Felon voting rights debate expected

CARSON CITY -- Voting rules adopted Thursday by the Nevada secretary of state's office have set the stage for debate next week over one provision dealing with voting rights of felons.

A legislative subcommittee must review the rules on Tuesday, and the lawmakers' legal counsel says the felon voting provision in the new rules goes too far.

Matt Griffin, elections chief for Secretary of State Ross Miller, said in adopting the rules on Thursday that Miller believes he's on solid legal ground with the rule allowing felons to submit sworn affidavits that their voting rights have been restored.

But Brenda Erdoes, chief legal counsel for legislators, said a personal affidavit isn't enough and a felon must produce an official document from a court or agency showing the rights have been restored.

Besides the sworn statements from individuals, the new rules provide that local election officials can rely on information from Miller's office showing that voting rights have been restored, on orders from a federal or state court or on documents from prison agencies in Nevada or other states or from federal prisons.

If election officials think a document is invalid or a forgery, they must try to verify it -- but in the meantime must accept it as legitimate until it's proved to be bogus.

A 2003 Nevada law change restored civil rights to thousands of first-time felons in the state. But it also required some offenders to navigate a complicated system to appeal for their rights and bring proof of their eligibility to the voting booth.

In 2005, legislators tried unsuccessfully to remove some of those roadblocks for felons. They were backed by several felons who described difficulties they've had in getting and keeping jobs after serving their sentences and who testified that positive steps such as having their rights restored would help to keep them from reverting to criminal activity.

Other election rule changes, including one aimed at giving the public more access to advance preparations for voting and actual balloting, aren't likely to provoke debate at next week's subcommittee meeting.

Griffin said the rule change on public access will enable anyone to observe actual voting and the preliminary testing that's done to ensure election results will be accurate.

The regulation revisions should help to end distrust that some people have about the election process, mainly because a lack of knowledge, Griffin said, adding that more "transparency" in the process is a key goal for Miller.