§ 22-29-116 — Procedures for mail ballot elections

Wyoming § 22-29-116

• Jurisdiction: Wyoming
• Title 22: Elections
• Ch. 29: SPECIAL DISTRICT ELECTIONS ACT
• Art. 1: GENERAL PROVISIONS

Text

(a) Mail ballot elections shall be overseen by the county
clerk as provided in W.S. 22-29-113(m). Official ballots shall
be prepared and all other preelection procedures followed as
otherwise provided by law or rules promulgated by the secretary
of state, except that mail ballot packets shall be prepared in
accordance with the following:
(i) No later than forty-five (45) days prior to
election day, the secretary of the special district shall
request from the county clerk of each county in which the
special district is located a list of qualified electors
residing within the affected district;
(ii) No later than thirty (30) days prior to election
day, the county clerk of each county in which a special district
is located shall certify and submit to the election official a
list of qualified electors residing within the affected
district;
(iii) No sooner than twenty-five (25) days and no
later than fifteen (15) days before an election, the election
official shall mail to each landowner who has filed a written
authorization and request for a mail ballot and to each
qualified elector entitled to vote in the mail ballot election,
at the last address appearing in the registration records a mail
ballot packet, which shall be marked "DO NOT FORWARD-ADDRESS
CORRECTION REQUESTED," or any other similar statement which is
in accordance with United States postal service regulations;
(iv) The ballot shall contain the following warning:
WARNING
The criminal laws regulating the conduct of elections contained
in chapter 26 of the Wyoming Election Code of 1973, as amended
apply with equal force to elections conducted by mail.
(v) No sooner than twenty-five (25) days and no later
than 4:00 p.m. on election day, mail ballots shall be made
available at the election official's office for voters entitled
to vote in the election but who are not otherwise listed on the
county voter registration records if otherwise authorized to
vote;
(vi) A voter may obtain a replacement ballot if the
ballot was destroyed, spoiled, lost, or for some other reason
not received by the voter. In order to obtain a replacement
ballot, the voter must sign a sworn statement specifying the
reason for requesting the replacement ballot. The statement
shall be presented to the election official no later than 4:00
p.m. on election day. The election official shall keep a record
of each replacement ballot issued in accordance with this
section together with a list of each ballot obtained pursuant to
this section. An election official shall not transmit a mail
ballot package under this section unless the application for the
replacement ballot is received on or before election day. A
replacement ballot may be transmitted directly to the applicant
at the election official's office or may be mailed to the voter
at the address provided in the application. Replacement ballots
may be cast no later than 5:00 p.m. on election day;
(vii) Upon receipt of a ballot, the voter shall mark
the ballot, sign and complete the return-verification envelope,
and comply with the instructions provided with the ballot. The
voter may return the marked ballot to the election official by
United States mail or by depositing the ballot at the office of
the official or any place designated by the official. The ballot
must be returned in the return-verification envelope. The ballot
shall be received at the office of the election official or the
designated depository no later than 5:00 p.m. on election day;
(viii) Once the ballot is returned, an election
official shall first qualify the submitted ballot by examining
the verification envelope and comparing the information on the
envelope to the poll list to determine whether the ballot was
submitted by a voter who has not previously voted in the
election. If the ballot so qualifies, and is otherwise valid,
the official shall enter the name of the registered voter in the
poll book, open the return-verification envelope and deposit the
ballot in an official ballot box;
(ix) All deposited ballots shall be counted as
provided in this act and by rules promulgated by the secretary
of state. A mail ballot shall be valid and counted only if it is
returned in the return-verification envelope, the affidavit on
the envelope is signed and completed by the voter to whom the
ballot was issued and the information on the envelope is
verified in accordance with paragraph (viii) of this subsection.
If the election official determines that a voter to whom a
replacement ballot has been issued has voted more than once, the
official shall not count any ballot cast by that voter.
(b) The election official responsible for conducting the
election shall provide a minimum of one (1) polling place on the
day of election which may be the election official's office or
the county clerk's office and shall be open for not less than
five (5) consecutive hours at any time between the hours of 9:00
a.m. and 7:00 p.m. as set forth in the notice of election.