Nonpartisan Voting Rights Groups to Guard Nevada’s 2026 Primary Election

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.

On Oct. 4, 2022, the American Civil Liberties Union of Nevada filed a lawsuit against Nye County to prevent the county from moving forward with its proposed unlawful hand-counting scheme during this year’s elections. We are representing Nye County voters who risk having their freedom to vote suppressed by the county’s proposed procedures for this year’s election. The case is ACLU of Nevada v. Nye County, Case No. CV22-0503. We are asking the Fifth Judicial District court to prohibit the county from publicly announcing the selected candidates on each ballot prior to the close of polls on Election Day, from limiting the use of ADA touch screens to individuals with so-called “special needs,” from allowing election workers to ask about a voter’s disability or turn away otherwise eligible voters based on arbitrary decision making, and from using “stringent signature verifications” that violate state law. UPDATE: On November 15, 2022, the Supreme Court of Nevada denied issuing a ruling to stop Nye County from conducting a hand-count of ballots received in the 2022 midterm election.

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.

Across the nation, the federal government is attempting to dismantle long-standing protections for free speech, privacy, equality, and democracy. But freedom doesn’t just live in the courts or in Washington. It begins right here, in Nevada. Our cities, counties, and communities can be the first line of defense against federal overreach. ACLU of Nevada’s FIREwall for Freedom campaign is both a proactive and responsive strategy to protect our rights and our people from unlawful federal interference. When local leaders refuse to be complicit in unconstitutional acts, when city councils pass protections, and when neighbors look out for each other, that’s how democracy endures. Local policies, local leadership, and local courage can stop unconstitutional federal actions before they take root.