Catch Title: Elections-voting machine and voting system tests

Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee

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

URL: https://www.wyoleg.gov/Legislation/2026/SF0028

 Overview

This bill amends Wyoming’s Election Code to standardize and clarify the procedures for testing voting machines and electronic voting systems. It mandates increased transparency by opening the preparation process to the general public and requiring counties to post digital notices of testing on their official websites. Crucially, the bill removes the “conclusive presumption” that a certified machine is properly prepared, allowing for judicial challenges in district court if specific objections are filed within two days of certification.

Key Provisions

• Universal Testing Scope: Every voting machine used in an election, including electronic ballot marking devices (currently used in one county), must be individually tested and prepared.
• Public Notice Requirements: County clerks must post a notice of testing on the clerk’s website and in their office at least five days before a test, or 24 hours before a re-test.
• Public Observation: The testing and preparation process is explicitly open to members of the public to verify that counters are set to zero and accuracy is confirmed
• Testing Logic and Accuracy: Tests must include processing a pre-audited group of ballots with a predetermined number of valid votes and overvotes to ensure the equipment correctly identifies and rejects excessive votes.
• Removal of Legal Presumption: Amends W.S. 22-10-110 to eliminate the “conclusive presumption” of proper preparation, permitting machines to be challenged in district court within two days after being sealed.
• Transparent Reporting: Results of the testing must be reported similarly to official election results, posted on the county website, and made available to the public upon request.
• Rulemaking Authority: The Secretary of State is granted authority to promulgate rules for electronic voting systems, following consultation with county clerks, to ensure election fairness and accuracy.

Implications

• Increased Litigation Risk: The removal of the “conclusive presumption” of proper preparation is a major legal change that opens the state to more frequent, potentially lengthier, and more expensive litigation regarding election equipment.
• Administrative Calendar Compression: The mandatory five-day notice period and increased requirements for public observation are expected to impact the intensive pre-election administrative work currently performed by county clerks.
• Fiscal Uncertainty: The bill creates unknown costs for counties regarding the logistics of public observation, the maintenance of detailed digital notices, and standardized result reporting.
• Standardization of Hardware: By explicitly naming electronic ballot marking devices, the legislation ensures that all hardware—including that currently limited to one county—is subject to identical statutory testing rigors.
• Logistical Demands: Shifting from limited party representative observation to general public access may require clerks to manage larger crowds and oversight during technical preparation phases.