Nevada's nonpartisan voters may gain access to primaries under new proposal

In a significant move to reshape Nevada's electoral landscape, Assembly Speaker Steve Yeager (D-Las Vegas) introduced Assembly Bill 597 (AB597) on Monday, aiming to allow nonpartisan voters to participate in major party primaries for state and presidential elections. With nonpartisans comprising the largest voting bloc in Nevada—over 840,000 registered voters, or about 36% of active voters—this bill could transform the state's primary election process.

Expanding voting access for nonpartisans

Currently, Nevada law prohibits nonpartisan voters from participating in Republican or Democratic primaries, which determine candidates for offices ranging from the presidency to the state Legislature. This leaves nonpartisans, whose numbers have surged since the state implemented automatic voter registration in 2021 (defaulting new voters to nonpartisan status), unable to influence primary outcomes unless they switch party affiliation.

AB597 seeks to change this by allowing nonpartisan voters to request a partisan primary ballot, either online from their county clerk at least 14-days before the election or in person during early voting. Voters would be limited to choosing a ballot from one major political party, and their choice would be recorded in the state’s voter registration list. This proposal stops short of a fully open primary system, which would allow any voter to participate in any party’s primary, but it significantly expands voting options for nonpartisans.

“It’s just time to make sure that nonpartisans and non-affiliated voters can vote in partisan elections,” Yeager said, noting that he has been considering the idea for some time. The bill’s late introduction, with only one week left in the legislative session, suggests behind-the-scenes negotiations among key lawmakers, as Yeager remarked, “We had some things to get done first.”

Mixed reactions and political context

The proposal has sparked varied responses. The Nevada Secretary of State’s Office, led by Cisco Aguilar, is reviewing the bill and expressed support for expanding ballot access, stating it looks forward to a “substantive conversation.” However, opposition has emerged from Republican circles. Nevada Republican Party Chair Michael McDonald bluntly rejected the bill with a “NOPE” on social media, offering no further comment. The Washoe County Republican Party also opposed the measure, arguing in an email to members that it could lead to voter confusion and allow nonpartisans to “game the system,” undermining the primary process’s purpose of reflecting party preferences.

The bill follows the failure of Question 3 in the 2024 general election, which proposed open primaries and ranked-choice voting for non-presidential general elections. Despite passing in 2022, it garnered only 47% support in 2024 and was opposed by both major parties, including Yeager, who cited voter confusion as a concern. AB597 appears to take a more targeted approach, avoiding the complexities of ranked-choice voting while addressing nonpartisan exclusion in primaries.

Legislative details and broader implications

AB597 includes several key provisions to implement the change:

• Ballot requests: Nonpartisan voters can request a partisan mail ballot or an in-person partisan ballot for a primary or presidential preference primary election.

• County clerk responsibilities: Clerks must prepare and distribute partisan mail ballots to nonpartisan voters who request them.

• Voter registration changes: The bill removes the requirement for automatic voter registration agencies to notify individuals that they cannot vote in partisan primaries without a party affiliation.

• Voting system adjustments: The bill lifts restrictions on counting votes cast by nonpartisan voters for major party candidates in primaries, while still prohibiting unlawful votes.

• Election board protocols: Election boards must issue partisan ballots and, where applicable, voting receipts indicating the chosen party to nonpartisan voters who request them.

This proposal comes in a legislative session where election-related bills have been relatively quiet. Democrats, holding majorities in both chambers, have blocked GOP-backed measures like voter ID requirements and mail ballot restrictions. Meanwhile, a separate Yeager proposal to increase ballot drop boxes was vetoed by Republican Gov. Joe Lombardo, his only veto this session.

Looking ahead

The bill’s introduction reflects a growing recognition of nonpartisan voters’ influence in Nevada, where they outnumber both Republicans and Democrats. If passed, AB597 could empower this significant voting bloc, reshaping how primary elections function in the Silver State.

For more details on Nevada’s election laws and updates on AB597, visit the Nevada Secretary of State’s website or follow legislative developments at the Nevada Legislature’s website.