AN ACT relating to elections; authorizing the preparation and processing of absentee ballots before an election; providing rulemaking authority; providing a felony penalty; making conforming amendments; and providing for an effective date.
CrimeElectionsHealthcare
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Corporations
Last action
2022-03-09
Official status
enrolled
Effective date
7/1/2022
Plain English Breakdown
The official source material does not mention observers being excluded from observing absentee ballots, only that candidates or their representatives are prohibited.
Timeline for Preparing and Processing Absentee Ballots
This law allows county clerks to prepare and process absentee ballots before election day, with rules on observation and penalties for disclosing results early.
What This Bill Does
Allows county clerks to start preparing and processing absentee ballots on the Thursday or Friday immediately preceding an election if they notify the secretary of state and provide notice to political parties.
Requires that no one can know or share the results of these prepared ballots until after polls close on election day.
Makes it a felony offense for anyone to disclose voting results early, punishable by up to five years in prison or a fine of up to $10,000.
Gives the secretary of state authority to make rules about how absentee ballots are prepared and processed.
Who It Names or Affects
County clerks who prepare and process absentee ballots
Political parties that receive notifications from county clerks
Terms To Know
Felony
A serious crime that can lead to a prison sentence of more than one year.
Absentee ballots
Ballots sent or given to voters who cannot vote in person on election day.
Limits and Unknowns
The law does not specify how county clerks should notify political parties.
It is unclear what happens if a felony penalty is imposed but the offender cannot pay the fine.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment adds a new rule that people preparing or observing the handling of absentee ballots cannot have personal electronic devices within ten feet of where the work is happening, except for medical reasons.
Adds a new requirement that observers and preparers of absentee ballots must not carry personal electronic devices near the preparation area.
The amendment does not specify what types of devices are considered 'personal electronic devices' or how compliance will be enforced.
Plain English: The amendment adds a new rule that people preparing or observing the handling of absentee ballots cannot have personal electronic devices within ten feet of where the work is happening, except for medical reasons.
Adds a new requirement that observers and preparers of absentee ballots must not carry personal electronic devices near the preparation area.
The amendment does not specify what types of devices are considered 'personal electronic devices' or how compliance will be enforced.
Plain English: The amendment allows candidates and their representatives to observe the preparation and processing of absentee ballots but prohibits them from seeing any confidential information.
Candidates and their committees can now watch how absentee ballots are prepared and processed.
Confidential details about absentee ballots must remain hidden from observers.
The amendment does not specify what constitutes 'confidential information'.
Plain English: The amendment modifies the language in the bill to clarify and specify additional requirements related to absentee ballot processing.
Adds 'and any other mandatory procedures for counting absentee ballots under this chapter' after a reference to section in the bill.
Inserts 'made' before 'known' at another point in the text.
The exact impact of these changes on ballot processing and counting is not fully explained by the amendment text alone.
Bill History
2022-03-09LSO
Assigned Chapter Number 39
2022-03-09Governor
Governor Signed HEA No. 0023
2022-03-07Senate
S President Signed HEA No. 0023
2022-03-07House
H Speaker Signed HEA No. 0023
2022-03-07LSO
Assigned Number HEA No. 0023
2022-03-07House
H Concur:Passed 47-12-1-0-0
2022-03-04House
H Received for Concurrence
2022-03-04Senate
S 3rd Reading:Passed 20-10-0-0-0
2022-03-03Senate
S 2nd Reading:Passed
2022-03-02Senate
S COW:Passed
2022-03-01Senate
S Placed on General File
2022-03-01Senate
S07 - Corporations:Recommend Do Pass 4-1-0-0-0
2022-02-24Senate
S Introduced and Referred to S07 - Corporations
2022-02-24Senate
S Received for Introduction
2022-02-24House
H 3rd Reading:Passed 46-13-1-0-0
2022-02-23House
H 2nd Reading:Passed
2022-02-22House
H COW:Passed
2022-02-17House
H Placed on General File
2022-02-17House
H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0
2022-02-15House
H Introduced and Referred to H07 - Corporations 41-18-1-0-0
2022-02-11House
H Received for Introduction
2022-02-01LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 22LSO-0102
Bill No.:
HB0052
Effective:
7/1/2022 12:00:00 AM
LSO No.:
22LSO-0102
Enrolled Act No.:
HEA No. 0023
Chapter No.:
39
Prime Sponsor:
Joint Corporations, Elections & Political Subdivisions Interim Committee
Catch Title:
Timeline to prepare and process absentee ballots.
Subject:
Timeline to prepare and process absentee ballots.
Summary/Major Elements:
This act authorizes county clerks to prepare and process absentee ballots on the Thursday or Friday immediately preceding election day if the clerk notifies the secretary of state and provides notice of the date and time to each political party, including information on in-person observation of the process.
This act prohibits the results of absentee ballots prepared and processed under the act from being made known to any person and from being incorporated into the final vote count until after the polls close on election day.
This act provides a felony penalty for any person disclosing voting results in violation of the act.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.
While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
22LSO-0102
ORIGINAL House
ENGROSSED
Bill No
.
HB0052
ENROLLED ACT NO. 23,
HOUSE OF REPRESENTATIVES
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session
AN ACT relating to elections; authorizing the preparation and processing of absentee ballots before an election; providing rulemaking authority; providing a felony penalty; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 22
‑
8
‑
108(c), 22
‑
9
‑
125(b) and by creating a new subsection (d) and 22
‑
26
‑
101(a) by creating a new paragraph (xi) are amended to read:
22
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8
‑
108.
Appointment, composition and authority of counting boards; when judges to count.
(c)
The counting board in a paper ballot polling place has no authority to act until polls are declared closed
as provided in W.S. 22
‑
13
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117, except as provided in W.S. 22
‑
9
‑
125(d)
. A counting board in an electronic voting system counting center may commence preparing absentee ballots for counting at any time on
the day of the
election
day, or before election day as provided in W.S. 22
‑
9
‑
125(d)
.
22
‑
9
‑
125.
Alternate procedures for collecting and counting absentee ballots.
(b)
In the case of electronic voting systems using either alternate procedure provided in subsection (a) of this section, the ballots may be tabulated automatically
on election day
and the ballot counts shall be entered at the designated counting center at the time the polls close on election day.
(d)
Notwithstanding subsection (b) of this section and any other mandatory procedures for counting absentee ballots under this chapter, the county clerk may choose to prepare and process absentee ballots the Thursday or Friday immediately preceding election day, provided:
(i)
Any county clerk electing to use this method of preparing and processing absentee ballots shall first notify the secretary of state;
(ii)
The county clerk shall notify each political party of the date, time and place that absentee ballot preparation and processing will occur. The notice shall include information on in
‑
person observation of the process, including any procedures regarding the observation;
(iii)
No candidate or candidate's committee chairperson or treasurer shall be allowed to observe the preparation and processing of absentee ballots under paragraph (ii) of this subsection;
(iv)
No results of absentee ballots prepared and processed under this subsection shall be made known, printed, released or provided to any person and the results shall not be incorporated into the final vote count in any manner until after the polls close on election day;
(v)
No person observing the preparation and processing or performing the preparation and processing of absentee ballots under paragraph (ii) of this subsection shall be allowed to have in their possession any personal electronic device, except a device for medical necessity, within ten (10) feet of the area where the preparation and
processing is occurring at any time while preparation and processing is occurring;
(vi)
The secretary of state shall adopt rules for the preparing and processing of absentee ballots under this subsection.
22
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26
‑
101.
Felony offenses generally.
(a)
The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:
(xi)
Violating W.S. 22
‑
9
‑
125(d)(iv).
Section 2
.
This act is effective July 1, 2022
.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
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