According to the Nevada Secretary of State website, Barbara Cegavske announced on May 1, 2020, that county election officials have begun the process of mailing out 2020 primary election ballots so registered voters can vote from home.
The 2020 primary election will be a vote-by-mail election due to the COVID-19 pandemic.
“The Secretary of State’s office and all 17 Nevada county election officials are working to provide Nevada families and communities a safe and secure way to exercise their right to vote during the 2020 primary election by offering a mail-in ballot. Mail-in ballots provide Nevadans an accurate and valid way to vote this primary election in the comfort, safety, and privacy of their own homes by simply mailing it or dropping it off,” stated Wayne Thorley, deputy secretary of state for elections.
Active registered voters will automatically receive a vote-by-mail ballot delivered by the U.S. Postal Service. Instructions for voting by mail are included with the ballot. Also included is a secure pre-addressed, postage-paid ballot return envelope that must be used to return the ballot by mail or in person. Voters are reminded to sign their ballot return envelope before dropping it in the mail. In-person ballot drop-off will also be made available.
In-person voting will be permitted during the early voting period and on election day, June 9 for same-day registration and information updates. Early voting for the primary election with by from May 23 to June 5.
On Thursday, April 30, a federal judge had the opportunity to block the Nevada Secretary of State’s decision to make the 2020 primary election a vote-by-mail ballot.
U.S. District Judge Miranda Du rejected the attempt by a conservative voting rights group to block the primary based on concerns of the potential for voter fraud.
According to the Reno Gazette, another hearing is scheduled for the week of May 4, however, the secretary of state and county election officials began mailing out the absentee ballots May 1 because Nevada Democrats want to halt the plan to use absentee ballots due to concerns about the impact voting from home will have on minorities, the poor, and the elderly.
On Thursday, Du ruled that the plaintiffs in this case, represented by lawyers for the right-leaning Voters’ Rights Initiative, did not establish the “legal standing necessary to obtain a court order blocking the election, primarily because the harm it claims is speculative.”
However, Du says she would have rejected the request for a preliminary injunction based on the merits of the case even if Voters’ Rights Initiative had provided the legal standing the needed.
In a 24-page opinion, Du wrote, “The court finds that (Nevada’s) interests in protecting the health and safety Nevada’s voters and to safeguard the voting franchise in light of the COVID-19 pandemic far outweigh any burden on plaintiff’s right to vote.”
The plan was announced in March by Republican Secretary of State Cegavske, saying that the plan will allow voters to cast their votes in person if they choose to do so during early voting. However, Cegavske is only requiring one voting place to be established in each of the 17 counties in Nevada.
An Indiana-based attorney for the plaintiff argued that Nevada’s legislature is only allowed to change election rules. The lawyer, James Bopp Jr. said that Cegavske’s plan was not formalized as regulation subject to public hearings.
“She can’t just go out on her own and establish election procedures,” Bopp Jr. told the judge.
Du did not agree.
In her 24-page opinion, she added, “The Nevada Legislature has vested the secretary with authority to enact voting regulations.”
Democrats appreciate the mail-in voting approach. They are concerned there will not be enough in-person voting sites to meet the needs of each county. Additionally, they believe the mail-in ballots should be sent to all registered voters, not just registered active voters. (Active means they have participated in the last two elections). Inactive voters must call their town office and request the absentee ballot.
By Jeanette Vietti
Sources:
NSOS.gov: 2020 Primary Election Mail-in Ballots on the Way to Nevada Voters Stating Today
Reno Gazette: Federal judge refuses to block Nevada’s mail-in primary election
KXNT Radio: Judge Refuses To Block Nevada’s Mail-In Primary Election
Image Courtesy of Fred Moore’s Flickr Page – Creative Commons License