MINUTES OF THE JOINT MEETING OF SENATE COMMITTEE ON FINANCE AND SENATE COMMITTEE ON GOVERNMENT AFFAIRS Sixty-eighth Session June 29, 1995 The joint meeting of the Senate Committee on Finance and the Senate Committee on Government Affairs was called to order by Chairman William J. Raggio, at 10:15 p.m., on Thursday, June 29, 1995, in Room 227 of the Legislative Building, Carson City, Nevada. There was no Agenda. There was no Attendance Roster. SENATE COMMITTEE MEMBERS PRESENT: Senator William J. Raggio, Chairman Senator Raymond D. Rawson, Vice Chairman Senator Lawrence E. Jacobsen Senator Bob Coffin Senator William R. O'Donnell Senator Dean A. Rhoads Senator Bernice Mathews Senator Ann O'Connell, Chairman Senator Jon C. Porter Senator Dina Titus Senator Raymond C. Shaffer SENATE COMMITTEE MEMBERS ABSENT: Senator Randolph J. Townsend, Vice Chairman STAFF MEMBERS PRESENT: Dan Miles, Fiscal Analyst Bob Guernsey, Principal Deputy Fiscal Analyst Marion Entrekin, Committee Secretary OTHERS PRESENT: Brad Lawrence, Lobbyist, Representing Nevada Registered Voters Senator Raggio opened the meeting for a discussion of Assembly Bill (A.B.) 695. He stressed the committees will only be dealing with issues concerning A.B. 695. ASSEMBLY BILL 695: Creates presidential preference primary elect ion. Brad Lawrence, Lobbyist, representing Nevada registered voters, testified in support of the passage of A.B. 695 that will permit one or both of the major political parties to participate in a presidential preference primary if the respective state committees choose to do so. He indicated the first 33 sections of A.B. 695 are technical in nature and refer to some existing statutes to adjust the possibility of a presidential primary. He pointed out the substance of A.B. 695 begins in section 34 that contains new material. Mr. Lawrence said Nevada experimented with a presidential primary in 1976 and 1980 held on the last Tuesday in May when the presidential candidates had been decided. Consequently, there was low turnout for the primaries since voters felt it was irrelevant for them to participate. Mr. Lawrence explained the process for selecting delegates to national conventions is very complex and begins at the precinct level, proceeds through county and state conventions, and terminates at the national convention. He said usually less than 1,000 individuals select the delegates to the national convention, and the delegates are selected without reference to whom they will vote at the national convention. The great mass of registered voters in both parties have very little say in the procedure, Mr. Lawrence pointed out. He said the purpose of A.B. 695 is to provide an opportunity to open up the process to all of the registered voters of the political parties. This will permit the presidential candidate desiring to contest the delegates from the State of Nevada to file with the Secretary of State his or her declaration of candidacy, pay a $1,000 filing fee, and at the time of filing, indicate the slate of delegates in each congressional district pledged to his or her candidacy. Mr. Lawrence stated it would then be "winner take all" within the congressional district to allow for differences between the congressional districts. To encourage voter turnout, Mr. Lawrence said A.B. 695 provides for the date of the presidential primary to be moved to the fourth Tuesday in March, which is the same date as the California primary. It was felt that candidates visiting Los Angeles will likely stop in Las Vegas at the same time, and candidates visiting San Francisco may stop in Reno, which will boost interest in the primary. Mr. Lawrence indicated at the suggestion of the Legislative Counsel Bureau (LCB), A.B. 695 proposes that Nevada have a mail-in primary rather than one held only at the precincts. This process will minimize costs since salaries paid to poll workers will be eliminated. The only costs associated with a mail-in primary would be for postage and accounting charges, he said. Additionally, a mail-in primary will increase voter turnout since every registered voter of the party will receive a ballot in the mail. Senator Raggio asked in what manner a political party can exercise its option to hold a primary. Mr. Lawrence responded section 35 of A.B. 695 stipulates that on November 1 of the year prior to a general election, the state central committee must notify the Secretary of State, in writing, that the particular party wishes to participate in a presidential primary. Senator Raggio asked, "Once that is done, any candidate for the nomination of president for a major political party must file not later than 5:00 p.m. on January 2 in the election year, is that correct?" Mr. Lawrence replied this must be done by the second Tuesday in January of the election year. Senator Raggio asked if A.B. 695 provides for an individual to file on behalf of the candidate. Mr. Lawrence responded the candidate must file in consultation with the state party. Senator Raggio commented an integral provision of A.B. 695 will tie the date for the primary to the same date in California. He inquired if other states located in the western portion of the United States hold a presidential primary on that same date. Mr. Lawrence replied he does not know the answer to the question, but believes other primaries are held on the same date in some of the western states. Senator Mathews pointed out special elections cost considerably more. She asked if any of the provisions contained in A.B. 695 will stipulate the primary will be considered a special election. Mr. Lawrence replied in drafting the measure, it was difficult to arrive at a specific cost for the primary since it is unknown if one or both political parties will participate, and costs will be determined by postage based upon voter turnout. He said if both parties participate and there is 100 percent voter turnout, the costs will be high. Mr. Lawrence said the Office of the Secretary of State has a statutory contingency account to be used if needed, and the Secretary of State will reimburse the counties out of the contingency fund for their costs for the primary. Senator Mathews asked for assurance the state has the funds to reimburse the counties. Mr. Lawrence responded the last report he received indicated the state has over $600,000 in the statutory contingency account, and A.B. 695 proposes to increase the account by an additional $200,000. Senator Titus remarked: When you say people do not really care who the delegates are they just want to know to whom they are pledged at the national convention...I am afraid I disagree with that. I think a system where the candidate gets to pick his delegate...they can change them...is very elitist. It excludes people from the opportunity to get to go to the convention. I think the caucuses and the convention at the local level and the state level gives people an opportunity to participate in a way where they hope they get to go to the national convention as delegates, and you are eliminating that whole process. That seems to be contrary to what you are proposing to get more participation. If you are trying to get more participation and get more groups represented and more people interested, I wonder why you are going for a `winner take all' system. Why don't you set up a proportional representation system so the number of people who get a certain percentage of the votes would get that percentage to go to the convention? I am afraid that what you are doing here will lock out minority groups or certain factions from getting to have representation at the convention with a `winner take all' system. It seems to me that is contrary to the point you are trying to make. Mr. Lawrence answered with respect to the elitism, the individuals that are interested in attending a national convention tend to be the party activists. The average registered voter is not interested in attending a national convention but is extremely interested in knowing who the nominee of the party will be and for whom the delegates will vote. Mr. Lawrence stated: It would be very difficult if you had a very small number of delegates and six or seven candidates running in a primary to divide them up properly. I believe the Republican Party delegation in Nevada this year is 14 delegates, seven in each congressional district, so that if you had six or seven candidates contesting for it, it would be almost meaningless in trying to divide it up. I believe the Democratic Party has 31 or 33 delegates assigned to Nevada from the national convention, and it would be a little easier that way. When you have a situation with a small number of delegates, it would be difficult to apportion. Senator Raggio commented the major candidates in a Republican situation probably would not come to Nevada to vie for two or three votes, but might consider visiting the state due to the potential of acquiring a block of 14 (delegate) votes. Senator Rawson asked how the number of delegates are determined. Mr. Lawrence replied delegates to the national convention are determined by the national convention itself. The national committee of each party under various formulas assigns to each state the number of delegates it will have. Senator Rawson asked if the congressional districts are equally set up. Mr. Lawrence answered the congressional districts are within 100 or 200 in population of each other as determined by census counts. Senator Rawson asked what process is used to select the seven individuals that are selected to attend the national convention from each of the two congressional districts. Mr. Lawrence responded upon filing his or her declaration of candidacy, the candidate also files the slate of delegates and alternates that are pledged to his candidacy in his or her congressional district. Senator Rawson asked if the delegates are bound, by law, to cast their votes in a certain way. Mr. Lawrence replied in the affirmative. Senator Coffin inquired how many sections of A.B. 695 will need to be amended should there be a sentiment for allowing the party to choose the way it apportions its delegates amongst the preference expressed for a candidate. Mr. Lawrence responded, "Probably two or three. I will have to look carefully at that since I have not considered it. This is a sunsetted provision, a one-time shot. We have been informed the Democrats are not interested in a primary this year." Senator O'Connell asked if the legislation for A.B. 695 was modeled after any other state's legislation. Mr. Lawrence said it was modeled after a few states. He stated Montana has experimented with the mail-in ballot process with great success. He indicated California's approach regarding the designation of delegates was also reviewed. In California, he said, the primary is held first, and after the winning candidate is determined, that candidate then files the slate of delegates. Senator O'Connell asked if the $1,000 filing fee is a standard price. Mr. Lawrence said this amount was recommended by the LCB. Senator Raggio said the benefit of a presidential primary does not relate to the amount of the filing fee, but to the attention it will bring to the state. He opined the appearance of competing candidates in a presidential primary in Nevada will provide a lot of political and financial rewards. Senator Raggio deferred to the chairman of the Senate Committee on Government Affairs to take action on A.B. 695. He pointed out since an appropriation is involved within the measure, it will also be appropriate for the Senate Committee on Finance to take action on A.B. 695. Since the Senate Committee on Government Affairs did not have a chance to perform an in-depth review of A.B. 695, Senator O'Connell asked for comments from members of the committee regarding the action to be taken at this time. Senators Porter, O'Donnell, and Raggio indicated their support of the passage of A.B. 695. Senator Titus remarked she is not prepared to vote on this measure tonight, and will abstain if a vote is taken. SENATOR O'DONNELL MOVED TO DO PASS A.B. 695. SENATOR RAGGIO SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR TITUS ABSTAINED FROM THE VOTE. SENATORS SHAFFER AND TOWNSEND WERE ABSENT FOR THE VOTE.) * * * * * Senator Raggio asked that a motion be taken from the Senate Committee on Finance to approve the aforementioned action, and stipulated the measure will be referred out of the Senate Committee on Government Affairs to the floor of the Senate without the necessity of further action by the Senate Committee on Finance. SENATOR RHOADS MOVED TO APPROVE THE DO PASS MOTION TAKEN ON A.B. 695 BY THE SENATE COMMITTEE ON GOVERNMENT AFFAIRS WITHOUT THE NECESSITY OF FURTHER ACTION ON THE FLOOR OF THE SENATE BY THE SENATE COMMITTEE ON FINANCE. SENATOR O'DONNELL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JACOBSEN VOTED NO.) * * * * * Senator Raggio adjourned the meeting at 11:50 p.m. RESPECTFULLY SUBMITTED: Marion Entrekin, Committee Secretary APPROVED BY: Senator William J. Raggio, Chairman DATE: Senator Ann O'Connell, Chairman DATE: Senate Committee on Finance Senate Committee on Government Affairs June 29, 1995 Page