Senate Joint Resolution No. 18–Committee on
Government Affairs
March 17, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Proposes to amend Nevada Constitution to require election by majority vote by incorporating use of instant runoff elections. (BDR C-1008)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of
Nevada to require election by majority vote by incorporating the use of instant runoff
elections.
1-1
Resolved by the Senate and Assembly of the State of Nevada,1-2
Jointly, That section 9 of article 2 of the Constitution of the State of1-3
Nevada be amended to read as follows: Sec. 9. Every public officer in the State of Nevada is subject, as herein1-5
provided, to recall from office by the registered voters of the state, or of the1-6
county, district, or municipality which he represents. For this purpose, not1-7
less than twenty-five per cent (25%) of the number who actually voted in1-8
the state or in the county, district, or municipality which he represents, at1-9
the election in which he was elected, shall file their petition, in the manner1-10
herein provided, demanding his recall by the people. They shall set forth in1-11
said petition, in not exceeding two hundred (200) words, the reasons why1-12
said recall is demanded. If he shall offer his resignation, it shall be accepted1-13
and take effect on the day it is offered, and the vacancy thereby caused1-14
shall be filled in the manner provided by law. If he shall not resign within1-15
five (5) days after the petition is filed, a special election shall be ordered to1-16
be held within thirty (30) days after the issuance of the call therefor, in the1-17
state, or county, district, or municipality electing said officer, to determine1-18
whether the people will recall said officer. On the ballot at said election1-19
shall be printed verbatim as set forth in the recall petition, the reasons for1-20
demanding the recall of said officer, and in not more than two hundred1-21
(200) words, the officer’s justification of his course in office. He shall2-1
continue to perform the duties of his office until the result of said election2-2
shall be finally declared. Other candidates for the office may be nominated2-3
to be voted for at said special election. The candidate who shall receive2-4
2-5
incorporating the use of an instant runoff election if necessary, shall be2-6
deemed elected for the remainder of the term, whether it be the person2-7
against whom the recall petition was filed, or another. The recall petition2-8
shall be filed with the officer with whom the petition for nomination to such2-9
office shall be filed, and the same officer shall order the special election2-10
when it is required. No such petition shall be circulated or filed against any2-11
officer until he has actually held his office six (6) months, save and except2-12
that it may be filed against a senator or assemblyman in the legislature at2-13
any time after ten (10) days from the beginning of the first session after his2-14
election. After one such petition and special election, no further recall2-15
petition shall be filed against the same officer during the term for which he2-16
was elected, unless such further petitioners shall pay into the public2-17
treasury from which the expenses of said special election have been paid,2-18
the whole amount paid out of said public treasury as expenses for the2-19
preceding special election. Such additional legislation as may aid the2-20
operation of this section shall be provided by law.2-21
And be it further2-22
Resolved, That section 4 of article 5 of the Constitution of the State of2-23
Nevada be amended to read as follows:2-25
senator and member of Congress, district and state officers, and for and2-26
against any questions submitted to the electors of the State of Nevada,2-27
voted for at the general election, shall be sealed up and transmitted to the2-28
seat of government, directed to the secretary of state, and the chief justice2-29
of the supreme court, and the associate justices, or a majority thereof, shall2-30
meet at the office of the secretary of state, on a day to be fixed by law, and2-31
open and canvass the election returns for United States senator and member2-32
of Congress, district and state officers, and for and against any questions2-33
submitted to the electors of the State of Nevada, and forthwith declare the2-34
result and publish the names of the persons elected and the results of the2-35
vote cast upon any question submitted to the electors of the State of2-36
Nevada.2-37
2. The persons having the2-38
respective offices , incorporating the use of an instant runoff election if2-39
necessary, shall be declared elected, but in case any two or more have an2-40
equal and the highest number of votes for the same office2-41
of an instant runoff election, the legislature shall, by joint vote of both2-42
houses, elect one of said persons to fill said office. The legislature shall2-43
provide by law for instant runoff elections.3-1
And be it further3-2
Resolved, That section 14 of article 15 of the Constitution of the State3-3
of Nevada be amended to read as follows: Sec .3-5
election by the people,3-6
election if necessary, to constitute a choice .3-7
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