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EDITORIAL: Transparency is like kryptonite for Nevada lawmakers

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EDITORIAL: Transparency is like kryptonite for Nevada lawmakers


Nevada lawmakers have arrogantly exempted themselves from the state’s open records law. Now they’re taking additional steps to shield themselves from taxpayer scrutiny. It’s an affront to the principles of democracy and transparency.

Nevada Revised Statutes (Chapter 239) explain the rationale for ensuring that the public has a right to access government documents. The purpose of the open records law is “to foster democratic principles by providing members of the public with prompt access to inspect, copy or receive a copy of public books and records to the extent permitted by law.”

In addition, the law “must be construed liberally to carry out this important purpose” and any “exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly.”

So far, so good.

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But lawmakers have long claimed that the law did not cover various legislative activities. In 2015, at the behest of the Legislative Counsel Bureau — which provides legal advice to the Legislature — lawmakers rushed through a last-minute bill that exempted most legislative documents — including lawmaker emails, calendars and other communications — from disclosure.

The LCB has since used the statute to justify suppressing taxpayer-funded reports commissioned by lawmakers on accusations against various legislators. The Associated Press has been stymied in efforts to obtain emails from lawmakers.

Now, the Nevada Independent reports, LCB attorneys are withholding digital copies of lawmaker presentations under the guise that the releasing the information could violate federal copyright law. This is flat out ridiculous and will make it only more difficult for watchdogs and members of the public to follow legislation activities.

The lawyers at the LCB have a long and sullied history of interpreting the law to protect lawmakers rather than to advance the interests of the taxpayers who cover their comfortable salaries and benefits. The most glaring example: Their insistence on running cover for legislators who violated the state constitution by serving in two branches of government at the same time.

The legislative exemption from the state’s open records law is far too broad and in conflict with the principles expressed in the legislative acknowledgment of the statute’s importance. The aggressive LCB interpretation of copyright law further impinges on transparency and runs counter to the public interest. If lawmakers truly hope to “foster democratic principles” and promote accountability, they must revive legislation to narrow legislative exemptions to open record compliance and advise LCB attorneys to re-evaluate their draconian decision to limit access to online documents.

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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Officials elevate response efforts to combat eastern Nevada wildfires | Local Nevada | Local























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