MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES

 

      Sixty-seventh Session

      April 27, 1993

 

 

 

The Assembly Committee on Elections and Procedures was called to order by Chairman Myrna T. Williams at 3:40 p.m., Tuesday, April 27, 1993, in Room 331 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mrs. Myrna T. Williams, Chairman

      Mr. Joseph E. Dini, Jr.

      Mrs. Jan Evans

      Mr. Val Z. Garner

      Mr. David E. Humke

      Mrs. Joan A. Lambert

      Mr. William A. Petrak

 

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. Robert E. Price (excused)

      Mr. Gene T. Porter (excused)

      Mr. Robert M. Sader

      Mr. Scott Scherer (excused)

 

GUEST LEGISLATORS PRESENT:

 

      Secretary of State Cheryl Lau

      Assemblyman Gene Wines Segerblom, District No. 22

 

STAFF MEMBERS PRESENT:

 

      Mr. Robert Erickson/Research Director, Legislative Counsel Bureau

      Mr. John R. Crossley/Director, Legislative Counsel Bureau

 

OTHERS PRESENT:

 

      Mr. Dale Erquiaga/Deputy Secretary for Elections,

        Secretary of State, State of Nevada

      Mr. Kirby Burgess/representing Clark County

      Mr. Gary Gray/Democratic Party

 

 

 

 

AB 426:     Requires secretary of state to prescribe procedures to ensure that each ballot box is accounted for after election.

 

Assemblyman Segerblom, prime sponsor of AB 426, described the legislation and asked Secretary of State Cheryl Lau and Mr. Dale Erquiaga, Chief Deputy Secretary of State, to join her in testifying to the committee.

 

Assemblyman Segerblom described AB 426, which must include inspection and disposition of ballot boxes and procedures to ensure ballot boxes are distributed, collected and accounted for after an election.

 

Secretary of State Cheryl Lau introduced Mr. Dale Erquiaga

and spoke on behalf and in support of AB 426.  She clarified the fiscal note showed no fiscal impact on her office, therefore, there would be no effect on the state.  She did not know the fiscal impact on Industrial Insurance.

 

Secretary of State Lau stated AB 426 mandated Secretary of State prescribe procedures ensuring ballot box accountability after an election.  She advised AB 426 worked with the ballot security plan in effect since last legislative session (NRS 293.391 on Page 2, line 6 to 8).

 

While AB 426 was a good plan, she asked committee for clarification of line 16, page 1.  She asked what information could be put on the receipt to ensure the receipt would meet committee needs, and she offered suggestions which were the name of the person who carried the ballot box, (who picked the box up and returned the box), the location, the time ballot box was picked up and delivered, and the date.

 

Mrs. Williams pointed out the election officer was required to sign the receipt, therefore time in, time out and location would need to be added.

 

Secretary of State Lau asked the committee to advise her if the committee would like to add anything else to the receipt to make it clearer.

 

If AB 426 passed, she exclaimed her office looked forward to writing appropriate regulations for ballot box security.

 

The chair recognized Mr. Humke who addressed Secretary of State Lau calling attention to potential evidence in a fraud prosecution and suggested a chain of custody if the box had been out of sight of a person who was given a receipt.  A chain of custody would be important in that event, he explained.

 

Assemblyman Segerblom had in mind the loss of boxes rather than fraud, and she described the problem which occurred in the last election.  Responding, Mr. Humke said the problem could be negligence or fraud, and, in either case, he felt the information would be important.

 

Secretary of State Lau concurred with Assemblyman Segerblom, however, Secretary of State Lau realized the importance of chain of custody and asked that wording be included in the receipt.

 

Mrs. Lambert, referring to line 16, asked if the election officer who signed a receipt was a member of the election board at each precinct.  Her understanding was the election officer was a registrar or county clerk.

 

Secretary of State Lau answered Mrs. Lambert it was both. 

 

Mr. Erquiaga announced the term election officer was broad and general enough to cover the election board chairman who would get the box and also the people who would receive the box and process it for counting. 

 

Mrs. Williams felt Mr. Humke and Secretary of State Lau had made a valid point regarding integrity and chain of custody.  She clarified when ballot boxes were picked up, they were picked up by police officers and delivered to the central place where the boxes were counted.  She thought it might differ in the counties,  but the integrity of the ballot box would be ensured by this method without moving further into the chain of custody.

 

Mr. Dini felt loss of boxes would occur from voting place to the courthouse where votes were counted, and he did not feel the suggestions answered the problem.

 

Assemblyman Segerblom referred to a specific instance and said the problem was caused by not signing the boxes in and out.  The boxes were not lost between the voting place and the registrar's office.

 

Mr. Dini felt assurance was necessary that the box would be accounted for in a timely manner when the officer signed for the box from the election corps at the polls and when the box was received at the county clerk's office to be counted.  He urged the words timely manner be specified.

 

Secretary of State Lau thanked Mr. Dini for his input and replied this could be done within regulations.

 

Assembly Segerblom questioned Secretary of State Lau if the boxes were numbered.  Secretary of State Lau referred the question to Mr. Erquiaga who replied by regulation the ballot boxes had to be sealed either with a numbered seal or a lock.  In rural counties large tin boxes with padlocks were used and the precinct number was affixed to the box.  In Clark County numbered seals, which could be broken after delivery at the counting place, were used.

 

Mrs. Williams felt this would go along with Mr. Dini's concern if a master list was at the courthouse and all ballot boxes could be accounted for from the master list.

 

Mrs. Evans asked for clarification of present procedures.

 

Secretary of State Lau replied procedures differed in each of the counties and AB 426 would codify the procedures.  She referred to Mr. Erquiaga who discussed the three absent ballot boxes.  He conveyed the boxes were supposed to be inventoried before they went to the polls and were supposed to be inventoried when returned from the polls.

 

Mrs. Williams thought along with the amendment, a master list should be required and all boxes must be accounted for including the absentee ballot boxes so it was known how many boxes were used.  At the end it would be known that all boxes were accounted for before boxes were certified.

 

Mrs. Williams asked Mr. Kirby Burgess, representing Clark County, if he cared to comment on behalf of Clark County.  Mr. Burgess had no specific comments but replied Clark County was in support of anything that could be done in regard to election reform.

 

Mr. Gary Gray, Democratic party, testified in Clark County following the last general election, three days after the election and after the ballots were counted, three ballot boxes were discovered which had accidentally been moved through the process without being opened and counted.  The boxes were in three different sections of town, not from the same polling place.  The same mistake occurred in three different situations, he reiterated.  In drafting regulations to follow this, Mr. Gray asked the regulations not end at the time boxes were returned to the polling place, but through the count procedure.  He suggested this be looked at all the way through and not see the procedure terminated when boxes came in for count. 

 

Mrs. Williams asked Mr. Gray for any other suggestions he might have regarding the integrity of the chain.  Mr. Gray thought Mr. Humke's comments with regard to keeping a record of who had possession and when, a log in/log off type of operation, was a necessity. 

 

Mrs. Williams stated clearly several amendments were needed to strengthen AB 426. 

 

      ASSEMBLYMAN HUMKE MOVED TO AMEND AND DO PASS ON AB 426.

 

      ASSEMBLYMAN DINI SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.

      ASSEMBLYMEN PRICE, PORTER, SADER AND SCHERER WERE ABSENT.

 

Chairman Williams then asked Mr. Humke to take care of the amendment.

 

Mr. Humke responded to Mr. Gray's comment and said he felt going through the accounting process was important in the chain of custody.  Mr. Humke felt the concern was not fraud as much as accountability.

 

AB 429:     Eliminates requirement for election for board of directors of county fire protection district if only one candidate files for office.

 

Mr. Dini declared in the 474 fire protection district of Lyon County, getting anyone to run for election was extremely difficult and, in addition, long-time members would serve for many years with no opposition.  AB 429 gave a candidate the opportunity to avoid the election and the cost of an election if no one filed for the job and there was only one candidate.

 

He noted Washoe and Douglas Counties also had 474 fire protection districts, and they could have different problems there.  Mr. Dini said the bill came from his fire district in Mason Valley. 

 

Mr. Dini specified legislation on 474, which streamlined the message for creating the district, was in Government Affairs to be heard April 28.  Mr. Dini conceded AB 429 would be a deviation from the general election laws of the state.

 

Mrs. Williams referenced another bill which, in the event only one candidate ran for an office without any opponents, would allow a candidate to be elected in a primary election in order to decrease campaign expenses.  Members of the committee clearly had uneasy feelings, she stressed.

 

Mrs. Lambert's concern was if the procedure was done for one election it could affect other districts with other elections requesting the same legislation.

 

Mr. Dini acknowledged he did not know how many 474 districts were in Nevada.  It was a little used method of forming a fire district, and he noted Smith Valley and Mason Valley had 474 districts.  In the districts, the problem was getting candidates to run for election.  Mrs. Lambert asked for clarification AB 429 referred to NRS 474.  Mr. Dini clarified AB 429 affected only NRS 474.

 

      ASSEMBLYMAN LAMBERT MOVED TO DO PASS ON AB 429.

 

      ASSEMBLYMAN DINI SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.

      ASSEMBLYMEN PRICE, PORTER, SADER AND SCHERER WERE ABSENT.

 

 

There being no further business to come before committee, the meeting was adjourned at 4:07 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

 

                             

      BOBBIE MIKESELL

      Committee Secretary

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Assembly Committee on Elections and Procedures

April 27, 1993

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