Wyoming committee advances bill banning unsolicited absentee ballot request mailings

Senate File 78, a bill that would bar distribution of unsolicited absentee ballot request forms, cleared the Wyoming Senate Corporations, Elections & Political Subdivisions Committee after testimony from election officials, the secretary of state's office and civic groups.

The bill, introduced by Senator Hutchings, would make it unlawful for “any person except the county clerk, secretary of state, or their designee” to distribute an absentee ballot request form to a qualified elector unless that elector “specifically solicits” the request form. Senator Hutchings told the committee the measure responds to mass mailings that resembled official forms and led some voters to attempt to return those mailings.

Committee members heard from Mary Langford, who said she represents the county clerks of Wyoming, and Joe Rubino, policy director and counsel for the Secretary of State's office. Langford told the committee the clerks support the bill and stressed the bill limits distribution to the secretary of state or county clerks so clerks can manage absentee requests centrally. Rubino described the secretary of state's broad support and answered committee questions about existing penalties under the election code.

Marguerite Herman of the League of Women Voters asked how the bill would treat links to the secretary of state's fillable request form and whether providing a hyperlink could be construed as distribution. Chairman Kermit Case and Senator Hutchings said the bill's text addresses physical and electronic documents that are presented to electors, and they emphasized the bill includes an exception when an elector requests a form.

Committee members discussed drafting changes to the bill’s catch title (to specify “absentee ballot request forms”) and debated enforcement. Rubino and Langford noted that willful violations of the election code can be misdemeanors under cited statutes; Rubino referenced Wyoming election-code provisions discussed in committee as the source for penalties.

After debate and a brief motion to adjust the bill title, the committee held a roll-call vote on Senate File 78. The roll call recorded affirmative votes during the committee meeting and the chair declared the motion carried. The bill will proceed from the committee for further consideration.

Votes at committee: the committee voted to advance Senate File 78 by roll call; recorded aye votes included Senator Dockstader, Senator Landon, Senator Steinmetz and Chairman Case. The committee also moved to change the catch title to read “Distribution of unsolicited absentee ballot request forms.”