The Laramie County Clerk's Office tested its voting tabulation machines on Aug. 5. According to two witnesses, the routine test went awry as the machines jammed and crumpled sample ballots and then spat them onto the floor.
In response, the Wyoming Republican Party has filed a lawsuit against the Laramie County Clerk's Office. The complaint alleges that Laramie County Clerk Debra Lee failed to meet a state mandated deadline to ensure that all voting equipment is functioning properly two weeks before the primary election, which falls on Aug. 20.
According to statute, the ballots are supposed to have a different number of votes for each candidate. But the complaint alleges that the ballots cast during the test all had "the same number of votes for each candidate."
Taft Love is the chairman of the Laramie County Republican Party and a senate candidate. He said the lawsuit is an attempt to protect Wyomingites' right to vote.
"What we're truly after is making sure that by the 20th of August, we have our machines certified, prepared, and ready to run a valid election," Love said.
Dallas Tyrell, a committeeman for the Laramie County Republican Party who was also present at the testing event, said that both machines tested were crushing ballots before spitting them out.
"The operator of the machine was unsure how to stop it," Tyrrell said. "So it just continuously crushed these ballots into a tray, to the point where the ballots became so crushed that they popped out of the machine and onto the floor."
When asked if he had any proof of his description, he said that recording equipment, including cell phones, wasn't allowed into the basement of the Laramie County government building located 309 W. 20th Street in Cheyenne, where the test occurred.
"That in itself presents transparency issues," said Tyrrell.
Per Wyoming law, the machines must be certified by the U.S. Election Assistance Commission. They must also be tested and certified by the State of Wyoming before they may be used in the upcoming primary election.
Love said that the complaint, which preceded the lawsuit, was shared with the Wyoming Secretary of State's Office, the Wyoming Attorney General, the Laramie County District Attorney.
When asked how he separates his dual roles as party chairman and senate candidate, which may present a conflict of interests, Love said that he has removed himself from anything to do with individual candidates.
"I've removed myself from anything involving candidate forums, candidate debates, or candidate funding," Love said. "My vice chairwoman and vice chairman have taken on all of those responsibilities, and they make those decisions independent of me."
According to Love, the party chairman is required to witness the voting machine test in his county. The decision to take action against the Laramie County Clerk's Office was decided by a committee vote.
"As the test has nothing to do with individual candidates, but the function of machines to count an election, it's still incumbent upon me to participate and manage the test for my county party as the chairman," Love said. "It is also open to the other candidates that wish to participate, and we did have another candidate there as well as two other citizens."
The Laramie County GOP has asked the community to donate funds to support the lawsuit, and hinted that similar problems may be brewing in another unnamed county.
Jordan Evans, chairman of the Laramie County Democratic Party, told Wyoming Public Media that nobody from his team attended the event.
With the primary election 11 days away, it's unclear what the next steps are, and what needs to happen before that date. Laramie County Clerk Debra Lee did not respond to multiple requests for comment.
This reporting was made possible by a grant from the Corporation For Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
