Nevada Two-Thirds Vote for Revenue Increasing Measures Amendment (2018)
| Nevada Two-Thirds Vote for Revenue Increasing Measures Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Direct democracy measures and Supermajority requirements | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Nevada Two-Thirds Vote for Revenue Increasing Measures Amendment was not on the ballot in Nevada as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have required a two-thirds popular vote to approve ballot measures, whether initiatives or legislative referrals, that increase an existing or generate a new tax, fee, assessment, rate, or other form of state revenue. The measure would have also required a two-thirds vote in the state legislature to approve indirect initiated state statutes that increase or generate revenue.[1]
As of 2017, all initiatives needed a simple majority vote to pass.
The proposal was approved in the legislature as Assembly Joint Resolution 8 in 2015. The amendment needed to be approved one more time in each legislative chamber during the 2017 legislative session to appear on the ballot. However, neither chamber acted on the amendment before the deadline to do so passed.[2]
Text of measure
Constitutional changes
- See also: Article 4, Nevada Constitution
The proposed amendment would have amended Section 18 of Article 4 and Section 2 of Article 19 add a Section 7 to Article 19 of the Nevada Constitution. The following struck-through text would have been deleted and the underlined text would have been added:[1]
Note: Hover over the text and scroll to see the full text.
1. Every bill, except a bill placed on a consent calendar adopted as provided in subsection 4, must be read by sections on three several days, in each House, unless in case of emergency, two thirds of the House where such bill is pending shall deem it expedient to dispense with this rule. The reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays to be entered on the journals of each House. Except as otherwise provided in subsection 2, a majority of all the members elected to each House is necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed, shall be signed by the presiding officers of the respective Houses and by the Secretary of the Senate and Clerk of the Assembly.
2. Except as otherwise provided in subsection 3, an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.
3. A majority of all of the members elected to each House may refer any measure which creates, generates, or increases any revenue in any form to the people of the State at the next general election , and, except as otherwise provided in Section 7 of Article 19, the measure shall become effective and enforced only if it has been approved by a majority of the votes cast on the measure at such election.
4. Each House may provide by rule for the creation of a consent calendar and establish the procedure for the passage of uncontested bills.
...
Article 19. Section 7.
Notwithstanding any other provision of this Constitution, if an initiative petition proposes a statute, an amendment to a statute, the repeal of a statute or an amendment to the Constitution and the initiative, if approved, would create, generate or increase any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates, an affirmative vote of not less than two-thirds of the voters voting on the question is necessary to approve the petition at each election required for the petition. If more than one-third of the voters voting on the question at any such election votes disapproval of the petition, no further action may be taken on the petition.
...
Article 19. Section 2.
1. Notwithstanding the provisions of Section 1 of Article 4 of this Constitution, but subject to the limitations of Section Sections 6 and 7 of this Article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this Constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by Section 3 of this Article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the State, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire State at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than January 1 of the year preceding the year in which a regular session of the Legislature is held. After its circulation, it shall be filed with the Secretary of State not less than 30 days prior to any regular session of the Legislature. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the Legislature without change or amendment within 40 days. The petition shall be subject to the provisions of Section 18 of Article 4 if the petition creates, generates or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. If the statute or amendment to a statute is rejected by the Legislature, or if no action is taken thereon within 40 days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If Except as otherwise provided in Section 7 of this Article, if a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the Supreme Court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the Legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the Legislature rejects such proposed statute or amendment, the Governor may recommend to the Legislature and the Legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the Governor, the question of approval or disapproval of each measure shall be submitted by the Secretary of State to a vote of the voters at the next succeeding general election. If Except as otherwise provided in Section 7 of this Article, if the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law. If at the session of the Legislature to which an initiative petition proposing an amendment to a statute is presented which the Legislature rejects or upon which it takes no action, the Legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the Secretary of State in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the Legislature.
4. If the initiative petition proposes an amendment to the Constitution, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the Secretary of State not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The circulation of the petition shall cease on the day the petition is filed with the Secretary of State or such other date as may be prescribed for the verification of the number of signatures affixed to the petition, whichever is earliest. The Secretary of State shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the State, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If Except as otherwise provided in Section 7 of this Article, if a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If Except as otherwise provided in Section 7 of this Article, if a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.
5. If two or more measures which affect the same section of a statute or of the Constitution are finally approved pursuant to this Section , and Section 7 of this Article, or an amendment to the Constitution is finally so approved and an amendment proposed by the Legislature is ratified which affect the same section, by the voters at the same election:
- (a) If all can be given effect without contradiction in substance, each shall be given effect.
- (b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
6. If, at the same election as the first approval of a constitutional amendment pursuant to this Section, another amendment is finally approved pursuant to this Section, or an amendment proposed by the Legislature is ratified, which affects the same section of the Constitution but is compatible with the amendment given first approval, the Secretary of State shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the Secretary of State shall not submit the amendment given first approval to the voters again.[3]
Support
Supporters
Officials
The following legislators sponsored the amendment in the state legislature:[4]
- Rep. Jill Dickman (R-31)
- Rep. Jim Wheeler (R-39)
- Rep. Derek Armstrong (R-21)
- Rep. Brent Jones (R-35)
- Rep. Michele Fiore (R-4)
- Rep. Paul Anderson (R-13)
- Rep. Chris Edwards (R-19)
- Rep. John Ellison (R-33)
- Rep. David M. Gardner (R-9)
- Rep. Philip O’Neill (R-40)
- Rep. James Oscarson (R-36)
- Rep. Victoria Seaman (R-34)
- Rep. Shelly Shelton (R-10)
- Rep. Stephen Silberkraus (R-29)
- Rep. Robin Titus (R-38)
- Rep. Glenn Trowbridge (R-37)
- Sen. Don Gustavson (R-14)
- Sen. Pete Goicoechea (R-19)
Parties
- Nevada Republican Party[5]
Arguments
Rep. Jill Dickman (R-31), one of the amendment's legislative sponsors, said:[5]
| “ | The Legislature has to live with a requirement of a supermajority when it comes to revenue increases. Votes of the people should also be required to meet the same standard, otherwise special interest groups can circumvent the intent of the constitutional amendment adopted 20 years ago. The effect of this proposal is to tell tax advocates to make the argument and convince the voters that more revenue is needed. ...
The ballot initiative process in most cases is being taken over by special interest groups. Tons of money is being dumped into these ballot initiatives to influence people. I think these groups should have the same restrictions that we have to raise taxes.[3] |
” |
Opposition
Opponents
Organizations
- Progressive Leadership Alliance of Nevada[5]
- Nevada Women's Lobby
- America Votes
Unions
- Nevada State AFL-CIO[5]
- Nevada State Education Association[6]
- Service Employees International Union Nevada, Local 1107
- Culinary Workers Union Local 226
Arguments
Stacey Shinn, Jan Gilbert Social Justice Fellow at the Progressive Leadership Alliance of Nevada, stated:[5]
| “ | Ballot initiatives are a democratic tool available for the people and used infrequently. They have a place in participatory democracy and spark democratic conversation. There is no doubt that even failed initiatives change Nevada's discussion about relevant societal issues and contribute to policy changes. We are not asking for the initiative process to be made simpler or easier; in fact, the recent requirement to collect signatures by congressional districts makes the process even more difficult. Structurally the two-thirds requirement creates disadvantages for popular grassroots movements that do not have resources like the money interests to run high profile campaigns.[3] | ” |
Brian Reeder, Government Affairs Coordinator at the Nevada Chapter of the Associated General Contractors of America, listed three criticisms of the amendment:[6]
| “ | One is the cost. It is already extremely expensive to go to the ballot. You have to gather signatures and run a campaign that can cost millions of dollars. Requiring a two-thirds majority will drive up that cost even more.
Two, it could disenfranchise voters. Even popular initiatives struggle to gain a two-thirds vote. The increased cost plus the challenge of getting the two-thirds vote will discourage the use of ballot initiatives altogether. That means voters will not get a say in some of the things that matter most to them. Finally, we agree that it puts more power in the minority of voters. Some important ballot measures to raise revenue in recent years that passed yielded positive results. … If this passes, we will never really raise revenue with the ballot again, the option will be off the table. Generating revenue for government services is a basic function of government.[3] |
” |
Other arguments against the amendment included:
- Andrew Zaninovich, representing America Votes before the Assembly Legislative Operations and Elections Committee, said, "This would require a two-thirds majority vote on ballot initiatives, which would allow a tyranny of the minority to determine those initiatives."[5]
Background
- See also: Nevada Question 11 (1994) and Nevada Question 11 (1996)
As of 2017, a two-thirds vote was required in the state legislature to pass legislation increasing an existing or generating a new tax, fee, assessment, rate or other public revenue. This requirement came into effect following the passage of an initiated constitutional amendment in 1994 and 1996. The initiative did, however, allow the legislature to refer a revenue-generating measure to the ballot with a simple majority vote. In 1994, 78.12 percent of voters approved the two-thirds vote requirement. In 1996, 70.52 approved the amendment. The following two paragraphs were added to Section 18 of Article 4 of the Nevada Constitution:
| Text of Section 18:
Reading of Bill; Voting on Final Passage; Number of Members Necessary to Pass Bill or Joint Resolution; Signatures; Referral of Certain Measures to Voters; Consent Calendar 2. Except as otherwise provided in subsection 3, an affirmative vote of not fewer than two-thirds of the members elected to each House is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates. 3. A majority of all of the members elected to each House may refer any measure which creates, generates, or increases any revenue in any form to the people of the State at the next general election, and shall become effective and enforced only if it has been approved by a majority of the votes cast on the measure at such election. |
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.
2015 legislative session
The proposed amendment was introduced as Assembly Joint Resolution 8. On April 16, 2015, the Nevada State Assembly approved AJR 8 along party lines, with 23 Republican representatives voting "yea" and 17 Democrats voting "nay." The Nevada Senate approved AJR 8 on May 22, 2015, also along party lines, with 11 Republican senators voting "yea" and 9 Democrats voting "nay." On May 29, 2016, the first approval of AJR 8 was enrolled with the Nevada Secretary of State.[4]
House vote
April 16, 2015
| Nevada AJR 8 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 23 | 57.50% | ||
| No | 17 | 42.50% | ||
Senate vote
May 29, 2016
| Nevada AJR 8 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 11 | 55.00% | ||
| No | 9 | 45.00% | ||
2017 legislative session
Assembly Joint Resolution 8 (AJR 8) received no action in the legislature during the 2017 legislative session. On April 14, 2017, the deadline passed for bills to be out of committee in at least one chamber of the legislature.[2]
AJR 8 was sponsored by Republican members of the Assembly and Senate. Both chambers of the legislature were controlled by Republicans in 2015. Democrats took control of the Assembly and Senate in 2017, following their state legislative wins in the 2016 election.
See also
External links
Footnotes
- ↑ 1.0 1.1 Nevada Legislature, "Assembly Joint Resolution No. 8," accessed October 15, 2016
- ↑ 2.0 2.1 Nevada Legislature, "AJR 8 Overview (2017)," accessed May 3, 2017
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from 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 - ↑ 4.0 4.1 Nevada Legislature, "Assembly Joint Resolution 8 History," accessed October 15, 2016
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Nevada Legislature, "Assembly Committee on Legislative Operations and Elections," April 2, 2016
- ↑ 6.0 6.1 Nevada Legislature, "Senate Committee on Legislative Operations and Elections," May 6, 2015
 |
State of Nevada Carson City (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
