Appropriations Committee advances bill allowing residential-care employees to deliver absentee ballots with affidavit

The House Appropriations Committee voted to advance House Bill 238 with amendments that would allow employees of residential care facilities to deliver absentee ballots on behalf of residents who have authorized them, provided the employee submits an affidavit on a form prescribed by the Secretary of State.

The amendment, presented by Wyoming Secretary of State Chuck Gray and developed in consultation with county clerks, creates a new subsection (C) that authorizes residential-care employees — including nursing home, assisted living and similar facility staff — to return completed absentee ballots only if the employee files a sworn affidavit stating they were authorized by the elector. The committee adopted the amendment by voice vote and later voted 6-1 to send the bill to the floor with the committee amendment attached; Representative Sherwood cast the lone no vote.

Supporters said the change addresses access problems for qualified electors living in long-term care who lack immediate family or other trusted household members to return ballots. Mary Langford, representing the County Clerks of the State of Wyoming, told the committee clerks and the Secretary of State had worked together on the amendment and that it “really focuses in on the nursing home long term care facilities,” noting some residents have no family nearby and may rely on trusted friends or staff to ensure their ballots are returned.

Secretary Gray described the amendment as a narrowly tailored carve-out. “The changes to subsection C detail the process whereby an employee of a residential care facility ... may deliver an absentee ballot,” he said, adding the change was modeled in part on an Indiana affidavit process. Gray urged limiting the carve-out to facility employees and noted the committee discussed, but rejected, placing a cap on the number of ballots an employee could deliver.

Public commenters included Jeff Daugherty of Foundation for Government Accountability Action, who said the bill helps “restore chain of custody and confidence,” and Gail Simmons of Civics 307 and Y Vote, who supported the amendment but urged aligning penalties with other election-code violations. Simmons described two felony provisions in the draft as “draconian” and recommended treating many violations as high misdemeanors unless combined with other election offenses.

County Clerk K. Friese told the committee she has worked in elections for decades and has not experienced a pattern of missing ballots; she said Wyoming voters must request absentee ballots and are instructed that returning the absentee ballot is the voter’s responsibility. Friese also noted a pending federal proposal, H.R. 5658, that would require tracking of absentee ballots through the mail if adopted.

Representative Harrelson and other lawmakers discussed whether employee delivery should be strictly a last resort (to be used only if immediate family cannot act). Gray said the idea of requiring electors to “exhaust all other options” had appeared in an earlier draft but raised practical questions about verification and whether the affidavit would need to certify that other options had been exhausted.

The committee first adopted the clerks’ and Secretary of State’s amendment on a voice vote. Later, after discussion and additional public comment, the committee recorded a roll-call vote on the bill as amended: Representatives Aleman, Angelos, Haroldson, Pendergraft, Smith and Chairman Bair voted yes; Representative Sherwood voted no. The committee chair told Representative Johnson he would be expected to carry the bill on the floor with the committee amendment.

The bill’s amended language limits the non-family delivery option to employees of residential care facilities and requires an affidavit at time of delivery; it does not include a numerical cap on ballots an employee may deliver. Further statutory details — including the exact affidavit form and any enforcement procedures — would be set through the Secretary of State’s prescribed form and rulemaking processes if the bill advances.

Votes at a glance: House Bill 238, do pass with amendments — committee roll call 6–1 (Aleman Aye; Angelos Aye; Haroldson Aye; Pendergraft Aye; Sherwood No; Smith Aye; Bair Aye).