The 2020 presidential election was historic for many reasons, among them, the special safety measures that state election administrators had to suddenly implement in response to the COVID-19 pandemic. In its effort to ensure voter safety in the 2020 election process, the Nevada legislature passed a law that would require all counties to mail absentee ballots to registered voters during emergency situations. The law aimed to make it easier for Nevadans to vote without having to physically go to the polls. The law also provided some procedural flexibilities in that it permitted the collection of mail-in ballots by third party collectors.
Question 4: Constitutionally Codifying Nevada’s Voters’ Bill of Rights
By Elizabeth DePatie
This year, Nevadans will have to answer “yes” or “no” to Question 4—a ballot initiative that seeks to enshrine specific voter protections in Nevada’s state constitution. Collectively, these rights are referred to as the Voters’ Bill of Rights, and they were added to Nevada state law in 2002. The amendment would add these rights to Nevada’s state constitution, thus preventing future legislatures from easily overturning or modifying Nevadans right to vote in the future.
Arguments against the amendment largely rest on the idea that the amendment is unnecessary and could be burdensome as voting technology improves. There are concerns that by codifying these rights in the state constitution, it will be harder to adapt laws going further as voting conditions continue to change. The right to vote in Nevada is protected by statute and by amendments to the United States Constitution; opponents argue this is “a solution in search of a problem.”
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Postmark on Validity: Nevada’s Mail-in Ballots and the Constitution
By: Liz DePatie
On Monday, August 3rd, the Nevada governor signed Assembly Bill No.4 (AB4) into law. On Tuesday, August 4th, President Trump’s campaign filed a lawsuit claiming the law was unconstitutional. Thus, Donald J. Trump for President v. Cegavske was born.
AB4 was drafted and passed by the Nevada legislature in response to the ongoing COVID-19 pandemic. The goal of the bill is to make mail-in and early voting easier and safer for Nevadans during times of crisis. Among other things, the bill validates and counts ballots with unclear postmark dates to be counted if received within three days of Election Day
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NV: Automatic Voter Registration Place on the Ballot Following the Governor’s Veto
By: Charles Truxillo
On March 21, 2017, Nevada Governor Brian Sandoval vetoed the state’s effort to establish an automatic voter registration system through the Nevada Department of Motor Vehicles. If enacted, the the DMV’s voter registration would convert to a compulsory system rather than its current volunteer-based model. After a partisan split, the Governor sided with state Republicans and blocked the bill. The Governor’s veto is not final, as the initiative will now move to a statewide vote in the 2018 election.
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Nevada’s Luck Runs Out: Voting Rights Case Remanded to District Court
By: Kelsey Carpenter
An interesting case has just been remanded back to the United States District Court of Nevada by the 9th Circuit Court of Appeals called National Council of La Raza v. Cegavske (2015) regarding the National Voter Registration Act of 1993 (NVRA). Specifically the plaintiffs challenge Nevada’s following of Section 7 of the NVRA. Section 7 states that voter registration opportunities must be provided by all offices that handle public assistance and services to disabled populations. This provision of the NVRA exists to protect previously disenfranchised low-income voters from being unable to register to vote.
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