ACLU of Nevada v. Elko County

In Nevada, people who are detained in a city or county jail are either pre-trial or serving a misdemeanor sentence and, therefore, have not lost their right to vote. Despite never losing this right, eligible voters detained in Nevada jails have continuously been denied meaningful access to the ballot box. Recognizing the unique constraints and widespread disenfranchisement of voters taking place in Nevada jails, the 2023 Nevada Legislature passed Assembly Bill 286, mandating that jail administrators work with the city or county clerk to implement policies and procedures that would ensure eligible voters detained in these facilities can register to vote and cast their ballot in an election.

Since the bill took effect on January 1, the ACLU of Nevada has been monitoring the implementation of the policies and procedures outlined in AB286, which should have been in place for the Presidential Preference Primary; however, public records requests revealed that the Elko County Jail had not implemented such policies and continues not to be compliant. ACLUNV attorneys sent a demand letter to the jail, urging them to be compliant with the law, or legal action would take place. The jail continues not to be compliant.

Without the implementation of these policies and procedures as outlined in the bill, eligible voters detained in Elko County Jail will continue to be disenfranchised and have their voices silenced ahead of a critical election year.

UPDATE: On May 29, 2024, ACLU of Nevada and Elko County reached a settlement, and the jail is now fully compliant with AB286.