LAS VEGAS (KTNV) — As voters continue to flock to polling places across our valley during the early voting period for the 2024 Presidential Election, some have concerns about political displays outside of polling places.
I visited the polling place at the Desert Breeze Community Center off of Spring Mountain Road in the Southwest Valley.
The walkway is full of political signs, booths, and people passing out political pamphlets, but is this even allowed? What are the rules about political displays around a polling place?
I dug into local and statewide voting laws and found out.
“What I didn’t like is the feeling of anticipation of intimidation as I got out of my car and saw what I had to walk through to get to the polling place," said Rose Rosenwach, who voted in person at the Desert Breeze polling place Wednesday.
Rosenwach and her husband made their way through the signs to cast their ballots with an uneasy feeling.
“What is it going to be like to get here to there, am I going to get into an altercation, is somebody going to be in my face," Rosenwach said. "I would like to see a law that says there has to be a clear path from a voter’s car to the door without being politicized.”
Here are the current laws regarding electioneering, which include posting signs, handing out pamphlets, buying or selling memorabilia, and petitioning for or against any candidate.
This is the state law addressing electioneering around a polling place:
NRS 293.361 Electioneering prohibited near polling place or jail during certain periods; penalty.
1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area. During the time that a person detained in a county or city jail may vote in the jail, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance of the voting area of the jail.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters “Polling Place for Early Voting.”
(b) At the outer limits of the area within which electioneering is prohibited, at least one sign on which is printed in large letters “Distance Marker: No electioneering between this point and the entrance to the polling place.” The county clerk shall ensure that any sign posted pursuant to this paragraph is:
(1) At least 17 inches by 11 inches in size;
(2) Placed on a window or door of the polling place or a freestanding sign; and
(3) Visible to a person approaching the outer limits of the area within which electioneering is prohibited.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
There are no laws stopping people from any of these actions outside the 100-foot marker, so all the political displays outside the Desert Breeze polling place do not go against those voting laws.
“For us, we don’t mind them at all," said Gina Hoesel, who also voted at the polling place Wednesday.
“We’ve seen signs representing both sides, and it’s no big deal for us and we’ve had no problem," said Gina's husband Darin Hoesel, who voted alongside his wife.
As for other voting laws including voter intimidation, this is what the state says regarding election officials:
NRS 293.705 Unlawful acts concerning elections officials.
1. It is unlawful for any person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to:
(a) Interfere with the performance of the duties of any elections official relating to an election; or
(b) Retaliate against any elections official for performing duties relating to an election.
2. The provisions of subsection 1 apply regardless of whether a person uses or threatens or attempts to use such force, intimidation, coercion, violence, restraint or undue influence at a polling place or a location other than a polling place.
3. It is unlawful for a person to disseminate any personal identifying information or sensitive information of an elections official without the consent of the elections official, knowing that the elections official could be identified by such information, if:
(a) The person disseminates such personal identifying information or sensitive information:
(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the elections official and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information or sensitive information:
(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or
(2) Causes the death, bodily injury or stalking of the elections official whose information was disseminated or a close relation of the elections official.
4. A person who violates the provisions of subsection 1 or 3 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Here is what the state says regarding voters:
NRS 293.710 Intimidation of voters and other unlawful acts in connection with election process.
1. It is unlawful for any person, in connection with any election, petition or preregistration or registration of voters, whether acting himself or herself or through another person in his or her behalf, to:
(a) Use or threaten to use any force, intimidation, coercion, violence, restraint or undue influence;
(b) Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another;
(c) Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question;
(d) Impede or prevent, by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his or her vote; or
(e) Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.
2. A person who violates a provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
These are all laws Rosenwach says she saw the people associated with the political displays follow.
“They were polite," Rosenwach said. "When I said no thank you, I know the way I want to vote they left me alone, they stepped back, they didn’t chase me down the corridor.”
While voting inside a polling place, people are discouraged from wearing any clothing or memorabilia in support or against a candidate.
Here is an explanation from the Secretary of State's Office as to what will happen if someone wears any politically affiliated memorabilia inside a polling place:
"These restrictions are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible."
Early voting will continue in our valley through Nov. 1, leading into the Nov. 5 election day.
