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Nevada Question 3, State Board of Pardons Commissioners Amendment (2020)
| Nevada Question 3 | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Administration of government and Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Nevada Question 3, the Nevada State Board of Pardons Commissioners Amendment, was on the ballot in Nevada as a legislatively referred constitutional amendment on November 3, 2020. It was approved.
A "yes" vote supported this ballot measure to require the State Board of Pardons Commissioners (SBPC), which is responsible for granting pardons, to meet four times per year, allow any board member to submit an issue for the board's consideration, and provide that a majority of board members is sufficient to issue a pardon. |
A "no" vote opposed this ballot measure, thus providing no constitutional requirement for how often the State Board of Pardons Commissioners (SBPC) must meet and providing that a majority of board members, including the governor, are needed to issue a pardon. |
Election results
|
Nevada Question 3 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
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782,015 | 61.18% | ||
| No | 496,287 | 38.82% | ||
Overview
What did Question 3 change about the pardons commission?
Question 3 made changes to the constitutional structure and duties of the State Board of Pardons Commissioners (SBPC). As of 2020, the SBPC had the power to remit fines and forfeitures, commute punishments, and grant pardons, except for treason; impeachments; and death sentences or life sentences without possibility of parole.[1][2][3]
As of 2020, the SBPC consisted of the governor, attorney general, and the seven justices of the Nevada Supreme Court. At the time of the election, to grant a pardon to an offender, a majority of the board must vote in favor, and the governor must be included in the majority that voted in favor. The ballot measure eliminated the requirement that the governor be included in the majority to grant a pardon.[1][2]
As of 2020, the state statute requires the SBPC to meet twice per year. The ballot measure required the SBPC to meet four times per year. The ballot measure allowed any member of the board to submit an issue for the full SBPC's consideration.[1][2]
Text of measure
Ballot question
The ballot question for Question 3 was as follows:[4]
| “ | Shall the Nevada Constitution be amended to: (1) require the State Board of Pardons Commissioners—whose members are the Governor, the justices of the Nevada Supreme Court, and the Nevada Attorney General—to meet at least quarterly; (2) authorize each member of the Board to submit matters for consideration by the Board; and (3) authorize the Board to grant pardons and make other clemency decisions by a majority vote of its members without requiring the Governor to be part of the majority of the Board that votes in favor of such decisions?
Yes [ ] No [ ][5] |
” |
Ballot summary
The ballot explanation for Question 3 was as follows:[4]
|
Constitutional changes
- See also: Article 5, Nevada Constitution
Question 3 amended Section 14 of Article 5 of the Nevada Constitution. The following underlined text was added, and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
1. The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, constitute the State Board of Pardons Commissioners.
2. The State Board of Pardons Commissioners 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 3, 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. 3. 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. 4. The State Board of Pardons Commissioners shall meet at least quarterly.
5. Any member of the State Board of Pardons Commissioners may submit matters for consideration by the State Board of Pardons Commissioners.
6. A majority of the members of the State Board of Pardons Commissioners is sufficient for any action taken by the State Board of Pardons Commissioners.
7. 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.[5]
Fiscal impact statement
The fiscal impact statement was as follows:[6]
| “ | Financial Impact—Yes
Under current law, the State Board of Pardons Commissioners, consisting of the Governor, the justices of the Nevada Supreme Court, and the Nevada Attorney General, is required to meet at least semiannually to consider requests to have a fine or forfeiture remitted, a punishment commuted, a pardon granted, or a civil right restored. Since 2001, the Board has met at least once per calendar year, with two meetings held per year in calendar years 2002, 2005, 2006, 2011, 2017, 2018, and 2019, and three meetings held per year in calendar years 2001, 2004, and 2007. The Board is scheduled to hold three meetings during calendar year 2020. The provisions of Question 3 require the Board to meet at least quarterly, which would increase the number of meetings that are held in any given calendar year from the historical pattern. The Board has indicated that, based on historical expenses, its average meeting costs the State approximately $4,250. Thus, to the extent that the Board would be required to meet more frequently if Question 3 is approved, the Board would incur additional expenses of approximately $4,250 for each additional meeting held. However, since it cannot be predicted how many additional meetings the Board may hold if Question 3 were to be approved, the resulting financial impact upon State government from those additional meetings cannot be determined with any reasonable degree of certainty. The provisions of Question 3 also allow any member of the Board, rather than just the Governor, to submit matters for consideration by the Board. The Division of Parole and Probation of the Department of Public Safety, which provides staff support to the Board, has indicated that allowing any member of the Board to submit matters for consideration, in conjunction with the increase in the number of meetings that must be held each year, will increase the workload of the Division. The Division estimates that it will require two additional staff members to provide support to the Board with managing its caseload, resulting in an approximate increase in expenditures by the State of $175,000 per fiscal year. The Department has also indicated that, based on the anticipated increase in workload resulting from the provisions of Question 3, the State Board of Parole Commissioners will require one additional administrative position, which would result in an increase of expenditures by the State of approximately $65,000 per fiscal year.[5] |
” |
Readability score
- See also: Ballot measure readability scores, 2020
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
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Support
Supporters
Officials
- Nevada State Senator James Ohrenschall (D)
- Nevada State Senator David R. Parks (D)
Former Officials
- Former Nevada state senator Mark A. Manendo (D)
- Former Nevada state senator Richard Segerblom (D)
Organizations
Arguments
Official arguments
The following arguments in support of Question 3 were included in the 2020 Nevada Voter Guide:[6]
| “ |
Requiring the State Board of Pardons Commissioners to meet at least quarterly will allow it to process its workload in a more timely and efficient manner. Currently, the Board is supposed to hold at least two meetings per year to review applications submitted by people petitioning to have a pardon granted, a sentence commuted, a fine or forfeiture remitted, or a civil right restored. However, in six out of the last ten years, the Board has only met once per year, creating a backlog of applications. An applicant who meets the qualifications should be given a chance to have his or her application reviewed by the Board in a timely manner. Existing law allows the Governor to block the approval of an application by a majority of the Board, even if every other Board member supports its approval. There is no justification for this. The point of vesting clemency power in the Board, as opposed to solely with the Governor as some other states do, is to take advantage of the collective wisdom of the Board. Of the 21 states where this power rests with an executive or administrative board, Nevada is the only state where the Governor has the power to block approval by a majority of the Board. Finally, the Board is comprised of nine elected officials who are well-qualified to make decisions regarding clemency: the seven justices of the Nevada Supreme Court, the Nevada Attorney General, and the Governor. Allowing each of these members to propose matters for the Board’s consideration makes the process more fair and just. Make the operation of the Board more timely, efficient, and fair. Vote 'yes' on Question 3.[5] |
” |
Opposition
Ballotpedia has not identified committees, organizations, or individuals opposing Question 3. If you are aware of opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Official arguments
The following arguments in opposition to Question 3 were included in the 2020 Nevada Voter Guide:[6]
| “ |
A person who was convicted of a crime and sentenced under Nevada state law may petition the State Board of Pardons Commissioners to have a pardon granted, a sentence commuted, a fine or forfeiture remitted, or a civil right restored. The Board generally holds hearings twice a year to review these applications. However, a convicted person does not have a right to the review of his or her application. Clemency is a privilege and an honor reserved for those who have demonstrated good behavior following a criminal conviction. In addition, requiring the Board to meet quarterly is inefficient because the Board may have to meet even if there is a lack of qualified applicants. The Nevada Constitution requires that the Governor must be in favor of the clemency decisions made by a majority of the Board. As the Chief Executive and the leader of our State, the Governor rightly has the power to block the Board’s decisions to grant clemency. Granting the Governor final authority over clemency decisions is not uncommon. In fact, there are 29 states without similar pardons boards, and the governors in those states have the sole power to grant clemency. Lastly, changing the Nevada Constitution to allow each Board member to propose matters for the Board’s consideration diminishes the Governor’s constitutional power and ability to act in the best interest of justice and fairness. Nevada voters should keep the current operations of the Board. Vote 'no' on Question 3.[5] |
” |
Campaign finance
There were no ballot measure committees registered in support of or in opposition to Question 3.[7]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Comparison of state pardon systems
As of 2019, 27 states employed some type of pardons board in most cases. In 10 of these states, the pardons boards made the decision of whether to grant a pardon. In 4 of these states—Florida, Minnesota, Nebraska, and Nevada—the governor was a member of the pardons board. In 10 of these states, the governor made the decision to grant a pardon but needed an affirmative recommendation from the pardons board first. In the other seven states, governors made the decision and had to consult with the pardons board, but the pardons board's recommendation was non-binding (California also required consultation with a pardons board for recidivists but not other persons). The remaining 23 states permitted the governor to grant pardons without consulting with a pardons board, although some of these states had optional non-binding processes for governors to use in making a decision. The following map illustrates the different pardons systems across the states:[8][9]
Comparison of states with governor-member boards
In four states, a pardons board, which includes the governor as a board member, is responsible for granting pardons. The following list compares the role of the governor on the board in each state:
- Nevada: A majority of the nine board members, which the governor must be a part of, is needed to grant a pardon to an offender. In other words, the governor can veto a majority's decision if the governor disagrees.[10][2][11]
- Florida: A majority of the four board members, which the governor must be a part of, is needed to grant a pardon to an offender. In other words, the governor can veto a majority's decision if the governor disagrees.[12]
- Minnesota: A unanimous agreement of the three board members is needed to grant a pardon to an offender. In other words, the governor can veto a majority's decision if the governor disagrees.[13]
- Nebraska: A majority of the three board members is needed to grant a pardon to an offender. As the governor's vote is not required, the other two members can grant a pardon without the governor's affirmation.[14]
Constitutional structure of Board of Pardons Commissioners
- See also: Nevada Question 3 (1950) and Nevada Question 4 (1982)
The structure of the Board of Pardons Commissioners is provided for in Section 14 of Article 5 of the Nevada Constitution. Section 14, which was included in the original 1864 Nevada Constitution, has been amended twice, but neither of the changes altered the structure of the Board of Pardons Commissioners.[15]
The first change, passed in 1950, did not address the Board of Pardons Commissioners but rather authorized legislation to allow district courts to fix sentences, suspend sentences, and grant probation.[16] The second change, passed in 1982, authorized legislation to prohibit the Board of Pardons Commissioners from granting parole to persons sentenced to death or life without the possibility of parole.[17]
Constitutional amendments on Nevada ballots
In Nevada, both the state legislature and ballot initiatives can propose amendments to the state constitution.
Between 1995 and 2018, the Nevada State Legislature referred 31 constitutional amendments to the ballot, while voters decided 26 citizen-initiated constitutional amendments. The legislature's proposed amendments were approved at a lower rate (48.39 percent) than citizen-initiated amendments (73.08 percent). The following chart illustrates trends in constitutional amendments on the ballot in Nevada:
| Constitutional amendments on the ballot in Nevada, 1995-2018 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Type | Total number | Approved | Percent approved | Defeated | Percent defeated | Even-year average | Even-year median | Even-year minimum | Even-year maximum | |
| Legislative | 31 | 15 | 48.4% | 16 | 51.6% | 2.6 | 2.0 | 0 | 7 | |
| Citizen | 26 | 19 | 73.1% | 7 | 26.9% | 2.2 | 2.0 | 0 | 5 | |
| Total | 57 | 34 | 59.7% | 23 | 40.3% | 4.8 | 3.5 | 1 | 12 | |
Path to the ballot
- See also: Amending the Nevada Constitution
In Nevada, a simple majority vote is required in two successive sessions of the Nevada State Legislature to place a constitutional amendment on the ballot.
2017 legislative session
Question 3 was introduced as Senate Joint Resolution 1 (SJR 1) on February 7, 2017. The Nevada State Senate approved the measure 20-0 with one member excused on March 8, 2017. The Nevada State Assembly modified the amendment to change the organization addressed in the text from the Clemency Board to the State Board of Pardons Commissioners. On May 26, 2017, the Assembly passed the revised amendment 33-8 with one member excused. As the Assembly modified the amendment, the changes were sent to the Senate for concurrence. On May 30, 2017, the Senate concurred with the Assembly's changes to the amendment.[18] Note: Information on the final Senate concurrence vote is not available.
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2019 legislative session
Both chambers of the state legislature need to pass SJR 1 during the 2019 legislative session to refer the amendment to the ballot for the election on November 3, 2020.
On March 19, 2019, the Nevada State Senate approved SJR 1 in a unanimous vote. On May 24, 2019, the Nevada State Assembly passed the measure in a vote of 37-2 with two representatives excused.[19]
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How to cast a vote
- See also: Voting in Nevada
Click "Show" to learn more about voter registration, identification requirements, and poll times in Nevada.
| How to cast a vote in Nevada | |||||
|---|---|---|---|---|---|
Poll timesAll polling places in Nevada are open from 7:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.[20][21] Registration requirements
To register to vote in Nevada, each applicant must be must a citizen of the United States, a resident of Nevada for at least 30 days before the election, and at least 18 years old by the day of the election. Seventeen-year-olds can preregister to vote. Anyone who has been declared mentally incompetent by a court may not register to vote.[22] A voter registration application can be completed in person at the county clerk’s office, the Department of Motor Vehicles, other social service agencies, or college campuses. In-person registration must be completed 28 days before regular elections; registration forms submitted by mail must be postmarked by the same day. Online applications must be submitted by the Thursday before regular elections.[23][22]
Automatic registrationNevada automatically registers eligible individuals to vote through the Department of Motor Vehicles.[24] Online registration
Nevada has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationNevada allows same-day voter registration at polling places during early voting and on election day.[22] Residency requirementsIn order to register to vote in Nevada, applicants must be a resident of the state for at least 30 days prior to the election.[22] Verification of citizenshipNevada does not require proof of citizenship for voter registration.[25] An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[26] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe Nevada Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsNevada does not require voters to present identification while voting, in most cases. A voter in Nevada must sign his or her name in the election board register at his or her polling place. The signature is compared with the signature on the voter's original application to vote or another form of identification, such as a driver's license, a state identification card, military identification, or another government-issued ID.[27] | |||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Nevada Legislature, "Senate Joint Resolution 1 (2017)," accessed June 1, 2017
- ↑ 2.0 2.1 2.2 2.3 Nevada Legislature, "Senate Joint Resolution 1 (2019)," accessed June 18, 2019
- ↑ Nevada Revised Statutes, "Chapter 213," accessed June 18, 2019
- ↑ 4.0 4.1 Nevada Secretary of State, "Nevada Question 3," accessed September 7, 2020
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 6.0 6.1 6.2 Nevada Secretary of State, "Question 3," accessed September 29, 2020
- ↑ Nevada Secretary of State, "AURORA Campaign Finance Group Search," accessed January 25, 2020
- ↑ Restoration of Rights Project, "50-State Comparison Models for Administration of the Pardon Power," accessed June 18, 2019
- ↑ Restoration of Rights Project, "50-state comparisons of relief mechanisms," accessed June 18, 2019
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedtext1 - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedcode1 - ↑ Florida Commission on Offender Review, "Clemency FAQ," accessed June 18, 2019
- ↑ Minnesota Legislative Reference Library, "Board of Pardons," accessed June 18, 2019
- ↑ State of Nebraska Board of Pardons, "FAQ," accessed June 18, 2019
- ↑ Nevada State Legislature, 1864 Nevada Constitution," accessed June 17, 2019
- ↑ Nevada State Legislature, "1949 Statutes, Pg. 684," accessed June 17, 2019
- ↑ Nevada State Legislature, "1981 Statutes, Pgs. 2097-2098," accessed June 17, 2019
- ↑ Nevada Legislature, "SJR 1 Overview (2017 session)," accessed June 1, 2017
- ↑ Nevada State Legislature, "SJR 1 Overview," accessed March 19, 2019
- ↑ Nevada Revised Statutes, "Title 24, Chapter 293, Section 273," accessed April 17, 2023
- ↑ ACLU of Nevada, "Know Your Voting Rights - Voting in Nevada," accessed April 17, 2023
- ↑ 22.0 22.1 22.2 22.3 Nevada Secretary of State, “Elections,” accessed October 3, 2024
- ↑ Nevada Secretary of State, “Registering to Vote,” accessed April 17, 2023
- ↑ Nevada Department of Motor Vehicles, “Voter Registration,” accessed April 17, 2023
- ↑ The Nevada Independent, “The Indy Explains: How does Nevada verify a voter's eligibility?” April 23, 2017
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Nevada Revised Statutes, "NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter." accessed April 17, 2023
