State Summary
Recounts are automatically conducted for candidates when the difference between the votes cast for the winning candidate who receives the fewest votes and the votes cast for the losing candidate who receives the most votes is less than 1% of the votes cast for the winning candidate who receives the fewest votes cast for that office. Recounts are automatically conducted for ballot measures when the ballot measure receives a number of votes within 1% of the what is required for passage. Candidates may request recounts if they allege that an error occurred; voters may also request recounts if 25 voters in one district file an affidavit. Clerks must complete recounts within 72 hours after a request. Recounts are conducted by retabulation.
Counting Method
Retabulation only
A recount in Wyoming is defined by state statute as “the processing of ballots through the tabulation system for an additional time or times, conducted for the specific purpose of counting votes again in any specific race.” Wyo. Stat. Ann. § 22-1-102(a)(xlii). "Retabulation" is the process of running ballots back through the tabulation system for an additional time or times for the express purpose of reconciling the count. Wyo. Stat. Ann. § 22-1-102(a)(xliii).
Initiating Mechanisms
Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated
County canvassing boards recount precinct votes if it appears to the board that a recount is required “due to irregularities in that precinct.” Wyo. Stat. Ann. § 22-16-109(a). In such a case, the canvassing board initiating the recount designates the precincts to be recounted. Wyo. Stat. Ann. § 22-16-112(a).
In no event may a county clerk certify the recount results later than 72 hours after the recount is requested. Wyo. Stat. Ann. § 22-16-112(c).
Close Vote Margin Options
Less than or equal to 1%
Initiated automatically
For candidates, automatic recounts are conducted when the difference in number of votes cast for the winning candidate who receives the least number of votes and the number of votes cast for the losing candidate who receives the greatest number of votes is less than 1% of the number of votes cast for the winning candidate who receives the least number of votes cast for that office. Wyo. Stat. Ann. § 22-16-109(b). In this case, the recount is done for the entire district in which the candidates are up for election.
For ballot measures, an automatic recount is conducted when the ballot measure receives a number of votes, greater or lesser, within 1% of the number of votes required for passage. Wyo. Stat. Ann. § 22-16-111(a)(i). The 1% variance is calculated based on the total number of votes cast on the proposition, except for constitutional amendments, in which case the variance is calculated based on the total number of votes cast in the election. Wyo. Stat. Ann. § 22-16-111(a)(i).
In no event may a county clerk certify the recount results later than 72 hours after the recount is requested. Wyo. Stat. Ann. § 22-16-112(c).
Candidate-Initiated Options
Any candidate for an office may obtain a recount by “making and filing an affidavit alleging that fraud or error occurred in counting, returning or canvassing the votes cast in any part of the district” in which they’re up for election. Wyo. Stat. Ann. § 22-16-110(a); see also Wyo. Stat. Ann. § 22-16-109(c). The affidavit must be filed in the same office the candidate filed their application for nomination no later than two days after the county or state canvass has been completed. Wyo. Stat. Ann. § 22-16-110(a).
The recount is conducted in all precincts in which that candidate was voted upon for that office. WY Stat § 22-16-112(a)(i). In no event may a county clerk certify the recount results later than 72 hours after the recount is requested. Wyo. Stat. Ann. § 22-16-112(c).
Voter-Initiated Options
Voters may request recounts for initiatives/questions
Recounts on ballot propositions may be requested if 25 voters registered in a district voting on the ballot question file an affidavit with the county clerk. Wyo. Stat. Ann. § 22-16-111(a)(ii). The affidavit must be filed no later than two days after the county canvass has been completed for propositions voted on in one county or with the secretary of state for propositions voted on in more than one county. Id. The voters must also submit a deposit of $100. Id.
In no event may a county clerk certify the recount results later than 72 hours after the recount is requested. Wyo. Stat. Ann. § 22-16-112(c).
Cost for Candidate-Initiated Recounts
Paid entirely by initiator
Payor of costs depends on outcome
An affidavit requesting a recount must be accompanied a deposit, which depends on the difference in the number of votes cast for each candidate: If the difference in number of votes cast is 1% or greater but less than 5%, the deposit is $500; if the difference in number of votes cast is 5% or more, the deposit is 3,000. Wyo. Stat. Ann. § 22-16-113(a). If the recount shows sufficient error to change the result of the election, the county in which the recount is conducted must pay all expenses and the deposit is returned. Wyo. Stat. Ann. § 22-16-113(b). In all other cases, the applicant seeking the recount is liable for the actual cost of conducting the recount up to a maximum of the amount deposited per county recounted. Id. If the recount is initiated by the county canvassing board or required by Wyo. Sta. Ann. § 22-16-109(b), the cost of the recount is paid by the county in which the recount is conducted, regardless of the result of the recount. Wyo. Stat. Ann. § 22-16-113(c).
Cost for Voter-Initiated Recounts
Paid entirely by initiator
Payor of costs depends on outcome
Initiators must pay a deposit of $100 when they file the affidavit for the recount. If the outcome of the election is changed by the recount, the deposit is refunded. If the outcome is not changed, the initiators are liable for the actual costs of the recount up to $500 per county recounted. Wyo. Stat. Ann. § 22-16-111(a)–(b).
Challengers and Observers
No guidance
Wyoming statutes have no guidance for observers or challengers, nor is there guidance on whether the recount must be public.
Rules for Determining Voter Intent
There is little statutory guidance for determining voter intent. For paper ballots tabulated using ballot scanners, each individual vote is determined by the voting equipment and may not be determined subjectively by human tabulation, “except when the intent of the voter is unmistakable but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine” Wyo. Stat. Ann. § 22-14-114; see also 002-6 Wyo. Code R. § 6-5. For paper ballots opened by the counting board, votes not clearly marked are not counted for that contest. Wyo. Stat. Ann. § 22-14-104.