State officials are pushing back against a lawsuit filed by the Nevada Republican Party to stop Nevada’s scheduled presidential primary election in February.
The lawsuit and state response underscore an important electoral change for Nevada, which will finally move away from presidential caucuses to primary elections next year for both major political parties. Nevada is among the first states in both the Republican and Democratic presidential nominee selection calendar.
Nevada Republicans last month sued to stop the enforcement of AB126, which passed the Legislature in 2021, arguing that the bill’s requirement to hold a presidential preference primary (PPP) violates their freedom of association. The attorney general’s office — representing the secretary of state’s office — said last week in a response filing that the Nevada GOP’s argument does not hold legal merit, and that the party is not bound to accept the results of the primary election in how it allocates presidential delegates. A state party official said the party would respond to the filing in court by Friday.
Under the 2021 law, the state will hold a presidential primary election for both major political parties on Feb. 6, 2024, as long as more than one candidate has filed to run. Presidential candidates must file their candidacy with the secretary of state’s office between Oct. 1 and Oct. 15 of the year immediately preceding the election.
The secretary of state’s office contends that state Republican leaders, who prefer caucuses, can opt to hold a caucus in addition to the primary election. While primaries are run by the government and use secret ballots, caucuses are run by political parties, require in-person participation and involve publicly indicating one’s preferred candidate.
Under a caucus system, voters meeting at public locations such as schools and community centers physically form groups around a room depending on their preferred candidate. The process, which happens at a set time, can take hours and often involves voters trying to persuade each other to change their voting preference.
The attorney general’s office said the primary election would boost security and confidence in the state’s elections because votes are cast in secret rather than through the public nature of a caucus. Officials also argued caucuses can be inaccessible for voters, especially those with language barriers or who are unable to participate at the set time of the caucus.
A 2021 poll of roughly 800 Nevadans found the majority backed a primary election rather than caucuses.
The results of the presidential primary are non-binding, so state Republicans don’t have to use those election results when deciding how to allocate presidential delegates.
“As a result, the NV GOP will not suffer any irreparable harm should the non-binding PPP election process go forward,” attorneys wrote in their response.
The state party has until Oct. 1 to decide how to award presidential delegates, according to the Republican National Committee bylaws.
Like a normal primary or general election, the presidential primary will see the state send sample ballots in the mail, establish voting locations and allow voting by mail and overseas ballots for the military. Voters should expect to receive sample ballots in late December or early January. For a voter to participate in the PPP election, they must be registered to vote with one of the two major parties.
The counties then will canvass election returns, and the secretary of state’s office will compile the tabulations and send them to the party’s state and national committees, which can choose to ignore those results in favor of results from caucuses.
Though rare, a political party has chosen to hold a caucus and primary for the same election. In Washington in 2016, Democrats held a caucus and presidential primary. Sen. Bernie Sanders (I-VT) won the caucus, while Hillary Clinton’s PPP victory was symbolic because party officials used the caucus results to award delegates.
National Democrats this year approved calendar changes that will comply with AB126, slotting Nevada as tied for second in the state primary election order. The Feb. 6 primary is the same day as New Hampshire’s election and three days after the South Carolina contest. That’s a boost from the 2020 Democratic caucuses, when the Silver State was third in line behind Iowa and New Hampshire.
Republicans, however, have opted to keep their presidential nominating calendar the same as it was in 2020, with Nevada in the third slot behind Iowa and New Hampshire.
Republicans in Nevada have so far balked at the change from a caucus to a primary.
In their lawsuit filed last month in the First Judicial District Court in Carson City, the GOP claimed the requirement to hold a primary election violates the party’s right to freedom of association, and asked the court to either prohibit the state from holding a primary election or allow the results to be nonbinding.
The lawsuit cited the legislative proceedings for SB292, another 2021 bill that dealt with the inner workings of political parties. The GOP argues in its lawsuit that SB292 recognizes the right of freedom of association and independence of political parties, and that AB126 is unlawfully interfering in party workings.
The state objected to that argument, claiming that because state and national party leadership can ignore the results of the PPP when allocating delegates, AB126 does not infringe on internal party processes.
“Nevada’s diverse population is an important representation of the makeup of the entire country, and holding the presidential primary elections earlier elevates the voices of Nevadans in selecting who should lead the country,” the attorney general’s office said last week in its legal response.
Striking an optimistic tone and urging bipartisanship, Gov. Joe Lombardo delivered a State of the State address Wednesday night with proposals to finish vote counting on Election Day, make more thefts qualify as felonies, and get more homes and apartments built.
“The state of our state is steadily improving,” he said. “We are certainly headed in the right direction and the outlook is positive.”
“Combining the collective will of the 63 of you and me, we can build more than houses; we can convert Nevada’s promise into reality, a place where every family can thrive, every community can grow, and every dream can find a home,” Lombardo said, referencing the number of state Senate and Assembly members. “That’s the Nevada way.”
The Republican governor’s desire to work together this year comes as no surprise given that in 2023, the majority-Democrat Legislature called Lombardo’s bluff by passing bills the governor said he wouldn’t sign. He delivered a record 75 vetoes.
After November’s election, he still faces a Legislature where Democrats dominate but do not hold a supermajority, making his veto pen a real threat in negotiations. Bipartisanship will be required to get approval for significant bills.
His remarks were greeted with punctuations of applause from lawmakers on both sides of the political aisle. Along with frequent water-bottle breaks, he got looser as he went along, smiling, addressing people in the gallery and going off-script to make a few jokes.
He announced a $12.7 billion budget that he said would make teacher pay raises permanent and extend them to charter school teachers.
The next legislative session starts Feb. 3 and officially lasts 120 days.
Lombardo, a former Clark County sheriff, summarized five priorities he plans to push in the Legislature.
Before announcing them, he told the gallery of lawmakers at the Nevada Assembly, “I would ask that before some of you say ‘No,’ work with me, collaborate with my agency heads, ask questions, give input, offer alternatives and set aside partisan politics.”
• Nevada Housing Attainability Act: Lombardo said this proposal would streamline permits, reduce building fees and prioritize state funding that will support $1 billion in new “attainable” housing units across Nevada, rather than the buzzword of “affordable.”
He blamed Nevada’s housing crisis on the federal government’s reluctance to release some of its land — it controls more than 80% of the state — and said that he expects President-elect Donald Trump to help make that happen “but, while we press for federal action, we’re not waiting.”
Also highlighted was the recent approval of a $200 million public-private partnership to provide homeless services called the Campus for Hope.
• Nevada Healthcare Access Act: Lombardo noted that, “With some of the lowest provider-to-patient ratios in the nation, far too many Nevadans are left waiting for care or worse, going without it.”
To partly address this, he said, he would propose that by 2028, all health insurance plans in Nevada will be required to adopt standardized and digitized prior authorization plans, reducing delays for patients and providers.
He said he would double the state’s investment in graduate medical education and incentivize providers to set up in underserved areas. The plan would also create an Office of Mental Health to expand access to behavioral health services and improve coordination of care.
• Nevada Accountability in Education Act: Lombardo said he would revisit his efforts to expand school choice, after noting he’s unsatisfied with Nevada consistently ranking near the bottom nationally on education measurements.
“No child should be trapped in a failing school because of their ZIP code or held down because of how much their parents or grandparents earn,” he said.
He added his bill proposal would include “transportation support” to help families choose other schools for their children.
• Nevada Safe Streets and Neighborhoods Act: This would reduce the amount of a theft that would trigger a felony charge and increase penalties for repeat offenders.
It would also prohibit the use of diversion courts for offenders who commit crimes against children or the elderly.
• Economic Development Policy Reform Act: Earlier in his remarks, Lombardo mentioned Nevada’s highest-in-the-nation unemployment rate of 5.7%. His economic plan would give tax credits to childcare facilities so that they could potentially charge lower rates and help more people enter the workforce.
• Creating More Government Effectiveness: He vowed to evaluate each of the state government’s more than 300 boards and commissions to see which ones have outlived their usefulness.
Speaker of the Nevada Assembly, Democrat Steve Yeager, gave a recorded response to Lombardo’s State of the State.
“This past November, Nevada voters again overwhelmingly voted for Democrats to lead our state Legislature,” he said.
Asking the governor not to break his veto record from the previous session, he urged that Lombardo work with Democrats while also emphasizing differences with Republicans.
Democratic legislators, he said, will:
In response to Lombardo’s crime proposal, Yeager said, “We must not backtrack to the failed ‘tough on crime’ legislation of the 1990s that was expensive, wasteful and ineffective without making us any safer.”
Democratic groups also released statements criticizing Lombardo.
Nevada State Democratic Party executive director Hilary Barrett sent out a lengthy, detailed memo criticizing Lombardo’s first two years in office.
“When it comes to housing, health care, education and public safety, Nevadans are measurably worse off due to the actions of Lombardo and his commitment to prioritizing powerful special interests and his own political self-interest,” she said.
Laura Martin, executive director of the Progressive Leadership Alliance of Nevada, said corporate landlords are artificially inflating housing costs and that the governor’s proposal to use federal land for more housing will make things worse.
“Lombardo’s plan that promotes urban sprawl as a solution to the housing crisis will only exacerbate the existing climate crisis, when we should be prioritizing infill,” she said.
“We should be investing in the future of Nevada by making sure our aging communities and schools are climate resilient, not with another stadium, movie studio, or mass deportations.”
Mark Robison is the state politics reporter for the Reno Gazette Journal, with occasional forays into other topics. Email comments to mrobison@rgj.com or comment on Mark’s Greater Reno Facebook page.
This evening, Nevada Gov. Joe Lombardo will provide the 2025 State of the State address ahead of the incoming 83rd legislative session, which begins Feb. 3, 2025.
Lombardo is anticipated to cover a number of topics including the economy, inflation, education, housing, and more.
In addition, Carson City 5th grade choir students will be performing at the address, and a Seeliger Elementary student will be singing a solo.
Watch the full address here, which will begin at 6 p.m.
CARSON CITY — Gov. Joe Lombardo will give his 2025 State of the State Address at 6 p.m. today in Nevada’s capital, where he will share his goals and priorities ahead of the upcoming legislative session.
“I look forward to sharing the progress my administration has made since my inaugural address, and I’m excited to outline my common-sense vision for our state ahead of the upcoming legislative session,” Lombardo said in a statement, highlighting efforts to keep taxes low, balance the state budget and bring investments to education and the workforce.
“As we look ahead, I’m eager to build on our progress in education, economic development, healthcare, housing, and public safety,” he said.
Every biennium, two weeks ahead of the legislative session, the governor delivers a State of the State Address that outlines his agenda and provides a framework for what lawmakers can expect over the course of the 120-day session.
In last November’s election, Lombardo successfully fended off a possible Democratic supermajority in both chambers that would have allowed Democrats to override any of his vetoes, greatly reducing his power. While Democrats still hold majorities in both the Assembly and Senate and can set their own agenda, any bill they pass must ultimately be signed into law by Lombardo, who is accustomed to wielding his veto power — having vetoed a record 75 bills in the 2023 session.
Ahead of the governor’s address, the Nevada State Democratic Party launched an ad titled “Expensive,” accusing Lombardo of raising costs for families due to his 2023 vetoes. The party pointed to housing bills that would have capped rent increases for seniors and would have established a new summary eviction procedure for tenants, as well as bills that would have guaranteed school meals to public school students and lowered the price of Medicare-negotiated prescription drugs.
This is a developing story. Check back for updates.
Contact Jessica Hill at jehill@reviewjournal.com and McKenna Ross at mross@reviewjournal.com. Follow @jess_hillyeah and @mckenna_ross_ on X.
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