Jim Hartman: ‘Ranked choice’ voting for Nevada – reform or confusion?

Nevada voters in November approved Question 3 that would eliminate partisan primaries and establish an open primary and top-five “ranked-choice” voting in general elections.

Question 3 won with 524,868 votes (53%) to 466,636 (47%) opposing the initiative.

Because it would amend the state constitution, voters must approve the ballot initiative again in 2024 before it can become law.

If it passes a second time, the Legislature would then adopt implementing legislation by July 1, 2025. These changes would be effective starting with the June 2026 primary election.

The measure affects all elections for congressional, state constitutional and state legislative offices.

Under current law, Nevada’s partisan primaries are exclusively for Nevadans registered as Republicans (30%) or Democrats (33%). Current law excludes the 37% of all Nevada voters not registered as Republican or Democrat from partisan primary elections.

Nevada would be adopting a “jungle primary” system open to all registered voters. The top-five vote getters for each office in the primary, regardless of party, would then face off in a “ranked-choice” runoff general election in November.

In “ranked-choice” elections, voters rank candidates in order of preference. In Nevada, a voter could choose just one candidate or rank up to five in order of preference.

If no candidate is the top preference for more than 50 percent of voters, the candidate with the fewest first-choice votes is eliminated. Those votes are then distributed to the candidates listed as a second preference. The process continues until one candidate has gained majority support.

Question 3 backers promoting “ranked choice” voting in Nevada were largely wealthy out-of-state financial donors.

Nevada Voters First, the in-state group backing Question 3, received more than $19.4 million in contributions with almost all the money coming from out-of-state.

The lead contributor was Chicago-based political mega-donor Katherine Gehl, who gave $6.5 million.

The group also received an additional $9.5 million in contributions from four billionaire donors based in Florida, Texas, New York and California.

The group reportedly spent over $7 million on broadcast ads. These ads promoted the popular “open primary” for all voters – but avoided any reference to the “ranked-choice” provision.

Proponents of Question 3 vastly outspent opponents by over 12 to 1 ($19.4 million to $1.6 million).

Opposition to Question 3 in Nevada was bipartisan and across the political spectrum.

Top Democrats, including Gov. Steve Sisolak and U.S. Sens. Catherine Cortez Masto and Jacky Rosen, sharply criticized the initiative as too onerous and complicated for voters.

Other top Democrats joined in opposition, including Senate Majority Leader Nicole Cannizzaro and presumed Assembly Speaker Steve Yeager, taking issue with this unproven system being enshrined in Nevada’s state constitution.

Opponents also included the Progressive Leadership Alliance of Nevada and Nevada’s State AFL-CIO.

Republican opponents included the Nevada Republican Party, Gov.-elect Joe Lombardo, U.S. Senate nominee Adam Laxalt and Rep. Mark Amodei.

So far, only Alaska and Maine have ranked choice voting for all elections.

After a Democrat won the special election for Alaska’s U.S. House seat in August, besting two Republicans, U.S. Sen. Tom Cotton, an Arkansas Republican, tweeted, “Ranked choice voting is a scam to rig elections.”

The Republican National Committee at the time said ranked choice voting “disenfranchises voters.”

Republican leaders were similarly outraged in 2018 when Maine voters used the ranked choice system to elect a Democrat to Congress even after the Republican candidate had the most first-choice votes in the initial round of tabulation.

California Gov. Gavin Newsom has vetoed attempts to implement ranked choice voting at the state level. Voters in Massachusetts also rejected ranked choice by a wide margin (55%-45%) in a 2020 statewide referendum.

Ranked choice voting forces voters to play its complex game or risk being uncounted when not selecting “backup” politicians. Final results will be delayed for days, thereby undermining voter confidence.

This “reform” adds complication and confusion to elections. Nevada voters revisit the ranked choice question in 2024.

E-mail Jim Hartman at lawdocman1@aol.com.