Tag Archives: Nevada voting rights

Ripped from a few Headlines: Friday Edition

If you haven’t already seen the New Yorker article concerning Trump, Putin, and what the Russians want…click immediately for some excellent reporting and analysis. Here’s a taste:

“The great fear is the neutering of NATO and the decoupling of America from European security. If that happens, it gives Putin all kinds of opportunities. If Trump steps back the way he seemed to as a candidate, you might not even need to do things like invade the Baltic states. You can just dominate them anyway. You’re beginning to see the collapse of institutions built to insure our security. And if that happens you will see the re-nationalizing of Europe as a whole.”


If anyone is counting, and they are, there have now been THREE Jewish cemeteries vandalized within the last few weeks, St. Louis, Philadelphia, and Rochester, NY. And then there are the bomb threats to Jewish community centers.

“In all, 48 JCCs in 26 states and one Canadian province received nearly 60 bomb threats during January, according to the JCCA, an association of JCCs. Most were made in rapid succession on three days: January 9, 18 and 31. A number of JCCs, including Orlando’s, received multiple threats. On February 20, another wave of bomb threats hit 11 JCCs across the country, bringing the total to 68 incidents targeting 53 JCCs, according to the JCCA.” [CNN]

It would appear that while most people are protesting immigration related raids, Muslim travel bans, and assorted Trumpian outrages, others are taking the opportunity to express their antisemiticism, racism, and bigotry.


Meanwhile in the last two months four mosques have been attacked by arsonists.  The Oval Office remains silent:

“The press has certainly covered Trump’s attitudes—and those of his top advisors—toward Islam, particularly since he announced a ban on travel from seven majority-Muslim nations on January 27. But attacks on American mosques have received far less attention than the bomb threats against Jewish Community Centers. As far as I’m aware, no reporter has asked Trump about them at a press conference. And no major network would suggest that Trump’s failure “to adopt a stern, public line” against Islamophobia has been “politically damaging.”


Floating around in the Swamp, the Trumpster Regime — again (and again) says there was no connection between the campaign and Russian operatives. This, of course, goes nowhere toward explaining the contacts made by Paul Manafort, Carter Page, Jeff Sessions, Jared Kushner, Roger Stone, Rudy Giuliani, Michael Flynn, … and what names are to come?


The most bizarre explanation for opposing Motor Voter/automatic  registration in Nevada comes compliments of Nevada’s political gadfly and whack job Ira Hansen, did you miss this one?

“Assemblyman Ira Hansen, R-Sparks, was the most vocal opponent during the committee hearing and said it represented an overreach of people’s privacy, especially those who don’t want to partake in the electoral process.”

 

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Filed under Foreign Policy, Hate Crimes, Immigration, Nevada legislature, Nevada politics, Politics, racism, Voting, White Supremacists

Questions Remain About Nevada Crosscheck Program

I must admit I’m not fundamentally opposed to the Interstate Voter Registration Crosscheck Program – IF it will prevent Allistair Barrenfarm Gotrocks IV from rolling his Bentley to his convenient polling precinct in the Hamptons early on some fine election morning, then hopping into his Bombardier Global 8000 to his equally convenient polling station for his second home in Florida; while his absentee ballot is counted in his resort community of Ketchum, Idaho.  This, I could do without.  However…

As RollingStone magazine pointed out last August, this isn’t the ulterior purpose of the Crosscheck Program.   The process was supposed to have included names (including middle names and initials) birthdays, and Social Security numbers.   If the voting officials in a particular state don’t require the Social Security number, the birthday, and the middle name all that the Crosscheck list presents is a mass of very common names.  And, the bias begins:

“This inherent bias results in an astonishing one in six Hispanics, one in seven Asian-Americans and one in nine African-Americans in Crosscheck states landing on the list. Was the program designed to target voters of color? “I’m a data guy,” Swedlund says. “I can’t tell you what the intent was. I can only tell you what the outcome is. And the outcome is discriminatory against minorities.”  [RollingStone]

The response from Nevada, which participates in the Crosscheck program,  was a bit confusing.  A Nevada official replied to the Crosscheck question by saying:

“I can’t comment specifically on their study. What I can say is that in Nevada, we follow the federal and state procedures when it comes to removing voters from the rolls. We don’t look at a person’s name. We don’t actually collect demographic data on voters, so we don’t know race, ethnicity on any voters in our list.” [News4]

How can maintenance of up to date voter registration lists be done without looking at names? Either John P. Smith, of Henderson, NV has voted in the last two general elections – or he hasn’t.  He’s either been declared dead by Social Security officials – or he hasn’t.   The official from the Nevada Secretary of State’s office got a bit more specific:

“Wayne Thorley, Nevada’s deputy secretary of state for elections, counters that the program just matches data and doesn’t target anyone.
“Just because someone comes back as a match on the Interstate Crosscheck list, it doesn’t automatically trigger cancellation of their account,” he said. “And then, further investigation is done by the state.”
He said Nevada also uses the Electronic Registration Information Center to match names from the Crosscheck list with DMV records. Voters then get a postcard to verify their address and if they don’t respond and don’t vote in two elections, they’re dropped from the rolls.” [PNS.org]

It seems that names do matter?  However, there are still questions which might be raised about how the Crosscheck list is actually used in Nevada. For example:  What further investigation is done by the State?  Does this mean that the election officials just compare the voter registration with DMV records?   The NAC can provide us with a bit more clarification regarding how the Secretary of State’s office is to handle voter lists:

NAC 293.462  Verification of information by Secretary of State. (NRS 293.124, 293.675)  On each business day, the Secretary of State will check the contents of the statewide voter registration list by:

     1.  Determining whether any person is included as a registered voter in the statewide voter registration list more than once.

     2.  For every registered voter who submitted an application to register to vote on or after January 1, 2006, comparing the driver’s license number, identification card number or last four digits of the social security number of the voter set forth in the statewide voter registration list, if any, with the information in the appropriate database of the Department.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)”

At least Nevada officials must incorporate at least part of the Social Security number in the “investigation.”  But when we’re just starting to get comfortable there’s this section which isn’t quite so clear:

“NAC 293.466  Correction of inaccurate or duplicative information; casting of provisional ballot in certain circumstances. (NRS 293.124, 293.675)

     1.  If a county clerk receives notice from the Secretary of State or another county clerk that the statewide voter registration list contains information that is potentially inaccurate, duplicative or otherwise requiring verification, the county clerk shall, not later than 5 calendar days after receiving such notification, take such action as is necessary to correct the information in the statewide voter registration list and in the computerized database established pursuant to NAC 293.454.

     2.  If the county clerk is unable to obtain the correct information relating to the voter that is described in subsection 1 before the day of an election, the voter must show such identification before any ballot may be cast, except that a voter may cast a provisional ballot pursuant to the provisions of NRS 293.3081 to 293.3086, inclusive.

     (Added to NAC by Sec’y of State by R018-07, eff. 9-18-2008)”

What would make a state election official think a registration was ‘potentially inaccurate?’ Duplicative? “Otherwise requiring verification?”  If a Crosscheck list shows a John Paul Smith registered to vote in Richmond, VA and a John P. Smith registered to voter in Henderson, NV, then does this make John P. Smith liable for be investigated as “otherwise requiring verification?”  The Nevada Revised Statutes make this a little more clear:

“NRS 293.675  Establishment and maintenance of list; requirements pertaining to list; duties of county and city clerks; cooperative agreement with Department of Motor Vehicles; verification of information in conjunction with Social Security Administration; agreements with state agencies to obtain information necessary for list; information may be requested from or provided to chief election officers of other states.

      1.  The Secretary of State shall establish and maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.   2.  The statewide voter registration list must:

      (a) Be a uniform, centralized and interactive computerized list;

      (b) Serve as the single method for storing and managing the official list of registered voters in this State;

      (c) Serve as the official list of registered voters for the conduct of all elections in this State;

      (d) Contain the name and registration information of every legally registered voter in this State;

      (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;

      (f) Except as otherwise provided in subsection 6, be coordinated with the appropriate databases of other agencies in this State;

      (g) Be electronically accessible to each state and local election official in this State at all times;

      (h) Except as otherwise provided in subsection 7, allow for data to be shared with other states under certain circumstances; and

      (i) Be regularly maintained to ensure the integrity of the registration process and the election process.”  (emphasis added)

If (e ) above requiring the unique verifier is applied then the probability that a person can be purged from voter registration lists is diminished, especially if this means both the full name and the Social Security number.  We’re still not quite out of the woods yet.

We’re still going to have to deal with domestic migration, especially in Clark County:

“People moving to Clark County from other places in the United States are at a five-year high, data released by the U.S. Census on Thursday show. The number of people moving into the county from within the U.S. outnumbered residents moving out from July 1, 2014, to July 1, 2015. The net increase, which has been rising for the past two years, was close to 25,000, with foreign migration accounting for an additional 8,000 new residents.

Clark County has grown incrementally over the last five years, rising from 0.7 percent growth in July 2011 to 2.2 percent growth in July 2015. What has changed is that domestic migration is driving that growth. Births minus deaths, or natural population change, once paralleled domestic migration numbers in the county from July 1, 2011, to July 1, 2013. The year before that, Clark County saw negative domestic migration. In the years following, domestic migration comprised most of the growth.”

[… ]  Just who are the new residents? January data of new Nevada driver’s license applicants show that a third, or 20,000, are from California followed by Texas and Florida at 3,000 each.

Perhaps more telling is that roughly half are in the 19-to-39 age range. Sure, some could be college students, but mostly, they are assumed to be part of the growing workforce that accompanies job growth.”  [LVRJ] (emphasis added)

The age range is important – 19-39, as in  eligible to vote.  How many “domestic migrants” to Nevada didn’t bother to tell California county clerks they moved, never intended to vote in a California election again, intended to be permanent residents in Nevada and register there?  The Didn’t Bother Factor drives some of the right wing conspiracy theories about the number of ineligible, i.e. potential duplicate, voters – particularly among the followers of Purger In Chief Kobach of Kansas:

“In January 2013, Kobach addressed a gathering of the National Association of State Election Directors about combating an epidemic of ballot-stuffing across the country. He announced that Crosscheck had already uncovered 697,537 “potential duplicate voters” in 15 states, and that the state of Kansas was prepared to cover the cost of compiling a nationwide list. That was enough to persuade 13 more states to hand over their voter files to Kobach’s office.”  [RS]

In the fevered minds of conspiracy theory advocates 697,537 “potential duplicate voters” is the same things as real ballot stuffing felons.  Some of these people are the same ones who believe “3,000,000 illegal votes were cast for Secretary Clinton in the last election.”  First, there was no epidemic of ballot stuffing across the country.  Secondly, this canard was spread by none other than Dick Morris, and promptly debunked. [Polifact]  Third, that didn’t stop the Federalist Society from climbing on board the “potential” fraud bandwagon citing conservative sources and 20 instances of fraudulent voter registration applications in Virginia.  Not actual voter fraud mind you, just fraudulent applications which obviously were caught. One of the more intriguing claims in the Federalist piece is that we can’t know how much voter fraud is going because people don’t report regular criminal behavior. Under reporting is not proof of criminal behavior, and arguments by analogy break down faster than just about any other form.

Since the Crosscheck program has been so problematic that Florida and Oregon have dropped it, and since the implementation of it has been plagued with the issues cited in the RollingStone article, Nevada should seriously consider dropping its participation.  Failing that, Nevada could consider specifying more clearly what the Unique Verifiers are in NRS 293.675 – requiring state election officials to compare middle names or at least initials, and Social Security numbers.   No county clerk’s office should be handed a list without the assurance of state officials that mistakes have not been made concerning ANY potential duplication.  The use of a faulty list to “improve election integrity” is self defeating and frankly makes no sense whatsoever.

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Filed under elections, Nevada politics, Vote Suppression, Voting

Nevada: Vote Like Your Right To Vote Depends On It

Ballot BoxThere’s one Nevada political race which hasn’t attracted as much limelight as might be justified.  That would be the race for Secretary of State.  The Secretary of State’s office has authority over elections and voting, and the implementation of Nevada election laws and regulations.  The Nevada Republican Party has already put citizens on notice that it intends to flog the Election Integrity Mule all the way to the polls.

Here’s their 2014 election platform statement:

“We advocate proof of U.S. citizenship and residency at the time of voter registration and requiring government issued photo ID at the time of voting.  We oppose same day voter registration to preserve election integrity.  We strongly support all electronic voting systems having a voter verified paper audit trail, used in the event of a recount.”

Look closely at the first sentence.  Yes, everyone supports the idea that a person is a U.S. citizen, and is a resident for the purposes of voting.  And, yes if a person does the registration paperwork to vote in Nevada a government issued ID or driver’s license is required. [NVSoS] If a person doesn’t have a government issued ID or driver’s license then the individual must register in person at the county election office, clerk or registrar. [NVSoS]

Once the paperwork is filed and the voter is included among those eligible to vote in Nevada, when a person goes to the polls the burden of proof to refuse that individual a ballot is on the government — not the individual.  It is up to the government to demonstrate you are not eligible to vote — it is not up to you to prove that you are.

So, here the second part of that sentence comes into play.  Under the Nevada Republican scheme of things, not only does a person have to prove citizenship and residency during the registration process, BUT the person must also prove he or she is eligible to vote at the polling place.  In other, unminced words, the burden of proof is now shifted from “you are eligible to vote unless the government can prove you aren’t” to “you are not eligible to vote until you prove you are.”

Since voting irregularities are illegal, what the Nevada Republican Party is advocating is a system in which you are NOT presumed  innocent until you are proven guilty, you are presumed guilty until you can prove you aren’t.  [Extended discussion here]

The second sentence doesn’t make much sense. If you have proof of citizenship and residency a few days before an election, wouldn’t you have it on election day?  Should there be issues regarding either element there’s always recourse to the provisional ballot.  The only thing that same day registration actually does is make voting easier and more convenient.

And all this in the interest of providing ‘election integrity.’  Nor is this a recent idea.  ALEC and its allies have been shoving the concept of increased corporate influence and decreased citizen participation for some time — and they do have Nevada allies. [DB]

There was an effort during the 2011 legislative season to enact a voter photo ID law. [DB] Legislators Roberson, Hardy, Hansen, Woodbury, Stewart, and Hambrick were the Suppression Six.  Among the bills they sponsored or supported were AB 327, AB 341, AB 425, AB 434, and SB 374.

State Senator Barbara Cegavske added her own bill to the mix, AB 311 jointly sponsored by Hardy, Sherwood, Hansen, Munford, Gustavson, and Halseth.  The bill would have eliminated all early voting in Nevada elections.

Another bit of red, white, and blue fearmongering was addressed in 2011 by SB 178, sponsored by Gustavson, Hardy, McGinness, Roberson, Settelmeyer, Hansen, Ellison, Goedhart, Goicoechea, Hambrick, Kirner, and McArthur.  The bill was a rather blatant bit of immigrant bashing, with whispers of “illegals” voting in the toxic mixture.

During the 2013 session of the state legislature there were another spate of bills regarding photo ID statutes and other means of making voting less convenient and more restrictive.  There was SB 63 (photo ID), SB 367 (repetition of immigrant bashing  SB 178/2011) , AB 216 (Photo ID) sponsored by Sen. Gustavson, Hansen, Wheeler, Ellison, Hambrick, Fiore, P. Anderson, Grady, Livermore, and Stewart.  AB 319 (Photo ID) sponsored by Stewart, Hambrick, Hansen, Duncan, Grady, Hardy, Hickey, Kirner, and Livermore.

And what of making voting more convenient?  During the 2013 legislative session, AB 440 was passed which would have extended the period for voter registration. The bill passed the Assembly on a 25-16 vote. [NVLeg] It passed the Nevada Senate on a 11-10 vote.  The Nay votes came from Brower, Cegavske, Pete Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Ben Kieckhefer, Roberson, and Settelmeyer. [NVLeg]  The bill was vetoed by Governor Sandoval.

There appear to be two outcomes the Nevada Republican Party would very much like to see in the upcoming 2014 elections.  The first would be to control the State Senate, and the second might very well be to elect State Senator Barbara Cegavske as the new Secretary of State.

Democrats in Nevada would be well advised to vote in 2014 as if their right to vote depended on it — given the platform, the previous legislative efforts, and the voting records of Nevada Republicans in the Legislature, Senator Barbara Cegavske in particular — it might.

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Filed under Nevada legislature, Nevada politics, Politics, Vote Suppression, Voting