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20LSO-0268
2020
STATE OF WYOMING
20LSO-0268
Introduced
2.0
HOUSE BILL NO. HB0167
Voter fraud-prevention.
Sponsored by: Representative(s) Gray, Edwards, Jennings, Salazar, Styvar, Tass and Washut and Senator(s) Biteman, Boner, James, Moniz and Steinmetz
A BILL
for
AN ACT relating to elections; modifying identification requirements to vote; authorizing the issuance of Wyoming voter identification cards as specified; imposing duties on the secretary of state and the department of transportation; making conforming amendments; repealing provisions related to proof of identity for voting; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 22
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119 is created to read:
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119.
Wyoming voter identification card.
(a)
Any person holding or retaining an expired or unexpired Wyoming driver's license primarily for purposes of voter identification, may apply to surrender or invalidate that license and receive a Wyoming voter identification card issued as provided in this section as a valid alternative form of identification.
(b)
Each county clerk shall provide at least one (1) place in the county at which the clerk shall accept applications for and issue Wyoming voter identification cards in accordance with this section. Wyoming voter identification cards issued under this section shall only be valid for purposes of acceptable identification under W.S. 22
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118 and shall only be available to persons who meet all of the following qualifications:
(i)
The person is a registered elector of the state;
(ii)
The person has a valid expired or unexpired driver's license issued under title 31 of the Wyoming statutes;
(iii) The person desires to surrender or otherwise invalidate their Wyoming driver's license in order to receive a Wyoming voter identification card.
(c)
A person shall apply in person for a Wyoming voter identification card. An application for a Wyoming voter identification card shall:
(i)
Require the following information from the applicant:
(A)
Full legal name;
(B)
Current residence address;
(C)
Date of birth;
(D)
A physical description of the applicant including sex, height, weight and eye color.
(ii)
Be signed and sworn to by the applicant under penalty of perjury.
(d)
Prior to issuing a Wyoming voter identification card to a person, a county clerk shall:
(i)
Verify that the person has a valid expired or unexpired Wyoming driver's license;
(ii)
Verify that the person is registered to vote in the state;
(iii)
Require documentation showing the person's name and address of principal residence;
(iv)
Require the person to surrender their Wyoming driver's license to the county clerk or otherwise allow the county clerk to invalidate the license.
(e)
No fee shall be charged or collected for the application for or issuance of a Wyoming voter identification card. The Wyoming voter identification card shall be captioned "WYOMING VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under Wyoming law it is valid only as identification for voting purposes. The Wyoming voter identification card shall be laminated,
contain a digital color photograph of the applicant and include all of the following information:
(i)
The information required by paragraph (c)(i) of this section;
(ii)
The date the voter identification card was issued;
(iii)
The county where the voter identification card was issued;
(iv)
Any other information or identification as required by rule of the secretary of state.
(f)
A Wyoming voter identification card shall remain valid so long as the person resides in the same county and remains qualified to vote. A person who moves residence outside of the county in which a Wyoming voter identification card was issued may surrender his card to the county clerk of the county of his new residence within the state and may after the surrender apply for and receive a new card if the person is otherwise eligible under this
section. Any person who moves residence outside the state or who ceases to be qualified to vote shall surrender his Wyoming voter identification card to the county clerk who issued the card.
(g)
The secretary of state shall provide each county clerk with the necessary equipment, forms, supplies and training for the production of the Wyoming voter identification cards and shall maintain the equipment.
(h)
The department of transportation, in consultation with the secretary of state, shall develop a process for county clerks to verify and take possession of or otherwise invalidate an applicant's Wyoming driver's license in accordance with this section.
Section 2.
W.S. 22
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119 and 22
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118(a)(intro), (b)(intro), (d) and (f) are amended to read:
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119.
Qualified elector may vote.
Except as specifically provided otherwise
,
a person may vote only if
he
the person
is a qualified elector
, only if
the person shows acceptable identification before voting
and only in the precinct in which
he
the person
resides.
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118.
Proof of identity.
(a)
Unless a voter is challenged pursuant to W.S. 22
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101 through 22
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109, no identification shall be required when
:
voting by mail after having previously voted in a Wyoming federal election.
(b)
Prior to voting, when a voter
has registered by mail and
is voting in person
,
in his first Wyoming federal election,
or is voting by mail in his first Wyoming federal election,
he shall provide
:
acceptable identification.
(d)
Voters who are unable to provide the required proof under the applicable provisions of
subsections (b) and (c) of
this section shall be offered provisional ballots in accordance with W.S. 22
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105 and permitted until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to vote in the precinct.
(f)
As used in this section
:
(i)
"Acceptable identification" includes a Wyoming voter identification card issued under W.S. 22
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119;
(ii)
"Wyoming federal election" means a primary election, general election or a special election for federal office held in this state.
Section 3.
W.S. 22
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118(a)(i) and (ii), (b)(i) and (ii) and (c) is repealed.
Section 4.
(a)
The secretary of state shall promulgate rules as required by this act.
(b)
The department of transportation shall consult with the secretary of state and develop the process required by W.S. 22
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119(h), as created by this act.
Section 5.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2020.
(b)
Sections 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0167