Tag Archives: SB 169

Tea Party Antics in the Assembled Wisdom

Tea Party Flag

There are 40 days left in the Nevada Legislative Session.  Not that the initial leadership struggles in the Assembly weren’t entertaining, but the decorum on the set appears to be degenerating into sniping sessions worthy of  an agitated  flock of mockingbirds. There’s something about a gun-packin’ right wing Mama telling a fellow member to “Sit your A___ down” which doesn’t quite fit into the image of Legislative debate. Granted, most of what passes for debate in many sessions is essentially soporific and would cure the most intractable insomnia, but Assemblywoman Michele Fiore (R-NRA) has perhaps ventured a step too far into the realm of the theatrical. But then we could muse that most of what passes for Issues in this session is just that – political theater.

There’s nothing fundamentally wrong with Political Theater, when used to good effect we get The Lincoln-Douglas Debates, the Nixon Checkers Speech, and the August 28, 1963 March on Washington for Jobs and Freedom.  It’s when the theatrical elements are endowed with more significance than the policy discussions that we get into difficulties.

At the point where posture becomes more important than policy we are treated to things like the offering of 11 gun bills in a single session of the Legislature.  Some of these bills were predictably extreme – guns galore and guns everywhere!  Posturing becomes problematic when the extreme bills are endowed with Sanctity and aren’t part of a compromise process.

In an age of sound bite politics it’s hard to get a good policy discourse going.  If all one side is willing to offer is a parroting of “No new taxes,” then discussions about equitable ways to raise revenue for essential public services is diminished.  If 2nd Amendment rights may not have any responsibilities attached thereto, then common sense legislation to control the proliferation of firearms and the attendant loss of life becomes a stalemate.

If one side is wedded to the notion that the only way to deliver public services is by corporate interests then nothing of much value gets accomplished.

Combining ideological posturing with election politics simply adds another layer of difficulty to an already delicate democratic process.  The fact that SB 169 – a vote suppression bill if there ever was one – was granted an exemption from the Legislature on March 10, 2015 should send chills down the spines of those who are watching the process in the current Legislative session.  It’s companion in the Assembly, AB 253, a photo ID bill which carries with it an unfunded mandate among other baggage, is still percolating through the Assembly.

A restricted electorate plus the sound bite politics of posturing isn’t a recipe for rational legislative decision making.

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Filed under civil liberties, Gun Issues, Nevada legislature, Nevada politics, Republicans, Vote Suppression

Spooks, Haunts, and other Scary Things in the Nevada Legislature

Nevada Legislature Scary Things

The GOP controlled Nevada Legislature is haunted. Specters and spooks dog the steps of the members of the Assembled Wisdom, wraiths point toward things of which we must be afraid, very afraid.

We must be afraid of voter impersonation fraud.  The fact that it hasn’t happened doesn’t mean that we ought not to writhe in terror at the prospect.  Speaking of ghosts of elections past, we have Sharron Angle to add her wail to the cries of alarm:

“Former Assemblywoman Sharron Angle, who lost the 2010 U.S. Senate race to Harry Reid, testified for the bill, saying “we do have a voter impersonation problem across the country.”  Anderson asked if she has found examples of voter impersonation in Nevada in her investigations. Angle said no, but that there is “anomalous activity that goes on in Nevada elections that is not easily explained.” [LVRJ]

One might reasonably guess that “anomalous activity” is one of those terms which might be analogous to the Spectral Evidence allowed in the Salem Witch Trials?   However, we might just as well place this within the glossary of meaningless phrases, which while sounding erudite, mean almost nothing, such as “stocks are down on profit taking,” or “there’s lots of cash on the sidelines.” [Ritholtz] Or, such unverifiable and empty notions like “highway miles.”  Or, those gratuitous and equally meaningless phrases which appear in job opening announcements, “self starter,” “team player,” and “highly qualified.”

The point being is that bills like SB 169 (photo ID) are necessary to solve the Republican problem of not being able to win elections if lower income, non-white, young people, and the elderly are allowed to vote.

We must be very afraid of criminals.  Not only must we quake in alarm, according to the GOP Gun Club we must arm ourselves and await the day when we will be called upon to open fire on the evil-doers in our midst. Unfortunately, this serves to remind us that one person who tried this at the Las Vegas Wal-Mart ended up as a victim. [SFgate] No matter, by the lights of the Gun Club we must all be allowed to carry concealed weapons – anywhere – unless maybe not on school grounds.  (AB 148) 

As of 2013 there were 2,790,236 people in the state of Nevada.  There were 16,496 violent crimes reported.  We should put this in some perspective.  First, if we divide the number of violent crimes (victims) by the total population the result is 0.00591.  Shift the decimal to create a percentage and we have 0.59%. [TDC]  Is the likelihood of victimization in a violent crime in Nevada so high that all the dangers associated with carrying a concealed weapon worth the effort? Secondly, there were 163 murders, 1,090 rapes, 5,183 robberies, and 10,060 assaults in Nevada as of the 2013 reporting period.  [TDC]   The numbers don’t suggest a need for a proliferation of arms among ordinary citizens.

But but but… What if the criminals think there will be armed opposition to their nefarious endeavors! That will prevent them from carrying out their heinous designs! Really?  The armed robber already has his or her gun in position, ready to fire. The gun in my purse or holster is going to take a moment to get “into position.” Thus, the obvious outcome is that the robber gets the money, and the firearm.  Then there is the “collateral damage” consideration.  What if the “burglar” isn’t a criminal after all, but some family member who has lost a key?  In public spaces, how does Our Concealed Carry Hero determine if another Concealed Carry Hero is, or is not, a perpetrator of the shooting? The questions go on, but the bottom line is that in the fanciful world of the gun enthusiasts every hero can make practical decisions at 2 in the morning, make every shot count, and insure that every shot is aimed at and will hit the criminal.  It’s a scenario right out of the made for TV melodramas. Legislation should be crafted upon a foundation of facts and rationality, not the fevered imaginings of the frightened.

We must be afraid that someone somewhere is taking money away from us, and that every accumulation of government revenue is robbery, and every public service employee is unworthy.  Those comfortably ensconced in the upper 0.01% of income earners may very well be able to buy all the books they want (therefore there is no need for public libraries) or to spend a vacation on a private island or in a private resort (therefore there is no need for any public parks), and they may elect to spend money on private security, or pay for service firefighting, or pay the tolls on roads and highways, or send the kids to private schools.  When money is no object, other people’s money is little more than a object of attraction. 

Unfortunately, the upper 0.01% has been effective over the last three decades in convincing ordinary people earning $50,000 per year that a public school beginning teacher earning $37,000 is a Pig At The Public Trough.  The median wage of an employee of the State of Nevada is currently $46,590.  Hardly a figure, when agency heads are included, to describe an opulent living.   Yet, public employees are taking fire in this edition of the Legislature.

However, it’s not just the public sector employees who are drawing the attention of the Needy Greedy.   State Senator Joe Hardy (R-Boulder City) wants to repeal the state’s minimum wage.  Hardy’s SJR 6 (pdf) would repeal Nevada’s minimum wage provisions and let the legislature determine if an employer is providing health insurance if the cost is not more than 10% of the employee’s gross taxable income.  Here’s a thought – How about, instead of allowing more employers to pay less than $8.25 per hour, Nevada enacted an increase in the minimum wage? Period.

Want to see fewer people have to rely on housing subsidies to keep roofs over their heads? Raise the minimum wage.  Want to see fewer people have to resort to the SNAP programs? – raise the minimum wage. Want to see fewer individuals have to avail themselves of Medicaid assistance? Raise the minimum wage. 

For too many years we’ve been told the people (including the disabled and the elderly) aren’t working hard enough.  They should get more education (despite the costs and time involved), get more gumption (this in the face of a 5% multi-job rate), work more hours… take individual responsibility!  This is all lovely palaver from the heights, the concepts tend to disintegrate when applied in the real world.  The question could as easily be reversed. For example, the Las Vegas Sands Corporation, with sales and revenue reported as $14.58 billion in 2014, and net income of $2.84 billion, couldn’t spring for more than a paltry $8.25 per hour?  The question ought to be why can’t employers pay more than $10.10 per hour, or a living wage of $15.00?

In the real world most employers do pay more than the minimum already.  Minimum wage workers comprise about 4.7% of the total employed workforce.  The chart shows national trends for minimum wage workers:

Minimum Wage workers

“Leisure and Hospitality,” where have we seen that category before? L&H is the largest employer in the state, accounting for approximately 398,000 jobs earning an average annual wage of $31,600 (net of benefits.)  So, here we sit in a state in which most employees are engaged by a sector most likely to pay earnings at or below the federal minimum wage – and we can’t figure out that those who need housing or SNAP assistance might not fall into those categories if the wages were increased? So, let’s ask again: Why are Nevada employers unwilling to pay wages which would support their employees above the rate at which they are eligible for public assistance?

There are some things about which we should be legitimately concerned, those just don’t seem to have made it into the consciousness of the Legislature’s majority. Here are two examples:

Nevada has an income inequality problem.

“The states in which all income growth between 2009 and 2012 accrued to the top 1 percent include Delaware, Florida, Missouri, South Carolina, North Carolina, Connecticut, Washington, Louisiana, California, Virginia, Pennsylvania, Idaho, Massachusetts, Colorado, New York, Rhode Island, and Nevada.” [EPI] (emphasis added)

This situation is economically unsustainable.  As middle income and lower income earners tighten their belts and shave their budgets, there are simply not enough high income earners to create the demand for goods and services over time.

Nevada has infrastructure issues.  Only in the categories of waste water and solid waste does the state of Nevada get a ‘good’ grade, a B, from the ASCE.  We seem to be handling the excremental elements of our state rather better than our school buildings and our dams.

If the Legislature can move past Guns Galore!, Labor Bashing, and Vote Suppressing, we might want to address these and other pressing issues in the Silver State.

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Filed under Crime Rates, Gun Issues, Nevada economy, Nevada legislature, Nevada politics, Vote Suppression, Voting

ALEC and Nevada GOP launch vote suppression bills

vote suppression

It isn’t quite true to say that vote suppression bills are “a solution in search of a problem,” because the “problem” as seen by ALEC and associated Republicans is that too many people are voting, thus placing a permanent GOP majority in doubt.  Here’s a portion of AB 266, the perfectly predictable photo ID bill:

“Section 2 sets forth the acceptable forms of proof of identity which are: (1) certain government-issued documents or identity cards that show a recognizable photograph of the person to whom the document or card is issued; (2) a voter identification card; or (3) certain documentation from an administrator of certain health care facilities that are licensed by the State.”

What’s the problem? Just show the election officials your driver’s license? That, according to the Brennan Center isn’t a solution to the real problem – encouraging more people to participate in our electoral politics.

“Approximately ten percent of voting-age Americans today do not have driver’s licenses or state-issued non-driver’s photo ID. Based on Americans’ moving patterns, many more do not have photo ID showing their current address. And getting ID costs substantial time and money. A would-be voter must pay substantial fees both for ID cards and the backup documents needed to get them-up to $100 for a driver’s license, up to $45 for a birth certificate, $97 for a passport, and over $200 for naturalization papers. The voter may also have to take several hours off of work and travel significant distances to visit government offices open only during select daytime hours. Finally, many identifying documents cannot be issued immediately, so potential voters must allow for processing and shipping, which may take from several weeks to an entire year.”

As the Brennan Center relates, there’s nothing “free” about the documentation needed to get voting photo identification cards, even though the card itself is supposed to be issued at no charge.  And, who are those most likely to be suppressed by this legislation?  No surprise here:

“The impact of ID requirements is even greater for the elderly, students, people with disabilities, low-income individuals, and people of color. Thirty-six percent of Georgians over 75 do not have a driver’s license. Fewer than 3 percent of Wisconsin students have driver’s licenses listing their current address. The same study found that African Americans have driver’s licenses at half the rate of whites, and the disparity increases among younger voters; only 22% of black men aged 18-24 had a valid driver’s license. Not only are minority voters less likely to possess photo ID, but they are also more likely than white voters to be selectively asked for ID at the polls. For example, in New York City, which has no ID requirement, a study showed that poll workers illegally asked one in six Asian Americans for ID at the polls, while white voters were permitted to vote without showing ID.”

Whose vote is in jeopardy?

Predictably that would be elderly people, students, people with disabilities, low income Americans, and people of color.  We’ve covered this territory before in terms of Nevada voting, especially in rural areas.  The geography of this state, and the fact that most of the population tends to live in just two counties, means that rural voters are also at risk.

It’s also no surprise that some of the same people who walked off the ALEC gang plank into the depths of vote suppression are the same who made the same march previously, see here.  AB 266 also brings back memories of Senator Roberson’s 2011 SB 373.

How does this fly in the face of American judicial principles? 

Here’s a reminder:

“If you signed your registration form in Nevada declaring under penalty of perjury that you are at least 18 years of age, are a citizen of the United States, are not among the classes of persons held ineligible, and are a resident of the state.  The burden of proof that you have committed perjury rests with the state.

The burden of proof always rests with the state — in any prosecution for anything.  If a person is alleged to have voted once in Clark County and again in Nye County that would call for a prosecution of a crime under NRS 293 — but the burden of proof rests with the state.   If a person is alleged to have voted using an assumed identity, then this calls for prosecution, and once again — the burden of proof rests with the state.

Any suggestion that the citizen be required to “show proof of citizenship” at the polls is not only redundant, but shifts the burden of proof from the state to the individual.  That’s not the way the American system of jurisprudence works.  It’s not the way the American judicial system has ever worked.

A person in any court in the United States is never presumed guilty until he or she can demonstrate innocence.  A person need never prove beyond a reasonable doubt that he or she did not commit a burglary, an arson, a theft, a manslaughter — the burden of proof always rests with the state.  Demanding “proof of citizenship” at the polling stations presumes that unless a person can “prove” otherwise he or she is a fraudulent voter upends the very foundation of our criminal justice precepts.” [DB]

Fancy Focus Group Terms Don’t Hide The Intent

Conservative Republicans are fond of using terms like “election integrity,” as if there was something amiss in our current system.  There isn’t.  The one question these advocates of vote suppression don’t want to answer is:  How many cases of voter impersonation fraud have been identified in this state?  As of August 2014, there were 31 cases of voter impersonation fraud in the entire country, and not one case was associated with a Nevada election. [WaPo]

But, but, but…sputter the advocates, “Photo ID will make people feel better about their elections.”  That’s false, too.  When researchers from Harvard and Columbia put this to a statistical test, the results didn’t support this contention:

“Because actual evidence of voter impersonation fraud is rare and difficult to come by if fraud is successful, reliance on public opinion as to the prevalence of fraud threatens to allow courts to evade the difficult task of balancing the actual constitutional risks involved. In this short Article we employ a unique survey to evaluate the causes and effects of public opinion regarding voter fraud. We find that perceptions of fraud have no relationship to an individual’s likelihood of turning out to vote. We also find that voters who were subject to stricter identification requirements believe fraud is just as widespread as do voters subject to less restrictive identification requirements.” (emphasis added)

Conclusions

Vote suppression bills are precisely that – legislation intended to make it more difficult for groups least likely to need or afford photo identification to vote in state and national elections.  They are promoted by associations like ALEC, which produces the model legislation, in order to secure a permanent GOP majority in elected bodies.  Let’s slip out on the tree limb and conjecture that if the elderly, students, the disabled, and the poor were voting for eliminating the minimum wage, enhancing corporate tax breaks, and terminating the Consumer Financial Protection Bureau … the GOP would be demanding same day registration, and ALEC’s bill mill would be going full bore.

Vote suppression bills are unconstitutional. Discrimination should be the last thing found in polling stations. Further, to place the burden of proof on a “defendant” is counter to the very basic principles of American justice.

Vote suppression bills serve no one except corporate interests, as the Harvard/Columbia research reports – they don’t even make people feel any better.

AB 266, and its companions SB 169, and AB 253 should find their way to the bottom of some committee file cabinet – and not their way to the Governor’s desk.

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