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HB0211 • 2023

Ballot harvesting.

AN ACT relating to elections; specifying the return of ballots to the county clerk; amending a related definition; and providing for an effective date.

Children Crime Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Olsen
Last action
2023-02-06
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

Checked against official source text during the last sync.

Ballot Harvesting Rules

The bill changes how ballots can be returned and limits who can return them for others.

What This Bill Does

  • Changes the definition of 'immediate family' to exclude non-blood relatives living in the same household.
  • Requires that a voter notify the county clerk if someone else is returning their ballot.
  • Limits designated persons to delivering no more than two absentee ballots per election, except for immediate family members.

Who It Names or Affects

  • Voters who use absentee ballots
  • People who return absentee ballots on behalf of others

Terms To Know

Immediate Family
Includes only a spouse, parent, sibling, child or other blood relative living in the same household.
Designated Person
A person chosen by a voter to return their absentee ballot on their behalf.

Limits and Unknowns

  • The bill did not pass and was not considered for further action.
  • It does not specify how the notification requirement in subsection (b) will be implemented.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0211HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Filed

Plain English: The amendment adds a definition of 'ballot harvesting' and makes it a felony offense punishable by up to five years in prison or a fine of up to $10,000.

  • Adds a new paragraph (liv) to W.S. 22-1-102(a), defining 'ballot harvesting'.
  • Inserts a new subsection (b) into W.S. 22-26-101, making ballot harvesting a felony offense.
  • Specifies that the county sheriff must investigate and refer ballot harvesting offenses to the district attorney for prosecution.
  • The amendment text does not specify all details of how investigations or prosecutions will be carried out beyond what is explicitly stated.

Bill History

  1. 2023-02-06 House

    H COW:H Did not consider for COW

  2. 2023-02-02 House

    H Placed on General File

  3. 2023-02-02 House

    H07 - Corporations:Recommend Amend and Do Pass 8-1-0-0-0

  4. 2023-01-25 House

    H Introduced and Referred to H07 - Corporations

  5. 2023-01-24 House

    H Received for Introduction

  6. 2023-01-21 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
23LSO-0438
2023
STATE OF WYOMING
23LSO-0438
Numbered
2.0

HOUSE BILL NO. HB0211

Ballot harvesting.

Sponsored by: Representative(s) Olsen, Harshman, Ottman, Wylie and Yin and Senator(s) Barlow, Boner, Hutchings and Nethercott

A BILL

for

AN ACT relating to elections; specifying the return of ballots to the county clerk; amending a related definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 22
‑
1
‑
102(a)(xxxvii) and 22
‑
9
‑
113 are amended to read:

22
‑
1
‑
102.

Definitions.

(a)

The definitions contained in this chapter apply to words and phrases used in this Election Code and govern the construction of those words and phrases unless they are specifically modified by the context in which they appear. As used in this Election Code:

(xxxvii)

"Immediate family" means a spouse, parent, sibling, child or other
person
blood relative
living in the individual's household;

22
‑
9
‑
113.

Completing and return of ballot; prohibition of collecting ballots; penalty.

(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
by the qualified elector or a designated person, subject to the requirements in subsections (b) and (c) of this section, using one (1) of the following methods:

(i)

Mail;

(ii)

Hand delivery to the county clerk's office; or

(iii)

Deposit into a ballot drop box provided by the county clerk
.

(b)

A qualified elector who has designated another person to return the elector's marked and sealed ballot on the elector's behalf shall notify the county clerk of the designee using a form prescribed by the secretary of state.

(c)

Designated persons returning absentee ballots to the county clerk on behalf of a qualified elector shall deliver not more than two (2) absentee ballots for any primary, general or special election. The restriction in this subsection shall not apply to designated persons delivering the absentee ballots of immediate family members
.

Section 2
.

This act is effective July 1, 2023
.

(END)

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HB0211