ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND
99 HUDSON STREET, 12th FL • NEW YORK, NY 10013 • TEL 212.966.5932 • www.aaldef.org • [email protected]
Voter Rights, Legal Issues in Voter Registration, and Election Rules for Nonprofits
NEVADA
Voting is a fundamental right. Yet participating in the American electoral system either as a
citizen or as a nonprofit organization involves certain rights and responsibilities. A voter is
entitled to certain rights so that they can access the ballot in their own language, cast an informed
vote, and preserve their vote should problems arise. Organizations are able to help their
constituents and members participate in the electoral process, but special rules apply to taxexempt organizations. Moreover, a series of new state laws may make voting on Election Day or
registering to vote more difficult.
This legal fact sheet is intended to inform a voter of their rights and review legal issues when
organizations seek to encourage voter participation. This fact sheet will review state law and
federal laws under the Help America Vote Act of 20021, National Voter Registration Act of
19932, Voting Rights Act of 19653 and rules and opinions from the Internal Revenue Service.4
Nonprofit organizations that are tax-exempt under the IRS (i.e., designated as a 501(c)(3) are
expressly allowed by the IRS to engage in election-related activities, such as voter registration
drives, voter education, and voter turnout. But all activities must be nonpartisan in that they do
not endorse or prefer a particular candidate for elective office or a political party (i.e., Democrat
or Republican).5
This fact sheet provides an overview of the law. However, individuals and organizations that
have specific concerns or questions should contact an AALDEF attorney for customized legal
advice through emailing [email protected] or calling 212-966-5932.
I. Voter Registration
In order to vote, a citizen must first complete a voter registration form. A voter should also reregister if he or she moved, had a change of name, or wants to change party affiliation.
In order to be eligible to register, a resident in Nevada must be a U.S. citizen, 18 years old by the
date of the general election, and a resident in the present county for at least 30 days and in the
present voting precinct for at least 10 days before the election.6
Federal and Nevada laws generally allow anyone to conduct nonpartisan voter registration
drives.7 Nevada explicitly empowers third parties to distribute and help complete voter
1
Pub. L. 107-252, 42 U.S.C. 15301
42 U.S.C. § 1973gg
3
42 U.S.C. § 1973
4
26 U.S.C. § 501(c)(3)
5
26 U.S.C. § 501(c)(3), Rev. Rul. 2007-41, 2007-25 I.R.B. 1421
6
Nev. Rev. Stat. § 293.485(1) (2011)
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registration forms.8 However, third parties may not provide assistance in filling out a voter
registration form unless requested to do so by an applicant.9 When providing assistance, third
parties must write down their mailing addresses and sign their names on the completed form.10
Any completed form must be returned to the county clerk or voter registrar within 10 days after
it is completed.11 At voter registration drives, volunteers and staff distribute voter registration
forms, encourage citizens to complete these forms, provide assistance such as translation, and
answer questions.
AALDEF advises that organizations:
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collect the completed forms
photocopy the forms before submitting them to the elections office, and
hand-deliver them to the appropriate elections office.
Copying the forms is recommended as proof that the forms were submitted, in case they are later
lost or mishandled by elections officials. The hand delivery of forms may prevent a voter from
being subject to additional voter identification requirements required under federal law.12
Although citizens can register to vote at any time during the year, applications must be delivered
before 9 p.m. on the third Tuesday preceding any primary or general election to take effect.13
Voter registration drives can target a particular racial or ethnic group, neighborhood, or the
organization’s clients / members / constituents.14 But if citizens who are not members of that
minority group or neighborhood, or are not affiliated with the target population, want to register
to vote, the organization must still accept, deliver, and process their forms, along with all the
other voter registration forms.
Once a voter is registered, they will receive official notices about the location of their poll sites,
date and time of the election, and other information such as their assigned district numbers. It
generally takes a few weeks after the registration form is submitted for the voter to receive their
voter registration card in the mail. If a voter does not receive a confirmation, he or she should
check his or her status at https://nvsos.gov/votersearch/ or call the local Voter Registrar before
the registration deadline to confirm that he or she is registered. A list of each county’s Voter
Registrar can be found at https://nvsos.gov/index.aspx?page=81.
A. Completing the Forms and Providing Assistance
The citizen individuals should complete the form. But if he or she cannot complete the form on
their own, the organization can assist them. If individuals cannot write, someone else may write
the applicant’s name, address, etc., at the direction of the applicant. Volunteers may also
translate questions on the form. However, only the voter may sign the form (since signing
indicates taking a legal oath).
7
National Voter Registration Act, 42 U.S.C. § 1973gg
Nev. Rev. Stat. § 293.5235(13) (2011)
9
Nev. Admin. Code § 293.440(2) (2011)
10
Nev. Rev. Stat. § 293.5235(13) (2011)
11
Nev. Rev. Stat. § 293.5235(15) (2011)
12
HAVA, 42 U.S.C. § 15483(b).
13
Nev. Rev. Stat. § 293.560(1) (2011)
14
Rev. Rul. 2007-41, 2007-25 I.R.B. 1422, Tax Advice Memorandum 9117001
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A citizen who has difficulty reading the English language can also complete and submit the
National Mail Voter Registration Forms that are translated into Chinese, Korean, Vietnamese,
Japanese and Tagalog.15 All states are required to accept and process these translated forms.16
However, it is preferred to complete the state voter registration form. The National Voter
Registration Act requires the state election official to ensure that voter registration forms are
“available for distribution through governmental and private entities, with particular emphasis on
making them available for organized voter registration programs.17”
A few obligations apply in completing the voter registration form. The individuals must
affirmatively check off the boxes that ask whether the individual is a citizen of the United States
and is over 18 years old. If those questions are left blank, the form will automatically be
rejected, even if the voter’s date of birth or oath of citizenship clearly shows that the voter is of
age and is a citizen. Furthermore, the individual must legibly write his or her name, date of birth,
current residential mailing address, driver’s license number (or the last four digits of his or her
social security number), and other requested information on the form. A citizen must take the
oath by signing the registration form.
Organizations may not lead the voter to enroll in a particular political party or to vote for
particular candidates.18 However, organizations can advise the voter of the effect of not
enrolling in a political party. Voters enrolled in the political party are allowed to vote in the
party primary election.
B. Inadvertent Registration by Non-Citizens
Non-citizens may not register to vote. Accidentally registering to vote and signing the oath
declaring that one is a citizen of the United States may be a deportable offense.19 Non-citizens
who accidentally complete voter registration forms, either at a voter registration drive or through
the motor vehicles office, must affirmatively de-register by requesting that their registration be
cancelled. This request must be made in writing. Contact AALDEF for assistance.
C. Proof of Identity and Citizenship
Some states require that a voter prove his or her identity or United States citizenship before
registering to vote or before voting on Election Day.
Under both Federal and Nevada state law, when registering to vote, new registrants are required
to provide their driver's license number, or the last four digits of their social security number
with their registration application.20 If the registrant does not provide either a driver's license or
a social security number, the state will assign a unique ID number for voter registration purposes.
15
42 U.S.C. § 1973gg-4(a)(1)
42 U.S.C. § 1973gg-4(a)(1)
17
42 U.S.C. § 1973gg-4(b)
18
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421 et seq.
19
Agholor v. Holder, 454 Fed. Appx. 360, 362 (5th Cir. 2011)(unpublished); “Any alien who falsely represents, or
has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under ...
Federal or State law is inadmissible.” 8 U.S.C. § 1182(a)(6)(C)(ii)(I).
20
42 U.S.C. § 15483(a)(5)(A)(i); see also Nev. Rev. Stat. § 293.2725 (2)(b)(2011)
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A first-time voter who registered by mail on or after January 1, 2003 and cannot be matched with
an existing state or Social Security Administration record must present one of the following with
their registration form or at the polling place on election day:21
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Copy of a current and valid photo identification
Copy of a bank statement
Copy of a paycheck
Copy of a utility bill
Any other document issued by a governmental entity
II. Voter Education and Turnout
A voter often wants information or guidance about whom to vote for in upcoming elections. The
IRS prohibits tax-exempt nonprofit organizations from preferring a political party or a particular
candidate for office. Such preferences constitute endorsement.22
However, organizations can provide information about candidates through a nonpartisan voter
guide or candidate forum.23 In both of these, candidates are asked particular questions and their
responses are made available to the public. To ensure nonpartisan compliance, all the candidates
running for office (or at least the top major candidates) must be invited to participate.
Impartiality in asking and reporting answers to questions is required.
Organizations may also inform the voter of his or her rights on Election Day, such as where to
vote, what identification documents to bring, whether language assistance will be available, and
what to do in case of any problems.
Organizations may encourage voter turnout by reminding voters to vote on Election Day or by
answering nonpartisan questions. These activities can include a reminder mailing, notification of
poll sites, or phone calls or email messages to voters reminding them of their poll sites or to vote.
III. Voter Rights and Assistance on Election Day
A. Limited English Proficiency
Citizens who are limited English proficient may be entitled to assistance. In Nevada, Filipino
language assistance is required in Clark County.24 This assistance is usually “targeted” at
particular poll sites with the largest number of Filipino-speaking voters. If targeted, the poll site
will have interpreters and translated signs and materials, including ballots, in various languages.
Under federal law, voters who cannot read English can always bring someone to assist them.25
These individuals can be friends, family members, or neighbors, but not the voters’ employer or
union representative. The assistor can enter the voting booth with the voter to translate the ballot
for the voter, but only if the voter requests.
21
Nev. Rev. Stat. § 293.2725 (2011)
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421 et seq.
23
Rev. Rul. 2007-41, 2007-25 I.R.B. 1421
24
Voting Rights Act Amendment of 2006, Determination under Sec. 203, 76 Fed. Reg. 63,602, 63,605 (Oct. 13,
2011).
25
42 U.S.C. § 1973aa-6
22
4
Before assistance can be rendered, a Nevada voter may be required to sign a statement, executed
under the penalty of perjury, that he or she requires assistance in casting a vote by reason of
inability to read or writing English.26 The assistor is required to not disclose any information
with respect to the casting of a ballot.27
B. Missing Names
The list of registered voters at poll sites often has mistakes. Sometimes the voter’s name is
missing or Asian names are inverted, so that last names appear as first names. When the voter
arrives at the poll site to vote and his or her name is missing or cannot be found, the voter should
first ask that his or her name be looked up by first name or middle name. The voter may also be
directed to a different precinct within the poll site. Voters should vote at their assigned precincts
and poll sites.
If the voters find names missing from the voter rolls, they should vote by “provisional ballots.28”
An eligible registered voter should not be denied the right to vote. Voting by provisional ballot
requires that the voter complete and sign a written affirmation that includes but is not limited to
the name of the voter, the reason for casting the provisional ballot, and a statement under penalty
of perjury that he or she is eligible to vote (i.e., a citizen and over 18 years old) and is a
registered voter in the jurisdiction.29
These provisional ballots are not automatically counted, but are held until after confirmation of
the voter’s registration.
After Election Day, the voter must provide proof of his or her registration and/or eligibility to
vote. The voter must do so before 5 p.m. on the Friday following election day. 30 The copy of the
voter’s registration form from an earlier voter registration drive will help prove eligibility. After
the voter’s registration is confirmed, his or her provisional ballot is counted.
At the time that an individual casts a provisional ballot, the appropriate local election official will
inform the voter of the availability of a toll-free telephone number or a website where the voter is
able to ascertain his or her status.31 Any voter who casts a provisional ballot may access such
toll-free number or website to discover whether his or her vote was counted, and, if the vote was
not counted, the reason that the vote was not counted.32
Contact AALDEF if a voter was denied the right to vote or if the voter completed a provisional
ballot in order to vote.
C. Other Assistance
When voting, the voter may bring campaign literature, such as translated instructions or
materials showing the name of the candidate for whom they want to vote, if they need the
literature in order to help them vote.
26
Nev. Rev. Stat. § 293.296(3) (2011)
Nev. Rev. Stat. § 293.296(2) (2011)
28
HAVA §302, Pub. L. No. 107-252, Title III, § 302, 116 Stat. 1706 (codified at 42 U.S.C.A. § 15301 et seq.)
29
Nev. Rev. Stat. § 293.3082(1) (2011)
30
Nev. Rev. Stat. § 293.3082(1)(h) (2011)
31
Nev. Rev. Stat. § 293.3086(1) (2011); see also Nev. Admin. Code § 293.280 (2012)
32
Nev. Rev. Stat. § 293.3086(1) (2011)
27
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For more information contact, AALDEF
99 Hudson Street, 12th Floor
New York, NY 10013
(212) 966-5932
[email protected]
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