Judge rejects challenge to open primary, ranked choice initiative

CARSON CITY – A Carson City District Court judge has tossed an early legal challenge to a proposed ballot initiative that could bring open primaries and ranked choice voting to Nevada.

In a decision released Thursday, Judge James Wilson rejected all three claims from the plaintiff, a Churchill County voter, finding that the proposed initiative met constitutional and statutory requirements as to form and content.

Specifically, the judge affirmed that the initiative addressed a single subject as required, did not trigger a prohibition against unfunded expenditures, and was clear in its required “description of effect,” which lays out its proposed changes and impact for voters to read before signing.

“The initiative’s description satisfies Nevada’s requirements as its plain language is straightforward, succinct, and non-argumentative,” the judge wrote, adding that the plaintiff’s criticisms are “not well founded.”

The group behind the initiative, Nevada Voters First, filed the measure in November, seeking to give the state’s growing unaffiliated voter bloc a greater say in elections. Nevada is one of nine states that holds primaries closed to registered members of the two main political parties. Unaffiliated or minor party voters represent 36 percent of the state electorate according to the state’s latest figures.

“Today marks the first step in the effort to ensure every Nevadan’s voice and vote count,” said Todd Bice, a Las Vegas attorney who filed the initiative, in a statement on the ruling. “We are excited to begin the signature gathering process to qualify this initiative for the ballot in November and look forward to continuing to engage in conversations with Nevadans from all walks of life to ensure a representative election process that works better for Nevadans.”

The initiative, if it reaches the ballot and is approved by voters, would change primary and general elections for state office elections except contests for U.S. president and vice president. Primaries would be open to all voters, with the top five finishers advancing to a ranked-choice general election where voters would rank their candidate preferences.

Under the ranked-choice framework, if no candidate wins more than 50 percent of the ballot outright, the candidate with the fewest votes is dropped and the ballots recounted, with the ousted candidate’s votes reallocated to voters’ second-choice pick. The process continues until a candidate tops the 50 percent threshold.

To get the initiative on the ballot, supporters need to obtain signatures from more than 140,000 voters across the state, one-quarter from each of the state’s four congressional districts. Voters would need to approve the change in two successive elections. It seeks to take effect by July 2025 in time for the 2026 election.

Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjournal.com. Follow @DentzerNews on Twitter.

Helton v. Nevada Voters First by Las Vegas Review-Journal on Scribd