Nevada officials settle lawsuit with voting rights advocates

By Las Vegas Review-Journal March 14, 2016
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By Sandra Cherebs, Las Vegas Review-Journal

CARSON CITY — Nevada officials have settled a lawsuit with voting rights advocates over making voter registration materials available to low-income and disabled clients.

The agreement announced Monday ends a federal civil rights lawsuit filed in 2012 by the National Council of La Raza and two branches of the NAACP. The lawsuit accused state officials of violating the National Voter Registration Act of 1993 by failing to make voter registration materials available to people who visit their offices.

Section 7 of the act requires states to facilitate voter registration for low-income or disabled individuals who do not have driver licenses and so might not visit a DMV or county clerk office where such applications are readily available.

Monday’s settlement announcement comes six months after the 9th U.S. Circuit Court of Appeals reversed a district court judge and revived the lawsuit against the Nevada Department of Health and Human Services and secretary of state’s office.

“Every step we take to assist all eligible Americans to become voters is a sound step,” said Clarissa Martinez De Castro, deputy vice president of National Council of La Raza.

Under the settlement, the state agreed to provide each public assistance client with a voter registration application and offer help completing the forms unless the client specifically declines in writing.

Health and Human Services and the secretary of state’s office will train, oversee compliance and assign staff members to coordinate and implement the voter registration services.

Parties to the lawsuit filed paperwork Friday asking U.S. District Judge Miranda Du to dismiss the case but retain jurisdiction to resolve any disputes over the agreement, which will remain in effect for three years.

District Judge Robert Jones previously dismissed the lawsuit against the state, ruling the advocacy groups lacked legal standing to bring their claims.

The appeals court reversed that decision, sending the case back to District Court and reassigning it to Du.