MINUTES OF THE
ASSEMBLY Committee on Elections, Procedures, and Ethics
Seventieth Session
February 17, 1999
The Committee on Elections, Procedures, and Ethics was called to order at 6:03 p.m., on Wednesday, February 17, 1999. Chairwoman Chris Giunchigliani presided in Room 3138 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Ms. Chris Giunchigliani, Chairwoman
Mr. Bob Price, Vice Chairman
Mr. Bob Beers
Mr. Joseph Dini, Jr.
Ms. Sheila Leslie
Ms. Kathy McClain
Mr. Richard Perkins
Ms. Sandra Tiffany
Ms. Kathy Von Tobel
STAFF MEMBERS PRESENT:
Scott G. Wasserman, Chief Committee Counsel
Michael Stewart, Committee Policy Analyst
Jodie Van Wyhe, Committee Secretary
OTHERS PRESENT:
Carson City
Leola Armstrong, Private citizen
Polly Brinkley, Friends of Tule Springs
Pamela Crowell, Deputy with Elections Division, Secretary of State office
Alan Glover, Nevada Association of Election Officials
Dan Hansen, Independent American Party
Dawn Hansen, Independent American Party
Wayne Perock, State Parks Division
Barbara Reed, Nevada Association of City Election Officials/Douglas County
Terri Robertson, Friends of Tule Springs
Las Vegas
Christopher Hansen, First Christian Fellowship of Eternal Sovereignty
Joshua Hansen, First Christian Fellowship of Eternal Sovereignty
Nick Hansen, First Christian Fellowship of Eternal Sovereignty
Brenda Kennedy, Private citizen
Patricia Long, Friends of Tule Springs
Richard Massar, Private citizen
Frank Maxwell, Sheep Mountain Homeowners
Helen Mortenson, Concerned citizen
Joan Ochspoole, Friends of Tule Springs
Gerry Trousdale, Friends of Tule Springs
Karen Valerio, Friends of Tule Springs
Chairwoman Giunchigliani apologized to the public for starting late both in Carson City and Las Vegas, as there were two other committee hearings, and several of the members of the Elections, Procedures, and Ethics Committee were in those meetings. She presented a committee introduction of BDR R-1531.
(A.J.R. 8)
Chairwoman Giunchigliani asked for a motion for the introduction of the
BDR R–1531.
ASSEMBLYMAN PRICE MOVED FOR THE INTRODUCTION.
ASSEMBLYWOMAN VON TOBEL SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Chairwoman Giunchigliani stated she would go to the work session before opening the hearing on A.B. 161.
ASSEMBLY BILL 40: Revises provisions governing election of candidate to partisan office. (BDR 24-731)
Chairwoman Giunchigliani stated she had received a fax from Mr. Jim Hulse of Common Cause supporting A.B. 40. She submitted the letter for the record
(Exhibit C). She entertained discussion at this time. Hearing none, she called for a vote.
ASSEMBLYMAN BEERS MADE THE MOTION TO DO PASS A.B. 40.
ASSEMBLYMAN PRICE SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Chairwoman Giunchigliani ended the work session on A.B. 40 and opened the hearing on A.B. 161.
ASSEMBLY BILL 161: Requires advisory question on ballot in Clark County concerning renaming of Floyd Lamb State Park.(BDR S-47)
Chairwoman Giunchigliani explained the committee would hear testimony for and against A.B. 161 from the public in Carson City and Las Vegas. She asked who planned to speak in Las Vegas, because the fax with the attendance sheet had not been received. Four or five indicated they would like to speak. She noted she had planned a time specific on A.B.- 161 and would hear 15 minutes for the bill, and 15 minutes against. She asked the public not to be redundant and reminded them they were welcome to sign the attendance sheet in favor or opposition without having to provide testimony.
Chairwoman Giunchigliani called Assemblywoman Van Tobel as the main sponsor of A.B. 161 and Terri Robertson, Friends of Tule Springs. Assemblywoman Von Tobel stated out of respect for her constituents, she had drafted A.B.161. She
explained in detail the community support and the status of the park at present, and offered a handout for the committee (Exhibit D), included were letters from the public and a letter from former Governor Bob Miller. The Council recommended the local council be the one to initiate the name change. She stressed the people should have a right to vote on the name of the park. She urged that politics be placed aside. Assemblywoman Von Tobel explained there had been a bill presented in the 69th Session to have the name changed, and the bill received no action. She told the committee the City Council had voted several years ago for a name change.
Ms. Terri Robertson, Friends of Tule Springs, testified in favor of A.B. 161. She read from a prepared speech (Exhibit E), in which she talked about her history with Tule Springs, her family background, and the history of Tule Springs. She noted the importance of renaming the park in relation to other historical sites in that area and controversy over the name change had caused her to organize Friends of Tule Springs. She believed the present name of the park was not in keeping with the historical background and touched on the past historical archaeological findings in that area. Ms. Robertson elaborated on how many times the land had changed hands until the park was acquired by the state in 1977.
Continuing, Ms. Robertson said on June 1, 1977, after the legislative session adjourned, the Las Vegas City Commissioners approved a resolution and changed the name to Floyd Lamb Park. On August 22, 1977, the mayor signed the deed transferring the property to the state, previously known as Tule Springs Park and now to be known as Floyd Lamb Park. In 1981, the park was placed on the National Registry of Historical Places. Ms. Robertson requested an advisory question be placed on the next general election ballot. The voters needed to decide whether the name should remain Floyd Lamb Park or be changed back to Tule Springs Park.
Chairwoman Giunchigliani thanked Ms. Robertson for the background homework and testimony. She appreciated the emotional side of the issue, as it had been dealt with for some time. She asked for questions, and none asked.
Chairman Giunchigliani stated testimony be heard from Las Vegas for 5 minutes due to the length of Ms. Robertson’s testimony. She would then return to Carson City for testimony. The following persons were in support of A.B. 161. Helen Mortenson, Concerned Citizen, Brenda Kennedy, and Gerry Trousdale, Friends of Tule Springs, all spoke for several minutes.
Chairman Giunchigliani thanked them for their testimony and called on those in Carson City who wanted to testify against A.B. 161.
Chairwoman Giunchigliani called Leola Armstrong and recognized her as a Legislative Hall of Fame recipient. She served as Chief Clerk of the Senate for 27 years. Ms. Leola Armstrong testified in opposition to A.B. 161. She gave a description of her background and her knowledge how Floyd Lamb Park came to be named (Exhibit F). She stated the park would have been a housing or commercial development if Floyd Lamb had not gotten the state to appropriate money for the park itself. She further stated Floyd Lamb had not requested his name be placed on the park, even though now he was reluctant to have his name removed. Ms. Armstrong emphasized the bill needed to stay in committee and not be acted on. She had known Mr. Lamb for 40 years, and felt he was responsible for many good things in the state. A.B. 161, she concluded, would be another punishment for Floyd Lamb. He had erred and been found guilty and served time in prison years after the park name had been changed. He had paid his debt to society and to change the name now would be vicious and cruel. She thanked the committee for allowing her testimony.
Chairwoman Giunchigliani noted no one else signed in opposition. She thought the 30 minutes had expired long ago and took additional testimony.
Polly Brinkley, Friends of Tule Springs, testified in favor of A.B. 161, and the renaming of the park had nothing to do personally with Floyd Lamb. The park had been known in her family as Tule Springs Park, not Floyd Lamb Park.
Chairwoman Giunchigliani returned to the public to testify in Las Vegas. The following persons requested their names be placed on record as being in support of A.B. 161: Joan Ochspoole, Friends of Tule Springs; Karen Vallerio, Friends of Tule Springs; Frank Maxwell, Sheep Mountain Homeowners; Patricia Long, Friends of Tule Springs.
Richard Massar spoke in opposition to A.B.161, as he studied the administrative costs to change the name back to Tule Springs and found it would cost too much. As a point of interest, he found the Nevada website and Nevada maps had the name of Floyd Lamb Park, not Tule Springs Park and the cost to reprint would be wasteful.
Chairwoman Giunchigliani thanked those who testified, and asked if there were any further questions or comments from the public. Hearing none, she closed the hearing on A.B.161 with no action taken by the committee.
Chairwoman Giunchigliani opened the hearing on A.B. 169, and called the main sponsor of the bill, Assemblywoman Tiffany.
ASSEMBLY BILL 169: Authorizes elector to provide information as alternative to certain forms of identification when registering to vote.(BDR 24-869)
Assemblywoman Tiffany explained A.B. 169 was drafted as a result of a young person in her district who had to go to court to be able to vote in the election. Mr. Joshua Hansen, the young man, was unable to register to vote, as he had no Social Security number due to his political and religious beliefs. An interpretation of the law was he must have a Social Security card number before he could become a registered voter. Mr. Hansen sued Clark County and the case was heard before Judge Porter, District Court. The judge ruled that Mr. Hansen could be registered to vote. During the court hearing the focus was on the state statutes regarding voter registration and what identification the registrars could ask from a person. Assemblywoman Tiffany then requested a bill draft to create an alternative to a Social Security card. What that particular bill suggested was the creation of a random identification number. Section 2 of A.B. 169 would create a unique number, and one the registrar of the particular county would issue to a voter for identification and tracking purposes. She explained the creation of a unique number was not hard to do. Assemblywoman Tiffany emphasized qualified voters need not be kept out of the voting process just because they needed a Social Security card number as proof of their identity. Each county would be responsible for creating its own random numbering system. Chairwoman Giunchigliani felt a regulation should be adopted so the number was uniformly applied. Assemblywoman Tiffany finished her testimony.
Chairwoman Giunchigliani called Dan Hansen and Dawn Hansen, both of the Independent American Party of Nevada, who testified in favor of A.B. 169. Dan Hansen stated the importance of not having a Social Security number, and he stressed Social Security numbers were not created for the use of providing identification to become a registered voter.
He then read from a handout from Janine Hansen (Exhibit G), as she left due to other commitments. She wished to be on record in support of A.B. 169.
Dan Hansen resumed with his testimony by noting his rights had been violated if he needed to use a Social Security card. He felt a random number needed to help with voter fraud. He requested references to the Department of Motor Vehicles be deleted from the bill, as he felt their agency had nothing to do with voter registration. Dawn Hansen noted she was the mother of the 18-year-old who tried to register to vote, and explained in detail the issues he had faced. When Joshua Hansen turned 18, he attempted to register to vote. According to federal mandates, a person must have a Social Security card number to have a driver’s
license or become a registered voter. Joshua Hansen had neither a Social Security card number nor a driver’s license. He wanted to vote, so he sent a certified registered letter to Mr. Dean Heller, Secretary of State, addressing his needs as to how to go about becoming a registered voter without a Social Security card number, and received no response from Mr. Heller or his office. Dawn Hansen stated her son would have been prevented from participating in the voting process because of the Social Security card number. She also felt the number did not prove a person was a citizen of a particular state or even a resident. According to Dawn Hansen, Assemblywoman Tiffany was the only one to respond to the issues. She also complimented Judge Porter for allowing her son to vote.
Joshua Hansen had school records and birth certificate. The way the current law read he needed up to three forms of identification, of which a Social Security card was one. A.B. 169 would solve the issue by creating an identification number rather than mandating the use of a Social Security card number.
Alan Glover and Barbara Ray were called to testify. Alan Glover, Nevada Association of Election Officials, stated the Association of Election Officials are neither in favor of nor opposed to A.B 169. At present, he suggested a standard number given to people for voting purposes and tracking if anyone objected to providing a Social Security number. Perhaps the number was the last four digits of the Social Security card number plus some code for the county or the district. The procedure could accomplish voter tracking and less voter fraud. The state was working towards statewide voter registration and eliminating duplication. The election bureau assigned a number for a person if they were without a Social Security card number, or they objected to showing their card number. Many times a person did not want their Social Security number displayed or known which made it necessary to assign another number to enable the person to vote.
Assemblywoman Tiffany, who had rejoined the committee after the bill introduction, asked Alan Glover about the implementation of regulations for people who did not wish to share Social Security card numbers. In responding, he said many times a person did not want their Social Security number displayed or known for the record. He felt another number must be assigned, and how a number was created should be in regulation.
Christopher Hansen, Independent American Party Central Committee of Nevada in Las Vegas, spoke in favor of A.B. 169. He presented a copy of the paper he had prepared and read sections to the committee (Exhibit H). His son, Joshua Hansen, was the young man responsible for the introduction of the draft A.B. 169 by Assemblywoman Tiffany. He discussed many of the issues surrounding current law, as explained in the handout.
Joshua Hansen, son of Christopher Hansen, spoke adamantly in favor of A.B. 169 due to his personal knowledge of not being able to register to vote prior to an election because of no Social Security number. He also read from prepared statements, which covered sovereignty all the way to freedom.
His brother, Nicholas Hansen, spoke in favor of A.B.169.
Introduced into record were letters from other people in Las Vegas. Brian Davie, Legislative Counsel Bureau, wrote a letter (Exhibit I) which stated Kathryn Ferguson, Clark County Registrar, wanted to go on record in favor of A.B.169 (Exhibit J). She had to leave the meeting before she was called to speak.
Chairwoman Giunchigliani thanked the public in Las Vegas, and returned for additional testimony from Carson City.
Pamela Crowell, Deputy with Division of Elections, Secretary of State office, spoke about a concern in regard to A.B 169. The elections division wanted flexibility due to not wanting to have people show a Social Security card. She stressed no qualified voter need be denied the right to vote. The elections division would appreciate suggestions.
Chairwoman Giunchigliani asked for questions. Hearing none, the hearing closed on A.B. 169 with no action taken by the committee.
Chairwoman Giunchiliani adjourned the meeting at 7:40 p.m.
RESPECTFULLY SUBMITTED:
Jodie Van Wyhe,
Committee Secretary
APPROVED BY:
Assemblywoman Chris Giunchigliani, Chairwoman
DATE:
A.B.161 Requires advisory question on ballot in Clark County concerning renaming of Floyd Lamb State Park. (BDR S-47)
A.B.169 Authorizes elector to provide certain information as alternative to certain forms of identification when registering to vote. (BDR 24-869)
A.B.40 Revises provisions governing election of candidate to partisan office. (BDR 24-731)