MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session May 25, 1995 The Committee on Elections and Procedures was called to order at 3:45 p.m., on Thursday, May 25, 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 Ms. 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 Mrs. Jan Monaghan Mr. Bob Price COMMITTEE MEMBERS EXCUSED: Mr. Joseph E. Dini, Jr. Mr. David E. Humke GUEST LEGISLATORS PRESENT: Assemblywoman Dianne Steel, District No. 16 STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director OTHERS PRESENT: Kateri Cavin, Deputy Attorney General for the Secretary of State Chairman Close announced the meeting would be a Work Session and outlined the Agenda. Work Session document (Exhibit C) was used by the committee. ASSEMBLY BILL 372 - Revises provisions governing residency requirements for candidacy for and retention of public office. Chairman Close conveyed A.B. 372 was introduced by Assemblywoman Steel. Chairman Close recalled the words "constructively" and "actually" were of concern in testimony, and staff had provided information from Black's Law Dictionary and from Utah Code. Chairman Close asked the committee to refer to (Exhibit C). He asked for Mr. Erickson's comments. Mr. Erickson pointed out Utah Code was extremely detailed, and Black's was the basic legal definitions of residence and domiciles. Those were provided as background information, he noted. Based on those documents and other discussions, Mr. Erickson listed possible amendments to A.B. 372 (Exhibit D) which he considered a starting point for an amendment to the bill. The word "constructively" would need to be deleted. Chairman Close noted "domicile" had a greater significance and meaning as opposed to residence. He discussed the detail of the Utah Code, and asked the committee to refer to a possible amendment to A.B. 372 created by Mr. Erickson (Exhibit D). Assemblywoman Giunchigliani preferred "domicile" terminology and asked the possibility of strengthening NRS 41 to better define "domicile." Responding, Mr. Erickson declared NRS 41.191 allowed a person to file a declaration to establish their domicile in Nevada, and it was a specific purpose which was, "I want to be domiciled in the state." Mr. Erickson thought this procedure was being mixed with something they were more interested in for election purposes because "this is whether you are a Nevada resident or whether you are a resident of another state rather than where within districts your primary residence might be." In NRS, "domiciled" is only referenced in this provision although it is a word that would have legal standing based on case law, he clarified. Assemblywoman Giunchigliani felt "domicile" was a better term. A lengthy discussion ensued with assistance from Mr. Erickson regarding definitions of "domicile" as compared to residence and the related NRS statutes. Committee members used (Exhibit C), Utah Code and Black's Law Dictionary descriptions/definitions in their debate. Assemblywoman Evans said one of the problems with the Black's Law Dictionary was the statement, "The permanent residence of a person or the place to which he intends to return even though he may actually reside elsewhere." This statement concerned her. Mr. Erickson referred to NRS 283.040, first page under subsection 3, which read, "the district court had jurisdiction to determine the question of residence and action for declaratory judgement." He assumed someone would have to file a claim that a person was not a resident. He pointed out "actual residence" had to be declared on the Declaration of Candidacy when filing for office. Assemblywoman Evans questioned if the judge would then say she did not live there or the County Commissioners would follow up to see that she was removed from office. At this time, Chairman Close asked for a response from Kateri Cavin, Deputy Attorney General for the Secretary of State. Deputy Cavin said it was her understanding it would either be the Attorney General or the District Attorney who would bring forth the procedure to remove you. Assemblywoman Giunchigliani suggested further defining "domicile" in the case of campaigns and filing for office and to say, "Any person who has established his domicile in the state and owns more than one home in the state, shall manifest and evidence his domicile by declaring with the court," as is required with tax purposes. "You can own ten homes, but you can only have one residence for the purpose of running for office. You just declare through an affidavit which one," she said. Mr. Erickson clarified, "Then this would be a requirement to file for office, and to continue to hold office, the requirement would be to declare your domicile, and if that is changed, he or she would have to change that declaration if they moved to another house." Assemblywoman Giunchigliani confirmed he was correct. Chairman Close further clarified, "Within the same precinct or voting district." Mr. Erickson asked if a problem existed with requiring a person to declare domicile before filing for office or at the same time. Kateri Cavin, Deputy Attorney General for the Secretary of State, stated Declarations of Candidacy were by statute, and there was a residency declared, which was a sworn statement. "If the committee decides to do that, you will have to go back and change those Declarations of Candidacy," she advised. Assemblywoman Lambert brought up the time requirement for residency. Deputy Cavin responded there was no time requirement. None of the residency laws that she knew of in Nevada had any kind of time requirement. The problem, she pointed out, was the word "intent". "All you have to do is tell a judge, `I intend to live in that cabinet,' and he says, `If that is your intent and you swear it, you live in the cabinet,'" Deputy Cavin informed the committee. Chairman Close thought there was a requirement when a candidate filed which stated the candidate had lived in a place for 30 days before filing. Deputy Cavin said it was a filing requirement, but not as a resident. Residency was a matter of intent, she emphasized. Assemblywoman Giunchigliani suggested a form of the "domicile" language and adding "shall". She felt it was needed to take some of the parts out of the Utah Code. Chairman Close agreed and quoted from the Utah Code, (4) (j) (I), (ii) and (iii). Chairman Close thought portions could be beneficial such as in (ii) to use the word "domicile" in place of "residence," and under (iii) using "A domicile ..." instead of "A residence..." Mr. Erickson said an amendment could be requested from Bill Drafting and there were two other issues which the committee would need to address in order to give Bill Drafting firm direction. Mr. Erickson then explained (Exhibit D). Assemblywoman Giunchigliani commented no consistency existed in the time lines. Assemblywoman Dianne Steel, District No. 16, prime sponsor, assumed the testimonial table and expressed that any length of time greater than 30 days would be desirable. Chairman Close asked if anyone was opposed to three months. No one was opposed. He clarified the Utah legislation could be used, adding three months residency. Chairman Close asked Mr. Erickson for the last item of clarification which was Page 6, lines 38 through 41. Mr. Erickson explained the goal was to start the time clock, "Where have you lived since a year before the general election." The wording used was "since November 1 of the preceding year." Chairman Close announced the intent was to eliminate "where you intend to live" language. He asked if any committee member was opposed to removing the intention to live anywhere. No one was opposed. Chairman Close requested Mr. Erickson to obtain amendments. Assemblywoman Monaghan asked for research on the shortest time frame and the longest time frame. She was in favor of a longer time frame. Mr. Erickson responded to run for Governor you have to be in your state and in your district two years. The same time frame exists for the Lieutenant Governor. An Assemblyman or Senator would have to be one year. All dates are before the date of the general election, he added. Mr. Erickson then said the least amount of time was 30 days prior to the close of filing which would be almost everyone except the Governor who would have to be the greater amount. Some of the cities were 12 months before the election for the office you would have to have been a resident of the city or ward. The range would be from two years to 30 days before the close of filing. The one year is prior to the date of the general election, and the 30 days is prior to the close of filing, he clarified. ASSEMBLY CONCURRENT RESOLUTION 33 - Directs Legislative Commission to conduct interim study to consider appropriate division of fiscal responsibility for programs and services between state and local governments. Chairman Close asked for amendments. Assemblywoman Giunchigliani, prime sponsor of A.C.R. 33, responded noting discussion had included the possibility of adding people to the committee, but the Senate, who might be processing potential home rule and benefit delivery, felt A.C.R. 33 should stay separate. The committee might want to then have a joint consideration that prior to any recommendations all those three major committees who would be doing one strand, get together and finalize recommendations. "But we felt we could do it without having to amend this language," she declared. A.C.R. 33 needed to stay until it was decided which studies the committee would select to recommend, she said. Chairman Close informed the committee that the Chairmen had met with the Senate, and studies would probably be limited to four on each side if possible, and sunset legislation might be put on those existing to prove the reason for continuation. He announced the Chairmen would bring information back to the Committee. ASSEMBLY CONCURRENT RESOLUTION 32 - Amends Joint Rules of Senate and Assembly to require that standing committee hear and consider only information made available to public. Assemblywoman Giunchigliani, requester of A.C.R. 32, explained amendments which she had taken from public testimony (Exhibit E). Mr. Erickson asked if the documents were to be made available to the public at the time of the hearing or if they were to be made available to the public upon request. Assemblywoman Giunchigliani responded most should be made available at the time of the hearing. If the document was thick, the Chair could announce the document was thick and would be made available or could accommodate by having at least five copies on a table. Assemblywoman Monaghan asked who was responsible for providing copies. Assemblywoman Giunchigliani said those who testified usually had the copies, and they would be responsible for assuring copies were available. Assemblyman Price offered the suggestion that citizens might not be able to have a number of copies. Assemblywoman Lambert suggested the words "if possible" or similar language be added. Mr. Erickson reminded the committee these kinds of reports would be only those presented to a committee that would not have a bill associated with it in order for the public to know what was being discussed. Chairman Close clarified for the minimal number of times this situation would occur when nothing was there to discuss or debate, A.C.R. 32 assured something would be available for the public to see regarding the subject the Committee would be discussing. Chairman Close read the suggested amendments to the committee. (Exhibit E) ASSEMBLYMAN ALLARD MOVED TO AMEND AND DO PASS A.C.R. 32. ASSEMBLYWOMAN MONAGHAN SECONDED THE MOTION. Chairman Close asked for discussion. There was none. THE MOTION CARRIED. * * * * * * * * * Chairman Close adjourned the meeting at 4:30 p.m. and asked the Committee to go directly to Room 352 for a Joint Meeting with the Senate Committee on Government Affairs. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures May 25, 1995 Page