2018 General Election Report November 6, 2018 A Word from Jim Wadhams

It has come to pass that a blue wave occurred in Nevada as a result of the 2018 Midterms. Democrats won a coveted second Senate seat, control of the state's Executive Branch, and majorities in both houses of the state legislature.

With a few exceptions created by vacancies, we now know the composition of the body that will flock to Carson City in three months' time. As was the case in 2017, Democrats will control both houses; however, this time, we will also encounter Democrats at the executive level of Nevada state government. Our approach - identifying strategic points of contact and engaging with legislators of all stripes - will remain the same.

Tracking election results is both exciting and necessary, but keep in mind that it is just the first step in the legislative process. This report is intended to continue the political and policy dialogue with you, our client, as we count down the days until the next legislative session. We have highlighted races and results of special interest in the first several pages, with a full recap of results in federal, constitutional, and legislative offices at the end. Jim

80th Legislative Session

Opening Day February 4, 2019 Sine Die June 3, 2019 Table of Contents

Federal Delegation 3

Constitutional Offices 4

State Senate 5

State Assembly 6

Vacancies 7

Ballot Questions 8

Full 2018 Election Results 9

Contact Information 17 Federal Delegation

2018 was a big year for federal elections in the notoriously purple Silver State, featuring a competitive race for United State Senate and open races in two of the state's four seats in the House of Representatives.

United States Senate: Wins From the outset, the battle for Nevada's seat was one of the most closely watched in the nation. As the only incumbent Republican up for election in a state won by Hillary Clinton in 2016, Senator (R) was always slated to face an uphill battle in the press. Polls had mostly shown a dead heat in the run-up to Election Day; however, freshman Representative Jacky Rosen (D) defied the odds and came out the winner. Rosen's victory will have lasting impacts on the national stage, as the perceived battle lines against President Donald Trump are drawn. Winner: Rosen

House of Representatives: Lee and Horsford Victorious The consensus among political pundits is that after the dust settles, control of the House will flip and Democrats will make up the majority. Nevada's two key swing districts played a role in this party victory, as both remained in Democratic control following the election.

The race for Congressional District 3 was a match up between businessman and perennial candidate Danny Tarkanian (R) and philanthropist Susie Lee (D). Despite receiving President Trump's endorsement, Tarkanian's support among Republicans was unable to match Lee's enthusiasm from the Democratic base. Winner: Lee

In Nevada’s Congressional District 4, a crowded field of Democratic primary candidates fought to replace Representative Ruben Kihuen (D), who declined to seek reelection following a string of sexual harassment allegations. Kihuen’s departure set up a rematch of the 2014 midterm election, pitting former congressman Steven Horsford (D) against the man that beat him during the red wave, former congressman Cresent Hardy (R). Ultimately, Horsford prevailed in the quasi-urban, quasi-rural district, and will return to Washington D.C. Winner: Horsford

3 Constitutional Offices

Nevada's statewide ballot included several high-profile contests in the Executive Branch that put pressure on both parties to increase the state's typically lackluster midterm voter participation. Compared to the historically low turnout of the 2014 Midterm Election, 2018 blew it out of the water. During the early voting period alone, more ballots were cast than during the entire 2014 election.

Governors Race: Welcome Governor Sisolak Term limits prevented Nevada's popular Governor (R) from seeking re-election this year. Finding his replacement proved difficult for both parties, as the race was considered a virtual dead-heat all the way up through the election. Attorney General Adam Laxalt (R) ran hard to the right of the more moderate Sandoval, which ultimately kept him from receiving the incumbent's endorsement. Clark County Commissioner (D) chose to align himself with the outgoing governor on a number of issues, promising to maintain Sandoval's more popular programs. This approach worked well in a swing state like Nevada, leading to a Sisolak victory. Winner: Sisolak

Lieutenant Governor: Marshall Wins Though the governor and lieutenant governor don't officially run on a "ticket" together in Nevada, Sisolak's unofficial running mate and former State Treasurer (D) also pulled off a victory against Republican candidate and Senate Minority Leader (R). Winner: Marshall

Attorney General: Ford Wins in Nail-biter When this report was first published, the results in this race were too close to call; however, after the final tranche of precincts in Clark County reported their results, Senate Majority Leader Aaron Ford (D) was declared the winner against Republican candidate Wes Duncan (R). The race was hard fought with national political overtones. Winner: Ford

Secretary of State: Cegavske Stays Incumbent Secretary of State Barbara Cegavske (R) won a difficult re- election bid against two-term Assemblyman Nelson Araujo (D) despite exchanging leads with him during the election's final hours. Cegavske was the only Republican to win a statewide office this cycle. Winner: Cegavske 4 State Senate

Democrats controlled the upper house of the legislature in 2017 with an 11-9-1 majority, with one non-partisan. As predicted, the party will retain their control in 2019 with a 13-8 majority. This will allow Democrats to pass most bills without Republican support; however, they are just shy of a two-thirds majority, or 14 votes, which is required to pass a tax increase or override a Governor's veto.

Going in to Election Day, there 6 were three state senate races 3 1 that loomed over the rest due to 7 tight voter registration numbers 8 4 19 20 and a narrow enthusiasm gap 9 13 11 15 16 between the two parties. 5 18

Senate District 8 was left 2 10 21 12 14 17 vacant when Senator (NP) announced that she would not seek re-election STATE SENATE earlier this year. Former state DEMOCRAT REPUBLICAN

assemblywomen Marilyn MID-TERM Dondero Loop (D) and Valerie (NOT ON 20 18 BALLOT) Weber (R) each fought a hard campaign, Dondero-Loop ultimately won. Winner: Dondero-Loop

Senate District 9 was vacated when Senator (R) was appointed to the Gaming Control Board by Governor Sandoval in January. The race between Deputy District Attorney (D) and bakery owner Tiffany Jones (R) was considered close; however, anticipation that Scheible would win became more pronounced as early voting numbers came in. Winner: Scheible

Senate District 20 was left vacant as Senate Minority Leader Michael Roberson (R) ran for Lieutenant Governor instead of seeking re-election. Democrats rallied behind local businesswoman Julie Pazina (D), but ultimately, it was not enough to beat Assemblyman (R), who won by just 28 votes. Winner: Pickard 5 State Assembly

Democrats held firm control of the Assembly during the 2017 session with a 27-15 majority, a trend that was expected to continue due to voter registration advantages in a number of key districts. In the end, Democrats swept the lower house on Election Night, picking up several seats that were unexpected and securing a total of 29 seats. This constitutes a super- majority, allowing them to pass legislation without any Republican support and to override a gubernatorial veto. This cycle, there were five assembly races that were considered competitive. In Assembly District 2, 28 41 42 incumbent John Hambrick 18 4 14 37 (R) faced a challenge from 30 34 political newcomer Jennie 20 31 9 32 Sherwood (D). Hambrick 15 22 24 35 29 ultimately prevailed in the 6 10 2 23 16 19 race, winning 52 to 47. 27 21 3 7 36 39 Winner: Hambrick 11 17 13 26

In Assembly District 4, 1 5 8 12 25 33 38 40 incumbent Richard McArthur (R) narrowly lost to opponent Connie Munk STATE ASSEMBLY (D) in a last-minute upset. DEMOCRAT REPUBLICAN Winner: Munk Assembly District 29 pitted perennial opponents (D) and (R) against one another. Cohen held on to her 3se7at despite a tight voter registration advantage. Winner: Cohen Assembly District 31 also featured a throwback match-up between incumbent Skip Daly (D) and former assemblywoman (R). Despite Dickman's nearly 7-point voter registration advantage, Daly won. Winner: Daly The race in Assembly District 37 was considered too close to call all the way through election night into the next day. Political newcomer Shea Backus (D) and incumbent Jim Marchant (R) traded painfully narrow leads back and forth. Backus was declared the winner by 133 votes. Winner: Backus 6 Vacancies

The 2018 Election has left the state with a number of legislative vacancies to fill. Nevada is one of 25 states that fills vacancies by appointment, the other 25 use a special election. Vacancies that occur in a legislative district comprised of only one county are filled by the party central committee of that county. The process of appointing a replacement in multi-county districts is more complex, and takes place as follows:

An advertisement Commissioners Commissioners Replacement is is posted seeking from each county deliberate and vote selected and candidates. in the district on the nominee(s). confirmed. nominate a Each county vote is candidate proportional to its population within the district.

Senate Majority Leader Aaron Ford's (D) departure from the state senate following his successful bid for Attorney General creates the first of several vacancies. His replacement will be a Democrat from Senate District 1.

State Senator Tick Segerblom (D) ran for the Clark County Commission in the middle of his term. His replacement will be a Democrat from Senate District 3.

Republican candidate for Assembly Denis Hof (R) died unexpectedly in October. Despite his death, he beat opponent Lesia Romanov (D) by roughly 23 points. His replacement will be a Republican from Assembly District 36, which contains parts of Clark, Lincoln, and Nye Counties.

7 Ballot Questions

Nevada voters were asked to consider a total of six ballot questions this cycle, ranging in subject matter from the assessment of taxes to voter registration methodology. This election's ballot featured a heavy focus on energy policy, with two proposed constitutional amendments pertaining to energy. Question 3 was by far the most controversial on the ballot, pitting casino magnate Sheldon Adelson against fellow billionaire Warren Buffet and Berkshire Hathaway subsidiary NV Energy. It would have amended the Nevada constitution to eliminate NV Energy's monopoly on the generation, transmission, and distribution of electricity in the more densely- populated areas of the state. In NV Energy's place, Question 3 would have forced the establishment of a competitive electricity market in five years' time. Despite passing 72-28 in the 2016 election, support began to wane in 2018 due to increased scrutiny of the proposal, it failed 67-32 in 2018. The subject of electricity markets will likely remain a hot-button topic in the 2019 session. Result: Fail

Question 6 was on the ballot for the first time around this year. The proposed constitutional amendment mandates that Nevada's Renewable Portfolio Standard be increased from 25% by 2025 to 50% by 2030. A similar measure was vetoed by Governor Sandoval in 2017. Because it passed this year, Question 6 will return to the ballot in the 2020 election. Result: Pass

8 Full 2018 Election Results Congressional and Statewide Races

United States Senate Candidate Party Votes

Jacky Rosen DEMOCRAT 489,817

Dean Heller REPUBLICAN 440,868

House of Representatives Seat Leader

1 Titus DEM Joyce REP 2 Amodei REP Koble DEM

3 Lee DEM Tarkanian REP

4 Horsford DEM Hardy REP

Constitutional Officers Office Leader

G Sisolak DEM Laxalt REP LG Marshall DEM Roberson REP AG Ford DEM Duncan REP SOS Cegavske REP Araujo DEM T Conine DEM Beers REP C Byrne DEM Knecht REP

10 Legislative Races

State Senate Dem. 13 Rep. 8 Seat Leader

2 Denis DEM Border REP 8 Dondero-Loop DEM Weber REP 9 Scheible DEM Jones REP 10 Cancela DEM UNCONTESTED 12 Hardy REP Jordahl DEM 13 Ratti DEM Young IAP 14 Hansen REP Bozak DEM 16 Kieckhefer REP Davis DEM 1177 Settelmeyer REP Cannon DEM 20 Pickard REP Pazina DEM 21 Ohrenschall DEM McGinnis REP

State Assembly Dem. 28 Rep. 13 Seat Leader

1 Monroe-Moreno DEM UNCONTESTED 2 Hambrick REP Sherwood DEM

3 Torres DEM Sedlmeyer REP 4 Munk DEM McArthur REP 5 Miller DEM Burke REP 6 McCurdy DEM UNCONTESTED

11 Legislative Races

State Assembly Dem. 28 Rep. 13

Seat Leader

7 Neal DEM UNCONTESTED 8 Frierson DEM Peetris REP 9 Yeager DEM Cannon REP 10 Brooks DEM Searles REP 11 Diaz DEM Miceli REP 12 Martinez DEM Fletcher REP

13 Roberts REP Foster REP 14 Carlton DEM UNCONTESTED 175 Watts III DEM Vaughan REP 16 Swank DEM UNCONTESTED 17 Thompson DEM Little REP 18 Carrillo DEM Sadler REP 19 Edwards REP UNCONTESTED

20 Spiegel DEM McDonald REP 21 Fumo DEM Arrington REP 22 Hardy REP Watson DEM 23 Leavitt REP Preta IAP 24 Peters DEM UNCONTESTED

12 Legislative Races

State Assembly Dem. 29 Rep. 13

Seat Leader

25 Tolles REP Shorts DEM 26 Krasner REP Joseph DEM 27 Benitez-Thompson DEM UNCONTESTED 28 Flores DEM UNCONTESTED 29 Cohen DEM Silberkraus REP 30 Sprinkle DEM UNCONTESTED 31 Daly DEM Dickman REP 32 Hansen REP Povilaitis DEM 1373 Ellison REP UNCONTESTED 34 Bilbray-Axelrod DEM Wesen REP 35 Gorelow DEM Schoen REP

36 Hof REP Romanov DEM 37 Backus DEM Marchant REP

38 Titus REP UNCONTESTED 39 Wheeler REP Ackerman DEM 40 Kramer REP Zemke DEM 41 Jauregui DEM Wade REP 42 Assefa DEM UNCONTESTED

13 2018 Ballot Measures

Question 1 Yes Marsy's Law

Question 1 would amend Nevada’s Constitution, removing existing provisions that require the No Legislature to provide statutory rights for crime 39% victims and would replace those existing provisions with new state constitutional rights Yes that crime victims may assert throughout the 61% criminal or juvenile justice process.

Question 2 Yes Pink Tax Repeal

Question 2 would amend the Sales and Use Tax Act of 1955, which was approved by the voters in a constitutional referendum, and create a No state and local sales tax exemption for 44% feminine hygiene products, specifically Yes sanitary napkins and tampons. 56%

Question 3 No Energy Choice Initiative Question 3 would amend the Nevada Constitution, requiring lawmakers to dismantle Yes the existing electric monopoly structure in the 33% majority of the state, and establish a new competitive retail market, where multiple businesses would be able to offer electric No service, by July 1, 2023. 67%

14 2018 Ballot Measures

Question 4 Yes Medical Patient Tax Relief Act

Question 4 would exempt so-called durable No medical equipment — things such as oxygen tanks, 33% ventilators and wheelchairs — from taxation. Prosthetics, orthotics and some other medical supplies are already exempt from taxation under Nevada law. Yes 67%

Question 5 Yes Automatic Voter Registration

Question 5 would change the Department of Motor Vehicles (DMV) voter registration No process from an opt-in system to an opt-out 41% system. People would be automatically registered to vote when they apply for driver’s Yes licenses or identification cards unless they 59% choose not to do so.

Question 6 Yes Renewable Portfolio Standard Question 6 would increase Nevada’s Renewable Portfolio Standard from 25 percent by 2025 to No 50 percent by 2030. Lawmakers approved 41% similar language in the 2017 Legislative Session, AB206, which passed in both houses but was Yes vetoed by Governor Brian Sandoval. 59%

15 Advocacy. Analysis. Results.

Finding the right legislative representation matters. Fennemore Craig offers a suite of specialty services before, during, and after each legislative session to help clients throughout the Mountain West achieve their strategic policy goals. For more information, go to fclaw.com. Senator Richard Bryan Tyre Gray Katie Hoffman 702.791.8241 702.791.8230 775.788.2245 [email protected] [email protected] [email protected]

Kerrie Kramer Jon Leleu Dan Reaser 702.692.8038 702.692.8037 775.788.2226 [email protected] [email protected] [email protected]

Carolyn Turner Jesse Wadhams Jim Wadhams 702.692.8007 775.788.2257 702.692.8039 [email protected] [email protected] [email protected]

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