Article 5, Nevada Constitution

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Article 5 of the Nevada Constitution is entitled Executive Department and consists of 22 sections.

Section 1

Text of Section 1:

Supreme Executive Power Vested in Governor

The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada.[1]

Section 2

Text of Section 2:

Election and Term of Governor

The Governor shall be elected by the qualified electors at the time and places of voting for members of the Legislature, and shall hold his office for Four Years from the time of his installation, and until his successor shall be qualified.[1]

Section 3

Text of Section 3:

Eligibility; Qualifications; Number of Terms

No person shall be eligible to the Office of Governor, who is not a qualified elector, and who, at the time of such election, has not attained the age of twenty five years; and who shall not have been a citizen resident of this State for two years next preceding the election; nor shall any person be elected to the Office of Governor more than twice; and no person who has held the Office of Governor, or acted as Governor for more than two years of a term to which some other person was elected Governor shall be elected to the Office of Governor more than once.[1]

Amendments

  • Amended in 1970. Proposed and passed by the 1967 Legislature; agreed to and passed by the 1969 Legislature; and approved and ratified by the people at the 1970 General Election. See: Statutes of Nevada 1967, p. 1794; Statutes of Nevada 1969, p. 1668.

Section 4

Text of Section 4:

Returns of General Election Transmitted to Secretary of State; Canvass by Supreme Court; Declaration of Election

The returns of every election for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the secretary of state, and the chief justice of the supreme court, and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, on a day to be fixed by law, and open and canvass the election returns for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, and forthwith declare the result and publish the names of the persons elected and the results of the vote cast upon any question submitted to the electors of the State of Nevada. The persons having the highest number of votes for the respective offices shall be declared elected, but in case any two or more have an equal and the highest number of votes for the same office, the legislature shall, by joint vote of both houses, elect one of said persons to fill said office.[1]

Amendments

  • Amended in 1940. Proposed and passed by the 1937 legislature; agreed to and passed by the 1939 legislature; and approved and ratified by the people at the 1940 general election. See: Statutes of Nevada 1937, p. 553; Statutes of Nevada 1939, p. 361.

Section 5

Text of Section 5:

Governor is Commander in Chief of State Military Forces

The Governor shall be Commander in Chief of the Military forces of this State except when they shall be called into the service of the United States.[1]

Section 6

Text of Section 6:

Transaction of Executive Business; Reports of Executive Officers

He shall transact all executive business with the Officers of the Government Civil and Military; and may require information in writing, from the Officers of the Executive Department, upon any subject relating to the duties of their respective Offices.[1]

Section 7

Text of Section 7:

Responsibility for Execution of Laws

He shall see that the laws are faithfully executed.[1]

Section 8

Text of Section 8:

Vacancies Filled by Governor

When any Office shall, from any cause become vacant and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission which shall expire at the next election and qualification of the person elected to such Office.[1]

Section 9

Text of Section 9:

Special sessions of Legislature: Authority of Governor; limitations on business and duration; void actions.

1.  Except as otherwise provided in Section 2A of Article 4 of this Constitution, the Governor may, on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses, when organized, the business for which they have been specially convened.

2.  At a special session convened pursuant to this section, the Legislature shall not introduce, consider or pass any bills except those related to the business for which the Legislature has been specially convened and those necessary to provide for the expenses of the session.

3.  Except as otherwise provided in this subsection, the Legislature shall adjourn sine die a special session convened pursuant to this section not later than midnight Pacific time at the end of the 20th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 20th consecutive calendar day of that session is void. This subsection does not apply to a special session that is convened to conduct proceedings for:

(a) Impeachment or removal from office of the Governor and other state and judicial officers pursuant to Article 7 of this Constitution; or

(b) Expulsion from office of a member of the Legislature pursuant to Section 6 of Article 4 of this Constitution.

4.  For the purposes of this section, “midnight Pacific time” must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article [1]

Amendments

  • Amended in 2012. Proposed and passed by the 2009 Legislature; agreed to and passed by the 2011 Legislature; and approved and ratified by the people at the 2012 General Election. See Statutes of Nevada 2009, p. 3286; Statutes of Nevada 2011, p. 3857.

Section 10

Text of Section 10:

Governor's Message

He shall communicate by Message to the Legislature at every regular Session the condition of the State and recommend such measures as he may deem expedient[.][1]

Section 11

Text of Section 11:

Adjournment of Legislature by Governor

In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; Provided, it be not beyond the time fixed for the meeting of the next Legislature.[1]

Section 12

Text of Section 12:

Person Holding Federal Office Ineligible for Office of Governor

No person shall, while holding any office under the United States Government hold the office of Governor, except as herein expressly provided.[1]

Section 13

Text of Section 13:

Pardons, Reprieves and Commutations of Sentence; Remission of Fines and Forfeitures

The Governor shall have the power to suspend the collection of fines and forfeitures and grant reprieves for a period not exceeding sixty days dating from the time of conviction, for all offenses, except in cases of impeachment. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the Legislature should fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor by his order may direct. The Governor shall communicate to the Legislature, at the beginning of every session, every case of fine or forfeiture remitted, or reprieve, pardon, or commutation granted, stating the name of the convict, the crime of which he was convicted, the Sentence, its date, and the date of the remission, commutation, pardon or reprieve.[1]

Section 14

Text of Section 14:

Remission of Fines and Forfeitures; Commutations and Pardons; Suspension of Sentence; Probation

1. The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, except as provided in subsection 2, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.

2. Except as may be provided by law, a sentence of death or a sentence of life imprisonment without possibility of parole may not be commuted to a sentence which would allow parole.

3. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.[1]

Amendments

  • Amended in 1950 and 1982. The first amendment was proposed and passed by the 1947 legislature; agreed to and passed by the 1949 legislature; and approved and ratified by the people at the 1950 general election. See: Statutes of Nevada 1947, p. 875; Statutes of Nevada 1949, p. 684. The second amendment was proposed and passed by the 1979 legislature; agreed to and passed by the 1981 legislature; and approved and ratified by the people at the 1982 general election. See: Statutes of Nevada 1979, p. 2005; Statutes of Nevada 1981, p. 2097.

Section 15

Text of Section 15:

The Great Seal

There shall be a Seal of this State, which shall be kept by the Governor and used by him Officially, and shall be called “The Great Seal of the State of Nevada.”[1]

Section 16

Text of Section 16:

Grants and Commissions: Signatures and Seal

All grants and commissions shall be in the name and by the authority of the State of Nevada, sealed with the Great Seal of the State, signed by the Governor and counter-signed by the Secretary of State.[1]

Section 17

Text of Section 17:

Election, Term, Qualifications and Duties of Lieutenant Governor; President of Senate; President Pro-Tempore of Senate to Act as Governor in Certain Circumstances

A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor and his term of Office, and his eligibility, shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President pro-tempore of the Senate shall act as Governor until the vacancy be filled or the disability cease.[1]

Section 18

Text of Section 18:

Vacancy in Office of Governor; Duties to Devolve upon Lieutenant Governor

In case of the impeachment of the Governor, or his removal from Office, death, inability to discharge the duties of the said Office, resignation or absence from the State, the powers and duties of the Office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when the Governor shall with the consent of the Legislature be out of the State, in time of War, and at the head of any military force thereof, he shall continue Commander in Chief of the military forces of the State.[1]

Section 19

Text of Section 19:

Other State Officers: Election and Term of Office; Eligibility for Office

1. A Secretary of State, a Treasurer, a Controller, and an Attorney General, shall be elected at the same time and places, and in the same manner as the Governor. The term of office of each shall be the same as is prescribed for the Governor.

2. Any elector shall be eligible to any of these offices, but no person may be elected to any of them more than twice, or more than once if he has previously held the office by election or appointment.[1]

Amendments

  • Amended in 1954 and 1996. The first amendment was proposed and passed by the 1951 Legislature; agreed to and passed by the 1953 Legislature; and approved and ratified by the people at the 1954 General Election. See: Statutes of Nevada 1951, p. 581; Statutes of Nevada 1953, p. 715. The second amendment was proposed by initiative petition and approved and ratified by the people at the 1994 and 1996 General Elections.

Section 20

Text of Section 20:

Secretary of State: Duties

The Secretary of State shall keep a true record of the Official Acts of the Legislative and Executive Departments of the Government, and shall when required, lay the same and all matters relative thereto, before either branch of the Legislature.[1]

Section 21

Text of Section 21:

Board of State Prison Commissioners; Board of Examiners; Examination of Claims

The Governor, Secretary of State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to examine all claims against the State (except salaries or compensation of Officers fixed by law) and perform such other duties as may be prescribed by law, and no claim against the State (except salaries or compensation of Officers fixed by law) shall be passed upon by the Legislature without having been considered and acted upon by said “Board of Examiners.”[1]

Section 22

Text of Section 22:

Duties of Certain State Officers

The Secretary of State, State Treasurer, State Controller, Attorney General, and Superintendent of public instruction shall perform such other duties as may be prescribed by law.[1]

Amendments

  • Amended in 1954. Proposed and passed by the 1951 legislature; agreed to and passed by the 1953 legislature; and approved and ratified by the people at the 1954 general election. See: Statutes of Nevada 1951, p. 581; Statutes of Nevada 1953, p. 716.

See also

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