Committee approves ban on unsolicited absentee ballot request forms

The House Corporations, Elections & Political Subdivisions Committee voted 8-1 to approve Senate File 78, a bill that would prohibit the unsolicited distribution of absentee ballot request forms and limits distribution to county clerks, the Wyoming secretary of state or their designees unless a qualified elector specifically requests the form.

Supporters said the bill aims to protect the chain of custody for absentee voting and reduce voter confusion. Wyoming Secretary of State Chuck Gray told the committee the measure would respond to a 2022 mass mailing that used official-sounding language and prompted complaints. "Liz Cheney's behavior and the campaign's behavior was predatory and really outrageously wrong," Gray said, arguing that the mailer damaged confidence in elections and that voters should request absentee forms directly from officials.

The bill language bans anyone other than a county clerk, the secretary of state or their designee from distributing an absentee ballot request form to a qualified elector unless the elector specifically solicits the form. Several committee members asked for clearer wording about the "unless" carve-out and said they would consider a friendly amendment to clarify how an elector must request a form.

County clerks who testified said the proposal would reduce confusion for voters and that statutory cross-references already make clear that absentee ballots are requested from the county clerk. Mary Langford, representing Wyoming county clerks, told the committee that the broader statutory section (cited in testimony as 22-9-104) explains the request process and the amendment sought by clerks would ensure application forms are clearly identified as county or secretary of state forms.

Opponents told the committee the bill could make it harder for some voters to access absentee ballot applications. Antonio Serrano, advocacy director for the ACLU of Wyoming, said the organization opposed the bill and argued that limiting volunteers or civic groups from distributing applications could reduce access for homebound or otherwise vulnerable voters. "Senate File 78 will discourage volunteers from organizations participating in get-out-the-vote activities," Serrano said.

After public testimony, Representative Weber moved the bill and Representative Lucas seconded. The roll call showed Representatives Brown, Locke, Heft, Johnson, Lucas, Webb, Weber and Chairman Knapp voting aye; Representative Yin submitted an absentee vote of no. The committee recorded 8 ayes and 1 no and reported Senate File 78 as passed out of committee.

The committee did not adopt any substantive amendments on the floor of the meeting. The bill is now scheduled for further action by the full Legislature.