House Labor Committee approves bill addressing ballot form confusion

Feb. 16—CHEYENNE — The House Labor, Health and Social Services Committee voted Wednesday morning to push forward a bill designed to address absentee ballot request form confusion.

Senate File 131 would prohibit a person, except for a county clerk and the secretary of state, from distributing an absentee ballot request form "which claims to be an official election document." The form could be sent by mail, email or other means to any qualified elector, as defined in Wyoming statute.

However, there was an amendment adopted at the end of the meeting adding on a "designee" of one of the two offices as a person who could distribute the form.

Bill sponsor Sen. Lynn Hutchings, R-Cheyenne, told committee members it wasn't a complicated bill, but it was important — especially in the wake of election security concerns.

She explained that there was a mailer sent out during the campaign season this summer, and residents believed it to be a proper ballot request form. They mailed them to their local county clerks, and Hutchings said they have no idea if those residents went out to vote or if they're still waiting for their absentee ballot.

"Thank God the clerks saw the discrepancy and they just tossed them out," she said. "But that's time, and that's energy, and that's effort. It's also sad that there were some people that actually thought this was a real form and sent them in."

The bill was supported by the Secretary of State's Office, but Secretary of State Chuck Gray hoped there would be an amendment. This would specify that only a county clerk or the secretary of state shall distribute the absentee ballot request form "unless that qualified elector specifically solicited an absentee ballot form."

Gray said his office viewed the bill as a way to address faith and confidence in the state's elections, as well as the issue in the last few election cycles where unsolicited absentee ballot request forms have been sent out.

It was supported by Hutchings, who said while she wanted everyone that's of "legal age and sound mind to be able to vote," if the voter doesn't request a form, then no one should bring it to them.

"It should be my choice to get it," she said.

The amendment was voted down, and its change was not welcomed by everyone. Equality State Policy Center Executive Director Jenn Lowe said her nonprofit advocacy group had no position on the bill without the amendment, because it only prohibits individuals from sending absentee ballot request forms that look like official mail.

But she said the amendment would prevent organizations such as hers from educating voters on what options are available for them to participate in elections. She said it would limit their ability to give them an absentee ballot request form, not the ballot, if they're interested.

"We want people to vote and if folks know that there's an option, then they may be more encouraged to vote by absentee ballot," she said.

SF 131 will now head to the House floor for consideration on general file.

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.