MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session January 24, 1995 The Committee on Elections and Procedures was called to order at 3:30 p.m., on Tuesday, January 24, 1995, Chairman Giunchigliani presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Jack D. Close, Chairman Ms. Chris Giunchigliani, Chairman Mrs. Joan A. Lambert, Vice Chairman Mr. Richard Perkins, Vice Chairman Mr. Dennis L. Allard Mr. Joseph E. Dini, Jr. Mrs. Jan Evans Mr. Thomas A. Fettic Mr. David E. Humke Mrs. Jan Monaghan Mr. Bob Price COMMITTEE MEMBERS ABSENT: Mrs. Vivian L. Freeman (Excused) GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Mr. Robert Erickson/Research Director, Legislative Counsel Bureau OTHERS PRESENT: Secretary of State Dean Heller Chief Deputy Dale Erquiaga, office of Secretary of State Chairman Giunchigliani welcomed everyone to the first meeting of the committee and stated for the record it might appear ironic that she and Mr. Close were vice chairing especially after what she had just been through, but that was not the intent as to why she and Mr. Close would be co-chairing the committee. However, she did believe, after having been on the other side of the fence, she had some perspective she might be able to share from time to time. She informed the committee Mr. Bob Erickson, Legislative Counsel Bureau, would be assisting committee, and since a different terminology was needed and necessary in Elections and Procedures Committee, both Chairmen Giunchigliani and Close had asked Mr. Erickson to prepare a glossary for committee's use regarding referendum initiatives and other areas as they arise. At this time, Mr. Close, Co-Chairman of Elections and Procedures Committee, welcomed the audience and members of the committee. He advised that at least 91 Bill Draft Requests had been submitted. Mr. Close pointed out the voters had spoken that they wanted election change, and he felt the committee had a responsibility to affect change. Chairman Giunchigliani asked for a motion on Standing Rules of Assembly Committee on Elections and Procedures (EXHIBIT C). ASSEMBLYMAN ALLARD MOVED COMMITTEE ADOPT THE STANDING RULES ASSEMBLYMAN PERKINS SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblyman Price requested committee consider a rule indicating all final actions on bills and resolutions be taken by a vote in committee thereby eliminating floor votes. Chairman Giunchigliani then asked Assemblyman Perkins to amend the motion. She later asked if this was satisfactory with Assemblyman Allard, the maker. He agreed. She suggested under Item 10 d. of Standing Rules, a sentence would be added to read, "the intent of the committee to conduct all final action votes in committee." The Chair then recognized Assemblyman Lambert who suggested a change in Item 13. As a result, Chairman Giunchigliani stated wording would be revised to read, "In the absence of, or at the discretion of the chairman, the vice-chairman of the same party shall conduct the meetings of the committee." After asking Assemblyman Allard, maker of the motion, if the changes were acceptable to him, Mr. Allard replied the changes were acceptable. Chairman Giunchigliani then asked committee for further discussion on the two amendments. There being none, she asked for a voice vote on the amendments. There were no dissenting votes. THE MOTION CARRIED UNANIMOUSLY. Chairman Giunchigliani stated committee was now to vote on the motion. She asked for further discussion. There being none, Chairman Giunchigliani asked for a voice vote in favor of adopting the rules as amended. THE COMMITTEE VOTED TO ADOPT THE RULES AS AMENDED. THE MOTION CARRIED UNANIMOUSLY. After pointing out to the committee a Minute Book of committee meetings would be kept in the committee room, Chairman Giunchigliani asked committee members to notify one of the chairmen or the secretary of the committee if they would like a Minute Book for themselves. She also pointed out the Minute Book would be accessible to the public. Chairman Giunchigliani then requested Mr. Robert Erickson, Research Director, Legislative Counsel Bureau, to give the committee an introduction. Mr. Erickson provided the committee with the Issue Brief, "Elections and Procedures, 1995 Nevada Legislature" (Exhibit D). He stated the goal was to give an overview and provide early notice of the committee agenda in 1995 through the B.D.R. listing. He pointed out, specifically to the newer members of the Elections and Procedures committee, the committee dealt with the legislative subject area and the elections subject area. In the Senate, the Senate Committee on Legislative Affairs and Operations dealt with the legislative subject area, and all elections matters went to the Senate Committee on Government Affairs. Mr. Erickson discussed past procedures for interim studies wherein each house decided within that house topics for interim studies. Studies numbered six or seven per house. He noted the number of measures on the B.D.R. listing would suggest Elections and Procedures Committee would be significantly busy in the 68th Session. Mr. Erickson continued his presentation from Exhibit D and voiced the opinion the prefiling process needed to be addressed. The Senate committee had suggestions regarding the prefiling process. Chairman Giunchigliani at that time asked Mr. Erickson for information on the number of interim studies to be done. Noting the subject had not been discussed, he agreed with Chairman Giunchigliani the committee would need to work with the mutual leadership for information. Chairman Giunchigliani then asked for number of studies and subjects of studies for the last five sessions to prevent duplication of studies. After discussion, it was agreed Mr. Erickson would provide a summary bulletin for interim studies and the topic for the past five years. Assemblyman Price noted non-citizens who were ineligible to vote were not included in the voter turnout list and percentage of voting age population on Page 10 of Exhibit D. Mr. Erickson explained 1990 census bureau provided the statistic of the number of voting age citizens, which meant not all people of voting age were citizens and eligible to vote. The statistic was not available in the 1980 census. Secretary of State Dean Heller accompanied by Chief Deputy Dale Erquiaga, office of Secretary of State, addressed the committee with remarks outlining the responsibility of the office of the Secretary of State as it dealt with election laws and the relationship of the office of Secretary of State with the Elections and Procedures Committee throughout the 68th Session of the Legislature. He offered the services of his office to the committee for research and information. The Secretary of State's office, pursuant to NRS 293.124, has been charged with the responsibility of executing and enforcing the provisions of Title XXIV of NRS and all other provisions of state and federal law relating to elections in Nevada, Secretary of State Heller pointed out. Secretary of State Heller informed committee legislation which dealt with early voting, recounts, petitions, absentee ballots, local ballot questions and city elections would be introduced. In addition to SB-250, the committee would be asked to again study campaign disclosure laws which concerned opening the political process for more public scrutiny, he continued. The National Voters Registration Act, NVRA, a federal law, would also be coming from office of Secretary of State. Opportunity for Nevadans to register to vote at several state agencies, including Department of Motor Vehicles, by mail had been implemented, he told committee, and stated the new programs had cost approximately $18,000. HR-60 and HR-326 had been introduced in congress and made compliance voluntary on the part of the states. HR-370 would repeal the federal law entirely. S-91 would delay implementation until the federal government provided funding to the states. Secretary of State Heller further stated his office would support A.B. 18 and A.J.R. 6 from the 67th Session, and would testify on both measures. Concluding, he requested the committee to address the area of election contest law and to clarify the role of Secretary of State in the process relating to his duties on opening day of the legislative session. He outlined specific questions to be addressed which were the effect of the withholding of a certificate of election, how notice would be provided to the individual whose election was contested, and the legitimate grounds for the contests. He reiterated his office would be of assistance to the committee and asked for questions from committee. There were none. Chairman Giunchigliani declared committee's willingness to work with Secretary of State's office. Chairman Giunchigliani suggested members of the committee who had legislation to be heard by committee should feel free to contact either chairman of the Elections and Procedures Committee or the secretary of committee to assist in scheduling. Mr. Close, co-chairman of the committee, reminded committee hearings for the bills would be scheduled for hearing within 15 days and not heard within 15 days from the date bill was received. Assemblyman Price suggested items for committee discussion which were omission of addresses of voters from the voter registration list and reporting times covered by each of the reports. Chairman Giunchigliani expressed her desire to also change the campaign reporting form for clarity. Chairman Giunchigliani asked for further comments from committee. There were none. There being no further business to come before committee, the meeting was adjourned at 4:05 p.m. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Chairman Jack D. Close Chairman Chris Giunchigliani Assembly Committee on Elections and Procedures January 24, 1995 Page