HB0232

Failed

Elections-hand counting for recounts.

Require hand counting of ballots for certain election recounts and adjust primary election dates to accommodate the process.

Full legal title

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; revising dates of the primary election and the county and state canvass to allow time for hand counting as specified; clarifying when a counting board is required to be appointed; requiring rulemaking; creating an account; making conforming amendments; providing an appropriation; and providing for an effective date.

Elections

Sponsor:

Co-sponsors: Representative(s) Allemand, Banks, Bear, Brady, Erickson, Knapp, Locke, McCann, Schmid, Strock, Webb, Williams, Senator(s) Boner, Hutchings, Kolb, Pearson, Smith, D

View on wyoleg.gov Introduced Text (PDF)Digest (PDF)Engrossed (PDF)Fiscal Note (PDF)

What does this bill do?

Establishes procedures for hand-counting recounts in Wyoming elections, adjusts recount thresholds, modifies election dates, and creates a dedicated recount fund.

Defines 'recount' to include counting ballots by hand or re-processing through electronic equipment, conducted under specified criteria in W.S. 22-16-109 or 22-16-111 through 22-16-113. (W.S. 22-1-102(a)(xlii))
Changes the primary election date from the first Tuesday after the first Monday in August to the first Tuesday after the third first Monday in August. (W.S. 22-2-104(b), W.S. 22-2-104(d))
Requires automatic hand-count recounts for federal, statewide, or legislative offices when the vote margin is less than 2% (changed from 1%) of the winning candidate's votes in a county, and less than 1% statewide or in a district. (W.S. 22-16-109(b)(i), W.S. 22-16-109(b)(ii))
Allows losing candidates to request recounts for any office, with the candidate specifying whether the recount should use electronic equipment or hand count with tally sheets. (W.S. 22-16-110(a))
Establishes deposit requirements for candidate-requested recounts, ranging from up to $1,000 for electronic equipment recounts to up to $5,000 for hand-count recounts, depending on vote margin. (W.S. 22-16-113(a))
Requires the secretary of state to reimburse counties from the election recount account for reasonable expenses (wages, per diem, and mileage) exceeding $5,000 when recounts are county-initiated or state-mandated. (W.S. 22-16-113(b), W.S. 22-16-113(c))
Creates the election recount account as a continuously appropriated fund for costs related to administering hand recounts, with investment earnings deposited into the general fund. (W.S. 22-16-109(g))
Delays county canvass to no later than the second Friday after election (changed from first Friday) and state canvass to no later than the third Wednesday (changed from second Wednesday) to allow time for hand-count recounts. (W.S. 22-16-103(c)(i), W.S. 22-16-118)
Requires appointment of a counting board by the county clerk for hand-count recounts, consisting of not fewer than three members, with the ability to appoint additional members as needed.