Is voter ID coming to Nevada? Democratic-linked lawsuit says no
A lawsuit filed last week seeks to block a ballot initiative for the 2024 election that would require voter ID in Nevada.
The complaint, filed in Carson City District Court by Nevada voter Jennifer Fleischmann with the help of Democratic-linked attorneys, argues that the initiative would require an unfunded government expenditure.
David Gibbs, president of Repair the Vote PAC, filed an initiative petition in November to amend the Nevada Constitution by requiring voters to present photo ID at a polling place and by adding an extra identification measure to mail ballots.
The petition includes a list of acceptable ID, such as a Nevada driver’s license, a passport, tribal or university ID, an ID card issued by a state or U.S. government, or another form of government-issued photo ID that the Legislature may approve.
It would require those voting by mail to give the last four digits of their driver’s license number, Social Security number, or a number provided by the county clerk.
The plaintiff argues that each acceptable form of photo ID mentioned in the petition generally requires the payment of a fee to a government entity.
The U.S. Supreme Court has held that requiring voters to pay a tax or a fee to obtain a photo ID to vote constitutes an unlawful poll, the complaint says.
Voter ID Complaint by Jessica Hill on Scribd
The Legislature would have to make an alternative form of ID available free of cost to Nevada voters who lack another form of ID, which would cost “significant government funds,” the plaintiff argues.
According to the complaint, the only forms of ID mentioned in the petition that can be obtained for free are an employee identification card from a federal, state or local government, and some tribal IDs. A Nevada identification card also can be obtained for free in limited circumstances for those who declare themselves homeless, the complaint says.
Financial impact statements for previous voter ID initiatives recognized that there may be additional expenditures by the state and local governments, the complaint alleges. The plaintiff argues that it would require voter education and public outreach campaigns, as well as extended poll worker training, all of which would increase expenditures.
The petition’s proposal for mail-in ballots also would require the state to spend more funds, the complaint alleges, as mail ballots and envelopes would have to be redesigned, and automated signature-verification machines would need to be recalibrated.
Gibbs is optimistic, however, that the judge will side with him.
“We’re not asking the government to provide anything they don’t already provide,” Gibbs told the Las Vegas Review-Journal on Wednesday.
In Gibbs’ last attempt in 2022 to file the initiative, a judge took issue with the initiative’s description of “effect,” said Gibbs, who also is the former president of the Nevada Republican Club. This time, he used the description from the judge’s ruling.
Most states require some form of ID to vote, Gibbs said, and people need it to get on an airplane, to cash a check or to check into a Nevada hotel. The ballot initiative would not stop anyone from voting, he argues.
“What’s the problem with proving you’re the person you say you are when you go to vote?” Gibbs asked.
A previous version of this story misstated David Gibbs’ role with the Nevada Republican Club. Gibbs is no longer the president.
Contact Jessica Hill at jehill@reviewjournal.com. Follow @jess_hillyeah on X.