Wyoming Statutes § 22-11-103 Capabilities required

Statute Text

(a) Every electronic voting system adopted for use in Wyoming shall:

(i) Provide for voting in secrecy;

(ii) Permit each voter to vote at any election for all candidates and offices, and on any question, for which he is lawfully entitled to vote;

(iii) Permit voting either by paper ballot, by ballot card or by other mechanical, magnetic or electrical means by which a vote may be recorded;

(iv) Permit each voter, at presidential elections, by one (1) mark to vote for candidates of one (1) party for president, vice-president and presidential electors or to write in a name for president;

(v) Provide for replacement of spoiled ballots;

(vi) Permit both absentee and write-in voting;

(vii) Provide automatic tabulating equipment which shall reject choices recorded on a ballot exceeding the number allowed, and at a primary election reject choices for candidates from a party other than the party for which a preference is expressed;

(viii) Be suitably designed to function safely, efficiently and accurately, when properly operated, in recording, tabulating and counting every vote cast;

(ix) Repealed By Laws 1998, ch. 100, § 5.

(x) Be certified by the secretary of state as provided in subsections (d) through (g) of this section .

(b) Repealed By Laws 1998, ch. 100, § 5.

(c) The secretary of state may from time to time as necessary promulgate rules and regulations consistent with subsection (a) of this section and with all other requirements of this Election Code to govern the characteristics of electronic voting systems that may be used in Wyoming. The rules shall ensure the fairness and accuracy of elections. The rules may govern both the characteristics of the systems and the procedures to be followed in using the systems. The rules shall allow the county clerks to follow appropriate recommendations of the vendors of the systems for maintenance and management of the systems to the extent these recommendations are not inconsistent with this Election Code and with the rules. The rules shall be adopted following consultation with the county clerks.

(d) A vendor shall file in the office of the secretary of state an application for certification of an electronic voting system and the secretary of state shall approve the application before any electronic voting system to be used in an election conducted under this code may be distributed, sold or upgraded by the vendor. The application for certification of an electronic voting system shall contain the following documentation:

(i) Proof that the electronic voting system has been certified by the United States election assistance commission;

(ii) Proof that the electronic voting system meets the voluntary voting system guidelines adopted by the United States election assistance commission;

(iii) Proof that the electronic voting system complies with the provisions of this chapter;

(iv) A Wyoming certificate of good standing for the vendor from the office of the secretary of state dated not more than ninety (90) days prior to the date the application is filed;

(v) Proof of the vendor's escrow account containing the source code for the electronic voting system and system components for which certification is being sought including any source code updates; and

(vi) The checksum value associated with the escrowed source code for the electronic voting system and system components for which certification is being sought;

(vii) All related manuals, including but not limited to, technical manuals for repair and maintenance of the electronic voting system, operations manuals for election officials, printer manuals for ballot production and all other written documents prepared by the vendor that describe the operation, use and maintenance of the electronic voting system;

(viii) A list of applicable patents and copyrights on the electronic voting system;

(ix) A history of the electronic voting system to include a complete description of the electronic voting system, the date the electronic voting system was produced and a complete list of the states that have used the electronic voting system;

(x) A list of any written complaints or concerns made to the vendor by other jurisdictions including county or local jurisdictions on the electronic voting system and a description of the resolution of the complaints or concerns. If there are no written complaints or concerns made to the vendor by other jurisdictions on the electronic voting system then the vendor shall provide a statement to that effect;

(xi) A list of all denials of certification for the electronic voting system made to the vendor by other jurisdictions including state, county or local jurisdictions which shall include official documentation on the resolution of the denial of certification or a statement from the state, county or local jurisdiction explaining why the denial was not resolved.

(e) The secretary of state may deny an application for certification of an electronic voting system as required by subsection (d) of this section or withdraw certification of an electronic voting system for any of the following reasons:

(i) A county clerk notifies the secretary of state of and the secretary of state determines that the electronic voting system fails to meet the requirements necessary for approval of certification or ongoing certification provided in subsection (d) of this section; or

(ii) The vendor fails to notify the secretary of state of necessary enhancements or adjustments to the electronic voting system;

(iii) The election voting system does not produce accurate results and reports as required by law;

(iv) Changes are made in the electronic voting system that do not comply with the requirements for certification as required by subsection (d) of this section;

(v) The electronic voting system is no longer used by any county in Wyoming or is no longer available for purchase or repair from the company.

(f) Before being used, any new electronic voting system that is purchased by either the state or a county shall be certified pursuant to this section.

(g) Every county in Wyoming shall keep an inventory of all electronic voting systems being used in that county. The inventory shall include the following information:

(i) The type of electronic voting system used;

(ii) The quantity of each electronic voting system;

(iii) The serial number of each electronic voting system;

(iv) The software version, if applicable, of each electronic voting system; and

(v) The firmware version, if applicable, of each piece of hardware used in an electronic voting system.

History

Amended by Laws 2023 , ch. 122 , § 2 , eff. 7/1/2023 .

Amended by Laws 2014 , ch. 108, § 1, eff. 3/10/2014 .

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