Catch Title: Ballot harvesting-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/HB0050

Overview: This bill prohibits third-party delivery of absentee ballots (“ballot harvesting”) to the county clerk, establishing strict limitations on who may return a ballot on behalf of an elector . While providing exceptions for immediate family and residential care facility employees/caregivers, the bill mandates that ballots delivered in violation of these rules shall not be tabulated . Knowingly violating the delivery restrictions is classified as a felony offense .

Key Provisions:

• Delivery Restrictions: Restricts the in-person delivery of ballots to the elector casting the ballot, their immediate family, or an authorized residential care facility employee/caregiver .
• Volume Limits for Facilities: Employees or bona fide caregivers of residential care facilities (including nursing homes and assisted living) may deliver ballots for no more than five qualified electors per election .
• Affidavit Requirement: Residential care facility employees must concurrently file a state-prescribed affidavit under penalty of perjury attesting to their authorization .
• Data Collection: County clerks must transmit copies of all delivery affidavits to the Secretary of State within 30 days following an election .
• Non-Tabulation Mandate: If an election official becomes aware of a delivery violation before tabulation, the affected ballot shall not be counted .
• Felony Penalty: Violating the delivery restrictions (W.S. 22-9-113(b)) is established as a felony punishable by up to five years in prison, a $10,000 fine, or both .
• Mailing Exception: These delivery restrictions do not apply to ballots returned to the clerk via mail .

Implications:

• [Ambiguous: Definition of “Immediate Family”] Wyoming statutes (W.S. 3-2-201, 7-13-701, and 18-5-303) contain inconsistent definitions of “immediate family,” creating legal uncertainty regarding who is authorized to deliver ballots without a felony risk.
• [Ambiguous: “Bona fide caregiver”] This term is undefined in the bill and listed separately from residential care employees, leaving its scope unclear for private home-health or non-professional caregivers.
• Significant Penalty Severity: The classification of a delivery violation as a felony (5 years/$10,000) is noted by stakeholders as disproportionately severe compared to other Wyoming election law violations .
• Inconsistent Enforcement Requirements: While residential care employees must file an affidavit to verify authorization, the bill requires no such documentation for family members or bona fide caregivers, leading to inconsistent verification standards .
• Voter Disenfranchisement Risk: The bill requires clerks to “attempt” to notify voters if their ballot is not tabulated, but there is no statutory “cure” process provided if a ballot is rejected due to a delivery error .
• Administrative Purpose of Data: The 30-day post-election affidavit transmission requirement is intended solely for data collection and does not impact the official canvassing or certification of the election results .