§ 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:
(i) A material error in the conduct of the election
has occurred; and
(ii) The error involves a number of votes that is
equal to or greater than the number of votes separating the
winning and losing candidates.
(b) The canvassing board shall determine which precincts
will be involved in the special election. If the candidates'
office is voted on across county lines, the canvassing board of
all counties involved shall meet to determine the criteria for
the special election.
(c) If only certain precincts are allowed to vote in the
special election, the votes received in the special election
shall be added to the unofficial results not declared null and
void for that office from the initial primary, general election
or other special election.
(d) In a contest involving multiple candidates, all of the
candidates' names shall be placed on the ballot in the special
election.
(e) Any candidate may appeal the decision of the
canvassing board to call or not to call a special election in
the same manner as he would contest an election under this act.
However, the appeal shall be filed in the district court no
later than the first Monday following the meeting of the
canvassing board where the decision being appealed was made.
(f) The special election shall be held if necessary no
later than the third Tuesday after the primary, general or other
special election and may be held by a special mail ballot
election as provided in W.S. 22-16-123. The special election
shall be conducted by the county clerk as nearly as possible in
the manner of a primary or general election, except only those
registered in the precinct at the close of polls on the election
day of the primary, general or other special election in
question shall be permitted to vote in the special election. If
the election is held as a special mail ballot election, the
election shall be held as provided in W.S. 22-16-123.
(g) Not more than fourteen (14) nor less than five (5)
days before the special election the county clerk shall publish
at least once in a newspaper of general circulation in the
county a proclamation setting forth the date of the election,
the offices to be filled at the election including the terms of
the offices, the number of persons required by law to fill the
offices, the requirements for filing statements of campaign
contributions and expenditures, and any other pertinent
information.
(h) A court ordered election may be held by special mail
ballot election as determined by the county clerk or by the
secretary of state if the election involves more than one (1)
county.