Catch Title: HB0085  Post-election audit procedures

Category: Elections

Sponsor: Management Audit Committee

Effective Date: July 1, 2026

Bill URL: https://wyoleg.gov/2026/Introduced/HB0085.pdf

Overview:

This bill formalizes and increases the transparency of the post-election ballot audit process in Wyoming. It introduces requirements for taking official minutes during the audit and mandates the presence of observers from different political parties to verify both the procedures and the results.

Key Provisions:

• Mandatory Audit Minutes: Each county clerk is now required to take official minutes during the post-election ballot audit.
• Strict Reporting Deadline: County clerks must provide both the audit results and the minutes to the Secretary of State no later than one day before the state canvassing board meets.
• Bipartisan Observation Requirements:
  • At least two electors from different political parties must be present to observe the audit procedures and results.
  • County clerks are required to notify political parties and independent candidates of the time and place of the audit.
• Observer Oath and Objections:
  • Observers must take the same oath required for election officials.
  • Observers must be given the opportunity to register any observed errors or objections in writing.
  • These registered statements (and any response from the clerk) must be submitted to the Secretary of State along with the audit results.
• Clerk Appointment Power: If an insufficient number of party representatives are available, the county clerk has the authority to appoint representatives from different parties to meet the observation requirements.

Implications:

• Enhanced Verifiability: By requiring minutes and partisan observers, the bill creates a permanent, documented “paper trail” for the audit process, allowing for greater post-election scrutiny and public trust.
• Administrative Pressure: The requirement to finalize and transmit minutes and results within 24 hours of the state canvassing board meeting may create significant administrative pressure for county clerks, particularly in larger counties.
• Standardization of Local Challenges: The formal process for registering objections ensures that concerns raised by party representatives are not dismissed locally but are elevated to the state level for the Secretary of State’s review.
• Operational Dependency: The audit process is now operationally dependent on the participation of political parties; while clerks can appoint observers if parties fail to provide them, this adds a recruiting and vetting task to the clerk’s workload.