Senate Joint Resolution No. 18–Committee on
Government Affairs

March 17, 1999

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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 [omitted material] is material to be Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). omitted.

 

SENATE JOINT RESOLUTIONProposing 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 of

1-3 Nevada be amended to read as follows:

1-4 Sec. 9. Every public officer in the State of Nevada is subject, as herein

1-5 provided, to recall from office by the registered voters of the state, or of the

1-6 county, district, or municipality which he represents. For this purpose, not

1-7 less than twenty-five per cent (25%) of the number who actually voted in

1-8 the state or in the county, district, or municipality which he represents, at

1-9 the election in which he was elected, shall file their petition, in the manner

1-10 herein provided, demanding his recall by the people. They shall set forth in

1-11 said petition, in not exceeding two hundred (200) words, the reasons why

1-12 said recall is demanded. If he shall offer his resignation, it shall be accepted

1-13 and take effect on the day it is offered, and the vacancy thereby caused

1-14 shall be filled in the manner provided by law. If he shall not resign within

1-15 five (5) days after the petition is filed, a special election shall be ordered to

1-16 be held within thirty (30) days after the issuance of the call therefor, in the

1-17 state, or county, district, or municipality electing said officer, to determine

1-18 whether the people will recall said officer. On the ballot at said election

1-19 shall be printed verbatim as set forth in the recall petition, the reasons for

1-20 demanding the recall of said officer, and in not more than two hundred

1-21 (200) words, the officer’s justification of his course in office. He shall

2-1 continue to perform the duties of his office until the result of said election

2-2 shall be finally declared. Other candidates for the office may be nominated

2-3 to be voted for at said special election. The candidate who shall receive

2-4 [highest number] the majority of votes at said special election ,

2-5 incorporating the use of an instant runoff election if necessary, shall be

2-6 deemed elected for the remainder of the term, whether it be the person

2-7 against whom the recall petition was filed, or another. The recall petition

2-8 shall be filed with the officer with whom the petition for nomination to such

2-9 office shall be filed, and the same officer shall order the special election

2-10 when it is required. No such petition shall be circulated or filed against any

2-11 officer until he has actually held his office six (6) months, save and except

2-12 that it may be filed against a senator or assemblyman in the legislature at

2-13 any time after ten (10) days from the beginning of the first session after his

2-14 election. After one such petition and special election, no further recall

2-15 petition shall be filed against the same officer during the term for which he

2-16 was elected, unless such further petitioners shall pay into the public

2-17 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 the

2-19 preceding special election. Such additional legislation as may aid the

2-20 operation of this section shall be provided by law.

2-21 And be it further

2-22 Resolved, That section 4 of article 5 of the Constitution of the State of

2-23 Nevada be amended to read as follows:

2-24 [Section] Sec. 4. 1. The returns of every election for United States

2-25 senator and member of Congress, district and state officers, and for and

2-26 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 the

2-28 seat of government, directed to the secretary of state, and the chief justice

2-29 of the supreme court, and the associate justices, or a majority thereof, shall

2-30 meet at the office of the secretary of state, on a day to be fixed by law, and

2-31 open and canvass the election returns for United States senator and member

2-32 of Congress, district and state officers, and for and against any questions

2-33 submitted to the electors of the State of Nevada, and forthwith declare the

2-34 result and publish the names of the persons elected and the results of the

2-35 vote cast upon any question submitted to the electors of the State of

2-36 Nevada.

2-37 2. The persons having the [highest number] majority of votes for the

2-38 respective offices , incorporating the use of an instant runoff election if

2-39 necessary, shall be declared elected, but in case any two or more have an

2-40 equal and the highest number of votes for the same office [,] after the use

2-41 of an instant runoff election, the legislature shall, by joint vote of both

2-42 houses, elect one of said persons to fill said office. The legislature shall

2-43 provide by law for instant runoff elections.

3-1 And be it further

3-2 Resolved, That section 14 of article 15 of the Constitution of the State

3-3 of Nevada be amended to read as follows:

3-4 Sec . [:] 14. A [plurality] majority of votes [given] is required at an

3-5 election by the people, [shall] incorporating the use of an instant runoff

3-6 election if necessary, to constitute a choice . [, where not otherwise

3-7 provided by this Constitution.]

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