Catch Title: Random hand count audits of election results

Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee

Effective Date: Effective immediately upon completion of all acts necessary for a bill to become law

Bill: https://www.wyoleg.gov/Legislation/2026/HB0051

Overview This bill creates a new post-election audit requirement in Wyoming, mandating that each county clerk conduct a random hand count audit of all ballots cast in one precinct following every primary and general election . The Secretary of State is responsible for the random selection of the precinct and for establishing the procedural rules for the audit . The audit results must be compared to electronic tabulations and reported to the Secretary of State within one week of the election .

Key Provisions

• Mandatory Precinct Audit: Following each primary and general election, every county clerk must audit the ballots of one randomly selected precinct .
• Selection Process: The Secretary of State is tasked with the random selection of the specific precinct in each county to be audited .
• Hand Count Requirement: The audit must be conducted via a hand count of all ballots cast in the selected precinct .
• Result Comparison: Clerks must compare the hand count audit results directly to the results tabulated by the electronic voting system .
• Strict Timeline: The hand count audit and comparison must be completed within one week (seven days) after the date of the election .
• Immediate Reporting: Audit findings and comparison data must be reported immediately to the Secretary of State upon completion .
• Rulemaking Authority: The Secretary of State is required to adopt rules to implement the audit, including the scope and specific procedures, by July 1, 2026 .

Implications

• [Ambiguous: Discrepancy Protocol] The bill currently lacks a statutory mechanism or specific authority for the Secretary of State to create rules governing the outcome of a result discrepancy . It is unclear if a significant variance would trigger an automatic wider recount or affect official certification.
• Expanded Audit Scope: The audit applies to “all ballots cast” in the selected precinct, which includes all in-person and absentee ballots registered to that specific location.
• Fiscal Uncertainty: Depending on the size of the precinct selected by the Secretary of State, counties may face significant, unbudgeted labor costs to meet the hand-counting requirements for all ballots .
• Administrative and Time Constraints: Completing a full-precinct hand count within one week of a major election places a high burden on county staff who are simultaneously managing canvassing and certification .
• Cost Drivers: The commitment to complete audits without delaying the election calendar is expected to drive up administrative and overtime costs for counties.
• Compressed Rulemaking Timeline: The July 1, 2026, deadline for final rules represents a compressed schedule for the standard rulemaking process, leaving limited time for consultation with county clerks on technical hand-counting procedures .
• Procedure Scrutiny: Because specific hand-count methods (e.g., tally sheets vs. stack-and-count) are not defined in statute, the upcoming public review of the Secretary of State’s rules will be critical for determining the audit’s actual complexity .