That's why I keep hammering capacity, capacity, processing, processing.

(Amber Renee Dixon) That was Nevada Secretary of State Francisco Aguilar in June.

Now, just days away from Election Day, he's back in studio with an update on the Silver State's capacity to process general election votes.

Plus... (male voice) I want the government to stay out of my bedroom, my doctor's office, my library, and quit telling me that this nation was founded on Christianity.

It wasn't.

It was founded on getting away from government-driven church.

-We have highlights from our joint show with State of Nevada on Nevada Public Radio this week on Nevada Week.

♪♪♪ Support for Nevada Week is provided by Senator William H. Hernstadt.

-Welcome to Nevada Week.

I'm Amber Renee Dixon.

Nevada is one of seven swing states that could decide the high-stakes Presidential election between Vice President Kamala Harris and former President Donald Trump.

And the spotlight on the state will only shine brighter the longer it takes to determine a winner here.

At the center of that attention will be Nevada Secretary of State Francisco Aguilar.

He joins us now.

Secretary, welcome back to Nevada Week.

-Thank you for having me.

Excited to be here.

-So 2020, it took several days for President Joe Biden to be declared a winner in Nevada.

How long do you think it'll take this time?

-Well, there's a few nuances to it.

Look, we've been working really hard over the last 18 months to ensure that the capacity existed at the county level for them to be able to process mail ballots that they're receiving.

There are nuances to it, as I said.

One is we have to wait till the last voter in Nevada votes.

Once we have confirmation that every voter in Nevada has voted, we can start to release results.

However, we know this is going to be a high-turnout race.

We have implemented policies and procedures all within Nevada statute that allow us to do that.

The county right now and the counties across the state are processing ballots as they receive them.

Both Washoe and Clark are caught up to date on those ballot processing.

So they're not waiting till Election Day to start processing.

They're already doing it.

And so that's a substantial change from the previous elections.

We see this-- we saw this process work in the June primary.

I think you noticed we had confirmation as the last voter voted at 7:54.

At 8:04, we had results out, which included all early mail ballot, all early in-person voting.

Some mail received on Election Day, and we released that data and that information.

And it was fun to watch our broadcast partners get caught off guard because the data was there.

And then we did another release that was in person on Election Day.

So I think you will see those two releases come out as close to election night as possible.

-Okay.

When we last spoke before the primary in June, you had said that Clark and Washoe County would begin processing ballots after 8 a.m. on Election Day.

You're saying that has been moved up now?

-That has, because we understand the turnout of this race is significantly different from what occurred during the primary election.

-Will you also remind our viewers how much of mail balloting makes up the final total vote.

I mean, why was that so significant in 2020?

-It was significant because it was the first time they were experiencing a large number of mail ballots and had to do with COVID.

But after COVID, we have worked with the counties to change their operations, to look at the voting process differently than-- one thing that drives me up a wall is every time I hear an elections official say, Well, this is how we've always done it.

We're not doing election like we always have done it.

Over the last few, Nevadans are adopting mail ballots more and more, and so we have to evolve, understanding what their wish is and the way our Nevadans are voting.

-Not all Nevadans support mail-in ballots.

-That's true, but the majority are.

I think if you look at across the state, Nye County has the highest adoption rate of mail ballots.

-Wow.

As we record this, Election Day is six days away.

Does that make you nervous?

-Every day makes me nervous.

But if I'm not on my toes, I'm not on my best game.

-Okay.

And so far, accounting for mail ballots as well as Nevada's effective absentee system for elections or ease and in-person early voting, more than 790,000 votes have been cast in Nevada.

Republicans have cast 40,000 more votes than Democrats.

Independents have cast more than 209,000 votes.

What has stood out to you about early voting in Nevada so far?

-The sheer number of Nevadans voting.

That is what really has stood out, and that's a great thing.

Nevada, as a battleground state, is going to have an influence on the future of our country.

And it's proud to know that Nevadans are going to have a say.

I saw a chart that talked about the Nevada vote versus the other six battleground states.

The Nevada vote is the most powerful vote in the country, and I hope Nevadans understand the value of their input and their voice.

-How would you describe turnout compared to 2020, turnout so far compared to 2020?

-You know, I wasn't paying attention to elections in 2020.

-Right.

You were not in this role.

-This is new to me, but understanding, again, what occurred in 2020 is a reminder that our elections are close, our margins are small, and we need every Nevadan to participate to get a true sense of what we want as a community.

-What issues, if any, have you been made aware of regarding early voting in Nevada?

-You know, I've spoken to, you know, our two registrars, Registrar of Voters in Clark and Washoe.

You know, Washoe doesn't have a registrar at the moment.

They have two strong deputies.

They have an assistant county manager who's engaged in the elections process every day, speaking to them about what is occurring.

You know, we're comfortable to know that Nevadans are being respectful of Nevadans.

There are some flare-ups and small issues, but overall, I think things are going really well, and I'm proud of Nevadans for stepping up and doing what they're doing.

-Has there been harassment?

-Small issues, not major issues?

I don't think we've seen the intensity we saw in 2020.

And in talking with some of the clerks, both rural and urban, and trying to get an understanding of what is different now versus-- and I think it goes back to our election protection bill that we passed during the '23 legislative session.

I need to give credit to our legislative leaders.

I need to give credit to our Governor for really understanding what Nevadans wanted in their elections process.

The fact that we can stand up and have the backs of our poll workers and our election workers is a good thing.

-Nevada Governor Joe Lombardo did announce that he will activate the National Guard to support law enforcement on Election Day.

Should this be alarming to Nevadans?

-Not at all.

If you read the entire release, you would understand the context of why they're engaging.

They're not going to be located at polling locations.

They're not going to be in a visible way working in the election space.

What they are is an extra hand available should we need them.

It's talking about operational issues that are behind the scenes that occur.

We just want to make-- it's better to have them ready than not to have them and then have an issue and not have them prepared.

This is an opportunity for us as a state to be strategic and to be smart about how we're engaging our state resources.

-What will this look like?

I mean, are we going to be seeing National Guard members at the polls?

-No, you're not.

And I worked with our sheriffs, both in Clark and Washoe, they recommended, and they do not want to see police or law enforcement visibly present at polling locations.

We need to ensure that our polling locations are safe, but yet they need to be a welcoming environment for every voter, and every voter needs to feel comfortable in those environments.

And so it is a different approach when you talk about these issues.

-I'm glad you brought up Washoe County, because what is going on in Washoe County?

You have the interim registrar who said she was pushed out of her position after the County said that she asked for leave because of stress issues.

-Yeah, I don't know what occurred.

You know, that's an HR issue.

That's a management issue that has to deal with Washoe County.

I don't have contacts or insight.

You know, my job is to be the regulator and to provide support where necessary.

My team has been engaged with Washoe County.

We make sure they have the resources they need.

We're there supplying them hands on deck should they need additional support and help.

We are there in every way possible to ensure that Washoe voters have an incredible experience with the voting process.

-Do you not investigate this then, what is going on?

-No, because it's an HR issue.

This is a management issue.

It's not-- my purview as Secretary of State is not in personnel matters.

That is up to local government agency to manage.

They have an independently elected county commission board, which is, this is operations of the actual county.

This does not have to do with the operations of elections.

This is a management personnel issue.

-And then the other situation is with the county manager who is taking medical leave.

The County says he had a planned medical procedure.

-Look, Manager Brown has been committed to the elections department.

He's ensured that they have the resources they need to continue to move forward.

You know, you cannot dictate when somebody has a medical issue.

And unfortunately, he is a good man.

He has worked extremely hard.

He cares about his community, and I think his commissioners are giving him the support he needs right now during this time.

-Sticking with Washoe County, the commission there initially voted not to certify the results of a recount of the primary in June.

And as a result, you asked the Nevada Supreme Court to do what?

-I asked them to give us a mandate, reminding county commissioners that this is a ministerial responsibility.

This is not an opportunity to debate the election or raise concerns about the operations of the elections.

There is a time and place for that conversation to take place during the certification of the election.

This is not the time or place, based on Nevada law.

And I was asking the Supreme Court to make that very clear, the responsibilities of our county commissioners.

-So then that county commission later voted to certify those results, and the State Supreme Court said, Well, now this matter is moot, but also it's not the court's role to issue advisory opinions.

That's not what you wanted?

-No.

I think what they said was, The issue had been addressed, and they were no longer needed to make their opinion known.

However, if this did occur in the future, they would do an expedited hearing and address this in a quick turnaround.

-So you're happy?

-I am-- I would like them to clarify exactly what Nevada law says, because it is very clear and the intent is present.

And if you are, you know, a lawyer and you read that statute, it's very clear to you immediately what the intent of that law is.

And so we would have liked the Nevada Supreme Court to let their opinion known, but the fact that they're willing and committed to hearing these cases in an expedited manner makes me feel comfortable.

-What is your level of concern that counties will not be certifying results?

-I, you know, I don't-- after that exercise, I don't think there is anybody who has doubt about what their responsibility is.

I think it's very clear now what the responsibility of county commissioners are.

Also too, I think you have to understand the context of which that vote took place.

There was an Assistant District Attorney who gave an opinion to that county commission that I think was not in the best interest of Washoe County citizens.

And so the impact of lawyers interpreting law for elected officials is a big responsibility.

And when you deviate from your responsibility and you deviate from the clear intent of the law, that's an issue.

-You've been dealing with a lot of attorneys lately, right?

-I'd like to say elections are a stimulus package for lawyers, even though lawyers do not need any additional support.

-Well, let's talk about another lawsuit, which recently was-- well, what would you determine it, settled, or there was a decision, and I'm talking about from the State Supreme Court that mail-in ballots without a postmark can be accepted up to three days after the November 5 election.

Republicans argued that violated state law.

Headlines paint this as a major blow to Republicans, but how many votes are we really talking about here?

-First of all, let's talk about this.

This is an important discussion, because I think there needs to be clarity around this issue.

This is not the fault of a voter who made the effort to participate in our democracy.

They relied on the United States Postal Service to stamp that ballot and get it to the clerk's office.

There are some situations when the ballot does not get stamped, and that's not the fault of the voter.

That is the responsibility of the United States Postal Service.

And so to take away somebody's vote because the Postal Service failed to do its job is what we really need to understand what this is about.

Also too, it doesn't-- it, you know, in the '24 June primary election between Washoe County and Clark County, there is about 245,000 votes total.

This only applied to 30 ballots.

So it's, you know, .00 of actual ballots that this applies to.

And so I think there are better efforts for us to educate voters about the process than to look at this as a major blow to anybody.

This is a protection of voters who participate in the system in getting their voice heard.

-There are other lawsuits that Republicans have filed, election related, several of which likely will not be decided until after the election.

Does that impact the integrity of these votes or-- the vote count?

I mean, can they come back and it be argued?

-No.

I think, again, every ballot-- just because also, too, a ballot is not postmarked, there is still a scan on that ballot.

-And I'm talking about-- I'm sorry to not have made it clear, but the other lawsuits that Republicans have filed, election related.

I mean, those resolutions will not likely be determined until well after the election.

-I think sometimes, we talked about this last time, some of these lawsuits are being used as press releases and not true arguments of legal theory or a legal basis.

And I think some of them start to disappear as time goes on, because the election will be run.

Nevada runs some of the most safest, secure, and accessible elections in the country.

And I think people realize what we have done here.

And it's also important to note that our 17 county clerks live in the communities where they're managing and executing these elections.

They care about their neighbors.

They care about the future of that community.

They're not going to do anything that is going to jeopardize what's in the best interest of the majority.

-And those county clerks represent both political parties.

-They do.

And it's important to know Washoe and Clark have appointed registrars.

15 of the 17 are elected.

13 of the 15 are the Republican party, one is a Democrat, and one is an Independent.

This is a diverse view of a lot of issues that we have conversations about, and it's my responsibility to build the collective whole and collaborate with every clerk across the state.

-I want to fit in one more topic and get your thoughts on it; that is, Ballot Question 3, which would implement open primaries in Nevada and ranked-choice voting in the general election.

It came up a lot during a recent call-in show that I co-hosted with Nevada Public Radio's Joe Shoenmann.

Our guests were two former politicians.

Chris Guinchigliani is a Democrat and a former Clark County Commissioner and Nevada State Assemblywoman.

Warren Hardy is a Republican and a former state Senator.

(male voice) I want to make a comment before I get into ranked-choice voting.

I want the government to stay out of my bedroom, my doctor's office, my library, and quit telling me that this nation was founded on Christianity.

It wasn't.

It was founded on getting away from government-driven church.

-Okay.

-That comment I just wanted to make.

Now, on ranked-choice voting, one of their first that the anti people, one of their first things they say in their ad is, you have to actually, you know, find out who these people are before you vote on them.

Well, that should have been done a long time ago.

Instead just voting an R or a D or an I or whatever, you know, their whole-- their whole comment is, my God, you have to do your work as a citizen to find out who you're voting for.

-A great comment there.

And here's another listener who called our voice mail line to record his comment before the show.

(male voice) Hi, Joe.

This is Victor from Henderson.

I'm a retired professor of political science with a focus on electoral systems and voter behavior, and I'm calling to comment on Question 3 on the ballot that seems to conflate two very important issues adding to voter confusion.

I think these two important issues are important enough to be judged on their own merits separately and not put together in one combined package.

It's important to talk about expanding voter participation and having a better way of choosing candidates that the ranked-choice voting offers, but it's done in such a way that it creates a lot of confusion, and this confusion is intentional in order to sell a "pig in a poke."

And this is very unfortunate, since both issues clearly deserve to be judged on merits.

Proposition 3 appears to be financed by out-of-state financial interests.

So it's legitimate to ask: If this is such a good idea, why don't they spend their money at home to promote similar proposals where they live, instead of in Nevada?

Or do they consider Nevada as a playpen where they can experiment with their pet political ideas?

As a retired professor of political science, I consider this very unfortunate that these out-of-state financers refuse to disclose their identity, thereby holding their real motive for spending $15 million to confuse Nevada voters.

Thank you.

-That is a-- he makes two really good points.

And Chris, one question on the ballot really has two different ideas in it.

And he's also talking about outside money as well.

We'll get to that.

But two different ideas we are talking about: opening the primaries and ranked-choice voting.

Those, they both have to do with elections, but they're separate.

What are your thoughts?

-My thoughts are very frustrating, because Heidi Gansert, I think, was the one who had the legislation where we did single subject to make sure that it was clear and concise.

It went to the Supreme Court, and unfortunately, they did not see that these groups have been hiding behind an open primary debate to get the ranked ballot part.

Most people aren't reading to the second page, the second tier.

It's unfortunate the Supreme Court did not clearly see on its face that these are two separate, separate ideas and should have been split.

But that's what they're using.

The out-of-state folks are funding it and using it as the open primary to let nonpartisans vote.

And that's a different debate, and that's fine.

But the ranked voting is a very much different animal, and it's going to be very confusing.

I think it will actually, if it passes, it'll decrease turnout.

Only Alaska, I think, has it.

I don't know if anybody else does, has adopted it.

-I think Alaska and Maine.

-And Maine.

So it's-- we are kind of the, what was the term he used, the playground?

-A playground.

-A playground.

Unfortunately, I think they're testing the waters with a small state like us to see if they can get this passed by dumping over $15 million in from out-of-state people.

-Warren Hardy?

-Yeah, that's not new.

I mean, we've been, we've been the political laboratory for ballot questions as long as I've been around, because we are a small state that looks a lot like the rest of the United States.

Yeah, listen, I had a friend ask me.

And I said unfortunately, unfortunately, I am going to support Question 3.

I agree with everything Chris just said.

I'm not sure why we just don't open our primaries and we have to go to ranked-choice voting.

But here's where I am, personally, from an inside perspective, watching the legislature work.

We have a very, very hard time getting moderate candidates through primaries that are willing to work with the other side.

When Chris and I came up, and we were elected the same year in '91, we fought like cats and dogs.

But at the end, we compromised.

And now compromise is a dirty word.

Well, guess what?

The founding fathers set up a system specifically to force compromise as a way to protect the minority.

And so we're so far afield from that now, because people are "my way or the highway," instead of, instead of sitting down and compromising and understanding what Ronald Reagan says, that if you get 51% of what you want, that's a complete political victory.

That's lost on folks.

We have gotten some very good-- there are some very good legislators in Nevada who understand that, but it's almost sometimes an anomaly when they get through the primary.

So this, in my mind, is really the only way that we can get moderate candidates.

I've said this before publicly.

The problem right now in politics is not conservatives and liberals.

I'm a conservative.

Chris is a liberal.

I respect Chris.

Chris is a liberal who believes that she sees this monolithic thing called government and doesn't understand why it doesn't use its power and wealth to help people.

That's not evil.

I'm a conservative.

I look at it and say, to be nice, but we can't afford it.

That's the fight Chris and I had.

Now we've got the MAGA right and the woke left who can't get to a place in the middle where they can compromise and do what's right for the state of Nevada.

And all we have in front of us right now is Question 3 to get to a place where we can -- I don't think Chris could be elected.

I know I couldn't be elected now, because I'm not far right enough, and Chris isn't far left enough.

And she's a solid liberal.

Trust me, I've got a lot of political scars.

But that's not where we are in Nevada.

There's a litmus test for MAGA right or woke left.

And if that doesn't change, our system of government doesn't survive.

-I hope we can get back to this.

But Warren, you are the first politician-- well, you are not an active politician, but former politician, to say you are in favor of Question 3.

I thought it's unique in that both Democrats and Republicans have strongly opposed this, and I think that's what draws some people.

-I think Warren's looking for the policy side of that potential on ranked voting, and that's a debate to have.

But I don't think that's going to be the outcome.

You're going to have more drop off.

He's right, everybody's polarized now.

And back to the earlier question that the gentleman called in-- and Victor was spot on as well.

You can't be a moderate Democrat or a moderate Republican right now.

It's just-- and that's nationally.

That's not just in Nevada.

It's almost like, Well, why do you see the Cheneys of the world coming out?

Because maybe they still believe in the institution.

I do go back to lack of civics in our high schools and teaching.

I think that that's part of the problem.

If it's not on a test, it's not taught anymore.

I think we have an obligation and a responsibility.

Remember when they took drivers ed out and we said, No!

We tried to put it back in.

Why do you have people that don't drive well?

Well, you got young kids.

Many aren't getting their driver's license.

But those that do don't have the training and the practice that comes into play.

It's the same thing in politics.

You need to make sure that people know about the institution that you respect, and then you can fight about the policy part of it.

But government does work.

It can work better, but it only works if people are engaged in practicing their right to vote and questioning people.

-A lot was said during that about Question 3 and more.

I know you cannot give your stance on Question 3, but will you tell me, at least, how it impacts your office if it is to pass.

-Yeah.

It's my responsibility as the chief elections officer to look at these types of initiatives and say, How are we going to plan for the implementation if Nevada voters decide to move forward?

My team has done that.

We've looked at aspects of this issue.

You know, it will change the way we administer elections a bit.

You know, as we started the show, we talked a lot about capacity and providing Nevadans the information they want within an acceptable time period.

If this were to pass, it would change that administration of elections by delaying the office from releasing results for six days, because under Nevada law, under Nevada statutes, we have to ensure that we follow the curing time for ballots that exist.

And to give a true perspective, without getting caught in the middle of a back and forth, that is the most prudent thing for us to do as election administrators.

It also changed the layout of the ballot.

You know, we now have, I believe, are getting Nevadans comfortable with mail ballots and the way that process works.

That mail ballot will look different, which will then cause additional voter education.

And I wish we would spend the time to invest in voter education so that people are clear on what these changes are and how it's going to impact them.

And that's really where I'm concerned.

Will we do it?

Of course.

We will do whatever Nevada voters decide, but they are going to have to participate with us, because there will be some changes to the process.

-Nevada Secretary of State Francisco Aguilar, best of luck this upcoming election.

Thank you for joining Nevada Week.

And thank you for watching.

A reminder that Friday, November 1, is the last day of early voting, and Election Day is Tuesday, November 5.

To find out how to register to vote, go to vegaspbs.org/nevadaweek.

That is also where you'll find several voter education videos that we've created with the Secretary of State's office.

The Hey Nevada!

initiative is helping Nevadans stay informed and create a voting plan this election.

Happy voting, and I'll see you next week on Nevada Week.