Spokesperson

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Athar Haseebullah

Executive Director

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Sadmira Ramic

Senior Staff Attorney

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Media Contact

Communications Department, [email protected]

LAS VEGAS — The ACLU of Nevada has been working with local governments throughout Nevada to implement policies to give eligible voters detained in these facilities streamlined access to the ballot box. Today, the organization confirmed seven jails are now fully compliant with the law as outlined in Assembly Bill 286.

Earlier this year the nonpartisan nonprofit organization issued demand letters to Nevada jails when it discovered those facilities were not in compliance with Assembly Bill 286, sponsored by Assemblywoman Brittney Miller during the 2023 Nevada Legislative Session, which requires local jails to create processes to allow those in local jails to vote. People detained in jails are either being held pre-trial or serving a misdemeanor sentence, and have not lost their constitutional right to vote.

In March, ACLU of Nevada attorneys presented a compliance check of the bill by Nevada jails to the Interim Legislative Operations Committee and gave a deadline to respond before legal action would ensue. While several jails reached out to work with us on compliance, Elko County did not respond, resulting in the organization filing a lawsuit against the county.

Elko County thereafter worked directly with the organization and, on Wednesday, reached a settlement agreement with the county, adopting necessary provisions to ensure compliance. The following jails have also worked directly with ACLU of Nevada and are now in compliance with the bill: Mineral, Washoe, North Las Vegas, Henderson, Carson City, and Clark County.

ACLU of Nevada voting rights attorney Sadmira Ramic said:

“AB286 was specifically designed to reduce the disenfranchisement of eligible voters in our jails during election years. At the time it went into effect, no jails were compliant with the law and disenfranchisement was at risk to continue. Through collaboration between the ACLU of Nevada and the jail administrators and county clerks, most jails throughout the state now have policies that create access to the ballot box for eligible voters. We will continue to fight back against outdated policies that undermine our democracy.”

ACLU of Nevada executive director Athar Haseebullah said:

“Every Nevada voter deserves the right to have their voices heard, and people detained in our jails are no exception. Assemblywoman Miller, who sponsored this bill, the Nevada Legislature, and Governor Lombardo all realized this when approving AB286. Thousands of Nevadans now have the chance to be heard and rightfully participate in our democracy. While it’s disappointing our jails would only implement such policies after demands and court filings, we remain encouraged by local governments to come into conformance with the law and remain grateful Elko County came to the negotiating table and is now compliant with AB286. We will continue to work with remaining Nevada jails to ensure the right to vote is accessible to eligible voters no matter where they are.”

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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.
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