Wednesday, Nov. 6, 2024 | 2 a.m.
More than a million Nevada residents participated in this year’s general election over the last three weeks.
Some dropped their ballots or voted in person at one of the many polling sites across the state. Some completed their ballots in their homes and sent them in via the mail.
Others cast their ballots from a place not listed on the directory of public voting locations — the Clark County Detention Center.
As a result of a law passed by the 2023 Legislature, inmates in Nevada jails are guaranteed the right to vote if they are awaiting trial.
Because jails primarily house people who have yet to be convicted of crimes — about 70%, according to the Prison Policy Initiative — most inmates still have a constitutional right to vote, making their incarceration a physical obstacle between them and exercising that right.
“The majority of folks are there because they couldn’t make bail. They’re still awaiting trial,” said Assemblywoman Brittney Miller, D-Las Vegas. “We are a nation that believes in innocent until proven guilty.”
Assembly Bill 286 requires Nevada jails to create policies ensuring inmates who are eligible to vote have a way to cast their ballots.
Each jail must coordinate with county clerks and registrars to create a system that provides the required level of voter security and integrity. The secrecy of the ballot must be protected, and policies must not allow electioneering or potential voter intimidation.
To document the rules being followed, correctional officers at the Clark County jail are utilizing body cameras around the voting area and when they talk to inmates about voting.
“If they’re feeling like other people are invading their privacy, we’ve been instructed to provide that privacy that they need,” Metro Police Corrections Capt. Neldon Barrowes said.
Miller, one of two sponsors of the legislation, said the bill’s language was crafted with input from the American Civil Liberties Union of Nevada and law enforcement agencies across the state, especially Metro Police.
Miller praised the Metro’s willingness to meet with lawmakers to identify concerns and provide insight into how the law could be practically instituted.
“There wasn’t resistance. It was just, ‘How can we make this happen in this environment?’ ” Miller said. “That was really the most encouraging part.”
Athar Haseebullah, executive director of the ACLU of Nevada, called the jail voting law “right in line” with the Constitution.
But in May, according to the ACLU, no Nevada jails, including CCDC, were following the letter of the law so the group filed a lawsuit against Elko County for not taking steps to provide inmate voting.
Since then, however, every jail has put in place inmate voting policies in time for the general election, Haseebullah said.
CCDC has been the “flagship” location for modeling the new policy, Haseebullah said. It is the largest jail in the state, with almost 60,000 people booked into the facility each year.
“When it comes to voting and ensuring people have the opportunity to participate in democracy, they are really at the forefront of the issue,” Haseebullah said.
The Clark County jail has two voting machines for early voting and for use on Election Day. At least 87 inmates had asked to use the machines, Barrowes said.
Several inmates have also asked to register to vote and submit mail-in ballots, Barrowes said.
Part of the new law requires officials to notify inmates they are eligible to vote. At the Clark County jail, digital information kiosks used by inmates have a popup screen in English and Spanish informing them of their ability to vote.
The kiosk has a messaging system that lets inmates communicate with officers through an emaillike system by selecting an issue they want to discuss. During the voting period, a “voting” option is available, which allows inmates to inform officers they’d like to exercise their right. From there, the inmates can be provided with voter registration forms and mail-in ballots.
Barrowes said the system worked for the June primary and November general elections.
“We’re not going to get in the way of any part of this process,” Barrowes said. “We’ve collaborated with the Election Department for over a year now, putting this policy and this process into place, and it’s worked really well.”
Assembly Bill 41, passed into law in 2019, lays out the rules for voting by convicted felons. The law spells out that any Nevada resident who is convicted of a felony is immediately restored the right to vote upon the individual’s release from prison.
Miller said she was proud to see the new law for jail inmates put to the test and does not expect any issues. But her team and state officials will be monitoring responses from inmates.
“It’s great to see it come to fruition,” Miller said. “And of course like anything else, we will know better after the election once we see the numbers and ensure there is an opportunity for people to make any concerns known if they felt that their rights were violated.”
The Sun’s Kyle Chouinard contributed to this story.