Members of the public would not be able to hand count ballots to verify a vote, even if the ballots were from past elections, the Wyoming Attorney General’s office said in response to questions asked by county attorney Bryan Skoric after repeated requests were made by a local group to verify present or past elections via hand count. 

Park County commission chair Dossie Overfield announced the reply from the AG at the start of Tuesday’s meeting, a week after the general election, during which no major issues were announced. The election was also monitored by poll watchers at most precincts, as the state Republican Party trained and then deployed 200 poll watchers to 150 polling locations across the state. 

A group of concerned citizens had spearheaded the effort that wound up involving many other interested members of the public. In April, group leaders Boone Tidwell, of Cody, and Larry French, of Powell, asked to be able to hand count ballots in the wake of the 2022 primary and general elections as a way to verify the results. 

After Skoric was asked to look into whether that would be legal and he determined it wouldn’t be, the group then asked to hand count ballots for the 2022 primary and general elections. 

Commissioners agreed to ask the state AG whether that would be allowed and sent the request prior to the summer primary. Three questions were sent, two regarding state statutes on elections and one regarding a part of the state constitution. Questions included:

1. Does Wyo. Stat. Ann. 22-14-114 apply to past elections since the vote has already been determined as referenced in this statute?

AG answer: Yes, Wyo. Stat. Ann. 22-14-114 provides for the only method of counting ballots designed to be counted by machine.

2. Assuming that 22-14-114 would not prevent a hand count of the 2020 ballots since the vote was already determined, would any individual or group counting these ballots nevertheless also need to be trained, certified and compensated pursuant to Wyo. Stat. Ann. 22-8-113-118?

AG: The Wyoming Election Code, including Wyo. Stat. Ann. 22-14-114, would prevent a hand count of the 2020 ballots.

3. Does Article 6, Section 11 of the Wyoming Constitution prohibit the county from ever turning over ballots from any election to any outside person or group?

AG: Yes, Article 6, Section 11 of the Wyoming Constitution makes secrecy of the ballot compulsory. Because the constitution makes ballots confidential, the records in question may not be turned over to any outside person or group.