§ Wyo. Stat. § 22-16-123Special mail ballot elections; procedures.

A special mail ballot election, as provided in this section, may be held in response to a determination under W.S. 22-16-122(a). In a special mail ballot election, official ballots shall be prepared and all other pre-election procedures followed as otherwise provided by law or rules promulgated by the secretary of state, except that special mail ballot packets shall be prepared as follows: The election official shall mail to each qualified elector entitled to vote in the special mail ballot election as described in W.S. 22-16-122 (b) and (c), at the last address appearing in the registration records or to the address given on the absentee ballot application used for the primary, general or other special election ballot, a special 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. Packets shall be mailed not sooner than twenty-one (21) days and not later than fifteen (15) days before an election for elections held in accordance with W.S. 22-16-122 . Packets shall be mailed not sooner than forty-five (45) days and not later than forty (40) days before an election for elections held in accordance with W.S. 22-16-122(h) unless the court order provides otherwise; 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 by mail. Not sooner than twenty-one (21) days and before 7:00 p.m. on election day for elections held in accordance with W.S. 22-16-122, mail ballots shall be made available at the election official’s office for voters entitled to vote in the election but whose address has changed or who did not receive their ballot in the mail; 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 shall sign a sworn statement specifying the reason for requesting the replacement ballot. The statement shall be presented to the election official no later than 7:00 p.m. on election day. The election official shall keep a record of each replacement ballot issued in accordance with this paragraph. 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 7:00 p.m. on election day; 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 election official or the designated depository no later than 7:00 p.m. on election day; Once the ballot is returned, it shall not be returned to the voter. The 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 place a number next to the voter’s name in the poll book. The election official shall then open and separate the ballot from the envelope and place the ballot in a ballot box so as to keep the voter’s ballot private; All deposited ballots shall be counted as provided in this act and rules promulgated by the secretary of state. A special mail ballot shall be valid and counted only if is returned in the return-verification envelope, the affidavit on the envelope is signed by the voter to whom the ballot was issued and the information on the envelope is verified as provided in paragraph (vi) 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 only count the first ballot received from that voter; The election official shall provide a minimum of one (1) polling place on the day of election which may be the election official’s office and shall be open between the hours of 7:00 a.m. and 7:00 p.m. If any special mail ballot packet mailed under paragraph (b)(i) of this section to a physical address, not including a post office box, is returned by the postal service, the county clerk shall investigate the validity of the address. If the county clerk determines that the address is not at a location that a voter could inhabit, the county clerk shall remove the address from the registration records until the county clerk receives proof that the address is habitable by a voter. History: Laws 2011, ch. 76, § 1; 2014 ch. 105, § 1, effective March 10, 2014; 2014 ch. 108, § 1, effective March 10, 2014. The 2014 amendments. — The first 2014 amendment, by ch. 105, § 1, in (b)(i), inserted “as described in W.S. 22-16-122 (b) and (c)” and “or to the address given on the absentee ballot application used for the primary, general or other special election ballot” in the first sentence, substituted “twenty-one (21)” for “twenty-five (25),” “W.S. 22-16-122 ” for “W.S. 22-16-122(d) or (e),” and “W.S. 22-16-122(h)” for “W.S. 22-16-122(f)” in the second sentence; in (b)(iii), substituted “twenty-one (21) days and before 7:00 p.m.” for “twenty-five (25 and not later than 4:00 p.m.,” W.S. 22-16-122” for “W.S. 22-16-122(f)” and deleted “and for voters allowed by law to register and vote the day of the election”; in (b)(iv), substituted “7:00 p.m.” for “4:00 p.m.” in the third sentence, and “7:00 p.m.” for “5:00 p.m.” in the fifth sentence; and in (b)(v), substituted “7:00 p.m.” for “5:00 p.m.” in the second sentence. Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014. The second 2014 amendment, by ch. 108, § 1, in the introductory language of (b)(ii), deleted “or ballot label” preceding “shall contain”; in the first sentence of (c), deleted “or the secretary of state if the election involves more than one (1) county” preceding “shall investigate”; in the last sentence of (c), deleted “or secretary of state” preceding “determines that,” and deleted “or secretary of state” preceding “receives proof.” Laws 2014, ch. 108, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014. While neither amendment gave effect to the other, both have been given effect in this section as set out above. Effective dates. — Laws 2011, ch. 76, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24 2011. Chapter 17 Contests § 22-17-101. Right to contest elections; exception; grounds. § 22-17-102. Commencement by verified petition; contents. § 22-17-103. Summons; conduct of suit. § 22-17-104. Judgment for costs. § 22-17-105. Ballot propositions contestable; nature of action. § 22-17-106. Grounds for contesting ballot propositions. § 22-17-107. Defense of contested ballot proposition. § 22-17-108. Court judgment in contests. § 22-17-109. Contesting election of state legislator; generally. § 22-17-110. Contesting election of state legislator; commencement. § 22-17-111. Contesting election of state legislator; taking of depositions. § 22-17-112. Contesting election of state legislator; handling of depositions by secretary of state; additional depositions. § 22-17-113. Contesting election of state legislator; legislative determination final. § 22-17-114. Contesting election of president, vice-president or presidential elector. Am. Jur. 2d, ALR and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 381 to 443. Admissibility of parol evidence of election officials to impeach election returns, 46 ALR2d 1385. State court jurisdiction over contest involving primary election for member of congress, 68 ALR2d 1320. 29 C.J.S. Elections §§ 401 to 539.