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26LSO-0042
2026
STATE OF WYOMING
26LSO-0042
Numbered
2.0
HOUSE BILL NO. HB0050
Ballot harvesting-prohibition.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
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
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9
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113 and 22
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26
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101(a) by creating a new paragraph (xii) are amended to read:
22
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9
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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 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 or a bona fide caregiver may deliver absentee ballots on behalf of not more than five (5) qualified electors per election 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 copies of 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 subsection (b) or (c) of this section before ballot tabulation, any ballot that is delivered in violation of subsection (b) or (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 shall attempt to provide notice to the qualified elector that the qualified elector's ballot has not been tabulated.
22
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26
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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
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9
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113(b).
Section 2
.
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)
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HB0050