Democrats demand changes to June 9 mail election

Lawyers for the Nevada Democratic Party sent a letter to Nevada Secretary of State Barbara Cegavske on Friday demanding a number of changes to the plans for the state’s all-mail primary on June 9, including more in-person voting locations, refusing to reject ballots because a voter’s signature doesn’t match and more time to match voters with unsigned ballot envelopes.

The letter, sent by attorneys Marc Elias and Bradley S. Schrager, said several of the policies put forward by Cegavske’s office on March 24 may violate both the state and U.S. constitutions as well as state election codes. Elias is a prominent attorney in national Democratic politics who represents the Democratic National Committee and dozens of sitting congressional members, and who served as general counsel for Hillary Clinton and John Kerry’s presidential campaigns.

“We hope that your office will amend certain aspects of the announced policies given our concerns in an effort to ensure as many registered Nevada voters as possible can cast a completed ballot in the June primary and to avoid litigation on these issues,” it reads.

Cegavske shut down the requests Tuesday night, saying the Democrats were asking her not to follow Nevada laws.

Expanding participation

In a statement Tuesday morning, the party said its recommendations “will make it possible for every eligible voter to have the opportunity to participate in the upcoming election and do so safely.”

The state Democrats are requesting more in-person voting locations, noting that Nevadans strongly favor in-person voting.

“Voting by mail is a sound system only when paired with meaningful opportunities to vote safely in person,” the letter reads.

The secretary of state’s office made the switch to all-mail balloting due to increasing concerns and mitigation efforts over the COVID-19 pandemic. Nevada has effectively closed most businesses, outlawed public gatherings and ordered residents to remain isolated if possible to stem the spread of the virus.

The Democrats concede those points in the letter, but the party also notes that these changes have “already displaced many voters from the mailing addresses at which they are registered,” so they may not receive ballots.

The party also asks Cegavske to send ballots to all registered voters, not just active voters. It claims that Nevada law makes no distinction between active and inactive voters when directing how county clerks mail out ballots. Such a distinction “offends certain principles articulated in the Nevada and United States constitutions.”

The letter asks Cegavske and the Nevada attorney general’s office to relax a ban on collecting and turning in another person’s ballot, referred to by the party as “voter assistance” but also commonly known as vote or ballot harvesting.

This contentious practice is legal in states like California, where Democrats say collecting ballots for voters boosts participation and access for those who may be unable to return their envelopes themselves. The process has generally boosted Democratic candidates.

Republicans say the practice leads to voter fraud, though this claim is largely unsubstantiated. President Donald Trump tweeted Tuesday that America should “get rid of ballot harvesting,” as it is “rampant with fraud.”

Ballot rejections due to mismatched signatures on the mail-in ballots should be suspended, the party said. Voters should also get two weeks, not the proposed one week, to “cure” or fix any mistakes that would void their ballots, it said.

Secretary refuses

In a statement responding to the letter, Cegavske said the current plan was the result of careful planning and was backed by all 17 county election officials.

Opening more polling places would create “logistical and staffing challenges” and would further risk spread of the coronavirus, she said.

Sending ballots to all voters instead of just active voters would also increase costs and result in a significant number of undeliverable ballots.

“The Nevada State Democratic Party asks me to ignore laws that were enacted by the Nevada Legislature,” Cegavske said.

She said the demands call for her to disregard long-standing voter integrity provisions in state law, including a ban on ballot harvesting. The deadline for curing a ballot is also clearly set within the law, she added.

“We are a nation of laws,” Cegavske said. “My job, as defined in (state law), is to faithfully execute and enforce state election laws as written.”

Republicans object

In an interview with the Review-Journal, Republican National Committee Chief of Staff Richard Walters said the letter showed the “hypocrisy” of the Democratic Party, whom he said argued against the in-person primary election held in Wisconsin last week only to ask Nevada to expand in-person voting this week.

“It’s all about what’s the most advantageous position for them in each state,” Walters said.

Walters said the Democrats’ proposed changes would weaken the integrity of the state’s election.

The Republicans oppose mail primaries and vote harvesting because there are no mechanisms in place to check against fraud, Walters said.

Going door to door to collect another person’s ballot is a particularly bad idea during a pandemic, he added.

“Democrats are trying to use the pandemic to get things they’ve wanted for a long time,” Walters said. “They don’t expect to get all six (of the letter’s demands). I bet they’ll be happy with just one. Just one is a win.”

Democrats respond

Nevada State Democratic Party spokeswoman Molly Forgey said problems arose in Wisconsin due to a reduction in polling places, which is what the party wants to prevent in Nevada. She said ensuring the safety of poll workers is a top priority, and the party supports the expansion of voting by mail.

“But we also have to protect all Nevadans’ right to vote, and we believe there are ways to prevent the overcrowding that we saw in Wisconsin by offering enough well-organized and hygienic polling locations,” she added.

Democratic National Committee spokesman John Weber said the party’s goal is to increase voter participation and accessibility while maintaining necessary safety standards during the pandemic.

“Republicans are using this crisis to keep voters from voting, because as Trump has admitted, when more Americans can vote, Republicans lose,” Weber said.

Contact Rory Appleton at rappleton@reviewjournal.com or 702-383-0276. Follow @RoryDoesPhonics on Twitter.