New Nevada Laws Passed in 2021 Impacting Nevada Elections and Voter Rights
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NevadaVoter Bill of Rights
The Nevada Voters’ Bill of Rights, as outlined in NRS 293.2546, includes the following provisions:
- Each voter has the right to receive and cast a ballot that is written in a format that allows the clear identification of candidates, and accurately records the voter’s preference in the selection of candidates.
- Each voter has the right to their questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
- Each voter has the right to vote without being intimidated, threatened or coerced.
- Each voter has the right to vote on Election Day if the voter is waiting in line at his or her polling place to vote before 7:00 PM.
- Each voter has the right to return a spoiled ballot and is entitled to receive another ballot in its place.
- Each voter has the right to request assistance in voting, if necessary.
- Each voter has the right to a sample ballot which is accurate, informative and delivered in a timely manner.
- Each voter has the right to receive instruction in the use of the equipment for voting during early voting or on Election Day.
- Each voter has the right to have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military, or a citizen who is overseas.
- Each voter has the right to have a uniform, statewide standard for counting and recounting all votes accurately.
- Each voter has the right to have complaints about election contests resolved fairly, accurately and efficiently.
Yes, there is a Nevada Voter Bill of Rights that applies to each Nevada voter. You may have heard a lot in the news lately over voting rights. This is an extremely partisan issue that has given unfair advantage to certain political candidates throughout our history. The Nevada legislature focused on voting rights and electoral issues in their last session and passed some groundbreaking Legislation. Nevada will now hold the first presidential caucuses in the natation. In addition, for the safety of all Nevadan’s 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. It is clear from the overall text and improvements made to our voting scheme that the Nevada legislature clearly had the intent to open the polls and make voter access and registration as easy as possible for Nevada residents. Unlike many states in this country who are currently attempting to restrict voter access and trading laws that prevent many from having access or being able to do participate in the voting process Nevada is on the forefront of creating a system which will allow every Nevadan the easiest and most efficient way to cast their ballots and exercise their constitutional right to vote.
As historical background, legal barriers to voting have existed in this country since it was founded, and unfortunately, continue to exist to this day. The voting rights act of 1965 was significant legislation to overcome many historical barriers that discriminated against minority voters. This discriminatory pattern dates back to the founding of our country. Shortly after the Civil War ( 1861 to 1865) the states ratified the Fifteenth Amendment that guaranteed that the right to vote could not be denied “ on account of race, color, or previous condition of servitude.” Unfortunately, the still Confederate south was not amiable to following the newly enacted laws. As a result, Congress continued to act enact legislation that made it a federal crime to interfere with an individual’s right to vote and to protect the rights of voting for minorities. Even with Federal legislation in place for over fifty years, inequalities and barriers still exist for many Americans in being able to cast their ballot. Nevada is on the forefront of eliminating as many barriers and obstacles as possible to allow each and every Nevada resident over 18 to cast their vote.
Elections
Assembly Bill 121: Assembly bill 121 allows special accommodations for our disabled voters in Nevada. This bill requires the Secretary of State to allow a voter with a disability to register to vote and to cast an absent ballot using the system approved electronic transmission. This is the same system that is used for military and overseas voters to be able to cast their ballot while they are serving our country. This bill also eliminates the requirement that a voter needs to cancel their registration if they want to change parties. In addition, it also extends the deadline for uniform military and overseas voters to submit an application to register to vote or to request an overseas ballot. These changes will allow our disabled voters and our military personnel easier access to voting in the state of Nevada. It will also allow for an easier change of party if anyone is considering that after the past several tumultuous years of political upheaval.
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7442/Text Effective January 1, 2022.
Assembly Bill 126: Assembly bill 126 will make Nevada the first state to hold a presidential caucus in the country in the next presidential election. The bill establishes the requirements and procedures for conducting a presidential preference primary election to determine the preferences of the registered voters of the major political parties in the state of Nevada. This bill is somewhat groundbreaking and will push Nevada politics to the forefront of national attention. Iowa has historically been the first caucus to go forward and establish a foreshadowing of voter tendencies. Nevada will now become the first state to give national indication of voter preferences.
https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7448/Text Effective January 1, 2022.
Assembly Bill 321: Assembly Bill 321 is also groundbreaking and was at the forefront of the Trump administration’s many challenges to the elections of 2020. This bill makes mail in voting permanent in the state of Nevada and improves our election process to allow greater voter access. Unlike many states who are moving to create more restrictive voting laws, Nevada is moving forward to expand voting access for all our residents. I commend the Nevada legislature for expanding voting rights for Nevada citizens and using their best efforts to allow every registered voter in Nevada to have access to the ballot box. Although many people think that mail in voting was created for the pandemic, that is simply not true. Mail in voting has been in effect in this country for over one hundred years. The pandemic just emphasized the need for all citizens to be able to cast their ballot regardless of their health or current location. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7842/Text
Effective Jan 1, 2022.
Assembly Bill 422: Assembly Bill for 22 requires a statewide and centralized database of voter records to be implemented by 2024. It seemed very crazy to me that in 2020 such a database does not exist in the state. However, apparently it does not. This bill requires the Secretary of State to create a centralized database that collects and stores voter pre-registration and registration information from all counties in the state of Nevada. This bill further requires the clerk of each county to use the database created by the Secretary of State to collect and store pre-registration and registration voting information of the residents of that county. The bill also has built-in oversight provisions to allow the Director of the Legislative Council Bureau to oversee this process. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8054/Text Effective January 1, 2024.
Assembly Bill 432 Assembly Bill 432 expands the list of state agencies that offer automatic voter registration. This is groundbreaking and will also allow much greater access and easier participation for Nevada residents to register to vote. Historically, when you obtain your driver’s license you are allowed to automatically register to vote at the same time. This bill will allow this same service to be conducted in other state processes. This bill provides that additional agencies of the executive department of state government will offer automatic voter registration to its participants. This bill further authorizes the Governor of the state of Nevada to designate additional state agencies and certain government agencies as automatic voter registration agencies. It also sets forth the requirements for automatic voter registration. It allows for these agencies to transmit certain voter registration information directly to the Secretary of State and to the county clerks. It is likely that the health department will allow voter registration when obtaining a health card as well as other county services. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8087/Text Effective January 1, 2024.
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