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Nevada Question 1, Remove Constitutional Status of Board of Regents Amendment (2020)

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Nevada Question 1
Flag of Nevada.png
Election date
November 3, 2020
Topic
Education
Status
Defeatedd Defeated
Type
Constitutional amendment
Origin
State legislature


Nevada Question 1, the Remove Constitutional Status of Board of Regents Amendment, was on the ballot in Nevada as a legislatively referred constitutional amendment on November 3, 2020. It was defeated.

A "yes" vote supported removing the constitutional status of the Board of Regents—which governs, controls, and manages the state universities in Nevada—thereby allowing the state legislature to review and change the governing organization of state universities.

A "no" vote opposed removing the constitutional status of the Board of Regents, thereby keeping the current governing organization of state universities without state legislative authority to change it.


Election results

Nevada Question 1

Result Votes Percentage
Yes 626,146 49.85%

Defeated No

630,023 50.15%
Results are officially certified.
Source


Overview

Why is the Nevada State Board of Regents in the constitution?

The Nevada Constitution establishes the Nevada State Board of Regents, which controls eight public institutions of higher education in Nevada, including the University of Nevada System.

The original Nevada Constitution included language that established "a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining." This language was included to make Nevada eligible for the federal Morrill Act. The Morrill Act provided states with federal land to sell for the purpose of financing colleges. The Nevada Constitution also required the board of regents to invest proceeds from land sales.[1]

What would Question 1 have changed about the board?

Question 1 would have repealed the constitutional provisions concerning the Nevada State Board of Regents. Removing the constitutional status of the board would have allowed the state legislature to review and change the governing organization of the Nevada System of Higher Education.[1]

Question 1 would have also required the state legislature to make laws providing for the "reasonable protection of individual academic freedom" for students, employees, and contractors of state universities to encourage the promotion of "intellectual, literary, scientific, mining, mechanical, agricultural, ethical and other educational improvements."[1]

Question 1 would have placed the State of Nevada, rather than the Nevada State Board of Regents, in charge of investing federal land grants.[1]

Text of measure

Ballot question

The ballot question for Question 1 was as follows:[2]

Shall the Nevada Constitution be amended to: (1) remove provisions governing the election and duties of the Board of Regents and its control and management of the State University and require the Legislature to provide by law for the State University’s governance, control, and management and the reasonable protection of individual academic freedom at Nevada’s public higher education institutions; and (2) revise the administration of certain federal land grant proceeds dedicated for the benefit of certain departments of the State University?

Yes [ ] No [ ] [3]

Ballot summary

The ballot explanation for Question 1 was as follows:[2]

EXPLANATION—The Nevada Constitution requires the Legislature to provide for the establishment of a State University that is controlled by an elected Board of Regents whose duties are prescribed by law. Additionally, the Nevada Constitution provides for the Board of Regents to control and manage the affairs and funds of the State University under regulations established by law. This ballot measure, also known as 'The Nevada Higher Education Reform, Accountability and Oversight Amendment,' would remove the constitutional provisions governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University and would require the Legislature to provide by law for the governance, control, and management of the State University. This ballot measure would not repeal any existing statutory provisions governing the Board of Regents, including those that provide for the election of Board members, but it would make the Board a statutory body whose structure, membership, powers, and duties are governed by those existing statutory provisions, subject to any statutory changes made through the legislative process.

The Nevada Constitution directs the Legislature to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical, and other educational improvements. This ballot measure would require the Legislature to provide by law for the reasonable protection of individual academic freedom for students, employees, and contractors of Nevada’s public higher education institutions in order to facilitate the policies of the Nevada Constitution to encourage the promotion of such educational improvements.

The Nevada Constitution provides that certain funding derived by the State of Nevada under a federal law enacted by Congress in 1862 must be invested in a separate fund and dedicated for the benefit of certain departments of the State University, and that if any amount of the separate fund is lost or misappropriated through neglect or any other reason, the State of Nevada must replace the lost or misappropriated amount so that the principal of the fund remains undiminished. This ballot measure would revise these provisions by: (1) clarifying the legal citations to the federal law, including all amendments by Congress; and (2) specifying that the funding derived under the federal law must be invested by the State of Nevada in the manner required by law.

A 'Yes' vote would amend the Nevada Constitution by: (1) removing provisions governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University and requiring the Legislature to provide by law for the governance, control, and management of the State University; (2) requiring the Legislature to provide by law for the reasonable protection of individual academic freedom at public institutions of higher education in this State; and (3) revising provisions governing the administration of certain funding derived under federal law and dedicated for the benefit of certain departments of the State University.

A 'No' vote would retain existing provisions of the Nevada Constitution governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University, would not require the Legislature to provide by law for the reasonable protection of individual academic freedom at public institutions of higher education in this State, and would not revise existing provisions governing the administration of certain funding derived under federal law and dedicated for the benefit of certain departments of the State University.

DIGEST—The Nevada Constitution requires the Legislature to provide for the establishment of a State University that is controlled by a Board of Regents whose duties are prescribed by law. (Nev. Const. Art. 11, § 4) The Nevada Constitution also requires the Legislature to provide for the election of members of the Board and provides for the Board to control and manage the affairs and funds of the State University under regulations established by law. (Nev. Const. Art. 11, §§ 7, 8)

As required by these constitutional provisions, the Legislature has enacted laws to establish the State University and to provide for the election of the members of the Board of Regents. (NRS 396.020, 396.040) In addition, the Legislature has enacted laws to: (1) establish the Nevada System of Higher Education (NSHE), which consists of the State University and certain other educational institutions, programs, and operations; and (2) provide for the Board of Regents to administer NSHE and to prescribe rules for its governance and management. (NRS 396.020, 396.110, 396.230, 396.280, 396.300, 396.420, 396.440, 396.550)

This ballot measure would remove the constitutional provisions governing the Board of Regents and would require the Legislature to provide by statute for the governance, control, and management of the State University. This ballot measure would not repeal any existing statutory provisions governing the Board of Regents, including those that provide for the election of Board members. Rather, by removing the constitutional provisions governing the Board of Regents, this ballot measure would make the Board a statutory body whose structure, membership, powers, and duties are governed by those existing statutory provisions, subject to any statutory changes made through the legislative process.

The Nevada Constitution directs the Legislature to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical, and other educational improvements. (Nev. Const. Art. 11, § 1) As a general principle in public institutions of higher education, rules that provide for the reasonable protection of individual academic freedom are intended to encourage the pursuit of knowledge and the search for academic truth and enlightenment. (Urofsky v. Gilmore, 216 F.3d 401 (4th Cir. 2000); Demers v. Austin, 746 F.3d 402 (9th Cir. 2014)) The United States Supreme Court has suggested—but has not determined—that individual academic freedom 'related to academic scholarship or classroom instruction' may be entitled to a heightened level of federal constitutional protection beyond existing free speech protections currently afforded to public employees under the First Amendment to the United States Constitution. (Garcetti v. Ceballos, 547 U.S. 410, 425 (2006)) However, because the U.S. Supreme Court has not conclusively decided this constitutional issue, neither lower courts nor legal commentators have agreed on the precise level of federal constitutional protection that should be extended to individual academic freedom. (Neal H. Hutchens et al., Essay: Faculty, the Courts, and the First Amendment, 120 Penn St. L. Rev. 1027 (2016); Mark Strasser, Pickering, Garcetti, & Academic Freedom, 83 Brook. L. Rev. 579 (2018))

This ballot measure would provide for the protection of individual academic freedom under Nevada’s state statutes by requiring the Legislature to provide by law for the reasonable protection of individual academic freedom for students, employees, and contractors of Nevada’s public higher education institutions in order to facilitate the policies of the Nevada Constitution to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical, and other educational improvements. Under the Supremacy Clause of the United States Constitution, federal constitutional law is 'the supreme Law of the Land.' (U.S. Const. Art. VI, cl. 2) Therefore, to carry out this ballot measure in a manner that is consistent with federal constitutional law, the Legislature would not be authorized to enact state statutes that provide less protection to individual academic freedom than is already afforded by federal constitutional law. However, the Legislature would be authorized to enact state statutes that provide greater protection to individual academic freedom. (Univ. & Cmty. Coll. Sys. of Nev. v. Nevadans for Sound Gov’t, 120 Nev. 712, 730-31 (2004))

Finally, under a federal law enacted by Congress in 1862, generally known as the federal Morrill Land Grant Act of 1862, each state was provided with certain federal land grants to be sold to support and maintain at least one college in the state that teaches both agriculture and mechanic arts, including military tactics, so long as the state agrees to certain terms and conditions regarding the preservation and use of the proceeds derived from the sale of the federal land grants. (Act of July 2, 1862, ch. 130, §§ 1-8, 12 Stat. 503-05, as amended and codified at 7 U.S.C. §§ 301 et seq.) To secure the benefits offered by the federal law, the Nevada Constitution provides that the funding derived by the State of Nevada under the federal law must be invested in a separate fund and dedicated for the benefit of the appropriate departments of the State University, and that if any amount of the separate fund is lost or misappropriated through neglect or any other reason, the State of Nevada must replace the lost or misappropriated amount so that the principal of the fund remains undiminished. (Nev. Const. Art. 11, § 8) This ballot measure would revise these provisions by: (1) clarifying the legal citations to the federal law, including all amendments by Congress; and (2) specifying that the funding derived under the federal law must be invested by the State of Nevada in the manner required by law. However, because the State of Nevada must administer the funding in the manner required by the federal law, this ballot measure would not change the purpose or use of the funding under the federal law. (State of Wyoming v. Irvine, 206 U.S. 278, 282-84 (1907))[3]

Constitutional changes

See also: Article 11, Nevada Constitution

Question 1 would have amended Section 4, Section 7, and Section 8 of Article 11 of the Nevada Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1] Note: Hover over the text and scroll to see the full text.

Section 4: Establishment of State University; Control by Board of Regents

1. The Legislature shall provide for the establishment of a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining, to be controlled by a Board of Regents whose duties shall be prescribed by Law. and other departments deemed appropriate for the State University.

2. The Legislature shall provide by law for:

(a) The governance, control and management of the State University.
(b) The reasonable protection of individual academic freedom for persons who are enrolled in or who are employees or contractors of the State University and other public institutions of higher education in this State in order to facilitate the policies of Section 1 of this Article to encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, ethical and other educational improvements.

Section 7: Board of Regents: Election and duties.

The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first four years and until their successors are elected and qualified constitute a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. But the Legislature shall at its regular session next preceding the expiration of the term of office of said Board of Regents provide for the election of a new Board of Regents and define their duties.

Section 8: Immediate Organization and Maintenance of State University

The Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining department in such manner as to make it most effective and useful, Provided, that all the proceeds of the public lands donated by Act of Congress approved July second AD. Eighteen hundred and sixty Two, 2, 1862, ch. 130, 12 Stat. 503, and thereafter amended by Act of Congress, for a college for the benefit of Agriculture, the Mechanics and Mechanic Arts, and including Military tactics, shall be invested by the said Board of Regents State of Nevada in the manner required by law in a separate fund to be appropriated exclusively for the benefit of the first named departments to the State University as set forth in Section Four above; 4 of this Article. And the Legislature shall provide that if through neglect or any other contingency, any portion of the fund so set apart, shall be is lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund so that the principal of said fund shall remain forever undiminished.[3]

Fiscal impact statement

The fiscal impact statement was as follows:[4]

Financial Impact—Cannot Be Determined

If approved by the voters, Question 1 removes references to an elected Board of Regents from the Nevada Constitution and instead requires the Legislature to provide by law for the governance, control, and management of higher education in this State. This ballot question also requires the Legislature to provide by law for the reasonable protection of individual academic freedom for students, employees, and contractors of Nevada’s public higher education institutions.

Future actions, if any, taken by the Legislature regarding the governance, control, and management of higher education cannot be predicted. Additionally, future actions taken by the Legislature to provide for the reasonable protection of individual academic freedom for students, employees, and contractors of Nevada’s public higher education institutions cannot be predicted. Thus, the resulting financial impact upon state government, if any, cannot be determined with any reasonable degree of certainty.

Finally, this ballot question clarifies and modernizes existing provisions of the Nevada Constitution relating to the administration of the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the federal Morrill Land Grant Act of 1862. However, because the State of Nevada must administer those proceeds in the manner required by the federal law, this ballot question will not change the purpose or use of those proceeds under the federal law. Thus, there is no anticipated financial impact upon state government from these revisions if Question 1 is approved by the voters.[3]

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.


The FKGL for the ballot title is grade level 39, and the FRE is -45. The word count for the ballot title is 79, and the estimated reading time is 21 seconds. The FKGL for the ballot summary is grade level 15, and the FRE is 27. The word count for the ballot summary is 1,462, and the estimated reading time is 6 minutes and 29 seconds.


Support

Yes on 1 logo

Nevadans for Higher Quality Education led the Yes on 1 for Higher Education campaign.[5]

Supporters

Officials

Former Officials

Unions

  • Nevada AFL-CIO

Organizations

  • Council for a Better Nevada
  • Las Vegas Asian Chamber of Commerce
  • Las Vegas Metro Chamber of Commerce
  • Latin Chamber of Commerce Nevada Inc.
  • Nevada Farm Bureau

Individuals

  • Chet Burton - Former chief financial officer of the Nevada System of Higher Education
  • Kimi Cole (D) - Chair of the Rural Nevada Democratic Caucus
  • Peter Guzman - President of the Latin Chamber of Commerce-Nevada
  • John Gwaltney (Nonpartisan) - Former college president
  • Madonna Long - Founder of Nevada Disability Coalition
  • Carol Lucey - Former college president


Arguments

  • Former Nevada State Representative Elliot Anderson (D): "Nevada has three branches of government, not four. The Board should be like every other state agency so that we are empowered to hold the Nevada System of Higher Education accountable."
  • Dr. Carol Lucey, former President of Western Nevada College (WNC): "Nevada has benefitted from being one of the fastest-growing states in the nation; however, as the former President of Western Nevada College, I have witnessed how Nevada has struggled to adapt its governance and infrastructure to best meet the needs of an expanding and diversifying Western state. YES on 1 will modernize the governance structure overseeing higher education to reflect the differing missions of our colleges and universities and the evolving needs of our students."
  • Wade Vandervort, a journalist for the Las Vegas Sun News: "The ballot question is designed to bring clarity to the limits of the regents’ authority and allow for greater oversight by lawmakers. It needs to pass, because in the past the regents and Nevada System of Higher Education (NSHE) have argued that they’re essentially a separate branch of government answerable only to themselves."
  • Nevada Assemblymember Jim Wheeler (R): "Ballot Question 1 restores accountability, transparency, and oversight to higher education by reinvigorating the original intent of the framers of the Nevada Constitution. Question 1 simply makes the Board of Regents a statutory body, subject to checks and balances—an important American principle. ... Nevada taxpayers deserve accountability, transparency, and oversight from the Board of Regents in exchange for the $1.2 billion the taxpayers give higher education. I urge you to join our large bipartisan, multi-regional, and multi-faceted coalition (including business, labor, republicans, democrats, faculty, and students) in favor of Question 1."

Official arguments

The following arguments were included in the 2020 Nevada Voter Guide:[4]

Although some other states have elected boards with constitutional status that control and manage particular institutions and programs of public higher education, Nevada is the only state in which a single elected board with constitutional status controls and manages the affairs and funds of the State’s entire system of public higher education. In past cases before the Nevada Supreme Court, the Board of Regents has asserted that its 'unique constitutional status' gives it 'virtual autonomy and thus immunity' from certain laws and policies enacted by the Legislature. (Board of Regents v. Oakley, 97 Nev. 605, 607 (1981)) Based on legislative testimony, such assertions have given some people the impression that the Board conducts itself as a fourth branch of government, and that the Board too often invokes its constitutional status as a shield against additional legislative oversight and accountability. For example, in 1999 the Legislature exercised its constitutional powers of investigation and appropriation by passing legislation that created and funded an advisory committee to study the issue of locating a four-year state college in Henderson, Nevada. The Board responded by claiming through its counsel that the legislation was unconstitutional as an 'extreme usurpation of the Board’s authority' because the advisory committee was 'created by and reports to the Legislature and not the Board of Regents.' (Opinion of General Counsel to Board of Regents Regarding Whether Assembly Bill No. 220 Infringes on Constitutional Authority

of Board (Aug. 30, 1999))

Thus, the Board has, at various times, made sweeping arguments regarding its authority and autonomy from additional legislative oversight and accountability. However, the Nevada Constitution specifies only the Legislative, Executive, and Judicial branches of state government, and the framers of the Nevada Constitution made clear their intent that the Board is not entitled to 'absolute control' over the management of the State University. (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 586 (Andrew J. Marsh off. rep. 1866)) Voting in favor of this ballot question will ensure the Legislature’s authority over the Board in all matters relating to the State University by making the Board a statutory body like other executive branch agencies, which will allow for additional legislative oversight and accountability to improve the State’s entire system of public higher education.

Further, while the Nevada Constitution requires the Legislature to provide financial support for the operation of the State University, it also directs the Board to control and manage the funds of the State University. This divide between the Legislature’s constitutional power to fund higher education and the Board’s constitutional power to direct how those funds are actually spent gives the Board a virtually unparalleled power within state government to control and manage higher education spending without the same level of legislative oversight typically applied to other executive branch agencies. For years, the Legislature has received complaints about the Board’s policies and practices, and the Board has taken actions that some believe have hindered, thwarted, or undermined the Legislature’s investigation, review, and scrutiny of the Nevada System of Higher Education (NSHE) controlled by the Board. According to news reports and legislative testimony, NSHE officials were allegedly involved in providing potentially misleading information to a legislative study of higher education funding in 2011–2012. As part of another legislative study of higher education in 2017–2018, testimony indicated NSHE’s lack of an overall compensation philosophy contributed to a faculty pay imbalance that will cost approximately $90 million to address initially and will remain as an ongoing annual financial obligation. Without additional legislative oversight of the Board’s financial management decisions in a manner that is comparable to other executive branch agencies, there is a greater potential for continued fiscal irresponsibility within NSHE, which ultimately hurts taxpayers and students by driving up the cost of higher education.

The Legislature has also received complaints that the Board has adopted policies and procedures that are not responsive to the higher education needs of the State. Since at least the 1970s, legislators have heard complaints that the Board’s policies regarding the transfer of student credits within NSHE’s own system have proved problematic because the policies make it difficult for students to move between the system’s institutions, resulting in unnecessary procedural barriers to the completion of degrees. Although the Board has claimed for years that it is committed to fixing this recurring issue—and some progress has been made—a recent NSHE audit shows that approximately 1 in 4 students still do not receive full credit and/or lose 3 or more credits under the system’s credit transfer process. If the Board’s control and management of the State University were subject to the same level of legislative oversight typically applied to other government agencies, the Legislature would have the power to change by law any of the Board’s policies and procedures that it determined were not responsive to the higher education needs of the State. With such power, the Legislature could exercise the full extent of its legislative authority to review, reform, and improve the control and management of NSHE.

Passage of this ballot question will require the Legislature to guarantee under state law the reasonable protection of individual academic freedom for students, faculty, and contractors in NSHE. Even though individual academic freedom is currently afforded some protection under federal constitutional law, numerous courts and legal commentators have observed that the true scope of the federal constitutional protection has been unclear since the U.S. Supreme Court’s 2006 decision in Garcetti v. Ceballos. By requiring the Legislature to enact state statutes that provide for the reasonable protection of individual academic freedom at NSHE, this ballot question will compel the Legislature to specify the scope of that protection under state law and also consider whether to provide greater protection to individual academic freedom than is already afforded by federal constitutional law. Because the protection of individual academic freedom is essential to the pursuit of knowledge and the search for academic truth and enlightenment, this ballot question will ensure that NSHE continues to foster experimentation, invention, and a robust exchange of ideas.

Finally, this ballot question will clarify and modernize existing provisions of the Nevada Constitution relating to the administration of the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the federal Morrill Land Grant Act of 1862. However, because the State of Nevada must administer those proceeds in the manner required by the federal law, this ballot question will not change the purpose or use of those proceeds under the federal law.

Improve our public higher education system by allowing for additional legislative oversight and accountability regarding the system, ensuring state-law protection for individual academic freedom at institutions within the system, and clarifying and modernizing existing provisions relating to the administration of the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the 1862 federal law. Vote 'yes' on Question 1.[3]

Opposition

Opponents

Individuals

  • Jason Geddes (Nonpartisan) - Member of Nevada Board of Regents
  • Trevor Hayes (Nonpartisan) - Member of Nevada Board of Regents
  • Laura Perkins (Nonpartisan) - Member of Nevada Board of Regents
  • Thomas Reilly - Chancellor of the Nevada System of Higher Education


Arguments

  • Thomas Reilly, the chancellor of the Nevada System of Higher Education: "How will that advance our graduation rates and retention rates in our research portfolio in our workforce force output? No one has been able to answer that. So if we're going to do a pretty significant change in governance, there should be a better articulation about how that's going to advance the system."
  • Laura Perkins, a member of the Nevada Board of Regents: "There’s no numbers or positive proof that the system that may or may not come out of this is better than the system that we have now."

Official arguments

The following arguments were included in the 2020 Nevada Voter Guide:[4]

In 1864, the framers of the Nevada Constitution made a deliberate choice to give constitutional status to the Board of Regents to guarantee that it had independent powers to control and manage the State University without the threat of political interference by the Legislature and Governor. The Board’s constitutional status and independent powers are not unique. In at least 21 other states, elected or appointed governing boards have been given constitutional status and independent powers to control and manage state universities and other public institutions of higher education, even if those boards do not oversee the entire state system of higher education to the same extent as Nevada’s Board of Regents.

Consistent with the intent of the framers of the Nevada Constitution, the Board has not claimed that it is entitled to 'absolute control' over the management of the State University, or that it is free from legislative oversight and accountability. (Debates & Proceedings of the Nevada State Constitutional Convention of 1864, at 586 (Andrew J. Marsh off. rep. 1866)) The Board recognizes that the Nevada Constitution provides it with specific and limited authority over the State University that is independent of the more general control of the Legislature and Governor because the framers wanted to promote and ensure the academic independence of the State University without making it the political 'football of the legislature.' (State ex rel. Mack v. Torreyson, 21 Nev. 517, 528 (1893) (Bigelow, J., concurring)) When deemed necessary in court cases and legislative inquiries, the Board has legitimately asserted its constitutional status because the Board has a duty to defend the framers’ intent to protect the State University from unwarranted intrusions by the political forces of government.

Proponents of this ballot question want voters to believe that the framers got it wrong, and that by removing the Board’s specific and limited authority from the Nevada Constitution—thereby making the Board a statutory body completely subject to the control of the political machinery of government—the Legislature will somehow improve the transparency, efficiency, and effectiveness of Nevada’s higher education system. Unfortunately, passage of Question 1 does not guarantee any of these promised benefits. Question 1 is nothing but the Legislature trying to gain more power and control, and it would only serve to add political pressures to a governance system that is serving this State well.

Under the Board’s leadership, the Nevada System of Higher Education (NSHE) has steadily improved higher education outcomes in Nevada. Recently, both the University of Nevada, Reno and the University of Nevada, Las Vegas were recognized as Very High Research Activity (R1) institutions by the prestigious Carnegie Classification of Institutions of Higher Education. For the last ten years in which data is available, while full-time equivalent student enrollment in the system increased by roughly 8 percent, the number of diplomas and certificates awarded increased by more than 40 percent. During this period, the amount of state funding for the system—when calculated in real dollars adjusted for inflation—actually decreased. Yet the Board has, through its financial management decisions, effectively navigated the consequences of a severe economic recession and successfully guided NSHE in its academic mission while also improving operational efficiencies for the benefit of Nevada’s taxpayers and adding marketable value for the system’s students. Under the existing constitutional structure, anytime the Legislature has concerns about the Board’s financial policies and practices, the Legislature already has the power to investigate, review, and scrutinize the Board’sfinancial management decisions, and the Legislature also retains the ultimate power of the purse to determine the amount of state funding that is appropriated for higher education. Consequently, the Board is already subject to considerable legislative oversight and accountability, and it must explain and justify its financial management decisions to the Legislature in a manner similar to other executive branch agencies.

The Board has governed our higher education system for over 150 years as the system has grown in size, prestige, and complexity. If this question passes, it is uncertain whether the Legislature will retain or reshape the governance of our higher education system. The sole focus of the Board is on higher education policy, and it is best equipped to govern NSHE. It does not make sense to risk losing the Board’s independence, institutional knowledge, and expertise with no assurance of what the Legislature may put in its place.

Maintaining the Board’s current status in the Nevada Constitution ensures that the Board remains elected, responsible to the voters, and responsive to constituents. The Nevada Supreme Court has recognized that the constitutional status of the Board prevents the Legislature from directly interfering with its essential management and control of the State University, and for good reason. Passage of this ballot question would allow the Legislature to change existing higher education policies and procedures and even allow the Legislature to make members of the Board appointed rather than elected. Previous attempts to change higher education governance have failed because Nevadans recognize the importance of keeping the system in the Nevada Constitution as originally drafted.

Further, requiring the Legislature to enact state statutes that provide for the reasonable protection of individual academic freedom is unnecessary and will likely cause confusion because federal constitutional law already provides such protection and the Board of Regents has already adopted policies related to individual academic freedom and responsibility at its institutions. Transferring this duty to the Legislature is not only unnecessary but also takes the definition of individual academic freedom out of the hands of academic professionals and places it with an inherently political body whose partisan nature may be hostile to the concept of professors and others speaking openly and freely about political, ideological, or controversial issues. Instead of facilitating and encouraging individual academic freedom, this insertion of partisanship into the realm of scholarship is more likely to stifle the concept of academic freedom than to protect it.

Finally, the framers of the Nevada Constitution named the Board as the proper trustee to administer the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the federal Morrill Land Grant Act of 1862. By removing the Board as the constitutionally designated trustee, this ballot question would allow the Legislature to name any other executive branch agencies or officers as a statutory trustee, whether or not they have any experience, knowledge, or understanding of the higher education system or its funding needs. Such a deviation from the intent of the framers could be a recipe for fiscal irresponsibility and mismanagement, which could potentially jeopardize the State’s compliance with the federal law.

Reject this uncertain and unnecessary change to the constitutional status of the Board of Regents; do not allow the Legislature to inject politics into the protection of individual academic freedom at institutions within NSHE; and retain the existing constitutional provisions relating to the administration of the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the 1862 federal law. Vote 'no' on Question 1.[3]

Campaign finance

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 15, 2021.


See also: Campaign finance requirements for Nevada ballot measures

Ballotpedia identified two committees—Nevadans for Higher Quality Education and Yes on 1—registered in support of Question 1. The committees reported nearly $1.4 million in contributions.[6]


Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $1,357,000.00 $0.00 $1,357,000.00 $1,357,668.80 $1,357,668.80
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $1,357,000.00 $0.00 $912,000.00 $1,357,668.80 $1,357,668.80

Support

The following table includes contribution and expenditure totals for the committees in support of Question 1:[6]

Committees in support of Question 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Nevadans for Higher Quality Education $912,000.00 $0.00 $912,000.00 $912,668.80 $912,668.80
Yes on 1 $445,000.00 $0.00 $445,000.00 $445,000.00 $445,000.00
Total $1,357,000.00 $0.00 $1,357,000.00 $1,357,668.80 $1,357,668.80

Top donors

The following chart lists the top donors to the campaigns in support of Question 1:[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Council for a Better Nevada $479,000.00 $0.00 $479,000.00
Engelstad Foundtion $415,000.00 $0.00 $415,000.00
Las Vegas Chamber of Commerce $192,500.00 $0.00 $192,500.00
Cloobeck Companies, LLC $100,000.00 $0.00 $100,000.00
Agassi Foundation for Education $25,000.00 $0.00 $25,000.00
GTL GP, LLC $25,000.00 $0.00 $25,000.00

Opposition

Ballotpedia did not identify a campaign organized in opposition to Question 1.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Support

  • Las Vegas Sun: "The constitutional language, written in the 19th century to make Nevada eligible for federal land grants to establish a state university, has created ambiguity over the powers of NSHE and the regents. In legal disputes over the years, NSHE attorneys have argued that the system was an independent branch of government, beyond the oversight of the executive, legislative and judicial branches. That’s not true, but the ambiguity needs to be cleared up by getting the regents out of the constitution."[7]

Opposition

Ballotpedia did not locate media editorial boards opposing Question 1. If you are aware of an editorial, please email the article to editor@ballotpedia.org.

Background

Structure of Nevada State Board of Regents

See also: Nevada State Board of Regents

As of November 2020, the Nevada State Board of Regents was composed of 13 voting members elected to six-year terms in by-district elections. Designated members are elected every two years at the general election.[8]



Office Name Party
Nevada Board of Regents District 1 Carlos Fernandez Nonpartisan
Nevada Board of Regents District 2 Jennifer J. McGrath Nonpartisan
Nevada Board of Regents District 3 Byron Brooks Nonpartisan
Nevada Board of Regents District 4 Aaron Bautista Nonpartisan
Nevada Board of Regents District 5 Patrick Boylan Nonpartisan
Nevada Board of Regents District 6 Heather Brown Nonpartisan
Nevada Board of Regents District 7 Susan Brager Nonpartisan
Nevada Board of Regents District 8 Peter Goicoechea Nonpartisan
Nevada Board of Regents District 9 Carol Del Carlo Nonpartisan
Nevada Board of Regents District 10 Joseph Arrascada Nonpartisan
Nevada Board of Regents District 11 Jeffrey Downs Nonpartisan
Nevada Board of Regents District 12 Amy Carvalho Nonpartisan
Nevada Board of Regents District 13 Stephanie Goodman Nonpartisan


The Nevada State Board of Regents oversees eight public institutions of higher education:

  • College of Southern Nevada
  • Desert Research Institute
  • Great Basin College
  • Nevada State College
  • Truckee Meadows Community College
  • University of Nevada, Las Vegas
  • University of Nevada, Reno
  • Western Nevada College

Referred amendments on the ballot

From 1996 through 2018, the state legislature referred 31 constitutional amendments to the ballot. Voters approved 15 and rejected 16 of the referred amendments. All of the amendments were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot was between two and three. The approval rate of referred amendments at the ballot box was 48.4 percent during the 22-year period from 1996 through 2018. The rejection rate was 51.6 percent. The following table contains data for referred amendments during even-numbered election years from 1996 through 2018:

Legislatively-referred constitutional amendments, 1996-2018
Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
31 15 48.39% 16 51.61% 2.58 2.00 0 7

Path to the ballot

See also: Amending the Nevada Constitution

In Nevada, a majority vote is required in two successive sessions of the Nevada State Legislature to place an amendment on the ballot.

2017 legislative session

Question 1 was introduced as Assembly Joint Resolution 5 (AJR 5) on February 13, 2017. The Nevada Assembly approved the measure 38 to 4 on April 25, 2017. The Nevada Senate modified the amendment to include the provision requiring the legislature to provide laws for the "reasonable protection of individual academic freedom." On May 25, 2017, the Senate passed the revised amendment 18 to 2 with one senator excused. As the Senate modified the amendment, the changes were sent to the Assembly for concurrence. On May 29, 2017, the Assembly concurred with the Senate's changes to the amendment.[9]

Vote in the Nevada State Assembly
April 25, 2017
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 22  Approveda
YesNoNot voting
Total3840
Total percent90.48%9.52%0.00%
Democrat2520
Republican1320

Vote in the Nevada State Senate
May 25, 2017
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 11  Approveda
YesNoNot voting
Total1821
Total percent85.71%9.53%4.76%
Democrat1100
Republican621
Independent100

2019 legislative session

Both chambers of the state legislature needed to pass AJR 5 during the 2019 legislative session to refer the amendment to the ballot for the election on November 3, 2020.

On March 11, 2019, the Nevada State Assembly approved AJR 5, with 36 members supporting the amendment, five members opposing the amendment, and one member not voting. On March 21, 2019, the Nevada State Senate passed the amendment in a unanimous vote, with one member not voting.[10]

Vote in the Nevada State Assembly
March 11, 2019
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 22  Approveda
YesNoNot voting
Total3651
Total percent85.7%11.9%2.4%
Democrat2900
Republican751

Vote in the Nevada State Senate
March 21, 2019
Requirement: SImple majority vote of all members in each chamber in two sessions
Number of yes votes required: 11  Approveda
YesNoNot voting
Total2001
Total percent95.2%0.0%4.8%
Democrat1201
Republican800

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.

See also

External links

Support

Opposition

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Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 Nevada Legislature, "Assembly Joint Resolution 5," accessed June 1, 2017
  2. 2.0 2.1 Nevada Secretary of State, "Nevada Question 1," accessed September 7, 2020
  3. 3.0 3.1 3.2 3.3 3.4 3.5 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
  4. 4.0 4.1 4.2 Nevada Secretary of State, "Question 1," accessed September 29, 2020
  5. The Nevada Independent, "Proponents of removing Board of Regents from Constitution launch formal ‘Yes on 1’ campaign, June 16, 2020
  6. 6.0 6.1 6.2 Nevada Secretary of State, "Nevadans for Higher Quality Education" accessed January 25, 2020
  7. Las Vegas Sun, "Writing its regents out of constitution can right the state’s ship on education," March 10, 2019
  8. Nevada State Legislature, "Chapter 396, NRS 396.040: Number of Regents; election from certain districts; residency requirements," accessed September 19, 2018
  9. Nevada Legislature, "AJR 5 Overview," accessed June 1, 2017
  10. Nevada State Legislature, "AJR 5 (2019) History," accessed March 12, 2019
  11. Nevada Revised Statutes, "Title 24, Chapter 293, Section 273," accessed April 17, 2023
  12. ACLU of Nevada, "Know Your Voting Rights - Voting in Nevada," accessed April 17, 2023
  13. 13.0 13.1 13.2 13.3 Nevada Secretary of State, “Elections,” accessed October 3, 2024
  14. Nevada Secretary of State, “Registering to Vote,” accessed April 17, 2023
  15. Nevada Department of Motor Vehicles, “Voter Registration,” accessed April 17, 2023
  16. The Nevada Independent, “The Indy Explains: How does Nevada verify a voter's eligibility?” April 23, 2017
  17. 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."
  18. Nevada Revised Statutes, "NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter." accessed April 17, 2023