Nevada Question 4, State Constitutional Rights of Voters Amendment (2020)

From Ballotpedia
Jump to: navigation, search
Nevada Question 4
Flag of Nevada.png
Election date
November 3, 2020
Topic
Voting policy measures
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Nevada Question 4, the State Constitutional Rights of Voters Amendment, was on the ballot in Nevada as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported this constitutional amendment to provide voters with a constitutional right to certain voting procedures.

A "no" vote opposed this constitutional amendment to provide voters with a constitutional right to certain voting procedures.


Election results

Nevada Question 4

Result Votes Percentage

Approved Yes

826,719 64.12%
No 462,544 35.88%
Results are officially certified.
Source


Overview

What did Question 4 do?

Question 4 added the state's declaration of voters’ rights, which was passed as a statute in 2002, to the Nevada Constitution. The amendment provided qualified persons who are registered to vote with a constitutional right to receive and cast a ballot that is written in a "format that allows the clear identification of candidates" and "accurately records the voter’s preference in the selection of candidates." It also provided registered voters with other constitutional rights, including:[1]

(a) to have questions about voting procedures answered and have voting procedures posted in a visible location at the polling place;
(b) to vote without intimidation, threats, or coercion;
(c) to vote during any early-voting period or on election day if the voter is in line at the time polls close;
(d) to return a spoiled ballot and receive a replacement ballot;
(e) to request assistance in voting if necessary;
(f) to a sample ballot "which is accurate, informative and delivered in a timely manner;"
(g) to receive instruction on how to use voting equipment;
(h) to equal access to the elections system without discrimination, including on the basis of "race, age, disability, military service, employment or overseas residence;"
(i) to a "uniform, statewide standard for counting and recounting all votes accurately;" and
(j) to have "complaints about elections and election contests resolved fairly, accurately and efficiently."

Text of measure

Ballot question

The ballot question for Question 4 was as follows:[2]

“ Shall the Nevada Constitution be amended by adding a new section guaranteeing specific voting

rights to all qualified and registered voters in the State?

Yes [ ] No [ ][3]

”

Ballot summary

The ballot explanation for Question 4 was as follows:[2]

“ EXPLANATION—This ballot measure would amend the Nevada Constitution by providing an enumerated list of voting rights guaranteed to all qualified and registered voters in the State similar to the enumerated list of voting rights currently protected by existing statutes. Specifically, each voter would be guaranteed the constitutional right to:
  • Receive and cast a ballot that is written in a format which allows the clear identification of candidates and accurately records the voter’s selection of candidates;
  • Have questions concerning voting procedures answered and have an explanation of the procedures for voting posted conspicuously at the polling place;
  • Vote without being intimidated, threatened, or coerced;
  • Vote during any period of early voting or on Election Day if the voter has not yet voted and, at the time that the polls close, the voter is waiting in line to vote at a polling place at which, by law, the voter is entitled to vote;
  • Return a spoiled ballot and receive a replacement ballot;
  • Request assistance in voting, if needed;
  • Receive a sample ballot that is accurate, informative, and delivered in a timely manner as provided by law;
  • Receive instruction on the use of voting equipment during any period of early voting or on Election Day;
  • Have equal access to the elections system without discrimination;
  • Have a uniform, statewide standard for counting and recounting all votes accurately as provided by law; and
  • Have complaints about elections and election contests resolved fairly, accurately, and efficiently as provided by law.

A 'Yes' vote would add a new section to the Nevada Constitution guaranteeing specific voting rights to all qualified and registered voters in the State. A 'No' vote would keep existing provisions of the Nevada Constitution and would not add a constitutional guarantee of specific voting rights to all qualified and registered voters in the State, but such voting rights would be protected by existing statutes.

DIGEST—Under existing provisions of the Nevada Constitution, voters must meet certain qualifications to be qualified electors to vote in elections, including qualifications regarding citizenship, age, and residency. (Nev. Const. Art. 2, § 1) Existing provisions of the Nevada Constitution also require the Legislature to enact laws providing for the registration of voters who are qualified electors and the regulation of elections to ensure their integrity and prohibit improper practices. (Nev. Const. Art. 2, § 6, Art. 4, § 27)

As part of its constitutional duties regarding voters and elections, the Legislature has enacted a 'Voters’ Bill of Rights,' which provides all qualified and registered voters with an enumerated list of voting rights that are protected by existing statutes. (NRS 293.2543 through 293.2549) This ballot measure would amend the Nevada Constitution by adding a new section to provide all qualified and registered voters with a similar enumerated list of voting rights that would be protected by the Nevada Constitution. [3]

”

Constitutional changes

See also: Article 2, Nevada Constitution

Question 4 added a Section 1A to Article 2 of the Nevada Constitution. The following text was added:[1] Note: Use your mouse to scroll over the below text to see the full text.

Sec. 1A. Each voter who is a qualified elector under this Constitution and is registered to vote in accordance with Section 6 of this Article and the laws enacted by the Legislature pursuant thereto has the right:

1. To receive and cast a ballot that:

(a) Is written in a format that allows the clear identification of candidates; and
(b) Accurately records the voter’s preference in the selection of candidates.

2. To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.

3. To vote without being intimidated, threatened or coerced.

4. To vote during any period for early voting or on election day if the voter is waiting in line at a polling place at which, by law, the voter is entitled to vote at the time that the polls close and the voter has not already cast a vote in that election.

5. To return a spoiled ballot and receive another ballot in its place.

6. To request assistance in voting, if necessary.

7. To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law.

8. To receive instruction in the use of the equipment for voting during any period for early voting or on election day.

9. To equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability, military service, employment or overseas residence.

10. To a uniform, statewide standard for counting and recounting all votes accurately as provided by law.

11. To have complaints about elections and election contests resolved fairly, accurately and efficiently as provided by law.[3]

Fiscal impact statement

The fiscal impact statement was as follows:[4]

“ Financial Impact—No

Based on information received from the Office of the Secretary of State and from local governments, the provisions in Question 4 are similar to existing statutory provisions giving certain rights to voters. Because these existing statutory provisions are already enforced at the state and local level in Nevada, it is anticipated that the enactment of Question 4 would have no financial effect upon the State or local governments. [3]

”

Readability score

See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 9, and the FRE is 45. The word count for the ballot title is 26, and the estimated reading time is 6 seconds. The FKGL for the ballot summary is grade level 11, and the FRE is 39. The word count for the ballot summary is 459, and the estimated reading time is 2 minutes and 2 seconds.


Support

Supporters

Officials

Former Officials

Organizations

Arguments

  • Nevada State Senator Patricia Spearman (D): "Many might wonder why these rights should be placed in the Nevada Constitution. Many of these rights are required under HAVA [U.S. Help America Vote Act of 2002]. They are important basic fundamentals of our democracy. Three amendments to the United States Constitution address voting rights and guarantee voting regardless of race, gender and economic status. The Twenty-sixth Amendment lowered the voting age to 18. If it is good enough to include these guarantees in the U.S. Constitution, it is good enough to include a voters’ bill of rights in the Nevada Constitution. This resolution is about protecting our democracy and the sacred act of voting. There have been many proposals over the years to amend the Nevada Constitution with various provisions that, arguably, should not be in the Constitution. There is a clear exception: Voting is a privilege which other nations have fought to obtain. Voting is at the heart of military missions to protect our democracy and the democracy of others around the world."

Official arguments

The following arguments in support of Question 4 were included in the 2020 Nevada Voter Guide:[4]

“ The right to vote in free and fair elections, knowing that each vote counts, is one of the most important guarantees in protecting our democracy. Our election system faces many potential challenges, such as unforeseen technological glitches and the threat of bad actors attempting to alter election outcomes. This ballot measure would provide several simple, yet crucial, constitutional guarantees to protect both voters and the integrity of our elections.

It is also important to note that, because these constitutional guarantees are similar to voting rights that already exist in statute, there should be little or no cost associated with implementing them. More importantly, voters will be assured that no matter how the political winds may blow, any attempts to diminish or otherwise interfere with voting rights or with election outcomes in Nevada will be much more difficult to accomplish with these constitutional protections in place.

Protect voters’ rights. Protect free, fair, and verifiable elections. Vote 'yes' on Question 4.[3]

”

Opposition

Ballotpedia has not identified committees, organizations, or individuals opposing Question 4. If you are aware of opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Official arguments

The following arguments in opposition to Question 4 were included in the 2020 Nevada Voter Guide:[4]

“ Nevada’s voting system functions exceptionally well as is, and basic voting rights are already enshrined in both the United States Constitution and the Nevada Constitution. There is a reason that the voting rights listed in Question 4 exist in statute and have not been added to the Nevada Constitution: these voting rights, while vitally important, are not timeless in their structure or application, and the forms they take may change substantially as the ways in which we vote and conduct elections evolve. Future advances in technology will likely make several of the voting matters addressed by Question 4—such as written ballots, polling places, and even in-person voting—obsolete.

Certainly, every voter should feel secure in his or her ability to understand and identify issues and candidates clearly, to vote accordingly, and to have his or her vote counted. Because these voting rights are already guaranteed elsewhere, there is no need to burden the Nevada Constitution with references to specific practices and systems that will surely change over time, forcing us yet again to amend the Nevada Constitution to remove outdated provisions.

Question 4 is a solution in search of a problem. Vote 'no' on Question 4.[3]

”

Campaign finance

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through January 15, 2021.


See also: Campaign finance requirements for Nevada ballot measures

There were no ballot measure committees registered in support of or in opposition to Question 4.[5]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Background

Statutory declaration of voters’ rights

In 2003, the Nevada State Legislature passed a declaration of voters’ rights as a statute.[6] Both chambers of the legislature passed the statute in unanimous votes.[7] The statute was passed after Congress approved the Help America Vote Act (HAVA) in 2002. HAVA required states to post at polling places the guarantees and rights afforded to voters. Nevada adopted the polling place requirement in the state's own statutes, calling the law the legislative declaration of voters’ rights. The declaration of voters’ rights law is as follows:


NRS 293.2546  Legislative declaration of voters’ rights.  

The Legislature hereby declares that each voter has the right:

1. To receive and cast a ballot that:

(a) Is written in a format that allows the clear identification of candidates; and
(b) Accurately records the voter’s preference in the selection of candidates.

2. To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.

3. To vote without being intimidated, threatened or coerced.

4. To vote on election day if the voter is waiting in line at his or her polling place to vote before 7 p.m. and the voter has not already cast a vote in that election.

5. To return a spoiled ballot and is entitled to receive another ballot in its place.

6. To request assistance in voting, if necessary.

7. To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law.

8. To receive instruction in the use of the equipment for voting during early voting or on election day.

9. To have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military or a citizen who is overseas.

10. To have a uniform, statewide standard for counting and recounting all votes accurately.

11. To have complaints about elections and election contests resolved fairly, accurately and efficiently.

Federal constitutional rights

The U.S. Constitution does not include a provision saying that qualified electors have the right to vote or a provision regarding a right to specific voting procedures. However, the U.S. Constitution, including the 15th, 19th, and 26th amendments, provides an implicit right to vote.[8]

Constitutional amendments on Nevada ballots

In Nevada, both the state legislature and ballot initiatives can propose amendments to the state constitution.

Between 1995 and 2018, the Nevada State Legislature referred 31 constitutional amendments to the ballot, while voters decided 26 citizen-initiated constitutional amendments. The legislature's proposed amendments were approved at a lower rate (48.39 percent) than citizen-initiated amendments (73.08 percent). The following chart illustrates trends in constitutional amendments on the ballot in Nevada:

Constitutional amendments on the ballot in Nevada, 1995-2018
Type Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
Legislative 31 15 48.4% 16 51.6% 2.6 2.0 0 7
Citizen 26 19 73.1% 7 26.9% 2.2 2.0 0 5
Total 57 34 59.7% 23 40.3% 4.8 3.5 1 12

Path to the ballot

See also: Amending the Nevada Constitution

In Nevada, a majority vote is required in two successive sessions of the Nevada State Legislature to place a constitutional amendment on the ballot.

2017 legislative session

Question 4 was introduced as Senate Joint Resolution 3 (SJR 3) on February 13, 2017. The Nevada State Senate approved the measure 21-0 on April 25, 2017. The Nevada Assembly modified the introduction of the amendment to define voter as a qualified elector who is registered to vote. On May 26, 2017, the Assembly passed the revised amendment 38-3 with one member excused. As the Assembly modified the amendment, the changes were sent to the Senate for concurrence. On May 30, 2017, the Senate concurred with the Assembly's changes to the amendment. Note: Information on the final Senate concurrence vote is unavailable.[9]

Vote in the Nevada State Senate
April 25, 2017
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 11  Approveda
YesNoNot voting
Total2100
Total percent100.00%0.00%0.00%
Democrat1100
Republican900
Independent100
Vote in the Nevada House of Representatives
May 26, 2017
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 22  Approveda
YesNoNot voting
Total3831
Total percent90.48%7.14%2.38%
Democrat2610
Republican1221

2019 legislative session

Both chambers of the state legislature need to pass SJR 3 during the 2019 legislative session to refer the amendment to the ballot for the election on November 3, 2020.

On February 20, 2019, the Nevada State Senate passed SJR 3 in a vote of 21 to zero. On May 24, 2019, the Nevada State Assembly passed SJR 3 in a vote of 39 to zero with two members excused. As one seat was vacant in the state Assembly, 21 votes were required to pass the constitutional amendment.[10]

With the passage of SJR 3 in the state Senate and Assembly in 2017 and 2019, Question 4 was referred to the ballot for the election on November 3, 2020.

Vote in the Nevada State Senate
February 20, 2019
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 11  Approveda
YesNoNot voting
Total2100
Total percent100.00%0.00%0.00%
Democrat1300
Republican800
Vote in the Nevada State Assembly
May 24, 2019
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 21  Approveda
YesNoNot voting
Total3902
Total percent95.12%0.00%4.88%
Democrat2701
Republican1201

How to cast a vote

See also: Voting in Nevada

Click "Show" to learn more about voter registration, identification requirements, and poll times in Nevada.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Nevada Legislature, "Senate Joint Resolution 3," accessed May 31, 2017
  2. ↑ 2.0 2.1 Nevada Secretary of State, "Nevada Question 4," accessed September 7, 2020
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ 4.0 4.1 4.2 Nevada Secretary of State, "Question 4," accessed September 29, 2020
  5. ↑ Nevada Secretary of State, "AURORA Campaign Finance Group Search," accessed January 25, 2020
  6. ↑ Nevada State Legislature, "NRS 293.2546 ," accessed June 11, 2019
  7. ↑ Nevada Legislative Counsel Bureau, "Policy and Program Report," accessed June 11, 2019
  8. ↑ Constitution Center, "The Fifteenth Amendment," accessed June 20, 2019
  9. ↑ Nevada Legislature, "SJR 3 Overview," accessed May 30, 2017
  10. ↑ Nevada State Legislature, "SJR 3 (2019)," accessed February 23, 2019
  11. ↑ Nevada Revised Statutes, "Title 24, Chapter 293, Section 273," accessed April 17, 2023
  12. ↑ ACLU of Nevada, "Know Your Voting Rights - Voting in Nevada," accessed April 17, 2023
  13. ↑ 13.0 13.1 13.2 13.3 Nevada Secretary of State, “Elections,” accessed April 17, 2023
  14. ↑ Nevada Secretary of State, “Registering to Vote,” accessed April 17, 2023
  15. ↑ Nevada Department of Motor Vehicles, “Voter Registration,” accessed April 17, 2023
  16. ↑ The Nevada Independent, “The Indy Explains: How does Nevada verify a voter's eligibility?” April 23, 2017
  17. ↑ Nevada Revised Statutes, "NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter." accessed April 17, 2023
Flag of Nevada
v • e
State of Nevada
Carson City (capital)
Elections

What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures

Government

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy

Retrieved from "https://ballotpedia.org/wiki/index.php?title=Nevada_Question_4,_State_Constitutional_Rights_of_Voters_Amendment_(2020)&oldid=8272588"