Administrative Rule Review Report  #AR08-039

Legislative Service Office

16-May-08

 

AGENCY:                                 Secretary of State Office.

 

DATE SUBMITTED:                  May 15, 2008.

 

SUBJECT:                                 Chapters 2 and 4 through 20, Election Procedures.

 

NATURE OF RULES:                     Legislative and procedural

 

STATUTORY AUTHORITY:         Wyoming Statutes, Title 22

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  A new rule letter was sent to the prime sponsor of the legislation that prompted these rules and the standing committee that acted on the rules on March 31, 2008.   No comments were received concerning these rules.

 

SUMMARY OF RULES:

 

The rules provide multiple changes to the process of elections to comply with 2008 House Bill 0008 – Election Code-Revisions. 

 

Chapter 2:  The rules recognize that a statewide voter registration system is fully operational.

 

Chapter 4:  The rules provide that the results of an entire provisional ballot shall be added to the unofficial results of an election.

 

Chapter 5:  The rules provide a process for curbside voting whereby two election judges leave the polling place and deliver a ballot to a person in a vehicle which is parked near the entrance of the polling place.

 

Chapter 6:  The rules provide a process for counting damaged ballots by establishing a three person duplicating board which shall duplicate the damaged ballot.  Rejected, spoiled or duplicated ballots must be retained for a minimum of 22 months or until any election contest affected by the ballots has been terminated.

 

Chapter 7:  The rules require the county chairman of each political party to provide the county clerk with a list of names and schedules of poll watchers not later than seven days prior to the opening of an absentee polling place.

 

Chapters 8 through 10:  The rules provide a process for counting and testing votes recorded on optical scan voting machines, direct recording electronic devices and AutoMARKS voting devices.

 

Chapter 11:  The rules provide procedures for use of ballot on demand printers.

 

Chapter 12:  The rules provide procedures for certification of all electronic voting equipment using national association of state election directors' standards.

 

Chapter 13:  The rules provide standards and procedures for election judges and counting board members.  They also provide rules for processing absentee ballots.

 

Chapter 14:  The rules govern the activities taking place at polling places including processes prior to and during polling hours and processes for re-opening the polls.

 

Chapter 15:  The rules establish a standard procedure for transmitting election results to the secretary of state's office after an election.

 

Chapter 16:  The rules set forth a standard process for voter registration.  The rules specify that county clerks may not accept batches of voter registrations applications.

 

Chapter 17:     The rules provide procedures to protect the privacy of voter information.

 

Chapter 18:  The rules provide that each candidate for office will receive a copy of the candidate campaign guide, a receipts reporting form and a receipts and expenditures reporting form.  The rules also provide a process for notifying the public of a candidate's withdrawal from an election before and after ballots are printed.

 

Chapter 19:  The rules provide a standard procedure for counting write-in votes.

 

Chapter 20:  The rules provide a process for preparation and printing of emergency ballots in the event a county clerk has not received the official ballots by the statutory deadline.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Board.

 

 

                                                            _______________________

                                                            Lynda Cook

                                                            Staff Attorney

 

                                                            _______________________

                                                            Dan Pauli

                                                            Director

LGC/