KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

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 candidate explanation included details about the effective date and specific penalties that were not supported by the official source material since the bill did not pass.

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.

What This Bill Does

  • Prohibits a person from delivering ballots of other electors to the county clerk unless they are immediate family members or authorized employees of residential care facilities.
  • Specifies that ballots delivered in violation of this rule will not be counted.
  • Requires employees of residential care facilities who deliver ballots on behalf of residents to file an affidavit with the county clerk.
  • Provides a penalty for violating the ballot delivery rules, including imprisonment and fines.

Who It Names or Affects

  • Voters
  • County clerks
  • Employees of residential care facilities

Terms To Know

Felony offense
A serious crime that can result in imprisonment or a fine.
Affidavit
A written statement sworn to be true, often used as evidence in legal proceedings.

Limits and Unknowns

  • The bill did not pass and was not enacted.
  • It does not specify the exact penalties for violations beyond stating they are felonies punishable by imprisonment or fines.
  • The effective date of July 1, 2025, is mentioned but will not be implemented as the bill did not pass.

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 prevents absentee ballots from being counted if they are received after polls close, unless otherwise allowed by another specific statute.

  • Adds a new section (22-9-119) stating that absentee ballots received after polls close will not be voted and must be marked as 'Rejected-received after the polls closed'.
  • Specifies that these rejected late ballots should be kept for at least two years or longer if required by federal law, then destroyed.
  • The amendment's 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 that would allow late absentee ballots to be counted.
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)

1
HB0238