verifiable, pure and secure;++ (ii) Wyoming's current electronic voting systems are operating with+non-certified peripheral equipment under EVS 6.0.60, including Dell Latitude+3500 laptops, OKI712 ballot-on-demand printers and SYSTOR duplicators, none of+which are certified with EVS 6.0.60, thereby voiding EAC certification for those+systems pursuant to the EAC Testing and Certification Manual, Version 2.0;++ (iii) Wyoming's voting systems run on Windows 10, an operating+system no longer supported by Microsoft as of October 2025 and the cost of+purchasing individual extended support waivers for each of the three hundred+fifty (350) plus voting systems in the state is prohibitive;++ (iv) Wyoming's voting systems are certified to VVSG 1.0 and no+upgrade path exists to bring those systems into compliance with VVSF 2.0 as+directed by a federal executive order;++ (v) Wyoming's voting systems have not received antivirus updates+since June 8, 2022, which renders these voting systems vulnerable to security+threats;++ (vi) Wyoming's voting systems use barcodes that are not voter-+verifiable, which is in conflict with a federal executive order that directs+that no barcodes shall be used in vote tabulation;++ (vii) Manual recounts under uniform statewide standards will+increase election accuracy, transparency and voter trust.++(b) The purpose of this act is to require recounts in Wyoming to be+manual recounts in public view under uniform statewide standards ensuring+transparency, security, accuracy, accessibility and public confidence.++Section 2. W.S. 22-6-201 through 22-6-205 and 22-16-124 are created to+read:++ARTICLE 2+MANUAL BALLOT COUNTING AND AUDITING++22-6-201. Ballot security, custody, transport and storage.++(a) The secretary of state shall adopt uniform statewide standards for+the secure production, transport, storage and accounting of ballots that are+consistent with the provisions of this article without the elimination of voting+machines.++(b) Each county clerk shall maintain a documented chain of custody for+all ballots and election materials from printing or receipt of the ballots+through final storage of the ballots after the election.++(c) Every transfer of custody of ballots and election materials shall be+recorded with the date, time, persons involved and the seal or container number,+if applicable.++(d) All ballots and election materials shall be stored in sealed+containers under continuous video surveillance for not less than twenty-four+(24) months after the election.++(e) All records and recordings described in this section are public+records, subject to reasonable protection of:++(i) Personal voter information as required by law;++(ii) Ballot security details as determined by rule of the secretary+of state as necessary to ensure the security of elections.++22-6-202. Publicly conducted manual counting of ballots.++(a) Manual counting of ballots shall be conducted in public view at the+designated counting centers for each county or precinct.++(b) Observers from political parties, candidates and the public shall be+permitted to observe the manual counting of ballots under conditions established+by rule of the secretary of state that allow meaningful observation of the+counting process without interference.++(c) Areas where counting is occurring shall be recorded with video and+audio equipment, and recordings of the counting shall be retained by the county+clerk for not less than sixty (60) months. Recordings under this subsection+shall be made publicly available on the website of the county clerk.++(d) Before counting begins under this section, election judges shall+verify publicly that all containers are sealed, shall note the seal numbers and+shall document the total number of ballots received by ballot category as+provided in W.S. 22-6-204(b)(v).++(e) Counting shall begin as soon as practicable after the closing of the+polls and shall continue without undue delay until all ballots are fully+tallied, counted, reconciled and reported.++(f) Count totals by precinct and ballot type shall be made public not+later than one (1) hour after the completion of counting under this section.++22-6-203. Statewide standards for manual counting of ballots.++(a) All ballots shall be counted by hand using a nationally recognized+hand counting methodology and in accordance with uniform statewide counting+standards adopted by the secretary of state. The secretary of state shall use+the USCase.org "Gold Standard Elections" white paper guidelines to adopt rules+under this subsection.++(b) The uniform statewide counting standards adopted by the secretary of+state shall include at minimum:++(i) Ballot security features to prevent the use of fraudulent+printers and duplication systems;++(ii) Counting teams, including not less than four (4) members of+not less than two (2) different political affiliations, with balanced+representation of political parties to the extent practicable;++(iii) Oaths of impartiality administered to all counting+personnel;++(iv) Standardized training in ballot handling, determining voter+intent, dispute resolution, tally recording, reconciliation and custody+documentation;++(v) Requiring ballots to be separated and counted in three (3)+categories:++(A) Absentee voting;++(B) Early voting;++(C) In-person voting on the day of election.++(vi) Independent tallies by not less than two (2) recorders per+team, reconciled and signed before finalizing the vote count;++(vii) Batch processing procedures allowing verification and+identification of discrepancies;++(viii) Reconciliation of ballots at each transfer of ballots,+including matching totals of issued, cast, spoiled, provisional and unused+ballots;++(ix) Documentation linking all tally sheets, reconciliation forms+and chain-of-custody records;++(x) Requiring all documentation to be duplicated and available to+be held as copies by head judges;++(xi) Requiring uniform incident logging for errors, corrections+and disputes;++(xii) Prohibiting the use of any apparatus that automatically+examines and counts votes recorded on paper ballots or ballot cards and+tabulates the results. Nothing in this paragraph shall prohibit the use of+simple calculators that are used solely for arithmetic operations to sum+manually counted tallies.++(c) Each county shall use a manual counting method that is consistent+with the uniform statewide counting standards under this section and that is+approved by the secretary of state.++22-6-204. Recounts.++(a) Any recount required by law or requested by a candidate, the county+clerk or the secretary of state shall be performed manually in accordance with+the same standards and procedures set forth in W.S. 22-6-201 through 22-6-203.++(b) Recounts shall be conducted publicly, recorded on video and audio as+provided by W.S. 22-6-203(c) and the recordings shall be retained for not less+than eight (8) years.++22-6-205. Rulemaking; training.++(a) The secretary of state shall adopt rules necessary to implement this+article, including establishing uniform statewide standards for chain of+custody, manual counting, reconciliation, training and public observation.++(b) The secretary of state shall establish a standardized curriculum for+county clerks to train election officials, judges and counting teams.++(c) Training sessions conducted under this section shall be open to the+public for observation. No person shall conduct counting activities under this+article unless the person has completed the training required under this+section.++22-16-124. Notice requirements for recounts and audits.++(a) Except as provided in subsection (d) of this section, any meeting of+the county clerk or the secretary of state concerning the counting, auditing,+canvassing or recounting of ballots shall be publicly noticed not less than+seven (7) calendar days before the meeting.++(b) Notice under subsection (a) of this section for a meeting of the+county clerk shall be posted on the county website, at the county clerk's office+and shall be published in a newspaper of general circulation in the county.++(c) The county clerk shall provide notice of the meeting to the chairman+of all major political parties within the county.++(d) Emergency meetings may be held only to address urgent issues and shall+be publicly noticed as soon as practicable with a statement of the emergency+that required the emergency meeting.++ (e) All meetings under this section shall be open to the public. Any+minutes or recordings of a meeting under this section shall be made available+to the public not later than seventy-two (72) hours after the adjournment of+the meeting.".++Page 1-line 13 Delete "Section 1." and insert "Section 3."; delete+"22-1-102(a)(xlii)" and insert "22-1-102(a)(xi),+(xlii) and by creating new paragraphs (lvii) through+(lxiv), 22-6-115, 22-6-130".++Page 1-line 14 After "(e)," insert "22-8-113, 22-14-102,".++Page 2-after line 11 Insert:++"(xi) "Counting center" is the location or locations designated by+the county clerk for the automatic tabulating and manual counting and tallying+of ballots;++Page 2-after line 18 Insert:++(lvii) "Ballot reconciliation" means the process of comparing the+total number of ballots that are issued, cast, spoiled, voted as provisional+ballots and that are unused ballots to verify that the totals match the number+of ballots originally received by a precinct or counting center;++(lviii) "Chain of custody" means the continuous documentation of+the possession, transfer and storage of ballots and related election materials+from printing through final archival storage;++(lix) "Counting team" means a group of trained election workers+assigned to manually count ballots in public view;++(lx) "Hand counting" or "manual counting" means the process of+reading and tallying votes on paper ballots by human inspection;++(lxi) "Public observation" means members of the public, poll+watchers and representatives of political parties authorized to be present and+observe counting and reconciliation activities without interfering with the+conduct of the election;++(lxii) "Reconciliation record" means the written document that+shows the verification of ballot totals at each stage of the election process,+including the total number of ballots procured, issued, collected and counted;++(lxiii) "Tally sheet" means the document used to record vote totals+for each candidate and ballot measure during a hand count, required to be signed+by all team members participating in the manual count;++(lxiv) "Voter intent standard" means criteria established by rule+of the secretary of state, using the USCase.org "Gold Standard Elections" white+paper guidelines to determine a voter's intended choice on a ballot when+markings are unclear or incomplete and that is required to be applied uniformly+across all counties.++22-6-115. Specifications for paper ballots.++Official paper ballots shall be uniform in size, printed in black ink on good+quality paper through which printing cannot be read. Ballots shall be white+except as otherwise provided. On a voting machine Each column or row containing+the titles of offices and candidates for office shall be arranged formatted to+indicate clearly the office for which a candidate is running and shall be+suitable for manual counting in accordance with W.S. 22-6-201.++22-6-130. Post-election ballot audit; ballot reconciliation.++(a) Each county clerk shall complete an audit of the county's unofficial+election results by identifying and reviewing the smallest observable percentage+not less than ten percent (10%) of the cast ballots in each contest in the+county between the statewide candidates who received the most votes and the+statewide candidates who received the second highest votes. for each contest+within the county not later than the first Thursday following a primary, special+or general election. Additional contests may be added to the audit at the+discretion of the county clerk. Using a formula developed by the University of+Wyoming, each county clerk shall use the smallest observable percentage to+determine a statistically significant sample size of the ballots to be audited+under this section. To ensure the timely completion of this procedure under+this subsection, the number of ballots audited shall not exceed five percent+(5%) of the total number of ballots cast.++(b) Each county clerk shall conduct an audit of the election using the+statistically significant ballot sample size and the corresponding ballots for+the contests selected for audit determined under subsection (a) of this section.+Each county clerk shall provide the audit results to the secretary of state not+later than one (1) day before the meeting of the state canvassing board as+provided in W.S. 22-16-118 ensure that the total number of ballots is reconciled+at each stage of the election process. Reconciliation includes determining:++(i) The starting number of ballots procured or printed in+preparation for an election;++(ii) The starting number of ballots issued to each polling+location;++(iii) The total number of ballots printed on demand, including any+ballot produced by an accessible voting device permitted under federal law to+comply with the Help America Vote Act of 2002, P.L. 107-252;++(iv) The number of ballots distributed by mail or in-person,+categorized by whether the ballot was distributed for absentee voting, early+voting or in-person voting on the day of the election;++(v) The number of ballots cast by any method;++(vi) The number of spoiled ballots;++(vii) The number of ballots remaining at the close of polls that+were not issued or case; and++(viii) The number of provisional ballots.++(c) The total number of ballots accounted for under subsection (b) of+this section shall equal the initial total of blank ballots provided, plus any+ballot printed on demand as provided by paragraph (b)(iii) of this section.+Reconciliation shall be conducted by hand and documented, ensuring no+discrepancies exist before proceeding to the audit under subsection (a) of this+section.++(d) If there is discrepancy in counting under subsection (a) of this+section or in reconciliation under subsections (b) and (c) of this section, the+secretary of state shall be immediately notified and an investigation shall be+initiated by the county canvassing board to identify the cause of the+discrepancy. If the reason for the discrepancy cannot be determined beyond a+reasonable doubt the county canvassing board shall declare any affected part of+the election results to be null and void and the provisions of W.S. 22-16-122+shall apply to the election.++(e) For purposes of this section, the audit under subsection (a) of this+section shall include recording and verifying the votes cast for each race+appearing on a ballot. Reconciliation under subsections (b) and (c) of this+section means reconciling and confirming the total number of ballots issued+compared to the number of ballots that were not issued, the number of ballots+that were cast, the number of ballots that were spoiled and the number of+provisional ballots.++(f) Each county clerk shall provide the audit results under subsection+(a) of this section and the full and completed reconciliation of ballot totals+under subsections (b) and (c) of this section to the secretary of state not+later than three (3) days before the meeting of the state canvassing board as+provided in W.S. 22-16-118. Audit results and reconciliation reports filed with+the secretary of state under this subsection shall be made publicly available+on the website of the secretary of state.".++Page 4-line 19 Delete "three (3)" and insert "four (4)"; after+"members" insert "with not less than two (2) members+from each of the two (2) major political parties,+appointed in equal numbers by the central committee of+each major political party".++Page 4-line 21 After "clerk" insert "provided that equal party+membership as required by this subsection is+maintained. All members of a county board shall take an+oath of impartiality before commencing any count".++Page 4-after line 21 Insert:++"22-8-113. Training schools; generally and payment for attending.++Not later than four (4) days before the primary and general election, the county+clerk under the direction of the secretary of state shall conduct a training+school for judges of election and members of counting boards to provide+instruction in the performance of their duties. The training school, which is+also open to the public, shall be held at the times and places announced by the+county clerk, and the secretary of state shall prescribe the minimum curriculum+for the school including manual hand counting procedures and standards as+provided in W.S. 22-6-203 and 22-6-205. Additional schools may be held at the+discretion of the county clerk. Unless training is otherwise provided to the+satisfaction of the county clerk, All judges of election and members of counting+boards are obligated to attend at least one (1) such school. All judges and+members of the counting board, unless the judge or member is volunteering, shall+be paid not less than ten dollars ($10.00) as determined by the board of county+commissioners for attending a school.++22-14-102. Who may be present after all votes are cast and polls close;+making pollbooks agree; counting votes.++After all the votes are cast and the polls are officially declared closed, only+election judges and authorized observers as provided in W.S. 22-15-109 shall be+permitted in a polling place. When all ballots are cast, the machine shall be+locked against further voting and sealed as prescribed by law. Except as+otherwise provided by W.S. 22-14-114(b), election judges shall commence to count+votes and shall continue without adjournment until counting is completed+Election judges shall ensure reconciliation of all ballots as provided in W.S.+22-6-130(b) and (c) and shall then secure all ballots within locked boxes+secured with tamper proof devices for transfer to the counting center. Hand+counting of ballots shall commence immediately upon arrival at the counting+center as provided in W.S. 22-6-201 through 22-6-205.".++Page 5-lines 2 through 22 Delete entirely.++Page 6-lines 1 through 9 Delete entirely and insert:++"(a) For ballots designed to be counted by machine, each individual vote+shall be determined by the voting equipment and shall not be determined+subjectively by human tabulation except when 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. The secretary of 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 abbreviated or the use of+nicknames of candidates shall be counted for the candidate if the vote is+obvious to the board counting team.".++Page 6-line 16 Delete "may" and insert "shall".++Page 6-line 17 After "count" delete balance of line.++Page 6-line 18 Delete "by the county canvassing board" and insert "in+accordance with the statewide standards and procedures+set forth in W.S. 22-6-201 through 22-6-205".++Page 8-line 21 Delete "may" and insert "shall".++Page 8-line 22 After "hand count" delete balance of line.++Page 8-line 23 Delete "determined by the candidate" and insert "in+accordance with the statewide standards and procedures+set forth in W.S. 22-6-201 through 22-6-205".++Page 9-line 6 Delete "may" and insert "shall"; after "hand" and+insert "count"; delete "or by".++Page 9-line 7 Delete entirely.++Page 9-line 8 Delete "secretary of state" and insert "in accordance+with the statewide standards and procedures set forth+in W.S. 22-6-201 through 22-6-205".++Page 9-line 12 Delete "may" and insert "shall"; after "hand" insert+"count".++Page 9-line 13 Delete entirely.++Page 9-line 14 Delete "county clerk" and insert "in accordance with+the statewide standards and procedures set forth in+W.S. 22-6-201 through 22-6-205".++Page 14-line 9 Delete "are limited to".++Page 14-line 10 Delete "market facility rental fees, excluding" and+insert "shall include costs directly attributable to+compliance with the statewide hand counting standards+established under W.S. 22-6-201 through 22-6-205,+including".++Page 14-line 11 Delete "for facilities owned by the county or the+state"; after "wages" insert "for county team members".++Page 14-line 13 Delete "of twenty-five dollars ($25.00) per day".++Page 14-line 14 Delete "for election judges and county clerk staff".++Page 15-lines 7 and 8 Delete entirely and insert and renumber as necessary:++"Section 4. W.S. 22-1-102(a)(i), (iii), (xiv), (xxxiv)(C), (xliii),+(liv), 22-8-108(b), 22-9-125, and 22-16-111(c) are repealed.".++Page 15-after line 8 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, delete "Section 3."+and insert "Section 5.".++Page 15-line 10 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, delete "Section 4."+and insert "Section 6.".++Page 15-line 15 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, delete "Section 5."+and insert "Section 7."; in subsection (b)+created by that amendment, delete "Sections 3 and+5" and insert "Sections 5 through 7". BRADY++HB0052H3003/ADOPTED (CORRECTED COPY)+Delete the first Brady third reading amendment (HB0052H3001/AC) entirely and+further amend as follows:++Page 1-line 8 After "providing" delete "an".++Page 1-line 9 Delete "appropriation" and insert "appropriations".++Page 15-line 10 Before "There" insert "(a)".++Page 15-after line 13 Insert:++"(b) There is appropriated three hundred thousand dollars ($300,000.00)+from the general fund to the secretary of state for purposes of the secretary+of state providing training to county clerks, the county clerks' staff and+election volunteers. This appropriation shall be for the period of July 1, 2026+and ending June 30, 2028. This appropriation shall not be transferred or+expended for any other purpose and any unexpended, unobligated funds remaining+from this appropriation shall revert as provided by law on June 30, 2028.".+HAROLDSON++ROLL CALL+Ayes: Representative(s) Andrew, Angelos, Banks, Brown, L, Byron, Campbell, E,+Campbell, K, Chestek, Clouston, Connolly, Davis, Filer, Fornstrom, Geringer,+Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Larsen, L,+Larson, Jt, Lawley, Neiman, Ottman, Pendergraft, Posey, Provenza, Rodriguez-+Williams, Schmid, Sherwood, Storer, Thayer, Washut, Wharff, Williams, Winter,+Yin+Nays: Representative(s) Allemand, Bear, Brady, Bratten, Brown, G, Erickson,+Knapp, Lien, Locke, Mccann, Nicholas, Riggins, Singh, Smith, Strock, Styvar,+Tarver, Webb, Wylie+Excused: Representative(s) Kelly, Lucas, Wasserburger, Webber+Ayes 39 Nays 19 Excused 4 Absent 0 Conflicts 0++HB0052H3004/FAILED+Delete the first Brady third reading amendment (HB0052H3001/AC) and the second+Brady third reading amendment (HB0052H3002/ACC) entirely and further amend as+follows:++Page 1-line 6 After "recounts;" insert "requiring counties to use pen+and paper as the default method to mark ballots for+elections in Wyoming as specified; providing+definitions;".++Page 1-after line 11 Insert and renumber as necessary:++"Section 1. W.S. 22-13-119 is created to read:++22-13-119. Paper ballots required; exceptions.++(a) Notwithstanding any other provision of law, each county shall provide+paper ballots and pens as the default method to mark ballots for all in-person+voting in all elections in Wyoming. The county clerk shall provide all voters+with a paper ballot and a pen to mark the ballot secretly as provided in this+Election Code.++(b) Subsection (a) of this section shall not prohibit any county clerk+from providing electronic ballot marking devices for use by persons with+disabilities. Electronic ballot marking devices shall comply with all federal+accessibility requirements, including under the Help America Vote Act of 2002,+P.L. 107-252, and shall conform with the requirements of this Election Code for+voting machines and electronic voting systems. Nothing in this subsection shall+authorize any county to use electronic ballot marking devices as the default+method of marking ballots in the county.++(c) As used in this section:++(i) "Disability" has the meaning stated in the Americans with+Disabilities Act of 1990, as amended by the Americans with Disabilities+Amendments Act of 2008;++(ii) "Electronic ballot marking device" means any electronic+device that assists voters in marking ballots, including, without limitation,+any voting machine that uses a touch screen to produce a marked paper ballot or+ballot card.".++Page 1-line 13 Delete "Section 1." and insert "Section 2.".++Page 1-line 14 After "(e)," insert "22-10-102, 22-11-102,".++Page 2-line 3 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, before "22-16-118" delete+"and"; after "22-16-118" insert "and 22-21-109 and 22-+22-203(b)".++Page 4-after line 21 Insert:++"22-10-102. Selection by county commissioners.++Subject to the limitations of W.S. 22-13-119, the board of county commissioners+may adopt for use in any precinct in the county a type of voting machine meeting+the standards specified in W.S. 22-10-101.++22-11-102. Use authorized; purchase or lease.++Subject to the limitations of W.S. 22-13-119, the board of county commissioners+of each county may adopt for use, either experimentally or permanently, in any+election in any or all polling places within the county, any electronic voting+system authorized by law.".++Page 15-after line 5 After the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, insert:++ "22-21-109. Supplies; regulations; costs.++Subject to the limitations of W.S. 22-13-119, the county clerk may utilize+voting machines or electronic voting systems at any bond election and may+prescribe the form of the ballot, the duties of election officials, and other+reasonable regulations pertaining thereto. The political subdivision holding+the bond election shall pay the actual costs of the election or an equitably+proportioned share of a concurrent election, as determined by the county clerk.++22-22-203. Determining validity of application; placement on ballot;+procedure for multi-county districts.++(b) Subject to the limitations of W.S. 22-13-119, each county clerk in+each election involving a school or community college district which crosses+county boundaries shall determine whether voting machines, electronic voting+system, paper ballots, or a combination thereof, shall be used to insure ensure+that each qualified elector votes only for the candidate or candidates from the+school district and trustee residence area, if any, and from the community+college district and subdistrict, if any, for which he is entitled to vote.".++Page 15-after line 8 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, delete "Section 3."+and insert "Section 4.".++Page 15-line 10 In the Haroldson committee of the whole amendment+(HB0052HW003/A) to this line, delete "Section 4."+and insert "Section 5.".++Page 15-line 15 Delete entirely including the Haroldson committee+of the whole amendment (HB0052HW003/A) to the+line and insert:++ "Section 6.++ (a) Section 1 of this act is effective January 1, 2028.++ (b) Sections 2 and 3 of this act are effective January 1, 2027.++ (c) Sections 4 through 6 of this act are effective immediately upon+completion of all acts necessary for a bill to become law as provided by Article+4, Section 8 of the Wyoming Constitution.". RIGGINS++2/23/2026 H 3rd Reading:Passed 49-9-4-0-0++ROLL CALL+Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Bratten,+Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly,+Erickson, Filer, Fornstrom, Geringer, Guggenmos, Haroldson, Harshman, Heiner,+Hoeft, Jarvis, Johnson, Knapp, Larsen, L, Larson, Jt, Lawley, Lien, Locke,+Mccann, Neiman, Ottman, Pendergraft, Rodriguez-Williams, Schmid, Sherwood,+Singh, Smith, Strock, Styvar, Tarver, Thayer, Washut, Webb, Wharff, Williams,+Winter, Wylie+Nays: Representative(s) Brady, Chestek, Davis, Nicholas, Posey, Provenza,+Riggins, Storer, Yin+Excused: Representative(s) Kelly, Lucas, Wasserburger, Webber+Ayes 49 Nays 9 Excused 4 Absent 0 Conflicts 0++2/24/2026 S Received for Introduction+2/24/2026 S Introduced and Referred to S07 - Corporations+2/27/2026 S07 - Corporations:Recommend Amend and Do Pass 3-2-0-0-0++ROLL CALL+Ayes: Senator(s) Boner, Dockstader, Steinmetz+Nays: Senator(s) Case, Landen+Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0++2/27/2026 :Rerefer to S02 - Appropriations+3/2/2026 S02 - Appropriations:Recommend Do Pass 3-0-2-0-0++ROLL CALL+Ayes: Senator(s) French, Laursen, Salazar+Excused: Senator(s) Driskill, Gierau+Ayes 3 Nays 0 Excused 2 Absent 0 Conflicts 0++3/2/2026 S Placed on General File+3/3/2026 S COW:S Did not consider for COW
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