Catch Title: Falsifying Election Documents (Post-Election Audit Accountability)

Sponsor: Management Audit Committee

Effective Date: July 1, 2026

Bill URL: https://www.wyoleg.gov/Legislation/2026/HB0084

Overview

HB0084 amends the Wyoming Election Code to explicitly include the submission of a false post-election ballot audit as a criminal act. By adding this to the existing “Falsifying election documents” statute, the bill targets deliberate attempts to mislead electors or election officials during the mandatory audit reporting process required under W.S. 22-6-130. This measure was introduced following concerns regarding specific clerical actions during the 2024 Primary Election.

Key Provisions

• Criminalizes False Audits: Specifies that falsifying election documents includes submitting a false post-election ballot audit to the Secretary of State.
• Intent Requirement: The act must be performed with the specific “intent to deceive or mislead an elector or an election official”.
• Statutory Integration: Directly links this new offense to the existing post-election audit procedures outlined in W.S. 22-6-130.
• Felony Classification: By incorporating this act into W.S. 22-26-107, it carries a penalty of up to five (5) years in prison and/or a fine of up to $10,000.

Implications

• Legal Stakes for Officials: Submitting an audit found to be intentionally misleading now constitutes a felony offense, significantly increasing the legal liability for County Clerks and their staff.
• Ambiguity in Falsification: [Ambiguous] The bill does not distinguish between intentional criminal manipulation and significant mathematical errors; while the “intent to deceive” clause provides some protection, the lack of a clear definition for “false” may lead to litigation over clerical mistakes.
• Fiscal Impact: [Not Specified] The bill does not include a fiscal note for the potential costs of investigating or prosecuting these cases, which would be handled by the judicial system.
• Audit Uniformity: The penalty applies to audits of both mandatory statewide contests and any additional contests a clerk voluntarily chooses to audit under their discretionary authority.
• Election Cycle Readiness: Because the law takes effect July 1, 2026, it will be in force for the 2026 Primary and General elections, requiring immediate awareness from all 23 Wyoming County Clerks.
• Administrative Trust: Despite the extremely high historical accuracy of Wyoming’s audits, this bill serves as a deterrent against deliberate reporting failures similar to those alleged in the 2024 Primary.