Gray pushing for statewide ban on ballot drop boxes

CHEYENNE — Secretary of State Chuck Gray announced Thursday morning he is working closely with Wyoming lawmakers to promote his election integrity proposals in the upcoming 2025 general session, which include a statewide ban on ballot drop boxes and requiring proof of citizenship.

During a press conference in the rotunda of the state Capitol, Gray laid out his priorities for the legislative session, at least one of which has been previously shot down by Gov. Mark Gordon.

These proposals include the following:

. Requiring proof of both U.S. citizenship and Wyoming residency at voter registration

. A statewide ban on ballot drop boxes and ballot harvesting

. Requiring “true” photo ID as voter ID

. A ban on Zuckerbucks and other third-party funding administration

. Improving voter list maintenance statutes

. Requiring hand verification of voting machines

With a Wyoming Freedom Caucus majority in the House of Representatives following the general election, Gray said he’s confident he will have “probably 35 votes at least” out of the 62 members in the lower chamber in support of his proposed legislation.

Rep. Chris Knapp, R-Gillette, the next chair of the House Corporations, Elections and Political Subdivisions Committee, and incoming freshmen Cheyenne Republican Reps.-elect Steve Johnson and Gary Brown were also present at the conference and spoke in support of Gray’s proposals.

“I know firsthand the work it takes to bring these bills to the finish line,” Gray said. “And we’re ready to help in carrying out this work, not just talking the talk, but walking the walk, and helping the Legislature and working with them on these pieces of legislation.”

Knapp, who is currently a sitting member of the Corporations Committee, said there were several issues discussed by committee members this past interim that addressed affordable housing and business fraud, but election integrity failed to be one of them.

“Abraham Lincoln once said elections belong to the people, and we have an obligation as elected officials,” Knapp said. “And I’m talking about the Legislature. I’m talking about the secretary of state, the governor, I’m talking about the many clerks we have across this great state of Wyoming — we all have a responsibility.”

Both Johnson and Brown recalled meeting with voters on the campaign trail who have lost confidence in Wyoming’s elections.

Brown, who is assigned to the House Corporations Committee in the new 68th Legislature, said some Cheyenne residents were too discouraged to cast their vote because of this issue.

“Many people told me, as I went door to door, that they weren’t going to vote anymore because they just didn’t believe in the process,” Brown said. “I said, ‘You know, we need your vote, because if we can get the people in there that will support what you want done, you can count on it.’”

Ban on ballot drop boxes

Wyoming law (W.S. 22-9113) requires all ballots to be “mailed or delivered to the clerk.” Earlier this summer, Gray sent a letter to all Wyoming county clerks calling for the removal of ballot drop boxes, which he found to be in violation of this statute.

“It’s actually a beautifully constructed section of the election code that all absentee ballots shall only be mailed or delivered to the clerk, and you can’t deliver something to an inanimate object,” Gray said Thursday.

Laramie County installed its ballot drop box outside the Laramie County Governmental Complex on Carey Avenue in 2020, and there are less than 10 ballot boxes used in counties across the state. Laramie County’s ballot drop box is equipped with a 24-hour camera system, locks and seals. If a seal is broken, it alerts the clerk that the box has been tampered with.

Laramie County Clerk Debra Lee previously told the Wyoming Tribune Eagle she had received a lot of correspondence from voters who were grateful for the ballot drop box.

“They could deliver their ballot securely, they could deliver it independently,” Lee said in a previous interview. “Some of them had health concerns, and they really were glad that they were able to get that ballot to us without having to come into the office.”

On Thursday, Gray said “the use of unstaffed and unattended ballot drop boxes” is not in the best interest of the state of Wyoming and lacks statutory authorization.

He added that two counties removed their ballot drop boxes in the 2024 election.

The use of ballot drop boxes is within the authority of the county clerk, not the secretary of state.

However, Gray said he is “requesting that the Legislature take immediate action to explicitly ban ballot drop boxes.”

“While our administration, working with counties, has reduced the number that used drop boxes in the 2024 election, I believe it is necessary to take action to completely ban them,” Gray said.

Knapp said there will be a bill coming to the 2025 general session that proposes a statewide ban on ballot boxes. Ballot drop boxes also relate to Gray’s concern with ballot harvesting, which is the process of collecting absentee or mail-in ballots and delivering them to the clerk.

“We’ve seen the problems nationwide of third parties harvesting ballots and how that can interact with ballot drop boxes, and that’s why we need to ban ballot harvesting,” Gray said.

Proof of residency

The secretary of state addressed a new voter registration rule that was proposed by his office earlier this year – and later vetoed by Gordon –- that would have required a registered voter’s residential address to match the address listed on their valid Wyoming driver’s license or state-issued ID card.

Currently, a person who registers to vote in Wyoming must provide a valid driver’s license. Those who do not have one have to provide the last four digits of their Social Security number and an additional acceptable ID.

In his veto message, Gordon agreed that only Wyoming residents should vote in Wyoming elections. However, he argued Gray’s proposed rule change exceeded his authority as secretary of state.

Gray said Thursday that he “took issue with this analysis” and firmly believes state statute “not only allows for providing proof of Wyoming residency, but actually requires verification” of state residency.

“In light of this troubling veto, I am seeking explicit rule making authority to ensure Wyomingites, and only Wyomingites, can vote in Wyoming elections,” Gray said.

One issue that’s previously been brought up in debates over proof of residency is how it could discourage some qualified voters such as college students and senior residents living in nursing homes from participating in elections.

However, Gray promised his office would work to ensure eligible voters would continue to be able to cast their vote in elections.

“That’s pivotal to me, and we have to make sure we achieve that balance,” Gray said.

The 2025 general session will begin on Jan. 14.

This story was published on December 20, 2024.