Voting Rights

By April Corbin Girnus, Nevada CurrentThis piece was originally published by the Nevada Current.

Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest.

El voto es la piedra angular de nuestra democracia y el derecho fundamental sobre el que se basan todas nuestras libertades civiles.

Citizen Outreach Foundation seeks to remove over 19,000 registered voters from the Clark County voter rolls ahead of the November 2024 presidential election. The removals are based on National Change of Address (NCOA) data, which they claim shows these individuals are no longer residing at their registered addresses. The ACLU of Nevada (ACLUNV) has filed a motion to intervene in the case, arguing that removing voters based solely on NCOA data violates both federal and state laws, which prevent systemic voter roll maintenance within 90 days of an election. The ACLU also argues that these challenges do not meet the requirements under Nevada law. At least fourteen ACLU members are among the voters being challenged. If the requested relief is granted, thousands of eligible voters could be wrongfully purged from the voter rolls, impairing their right to vote by mail or altogether disenfranchising them just weeks before the election. The organization further asserts that such a decision would set a dangerous precedent, leading to mass, arbitrary voter challenges. ACLUNV seeks to ensure that the voter roll maintenance laws are followed, safeguarding the right to vote for all eligible voters in Clark County.

During the 2024 Presidential Preference Primary, a nonpartisan observer who is also an ACLU of Nevada staff member was denied access to observe the election process by the Nye County Clerk's Office. The county implemented a policy that limited only one election observer per political affiliation, even when there was space available, violating Nevada law and the Nevada Constitution, which protects individuals’ right to observe voting, handling, and processing ballots. The ACLU of Nevada filed a lawsuit against Nye County for violating these rights by prohibiting them from observing the voting process. Our Nevada Constitution protects the right to access to information and access to observe government activities, ensuring there is transparency in our democratic processes. This case seeks to affirm the rights of Nevadans to uphold election transparency and prevent viewpoint discrimination in our democracy.

In Nevada, people who are detained in a city or county jail are being held pre-trial or are 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 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 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.

The ACLU of Nevada has filed a motion to intervene in a lawsuit filed by the Citizen Outreach Foundation. The lawsuit seeks to remove over 19,000 registered voters from the voter rolls in Clark County, seven of whom are ACLUNV members. The challenge is based on the use of the National Change of Address (NCOA) database, which the petitioners claim indicates that these voters no longer reside at their registered addresses. The ACLU of Nevada argues that this method of challenging voter eligibility is unlawful under both state and federal law, particularly because such voter roll purges cannot be conducted within 90 days of an election. Furthermore, the organization argues that removing voters solely based on NCOA data without personal knowledge of their residency violates Nevada’s legal standards. The ACLU is intervening to protect their right to vote and prevent unlawful disenfranchisement just weeks before the November 2024 presidential election.