Recount laws in Wyoming

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Wyoming. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Wyoming.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin is less than 1% of votes cast for the winning candidate. Automatic recounts for ballot measures occur when the margin is within 1% of votes needed for passage. Automatic recounts for constitutional amendments occur when the margin is less than 1% of total votes cast in the election.
  • When must an automatic recount be completed?
    • Within 72 hours of a mandate from election officials.
  • Can a recount be requested?
    • Yes, the recount can be requested within two days of the state or county canvass. The deadline for completion is within 72 hours of the request. No margin is required.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • No.

Wyoming recount procedures

Automatic recount procedures

Wyoming requires an automatic recount under the following circumstances:

Offices:

“ (a) The county canvassing board shall make a recount of precinct votes if it appears to the board that a recount is required due to irregularities in that precinct.

(b) There shall be a recount made of all the votes cast for any office in which the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than one percent (1%) of the number of votes cast for the winning candidate receiving the least number of votes cast for that office. This recount shall be made in the entire district in which the candidates are standing for election.[2]

”
—Wyo. Stat. § 22-16-109

Ballot measures:

“ A recount will be made if the proposition receives a number of votes, greater or lesser, within one percent (1%) of the number of votes required for passage. The one percent (1%) variance shall be calculated based upon the total number of votes cast on the proposition, except for constitutional amendments in which case the variance shall be calculated based upon the total number of votes cast in the election.[2] ”
—Wyo. Stat. § 22-16-111

The deadline to complete an automatic recount is no later than 72 hours after the recount is mandated.[3]

Requested recount procedures

Wyoming allows requested recounts under the following circumstances:

Offices:

“ (a) A candidate may obtain a recount of votes for the office he is seeking by making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district in which he is standing for election. The affidavit shall be filed in the same office the candidate filed his application for nomination:
(i) Not later than two (2) days after the county canvass has been completed if the office is certified by the county canvassing board;
(ii) Not later than two (2) days after the state canvass has been completed if the office is certified by the state canvassing board.[2]
 ”
—Wyo. Stat. § 22-16-110

Ballot measures:

“ A recount will be made if requested in an affidavit signed by twenty-five (25) electors registered in a district voting on the question. The affidavit shall be filed with the county clerk not later than two (2) days after the county canvass has been completed for propositions voted on in one (1) county, and with the secretary of state not later than two (2) days after the state canvass has been completed for propositions voted on in more than one (1) county.[2] ”
—Wyo. Stat. § 22-16-111


In both instances, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded.[4] The deadline to complete a requested recount is no later than 72 hours after the request.[3]

For more information about recount procedures in Wyoming, click here.

Wyoming voting equipment

See also: Voting methods and equipment by state

Wyoming uses paper and Direct Recording Electronic (DRE) systems for its elections. The state does require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[5][6]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Lexis Nexus, "22-16-109 to 114," accessed October 16, 2020
  2. ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ 3.0 3.1 Wyoming Statutes Annotated, "§ 22-16-112. Precincts to be recounted; recount official result," accessed Oct. 19, 2020
  4. ↑ Wyoming Statutes Annotated, "§ 22-16-113. Recount deposit; expense of recount," accessed Oct. 19, 2020
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  11. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  12. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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