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Nevada Voting Policies Referendum (2022)

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Nevada Voting Policies Referendum
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Election date
November 8, 2022
Topic
Voting policy measures
Status
Not on the ballot
Type
Referendum		Origin
Citizens

The Nevada Voting Policies Referendum (#R-01-2022 ) did not appear on the ballot in Nevada as a veto referendum on November 8, 2022.

The referendum would have repealed portions of Assembly Bill 321 (AB 321), which authorized automatically sending mail-in ballots to all registered voters, permitted ballot harvesting, and counted ballots received without a legible postmark on election day.[1]

Text of measure

Description of effect

The description of effect is as follows:[1]

“

This referendum asks the voters to approve or disapprove of the selected provisions of Assembly Bill 321 (AB 321) related to changes in the election laws. In 2021 the Legislature enacted changes to election procedures in Nevada to require that each active registered voter automatically receive a mail ballot, to permit ballot harvesting, and to require mail ballots without a legible postmark received after the close of the polls be accepted as postmarked on or before the day of the election.

If voters approve this referendum, the referenced sections of AB321 voting procedure changes cannot be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by direct vote of the people. If the voters disapprove this referendum, then automatically sending mail ballots to all active registered voters, ballot harvesting, and allowing mail ballots without a postmark received after the election day to be counted will be disallowed and cannot be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by direct vote of the people.[2]

”

Full text

The full text of the referendum can be read here.

Repair the Vote PAC sponsored the initiative. [[David Gibbs (Nevada)|David Gibbs, who is a former chairman of the Clark County Republican Central Committee and a 2018 Republican congressional primary candidate, registered Repair the Vote PAC.[3][4]

Path to the ballot

See also: Laws governing the initiative process in Nevada

The state process

In Nevada, the number of signatures required to qualify a veto referendum for the ballot is equal to 10 percent of the total votes cast in the most recent general election. Moreover, signature gathering must be distributed equally among each of the state's four congressional districts. The initial filing of the petition application cannot be made before August 1 of the year preceding the election year. The signature petitions must be filed with county officials by the third Tuesday in June of an even-numbered year. The final submission of signatures to the secretary of state must be made at least 120 days before the next general election.

The requirements to get a veto referendum certified for the 2022 ballot:

Signatures are verified by county clerks using a random sampling method if more than 500 signatures were submitted in that county.

Details about this initiative

  • Repair the Vote PAC filed the referendum on January 26, 2022.[3]

Lawsuits

Lawsuit overview
Issue: Whether the description of the effect of the measure on petitions is confusing, argumentative, and misleading
Court: Carson City District Court
Plaintiff(s): Eric Jeng and Emily Persaud-ZamoraDefendant(s): Nevada Secretary of State Barbara Cegavske

  Source: The Nevada Independent

On February 18, 2022, attorneys from the firm of Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP and Elias Law Group LLP filed a lawsuit on behalf of Eric Jeng and Emily Persaud-Zamora alleging that the description of this initiative is confusing, argumentative, and misleading.[5][6]

The lawsuit argues that the description should but does not state that if voters decide to repeal the targeted provisions, the referendum “would do away with protections given to voters who may need assistance completing and delivering their ballots due to age, physical disability or the inability to read or write. [...] This blatant omission prevents voters from being informed of the petition’s true effects.”[5]

David Gibbs, who registered the Repair the Vote PAC, said, “It’s a frivolous lawsuit, brought by D.C. Democrat elite Hillary Clinton’s lawyer trying to stop the will of the people from improving our election security. We took the language directly from the Texas law that’s been adjudicated. The courts are not going to change the will of the people. So they're going to go, ‘Hey, the people get a chance to decide this, not some … D.C. elite law firm.' [People] need to have the faith that when they fill out their ballot, it’s going to be delivered and it’s going to be counted.”[5][6]

Attorney's for Jeng and Persaud-Zamora also filed a lawsuit against an initiative petition filed by the Repair the Vote Pac.[5]

On February 28, 2022, Sigal Chattah, a Republican candidate for attorney general, filed a motion to intervene on behalf of the Repair the Vote PAC.[5]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Nevada Secretary of State, "R-01-2022 Text," accessed February 1, 2022
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ 3.0 3.1 Nevada Secretary of State, "2022 Petitions & General Election Ballot Questions," accessed February 1, 2022
  4. ↑ Nevada Secretary of State, "Repair the Vote PAC committee registration form," accessed March 1, 2022
  5. ↑ 5.0 5.1 5.2 5.3 5.4 The Nevada Independent, "Lawsuits aim to block ballot questions on voter ID, mail voting rollback," March 2, 2022
  6. ↑ 6.0 6.1 The Nevada Globe, "Clinton Law Firm Files Suits to Stop Election Integrity Ballot Initiatives," March 1, 2022
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