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Nevada Prevent Sanctuary Cities Initiative (2018)
| Nevada Prevent Sactuary Cities Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Immigration | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Nevada Prevent Sanctuary Cities Initiative did not appear ballot in Nevada as an initiated constitutional amendment on November 6, 2018.
The initiative would have prohibited the state legislature, county commissioners, and city councils from enacting, enforcing, or endorsing a law or policy that "prohibits, limits or discourages cooperation with the enforcement of the immigration laws of the United States." The initiative was designed to prevent sanctuary cities or sanctuary counties and to prevent laws that would make Nevada a sanctuary state.[1]
Text of measure
Constitutional changes
- See also: Article 15, Nevada Constitution
The measure would have added a new section to Article 15 of the Nevada Constitution. The following text would have been added:[1]
1. The Legislature shall not enact a law or otherwise adopt, enforce or endorse a policy which prohibits, limits or discourages cooperation with the enforcement of the immigration laws of the United States.
2. A board of county commissioners shall not enact an ordinance or otherwise adopt, enforce or endorse a policy which prohibits, limits or discourages cooperation with the enforcement of the immigration laws of the United States.
3. The governing body of a city shall not enact an ordinance or otherwise adopt, enforce or endorse a policy which prohibits, limits or discourages cooperation with the enforcement of the immigration laws of the United States.[2]
Support
The Prevent Sanctuary Cities committee sponsored the initiative.[3]
Nevada Senator Michael Roberson (R-20) backed the effort. Roberson served as an honorary chair of the committee.[4]
Roberson said, “During the 2017 legislative session, we saw multiple attempts to make Nevada a Sanctuary State. This dangerous legislation was opposed by local law enforcement and would have led to violent criminals being released back onto our streets instead of being removed from our country.” Roberson also mentioned statements by Democratic gubernatorial candidate Chris Giunchigliani indicating that she would sign sanctuary state legislation. Roberson said, “Without safeguards and protections in place, we are one election away from Nevada becoming a Sanctuary State."[4]
The initiative petition filing listed the Senate Republican Leadership Conference as an organization associated with the Prevent Sanctuary Cities committee.[5]
Opposition
Chris Giunchigliani, a Clark County commissioner and Democratic gubernatorial candidate, said that it is “alarming that instead of working across the aisle to keep our diverse community safe” some are making efforts to require state and local authorities to follow President Donald Trump’s immigration policies. Giunchigliani said, “Less divisiveness out there will make this a much better state."[4]
Nevada Senator Yvanna Cancela (D), who sponsored sanctuary legislation in 2017, said, “This ballot initiative is a pathetic and divisive political stunt designed to help Senator Roberson pander to Republican primary voters and stoke anti-immigrant fears in the 2018 election. No one wants dangerous criminals on our streets and suggesting otherwise is ridiculous and misleading.”[6]
Path to the ballot
To qualify this initiative for the 2018 ballot, proponents needed to collect and submit 112,543 valid signatures—10 percent of the total votes cast in the most recent general election—to county elections officials by June 19, 2018. If enough signatures had been submitted to put the initiative on the 2018 ballot and it was approved, it would have needed to be approved by voters again in 2020 to be enacted. Moreover, signature collection for initiatives in Nevada must be distributed across all four of the state's congressional districts, with signatures equal to 10 percent of votes cast the last general election collected from each district.
- Jeremy Hughes, president of the Prevent Sanctuary Cities committee, filed the initiative text, a description of the effect, and a notice of intent to circulate the initiative with the Nevada secretary of state on October 30, 2017.[1][3]
Haley v. Prevent Sanctuary Cities
| Lawsuit overview | |
| Issue: Substantive constitutionality; whether the measure violates the requirements that an initiative contains a single subject and be designed as legislative policy and that a petition describe an initiative's effects | |
| Court: Filed in First Judicial District Court; appealed to Nevada Supreme Court | |
| Ruling: Nevada Supreme Court in favor of defendants that the initiative contains a single subject, but ruled in favor of proponents that the ballot summary was misleading | |
| Plaintiff(s): Michael Haley, Theresa Navarro, Tu Casa Latina | Defendant(s): Prevent Sanctuary Cities PAC, Jeremy Hughes, and Secretary of State Barbara Cegavske |
| Plaintiff argument: (1) The definition of sanctuary cities violated the single-subject rule. (2) The petitions for the initiative did not describe the initiative's effects on finances and public safety. (3) The initiative was not designed as a legislative law, but rather an executive action. | Defendant argument: The initiative does not violate the single-subject rule and addresses just one subject—immigration law. |
Source: Nevada First Judicial District Court and Las Vegas Journal-Review
On November 21, 2017, a former sheriff, an immigration and civil rights activist, and the organization Tu Casa Latino filed litigation against the Prevent Sanctuary Cities PAC and Secretary of State Barbara Cegavske (R) in the First Judicial District Court, contending that the ballot initiative had three legal deficiencies. The plaintiffs argued that (1) the definition of sanctuary cities violated the single-subject rule; (2) the petitions for the initiative did not describe the initiative's effects on finances and public safety; and (3) the initiative was not designed as a legislative law, but rather an executive action. Plaintiffs asked that the court declare the initiative invalid. The ACLU of Nevada provided legal support to the plaintiffs.[7][8]
On January 5, 2018, Judge Todd Russell of the First Judicial District Court ruled against the ballot initiative, saying, “The court feels the problem is I think the initiative is excessively broad and encompasses a multitude of subjects.”[9][10]
Paul Georgeson, a lawyer representing the committee Prevent Sanctuary Cities, disagreed with the judge’s ruling, stating that the initiative had one subject—immigration law. State Sen. Michael Roberson (R-20), who was involved in crafting the initiative, and other proponents appealed the ruling to the Nevada Supreme Court.[9][10][11]
On May 16, 2018, the Nevada Supreme Court partially overturned the lower court's ruling. The court's ruling determined that the initiative had a single subject, stating, "And it is clear that each of the initiative’s components are ‘functionally related’ and ‘germane’ to that purpose." The state Supreme Court did agree with the lower court's determination that ballot summary was too broad, misleading, and potentially deceptive and remanded the ballot summary back to the lower court to allow proponents to rewrite it.[12]
Related articles
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Nevada Secretary of State, "Prevent Sanctuary Cities Initiative," accessed November 2, 2017
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 3.0 3.1 Nevada Secretary of State, "Notice of Intent to Circulate Initiative," accessed October 31, 2017
- ↑ 4.0 4.1 4.2 Las Vegas Review Journal, "Roberson wants Nevada amendment to ban sanctuary cities," October 30, 2017
- ↑ Nevada Secretary of State, "Prevent Sanctuary Cities Registration Form," accessed October 31, 2017
- ↑ Las Vegas Review Journal, "Nevada initiative to ban sanctuary cities would improve public safety," November 2, 2017
- ↑ Nevada First Judicial District Court, "Haley v. Prevent Sanctuary Cities," November 21, 2017
- ↑ The Nevada Independent, "ACLU sues to block proposed anti-sanctuary cities ballot measure," November 21, 2017
- ↑ 9.0 9.1 The Nevada Independent, "Judge sides with ACLU, says anti-sanctuary city proposal is unfit for statewide vote," January 5, 2018
- ↑ 10.0 10.1 Sierra Sun, "Initiative to ban sanctuary cities disqualified," January 5, 2018
- ↑ Reno Gazette Journal, "Nevada anti-sanctuary city group facing an uphill battle with court challenge and no money," February 6, 2018
- ↑ Las Vegas Review-Journal, "Nevada Supreme Court overturns part of sanctuary cities ruling," May 16, 2018
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