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22LSO-0422
2022
STATE OF WYOMING
22LSO-0422
Numbered
2.0
SENATE FILE NO. SF0096
Collection of election ballots-prohibition.
Sponsored by: Senator(s) Biteman, Bouchard, Dockstader, French, Kinskey, McKeown and Salazar and Representative(s) Haroldson, Jennings, Laursen and Neiman
A BILL
for
AN ACT relating to elections; prohibiting the collection, solicitation for collection and submission of absentee ballots as specified; specifying penalties; making conforming amendments; requiring rulemaking; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 22
‑
9
‑
112(b), 22
‑
9
‑
113, 22
‑
26
‑
101(a) by creating a new paragraph (xi) and 22
‑
26
‑
121(e) are amended to read:
22
‑
9
‑
112.
Instructions on outer envelope.
(b)
For all electors, as specified in W.S. 22
‑
9
‑
105, the following shall be printed on the reverse side of the outer envelope in red ink:
INSTRUCTIONS
This is your absentee ballot.
To vote, mark the ballot in secret, then sign the affidavit on the back of the inner ballot envelope and mail or
hand
deliver the inner ballot envelope to the county clerk.
22
‑
9
‑
113.
Completing and return of ballot.
(a)
Upon receipt, a qualified elector shall mark the ballot and sign the affidavit. The ballot shall then be sealed in the inner ballot envelope and
mailed or
delivered to the
county
clerk
using one (1) of the following methods:
(i)
Mail; or
(ii)
Hand delivered to the location of the county clerk's office
.
(b)
No person or group shall solicit, gather or submit completed absentee ballots from any qualified elector unless a communication is initiated by a qualified elector to do so and the ballot is accompanied by written authorization signed by the voter on a form prescribed by the secretary of state.
22
‑
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)
Any violation of W.S. 22
‑
9
‑
113(b).
22
‑
26
‑
121.
Violations of election code; complaints; investigations and prosecutions.
(e)
A complaint of a violation of W.S. 22
‑
26
‑
102
,
or
22
‑
26
‑
106
or 22
‑
9
‑
113(b)
shall be filed with the county clerk for the county in which the elector resides and be investigated by the county sheriff as provided in those sections. If the county clerk or other appropriate official specified in W.S. 22
‑
26
‑
102(e) or 22
‑
26
‑
106(e) fails or refuses for any reason to take action on the elector's complaint, the elector may file a complaint with the Wyoming attorney general.
Section 2
.
The secretary of state shall promulgate all rules necessary to implement this act.
Section 3
.
This act is 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)
1
SF0096