Lawmakers address election issues with four bills
Oct. 15—CHEYENNE — Election issues were at the forefront of Friday's agenda for the Wyoming Legislature's Joint Corporations, Elections and Political Subdivisions Committee.
Members of the committee spent the day focused on election integrity, election systems, vacancies in elected offices and assuring ballot records are available to the public. They passed four out of the six bills on the topics, which will be considered by the full Legislature during the 2023 general session.
The first bill considered by the committee led to a much larger discussion regarding election fraud, and some constituents' distrust of the electronic voting system used by the state. However, officials from the Secretary of State's Office said the bill before lawmakers didn't establish a new process.
It was designed to codify the secretary of state's rules for certification of electronic voting systems, and provide a definition for vendor — meaning "a person engaged in selling, leasing, marketing, designing, building or maintaining electronic voting systems to the state or counties." Kai Schon, director of the Secretary of State's Office Election Division, presented amendments that were "perfunctory changes," and the bill passed 12-1.
It requires proof that the electronic voting system has been certified by the U.S. Election Assistance Commission, meets the voluntary voting system guidelines and complies with certifications of good standing.
Vacancies, public records requests
Two other bills passed Friday addressed elected office vacancies and public records requests.
Lawmakers voted 8-5 to move forward legislation that would require a special election if there is more than half of a total term remaining after an official leaves office, or it would go to the political parties for candidate appointments. The latter is the same system by which current Interim Secretary of State Karl Allred was selected. Gov. Mark Gordon selected him from the three candidates put forward by the Wyoming GOP in September. (Gordon used the same process to pick Brian Schroeder to serve as interim state superintendent of public instruction earlier this year when Jillian Balow left her post.)
A public records request issue in the Secretary of State's Office and among county clerks was also addressed. Absentee ballot requests and returns were no longer being provided to stakeholders who asked for them, after a concern for voter privacy was brought forward.
The bill, approved 12-1, allows that names, gender, addresses, unique identifying numbers and party affiliations would be considered public records and would not be deemed confidential.
"In reviewing our statutes, we changed a process that we were doing. We did not arbitrarily change a rule or violate a statute. We changed the process, and instead of giving out voluminous information that was not allowable within the statute, we gave what the statute allowed us to give," Deputy Secretary of State Karen Wheeler said. "With the inclusion of the language that is now in this draft bill, that does give our office guidance as to what information we can give out to certain parties for certain reasons."
Ranked-choice voting
While these bills addressed issues important for the election process, the most significant overhaul proposed Friday was related to election systems. Lawmakers voted 8-5 in support of a bill that creates a pilot program for municipalities to conduct nonpartisan ranked-choice general elections, based on an election system used in Utah.
FairVote describes ranked-choice voting as instant-runoff voting, and said it allows voters to rank candidates in order of preference.
"Voters have the option to rank candidates in order of preference: first, second, third and so forth," the voting reform organization wrote. "Votes that do not help voters' top choices win count for their next choice."
Legislative Service Office staff said if a first-preference vote tallying leads to someone getting more than 50% of the vote, that candidate wins. If no one gets more than 50% of the vote, the candidate who gets the fewest first-preference votes is excluded, and their votes are added to the remaining candidates' totals. The process continues until a candidate receives more than 50% of the vote and is declared elected.
Schon said if the ranked-choice system was implemented, they would not currently have the correct software and federal certifications. The voter registration system and other components of the Election Division would need to be modified at a cost of $55,000, and the ranked-choice voting utility would cost counties $10,000 per election. Thousands more dollars would have to be spent on training across the state.
Although some stakeholders said the election system would be confusing and take away the power of their vote, others said it allowed for a better reflection of how voters feel about candidates.
"Instant-runoff elections that use ranked-choice voting helps to create more accountability for the voters," R Street Institute researcher Matthew Germer said. "It removes strategic pressures, it allows for more choices and creates more competition. And all of that gives voters just another tool for holding their representatives accountable. Accountability is not a principle unique to conservatives, but it is one deeply held by conservatives."
Another election system that was considered by the Corporations Committee was based on Alaska's open primary model. Testimony by lawmakers argued that it would kill political parties in the state, and negate the right of assembly. It was eventually tabled for the next interim after a motion by Sen. Charles Scott, R-Casper.
"It's been 10 years of people saying we need a different primary system in Wyoming," Corporations Committee co-Chairman Rep. Dan Zwonitzer, R-Cheyenne, said.
Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.
