State Summary

Wyoming’s Senate File No. 153 (2023) instituted a “post-election ballot audit,” which requires an audit of statewide contests following primary, special, and general elections. Wyo. Stat. § 22-6-130(a). The statute also gives clerks discretion to select additional contests for audit. Although the statute mentions a formula developed by the University of Wyoming to determine a “statistically significant sample size of the ballots to be audited,” the percentage of ballots to be audited is capped at 5% of the number of ballots cast. Wyo. Stat. § 22-6-130. Wyoming’s Statewide Election Audit Policy for 2022, a 2022 directive that predates the audit statute, provides further information on how the audit is conducted.

Prior to 2023, Wyoming’s statute only required that logic and accuracy testing, conducted using test ballots, be repeated after the election. Wyo. Stat. § 22-11-109. 

Unless otherwise specified, statutory references are to Wyo. Stat. § 22-6-130.

Voting Systems Used

Most counties in Wyoming use hand marked paper ballots and optical scanners in polling places, with ballot marking devices for accessibility. One county uses hybrid ballot marking devices/tabulators for all in-person voters. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

The statute does not specify which ballots are included in the audit.

Transparency

Since Wyo. Stat. § 22-6-130 does not provide guidance on the transparency of the audit, we consider the audit to have minimal transparency.

Audit Counting Method

Wyo. Stat. § 22-6-130 does not specify how the audit is conducted. Wyoming’s Statewide Election Audit Policy for 2022 provides insight into the audit process in place as of 2022 and in force until superseded. It requires that “the county shall use the [election management system] to compare the ballot with the corresponding Cast Vote Record (CVR).” In effect, county officials are directed to compare ballot images against the CVR for each ballot.

Type Of Audit Units

Based on the description of the audit procedures in Wyoming’s Statewide Election Audit Policy for 2022, the ballot is treated as the audit unit, with ballot images compared to CVRs.

Contests & Issues Audited

Wyo. Stat. § 22-6-130 provides for the auditing of all statewide contests, with additional contests to be audited at the discretion of the county clerk.

Addressing Discrepancies

The statute does not provide for the expansion of the audit if discrepancies are detected.

For recount laws, see Citizens for Election Integrity Minnesota website. 

Timeline

County clerks must complete the audit by the first Thursday following the election and provide the audit results to the secretary of state one day prior to the meeting of the state canvassing board. Wyo. Stat. § 22-6-130.

Binding On Official Outcomes

The statute is silent on whether the audit is binding.

Oversight & Conduct

County clerks conduct the audit, while the secretary of state develops policies for the audit and oversees the selection of ballots to be audited. See Wyoming’s Statewide Election Audit Policy for 2022.

Ballot Protection

Paper ballots are sealed by election judges in an envelope after being counted and tallied. A copy of each voting machine record is sealed in a separate envelope. These envelopes are then sealed in a container labeled with the district and precinct number. Wyo. Stat. § 22-14-110.

Election records and returns must be sealed in a locked container with a numbered seal, and the number or unique identifier on the numbered seal must be documented by an election judge before the container leaves the polling place and also documented by the county clerk upon arrival at the clerk’s office. Wyo. Stat. § 22-14-111.

Additional Targeted Samples

There is no provision for targeted samples in Wyo. Stat. § 22-6-130.

Resources

Wyo. Stat. § 22-6-130: Audit statute

Wyo. Stat. § 22-14-110; Wyo. Stat. § 22-14-111: Ballot protection

Last updated: March 25, 2024