MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session May 30, 1995 The Committee on Elections and Procedures was called to order at 3:50 p.m., on Tuesday, May 30, 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. David E. Humke Mrs. Jan Monaghan Mr. Bob Price COMMITTEE MEMBERS EXCUSED: Mrs. Vivian L. Freeman GUEST LEGISLATORS PRESENT: Senator Ann O'Connell, District No. 5 STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director Ms. Michelle Erb, Research Division, Legislative Counsel Bureau OTHERS PRESENT: Ms. Kathryn Ferguson, Clark County Registrar of Voters Mr. Alan Glover, Carson City Clerk/Recorder Ms. Lucille Lusk, Nevada Concerned Citizens SENATE JOINT RESOLUTION 23 of the 67th SESSION - Proposes to amend Nevada Constitution to authorize specifically legislative review of administrative regulations. Senator Ann O'Connell, District No. 5, sponsor of S.J.R. 23 of the 67th Session, explained the legislation was exactly the same as Assemblyman Price's bill, A.J.R. 19, which had been processed. The only difference, she said, was in the process. S.J.R. 23 has already had two years. If it passes the 68th Session, the legislation will go immediately to the next November election. If S.J.R. 23 of the 67th Session does not pass, then Assemblyman Price's bill will come in the next two years. The committee had no questions. ASSEMBLYMAN CLOSE MOVED TO DO PASS ON S.J.R. 23 OF THE 67TH SESSION. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYWOMEN EVANS AND FREEMAN, ASSEMBLYMEN FETTIC AND HUMKE WERE NOT PRESENT FOR THE VOTE * * * * * * * * * Chairman Giunchigliani asked for a motion to recommend adoption of the following resolution: BDR R-2086- Commends loved ones of members of Assembly for their support. ASSEMBLYMAN PERKINS MOVED TO DO ADOPT. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLYWOMEN EVANS AND FREEMAN, ASSEMBLYMEN FETTIC AND HUMKE WERE NOT PRESENT FOR THE VOTE * * * * * * * * * ASSEMBLY CONCURRENT RESOLUTION 39 - Designates Director of Legislative Counsel Bureau as energy retrofit coordinator for buildings occupied by legislative branch of government. Ms. Michelle Erb, Research Division, Legislative Counsel Bureau, testified on behalf of Mr. Lorne Malkiewich, Director of the Legislative Counsel Bureau. Ms. Erb addressed the Committee from prepared text (Exhibit C). Chairman Giunchigliani informed she served on the interim committee which studied the issue of energy retrofit, and A.C.R. 39 designated Mr. Malkiewich as the energy retrofit coordinator. The committee had no questions. ASSEMBLYMAN ALLARD MOVED TO ADOPT A.C.R. 39. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Giunchigliani asked for discussion. Assemblywoman Lambert stated in the past she had abstained from voting due to a conflict because her husband ran the energy conservation programs for Sierra Pacific Power Company. He no longer does that, Sierra Pacific Power Company has no more rebates, and, since she no longer has conflicts, Assemblywoman Lambert announced she would be voting. Chairman Giunchigliani asked for a vote. THE MOTION CARRIED. ASSEMBLYWOMEN EVANS AND FREEMAN, AND ASSEMBLYMAN HUMKE WERE NOT PRESENT FOR THE VOTE. * * * * * * * * * ASSEMBLY BILL 651 - Revises provisions governing mechanical voting systems. Ms. Kathryn Ferguson, Clark County Registrar of Voters, requester of the legislation, submitted an outline to the Committee entitled "Analysis of A.B. 651." See (Exhibit D). She specified A.B. 651 addressed all the areas of the election code to make electronic voting fit in with the rest of the law, and it allowed for early voting on the electronic voting machines. Ms. Ferguson said Mr. Lorne Malkiewich, Director, Legislative Counsel Bureau, and Mr. Fred Dugger, Manager, Information Systems, Legislative Counsel Bureau, recommended the language "cartridge" be changed to "storage mechanism," and Ms. Ferguson agreed to the suggested change. Next, Ms. Ferguson recapped the bill, requested changes and offered explanations and suggestions to the Committee. The Committee asked questions and offered general asides throughout her recap of the bill. At one point, Chairman Giunchigliani asked Mr. Alan Glover, Carson City Clerk/Recorder, to testify on a portion of the discussion regarding practices in the Clerk/Recorder's office. Assemblyman Price said the Committee was essentially redefining what a ballot had been from approximately 125 years. He asked to go on record as asking if "We are not just building this around one particular type of brand or style of electronic voting machine." Ms. Ferguson confirmed they were not. Assemblyman Price pointed out some people were still leery of computers and electronics. Ms. Ferguson responded the Secretary of State wanted the definition of "ballot" deleted since a more comprehensive definition was in the Secretary of State's bill. She added 22 states currently were using the particular system and many more were using other electronic systems. She believed states had expanded the definition of ballot. In response to a request from Assemblyman Allard, Ms. Ferguson explained the operation and the security of the mechanical voting machine. Chairman Giunchigliani asked if it would be possible to bring the mechanical voting system to Carson City, and it was decided that Ms Ferguson would have the machine brought to the legislative building and set up for viewing by the Committee on Thursday, June 1. Chairman Giunchigliani then asked for public testimony. Ms. Lucille Lusk, Nevada Concerned Citizens, communicated she was testifying neither for nor against A.B. 651. She referred to a controversy in Clark County. She stated many of the concerns were focused around the particular equipment which was selected rather than around the issue of whether electronic voting could be appropriate. Issues of concern were related to the cost, size, storage necessary and whether that storage would need to be air conditioned. At this time Chairman Giunchigliani announced the Committee would have to go into Subcommittee. Ms. Lusk continued her testimony. The viewpoints of a person with technology expertise and experience with bidding were that the bidding process utilized in Clark County was designed to ultimately have the approval of only one machine, and the pilot project that was ultimately carried on was an exclusive pilot project. "In other words, you pilot only that one machine and do not make several available so people can try them all and see which they prefer," she said. Ms. Lusk said she was told by an individual the voting machine technological specifications had been obsolete for many years. A lot of people like the paper ballot to assure there is a method of cross checking with the electronic recording. What people want is to see a physical ballot image that is placed in a box that exists so that if there is a need for a recount, there is a cross check method. She told the Committee the decision was up to them to determine whether that was important and whether the Committee agreed with the group with Clark County which opposed the County Commission purchasing the machines. There were no questions. No one else wished to testify. Concerning A.B. 651, ballots, a fax has been received from Mr. Mike Pasek of Nevada Election Watch, and is submitted herewith as (Exhibit E). Chairman Giunchigliani closed the hearing on A.B. 651. There being no further business to come before committee, the meeting was adjourned at 5:00 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 30, 1995 Page