MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session May 16, 1995 The Committee on Elections and Procedures was called to order at 3:40 p.m., on Tuesday, May 16, 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 Mrs. Vivian L. Freeman Mr. Bob Price COMMITTEE MEMBERS EXCUSED: Mr. David E. Humke Mrs. Jan Monaghan GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director OTHERS PRESENT: Ms. Kathyrn McClain, Legislative Analyst, Clark County Kateri Cavin, Deputy Attorney General for the Secretary of State ASSEMBLY BILL 569 - Revises provisions governing early voting by personal appearance Ms. Kathyrn McClain, representing Clark County, explained A.B. 569 was an attempt to offer the courtesy of early voting to the growing Jewish community in Clark County and to take advantage of available early voting places such as shopping malls. Chairman Giunchigliani and Ms. McClain discussed Section 2. Ms. McClain suggested on page 1, line 15, the wording "From the third Saturday preceding election through the Friday before the election, each County Clerk shall provide a voting booth." Assemblywoman Lambert, Chairman Giunchigliani and Ms. McClain discussed the intention of the language regarding omission of the words, "Sundays excepted." Chairman Giunchigliani clarified deletion of "Sundays excepted" on line 16 and to keep consistent, she would delete "Sundays excepted" on line 8, reworking that portion, and the new language would not be needed. The County Clerk or the City Clerk could decide if they wanted to open on a Sunday if the Sunday happened to fall on a holiday which conflicted with a religious purpose. The language did not mandate opening. Chairman Giunchigliani further explained an attempt would be made to mesh with previous committee discussions to end a few days early at the end of early voting to allow time to mail the ballots. There being no further testimony, Chairman Giunchigliani closed the hearing on A.B. 569. ASSEMBLY CONCURRENT RESOLUTION 28 - Grants administrative leave to legislative employees in recognition of their service to 68th session of Nevada Legislature Assemblyman Bob Price, District 17, prime sponsor of A.C.R. 28, explained the genesis of A.C.R. 28. He related A.C.R. 28 was a show of appreciation for the hard work performed for the legislative session by the permanent staff of the Nevada Legislature and the Legislative Counsel Bureau and by all employees hired temporarily for the legislative session who were employed by the Legislature or Legislative Counsel Bureau on the last day of the 68th Session. There were no questions from the committee and no other testimony. Chairman Giunchigliani closed the hearing on A.C.R. 28. ASSEMBLYMAN PRICE MOVED TO ADOPT A.C.R. 28. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYWOMAN EVANS AND ASSEMBLYMAN PERKINS WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 569 - Revises provisions governing early voting by personal appearance Chairman Giunchigliani reopened the hearing on A.B. 569. Chairman Giunchigliani asked committee to refer to A.B. 564, page 7, Section 12 which was the same language as A.B. 569 except originally when Ms. Ferguson testified, they were thinking of changing it to Wednesdays from Friday and Saturday, but in her testimony, Ms. Ferguson stated she wished to go back to the original language. The actual language for early voting on Sundays was somewhat clearer in A.B. 564 than in A.B. 569, Chairman Giunchigliani declared. She asked committee for their preference regarding indefinitely postponing A.B. 569 and keeping A.B. 564 since the language was in A.B. 564. ASSEMBLYWOMAN LAMBERT MOVED TO INDEFINITELY POSTPONE A.B. 569, AND THE INTENT OF THE COMMITTEE WAS TO WORK WITH A.B. 564 ON THE ISSUE. ASSEMBLYMAN CLOSE SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLYWOMAN EVANS AND ASSEMBLYMAN PERKINS WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * Chairman Giunchigliani asked for committee introduction for the following Bill Draft Requests: B.D.R. 24-1704: Revises provisions relating to proposal and repeal of ordinances by initiative and referendum. ASSEMBLYMAN ALLARD MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. ASSEMBLYMAN PRICE SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. * * * * * * * * * B.D.R. 24-1234: Makes various changes in provisions governing elections. ASSEMBLYMAN ALLARD MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. * * * * * * * * * B.D.R. 24-931: Makes various changes in provisions governing elections to comply with National Voter Registration Act. ASSEMBLYMAN ALLARD MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. ASSEMBLYMAN DINI SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. * * * * * * * * * At this time, Chairman Giunchigliani asked Assemblywoman Freeman to discuss a point of concern which Assemblywoman Freeman had. Assemblywoman Freeman explained she had a number of constituents, particularly during the last campaign, who complained that when they registered to vote, they thought they were registering as non-partisan when they were registering as an Independent American and did not understand they were registering to be affiliated with a party. Mr. Erickson had suggested language which would fit into one of the other election bills which would make it clear when people registered that they were registering for a party as opposed to being Non-Partisan. See (Exhibit C). Chairman Giunchigliani conveyed in some areas of the country "independent" meant people were not affiliated with a party. Since a party was now named "Independent American Party", it had become confusing. Chairman Giunchigliani opened the Work Session. See (Exhibit D). She asked committee to refer to the calendar furnished by Mr. Erickson. See (Exhibit E). Chairman Giunchigliani communicated committee chairs had received a memo from Speakers Dini and Hettrick suggesting a cut-off date for Bill Draft Requests. Thursday, May 18, would be the final day to accept B.D.R.'s, she announced, unless there was an emergency. Since committee had four or five bills between Ethics and Elections, a small subcommittee would be formed to streamline the bills. She asked for committee members who were interested in working on the subcommittee and received responses from Assemblywoman Lambert, Assemblymen Dini, Price and Close who would work on the subcommittee with Chairman Giunchigliani. SENATE BILL 169 - Prohibits certain political contributions by lobbyists during legislative session and prohibits subcontracting by legislators. Mr. Erickson believed the amendments to S.B. 169 could be processed quickly with the understanding the same kind of amendments would go on to the other bill which needed additional work. S.B. 169 only needed one change and that was to incorporate six statutes which would require 40 days after the general election instead of 30 days. ASSEMBLY JOINT RESOLUTION 28 - Urges Congress to enact legislation allowing states to establish daylight saving time as standard time throughout calendar year. Chairman Giunchigliani asked Mr. Erickson for comments regarding his discussion with Assemblywoman Ohrenschall, prime sponsor of A.J.R. 28. Mr. Erickson referred to (Exhibit F), a map of the western states which outlined Mountain Standard time and Pacific Standard time. He informed Assemblywoman Ohrenschall was proposing in A.J.R. 28 that Nevada petition Congress to allow the states to be on Daylight Saving time all year long. Mr. Erickson pointed out northern Idaho was more tied to Spokane, Washington and was in the Pacific time zone, and part of southern Oregon was in the Mountain time zone. Arizona was an exception, he said, and was on Mountain Standard time all year. Ms. Kim Morgan, Legal, had informed Mr. Erickson Nevada could try to go through the congressional route and get something changed in the time act, or, could go directly to the Secretary of Transportation. Mr. Erickson said he and Assemblywoman Ohrenschall had discussed the possibility of an advisory vote of the people November 1995 to see if there was public interest in moving forward. They also discussed changing A.J.R. 28 into an interim study and having Arizona officials explain how the time had worked in Arizona. Responding to a question from Assemblyman Dini regarding Arizona remaining on Mountain Standard time, Mr. Erickson understood in the 1970's, Arizona and Indiana asked that they not be required to go on Daylight Saving time. Assemblywoman Ohrenschall's goal was to have the same time zone as Arizona for Nevada. It would be year round Daylight Saving time in the Pacific Zone which is the same as year round Standard time in the Mountain Zone. ASSEMBLYWOMAN EVANS MOVED TO INDEFINITELY POSTPONE A.J.R. 28. ASSEMBLYWOMAN FREEMAN SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYMAN ALLARD VOTED NO. * * * * * * * * * SENATE BILL 169 - Prohibits certain political contributions by lobbyist during legislative session and prohibits subcontracting by legislators. Mr. Erickson referred to Senator Coffin's testimony to committee and discussed number of reporting days on the bar chart (Exhibit G). The solution would be, Mr. Erickson believed, to amend the other six sections of state law which discussed the third reporting period which went from 20 days before the general election until 30 days after the general election. The change needed would be "from 20 days before the general until 40 days after the general." Mr. Erickson continued, the date legislators had to make their report was the 15th day of the second month after the general election which is January 15th. Even if legislators were 40 days after the general election, that would not impact the amount of time a candidate would have to make the report. Mr. Erickson believed the change to be made would be the non-acceptance of campaign contributions the same as the reporting periods, and those changes would also have to be made on the other bill. Mr. Erickson stressed there were six additional statutes in N.R.S. 294A to be added to S.B. 169. He pointed out a bill drafting mistake in N.R.S. 294A.120 which should have been 30 days after the general election. The six sections needed to be consistent and a possible Subsection 10 on Page 3 which would read that a legislator shall not instigate the introduction of any legislation for the purpose of obtaining employment, should be added. The two changes were needed to make the campaign reporting laws consistent. Committee discussion ensued concerning clarification of reporting dates and dates for accepting campaign contributions. Mr. Erickson clarified S.B. 169 changed the meaning to "you cannot accept it if you go with the provisions of S.B. 169. You could not accept a campaign contribution starting 40 days after the general election." Chairman Giunchigliani agreed it did not affect after the session, and noted it was currently 30 days after and would stay 30 days. Mr. Erickson referred to (Exhibit H). He stated current law was 30 days before the session versus the column 40 days after the General Election. He asked committee to compare the two columns. It was either 1 or 6 days difference in terms of "now." Assemblywoman Lambert asked if both the cut-off for reporting contributions and receiving contributions was 30 days before the session. Instead of tieing it to the election date, she suggested tieing it to the start of legislative session. Chairman Giunchigliani found Assemblywoman Lambert's suggestion consistent, and she asked Kateri Cavin, Deputy Attorney General for the Secretary of State, for comments. Kateri Cavin, Deputy Attorney General for the Secretary of State, responding to the invitation from Chairman Giunchigliani to speak regarding committee discussion on S.B. 169, assumed the testimonial table, and advised it was permissible to make the changes mentioned. She asked committee to be aware the statutes affected other candidates. The statutes affected all elected officials being tied to 30 days before the session. Assemblywoman Lambert said the session was a fixed date, but the Secretary of State made out the forms which always had dates on them when picked up for each election. The Secretary of State was aware when the legislative session started and could compute backwards. Ms. Cavin notified Assemblywoman Lambert was correct. The cut off date would be the same for all elected officials not just legislators, she reiterated, and stressed all elected officials had to do the reports. Ms. Cavin said legislators ended up with a gap because their reporting ended on one time, and they could not take contributions because the session started. That did not affect all the other elected officials. Ms. Cavin again stated legislators should be aware they were making that date for all elected officials, not just the legislators. Chairman Giunchigliani, responding to a question from Assemblyman Fettic, explained the genesis of S.B. 169 was because the Lieutenant Governor and Governor could accept contributions. A gap existed in the language. S.B. 169 would close that gap. She did not want a window period between the time legislators closed contributions and reported contributions. It was found that some individuals could still raise money even though they were not supposed to be able to raise money. Assemblywoman Evans thought S.B. 169 was important because the loophole needed to be closed so that people were not violating the law. Assemblywoman Lambert thought the period should be extended longer to the 30 days before the session. Some of the county offices raised more money than legislators, probably had greater debts and were trying to pay off debts for their elections. Committee discussion ensued and Chairman Giunchigliani suggested language for a possible motion. ASSEMBLYMAN DINI MOVED TO AMEND AND DO PASS S.B. 169, THE AMENDMENT BEING TO CHANGE LANGUAGE TO 30 DAYS PRIOR TO THE SESSION, ADDING THE SIX SECTIONS BACK FROM NRS 294A AND CORRECTING 294A.120. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. THE MOTION CARRIED. * * * * * * * * * ASSEMBLY BILL 529 - Requires transmittal of additional information on convicted felons to county clerks and registrars of voters. Chairman Giunchigliani commented she had talked with Mr. Ben Graham who said the bill would not work the way it was drafted. She was awaiting a call from Criminal Records Division within Department of Motor Vehicles, and had talked with someone from the Registrar's office to see if potential amendments could be done. She asked for feelings of the committee and for comments from Deputy Kateri Cavin. Kateri Cavin, Deputy Attorney General for the Secretary of State, stated the issue would be in the National Voter Registration Act. The Federal Government also required notification of felons. The work which the committee was doing would need to be put in the National Voter Registration Act, she communicated to committee. ASSEMBLY JOINT RESOLUTION 24 - Proposes to amend Nevada constitution to provide for election of chief justice by justices of supreme court. ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE A.J.R. 24. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblyman Close noted the basic objection was the term for which they would serve. The term originally was four years which some said was too long. It was amended to two years which also did not go. Assemblyman Dini thought the system had worked well for 130 years and did not believe it should be changed. THE MOTION CARRIED. ASSEMBLYMEN ALLARD AND FETTIC VOTED NO. * * * * * * * * * ASSEMBLY BILL 372 - Revises provisions governing residency requirements for candidacy for and retention of public office. Chairman Giunchigliani said the residency issue and a definition of "domicile" were not finalized. * * * * * * * * * ASSEMBLY BILL 274 - Provides method for determining leadership in either assembly or senate in event of evenly divided membership between two political parties. ASSEMBLYMAN PERKINS MOVED TO INDEFINITELY POSTPONE A.B. 274. ASSEMBLYWOMAN FREEMAN SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblywoman Lambert said rather than finding a way to decide who the majority party would be, decide who would choose first among the two lists or use some kind of initial tie-breaking mechanism. Chairman Giunchigliani pointed out rules might be a more appropriate place rather than in statute. Assemblyman Close, acknowledging he could not speak for everyone, felt those on the Republican side were looking for support of Assemblywoman Steel's bill and the Democrats were still looking for a coin toss. He agreed with Assemblywoman Lambert's suggestion. Assemblyman Perkins said session had worked well, and he did not see a need for a change in that area. Assemblyman Fettic noted there was some discussion that some communities or some districts get shortchanged, and he had mixed feelings. Assemblyman Dini stated he did not like A.B. 274 because there were uneven districts and a population of pockets of large majorities. Assemblyman Allard liked the legislation because it properly represented how the people voted. It was the total vote. The majority of the people voted with one party or the other. Chairman Giunchigliani pointed out you could not bind the next legislature which was part of her concern about putting it in the statute. It could be put in the rules as a guideline, but once the body convened, they could change it or do whatever they wanted, she said. Chairman Giunchigliani said she appreciated Assemblywoman Steel's attempt to try to bind something, but committee could not bind the next session which was the quandary of the committee in dealing with A.B. 274. Chairman Giunchigliani believed the constitution would overrule this statute. Assemblyman Dini declared A.B. 274 disenfranchised voters who elected him. He was elected from a district which was the same as every Assemblyman's or Assemblywoman's district, with one vote in the chamber. A.B. 274 disproportionately represented his county's vote, he declared. Assemblyman Allard suggested holding A.B. 274 to find out if it was constitutional. Chairman Giunchigliani stated at this point there was a motion. If the bill were to go forward, committee would get a ruling from Staff at some point as to whether or not it was constitutional. Committee needed to look beyond just that part of it, and question whether the language achieved what committee wanted it to achieve. Chairman Giunchigliani declared her feeling was a tie is a tie and no one is in the majority. She agreed with Assemblyman Dini. Assemblyman Close announced he had talked with Assemblywoman Steel who said if A.B. 274 created division, preferably she would choose to not have the bill go forward. Chairman Giunchigliani asked for a vote. THE MOTION CARRIED. ASSEMBLYMAN ALLARD VOTED NO * * * * * * * * * ASSEMBLY BILL 457 - Prohibits former legislator from serving as lobbyist for one regular session after termination of service in legislature Chairman Giunchigliani spoke with Assemblywoman de Braga who was working on amendments to A.B. 457, but she asked Chairman Giunchigliani for consensus of the committee. If it was preferable not to move forward, she would not waste time of the staff writing amendments. ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE A.B. 457. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYWOMEN EVANS AND GIUNCHIGLIANI VOTED NO. * * * * * * * * * ASSEMBLY BILL 517 - Revises provisions governing forms for reporting campaign contributions Chairman Giunchigliani conveyed A.B. 517 was Assemblywoman Segerblom's bill and required work concerning the calendar. * * * * * * * * * ASSEMBLY BILL 526 - Makes various changes relating to commission on ethics. Chairman Giunchigliani communicated A.B. 526 would be deliberated in a subcommittee. * * * * * * * * * ASSEMBLY JOINT RESOLUTION 20 - Proposes to amend Nevada constitution to provide for commencement of regular legislative sessions in March. Chairman Giunchigliani reminded A.J.R. 20 was Amend and Rereferred by committee on March 16 and was needed as a "jacket". * * * * * * * * * SENATE JOINT RESOLUTION 3 - Proposes to amend Nevada constitution to limit length of legislative session and to require submittal of proposed executive budget to legislature before commencement of legislative session. Chairman Giunchigliani announced no action would be taken until Assemblyman Price discussed A.J.R. 21 with Senator Raggio. * * * * * * * * * ASSEMBLY BILL 523 - Changes date of primary election. Chairman Giunchigliani explained A.B. 523 changed the date of the primary election from the first Tuesday in September to the first Tuesday after the first Monday in June. Mr. Erickson stated he had called some of the states listed in (Exhibit I), and Wyoming informed they had 64 percent turnout of registered voters at the 1994 primary. ASSEMBLYWOMAN EVANS MOVED TO INDEFINITELY POSTPONE A.B. 523. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblyman Close announced he was opposed to extending the time five months for both areas of Nevada. However, more time was needed by the registrars between the primary and the general election. He thought consideration should be given to moving the primary election back a few weeks to assist the registrars in their mailing of absentee ballots and formal ballot. Chairman Giunchigliani communicated an opportunity existed within the other election bills for the clerks. Chairman Giunchigliani discussed possible options for time periods and said Assemblywoman Stroth would be happy to have the bill at least deal with the changing of the filing and closing the filing times. Assemblyman Dini asked if a poll had been conducted of the County Clerks throughout Nevada. Chairman Giunchigliani said it had not, but five clerks attended the hearing and all wanted it changed. The Secretary of State's office did not want it changed. For that reason, Chairman Giunchigliani would not recommend or support anything massive. A week or two might achieve what the clerks needed, but not affect in a negative manner what the Secretary of State would do. Assemblyman Dini discussed the middle of August being vacation month and being hotter weather. He expressed uncertainty concerning August. Chairman Giunchigliani at this time reminded committee of the motion on the floor. Assemblyman Fettic emphasized the clerks needed relief. He felt the clerks were not tied to when the primary election was done but were seeking relief on the logistics of their job duties. He announced although he seconded the motion, he would vote against the motion. Assemblywoman Lambert outlined two issues which she felt should be dealt with. The issues were when minor parties could file and the Department of Defense continually was threatening to sue. If a challenge ever occurred in the primary election, the general election would be thrown out. Chairman Giunchigliani at this time asked for a vote. THE MOTION FAILED. ASSEMBLYWOMAN EVANS VOTED YES. * * * * * * * * * ASSEMBLY BILL 564 - Makes various changes to provisions governing elections. Chairman Giunchigliani announced A.B. 564 would be reviewed in subcommittee. There being no further business to come before committee, the meeting was adjourned at 4:50 p.m. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures May 16, 1995 Page