State of Nevada

Nevada Photo ID Ballot Initiative Challenge 2023

Fleischmann v. Aguilar

Lawsuit filed on behalf of a voter against Nevada Secretary of State Francisco Aguilar (D) challenging a Republican-backed ballot initiative that would impose photo ID requirements for in-person voting and require voters who vote by mail to include an identifying number with their mail-in ballot. The plaintiff argues that the ballot initiative violates Nevada law because it is deceptive, misleading and does not explain the consequences of the ballot initiative to properly inform voters. 

The plaintiff also alleges that the ballot initiative violates the Nevada Constitution because the ballot initiative would require government spending, but does not provide how revenue would be raised. The plaintiff argues that requiring all voters to have a photo ID could only be constitutional if Nevada were to offer free photo identification to all voters. Because Nevada does not currently offer free photo ID to all voters, the plaintiff argues that the government would have to provide identification to all Nevada voters but does not explain how this program will be paid for. The new ID requirements for mail-in ballots could also require additional funding for new mail ballots and envelopes. Therefore, the plaintiff argues that the ballot initiative violates the Nevada Constitution. 

The plaintiff asks for the court to prohibit the secretary of state from putting the photo ID initiative on the 2024 general election ballot. On March 6, the court dismissed the case leaving the photo ID initiative on the ballot.

RESULT: On May 24, 2024, the Nevada Supreme Court affirmed the district court’s decision. The photo ID ballot initiative will remain on the ballot.

Case Documents

Case Documents (Nevada Supreme Court)

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