Catch Title: Ballot drop boxes-prohibition
Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee
Effective Date: Effective immediately upon completion of all acts necessary for a bill to become law
Bill: https://www.wyoleg.gov/Legislation/2026/HB0049
Overview This bill prohibits the establishment and use of drop boxes for the collection of absentee ballots in Wyoming . It mandates that all absentee ballots be returned to the county clerk exclusively via mail or direct hand delivery . The legislation defines “drop box” broadly to include multi-purpose receptacles and classifies any ballot delivered via such a device as “spoiled,” triggering a discretionary notification and replacement process .
Key Provisions
- Mandatory Return Methods: Absentee ballots must be returned to the county clerk either through the mail or by hand delivery .
- Prohibition on Drop Box Use: No county clerk, election official, or public employee is permitted to establish or use a drop box for collecting absentee ballots .
- Voter Restrictions: Individuals are prohibited from delivering an absentee ballot through any drop box .
- Expansive Drop Box Definition: A “drop box” is defined as any receptacle designed for the receipt of absentee ballots or any other documents (such as filings or payments) that would allow ballot delivery in a manner other than mail or hand delivery .
- Spoiled Ballot Classification: Any ballot improperly delivered via a drop box in violation of this section is considered spoiled .
- Discretionary Notice: The clerk is authorized, but not required, to provide notice to a voter whose ballot has been spoiled due to improper delivery .
Implications
- Clerk Notification Discretion: The use of the term “may” regarding the spoiled ballot provision leaves the decision to notify voters to the clerk’s discretion, providing flexibility in cases of extreme time constraints or difficulty in contacting the elector.
- Closing Potential Loopholes: The broad definition of “drop box” is intended by the drafters to close potential loopholes by including receptacles not currently or intended to be used for ballots, ensuring that only mail and hand delivery are utilized.
- Clarified Hand Delivery Standards: A secure indoor receptacle located within a county clerk’s office and monitored by staff is considered an acceptable method of hand delivery and is not prohibited under the definition of a “drop box.”
- Ballot Curing and Replacement: When a ballot is deemed spoiled because it was left in a drop box, the standard procedure is for the voter to be provided with a replacement ballot to submit correctly.
- Fiscal and Staffing Impact: There is no significant fiscal impact expected from this prohibition, and current staffing levels are anticipated to handle the volume of hand-delivered ballots.
- Voter Education Necessity: Clear communication will be required to ensure voters understand that the use of any external receptacle—even those used for other county payments—will invalidate their ballot.