Chapter 3
Uniformed and Overseas Citizens' Absentee Voting (UOCAVA)

 

Section 1.                Authority. These rules are authorized by W.S. 22-2-121(b), (d), and (e).

 

Section 2.                Designation of the Office of the Wyoming Secretary of State. The Office of the Wyoming Secretary of State is designated as the office responsible for providing information regarding voter registration procedures and absentee ballot procedures to voters qualifying under the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) as defined in 52 U.S.C. § 20310.

 

Section 3.                Who May Register and Request an Absentee Ballot under UOCAVA.

 

(a)               All persons identified under W.S. 22-3-117(b) may simultaneously register and make application for an absentee ballot through the use of the Federal Post Card Application (FPCA).

 

(b)               When registering to vote, overseas voters who are eligible to vote in Wyoming shall be deemed to reside in the voting precinct of the address of the last place of residence in Wyoming or a nonstandard voting address.

 

(c)               The County Clerk may require any UOCAVA voter to present acceptable identification, as provided under W.S. 22-3-103(a)(v).

 

Section 4.                Procedures for Requesting Information. The Office of the Secretary of State shall accept inquiries from, and provide information to, UOCAVA voters regarding voter registration procedures and absentee ballot procedures, including procedures relating to the use of the Federal Write-in Absentee Ballot (FWAB). Mail inquires shall be addressed to the Wyoming Secretary of State, attention: Election Division, Herschler Building East, 122 West 25th Street, Suites 100 and 101, Cheyenne, Wyoming 82002-0200.

 

Section 5.                Procedures for Processing Voter Registration Applications.

 

(a)               A person may register to vote at any time, except during the fourteen (14) days prior to an applicable election.

 

(b)               Individuals may register to vote during the fourteen (14) days before an election if:

 

(i)                 The individual submits a request for an absentee ballot with the individual's state voter registration application; or

 

(ii)               The individual submits an official FPCA requesting voter registration and an absentee ballot.

 

(c)               An FPCA may be accepted and processed when received by email.

 

Section 6.                Standard Oath. As allowed pursuant to 52 U.S.C. § 20302, Wyoming requires an oath or affirmation to accompany any ballot under this Chapter. The standard oath permitted by 52 U.S.C. § 20301(b)(7), and 10302(a)(5) shall be used:

 

I swear or affirm, under penalty of perjury, that I am:

 

1.  A member of the Uniformed Services or merchant marine on active duty;

or an eligible spouse or dependent of such a member; or, a U.S. citizen residing outside

the U.S.; or, other U.S. citizen residing outside the U.S.; and

 

2.  I am a U.S. citizen, at least 18 years of age (or will be by the date of the

election), and I am eligible to vote in the requested jurisdiction; and

 

3. I have not been convicted of a felony, or other disqualifying offense, or

been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated;

and

 

4.  I am not registering, requesting a ballot, or voting in any other jurisdiction

in the U.S., except the jurisdiction cited in this voting form.

 

In voting, I have marked and sealed my ballot in private and have not allowed any

person to observe the marking of the ballot, except for those authorized to assist voters

under State or Federal law. I have not been influenced. My signature and date below

indicate when I completed this document. The information on this form is true, accurate,

and complete to the best of my knowledge. I understand that a material misstatement of

fact in completion of this document may constitute grounds for a conviction for perjury.

 

Signed:_________________________________________ Date:____________________

                       Month/Day/Year

 

Section 7.                Absentee Ballot Applications.

 

(a)               Absentee ballot applications from UOCAVA voters shall be processed in accordance with 52 U.S.C. § 20302.

 

(b)               County Clerks shall enter all UOCAVA absentee ballot applications into the statewide voter registration system within one (1) business day, following procedures established by the Secretary of State and as allowed by the statewide voter registration system.

 

Section 8.                Transmitting Absentee Ballots to UOCAVA Voters.

 

(a)               If a UOCAVA voter requests an absentee ballot forty-five (45) days or more before the date of the Primary, General or Special Election, the County Clerk shall send the absentee ballot no later than forty-five (45) days before the election.

 

(b)               If a UOCAVA voter requests an absentee ballot fewer than forty-five (45) days prior to the election, the County Clerk shall send the absentee ballot within one (1) business day of receiving the request.

 

(c)               The County Clerk shall transmit absentee ballots to UOCAVA voters via the method selected by the voter. If the voter does not indicate a preference, the County Clerk shall send the absentee ballot by mail.

 

(i)                 The County Clerk may transmit an absentee ballot electronically or by facsimile to a UOCAVA voter when specifically requested by the voter.

 

(A)              The electronic absentee ballot shall be sent to the voter in a portable document format (PDF);

 

(B)              The County Clerk shall send the absentee ballot with the UOCAVA oath form in accordance with Section 8 containing the voter bar code and voter identification number; and

 

(C)              The County Clerk shall send the required instruction sheet with the absentee ballot.

 

(d)               For absentee ballots that are mailed or faxed to UOCAVA voters, if the County Clerk has not received printed absentee ballots forty-five (45) days prior to the election, the County Clerk shall print the absentee ballot using the ballot on demand printer or an absentee ballot printed from a PDF file and send the absentee ballot to the UOCAVA voter.

 

Section 9.                Processing Voted Absentee UOCAVA Ballots.

 

(a)               All voted absentee ballots, including a FWAB, shall be returned by mail. The County Clerk shall not accept any ballot that is submitted electronically.

 

(b)               County Clerks shall ensure that voted absentee ballots are delivered to the proper department or staff members for processing, counting, and maintenance according to the provisions in W.S. 22-9-115.

 

(i)                 Absentee ballots mailed to the voter shall be tabulated in accordance with the standard process for tabulating absentee ballots.

 

(ii)               Absentee ballots transmitted electronically to the voter and returned by the voter on generic paper stock shall be treated by the County Clerk as damaged absentee ballots and processed in accordance with Chapter 6 of the Election Procedures Rules. The County Clerk may duplicate the absentee ballot at a counting center, but shall follow the provisions of Chapter 6.

 

(c)               Absent voters, as defined in 52 U.S.C. § 20310(5) may use a FWAB if they have timely applied for a state absentee ballot and the absentee ballot sent by the County Clerk has not been received by the voter, subject to the requirements of 52 U.S.C. § 20301. The FWAB shall be counted only if:

 

(i)                 The state absentee ballot application was received by the County Clerk prior to election day; and

 

(ii)               The state absentee ballot was not received by the County Clerk before the close of polls on election day.

 

Section 10.            General Requirements Related to Absentee UOCAVA Ballots.

 

(a)               County Clerks shall take necessary measures to protect the security and integrity of the absentee ballots and the privacy of the voter.

 

(b)               County Clerks shall not refuse an otherwise valid voter registration application, absentee ballot application, voted absentee ballot, or FWAB from an overseas voter due to notarization requirements, paper type, weight, or size, or envelope type, weight, or size.

 

(c)               County Clerks shall comply with all federal requirements regarding UOCAVA absentee ballots.

 

(d)               The County Clerk shall enter all received absentee ballots into the statewide voter registration system within one (1) business day.

 

(e)               The Secretary of State shall post UOCAVA absentee ballot information on the Secretary of State's website on a regular basis that provides UOCAVA voters the ability to track the receipt of their absentee ballots.

 

Section 11.            Procedures for Processing Federal Postcard Application Absentee Ballot Requests.

 

(a)               When a UOCAVA voter applies using the FPCA to register to vote and simultaneously to request an absentee ballot for the next election(s), the voter shall be provided absentee ballots by the County Clerk as required by W.S. 22-3-117.

 

(b)               The County Clerk shall maintain a record of all requests as described in (a) above to ensure the requested absentee ballots can be sent as soon as available for all covered elections.

 

Section 12.            Reports of Absentee Ballots Transmitted and Returned and Cast.

 

(a)               Following each regularly scheduled federal election, each County Clerk shall report to the Secretary of State the number of absentee ballots transmitted to UOCAVA voters, the number of absentee ballots returned by UOCAVA voters and cast in the election, and the total number of absentee ballots cast in the election. This report shall be in the format prescribed by the Federal Election Assistance Commission (EAC).

 

(b)               No later than ninety (90) days following each regularly scheduled federal election, the Secretary of State shall report using the format prescribed by the EAC the composite data described in (a) above to the EAC and make the report available to the public.