TEN FACTS OF AMERICAN THANKSGIVING:

Thanksgiving is my favorite holiday of the year. I really believe it is the only four consecutive days of 365 when work really stops for family. What began as an Autumn celebration and feast hundreds of years ago has its own modern meaning to all of us. The holiday gives us an opportunity to reunite with family, enjoy our traditional dishes, express our gratitude and, of course, watch parades and football and shop online for Black Friday Sales.  It is the kickoff to a hectic and joyous holiday season that we all look forward to all year. Have you ever wondered where the time-honored tradition of Thanksgiving originated in our law or the legal history of the holiday? Probably not, but as a legal blogger it has crossed my mind. In researching the issue, I have discovered some interesting laws regarding Thanksgiving.  To Lighten Spirits before the reality of the holiday sets in, the following are ten funny but true facts about Thanksgiving in America:

TEN FACTS OF AMERICAN THANKSGIVING:

  1. There Is No Shopping on Thanksgiving Day in Some States 

Massachusetts, Maine, and Rhode Island

  1. Turkey Poo used for energy is required–.   In North Carolina and Minnesota, they have mandated that utility plants use a small amount of turkey waste to generate some of their power due to the large turkey farming industry in these states
  1. Thanksgiving not always the fourth Thursday in Nov.-

In 1940 President Franklin Delano Roosevelt proclaimed Thanksgiving Day would be on the third Thursday in November in order to lengthen the shopping season for depression era retailers

  1. You can’t buy alcohol in some States on Thanksgiving                in Kansas and Oklahoma you cannot buy alcohol on Sunday or a Holiday.
  1. You clean your house certain ways in New York City

If you live in New York City, bear in mind it is against the law to shake out a dust mop or a rug out of a window.

  1. You can’t drink wine from a teacup in Topeka                                      In Topeka, Kansas it is against the law to serve wine in teacups in a restaurant.
  1. One Lucky Turkey is Pardoned                                                                In 1865 President Abraham Lincoln spared a Christmas turkey that his son took a liking to. However, it wasn’t until 100 years later that President John F Kennedy spared the first Thanksgiving turkey.  The first president to issue a formal pardon to the turkey was George HW Bush during a ceremony in the White House rose garden in 1989. The tradition has been upheld for the past 29 years. It will be interesting to see if the current administration follows this tradition.
  1. A Lawyer Invented Canned Cranberries                                                   Attorney Marcus Lurran came up with the idea at the turn of the 20th century. He left his legal career to buy a cranberry bog
  1. Injuries Change the Law for Thanksgiving Parade                            In 1997, very high winds pushed the Cat in the Hat balloon into a lamppost. As a result, the falling pieces of the lamppost struck a parade-goer, which resulted in a tragic injury fracturing her skull and leaving her in a coma for a month. Following this injury, the balloon size regulations were enacted for the next year, which prohibited larger balloons such as the Cat in the Hat
  1. It Is Illegal to Use Dogs to Hunt Turkeys in Some States

 In the state of Maine, no person may employ the use of a dog or dogs in any manner while hunting turkey except during the fall season. 

On a more Serious Note, the following are the CDC recommendations for conducting Thanksgiving Gatherings Quoted from their Website:

Considerations for Hosting or Attending a Gathering

If you will be hosting a gathering during the holiday season that brings people who live in different households together, follow CDC tips for hosting gatherings. If you will be attending a gathering that someone else is hosting, follow CDC Considerations for Events and Gatherings. Below are some general considerations for hosting a gathering that brings together people from different households. Guests should be aware of these considerations and ask their host what mitigation measures will be in place during the gathering. Hosts should consider the following:

https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/holidays.html
  • Host outdoor rather than indoor gatherings as much as possible. Even outdoors, require guests to wear masks when not eating or drinking.
  • Avoid holding gatherings in crowded, poorly ventilated spaces with persons who are not in your household.
  • Increase ventilation by opening windows and doors to the extent that is safe and feasible based on the weather, or by placing central air and heating on continuous circulation. For additional information on increasing ventilation, visit CDC’s information on Home. Winter weather can be cold, wet, and unpredictable. Inclement weather makes it difficult to increase ventilation by opening windows or to hold an event outdoors.
  • If setting up outdoor seating under a pop-up open air tent, ensure guests are still seated with physical distancing in mind. Enclosed 4-wall tents will have less air circulation than open air tents. If outdoor temperature or weather forces you to put up the tent sidewalls, consider leaving one or more sides open or rolling up the bottom 12” of each sidewall to enhance ventilation while still providing a wind break.
  • Require guests to wear masks. At gatherings that include persons of different households, everyone should always wear a mask that covers both the mouth and nose, except when eating or drinking. It is also important to stay at least 6 feet away from people who are not in your household at all times.
  • Encourage guests to avoid singing or shouting, especially indoors. Keep music levels down so people do not have to shout or speak loudly to be heard.
  • Encourage attendees to wash their hands often with soap and water for at least 20 seconds. If soap and water are not readily available, use hand sanitizer that contains at least 60% alcohol.
  • Provide guests information about any COVID-19 safety guidelines and steps that will be in place at the gathering to prevent the spread of the virus.
  • Provide and/or encourage attendees to bring supplies to help everyone to stay healthy. These include extra masks (do not share or swap with others), hand sanitizer that contains at least 60% alcohol, and tissues. Stock bathrooms with enough hand soap and single use towels.
  • Limit contact with commonly touched surfaces or shared items such as serving utensils.
  • Clean and disinfect commonly touched surfaces and any shared items between use when feasible. 
  • Use touchless garbage cans if available. Use gloves when removing garbage bags or handling and disposing of trash. Wash hands after removing gloves.
  • Plan ahead and ask guests to avoid contact with people outside of their households for 14 days before the gathering.
  • Treat pets as you would other human family members – do not let pets interact with people outside the household.

The more of these prevention measures that you put in place, the safer your gathering will be. No one measure is enough to prevent the spread of COVID-19.

Food and drinks at small holiday gatherings

  1. Currently, there is no evidence to suggest that handling food or eating is associated with directly spreading COVID-19. It is possible that a person can get COVID-19 by touching a surface or object, including food, food packaging, or utensils that have the virus on it and then touching their own mouth, nose, or possibly their eyes. However, this is not thought to be the main way that the virus is spread. Remember, it is always important to follow food safety practices to reduce the risk of illness from common foodborne germs.
  1. Encourage guests to bring food and drinks for themselves and for members of their own household only; avoid potluck-style gatherings.
  1. Wear a mask while preparing food for or serving food to others who don’t live in your household.     https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html                                                                     
  1. All attendees should have a plan for where to store their mask while eating and drinking. Keep it in a dry, breathable bag (like a paper or mesh fabric bag) to keep it clean between uses.
  1. Limit people going in and out of the areas where food is being prepared or handled, such as in the kitchen or around the grill, if possible.
  1. Have one person who is wearing a mask serve all the food so that multiple people are not handling the serving utensils.
  1. Use single-use options or identify one person to serve sharable items, like salad dressings, food containers, plates and utensils, and condiments.
  1. Make sure everyone washes their hands with soap and water for 20 seconds before and after preparing, serving, and eating food and after taking trash out. Use hand sanitizer that contains at least 60% alcohol if soap and water are not available.
https://www.cdc.gov/handwashing/when-how-handwashing.html
  1. Designate a space for guests to wash hands after handling or eating food.
  1. Limit crowding in areas where food is served by having one person dispense food individually to plates, always keeping a minimum of a 6-foot distance from the person whom they are serving. Avoid crowded buffet and drink stations. Change and launder linen items (e.g., seating covers, tablecloths, linen napkins) immediately following the event.
  1. Offer no-touch trash cans for guests to easily throw away food items.
  1. Wash dishes in the dishwasher or with hot soapy water immediately following the gathering.

From all of us at the TheOneLawyer.com, we wish you and your family a very happy holiday. In these difficult times, we hope you enjoy all of your unique, special holiday traditions in a safe and controlled environment.  When traveling during the holidays, take a look at some of my past blogs regarding injuries that can occur on vacation and issues arising with rental cars.   We hope that you travel safely.

 If you or a loved one is injured call our office immediately.  If you have been in any type of accident and have questions, please do not hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

OVERVIEW OF THE STAGGERING IMPORTANCE OF
THE UNITED STATES SUPREME COURT FOR CIVIL RIGHTS

The Establishment of the Supreme Court  

United States Supreme Court was established by Article III of the United States Constitution  regarding the federal judiciary. Section 1 states that “the judicial power of the United States,  shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to  time ordain and establish.“ The recognition of a court to be the final power to interpret what  laws are and are not constitutional is perhaps the greatest vesting of power granted in the  Constitution.  

While the Constitution establishes the Supreme Court, it permits Congress to determine how to  shape the Court. Congress enacted the Judiciary Act of 1789 which established the lower federal  court system and declared that the Supreme Court would have six justices. The Act also  established the beginning of the federal court of appeals and the multi state circuit court federal  system. 

The Supreme Court has been, since the beginning of our democracy, recognized as our nations  “High Court.” It is an entity with so much power over the laws promulgated by Congress that  each appointment of a new justice can shift the balance of power to affect and impact millions of  Americans for generations to come. Alexander Hamilton was once quoted as saying that the  Supreme Court is “beyond comparison the weakest out of the three departments of power.” How  little did he know. For a man with incredible vision, it was not foreseeable at the time that the  Supreme Court of the United States would become arguably the most powerful body in the  United States of America.  

The United States Constitution does not lay out in detail the powers or the impact of the court. It simply establishes the body to be the ultimate determiner of whether or not a law is  constitutional.

The Constitution does mention that it needs to have a chief justice, but it does not mention how  many justices there should be or what terms they should have. It simply states that the United  States Supreme Court justices should hold their office during “good behavior.” This has been  interpreted by our lawmakers to mean “for life.” However, the United States Constitution does  lay out the possibility of impeachment for justices who exhibit “bad behavior.” Only one justice  in our nations over 200-year history has been the subject of impeachment. Justice Samuel Chase  was impeached by the United States house of Representatives in 1804 for what they considered  to be “partisan leanings” in his decision making. However, he was not removed from office  because he was acquitted by the United States Senate and allowed to remain a member of the  court. This process may sound strikingly similar to the process of the attempted impeachment of  President Donald J. Trump by the House of Representatives as he was subsequently acquitted by  the Senate. 

As Congress has the power to establish the Supreme Court and the lower courts, they have set  the number of supreme court justices at nine members. In the past, there have been as few as six  members and as many as 10. It is likely apparent that an even number of justices is never a good  idea. Congress established the federal district courts as well as the courts of appeals for the  federal system and all circuit courts based in power of the Judiciary Act of 1789 

Interestingly, the Judiciary act of 1789 gave the United States Supreme Court power to issue  what is called a writ of mandamus. This is a court order that can command a government official  to do their establish job. However in 1803 the Supreme Court themselves in the case of Marbury  versus Madison ruled, under John Marshall chief justice, that the Court did not have the  constitutional power to issue such writs. Justice Marshall invalidated that portion of the statute  established by the United States Congress. In doing so he also established judicial review — the principle that makes the Supreme Court as powerful as it continues to be to this day. Judicial  review is the ability of United States Supreme Court to rule upon the constitutionality of a law  and uphold it as constitutional or strike it down as unconstitutional 

You can see how the court has become such a powerful body and how appointing conservative  or liberal judges to the bench greatly influences and impacts the power of lawmakers. Many  Americans view many issues such as abortion and second amendment rights to bear arms as the  most important issues. If a case involving these issues is appealed and accepted by the United  States Supreme Court to be heard, the court has the power to uphold or strike down laws on these  types of issues. Some hold the belief that the Supreme Court should be an extension of the  presidents will. The Court was created to be a non-partisan body to determine if laws created  either by the President or the Congress were in line with our constitutional mandates.  

Chief justice John Roberts wrote on this matter. He stated “we do not have Obama judges or  Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of  dedicated judges. What we have is an extraordinary group of dedicated judges doing their level  best to do equal right to those appearing before them. “ 

During this country’s history, there have been various Acts of Congress that have altered the  number of seats on the Supreme Court. After the Civil War, the number of seats on the court was 

fixed at nine and has remained at nine ever since the Civil War ended. The constitution states  there shall be one chief justice. There are eight associate justices on the United States Supreme  Court. Many people do not know and think that only United States Supreme Court justices are  appointed by the President and confirmed by the United States Senate. However, all federal  judges are appointed by the President and confirmed by the United Senate. All federal judges are  appointed to office and can hold their office for the remainder of their life. Their salaries cannot  be decreased during their term of office. The reason for these restrictions is that they are meant to  protect the independence of the judiciary from the other political branches of government from  undue influence. No one can threaten to take away a Judges salary or fire him because they are  unhappy with the way that they decide a case. 

Jurisdiction of the court 

United States Constitution at Article III section II establishes the jurisdiction (which means the  legal ability of a court to hear a case) of the supreme court. It states that the court shall have  jurisdiction over cases that are suits between two or more states, that involve ambassadors or  other public ministers. The Court also has appellate jurisdiction, (meaning that they can hear  after a lower court has heard the matter and the matter is appealed on the basis of a point of  constitutional or federal law.) The most popular of these types of cases to reach the Supreme  Court are cases involving treaties, division between the states, and cases involving constitutional  rights. 

Types of cases heard 

Thousands of appeals to the Supreme Court are made every year and with only nine members,  you can see that they can only hear so many cases every year. When exercising their appellate  jurisdiction, they do not have to hear every case. In fact, The Certiorari Act of 1925 gives the  court discretion to decide whether or not to hear a specific case. If attorneys wish their case to be  heard by the United States Supreme Court, they must prepare what is called a petition for writ of  certiorari. The petition asks the court to review the case. The US Supreme Court generally  agrees to hear about 100 to 150 cases that are brought before them on certiorari every year.  Approximately 7,000 cases are presented for certiorari to the court every year. 

Appellate jurisdiction 

Surprisingly, the best known and most daunting power of the United States Supreme Court is its  power of judicial review. This is the ability of the court to declare that a legislative or executive  Act is in violation of the Constitution and can be struck down as a matter of law. This power is  

not found within the words of the constitution. In fact, the power was established by the court itself. The Court established this doctrine in the case of Marbury v. Madison (1803). 5 US 137, 2  L. Ed. 60, 2 L. Ed. 2d 60 – Supreme Court (1803). In that case, the court was asked to decide  whether an Act of Congress permissible by the Constitution. Article VI of the United States  Constitution establishes that the Constitution is the “supreme law of the land of United States of  America.” The court held that an act of Congress that is contrary to the constitution cannot  stand. In subsequent cases, the Supreme Court also ruled that it has authority to strike down laws  found to be in violation of the Constitution. Before the passage of the Bill of Rights Amendment  in 1869 following the Civil War, the provision provisions of the Bill of Rights were only 

applicable to the federal government and not the States. After the Amendment was passed, the  Supreme Court began ruling that the provisions of the Bill of Rights were also applicable to the  states. Therefore, jurisdiction was created that the court has the final say as to whether a right  protected by the Constitution is violated by law by the states. 

Importance 

It cannot be emphasized enough how significance the power United States Supreme Court has in  our system of government. It is the highest court in the country, and it is the court of last resort  for groups seeking constitutional justice. The Supreme Court holds the power of judicial review  and has the power to strike down laws made by the states as well as at the federal level which  violate the provisions of the Constitution and the amendments thereto. Therefore, United States  Supreme Court determines what civil rights and liberties are outlined by the constitution and its  amendment and what is considered an infringement by government. The course sets limits on  government by ensuring that popular majorities cannot pass laws that take away or disadvantage  minorities.  

The Supreme Court serves to ensure that the views of a majority do not undermine the  fundamental values common to all Americans which are grounded in our constitution including  freedom of speech, freedom of religion, and entitlement to the due process of law. 

Impact 

I think that few Americans outside the legal and government professions truly understand the  staggering power the United States Supreme Court has in our system of government. The  importance in our society to maintain an impartial and objective Court to ensure our civil  liberties as granted by the Constitution are not infringed upon cannot be understated. The rulings  of the Supreme Court have a profound impact on our society in everything from business to  government to personal civil rights Some of the most landmark cases that have been decided by the Supreme Court have created great change in America when such a change was needed. They  have allowed us to maintain our freedom of expression among countless freedoms. By  appointing justices who may not be able to maintain an impartiality from their own personal  views, the entirety of our democratic process and constitutional way of life is in jeopardy. It is important to point out that the same provisions that allow you to practice your own religion  allow others to practice their own religion. This is only a small example of the many rights that  can be taken away or infringed upon by government if there is not a body in place to prevent  laws that are contrary to our constitution from being upheld. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the  Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal  representation to injured clients. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com  we provide professional and personal service to each and every one of our clients on various  legal matters and have over 15 years of experience in reviewing insurance policies and in  Nevada insurance law. If you have a question regarding any type of personal injury or paying  your medical bills from an accident, please don’t hesitate to call the offices of  TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson  Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve. Please 

call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are  entitled to. Insurance companies never have the best interest of the injured person at the top of  their priorities. They want to pay as little on every claim as possible. Having worked for an  insurance company as an attorney for 9 years before opening my boutique law firm specializing  in helping injured people, I have reviewed thousands of auto accident claims and policy  provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura  Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents  and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and  Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm  that specializes in helping injured people and the community of Las Vegas and Henderson  Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck  accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types  of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a  loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

United States Supreme Court was established by Article III of the United States Constitution  regarding the federal judiciary. Section 1 states that “the judicial power of the United States,  shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to  time ordain and establish.“ The recognition of a court to be the final power to interpret what  laws are and are not constitutional is perhaps the greatest vesting of power granted in the  Constitution.  

While the Constitution establishes the Supreme Court, it permits Congress to determine how to  shape the Court. Congress enacted the Judiciary Act of 1789 which established the lower federal  court system and declared that the Supreme Court would have six justices. The Act also  established the beginning of the federal court of appeals and the multi state circuit court federal  system. 

The Supreme Court has been, since the beginning of our democracy, recognized as our nations  “High Court.” It is an entity with so much power over the laws promulgated by Congress that  each appointment of a new justice can shift the balance of power to affect and impact millions of  Americans for generations to come. Alexander Hamilton was once quoted as saying that the  Supreme Court is “beyond comparison the weakest out of the three departments of power.” How  little did he know. For a man with incredible vision, it was not foreseeable at the time that the  Supreme Court of the United States would become arguably the most powerful body in the  United States of America.  

The United States Constitution does not lay out in detail the powers or the impact of the court. It simply establishes the body to be the ultimate determiner of whether or not a law is  constitutional.

The Constitution does mention that it needs to have a chief justice, but it does not mention how  many justices there should be or what terms they should have. It simply states that the United  States Supreme Court justices should hold their office during “good behavior.” This has been  interpreted by our lawmakers to mean “for life.” However, the United States Constitution does  lay out the possibility of impeachment for justices who exhibit “bad behavior.” Only one justice  in our nations over 200-year history has been the subject of impeachment. Justice Samuel Chase  was impeached by the United States house of Representatives in 1804 for what they considered  to be “partisan leanings” in his decision making. However, he was not removed from office  because he was acquitted by the United States Senate and allowed to remain a member of the  court. This process may sound strikingly similar to the process of the attempted impeachment of  President Donald J. Trump by the House of Representatives as he was subsequently acquitted by  the Senate. 

As Congress has the power to establish the Supreme Court and the lower courts, they have set  the number of supreme court justices at nine members. In the past, there have been as few as six  members and as many as 10. It is likely apparent that an even number of justices is never a good  idea. Congress established the federal district courts as well as the courts of appeals for the  federal system and all circuit courts based in power of the Judiciary Act of 1789 

Interestingly, the Judiciary act of 1789 gave the United States Supreme Court power to issue  what is called a writ of mandamus. This is a court order that can command a government official  to do their establish job. However in 1803 the Supreme Court themselves in the case of Marbury  versus Madison ruled, under John Marshall chief justice, that the Court did not have the  constitutional power to issue such writs. Justice Marshall invalidated that portion of the statute  established by the United States Congress. In doing so he also established judicial review — the principle that makes the Supreme Court as powerful as it continues to be to this day. Judicial  review is the ability of United States Supreme Court to rule upon the constitutionality of a law  and uphold it as constitutional or strike it down as unconstitutional 

You can see how the court has become such a powerful body and how appointing conservative  or liberal judges to the bench greatly influences and impacts the power of lawmakers. Many  Americans view many issues such as abortion and second amendment rights to bear arms as the  most important issues. If a case involving these issues is appealed and accepted by the United  States Supreme Court to be heard, the court has the power to uphold or strike down laws on these  types of issues. Some hold the belief that the Supreme Court should be an extension of the  presidents will. The Court was created to be a non-partisan body to determine if laws created  either by the President or the Congress were in line with our constitutional mandates.  

Chief justice John Roberts wrote on this matter. He stated “we do not have Obama judges or  Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of  dedicated judges. What we have is an extraordinary group of dedicated judges doing their level  best to do equal right to those appearing before them. “ 

During this country’s history, there have been various Acts of Congress that have altered the  number of seats on the Supreme Court. After the Civil War, the number of seats on the court was 

fixed at nine and has remained at nine ever since the Civil War ended. The constitution states  there shall be one chief justice. There are eight associate justices on the United States Supreme  Court. Many people do not know and think that only United States Supreme Court justices are  appointed by the President and confirmed by the United States Senate. However, all federal  judges are appointed by the President and confirmed by the United Senate. All federal judges are  appointed to office and can hold their office for the remainder of their life. Their salaries cannot  be decreased during their term of office. The reason for these restrictions is that they are meant to  protect the independence of the judiciary from the other political branches of government from  undue influence. No one can threaten to take away a Judges salary or fire him because they are  unhappy with the way that they decide a case. 

Jurisdiction of the court 

United States Constitution at Article III section II establishes the jurisdiction (which means the  legal ability of a court to hear a case) of the supreme court. It states that the court shall have  jurisdiction over cases that are suits between two or more states, that involve ambassadors or  other public ministers. The Court also has appellate jurisdiction, (meaning that they can hear  after a lower court has heard the matter and the matter is appealed on the basis of a point of  constitutional or federal law.) The most popular of these types of cases to reach the Supreme  Court are cases involving treaties, division between the states, and cases involving constitutional  rights. 

Types of cases heard 

Thousands of appeals to the Supreme Court are made every year and with only nine members,  you can see that they can only hear so many cases every year. When exercising their appellate  jurisdiction, they do not have to hear every case. In fact, The Certiorari Act of 1925 gives the  court discretion to decide whether or not to hear a specific case. If attorneys wish their case to be  heard by the United States Supreme Court, they must prepare what is called a petition for writ of  certiorari. The petition asks the court to review the case. The US Supreme Court generally  agrees to hear about 100 to 150 cases that are brought before them on certiorari every year.  Approximately 7,000 cases are presented for certiorari to the court every year. 

Appellate jurisdiction 

Surprisingly, the best known and most daunting power of the United States Supreme Court is its  power of judicial review. This is the ability of the court to declare that a legislative or executive  Act is in violation of the Constitution and can be struck down as a matter of law. This power is  

not found within the words of the constitution. In fact, the power was established by the court itself. The Court established this doctrine in the case of Marbury v. Madison (1803). 5 US 137, 2  L. Ed. 60, 2 L. Ed. 2d 60 – Supreme Court (1803). In that case, the court was asked to decide  whether an Act of Congress permissible by the Constitution. Article VI of the United States  Constitution establishes that the Constitution is the “supreme law of the land of United States of  America.” The court held that an act of Congress that is contrary to the constitution cannot  stand. In subsequent cases, the Supreme Court also ruled that it has authority to strike down laws  found to be in violation of the Constitution. Before the passage of the Bill of Rights Amendment  in 1869 following the Civil War, the provision provisions of the Bill of Rights were only 

applicable to the federal government and not the States. After the Amendment was passed, the  Supreme Court began ruling that the provisions of the Bill of Rights were also applicable to the  states. Therefore, jurisdiction was created that the court has the final say as to whether a right  protected by the Constitution is violated by law by the states. 

Importance 

It cannot be emphasized enough how significance the power United States Supreme Court has in  our system of government. It is the highest court in the country, and it is the court of last resort  for groups seeking constitutional justice. The Supreme Court holds the power of judicial review  and has the power to strike down laws made by the states as well as at the federal level which  violate the provisions of the Constitution and the amendments thereto. Therefore, United States  Supreme Court determines what civil rights and liberties are outlined by the constitution and its  amendment and what is considered an infringement by government. The course sets limits on  government by ensuring that popular majorities cannot pass laws that take away or disadvantage  minorities.  

The Supreme Court serves to ensure that the views of a majority do not undermine the  fundamental values common to all Americans which are grounded in our constitution including  freedom of speech, freedom of religion, and entitlement to the due process of law. 

Impact 

I think that few Americans outside the legal and government professions truly understand the  staggering power the United States Supreme Court has in our system of government. The  importance in our society to maintain an impartial and objective Court to ensure our civil  liberties as granted by the Constitution are not infringed upon cannot be understated. The rulings  of the Supreme Court have a profound impact on our society in everything from business to  government to personal civil rights Some of the most landmark cases that have been decided by the Supreme Court have created great change in America when such a change was needed. They  have allowed us to maintain our freedom of expression among countless freedoms. By  appointing justices who may not be able to maintain an impartiality from their own personal  views, the entirety of our democratic process and constitutional way of life is in jeopardy. It is important to point out that the same provisions that allow you to practice your own religion  allow others to practice their own religion. This is only a small example of the many rights that  can be taken away or infringed upon by government if there is not a body in place to prevent  laws that are contrary to our constitution from being upheld. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the  Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal  representation to injured clients. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com  we provide professional and personal service to each and every one of our clients on various  legal matters and have over 15 years of experience in reviewing insurance policies and in  Nevada insurance law. If you have a question regarding any type of personal injury or paying  your medical bills from an accident, please don’t hesitate to call the offices of  TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson  Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve. Please 

call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are  entitled to. Insurance companies never have the best interest of the injured person at the top of  their priorities. They want to pay as little on every claim as possible. Having worked for an  insurance company as an attorney for 9 years before opening my boutique law firm specializing  in helping injured people, I have reviewed thousands of auto accident claims and policy  provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura  Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents  and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and  Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm  that specializes in helping injured people and the community of Las Vegas and Henderson  Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck  accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types  of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a  loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

THE ELECTORAL COLLEGE—KEEP IT OR LOOSE IT?

In 2016 almost 3,000,000 more Americans voted for candidate Hillary Clinton than for Donald Trump in the presidential election. However, the electoral college saved Donald Trump and allowed him to become president for the past four years.  This phenomenon of a candidate being elected who did not win a majority of the popular vote on in the election has actually happened in five of our nations fifty-eight presidential elections. It happened in the following elections:

 1824 — John Quincy Adams (Republican- Democrat) defeated Andrew Jackson

1876—Rutherford Hayes (Republican) defeated Samuel Tilden (Democrat)

1888 – Benjamin Harrison (Republican) defeated Grover Cleveland (Democrat)

2000– George W Bush (Republican) defeated Al Gore (Democrat)

2016— Donald Trump (Republican) defeated Hilary Rodham Clinton (Democrat)

 Therefore, it is not an uncommon occurrence that our president was not elected by the majority of the popular vote. This institution is known as the Electoral College.

The Electoral College was created by the United States Constitution. A group of figures in political parties are known as the electors and they actually cast a vote for the president. When a voter casts the ballot, surprisingly, it does not count directly in the presidential election. All of the votes in each state are tallied with those who live in the same state and the candidate with the most votes in that state wins what is known as the “popular vote of each state.” The designated electors for each state then cast their vote in mid-December to mirror the winner of that particular states popular vote, not the vote of the nation as a whole.

In the 2016 election Hillary Rodham Clinton had approximately 65.9 million votes in the popular vote in the United States compared to Donald Trump’s approximately 63 million. However, Donald Trump won 304 electoral votes over Clintons 227 electoral votes making him the 45th president. Over the years there has been extremely contentious debates regarding the Electoral College. The United States is the only country in the world with this type of electoral system. After the 2016 election, a Pew Research Center report ( https://www.pewresearch.org/fact-tank/2016/11/22/among-democracies-u-s-stands-out-in-how-it-chooses-its-head-of-state/  ) found that only seven of the forty-one democracies in the world with a head of state and national government body do not directly elect their leader, but rather do it by way of vote of legislative bodies. Only the United States has a completely separate body (the Electoral College) that is created every four years for the sole purpose to elect the president of United States. The system was created at a time when communication was sparse, and people could not physically get to a polling place or communicate their vote. The United States Constitution was written during the Constitutional Convention in 1787. At that time, there was no phone, there was no email, there were not even motor vehicles. It was created as a compromise between the delegates who feared corruption of Congress choosing the president. The delegates wanted away for the people to elect the President of United States.

NUMBER OF ELECTORAL VOTES PER STATE

Each states electoral votes match the number of representatives they have in the House of Representatives and two senators. For example, Nevada has six electoral votes because we have four members in the House of Representatives and two United States senators. Washington DC received three electoral votes by the addition of the 23rd amendment in 1861. Therefore, there are a total of 538 electoral votes in each presidential election.  A candidate needs a majority or at least 270 electoral votes to win the presidential election. If a candidate does not win a majority of electoral votes, the House of Representatives chooses the president, and the Senate chooses the vice president.

Most states, including the state of Nevada use a winner take all method for awarding the electoral votes of their own state. This means that even if one candidate wins the state by only one vote, that the winning candidate will receive all of the electoral votes for our state. Interestingly, there are two states that have a different system which are Nebraska and Maine. In those two states, the  electoral votes are distributed based on who won the popular vote for each congressional district and the remaining two electoral votes for those states are awarded to the overall winner of the popular vote in the state.

ELECTORAL COLLEGE BY STATE VS OVERALL US POPULAR VOTE

Those who remain in favor of the electoral college are smaller states who believe it gives them political weight and prevents them from being railroaded by states with large populations. They believe that this forces presidential candidates to run a national campaign.  They believe it also forces candidates to consider the needs and circumstances of voters in every state across the country and not just those in the highly populated metropolitan areas.

Opponents of the electoral college argue that the power given to rural and swing states such as our state of Nevada is too much for the small population. They argue that the power given to heavily populated states is not enough.  

The best way to explain the different views is to compare the state of California which is the most populated state with approximately 39 1/2 million people and the state of Wyoming which is the least populated state with an estimated population of about 575,000. Electoral votes in each state do not represent the same number of voters. Dividing electoral votes by population, each one of California’s 55 votes represents about 720,000 people while one electoral vote of Wyoming’s three, the minimum number of electoral votes, represents only about 193,000 people.  This explains how a winner of the popular vote can lose the electoral college by a large margin. Opponents of the electoral college argue that this distorts the representation of the overall population.

PROPOSALS FOR CHANGE

Over the years there have been proposed legislations remove or change the power of the Electoral College. Since it is codified in our Constitution, it cannot be removed without a constitutional amendment.   However, states can legislate how they direct their electors to vote.  In order to remove this disparity in electing our president many states have enacted a law that states all of the electoral votes of their state go to the winner of the popular vote of the country.  This would mean for example that if Nevada voted for a candidate, our electors would be directed to vote for the winner of the popular vote of the nation, not necessarily the popular vote of Nevada.  Currently 15 states including Washington DC follow this method that have and have a combined 196 electoral votes. However, that is not enough for the 270 electoral votes needed to win the presidency. The Nevada legislature nearly approved joining this compact in the 2019 legislative session. Governor Steve Sisolak made that bill his first veto saying he would rather “follow the will of Nevada voters rather than the nation as a whole.”  The pact between the 15 states requires each state to give all of their electoral votes to the winning candidate of the national popular vote.

The Nevada Bill was known as AB186 and Governor Steve Sisolak issued his first veto of the 2019 legislative session by rejecting the proposal that would have pledged Nevada’s six electoral votes to the winner of the national popular vote for presidency. If all states joined this pack, there would no longer be value of the electoral college because every state would give their votes to there to whoever won the national popular vote. AB186 was sponsored by the late Democratic assemblyman Tyrone Thompson and proved to be controversial in front of the legislature. It was one of the closest votes of the session. Those in favor argued you that it would ensure every vote counted equally while opponents argued that it would diminish the relevance of Nevada and other small states. Sisolak stated “the effect of  The National Popular Vote Interstate Compact would diminish the role of smaller states like Nevada and national electoral contests and force Nevada’s electors statewide to side with whoever wins the nationwide popular vote rather than the candidate Nevada chooses.”  Sisolak went on to state that “I recognize that many of my fellow Nevadans may disagree on this point and I appreciate the legislatures’ thoughtful consideration of this important issue. As Nevada’s Governor I am obligated to make such decisions according to my own conscience. In cases like this, where Nevada’s interest could diverge from the interest of large states, I will stand up for Nevada.”

If the bill would have been approved, the bill would have tied Nevada to a pact of states agreeing to pledge their electoral votes to the winner of the national popular vote. The National Popular Vote Interstate Compact cannot take effect until enough state to join the compact to reach the 270 electoral vote threshold.

Currently 15 states including Washington DC follow this Pact and have a combined 196 electoral votes. The veto by the governor added another mark to a long list of failed attempts of Nevada to pledge at six electoral votes to the national popular vote winner. This was also attempted in the 2017 legislative session and a 2009 legislative sessions, but neither time did it make the Governors’ desk.

https://thenevadaindependent.com/article/sisolak-vetoes-bill-that-would-pledge-nevadas-support-to-winner-of-national-popular-vote-reject-electoral-college

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

ELECTION DAY NOVEMBER 3, 2020

  1. The polls are open from 7:00 am to to 7:00 pm
  2. You can vote at any polling center;
  3. The touch machines also create a paper ballot at the same time for records;
  4. Fill out your ballot before you get to polls;
  5. Exercise you right, Vote today!!!!!!!!

YOU CAN VOTE AT ANY VOTING CENTER

Fortunately for voters, assigned polling places have been replaced by election day voting centers. This is good news for everyone in Clark County. You are now allowed to vote on election day at any voting locations throughout the entire county. Many of us vote on the way to work or while we are picking up kids and you no longer have to go to an assigned polling place. You are able to choose the most convenient police center to you. Below are a list of D Fortunately for voters, assigned polling places have been replaced by election day voting centers. This is good news for everyone in Clark County. You are now allowed to vote on election day at any voting locations throughout the entire county. Many of us vote on the way to work or while we are picking up kids and you no longer have to go to an assigned polling place. You are able to choose the most convenient police center to you. Below are a list of of the voting centers that will be open on election day. Nevada has made it much easier by allowing Nevada voters to choose where they vote regardless of your address or your precinct. In addition all of the Clark County police centers have an electronica poor book system that securely connects to the county registration database to access voter records in real time. The staff on site at the voting centers can process any one register to vote anywhere in Clark County. These voter sites have maximized convenience of voting for Clark County voters  In addition there is a voting center within almost a 2 mile radius of any main location within the metropolitan area.

The voting process on election day. All Clark County election day voting centers use the touchscreen voting machines. The machines used include a voter verified paper print out of each pallet that stays in the machine. You can choose to vote in English Spanish or Filipino. Case of the need for a recount, all of the paper ballots can be retrieved and re-counted. Although there has been extensive early voter turn out, the early voting results will not be tabulated or available until election day on November 3. The votes will not be tabulated until the Secretary of State has indicated that all state wide voting has ended after 7 PM.

What to expect on election day

When you arrive at your voting site your eligibility and signature will be verified by a poll worker. If you are able to bring your sample ballot with you to the polling center to allow for easier verification. V election clerk is required by law to announce your name to you privately and your party affiliation to verify. Each of the voting center are equipped with computers that are connected to the election department central voter registration files. Your record will be updated at the time of voting to prevent prevent anyOne from voting twice. After the election worker has verified your identity here she will give you a card to activate a voting machine. Once you receive the card you will be allowed to proceed to the electronica touchscreen voting machine that you are directed to buy a poll worker. He will insert the card into the machine to activate the machine for your specific precinct. That time you will be able to choose the language and proceed with voting. When you have completed your selections, you will give the card to a voting booth or volunteer and it will be inserted  One from voting twice. After the election worker has verified your identity here she will give you a card to activate a voting machine. Once you receive the card you will be allowed to proceed to the electronica touchscreen voting machine that you are directed to buy a poll worker. He will insert the card into the machine to activate the machine for your specific precinct. At that time you will be able to choose the language and proceed with voting. When you have completed your selections, you will give the card to a voting motor volunteer and it will be inserted in to a box and you will receive an eye voted sticker. 

With 125 polling locations in Clark County building will be simple and efficient. Even if the line appers somewhat  long day move very quickly. I am very grateful I would like to thank all of the many volunteers who are working the polls during early voting and on election day for volunteering their time especially during these pandemic times to make the voting process smooth and efficient. During my trip to early voting the pole workers were so extraordinarily kind, efficient, professional, and polite to all of the voters who are there to cast their ballot. Please remember that these people are volunteers and without their efforts the election process cannot I am very grateful I would like to thank all of the many volunteers who are working the polls during early voting and on election day for volunteering their time especially during these pandemic times to make the voting process smooth and efficient. During my trip to early voting poll workers were so extraordinarily kind, efficient, professional, and polite to all of the voters who were there to cast their ballots. Please remember that these people are volunteers and without their efforts the election process cannot efficiently move forward.

So when you head to the polls on November 3, the official election day. Please bear in mind that these people are subjecting themselves to working with all of the public during a pandemic so that we can exercise our right to vote. Please use kindness and patience know  that your voice matters



FINDING THE CLOSEST VOTING CENTER.

The polls will be open November 3 from 7 AM to 7 PM and you can vote at any time during that 12 hour period.  Fill out your sample ballot prior to arriving at the voting center.

There are 125 polling centers that will be open on Tuesday, November 3 from 7 AM to 7 PM for voting. You can find these locations at  https://www.nvsos.gov/sos/home/showdocument?id=8924. You can vote in your work and find a location that is most convenient to stop on the way into work or on the way home. You can also vote SD election site that you have voted out at past elections that you are familiar with. In addition you could also vote near your home.With 125 polling locations it is simple and convenient to find a polling place near your home work school or most traveled path. It is imperative that you exercise your right to make a choice and chose the voice that will be speaking for you.  

2. Use the Online “Vote Center Locator” Map Tool (www.ClarkCountyNV.gov/vote): On voting days (both for early voting and Election Day), our website will have a link to a user-friendly, interactive Vote Center map that is mobile device enabled. It will help you easily find nearby Vote Centers and view their approximate wait times. The “Locator” can find any Vote Center within a specific radius, including near your home, work, errand spots, lunch locations, or at or near familiar voting sites. Addresses and printable maps are also available at the link. 

The Voting Process for Election Day and Early Voting Are Now the Same
All Clark County Election Day Vote Centers and early voting sites use touch-screen voting machines. These machines include a voter verifiable paper printout of each ballot that stays with the machine. These machines also provide English, Spanish, and Filipino/Tagalog ballots and instructions.  Note that early voting results will be not tabulated and will not be available until Election Day and only after the Secretary of State has indicated all statewide voting has ended, sometime after 7:00 p.m.

The overall voting process is simple:

  • Upon arriving at the site, your eligibility and signature will be verified before you are allowed to vote. It is always a good idea to bring picture identification with you when you vote. The election clerk will announce your name (and political party in Primary Elections), as required by Nevada law.
  • Computers at each site connect to the Election Department’s centralized voter registration files. Your record will be updated at the time of voting, thus preventing anyone from voting twice.
  • After verifying your identity, the Clerk will give you a card to activate the voting machine.
  • You will proceed to an electronic touch-screen voting machine to vote. You must insert the card into the machine to activate it for your specific precinct (and political party in a Primary Election).
  • When you are finished, immediately return the activation card to an election official and receive an “I Voted” sticker.


How to Find Where to Vote on

https://www.clarkcountynv.gov/government/departments/elections/services/election_day_voting.php

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Nevada Voting Law

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

EARLY VOTING IS NOW- EXERCISE YOUR RIGHT

Early voting has begun, and every vote is so critical. I know that many people think their vote does not count. In the year 2000, Democratic nominee Al Gore lost the electoral college vote to George W Bush.  The election, in its entirety, came down to a re-count in Florida.  

Bush had won the popular vote by such a small margin that it triggered an automatic recount and a Supreme Court case titled Bush vs. Gore. In the end, Bush won Florida by a margin of .009% of the votes cast in the state or 537 votes. If 600 more Democrats had voted that year in Florida, the election would have been completely different and possibly, the course of history.  

More recently, Donald Trump defeated Hilary Clinton in 2016 by securing a close electoral college margin of votes. Although the election was not as close as the Gore /Bush election, it was an extraordinarily close race. In fact, Hilary Clinton won the national popular vote by almost 3,000,000 votes. However, the concentration of Trump voters in states with more electoral votes called “swing” states, like Wisconsin, Pennsylvania, and Michigan brought him an electoral college win to secure the presidency. 

Every vote is critical because every state matters and the votes in your state are independent for electoral college votes. Although I am personally in great disagreement with the modern use of the electoral college and believe that an overall popular vote of the United States should determine our president, that is not the current system under which we live and it will take a constitutional amendment to change that. However, in the meantime, every vote counts because recent elections have been extraordinarily close. Your right to express your opinion is fundamental and sacred in this nation.   Thousands of men and women have lost their lives in wars for the past 200 years to maintain our freedoms. The right to vote is the most fundamental freedom that we as Americans exercise.

In my lifetime, this is the most divided I have ever seen our nation and the only way to bring change is for everyone to express their opinion and exercise their rights. Participating in our elections is a fundamental and sacred freedom of American life.  There are many nations and countries in the world where their citizens do not have the same freedom. No matter what candidate you support or where your political alliances lie, it is incumbent upon you as an American to exercise your right to vote. There have been thousands of people that have fought, protested, marched, and worked so hard for you to have the privilege.

 Early voting has begun in the state of Nevada and below is a list of polling places where you can exercise your right between now and October 30. Check locations below and the dates to locate the most convenient place for you to vote. Early voting is critical because it allows a more accurate accounting of votes.  By early voting you can protect yourself and other voters to help cut down on any crowding at the voting polls and make this a safer election for everyone. You can choose to mail in your vote now or go to the most convenient polling place near you.

 Make a plan as to when you will be going and review your early ballot that you received in the mail. It is important to remember that it is not only the presidential election you are voting to elect.  There are dozens of candidates for many local positions on the ballot. It is important to do your research,  ask friends and neighbors about candidates you do not know or research online in order to make an informed choice. It is never a good idea to just vote for anyone if you do not know who the candidates are on the ballot. It is better to skip those elections or just put none of these and move on. Sometimes non-qualified judges and other state political posts get elected because people failed to do research and just picked a name on the ballot. Do not fall into that trap.  It is important to know that if you do not know the candidates in each election you can simply skip that or put none of these and move on. Make a plan, offer to take elderly friends or neighbors to the polls.   Together we can exercise our rights. 

LOCATIONS TO EARLY VOTE

The Following are a list of the polling locations in Clark County Nevada. 

https://cms8.revize.com/revize/clarknv/Election%20Department/EVSched-20Gen.pdf?t=1599145993130&t=1599145993130
LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETSHours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Arroyo Market Square, EVENT TENTParking Lot Near the Men’s Wearhouse, CC-215 / S. Rainbow Blvd.
Blue Diamond Crossing, EVENT TENTParking Lot Between Target and Kohl’s, Blue Diamond Rd. / Arville St.
Boulevard Mall, EVENT TENT SOUTH OF APPLEBEE’SParking Lot South of Applebee’s on Maryland Pkwy., 3528 S. Maryland Pkwy. / E. Desert Inn Rd.
Centennial Center Home Depot, EVENT TENTHome Depot Parking Lot, 7881 W. Tropical Pkwy. / Centennial Center Blvd.
Cora Coleman Senior Center, 2100 Bonnie Ln. / E. Lake Mead Blvd.
LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETSHours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Deer Springs Town Center, EVENT TENTParking Lot Near Home Depot, North 5th St. / E. Deer Springs Way
Desert Breeze Community Center, 8275 Spring Mountain Rd. / S. Cimarron Rd.
Downtown Summerlin Las Vegas Ballpark, EVENT TENTAviators South Parking Lot, 1650 S. Pavilion Center Dr.
East Las Vegas Community Center, 250 N. Eastern Ave. / Stewart Ave.
Galleria at Sunset, EVENT TENT NEAR LA-Z-BOY FURNITURE GALLERIESParking Lot, 1300 W. Sunset Rd., East of N. Stephanie St.
Heritage Park Senior Facility, 300 S. Racetrack Rd. / Burkholder Blvd.
Hollywood Recreation Center, 1650 S. Hollywood Blvd., Between E. Sahara Ave. and E. Charleston Blvd.
Las Vegas Athletic Club North, EVENT TENTParking Lot, 6050 N. Decatur Blvd. / W. Tropical Pkwy.
Las Vegas Athletic Club Northwest, EVENT TENTParking Lot, 1725 N. Rainbow Blvd., South of Lake Mead Blvd.
Las Vegas Strip Site at Pebble, EVENT TENTParking Lot, 8755 S. Las Vegas Blvd. / W. Pebble Rd.
Lowe’s Craig / Losee, EVENT TENTParking Lot, 2570 E. Craig Rd./ Losee Rd.
McCarran Marketplace, EVENT TENTParking Lot near Peter Piper Pizza, S. Eastern Ave. / E. Patrick Ave.
Meadows Mall, EVENT TENT NEAR DILLARD’S CLEARANCE CENTERParking Area Yellow 4, 4300 Meadows Ln. / S. Valley View Blvd.
Mountain Crest Community Center, 4701 N. Durango Dr., South of Lone Mountain Rd.
Mountain’s Edge Regional Park, EVENT TENTParking Lot, 7929 W. Mountain’s Edge Pkwy., East of S. Durango Dr.
Neighborhood Recreation Center, 1638 N. Bruce St. / North of E. Owens Ave.
LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETSHours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Nellis Crossing Shopping Center, EVENT TENTParking Lot Near Target, S. Nellis Blvd. / E. Charleston Blvd.
Paradise Community Center, 4775 S. McLeod Dr., North of E. Tropicana Ave.
Parkdale Recreation and Senior Center, 3200 Ferndale St., North of East Desert Inn Rd.
Silver Mesa Recreation Center, 4025 Allen Ln. / W. Alexander Rd.
Silver Springs Recreation Center, 1951 E. Silver Springs Pkwy., East of N. Green Valley Pkwy.
Silverado Ranch Plaza, EVENT TENTParking Lot Near PetsMart, S. Eastern Ave. / E. Silverado Ranch Blvd.
Veterans Memorial Leisure Center, 101 N. Pavilion Center Dr., North of Alta Dr.
Walnut Recreation Center, 3075 N. Walnut Rd., South of E. Cheyenne Ave.
West Flamingo Senior Center, 6255 W. Flamingo Rd. / S. Jones Blvd.
Whitney Community/ Recreation Center, 5712 Missouri Ave., West of Boulder Hwy.

SHORT-TERM EARLY VOTING SITES

Open for a Limited Number of Days During Early Voting

Short-Term Early Voting Locations with Addresses / Cross StreetsHours(Dates and Times Vary)
Boulder City, City Hall401 California Ave. / Arizona St.October 17-18 (Sat.-Sun.) 8am-6pmOctober 19-20 (Mon.-Tue.) 7am-6pm
CSN Henderson CampusStudent Union, 700 College Dr./ Heather Dr.
October 28-29 (Wed.-Thu.) 9am-4:30pm
CSN N. Las Vegas CampusTyrone Thompson Student Union 3200 E. Cheyenne Ave./ Campus Dr.
October 19-20 (Mon.-Tue.) 8am-6pm
CSN West Charleston Campus, Student Union6375 W. Charleston Blvd./ Community College Dr.
October 28-29 (Wed.-Thu.) 8am-6pm
Short-Term Early Voting Locations with Addresses / Cross StreetsHours(Dates and Times Vary)
Desert Vista Community Center10360 Sun City Blvd./ Thomas W. Ryan Blvd.
October 26-27 (Mon.-Tue.) 9am-7pm
Doolittle Senior Center1930 J St./ W. Lake Mead Blvd.
October 17-23 (Sat.-Fri.) 9am-7pm
Dr. William U. Pearson Community  Center, Room C1625 W. Carey  Ave., West  of  Martin Luther  King Blvd.October 24-29 (Sat.-Thu.) 9am-7pmOctober 30 (Fri.) 9am-8pm
Laughlin Library2840 S. Needles Hwy., LaughlinOctober 23-24 (Fri.-Sat.) 10am-6pmOctober 25 (Sun.) 11am-5pm
Mesquite Deuce 2 Building150 N. Yucca St., Mesquite
October 22-24 (Thu.-Sat.) 9am-7pm
Moapa Valley Community Center320 N. Moapa Valley Blvd., Overton
October 21 (Wed.) 9am-6pm
Mountain  Shadows  Community Center9107 Del Webb Blvd. /  Crown Ridge Dr.
October 20-22 (Tue.-Thu.) 9am-7pm
Nevada State College, Rogers Student Center1300 Nevada State Dr., Henderson
October 26-27 (Mon.-Tue.) 9am-4:30pm
Searchlight Community Center200 Michael Wendell Way, Searchlight
October 30 (Fri.) 9am-4pm
Sun City Anthem Center2450 Hampton Rd. / Anthem Pkwy.October 28-29 (Wed.-Thu.) 9am-7pmOctober 30 (Fri.) 9am-8pm
Sun City MacDonald Ranch Community Center2020 W. Horizon Ridge Pkwy. East of Green Valley Pkwy.
October 26-27 (Mon.-Tue.) 9am-7pm
Sun City Mesquite1350 Flat Top Mesa Dr., Mesquite
October 25 (Sun.) 9am-7pm
UNLV Lied LibraryE. Harmon Ave., East of University Center Dr.
October 21-23 (Wed.-Fri.) 8am-5pm

We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Five Things to Know About Early Voting in Nevada

1) Early voting in Nevada runs Saturday, October 17 to Friday, October 30;

2) If you received a mail-in ballot and you decide to vote in person you must surrender

your “unvoted” mail-in ballot in the package sent to you at an official election site. If you do not have the mail in ballot you will sign an affirmation at the voting site that you have not already voted in the current election subject to penalties of perjury and criminal felony prosecution;

3) There will be approximately 35 voting sites will be open for the duration of early   

      voting across the Las Vegas and Henderson area;

4) Specific locations will be available for short term as listed below;

5) You may also request a mail in ballot form by filling out the Application.  You will   

     mail this application to the address listed on the form for the county in which you    

     reside or hand deliver the ballot to a polling location.  An absentee ballot must be 

     requested 14 days before election day which is October 20, 2020 but it is best to

     request as early as possible.

https://www.nvsos.gov/sos/home/showdocument?id=8262

VOTING OR ATTEMPTING TO VOTE MORE THAN ONCE IN THE SAME ELECTION IS A FELONY.

                            (NRS 293.760)

Early voting opens in Nevada Saturday, October 17 and runs through Friday, October 30.  Please exercise your right to vote.  The Supreme Court has held “one person, one vote” and every single vote counts.  In the 2016 presidential election, Some states were decided by a small margin of votes.  Michigan was decided by less than 12,000 votes.  Nevada was decided by 27,202 votes.  PLEASE EXERCISE YOUR RIGHT TO VOTE IN  NEVADA.

The Following are a list of the polling locations in Clark County Nevada.

https://cms8.revize.com/revize/clarknv/Election%20Department/EVSched-20Gen.pdf?t=1599145993130&t=1599145993130

LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETS Hours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Arroyo Market Square, EVENT TENT Parking Lot Near the Men’s Wearhouse, CC-215 / S. Rainbow Blvd.
Blue Diamond Crossing, EVENT TENT Parking Lot Between Target and Kohl’s, Blue Diamond Rd. / Arville St.
Boulevard Mall, EVENT TENT SOUTH OF APPLEBEE’S Parking Lot South of Applebee’s on Maryland Pkwy., 3528 S. Maryland Pkwy. / E. Desert Inn Rd.
Centennial Center Home Depot, EVENT TENT Home Depot Parking Lot, 7881 W. Tropical Pkwy. / Centennial Center Blvd.
Cora Coleman Senior Center, 2100 Bonnie Ln. / E. Lake Mead Blvd.
LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETS Hours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Deer Springs Town Center, EVENT TENT Parking Lot Near Home Depot, North 5th St. / E. Deer Springs Way
Desert Breeze Community Center, 8275 Spring Mountain Rd. / S. Cimarron Rd.
Downtown Summerlin Las Vegas Ballpark, EVENT TENT Aviators South Parking Lot, 1650 S. Pavilion Center Dr.
East Las Vegas Community Center, 250 N. Eastern Ave. / Stewart Ave.
Galleria at Sunset, EVENT TENT NEAR LA-Z-BOY FURNITURE GALLERIES Parking Lot, 1300 W. Sunset Rd., East of N. Stephanie St.
Heritage Park Senior Facility, 300 S. Racetrack Rd. / Burkholder Blvd.
Hollywood Recreation Center, 1650 S. Hollywood Blvd., Between E. Sahara Ave. and E. Charleston Blvd.
Las Vegas Athletic Club North, EVENT TENT Parking Lot, 6050 N. Decatur Blvd. / W. Tropical Pkwy.
Las Vegas Athletic Club Northwest, EVENT TENT Parking Lot, 1725 N. Rainbow Blvd., South of Lake Mead Blvd.
Las Vegas Strip Site at Pebble, EVENT TENT Parking Lot, 8755 S. Las Vegas Blvd. / W. Pebble Rd.
Lowe’s Craig / Losee, EVENT TENT Parking Lot, 2570 E. Craig Rd./ Losee Rd.
McCarran Marketplace, EVENT TENT Parking Lot near Peter Piper Pizza, S. Eastern Ave. / E. Patrick Ave.
Meadows Mall, EVENT TENT NEAR DILLARD’S CLEARANCE CENTER Parking Area Yellow 4, 4300 Meadows Ln. / S. Valley View Blvd.
Mountain Crest Community Center, 4701 N. Durango Dr., South of Lone Mountain Rd.
Mountain’s Edge Regional Park, EVENT TENT Parking Lot, 7929 W. Mountain’s Edge Pkwy., East of S. Durango Dr.
Neighborhood Recreation Center, 1638 N. Bruce St. / North of E. Owens Ave.
LONG-TERM EARLY VOTING LOCATIONS WITH ADDRESSES/ CROSS STREETS Hours for All Long-Term Early Voting Sites Are October 17-29 (Saturday-Thursday), 9am-7pm, and October 30 (Last Friday), 9am-Bpm
Nellis Crossing Shopping Center, EVENT TENT Parking Lot Near Target, S. Nellis Blvd. / E. Charleston Blvd.
Paradise Community Center, 4775 S. McLeod Dr., North of E. Tropicana Ave.
Parkdale Recreation and Senior Center, 3200 Ferndale St., North of East Desert Inn Rd.
Silver Mesa Recreation Center, 4025 Allen Ln. / W. Alexander Rd.
Silver Springs Recreation Center, 1951 E. Silver Springs Pkwy., East of N. Green Valley Pkwy.
Silverado Ranch Plaza, EVENT TENT Parking Lot Near PetsMart, S. Eastern Ave. / E. Silverado Ranch Blvd.
Veterans Memorial Leisure Center, 101 N. Pavilion Center Dr., North of Alta Dr.
Walnut Recreation Center, 3075 N. Walnut Rd., South of E. Cheyenne Ave.
West Flamingo Senior Center, 6255 W. Flamingo Rd. / S. Jones Blvd.
Whitney Community/ Recreation Center, 5712 Missouri Ave., West of Boulder Hwy.

SHORT-TERM EARLY VOTING SITES

Open for a Limited Number of Days During Early Voting

Short-Term Early Voting Locations with Addresses / Cross StreetsHours (Dates and Times Vary)
Boulder City, City Hall 401 California Ave. / Arizona St.October 17-18 (Sat.-Sun.)………………………………………………….. 8am-6pm October 19-20 (Mon.-Tue.)………………………………………………….. 7am-6pm
CSN Henderson Campus Student Union, 700 College Dr./ Heather Dr.  October 28-29 (Wed.-Thu.)…. 9am-4:30pm
CSN N. Las Vegas Campus Tyrone Thompson Student Union 3200 E. Cheyenne Ave./ Campus Dr.  October 19-20 (Mon.-Tue.)……………………………………………….. 8am-6pm
CSN West Charleston Campus, Student Union 6375 W. Charleston Blvd./ Community College Dr.  October 28-29 (Wed.-Thu.)……………………………………………….. 8am-6pm
Short-Term Early Voting Locations with Addresses / Cross StreetsHours (Dates and Times Vary)
Desert Vista Community Center 10360 Sun City Blvd./ Thomas W. Ryan Blvd.October 26-27 (Mon.-Tue.)……….. 9am-7pm
Doolittle Senior Center 1930 J St./ W. Lake Mead Blvd.October 17-23 (Sat.-Fri.)………….. 9am-7pm
Dr. William U. Pearson Community  Center, Room C 1625 W. Carey  Ave., West  of  Martin Luther  King Blvd.October 24-29 (Sat.-Thu.)…………. 9am-7pm October 30 (Fri.)………………… 9am-8pm
Laughlin Library 2840 S. Needles Hwy., LaughlinOctober 23-24 (Fri.-Sat.)………… 10am-6pm October 25 (Sun.)…………….. 11am-5pm
Mesquite Deuce 2 Building 150   N. Yucca St., MesquiteOctober 22-24 (Thu.-Sat.)…………. 9am-7pm
Moapa Valley Community Center 320 N. Moapa Valley Blvd., OvertonOctober 21 (Wed.)……………… 9am-6pm
Mountain  Shadows  Community Center 9107 Del Webb Blvd. /  Crown Ridge Dr.October 20-22 (Tue.-Thu.)………… 9am-7pm
Nevada State College, Rogers Student Center 1300 Nevada State Dr., HendersonOctober 26-27 (Mon.-Tue.)…….. 9am-4:30pm
Searchlight Community Center 200 Michael Wendell Way, SearchlightOctober 30 (Fri.)………………… 9am-4pm
Sun City Anthem Center 2450 Hampton Rd. / Anthem Pkwy.October 28-29 (Wed.-Thu.)……….. 9am-7pm October 30 (Fri.)………………… 9am-8pm
Sun City MacDonald Ranch Community Center 2020 W. Horizon Ridge Pkwy. East of Green Valley Pkwy.  October 26-27 (Mon.-Tue.)……….. 9am-7pm
Sun City Mesquite 1350 Flat Top Mesa Dr., MesquiteOctober 25 (Sun.)………………. 9am-7pm
UNLV Lied Library E. Harmon Ave., East of University Center Dr.October 21-23 (Wed.-Fri.)…………. 8am-5pm

We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Five things to Know About the Motor Voter Act of 1993

  1. Required states to allow people to register to vote when getting their driver’s license;
  1. Required states to allow people to register to vote when applying for public assistance;
  1. The “Rock the Vote” movement was credited with helping to get the act passed;
  1. Required the United States Postal Service to mail election materials of a state as if the state was a nonprofit;
  1. The Act prohibited states from removing registered voters from the roles of voting unless very specific criteria were met.

1993: “Motor Voter” Becomes Law

The National Voter Registration Act of 1993 (NVRA) (52 U.S.C. §§ 2050120511) (formerly 42 U.S.C. §§ 1973gg1973gg-10), also known as the Motor Voter Act was signed into law by President Bill Clinton on May 23, 1983. It became effective on January 1, 1995. The act was founded under the elections clause of United States Constitution. The National Voter Registration Act advanced voting rights in the United States by requiring the state governments to offer voter registration opportunities to all eligible persons who applied or renewed a driver’s license, or applied for public assistance. The act further required the United States Postal Service to mail election materials of a state as if the state was a nonprofit. In addition, the law required that states registered applicants that use a federal voter registration form to apply and prohibited states from removing register voters from the roles of voting unless very specific criteria were met. The act was intended to register as many voters as possible as easily as possible. It further forbid the process of states just taking people off the voting rolls for random and inappropriate reasons. 

Following the enactment of the voter rights act of 1965 which addressed discrimination against racial minorities in voting practices, voting rights advocates continued to seek federal legislation to remove other barriers that were in place in various states regarding voter registration. The basic requirements to vote are virtually the same in every state. They are as follows:

1) A voter must be a US citizen;

2) Each person must be at least 18 years old;

3) Every voter must be a resident of the state in which he or she is voting.

Over the years legislative efforts to create national voter registration standards for federal elections failed. In the 1970s, several bills were considered by Congress to require the US Census Bureau to mail voter registration forms to every household but those bills did not pass. Later in the 1970s, there were bills proposed to require certain public agencies to make voter registration forms available and to require election day voter registration but those bills also failed.  Several similar bills were proposed during the 1980s.

Two different bills that did pass in the 1980s made voter registration for federal elections more accessible for certain at risk populations. In 1984, the Voting Accessibility for the Elderly and Handicapped Act was passed which required states to make voting available to elderly and handicapped voters. Congress also passed the Uniform Overseas Citizens Absentee Voting Act in 1986 and that bill required states to mail federal voter registration forms to all overseas and military voters and permit them to register by mail.

However, despite numerous federal acts, voter turnout in federal elections remained very low throughout the 1980s and Congress began to look at creating general voter registration standards. Several bills referred to as “Motor Voter Bills” that required states to allow voters to register at the department of motor vehicles at the time they were applying for a driver’s license were proposed.  Congress finally passed the national voter registration act of 1993. 

 The passage was long overdue and was largely a product of the Rock the Vote movement. In March 1991 the cult rock band REM placed a mail away petition in support of the act on the back of their album Out of Time and encouraged their fans to fill them out and mail them back to “Rock the Vote.” Astonishingly, “Rock the Vote” received over 100,000 such petitions from fans of REM that were all  delivered to the United States Senate in April 1991.  The campaign created by the band has been credited with raising public awareness and support of the Act before it was ever signed into law by Bill Clinton.  As a result, registering to vote has become much easier and reached hundreds of thousands more voters.   The federal courts and Congress have been attempting to provide fair and just access to voting for over 100 years and challenges to such laws continue to arise through today.  

Uniform Federal Voter Form and Challenges to the Act

The act requires states to “use and accept” a uniform federal form that registers voters for federal elections. This creates uniformity in all states for voter registration. Under the Act, the national voter registration form which is commonly referred to as the “federal voter form “and was developed by the election assistance commission is used by voter registration applicants as an alternative to the state registration forms. The act required states to “accept and use“ a uniform federal form that registers voters for federal elections. The federal form makes each applicant a firm, under penalty of perjury, specific matters which include that he or she is a citizen and over 18 years old.  Thus, the Act does not require documentary proof of citizenship, but simply a sworn signature of the applicant that he or she, is in fact a citizen of the United States of America.  Between the years 2004 and 2013, the state of Arizona required voter registration officials to discard any application they received  for registration that was not accompanied by proof of citizenship such as a birth certificate.  This requirement was not part of the federal act.  A group of Arizona residents challenged this law through a nonprofit in federal court. The federal district court granted Arizona summary judgment on the claim however the Ninth Circuit Court of Appeals reversed that holding. The Ninth Circuit Court of Appeals held that the state documentary proof of citizenship requirement was preempted by the federal act. The matter went to the Supreme Court and on June 17, 2013 the United States Supreme Court ruled against Arizona in Arizona v. Inter-Tribal Council of Ariz., Inc. (2013)  In a 7-2 decision written by Justice Anthony Scalia,  the Court held that the Act required the states to “use and accept”  the federal form and that the Act preempted Arizona’s additional documentary proof of citizenship requirement. Therefore,  the Arizona law requiring such additional proof of citizenship besides a sworn affirmation was considered to be unconstitutional.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

THE HISTORY OF MAIL IN VOTING

Five Facts About Mail in Voting

It has been around since the Civil War

  1. 34 States have allowed mail in voting without a need for a reason for decades.
  • Only 16 states require a reason to cast a mail in vote.
  • 33 million votes were cast by mail in the 2016 election.
  • Trump challenged the 2016 mail in votes but abandoned his challenge because there was no evidence to support fraud.
  • State laws allowing mail in voting have been on the books for decades.

When Mail In Voting Began

Mail in voting began as early as the Civil War when soldiers living in encampments wanted to cast their vote for Republican incumbent Abraham Lincoln or Democrat challenger George McClellan in the 1864 election. More than a century later, the  United States is still grappling with mail in voting during a pandemic for the upcoming presidential election. In fact, voting by mail has taken center stage. President Donald Trump has repeatedly stated that he opposes additional funding for the Postal Service to handle the influx that will be coming of mail in ballots during a pandemic election.  He has been quoted as saying “now they need that money in order to make the post office work so I can take all these millions and millions of ballots. ”  Trump further claims that these votes would be “fraudulent”.  However,  it is important to point out again that mail-in voting is not a new concept as many seem to believe. Although the current pandemic has added urgency for states to re-assess the need for in person voting with crowded polling lines,  the system has been in place for well over a  century.  And in fact,  the 2016 election may have ended differently without mail-in voting.  Trump actually did not win the popular vote and in states like Michigan, only 11,000 votes separated the candidates. 

How the US uses mail in Voting

There have been two voting systems that use mail-in voting for decades. The first is an absentee ballot for those who are unable to vote in person due to military service, other duties outside their state or disability. The second is the straight vote by mail which is open to all voters. Every state has offered some form of absentee voting since voting began. In some of those states voters have needed a valid reason such as an illness or living outside the state in order to request a ballot by mail. However,  34 states currently have in place no excuse absentee balloting which allows any registered voter in the state to request an absentee ballot in order to vote by mail which as follows:

StateDetails
Alaska Alaska Stat. § 15.20.010No-excuse absentee voting
Arizona Ariz. Rev. Stat. § 16-541No-excuse absentee voting
California Cali. Elec Code § 3003No-excuse absentee voting
Colorado Colo. Rev. Stat. §1-5-401  All-mail elections
District of Columbia D.C. Mun. Regs. Tit. 3, § 720No-excuse absentee voting
Florida Flor. Stat. § 101.62No-excuse absentee voting
Georgia Georgia Code § 21-2-380No-excuse absentee voting
Hawaii Hawaii Stat. §11-101All-mail elections
Idaho Idaho Code §34-1001No-excuse absentee voting
Illinois 10 ILCS 5/19-1No-excuse absentee voting
Iowa Iowa Code § 53.1No-excuse absentee voting
Kansas Kan. Stat. Ann.§ 25-1119(a)No-excuse absentee voting
Maine 21-A ME Rev Stat § 751No-excuse absentee voting
Maryland Md. Elec Law §9-304No-excuse absentee voting
Michigan M.C.L.A. 168.759No-excuse absentee voting
Minnesota Minn. Stat. § 203B.02No-excuse absentee voting
Montana Mont. Code § 13-13-201No-excuse absentee voting
Nebraska Neb. Rev. Stat. Ann. §32-938No-excuse absentee voting
Nevada NRS §293.313  (1960)No-excuse absentee voting
New Jersey N.J. Rev. Stat. § 19:63-3No-excuse absentee voting
New Mexico N.M. Stat. § 1-6-3No-excuse absentee voting
North Carolina N.C. Gen Stat § 163-226No-excuse absentee voting
North Dakota N.D. Cent. Code § 16.1-07-01No-excuse absentee voting
Ohio Ohio Rev Code § 3509.02No-excuse absentee voting
Oklahoma 26 OK Stat § 26-14-105No-excuse absentee voting
Oregon Ore. Rev. Stat. §254.465All-mail elections
Pennsylvania 25 P.S. § 3150.11No-excuse absentee voting
Rhode Island R.I. Gen Laws § 17-20-2No-excuse absentee voting   (Rhode Island lists several excuses to vote absentee, but also specifies “No specific reason necessary.” Since any Rhode Islander can request an absentee ballot, NCSL has categorized it as no excuse required.)
South Dakota S.D. Cod. Laws § 12-19-1No-excuse absentee voting
Utah Utah Code Ann. §20A-3a-302All-mail elections
Vermont 17 VSA § 2531No-excuse absentee voting
Virginia VA Code Ann. § 24.2-700No-excuse absentee voting
Washington Rev. Code of Wash. 29A.40.010All-mail elections
Wisconsin Wis. Stat. § 6.86 (1)(ac)No-excuse absentee voting
Wyoming WY Stat § 22-9-102No-excuse absentee voting
https://www.ncsl.org/research/elections-and-campaigns/vopp-table-2-excuses-to-vote-absentee.aspx

Given the current pandemic state, it is likely that anyone in the country could request an absentee ballot based on the pandemic.  It is important to note that most of these laws for absentee  voting without condition have been on the books for decades.   In the face of the coronavirus pandemic, the states  have decided that voters in every state, with the exception of Mississippi and Texas, will  be allowed to vote by mail or by absentee ballot in this year‘s elections based upon public health and safety concerns. However,  the current president is attempting to undermine and cast doubt upon a system of voting that has literally been in place since the Civil War. He wants people to believe that this is a new and rushed system that is without assurance of credibility. Fact check,  that is completely inaccurate. Again, this system has been in place again for over 150 years. It is only the current crisis that has now created the need for a larger use of the system.

However, the controversy surrounding mail in voting does date back to the Civil War. Before that time, only the state of Pennsylvania granted soldiers the right to use an absentee ballot. That process was changed as thousands of soldiers remain deployed far from their home states building up to the 1864 presidential election which is likely the most critical election in our nation’s history before the current time; and it is ironic that the need for racial equality was the basis for the extreme need to allow every person to exercise their right to vote regardless of their location at the time. From 1862 to 1865, 20 northern states changed laws requiring in person voting allowing deployed soldiers to vote. However, even that far back, the issue quickly became a partisan issue between Republicans who supported the cause and needed the soldiers to vote and the Democrats who feared that the Republican military leadership would tamper with the results. The Democratic Party at the time alleged that Republican interference and fraud would taint the election.

Since that time, nine different state supreme courts heard challenges to the laws and determined whether remote voting was constitutional or not. Four states struck down the absentee voting process based on fears of fraud. At the end of the 1800s, many states had expanded their laws to allow homebound or traveling voters to cast their vote in the elections. Over the next  hundred years the process has been in place, numerous anti-fraud protections have been built in to mail in balloting systems including signature verification, drop boxes in secure locations, and address confirmations. No evidence exists that mail in voting  increases electoral fraud.  In 20 years and 250 million mail- in votes, there have only been 143 criminal convictions related to fraudulent absentee ballots being cast. Donald Trump did challenge the 2016 presidential election where 33 million votes, almost 1/4 of the total votes cast, we’re cast by mail-in voting in that election. Although President Trump appointed a commission to investigate voter fraud after claiming millions of illegally counted mail-in votes, his claim was later abandoned as there was no evidence to support such claims. In fact,  ironically, President Trump himself cast his vote by mail in absentee ballot from Florida.

Stanford University recently released a study examining elections in three states from 1996 to 2018 and found no personal advantage from mail-in  voting. https://siepr.stanford.edu/news/new-research-voting-mail-shows-neutral-partisan-effects .   The study stated “claims that vote-by-mail fundamentally advantages one party over the other appear overblown” the authors wrote. “In normal times, based on our data at least, vote-by-mail increased  participation while not advantaging either party.“

The controversy of vote-by-mail ,which has been around since the Civil War soldiers started filling out their ballots from their military stations, continues to exist. However, according to a recent poll by the PEW research center, more than 70% of Americans feel that voting should be accessible to all including by mail. Despite recent attacks from the Trump administration, most states are moving forward with mail in voting in light of the pandemic. Some experts do believe that a majority of the ballots cast in this November‘s election will arrive by mail.

However you decide to vote this year, it is a critical  election in our nation’s history and my staff and myself at TheOneLawyer.com implore you cast your ballot.  One-person, One vote, every vote matters. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

What is gerrymandering and how does it work

What Is Gerrymandering? And Why Does it Matter?

Here’s what you need to know about the legal battle over the manipulating of district maps to entrench a governing party’s political power.

You may have heard the term gerrymandering over the years and really not thought twice about it. However, it is an extremely partisan issue that has given unfair advantage to certain political candidates throughout our history. In honor of the upcoming election my blogs will focus on voting rights and electoral issues to better understand the process and what these concepts mean and how they translate to in modern day politics. First let’s start with defining the basic concept of gerrymandering.

Gerrymandering defined

To put it succinctly, gerrymandering is a practice that is used to establish an unfair political advantage for one party by manipulating the boundaries of voting districts. Another way to look at it is when one political group tries to change the voting districts to create pockets that are predominantly one party or the other. The practice puts more votes of the winners into the district.  It is a re-drawing of the boundaries of voting districts in the state in order to favor one party in those districts. Historically, political districts were re-drawn to under represent minority classes and favor Caucasian voters. A synonym for gerrymandering would be to manipulate. Although this may seem like an illegal practice the various Supreme Court decisions and political rallying have created a haven for unfair practices to continue through centuries throughout our nation’s history.

What are Voting Districts and How Can They Be Manipulated?

In writing this blog, I myself had to research various issues to come to a solid understanding of exactly how gerrymandering impacts our elections and how they can be skewed so drastically based upon this political act. It is important to understand what an electoral district really is and how it is drawn. An electoral district is often also known as an election district, a precinct, an electoral area, a constituency, a voting district, a legislative district, or electorate. For purposes of this blog, we will refer to an electoral district which is an administrative subdivision of a larger state administrative region created to provide its population with representation in the larger states legislative body. The legislative body determines each district’s boundaries and whether that district will have one representative or more than one representative. Districts can be drawn on any basis and not necessarily based on population. By drawing districts wear a large number of minority voters reside and only have one representative can drastically change the political balance of power in the state regardless of the popular vote. This means that the majority of the state can vote Democrat but because of the districts the Republicans can take Control.

Example

Although this example is a huge simplification, let’s say that we have a small state with 50 people where there are 20 Democrats and 50 Republicans with five districts. By using a state with 50 people, it is clear to see how the drawing of districts can determine the political outcome of elections. The process is exactly the same as the example of a 50 person state below. Districts are drawn to exclude or include more of one party or another which gives control of the House and Senate unfairly.  This process has been used to create lopsided representation in the house for the past several elections.

Let’s take an example play out this example of the fifty person state. The lines can be drawn so that there are three district’s entirely Republican, and two districts entirely Democrat with 10 Democrats each of two districts and 10 Republicans each in three districts.  Contrarily, the lines can be drawn so that all five districts have a majority of Republicans by placing six Republicans and four Democrats in each district.  You can also slice up the Districts so that, although there are only 20 Democrats, you can organize it so that there are five districts three of which have six Democrats and four Republicans so that the Democrats can control three of the five seats even though they are a minority in numbers.

It is important to note that generally the controlling party draws the district lines to determine the voting districts. You can see how gerrymandering can drastically impact political representation. You can draw the lines specifically to favor one party and have all or a majority representatives elected from that party even if that party is actually only a minority of the voting sector.

This is the best way that I have found to explain gerrymandering to establish the profound impact that has on our elections. In Baker vs Carr,  369 U.S. 186 (1962) the United States Supreme Court declared that gerrymandering is illegal,  however , it is a practice that is commonly used in most states. And given the fact that the controlling party is the one that draws the district lines, you can see how a change of power can become difficult or impossible.  In the landmark case of Baker, A lawsuit was filed against the state of Tennessee because they had not conducted redistricting for over 50 years. The state argued that the composition of the various legislative districts in their state constituted a political question and not a matter for court decision as the presidential case of Colegrove vs Green, 328 U.S. 549 (1946), was the US Supreme Court case that held “one person, one vote”

In Justice Baker vs Carr, William Brennan delivered the 6 to 2 m decision that was strongly dissented by the other two justices ruling that redistricting was a political question but remanded the case to the federal courts for further adjudication.  In that case, the plaintiff was Charles Baker who was a republican and lived in Shelby county Tennessee and had served as mayor of the small town of Millington. Without going into a long statement of the facts, the case perplexed the judges who actually asked for a re-argument of the case which is very unusual because there was not a clear majority after the first arguing of the case. The issue, which has been going on for centuries was:

Is districting of political districts a matter for the state’s government and not the courts or does the fact that redistricting disenfranchises certain minority populations fall within the Equal Protection clause of United States Constitution?

The decision was handed down almost a year after the case was argued and the court split 6-2 ruling that Baker’s case was a matter for the courts with three concurring and two dissenting opinions. William Brennan reformulated political question doctrine and identified six factors to determine which cases were political in nature giving rise to judicial interpretation.  The standards laid out by Justice Brennan in the decision were as cool confusing as much of the text of the decision as far as making a practical application. Therefore gerrymandering continues as a political practice with challenges on going around the country to this day.

So How is Gerrymandering Used?

Although the definition seems difficult the concept dates back to the beginning of politics in this country and really is a remnant of political divide and racism in this country. In the case of Shaw vs Reno, 509 U.S. 630 (1993),  North Carolina planned to redraw their district lines to create one majority black district instead of several districts that were actually a majority of African Americans.  Remember, lines do not have to be drawn according to population.  This was a landmark United States Supreme Court case in the area of manipulating political districts and racial gerrymandering. The court held in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause.  In that case, the U.S. Attorney General rejected a North Carolina congressional redistricting plan due to the fact that the plan created one black-majority district. Five North Carolina residents filed a lawsuit challenging the constitutionality of this oddly shaped redistricting plan, alleging that its only purpose was to secure the election of additional black representatives. Following a three-judge District Court ruling that plaintiff’s failed to state a constitutional claim, the plaintiff appealed to the US Supreme. The court held the State created a racially gerrymandered district which was invalid under the Fourteenth Amendment’s Equal Protection Clause.  The case was remanded for further review.  In that case, the state was attempting to provide political representation for minority voters with an extremely creative and obvious use of political districts.

In the United States, each state elects a specific number of representatives based upon population for the house. The larger your population, the more representatives you have. Each representative represents a district Which is a specific geographic area representing their voters.   Ideally, you want to have a range of voters who represent the views of the political population across the state. However, gerrymandering specifically rebukes that ideal and creates districts that represent a majority of a specific party.  This process of re-drawing the party lines in districts is known as gerrymandering and has been used for the last two centuries. In fact, Governor Eldridge Gerry of Massachusetts in 1810 redrew the map of the senate districts in 1810 in order to weaken the federalist   party and the term was created.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.  

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.