Processing, counting, and challenging absentee/mail-in ballots in Wyoming, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016. The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Wyoming for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

• How ballots are processed and counted
• Whether ballots can be challenged
• Conditions for rejecting a ballot
• Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Wyoming for the November 2020 election.

Absentee voting in Wyoming: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

N/A

Was the request deadline a postmark or receipt deadline?

N/A

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Received

Were there notary or witness requirements?

No requirement

Processing ballots

Officials in Wyoming began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, Wyoming law included the following provision for processing absentee/mail-in ballots:

“

(a) After an absentee ballot has been accepted by the clerk, it shall not be returned to the voter. (b) The clerk shall place completed absentee ballot envelopes in a large precinct envelope for the precinct in which they shall be voted and keep custody of them until they are delivered to the polling place or the designated counting center. The clerk shall endorse on the precinct envelope the number of the district and precinct and the words "Envelope contains ballots of absentee qualified electors and shall be opened only on election day at the polls when the polls are open" and shall affix his signature, official title, and seal the envelope.

”

See law: WY Stat § 22-9-115 (2019)

Counting ballots

Officials in Wyoming began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Wyoming law included the following provision for counting absentee/mail-in ballots:

“

(i) In a paper ballot precinct, the name of the absent elector shall be entered in the pollbook, the inner ballot envelope shall be opened by a judge of election and the ballots therein shall be removed. The ballot shall then be placed in the regular ballot box by a judge of election; (ii) In a voting machine precinct, the inner ballot envelope shall be opened after the judges are sworn in and as activity permits, the ballots therein removed and each ballot deposited in its proper box. After the absentee ballots have been so deposited, they shall be mixed within the box, removed from the box and once the polls open and as activity permits, voted on a voting machine in the following manner: A judge of election shall read the vote for each candidate and ballot proposition. A judge of a different political party affiliation shall record the vote as read on the machine. A third judge shall observe this procedure to see that the vote is correctly cast.

”

See law: WY Stat § 22-9-121 (2019)

Wyoming law included the following provision for who may count absentee/mail-in ballots:

“

(a) The county clerk shall appoint a counting board for each paper ballot polling place casting more than three hundred (300) votes at the last general election, and may appoint a counting board in such a polling place in which one hundred fifty (150) or more such votes were cast at such election. A counting board shall have three (3) members or more to facilitate the counting of votes. No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board. (b) A counting board shall be appointed for each designated counting center in each county using an electronic voting system. The board shall consist of at least seven (7) members who shall be the county clerk or his designated deputy, and three (3) members of each major political party appointed by the county clerk. Additional members may be appointed by the county clerk if deemed necessary by the county clerk but equal major party membership shall be assured. No more than one (1) person under the age of eighteen (18) may be appointed as to each counting board. (c) The counting board in a paper ballot polling place has no authority to act until polls are declared closed. A counting board in an electronic voting system counting center may commence preparing absentee ballots for counting at any time on the day of the election. (d) For a polling place where a counting board need not be appointed, the judges of election shall count the votes.

”

See law: WY Stat § 22-8-108 (2019)

Wyoming law included the following provision for poll watchers:

“

(a) The county chairman of each political party may certify poll watchers prior to the day of the election to serve in each polling place. Not more than one (1) poll watcher from each political party may serve simultaneously unless the chief judge determines that one (1) additional poll watcher from each political party may be accommodated in the polling place without disrupting the polling process. (b) A poll watcher shall belong to the political party he represents and shall be a registered elector residing in the county. A poll watcher shall serve only at the polling place designated on the certificate. A poll watcher is authorized to observe voter turn out and registration and may make written memoranda but shall not challenge voters, conduct electioneering activities or disrupt the polling process.

”

See law: WY Stat § 22-15-109 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Wyoming law included the following provision for challenging ballots:

“

(a) A person offering to vote may be challenged for the following reasons: (i) Not a qualified elector; (ii) Not entitled to vote in the precinct; (iii) Name does not appear on poll list and the person cannot meet the requirements to register at the polls; (iv) Not the person he represents himself to be; (v) Has already voted.

”

See law: WY Stat § 22-15-104 (2019)

As of November 2020, Wyoming law included the following provision for handling challenged ballots:

“

(a) If a person offering to vote is challenged, and the challenge is not resolved in accordance with W.S. 22-15-106, an election judge shall offer the voter a ballot clearly marked "provisional" and which cannot be automatically tabulated. (b) A person challenged on any ground may vote by provisional ballot, if he subscribes this oath in writing before a judge of election: "I do solemnly swear (or affirm) that I am the person I represent myself to be and that I am a qualified elector entitled to vote in this precinct at this election and that this is the only ballot I have or will vote in this election.". ............................. Signature of voter ............................. Signature of judge ............................. Precinct and District No. (c) The oath required by this section shall be printed on the provisional ballot envelope. (d) A challenged voter may present information and documentation of his eligibility to register at the election or to vote to the county clerk until the close of business on the day following the election. Any information presented shall be considered by the canvassing board in determining the voter's eligibility to register at the election or to vote and whether to open and count his provisional ballot. The provisional ballot shall be counted only after the voter has, by presenting documentation required under this code to the county clerk, established he had previously registered and is a qualified elector or he was eligible to register at the election and is a qualified elector.

”

See law: WY Stat § 22-15-105 (2019

Rejecting ballots

As of November 2020, Wyoming law included the following provision for rejecting absentee/mail-in ballots:

“

(a) After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit onthe absentee ballot envelope to determine if it is legally sufficient. (b) If it is not, they shall write on the unopened inner envelope "REJECTED" and reasons for rejection. A rejected ballot envelope and the ballot therein shall be returned to the clerk who delivered it and retained by the clerk as required by state and federal law or until the final termination of any court action in which it may be involved, whichever is later, and then destroyed."

”

See law: WY Stat § 22-9-121 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.

As of November 2020, Wyoming did not have a ballot curing provision in state law.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
• Absentee/mail-in voting, 2020