Article 2, Nevada Constitution

From Ballotpedia
Revision as of 15:36, 29 July 2009 by Jlhaas (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search
Nevada Constitution
Flag of Nevada.png
Articles
Preliminary ActionOrdinancePreamble1234567891011121314151617XVIII19Election Ordinance
Article 1 of the Nevada Constitution is entitled Declaration of Rights and consists of 22 sections.

Section 1

Text of Section 1:

Right to Vote; Qualifications of Elector; Qualifications of Nonelector to Vote for President and Vice President of United States

[Effective through November 22, 2010, and after that date unless the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.

[Amended in 1880, 1886, 1914, 1970 and 1971. The first amendment was proposed and passed by the 1877 Legislature; agreed to and passed by the 1879 Legislature; and approved and ratified by the people at the 1880 General Election. See: Statutes of Nevada 1877, p. 213; Statutes of Nevada 1879, p. 149. The second amendment was approved and ratified by the people at the 1886 General Election, but no entry of the proposed amendment had been made upon the journal of either house of the Legislature, and such omission was fatal to the adoption of the amendment. See: State ex rel. Stevenson v. Tufly, 19 Nev. 391 (1887). The third amendment was proposed and passed by the 1911 Legislature; agreed to and passed by the 1913 Legislature; and approved and ratified by the people at the 1914 General Election. See: Statutes of Nevada 1911, p. 457; Statutes of Nevada 1913, p. 581. The fourth amendment was 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. 1827; Statutes of Nevada 1969, p. 1657. The fifth amendment was proposed and passed by the 1969 Legislature; agreed to and passed by the 1971 Legislature; and approved and ratified by the people at a special election held on June 8, 1971. See: Statutes of Nevada 1969, p. 1685; Statutes of Nevada 1971, p. 2263. The sixth amendment was proposed and passed by the 2001 Legislature; agreed to and passed by the 2003 Legislature; and approved and ratified by the people at the 2004 General Election. See: Statutes of Nevada 2001, p. 3469; Statutes of Nevada 2003, p. 3726.]

Section 1

Text of Section 1:

Right to Vote; Qualifications of Elector; Qualifications of Nonelector to Vote for President and Vice President of United States

[Effective November 23, 2010, if the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] All citizens of the United States (not laboring under the disabilities named in this Constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the State and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The Legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this State for President and Vice President of the United States.

[Amended in 1880, 1886, 1914, 1970 and 1971. The first amendment was proposed and passed by the 1877 Legislature; agreed to and passed by the 1879 Legislature; and approved and ratified by the people at the 1880 General Election. See: Statutes of Nevada 1877, p. 213; Statutes of Nevada 1879, p. 149. The second amendment was approved and ratified by the people at the 1886 General Election, but no entry of the proposed amendment had been made upon the journal of either house of the Legislature, and such omission was fatal to the adoption of the amendment. See: State ex rel. Stevenson v. Tufly, 19 Nev. 391 (1887). The third amendment was proposed and passed by the 1911 Legislature; agreed to and passed by the 1913 Legislature; and approved and ratified by the people at the 1914 General Election. See: Statutes of Nevada 1911, p. 457; Statutes of Nevada 1913, p. 581. The fourth amendment was 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. 1827; Statutes of Nevada 1969, p. 1657. The fifth amendment was proposed and passed by the 1969 Legislature; agreed to and passed by the 1971 Legislature; and approved and ratified by the people at a special election held on June 8, 1971. See: Statutes of Nevada 1969, p. 1685; Statutes of Nevada 1971, p. 2263. The sixth amendment was proposed and passed by the 2001 Legislature; agreed to and passed by the 2003 Legislature; and approved and ratified by the people at the 2004 General Election. See: Statutes of Nevada 2001, p. 3469; Statutes of Nevada 2003, p. 3726.]—(Proposed amendment passed by the 2007 Legislature; effective November 23, 2010, if agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election. See Statutes of Nevada 2007, p. 3610.)

Section 2

Text of Section 2:

When Residence Not Gained or Lost

For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any institution of learning; nor while kept at any charitable institution or medical facility at public expense; nor while confined in any public prison.

[Amended in 1972. Proposed and passed by the 1969 legislature; agreed to and passed by the 1971 legislature; approved and ratified by the people at the 1972 general election. See: Statutes of Nevada 1969, p. 1695; Statutes of Nevada 1971, p. 2240.]

Section 3

Text of Section 3:

Armed Forces Personnel

[Amended in 1956. Proposed and passed by the 1953 legislature; agreed to and passed by the 1955 legislature; approved and ratified by the people at the 1956 general election. See: Statutes of Nevada 1953, p. 732; Statutes of Nevada 1955, p. 952. Repealed in 1972. Repealer proposed and passed by the 1969 legislature; agreed to and passed by the 1971 legislature; approved and ratified by the people at the 1972 general election. See: Statutes of Nevada 1969, p. 1695; Statutes of Nevada 1971, p. 2240. The section as amended in 1956 and repealed in 1972 read: “The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their entry into such service; and provided further, that the payment of a poll tax shall not be required as a condition to the right of voting. Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.”]

Section 4

Text of Section 4:

Privilege of Qualified Electors on General Election Day

During the day on which any General Election shall be held in this State no qualified elector shall be arrested by virtue of any civil process.

Section 5

Text of Section 5:

Voting by Ballot; Voting in Elections by Legislature

All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof shall be “Viva-Voce”.

Section 6

Text of Section 6:

Registration of Electors; Test of Electoral Qualifications

Provision shall be made by law for the registration of the names of the Electors within the counties of which they may be residents and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths, as may be deemed necessary, as a test of electoral qualification.

Section 7

Text of Section 7:

Poll Tax: Levy and Purpose

[Amended in 1910. Proposed and passed by the 1907 legislature; agreed to and passed by the 1909 legislature; approved and ratified by the people at the 1910 general election. See: Statutes of Nevada 1907, p. 450; Statutes of Nevada 1909, p. 344. Repealed in 1966. Repealer proposed and passed by the 1963 legislature; agreed to and passed by the 1965 legislature; approved and ratified by the people at the 1966 general election. See: Statutes of Nevada 1963, p. 1421; Statutes of Nevada 1965, p. 1495. The section as amended in 1910 and repealed in 1966 read: “The Legislature shall provide by law for the payment of an annual poll tax of not less than two, nor exceeding four, dollars from each male resident in the State between the ages of twenty-one and sixty years (uncivilized American Indians excepted) to be expended for the maintenance and betterment of the public roads.”]

Section 8

Text of Section 8:

Qualifications of Voters on Adoption or Rejection of Constitution

All persons qualified by law to vote for representatives to the General Assembly of the Territory of Nevada, on the twenty first day of March A.D. Eighteen hundred and sixty four and all other persons who may be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution.

Section 9

Text of Section 9:

Recall of Public Officers: Procedure and Limitations

Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. For this purpose, not less than twenty-five percent (25%) of the number who actually voted in the state or in the county, district, or municipality which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people. They shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within thirty (30) days after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator or assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law.

[Added in 1912, amended in 1970 and 1996. The addition was proposed and passed by the 1909 legislature; agreed to and passed by the 1911 legislature; and approved and ratified by the people at the 1912 general election. See: Statutes of Nevada 1909, p. 345; Statutes of Nevada 1911, p. 448. The first amendment was 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. 1782; Statutes of Nevada 1969, p. 1663. The second amendment was proposed and passed by the 1993 legislature; agreed to and passed by the 1995 legislature; and approved and ratified by the people at the 1996 general election. See: Statutes of Nevada 1993, p. 3135; Statutes of Nevada 1995, p. 2887.]

Section 10

Text of Section 10:

Limitation on Contributions to Campaign

1. As used in this Section, “contribution” includes the value of services provided in kind for which money would otherwise be paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid campaign paraphernalia printed or otherwise produced, and the use of paid personnel to assist in a campaign.

2. The Legislature shall provide by law for the limitation of the total contribution by any natural or artificial person to the campaign of any person for election to any office, except a federal office, to $5,000 for the primary and $5,000 for the general election, and to the approval or rejection of any question by the registered voters to $5,000, whether the office sought or the question submitted is local or for the State as a whole. The Legislature shall further provide for the punishment of the contributor, the candidate, and any other knowing party to a violation of the limit, as a felony.

[Added in 1996. Proposed by initiative petition and approved and ratified by the people at the 1994 and 1996 General Elections.]

External Links

Nevada Constitution

Navigation