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HB0238 • 2025

Ballot harvesting prohibition.

AN ACT relating to elections; prohibiting a person from delivering ballots of other electors to the county clerk; providing exceptions; specifying that ballots shall not be tabulated as specified; providing a penalty; and providing for an effective date.

Crime Elections Labor
Did Not Pass

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

Sponsor
Representative Johnson
Last action
2025-02-28
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The official source material confirms the candidate explanation's content but notes that the bill did not pass, which affects its applicability.

Ban on Ballot Delivery by Others

The bill prohibits anyone except the voter or their immediate family from delivering another person's ballot to the county clerk, with exceptions for employees of residential care facilities. It also sets penalties and specifies that improperly delivered ballots will not be counted.

What This Bill Does

  • Prohibits a person other than the voter or an immediate family member from delivering someone else’s ballot to the county clerk.
  • Allows employees of residential care facilities to deliver absentee ballots for residents, provided they file an affidavit with the county clerk.
  • Specifies that if a ballot is delivered improperly, it will not be counted in the election results.
  • Requires the county clerk to notify voters whose ballots were not counted due to improper delivery and allows them to cast a substitute ballot within seven days after notification.
  • Makes violating this rule a felony offense punishable by up to five years in prison or a fine of up to $10,000.

Who It Names or Affects

  • Voters who rely on others to deliver their ballots
  • Employees of residential care facilities delivering ballots for residents
  • County clerks responsible for ballot processing and notification

Terms To Know

Felony offense
A serious crime that can result in a prison sentence or large fine.
Affidavit
A written statement sworn under oath, used to prove something is true.

Limits and Unknowns

  • The bill did not pass and was not enacted into law.
  • It does not specify what happens if a substitute ballot cannot be cast within seven days of notification.

Amendments

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

HB0238H2001

2nd reading • Representative Provenza

Failed

Plain English: The amendment adds a new section to the bill that prevents county clerks from counting ballots received after polls close, requires notice to voters whose ballots are not counted due to this rule, and allows them seven days to cast a substitute ballot.

  • Adds a new section (22-9-119) stating absentee ballots received after the polls close will be rejected.
  • Requires county clerks to notify voters if their ballot is not tabulated due to being late, and allows them seven days to cast another ballot.
  • The amendment text does not specify all details about how notifications should be made or what happens if the deadline for casting a substitute ballot falls after election day.
HB0238H3001

3rd reading • Representative Storer

Failed

Plain English: The amendment adds a new section to the bill that prohibits absentee ballots from being counted if they are received after polls close, unless otherwise specified in another statute.

  • Adds a new section (22-9-119) stating that absentee ballots received by the clerk after polls close will not be voted and must be marked as 'Rejected-received after the polls closed'.
  • Specifies that these rejected late absentee ballots should be kept for at least two years or longer if required by federal law, then destroyed.
  • The amendment text does not fully explain how the new section interacts with existing statutes and may require further clarification.
  • It is unclear what specific exceptions might apply under W.S. 22-9-113 for late absentee ballots.
HB0238H3002

3rd reading • Representative Knapp

Adopted

Plain English: The amendment changes how a voter is informed if their ballot was improperly delivered and not counted.

  • Adds new language to inform voters when their ballots are not counted due to improper delivery.
  • The exact process of how the notice will be provided to voters is not detailed in this amendment text.
HB0238HS001

Standing Committee • House Appropriations Committee

Adopted

Plain English: The amendment changes the bill to allow employees of residential care facilities to deliver absentee ballots for residents under specific conditions and adds new requirements for these deliveries.

  • Adds an exception allowing employees of residential care facilities to deliver absentee ballots on behalf of qualified electors residing in those facilities.
  • Requires these employees to file affidavits with the county clerk attesting that they are authorized to deliver the ballots under penalty of perjury.
  • Specifies that the county clerk must transmit all related affidavits to the secretary of state within 30 days after each election.
  • The amendment text does not specify what happens if an employee fails to file the required affidavit or provides false information in it.
HB0238SS001

Standing Committee • Senate Corporations, Elections & Political Subdivi

Filed

Plain English: The amendment to HB0238 adds an exception that allows caregivers to deliver ballots for qualified electors, and changes 'may' to 'shall' in another part of the bill.

  • Adds a new condition allowing a person who is a caregiver of a qualified elector to deliver their ballot.
  • Changes the word 'may' to 'shall' at another location in the bill.
  • The exact impact and context of changing 'may' to 'shall' are not fully explained in the amendment text provided.

Bill History

  1. 2025-02-28 Senate

    S COW:S Did not consider for COW

  2. 2025-02-20 Senate

    S Placed on General File

  3. 2025-02-20 Senate

    S07 - Corporations:Recommend Amend and Do Pass 4-1-0-0-0

  4. 2025-02-10 Senate

    S Introduced and Referred to S07 - Corporations

  5. 2025-02-05 Senate

    S Received for Introduction

  6. 2025-02-05 House

    H 3rd Reading:Passed 52-8-2-0-0

  7. 2025-02-04 House

    H 2nd Reading:Passed

  8. 2025-02-03 House

    H COW:Passed

  9. 2025-01-29 House

    H Placed on General File

  10. 2025-01-29 House

    H02 - Appropriations:Recommend Amend and Do Pass 6-1-0-0-0

  11. 2025-01-27 House

    H Introduced and Referred to H02 - Appropriations

  12. 2025-01-20 House

    H Received for Introduction

  13. 2025-01-17 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
25LSO-0651
2025
STATE OF WYOMING
25LSO-0651
ENGROSSED
3.0

HOUSE BILL NO. HB0238

Ballot harvesting prohibition.

Sponsored by: Representative(s) Johnson, Davis, Guggenmos, Haroldson, Knapp, Lucas, Pendergraft, Smith, S, Wasserburger and Webb and Senator(s) Hutchings, Ide, McKeown, Pearson and Steinmetz

A BILL

for

AN ACT relating to elections; prohibiting a person from delivering ballots of other electors to the county clerk; providing exceptions; specifying that ballots shall not be tabulated as specified; providing a penalty; and providing for an effective date.

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

Section 1.

W.S. 22
‑
9
‑
113 and 22
‑
26
‑
101(a) by creating a new paragraph (xii) are amended to read:

22
‑
9
‑
113.

Completing and return of ballot; ballot harvesting prohibited.

(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 clerk
subject to subsections (b) and (c) of this section
.

(b)

No person shall deliver a ballot to the clerk unless the person is the qualified elector who is casting the ballot, the person is immediate family of the qualified elector or the person is an employee of a residential care facility authorized to deliver a ballot under subsection (c) of this section. This subsection shall not apply to ballots that are mailed to the clerk.

(c)

An employee of a residential care facility, including nursing homes, assisted living facilities, adult family homes and community
‑
based residential facilities may deliver an absentee ballot on behalf of a qualified elector residing in that facility as provided in this subsection. For each absentee ballot delivered on behalf of a qualified elector under this subsection, the employee shall concurrently file an affidavit with the county clerk on a form prescribed by the secretary of state attesting under penalty of perjury that, among other requirements specified by the secretary of state, the employee is authorized to deliver the ballot on behalf of the qualified elector under this subsection. Not later than thirty (30) days following each election, the county clerk shall transmit all affidavits received under this subsection pertaining to that election to the secretary of state.

(d)

If a county clerk, county canvassing board member or other election official becomes aware of a violation of subsections (b) and (c) of this section before ballot tabulation, any ballot that is delivered in violation of subsections (b) and (c) of this section shall not be tabulated. If a ballot is improperly delivered to the county clerk in violation of this section, the county clerk may provide notice to the qualified elector that the qualified elector's ballot has not been tabulated.

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:

(xii)

Violating W.S. 22
‑
9
‑
113(b).

Section 2
.

This act is effective July 1, 2025
.

(END)

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HB0238