A Battle Brewing Over Election Integrity
As eight states just voted to ban non-citizens from their elections, Nevada Assemblywoman Jill Dickman is pushing for similar protections in the Silver State.
However, her “Only Citizens Vote” Bill Draft Request has reportedly hit resistance from state legislative staff, echoing past battles over constitutional interpretation in Carson City.
Constitutional Questions Arise
The proposed measure has reportedly hit a snag in Nevada’s legislative process, with questions being raised about its constitutionality by the Legislative Counsel Bureau (LCB), the state agency that provides legal and technical expertise to lawmakers. However, similar measures have already withstood legal scrutiny in other states.
The LCB serves as the legislature’s legal team and research department rolled into one. While designed to be non-partisan, the agency’s objectivity has faced scrutiny in recent years, particularly regarding constitutional interpretations.
In 2021, Republican State Sen. Heidi Gansert raised serious concerns about potential partisan bias within the LCB. Her criticism stemmed from a significant legal battle where both the District Court and Supreme Court overturned the LCB’s position on tax legislation.
Gansert said at the time:
“It was difficult because the staff at the Legislature is supposed to be non-partisan and it just didn’t feel that way,”
Strong Legal Foundation
The Heritage Foundation’s election law expert Hans von Spakovsky makes a compelling case for states’ authority in this area.
Federal law already makes it a felony for non-citizens to register or vote in federal elections – punishable by up to five years in prison and deportation. But states have both constitutional and statutory rights to remove ineligible voters, including non-citizens, from their rolls.
Notably, while some argue that federal law prevents removing voters within 90 days of an election, von Spakovsky points out this rule only applies to eligible voters who have moved – not to non-citizens who were never legally registered in the first place.
As one federal judge put it: Congress never intended to force states to let non-citizens vote just because officials didn’t catch the registration error early enough.
Election Night Victory
In November, voters in eight states overwhelmingly approved constitutional amendments banning non-citizen voting.
Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin all passed measures making it explicitly illegal for non-citizens to vote in state and local elections.
Recent State Actions
Several states have already taken action to clean up their voter rolls:
- Alabama removed 3,251 non-citizens
- South Dakota cleared 273 non-citizens
- Virginia identified 6,303 non-citizens
- Texas removed 6,500 non-citizens
Looking Ahead
With the success of similar measures in eight states this November, Nevada’s proposal gains additional momentum. The U.S. Supreme Court has already stated that:
“the Elections Clause empowers Congress to regulate how federal elections are held, but not who may vote in them.”
This suggests state-level citizen-only voting requirements stand on firm constitutional ground.
While the U.S. Justice Department has filed lawsuits against Alabama and Virginia over their voter roll cleanup efforts, the legal precedent appears to favor state authority in this area. As von Spakovsky notes, any interpretation of federal law that would require states to allow ineligible aliens to remain registered would likely be unconstitutional.
The Bottom Line
While the LCB plays an important role in Nevada’s legislative process, its constitutional interpretations have been successfully challenged before. The recent election results show strong public support for explicitly stating citizenship requirements in state constitutions, suggesting Nevada voters might welcome similar clarity in their laws.
Furthermore, the strong legal foundation established by federal courts and successful implementation in other states suggests Nevada has both the right and responsibility to ensure only citizens participate in its elections.
As other states move forward with similar protections, Nevada’s proposed measure could help safeguard election integrity for years to come.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
