The legality of ballot drop boxes in Wyoming took center stage during a discussion in the House Corporations, Elections and Political Subdivisions Committee on Wednesday afternoon, with Secretary of State Chuck Gray and County Clerks’ Association of Wyoming President Malcom Ervin getting in an animated exchange.
The committee was considering House Bill 131, legislation that would ban the use of ballot drop boxes in Wyoming. The bill advanced on an 8-1 vote with only state Rep. Mike Yin, D-Jackson, voting against it.
Was The Law Broken?
Wyoming law is somewhat vague on the matter of drop boxes, simply saying ballots must be delivered to a county clerk. The boxes became an elevated issue in Wyoming after the 2020 election, after allegations of drop box fraud were levied nationwide.
During his testimony before the committee Wednesday, Gray made it clear he doesn’t believe drop boxes are allowed under Wyoming law, which he has consistently maintained.
Yin then asked Gray if he was accusing Wyoming county clerks who allow drop boxes of breaking the law. During the 2024 election, seven counties offered ballot drop boxes. In 2022, nine counties provided them.
It’s the clerks’ interpretation that each county can decide if it wants to offer the boxes. Gray argues that flies in the face of having a uniform election code statewide overseen by him and other secretaries of state.
“If that is the case, and you think they diluted your power, if that’s the case, why didn’t you file suit against them?” Yin questioned.
Gray responded that the issue isn’t about diluting his power, but following the law.
“It’s not about me, it’s not about power or anything, it’s about following the law,” he said. “I’ve been very clear I do not believe they’re authorized by the law.”
In earlier testimony, Gray brought up his successful 2022 campaign, during which he made banning drop boxes one of his key promises.
When Yin asked Gray again if the county clerks broke the law by allowing the use of drop boxes, Gray once again responded he doesn’t think the boxes are lawful.
When reached by Cowboy State Daily after the meeting, Ervin reiterated that he believes Gray accused the clerks of wrongdoing.
“He accused the clerks of breaking the law,” Ervin said. “He did not give a truthful representation about drop boxes.”
Gray told Cowboy State Daily he found Ervin’s characterization of his comments “disappointing.”
‘Gaslighting’
Gray told the committee that instead of “gaslighting” on the issue of drop boxes, he said lawmakers have a duty to hear constituents’ concerns on the issue of drop boxes.
A number of clerks testified that most of their constituents support use of the boxes, citing turnout numbers showing that hundreds, and even thousands, of people used them in the most recent elections.
Ervin described Gray’s comments as “unfortunate” and said Gray is the one who’s gaslighting.
“It’s ironic that the word gaslighting was used by the secretary, because that’s exactly what he’s trying to do to you here,” Ervin told the committee.
During the COVID-19 pandemic, former Secretary of State Ed Buchanan issued a directive stating how drop boxes could be used in Wyoming elections, the first time any security requirement was put on their use. Ballot drop boxes have been used in Wyoming long before then, since at least the 1990s, Ervin said.
“It’s unfortunate that the secretary would allude or insinuate that somehow these counties have violated the law or their oath,” Ervin said. “That’s a serious insinuation.”
Gray later referred to Ervin’s remarks as “unfortunate” and said he didn’t insinuate anything about a violation of the clerk’s oath of office. He clarified that he had been referring to his own oath of office and his decision to not offer guidance on drop boxes.
“That authorizes the drop box if I issue guidance,” Gray said. “I was not going to do that.”
He also criticized Wyoming Attorney General Bridget Hill for not taking a stance against drop boxes, which he told Cowboy State Daily he has encouraged her to pursue. Hill serves at the pleasure of Gov. Mark Gordon, who in 2022 said he would support county clerks making their own decisions on whether to offer the boxes to voters.
“It’s been challenging to remove them,” Gray said.
Gray also argued that Buchanan’s directive officially authorized use of drop boxes, which he then rescinded.
Last summer, Gray issued a directive stating that drop boxes are not legal in Wyoming. The county clerks responded the same day, saying they believe they are legal and can be used as a county sees fit.
What Does The Bill Do?
HB 131, sponsored by Rep. Chris Knapp, R-Gillette, would explicitly ban the use of drop boxes in Wyoming elections.
The handful of clerks who testified on Wednesday promoted the benefits of the boxes, which allow the depositing of a ballot at any day or time during the 28-day window before an election.
They also mentioned the security features they’ve employed for their drop boxes, which includes 24/7 video surveillance, motion sensors and the ability to remotely communicate with people loitering around the boxes.
This did little to dissuade the committee’s concerns about the boxes, with Rep. Steve Johnson, R-Cheyenne, even suggesting the clerks should staff courthouses 24/7 during election season to accept ballots as a solution.
Gray hosted free showings of the “2000 Mules” movie during his 2022 campaign, which made false allegations about the boxes being used for ballot harvesting and fraud.
Real problems did occur with the boxes, however, during the 2024 election, with boxes burned in Washington and Oregon. Gray expressed grave concern about the ballots in those boxes never being counted.
An amendment was also added to the bill on a 6-3 vote stating that all ballots mailed in for Wyoming elections must be sent through the U.S. Postal Service.
Knapp, who also indicated he would support banning mail-in voting altogether, said this change would ensure a secure chain of custody over Wyoming ballots.
Yin expressed concern about this amendment, saying it could lead to much longer delays with ballots being sent in.
Ervin also clarified to the committee that the clerks don’t oppose HB 131 and will follow the law if drop boxes are banned. He requested the committee to clarify various aspects of the bill such as whether it would still be allowed for an election official to deliver a ballot to a clerk. Knapp expressed a willingness to do so, which Ervin said the clerks greatly appreciated.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
