OPINION – Automatic Voter Registration, Same-Day Registration, Permanent Absentee Ballots Coming January 1, 2020

By Doug Goodman -Founder & Executive Director Nevadans for Election Reform

On January 1, 2020, three very important changes to voting took effect in Nevada; automatic voter registration, same-day voter registration, and the ability for voters to request an absentee ballot for all elections.

The result of an initiative petition in 2016, automatic voter registration (AVR) was passed by the legislature in 2017. However, a veto by Governor Sandoval sent the question to the voters in 2018. The initiative requires the Secretary of State and Department of Motor Vehicles (DMV) to establish a process where a person is either registered to vote or their voter registration information updated when they conduct a transaction at the DMV unless they opt out in writing. Voters approved the process, 60 percent to 40 percent requiring the legislature to pass any necessary legislation to implement the measure. The resulting sections of AB 345 should be taken as a “lesson learned” of the need for initiatives to be specific, not allowing for any legislative tinkering before the statutory three-year prohibition.

I am certain voters made a valid assumption when they both signed the initiative petition and voted that “automatic” meant that when they finished their transaction with the DMV clerk, nothing else was required. Unless they opted out, they were either registered to vote or their information was updated. The language of AB 345 proved this assumption wrong. Based on the implementing legislation, the process is not automatic. Rather than the process being finished with the DMV representative performing the transaction, the voter is given a form that has two conflicting purposes. First, the form will serve as the legal opt out form. Secondly, the form will serve as the mechanism for the voter to select a political party (failure to select a political party will result in the voter being registered as Non-Partisan). Both sections require a signature. The voter is then required to deposit the form in a drop box located in a different location of the DMV office. Confusing? Yes. Creating the possibility that a voter will opt out accidently? Yes. Too time-consuming resulting in voters not completing the process? Yes.

With the additional steps, AVR has simply become an opt-out versus the old opt-in process. “Automatic”? Not really. An improvement? Maybe.

AB 345 also provides that voters can register or update their current voter registration at the polls either during early voting or on election day and then cast their ballots on the same day (Same-day Voter Registration – SDR). In order to ensure only those eligible to vote are registered, voters will be given provisional ballots. If, after election day, it is determined the voter is eligible to vote, their ballot is counted. Same-day registration has the potential to:

  • Increase voter turnout as those who, for whatever reason, failed to register or update their registration by the deadline, can do so
  • Open Nevada’s closed partisan primary elections. Voters will be able to change political party affiliation and then vote in either the Democratic or Republican primary. An unintended consequence could be an increase in strategic voting, where a voter votes for the worst candidate in the opposing party in hopes their preferred candidate will win in the general election

As positive as SDR is, implementation could have been better. Nevada has a bottom-up registration process. Each county maintains their own database with information then transmitted to the secretary of state. This is the reason for the need of provisional ballots. To correct this, the secretary of state’s office proposed to create a top-down process, having the process managed by the secretary of state with the information then sent down to the counties. This would have required implementation to be 2022 but would have removed the need for provisional ballots. Bill sponsors preferred political expediency rather than doing it right.

Another provision of AB 345 with the potential to boost voter participation is the ability for any voter to request they be provided an absentee mail ballot for all elections rather than having to request such a ballot each time.  Along with changes to when mail ballots are sent to voters (voters must receive them sooner) and allowing ballots to be counted if they are post marked by election day and received by the county clerk / registrar of voters no later than seven days following the election (versus received by close of polls on election day), this change should have a very positive impact on voter participation.

Regardless of the comments above, AVR, SDR, and permanent absentee / mail ballots are positive changes to voting in Nevada that have the potential to increase voter participation. What is most important is to get the word out so voters know about these changes that will make it easier for them to exercise their right to have voice in who represents them at all levels of government.

Major Parties Lose Voter Share In 2019

By Doug Goodman -Founder & Executive Director Nevadans for Election Reform

With minor exception, both the Democratic and Republican Party lost voter share in 2019 while Non-Partisan and minor parties posted gains. While the over-all changes were small, the Republican Party lost significant share in Washoe County and among voters 18 to 34 years of age. At the same time those younger voters appeared to have drifted away from Non-Partisan, choosing to register with the Democratic Party. Conversely, voters over 55 left the Democratic Party with a good number of those voters registering as Non-Partisan. December showed a similar picture with the Republican Party losing share even in the rural counties and among older voters, those over the age of 55.

State-Wide

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 4,356 0.73% 38.29% 0.01% -0.10%
R 2,836 0.54% 33.25% -0.05% -0.16%
NP 2,878 0.83% 22.15% 0.03% 0.21%
IAP 770 1.11% 4.47% 0.02% 0.11%
LIB 148 0.93% 1.02% 0.00% 0.01%
Other 19 0.15% 0.82% 0.00% -0.08%
Total not D or R     28.45% 0.05 0.25

 Other includes Green Party, Natural Law Party, and others

Clark County

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 3,631 0.80% 41.95% 0.01% -0.06%
R 1,812 0.57% 29.07% -0.06% -0.17%
NP 2,178 0.87% 23.03% 0.02% 0.18%
IAP 585 1.28% 4.23% 0.02% 0.14%
LIB 99 0.99% 0.93% 0.00% 0.01%
Other 17 0.20% 0.79% 0.00% -0.09%
Total not D or R     28.98% 0.04 0.24

Other includes Green Party, Natural Law Party, and others

Washoe County

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 519 0.53% 35.17% 0.02% 0.05%
R 314 0.31% 36.42% -0.05% -0.47%
NP 330 0.55% 21.48% 0.02% 0.38%
IAP 90 0.71% 4.52% 0.01% 0.09%
LIB 23 0.64% 1.29% 0.00% 0.03%
Other 2 0.06% 1.12% 0.00% -0.09%
Total not D or R     28.41% 0.03 0.41

Other includes Green Party, Natural Law Party, and others

Rural Counties

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 206 0.46% 22.56% -0.06% -0.24%
R 710 0.69% 51.81% -0.01% 0.10%
NP 370 1.03% 18.30% 0.06% 0.17%
IAP 95 0.85% 5.67% 0.01% -0.01%
LIB 26 1.16% 1.14% 0.01% 0.01%
Other 0 0.00% 0.53% 0.00% -0.02%
Total not D or R     25.64% 0.08 0.15

Other includes Green Party, Natural Law Party, and others

18 – 34 Year Old

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 1,461 0.90% 39.16% 0.06% 0.46%
R 455 0.49% 22.15% -0.06% -0.60%
NP 898 0.70% 31.11% -0.02% 0.15%
IAP 252 1.31% 4.66% 0.03% 0.15%
LIB 73 1.01% 1.74% 0.00% 0.01%
Other -27 -0.54% 1.19% -0.02% -0.17%
Total not D or R     38.69% -0.01  

Other includes Green Party, Natural Law Party, and other

55+

Party Change in # Voters % Change % Voter Share Difference in Voter Share % % Voter Share Change 2018 – 2019
D 1,655 0.65% 38.37% -0.02% -0.35%
R 1,803 0.66% 41.33% -0.02% 0.05%
NP 850 0.85% 15.15% 0.02% 0.22%
IAP 267 0.96% 4.19% 0.01% 0.09%
LIB 30 0.98% 0.46% 0.00% 0.02%
Other 8 0.24% 0.50% 0.00% -0.02%
Total not D or R     20.30% 0.03 0.30

Other includes Green Party, Natural Law Party, and others

By district voter share changes.

Congressional Districts

Party # Districts Lose Voter Share # Districts Gain Voter Share # Districts No Change
Democratic 1 2 1
Republican 4 0 0
Non-Partisan 1 3 0
IAP 0 4 0
LIB 0 1 3
Other 3 0 1

CD 1, CD 2, and CD 4 (75 percent of the districts) continue to show the number of voters not affiliated with either major party is greater than or within 5% of the number of voters registered to one of the major parties.

State Senate Districts

Party # Districts Lose Voter Share # Districts Gain Voter Share # Districts No Change
Democratic 10 11 0
Republican 20 0 1
Non-Partisan 5 16 0
IAP 1 16 4
LIB 1 7 13
Other 11 0 10

In 16 districts (76.19%) the number of voters registered as Non-Partisan or the total number not affiliated with either major party is greater than or within 5% of the number of voters registered to one of the major parties.

State Assembly Districts

Party # Districts Lose Voter Share # Districts Gain Voter Share # Districts No Change
Democratic 21 17 4
Republican 33 4 5
Non-Partisan 12 29 1
IAP 5 28 9
LIB 5 14 23
Other 21 5 16

In 35 districts (83%) the number of voters registered as Non-Partisan or the total number not affiliated with either major party is greater than or within 5% of the number of voters registered to one of the major parties.

Just how voter registration trends will change in the months leading up to the general election is anyone’s guess. However, recent voter share loses in the GOP do not bode well for that party should they continue. Could same-day voter registration impact this? I believe that is up to the campaigns and the parties.