Election law changes draw criticism

Nevada lawmakers heard criticism Tuesday of a proposal from the secretary of state's office that would increase penalties for offenses such as intimidating voters and interfering in the conduct of an election.

Critics told Senate Legislative Operations and Election Committee members that the election law changes proposed in AB82 are potentially unconstitutional and amount to government micromanagement in the election process.

Secretary of State Ross Miller said the more than 80-page bill was drafted to streamline the election process, in part by creating an electronic voter database that gives people the option of registering to vote online.

Miller also the bill would combat election fraud, citing alleged election fraud abuses involving political advocacy group ACORN, the Association of Community Organizations for Reform.

American Civil Liberties Union of Nevada representative Lee Rowland opposed AB82, saying, "I think about half the bill is deeply unwise, or flatly unconstitutional." She offered amendments deleting part of the bill that would turn various election law violations into felonies.

Lee also said a provision requiring anyone who makes independent expenditures on behalf of political candidates to first register with the secretary of state amounts to unconstitutional "prior restraint on speech."

Lee also opposed a requirement for such registration by ballot advocacy groups that make expenditures in made in excess of $100.

"Let's say you spends $150 on fancy lawn sign for a candidate," Lee said. "Under this bill, you will be prohibited from doing that unless you previously register with the secretary of state."

David Schumann, chairman of the Nevada Committee for Full Statehood said "there are dozens of reasons" why he is opposed to the bill, adding it's "government micromanagement at its best."

Miller's elections chief, Matt Griffin, said critics didn't portray the bill accurately.

"What you have in AB82 is essentially the only bill before the Nevada Legislature that was authored and co-authored by people who actually put on your elections. The testimony you've heard today is a mischaracterization of what the bill actually does," Griffin said.

Griffin also said the bill improves rules for registration drives in part because some of the voter registration work in 2008 was done by ex-cons who had done time for identity theft.

Other parts of the bill mandate electronic filing of campaign contribution and expense reports starting in 2011.