(a)Every electronic voting system adopted for use in
Wyoming shall:
(i)Provide for voting in secrecy;
(ii)Permit each voter to vote at any election for
all candidates and offices, and on any question, for which he is
lawfully entitled to vote;
(iii)Permit voting either by paper ballot, by ballot
card or by other mechanical, magnetic or electrical means by
which a vote may be recorded;
(iv)Permit each voter, at presidential elections, by
one (1) mark to vote for candidates of one (1) party for
president, vice-president and presidential electors or to write
in a name for president;
(v)Provide for replacement of spoiled ballots;
(vi)Permit both absentee and write-in voting;
(vii)Provide automatic tabulating equipment which
shall reject choices recorded on a ballot exceeding the number
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(a) Every electronic voting system adopted for use in
Wyoming shall:
(i) Provide for voting in secrecy;
(ii) Permit each voter to vote at any election for
all candidates and offices, and on any question, for which he is
lawfully entitled to vote;
(iii) Permit voting either by paper ballot, by ballot
card or by other mechanical, magnetic or electrical means by
which a vote may be recorded;
(iv) Permit each voter, at presidential elections, by
one (1) mark to vote for candidates of one (1) party for
president, vice-president and presidential electors or to write
in a name for president;
(v) Provide for replacement of spoiled ballots;
(vi) Permit both absentee and write-in voting;
(vii) Provide automatic tabulating equipment which
shall reject choices recorded on a ballot exceeding the number
allowed, and at a primary election reject choices for candidates
from a party other than the party for which a preference is
expressed;
(viii) Be suitably designed to function safely,
efficiently and accurately, when properly operated, in
recording, tabulating and counting every vote cast;
(ix) Repealed By Laws 1998, ch. 100, § 5.
(x) Be certified by the secretary of state as
provided in subsections (d) through (g) of this section;
(xi) Have and use an air gap.
(b) Repealed By Laws 1998, ch. 100, § 5.
(c) The secretary of state may from time to time as
necessary promulgate rules and regulations consistent with
subsection (a) of this section and with all other requirements
of this Election Code to govern the characteristics of
electronic voting systems that may be used in Wyoming. The
rules shall ensure the fairness and accuracy of elections. The
rules may govern both the characteristics of the systems and the
procedures to be followed in using the systems. The rules shall
allow the county clerks to follow appropriate recommendations of
the vendors of the systems for maintenance and management of the
systems to the extent these recommendations are not inconsistent
with this Election Code and with the rules. The rules shall be
adopted following consultation with the county clerks.
(d) A vendor shall file in the office of the secretary of
state an application for certification of an electronic voting
system and the secretary of state shall approve the application
before any electronic voting system to be used in an election
conducted under this code may be distributed, sold or upgraded
by the vendor. The application for certification of an
electronic voting system shall contain the following
documentation:
(i) Proof that the electronic voting system has been
certified by the United States election assistance commission;
(ii) Proof that the electronic voting system meets
the voluntary voting system guidelines adopted by the United
States election assistance commission;
(iii) Proof that the electronic voting system
complies with the provisions of this chapter;
(iv) A Wyoming certificate of good standing for the
vendor from the office of the secretary of state dated not more
than ninety (90) days prior to the date the application is
filed;
(v) Proof of the vendor's escrow account containing
the source code for the electronic voting system and system
components for which certification is being sought including any
source code updates; and
(vi) The checksum value associated with the escrowed
source code for the electronic voting system and system
components for which certification is being sought;
(vii) All related manuals, including but not limited
to, technical manuals for repair and maintenance of the
electronic voting system, operations manuals for election
officials, printer manuals for ballot production and all other
written documents prepared by the vendor that describe the
operation, use and maintenance of the electronic voting system;
(viii) A list of applicable patents and copyrights on
the electronic voting system;
(ix) A history of the electronic voting system to
include a complete description of the electronic voting system,
the date the electronic voting system was produced and a
complete list of the states that have used the electronic voting
system;
(x) A list of any written complaints or concerns made
to the vendor by other jurisdictions including county or local
jurisdictions on the electronic voting system and a description
of the resolution of the complaints or concerns. If there are no
written complaints or concerns made to the vendor by other
jurisdictions on the electronic voting system then the vendor
shall provide a statement to that effect;
(xi) A list of all denials of certification for the
electronic voting system made to the vendor by other
jurisdictions including state, county or local jurisdictions
which shall include official documentation on the resolution of
the denial of certification or a statement from the state,
county or local jurisdiction explaining why the denial was not
resolved.
(e) The secretary of state may deny an application for
certification of an electronic voting system as required by
subsection (d) of this section or withdraw certification of an
electronic voting system for any of the following reasons:
(i) A county clerk notifies the secretary of state of
and the secretary of state determines that the electronic voting
system fails to meet the requirements necessary for approval of
certification or ongoing certification provided in subsection
(d) of this section; or
(ii) The vendor fails to notify the secretary of
state of necessary enhancements or adjustments to the electronic
voting system;
(iii) The election voting system does not produce
accurate results and reports as required by law;
(iv) Changes are made in the electronic voting system
that do not comply with the requirements for certification as
required by subsection (d) of this section;
(v) The electronic voting system is no longer used by
any county in Wyoming or is no longer available for purchase or
repair from the company.
(f) Before being used, any new electronic voting system
that is purchased by either the state or a county shall be
certified pursuant to this section.
(g) Every county in Wyoming shall keep an inventory of all
electronic voting systems being used in that county. The
inventory shall include the following information:
(i) The type of electronic voting system used;
(ii) The quantity of each electronic voting system;
(iii) The serial number of each electronic voting
system;
(iv) The software version, if applicable, of each
electronic voting system; and
(v) The firmware version, if applicable, of each
piece of hardware used in an electronic voting system.