MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session January 31, 1995 The Committee on Elections and Procedures was called to order at 3:30 p.m., on Tuesday, January 31, 1995, Chairman Close 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 Mrs. Chris Giunchigliani, Chairman Mrs. Joan A. Lambert, Vice Chairman Mr. Richard Perkins, Vice Chairman Mr. Dennis L. Allard Mrs. Jan Evans Mr. Thomas A. Fettic Mrs. Vivian L. Freeman Mr. David E. Humke Mrs. Jan Monaghan Mr. Bob Price COMMITTEE MEMBERS ABSENT: Mr. Joseph E. Dini, Jr. (Excused) GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: None OTHERS PRESENT: Ms. Tammy Caldwell, Citizen Ms. Lucille Lusk, Nevada Concerned Citizens Ms. Kimberly Bethel, Nevada Concerned Citizens Ms. Nancy Howard, Nevada League of Cities Ms. Michelle Gamble, Nevada Association of Counties Chief Deputy Dale Erquiaga, Office of Secretary of State Chairman Close asked for a motion to approve minutes of January 24, 1995 Elections and Procedures Committee Meeting. ASSEMBLYMAN PERKINS MOVED COMMITTEE APPROVE ELECTIONS AND PROCEDURES COMMITTEE MEETING MINUTES FOR JANUARY 24, 1995. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Close asked for discussion. Ms. Giunchigliani suggested even though committee members did not request a committee Minutes Book, a copy of the minutes be made for each committee member. Chairman Close asked if there were any objections to approval of the Minutes. There were none. THE MOTION WAS APPROVED. ASSEMBLY BILL 18 - Expands area around polling place where electioneering or solicitation of votes is prohibited. Assemblywoman Giunchigliani, Assembly District 9, as sponsor of A.B. 18, provided history of the bill's genesis and explained a ruling allowed a specific foot requirement at the polling area for electioneering. She called the committee's attention to a suggested amendment from the Clark County Registrar of Voters, Kathryn Ferguson, which defined electioneering would be unlawful within 100 feet of the entrance of the building or structure being used as a polling place (Exhibit C). Ms. Giunchigliani felt Exhibit C was a strong amendment, but she pointed out to the committee that a definition of electioneering did not exist within statutes. She asked for permission from the committee to provide recommended amendments to A.B. 18 and noted she would work with the Secretary of State's office. Assemblywoman Lambert asked for clarification of the 100 feet of the entrance to the building if the polling place was in a large building. She questioned if electioneering would be permitted inside the building. Assemblywoman Giunchigliani responded intent would be "from the entrance" meaning none could be done inside the building where polling was situated. Assemblywomen Lambert and Giunchigliani then discussed definition of polling place, and Ms. Giunchigliani stated she would review the intent of the language with Mr. Erickson. In response to Assemblyman Fettic's question for the 100 feet figure, Ms. Giunchigliani declared the Supreme Court upheld Tennessee law to establish a space requirement at the polling area. She further noted statistics cited ten states had 100 feet and Arizona had 50 feet. She pointed out that in reviewing S.B. 250, a 30 foot restriction was allowed because early voting was permitted in the actual county Election Department. She also pointed out A.B. 18 may need to be consistent with S.B. 250 or alternatives for early voting sites. Assemblyman Price questioned statutes which had footage restrictions. Forms of electioneering could be considered a form of free expression under the first amendment, he pointed out. Assemblywoman Giunchigliani cited a United States Supreme Court case which stated States may establish electioneering and prohibit it from being done. Electioneering was, therefore, constitutional, she declared. Nevada repealed its statute in 1989 based on the 1987 case. She discussed forms of electioneering in Nevada, and she felt 100 feet was reasonable and 300 feet too restrictive. Responding to Assemblyman Allard's request for information on the fiscal note, Ms. Giunchigliani noted "effect on local government" could mean an employee, but she did not receive a request for a fiscal note. Assemblywoman Monaghan questioned if the 100 feet would be effective in a parking lot. Committee discussion ensued, and Mr. Fettic asked Ms. Giunchigliani if the intent of A.B. 18 was to protect voters from harassment and from interference with the voter's right to vote freely. She noted yes. Chairman Close asked if anyone present wished to testify against A.B. 18. There were none. He then asked for testimony in support of A.B. 18. Ms. Tammy Caldwell, citizen, announced her support of A.B. 18. Ms. Lucille Lusk, representing Nevada Concerned Citizens, spoke in support of A.B. 18 and suggested Line 9 language applied only to people inside their houses. She said preferred language would be similar to "on residential property." Ms. Kimberly Bethel, representing Nevada Concerned Citizens, stated she supported A.B. 18. Ms. Giunchigliani announced she would incorporate testimony of Ms. Lusk and bring potential amendments back to committee. There being no further testimony on A.B. 18 to come before committee, Chairman Close closed hearing on A.B. 18. ASSEMBLY JOINT RESOLUTION 6 OF THE 67TH SESSION - Proposes to amend Nevada constitution to revise requirements for recall of public officer. Ms. Nancy Howard, Nevada League of Cities, spoke in favor of A.J.R. 6 of the 67th Session. Ms. Michelle Gamble, Nevada Association of Counties, spoke in favor of A.J.R. 6 of the 67th Session. Mr. Price, for the benefit of the committee, explained since the legislation was a joint resolution of the last session, committee could not amend. Committee would have to either accept or reject. The Chair recognized Assemblywoman Giunchigliani who spoke for the record that Thelma Clark, Citizen, who had worked with former Assemblyman Scott Scherer who brought the bill in 1993, was not able to testify and asked to be put on record as a continued supporter of A.J.R. 6 of the 67th Session. Chairman Close asked if anyone present was in opposition to A.J.R. 6 of the 67th Session. No one expressed opposition. There being no other testimony on the resolution, Chairman Close closed the hearing and entertained a motion. ASSEMBLYMAN LAMBERT MOVED TO DO PASS ON A.J.R. 6 OF THE 67TH SESSION. ASSEMBLYMAN PRICE SECONDED THE MOTION. The Chair then asked for discussion. Assemblywoman Lambert explained A.J.R. 6 of the 67th Session originated because of a problem which occurred in the city of Reno. A question arose as to which election should be used when a city councilman was being recalled, and the judge decided the last General Election should be used and not the election where the city councilman was elected. The decision made a vast difference in the number of people and resulted in the inability of the recall to go forward. A.J.R. 6 of the 67th Session clarified the person who was being recalled on the basis of the number of people who voted in the election -- who elected the person to office. Chairman Close at this time asked for a vote. THE MOTION CARRIED UNANIMOUSLY BY THOSE MEMBERS PRESENT. ASSEMBLY JOINT RESOLUTION 13 - Proposes to amend Nevada constitution to provide procedure to resolve conflict between certain initiative petitions approved by voters. Assemblyman Price began the hearing on A.J.R. 13 by stating the question was raised during the last election period where two similar ballot questions were on the same subject matter. The question had to do with two tax initiatives, one requiring two-thirds vote of the House to pass a Resolution over to the next House, and the other would have required going to a vote of the people. If both measures passed, legislators would need to know which law to follow. He explained the language in A.J.R. 13 would clarify. Assemblywoman Lambert asked Mr. Price at which election did one have to get more votes than the other. Mr. Price felt the first election would have more votes. The Chair recognized Mr. Bob Erickson who stated redrafting was needed to accomplish the intent. A brief discussion ensued between Assemblyman Price and Assemblyman Perkins, who felt a second vote of the people should take place on both issues. Ms. Giunchigliani noted answers might presently exist since the issue arose on another matter on the S.C.R. 43 Interim Tax Committee on which she served, and Ms. Kim Morgan, L.C.B., gave recommendations. Assemblyman Fettic informed committee he agreed with Assemblyman Perkins. Relative to committee discussion, Mr. Bob Erickson, Legislative Counsel Bureau, provided committee with a glossary of election terms and procedures (Exhibit D) and pointed out Article 16, Section 1 of the Nevada Constitution provided language, but he suggested Legislative Counsel be consulted for confirmation. Assemblywoman Freeman informed committee in State of Idaho, initiative petition was not broken down by counties, therefore, signatures could be obtained from heavily populated areas allowing a person to obtain all signatures wanted. Idaho had a problem because of this, she stated. Chief Deputy Dale Erquiaga, office of Secretary of State, addressed committee that since committee agreed to open A.J.R. 13 for amendments and discussion, the Secretary of State requested committee address the term "substantively conflicting" language. The Secretary of State would have to certify election once election was canvassed, and office of Secretary of State would be asked which question passed. He asked who determined -- the Secretary of State, the court, if in court, who would be the parties. He could foresee problems for office of Secretary of State if A.J.R. 13 passed as written. Assemblywoman Giunchigliani pointed out many words were not defined in Statute and she asked Chief Deputy Erquiaga to notify committee of other terms not defined. Chairman Close asked Mr. Price to work with Mr. Erickson and Mr. Erquiaga on A.J.R. 13. There being no other testimony, Chairman Close closed the hearing on A.J.R. 13. Mr. Erquiaga, at request of Ms. Giunchigliani, agreed to provide bound copies of election laws and election regulations to each member of the committee. Mrs. Freeman noted if fiscal notes were in the bill book and asked if this was peculiar to the Elections and Procedures Committee. Assemblywoman Lambert responded for several sessions Taxation and Ways and Means had fiscal notes put in Bill Books. Noting this, Ms. Giunchigliani responded to Mr. Allard's fiscal note question on previously discussed A.B. 18. She informed if penalties arose, an impact on jails or warehousing people would be possible. No actual dollar amount was given, she said. There being no further business to come before committee, the meeting was adjourned at 4:12 p.m. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblyman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures January 31, 1995 Page