Tue. Oct 8th, 2024

A voter shows identification to an election judge during primary voting on May 3, 2022 in Lordstown, Ohio. (Photo by Jeff Swensen/Getty Images)

After several years of embracing expanded voter access, Nevadans may, in the upcoming election, signal their openness to enacting some restrictions.

Question 7 proposes establishing in the state constitution a requirement that Nevadans must present government-issued photo identification before voting in-person. Question 7 would also require that voters using a mail ballot list the last four digits of their Nevada driver’s license number, the last four digits of their Social Security number, or a number provided to them by their county clerk when they registered to vote.

Because Question 7 began as a signature petition, it will need to be approved by voters twice. If it passes this November, the question will be placed on the 2026 general election ballot for final approval.

Supporters describe the proposal as a common sense election reform that may help restore people’s faith in the democratic process. Those opposed see it as “a solution in search of a problem” and say it could disenfranchise people who don’t have an acceptable form of ID.

“You need an ID to do almost anything,” says David Gibbs, chair of Repair the Vote Nevada, the political action committee that qualified the question for the ballot. “You can’t open a checking account without an ID. … You can’t apply to Medicaid without a photo ID. All the kids in schools are given them. When you look at those kinds of things, they’re out there. People have them.”

But voting advocates argue that casting a ballot is not the same thing as buying cigarettes or alcohol, or boarding a plane, or any of the routine activities that people often cite as examples of times people are carded.

“Voting is a right we all have to choose our leaders,” reads the official opposition argument. “We shouldn’t stop anyone who can vote from voting.”

Those opposed point to studies showing infinitesimally small instances of voter impersonation, though supporters rebut that election officials are simply not looking or safeguarding against it.

Gibbs points to Nevada’s adoption of universal mail ballots, which he fought and wanted voters to repeal two years ago, saying the new policy has resulted in the sending of ballots to people who have no desire to vote. He also noted people are concerned about non-citizens voting.

“I’m not saying (there’s been) fraud,” he said, “but it does raise questions about the system. This is a step toward addressing that. Adding faith to the state of elections.”

Question 7 lists eight approved forms of government-approved IDs, including driver’s licenses, passports and tribal photo IDs. It also allows the Nevada State Legislature to approve other acceptable IDs, though they must still be government issued. The IDs must be current or not expired for more than four years, unless the voter is over 70, in which case the ID can be expired for any length of time.

The language of Question 7 doesn’t address what would happen if a voter turns up on Election Day without an acceptable photo ID to show. Gibbs said he suspects the Nevada Secretary of State will set regulations that allow that voter to cast a provisional ballot and show proof later in order to have their ballot counted.

Those opposed to voter ID say that requiring additional personal information on mail ballots will lead to an increase in ballots being flagged for curing, which will be more time consuming for elections offices and lead to more votes not being counted as voters are unable to meet the curing deadline.

Gibbs acknowledged that could happen but said he believes most of that can be addressed with proper ballot designs that remind voters to include that information.

Part of a national trend

In 2022, Arizonans rejected a ballot measure that would have required voters to include their date of birth and voter identification number when voting by mail. The ballot measure would also have eliminated the ability for voters to present two documents with their name on it in lieu of a photo identification, which was already required in the state.

That outcome was seen as atypical — perhaps a pushback to the fervent election denialism that has flourished in the swing state since 2020. Voter ID ballot measures across the country have historically passed with comfortable margins, and the issue polls extremely well.

The most recent statewide ballot initiative focused solely on establishing a photo ID requirement was approved by Nebraskans in 2022, according to a database maintained by the National Conference of State Legislatures. It received just shy of 60% support. Ohio, Missouri and Wyoming have also established a photo ID requirement since 2020.

According to NCSL, 36 states have laws requesting or requiring voters to show some form of identification at the polls. Strictness on the forms of ID accepted vary by state, but 21 states require photo identification and 15 states accept non-photo forms of identification, such as utility bills or bank statements that include a person’s name and address.

Nevada is among the 14 states that currently do not require any documentation. Signatures are used to verify identification. Signature verification technology has been baselessly criticized by Donald Trump and his allies as they have tried to sow distrust and overthrow the results of the 2020 presidential election.

In 2022, Gibbs filed a similar voter ID petition, as well as a referendum on universal mail ballots, but the effort died after a pair of unfavorable legal rulings.

Who’s funding Question 7?

Repair the Vote PAC raised more than $307,000 during the first half of 2024, according to its July 15 campaign finance report.

That money came from four donors:

$157,000 from Civic Voter Engagement, a Virginia-based nonprofit with no easily findable online presence;
$100,000 from Allen Knudson, a Henderson resident;
$40,000 from Nevada Corporate HQ Inc, a company that helps entrepreneurs and investors form businesses in Nevada; and
$10,000 of facility rental provided by Ahern, a Nevada-based company owned by GOP mega donor Don Ahern.

Cort Christie, the founder of Nevada Corporate HQ Inc, also financially backed Gibbs’ voter ID effort in 2022.

Another PAC, the Nevada Voter ID Coalition, announced in September that it would be supporting the passage of Question 7. Republican Joe Lombardo is named as the coalition’s honorary chair. City of Sparks attorney Wes Duncan, real estate agent Tina Brown, and businessman Tim Cashman are co-chairs.

The coalition received $1.4 million during the first half of 2024, according to campaign finance reports.

That money appears to have been provided by Las Vegas Sands Corp but funneled through a PAC aligned with Lombardo. The casino giant — owned by Republican mega donor Miriam Adelson — gave $1.5 million to Better Nevada PAC on May 10. That same day, the PAC transferred $900,000 to the Better Nevada Ballot Advocacy Committee — now known as the Nevada Voter ID Coalition. Later in May, Better Nevada transferred an additional $500,000.

The next quarter of campaign finance reports are due Oct. 15, four days before in-person early voting begins.

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