ARTICLE 19. - Initiative and
Nev. Const.
Section A
THE CONGRESSIONAL TERM LIMITS ACT OF 1996. THIS AMENDMENT TO THE CONSTITUTION OF NEVADA INFORMS CITIZENS ON THE VOTING RECORD OF INCUMBENT STATE AND FEDERAL LEGISLATORS AND ON A FEDERAL CONSTITUTIONAL AMENDMENT LIMITING THE MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES TO THREE TERMS AND MEMBERS OF THE UNITED STATES SENATE TO TWO TERMS. THIS AMENDMENT ALSO INFORMS THE VOTERS ABOUT THE POSITION OF NON-INCUMBENT CANDIDATES TOWARD THE SAME CONGRESSIONAL TERM LIMITS. THIS AMENDMENT INSTRUCTS STATE LEGISLATORS TO APPLY TO THE CONGRESS TO CONVENE AN ARTICLE 5 CONVENTION UPON THE APPLICATIONS OF TWO-THIRDS OF THE STATES (34) FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO LIMIT CONGRESSIONAL TERMS TO THREE TERMS IN THE UNITED STATES HOUSE OF REPRESENTATIVES AND TWO TERMS IN THE UNITED STATES SENATE. THIS AMENDMENT INSTRUCTS MEMBERS OF CONGRESS FROM NEVADA TO WORK TO PROPOSE A CONGRESSIONAL TERM LIMITS AMENDMENT TO THE CONSTITUTION. A TERM LIMITS AMENDMENT PROPOSED EITHER BY CONGRESS OR BY AN ARTICLE 5 CONVENTION WOULD BECOME PART OF THE UNITED STATES CONSTITUTION UPON RATIFICATION BY THREE-FOURTHS OF THE STATES (38).
Section B
The People of the State of Nevada want to amend the United States Constitution to establish Term Limits on Congress that will ensure representation in Congress by true citizen lawmakers. The President of the United States is limited by the XXII Amendment to two terms in office. Governors in forty (40) states are limited to two terms or less. Voters have established term limits for over 2,000 state legislators as well as over 17,000 local officials across the country. Nevada voters have supported such limits. Nevertheless Congress has ignored our desire for Term Limits not only by proposing excessively long terms for its own members but also by utterly refusing to pass an amendment for genuine Congressional term limits. Congress has a clear conflict of interest in proposing a term limits amendment to the United States Constitution. A majority of both Republicans and Democrats in the 104th Congress voted against a constitutional amendment containing the term limits passed by a wide margin of Nevada voters. The People, not Congress, should set Term Limits. We hereby establish as the official position of the Citizens and State of Nevada that our elected officials should enact by Constitutional Amendment congressional Term Limits of three (3) terms in the United States House of Representatives, and of two (2) terms in the United States Senate. The career politicians dominating Congress have a conflict of interest that prevents Congress from being what the Founders intended, the branch of government closest to the people. The politicians have refused to heed the will of the people for term limits; they have voted to dramatically raise their own pay; they have provided lavish million dollar pensions for themselves; and they have granted themselves numerous other privileges at the expense of the people. Most importantly, members of Congress have enriched themselves while running up huge deficits to support their spending. They have put the government nearly $5,000,000,000,000.00 (five trillion dollars) in debt, gravely threatening the future of our children and grandchildren. The corruption and appearance of corruption brought about by political careerism is destructive to the proper functioning of the first branch of our representative government. Congress has grown increasingly distant from the People of the States. The People have the sovereign right and a compelling interest in creating a citizen Congress that will more effective protect our freedom and prosperity. This interest and right may not effectively be served in any way other than that proposed by this initiative. We hereby state our intentions on behalf of the People of Nevada, that this Amendment lead to the adoption of the following Constitutional Amendment: CONGRESSIONAL TERM LIMITS AMENDMENT Section 1. No person shall serve in the office of the United States Representative for more than three terms, but upon ratification of this amendment no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms. Section 2. No person shall serve in the office of United States Senator for more than two terms, but upon ratification of this amendment no person who has held the office of United States Senator or who then holds the office shall serve for more than one additional term. Section 3. This article shall have no time limit within which it must be ratified by the legislatures of three-fourths of the several States. Therefore, We, the People of the State of Nevada, have chosen to amend the state constitution to inform voters regarding incumbent and non-incumbent federal and state legislative candidates’ support for the above proposed CONGRESSIONAL TERM LIMITS AMENDMENT.
Section C
TERM LIMITS FOR MEMBERS OF CONGRESS 1. We, the Voters of Nevada, hereby instruct each member of our congressional delegation to use all of his or her delegated powers to pass the Congressional Term Limits Amendment set forth above. 2. All primary and general election ballots shall have printed the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” adjacent to the name of any United States Senator or Representative who: a. fails to vote in favor of the proposed Congressional Term Limits Amendment set forth above when brought to a vote or; b. fails to second the proposed Congressional Term Limits Amendment set forth above if it lacks for a second before any proceeding of the legislative body or; c. fails to propose or otherwise bring to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above or; d. fails to vote in favor of all votes bringing the proposed Congressional Term Limits Amendment set forth above before any committee or subcommittee of the respective house upon which he or she serves or; e. fails to reject any attempt to delay, table or otherwise prevent a vote by the full legislative body of the proposed Congressional Term Limits Amendment set forth above or; f. fails to vote against any proposed constitutional amendment that would establish longer term limits than those in the proposed Congressional Term Limits Amendment set forth above regardless of any other actions in support of the proposed Congressional Term Limits Amendment set forth above or; g. sponsors or cosponsors any proposed constitutional amendment or law that would establish longer term limits than those in the proposed Congressional Term Limits Amendment set forth above, or; h. fails to ensure that all votes on Congressional Term Limits are recorded and made available to the public. 3. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the name of any incumbent candidates for Congress if the Congressional Term Limits Amendment set forth above is before the states for ratification or has become part of the United States Constitution.
Section D
TERM LIMIT PLEDGE FOR NON-INCUMBENTS 1. Non-incumbent candidates for United States Senator and Representative, and the Nevada Legislature shall be given an opportunity to take a “Term Limits” pledge regarding term Limits each time he or she files to run for such office. Any such candidate who declines to take the “Term Limits” pledge shall have the information “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed adjacent to his or her name on every primary and general election ballot. 2. The “Term Limits” pledge shall be offered to non-incumbent candidates for United States Senator and Representative, and the Nevada Legislature until a Constitutional Amendment which limits the number of terms of United States Senators to no more than two and United States Representatives to no more than three shall have become part of our United States Constitution. 3. The “Term Limits” pledge that each non-incumbent candidate, set forth above, shall be offered is as follows: I support term limits and pledge to use all my legislative powers to enact the proposed Constitutional Amendment set forth in the Term Limits Act of 1996. If elected, I pledge to vote in such a way that the designation “DISREGARDED VOTER INSTRUCTION ON TERM LIMITS” will not appear adjacent to my name. _________________________ Signature of Candidate
Section E
TERM LIMITS FOR STATE LEGISLATORS 1. We, the Voters of Nevada, hereby instruct each member of the Nevada Legislature to use all of his or her delegated powers to pass the Article 5 application to Congress set forth herein, and to ratify, if proposed, the Congressional Term Limits Amendment set forth above. 2. Application: We, the People and Legislature of the State of Nevada, due to our desire to establish term limits on Congress, hereby make application to Congress, pursuant to our power under Article 5, to call a convention for proposing amendments to the Constitution. 3. All primary and general election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any respective member of the Nevada Legislature who: a. fails to vote in favor of the application set forth above when brought to a vote or; b. fails to second the application set forth above if it lacks for a second or; c. fails to vote in favor of all votes bringing the application set forth above before any committee or subcommittee upon which he or she serves; d. fails to propose or otherwise bring to a vote of the full legislative body the application set forth above if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the application set forth above or; e. fails to vote against any attempt to delay, table or otherwise prevent a vote by the full legislative body of the application set forth above or; f. fails in any way to ensure that all votes on the application set forth above are recorded and made available to the public or; g. fails to vote against any change, addition or modification to the application set forth above or; h. fails to vote in favor of the amendment set forth above if it is sent to the states for ratification or; i. fails to vote against any term limits amendment, with longer terms if such an amendment is sent to the states for ratification. 4. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of candidates for the Nevada Legislature as required by any of subsections 3 (a) through 3 (g) if the State of Nevada has made an application to Congress for a convention for proposing amendments to the Constitution pursuant to this act and such application has not been withdrawn or, the Congressional Term Limits Amendment set forth in this act has been submitted to the states for ratification. 5. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of candidates for the Nevada Legislature as required by any of subsections 3 (h) through 3 (i) if the State of Nevada has ratified the proposed Congressional Term Limits Amendment set forth in this act. 6. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of candidates for the Nevada Legislature as required by any of subsections 3 (a) through 3 (i) if the proposed Congressional Term Limits Amendment set forth above has become part of the United States Constitution.
Section F
1. The Secretary of State shall be responsible to make an accurate determination as to whether a candidate for the federal or state legislature shall have placed adjacent to his or her name on the election ballot the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” OR “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS.” 2. The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (1) of this section and may rely on such comments and any information submitted by the candidates in making the determination required in subsection (1). 3. The Secretary of State, in accordance with subsection (1) of this section shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent federal legislator if he or she was to be a candidate in the next election. In the case of United States Representatives and United States Senators, this determination and declaration shall be made in a fashion necessary to ensure the orderly printing of primary and general election ballots with allowance made for all legal action provided in section (5) and (6) below, and shall be based upon each member of Congress’s action during their current term of office and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election. In the case of incumbent state legislators, this determination and declaration shall be made not later than (30) days after the end of the regular session following each general election, and shall be based upon legislative action in the previous regular session and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election. 4. The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of non-incumbent candidates for the state and federal legislatures, not later than five (5) business days after the deadline for filing for the office. 5. If the Secretary of State makes the determination that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall not be placed on the ballot adjacent to the name of a candidate for the federal or state legislature, any elector may appeal such decision within five (5) business days to the Nevada Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this Act and therefore should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name. 6. If the Secretary of State determines that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall be placed on the ballot adjacent to a candidate’s name, the candidate may appeal such decision within (5) business days to the Nevada Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name. 7. The Supreme Court shall hear the appeal provided for in subsection (5) and issue a decision within 60 days. The Supreme Court shall hear the appeal provided for in subsection (6) and issue a decision not later than 61 days before the date of the election.
Section G
At such time as the Congressional Term Limits Amendment set forth above has become part of the U.S. Constitution, sections A through Section I of this Article automatically shall be repealed.
Section H
Any legal challenge to this amendment shall be filed as an original action before the Supreme Court of this state.
Section I
If any portion, clause, or phrase of this initiative is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect. [ELECTION ORDINANCE.] Whereas, The enabling act passed by Congress and approved March Twenty first A.D. Eighteen Hundred and Sixty four, requires that the convention charged with the duty of framing a Constitution for a State Government “shall provide by ordinance for submitting said Constitution to the People of the Territory of Nevada, for their ratification or rejection” on a certain day prescribed therein; therefore this Convention organized in pursuance of said enabling act, do establish the following: ORDINANCE. Section 1. Proclamation by territorial governor; general election. The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory for their approval or rejection on the day provided for such submission, by Act of Congress; and this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection, at the time provided by such Act of Congress; and further, on the first Tuesday after the first Monday of November A.D. Eighteen hundred and Sixty four, there shall be a general election in the several counties of said Territory for the election of State Officers, Supreme and District Judges, members of the Legislature, Representative in Congress and three Presidential Electors. Sec: 2. Qualified electors may vote for adoption or rejection of constitution. All persons qualified by the laws of said Territory to vote for Representatives to the General Assembly on the said Twenty first day of March, including those in the Army of the United States, both within and beyond the boundaries of said Territory, and also all persons who may by the aforesaid laws, be qualified to vote on the first Wednesday of September AD. Eighteen hundred and Sixty four, including those in the aforesaid Army of the United States, within and without the boundaries of said Territory may vote for the adoption or rejection of said Constitution, on the day last above named. In voting upon this Constitution, each elector shall deposite [deposit] in the ballot box a ticket whereon shall be clearly written, or printed “Constitution Yes” or “Constitution No,” or other such words that shall clearly indicate the intention of the Elector. Sec: 3. Qualified electors for first general election. All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November AD. Eighteen hundred and Sixty four, including those in the Army of the United States, within and beyond the boundaries of said Territory, may vote on the day last above named, for State Officers, Supreme and District Judges, Members of the Legislature, Representative in Congress, and three Presidential electors, to the electoral college. Sec: 4. Elections: Places, judges, inspectors and procedure. The elections provided in this Ordinance shall be holden at such places as shall be designated by the Boards of Commissioners of the several counties in said Territory. The Judges, and inspectors of said elections, shall be appointed by said Commissioners, and the said elections shall be conducted in conformity with the existing laws of said Territory in relation to holding the General election. Sec: 5. Election returns. The Judges and Inspectors of said elections shall carefully count each ballot immediately after said elections, and forthwith make duplicate returns thereof to the clerks of the said County Commissioners of their respective Counties, and said Clerks, within fifteen days after said elections shall transmit an abstract of the votes including the soldiers vote, as herein provided, given for State Officers, Supreme and District Judges, Representative in Congress and three Presidential Electors, enclosed in an envelope, by the most safe and expeditious conveyance to the Governor of said Territory marked “Election Returns”[.] Sec: 6. Canvass of votes; proclamation; issuance of certificates of election. Upon the receipt of said returns, including those of the soldiers vote, or within Twenty days after the election, if said returns be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Governor, United States District Attorney and Chief Justice of said Territory or any two of them to canvass the returns in the presence of all who may wish to be present, and if a majority of all the votes given upon this Constitution, shall be in its favor, the said Governor shall immediately publish an abstract of the same, and make proclamation of the fact in some newspaper in said Territory and certify the same to the President of the United States, together with a copy of the Constitution and Ordinance. The said Board of Canvassers, after canvassing the votes of the said November elections shall issue certificates of election, to such persons as were elected State Officers, Judges of the Supreme and District Courts, Representative in Congress and three Presidential Electors. When the President of the United States shall issue his proclamation, declaring this State admitted into the Union, on an equal footing, with the original states; This Constitution shall thenceforth be ordained and established as the Constitution of the State of Nevada. Sec: 7. List of electors in Army of the United States. For the purpose of taking the vote of the Electors of said Territory who may be in the Army of the United States: the Adjutant General of said Territory, shall on or before the fifth day of August next following, make out a list in alphabetical order and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the Army of the United States, stating the number of the Regiment, Battalion, Squadron, or Battery, to which he belongs, and also the County or Township, of his residence in said Territory. Sec: 8. Transmission of lists of electors in Army of the United States. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each Reigment [Regiment], Battalion, Squadron and Battery from said Territory in the Service of the United States, and shall, on or before the Fifteenth day of August following, transmit by mail or otherwise, to the Commanding Officer of each Regiment, Battalion[,] Squadron and Battery, a list of electors belonging thereto, which said list shall specify the name[,] residence and rank of each elector, and the company to which he belongs, if to any, and also the County and Township to which he belongs, and in which he is entitled to vote. Sec: 9. Voting by soldiers: Qualifications. Between the hours of Nine O’Clock A.M. and Three O’Clock P.M. on each of the election days hereinbefore named, a ballot box or suitable receptacle for votes shall be opened under the immediate charge and direction of three of the highest Officers in command, for the reception of Votes from the electors whose names are upon said list, at each place where a Regiment, Battalion[,] Squadron or Battery of Soldiers from said Territory in the Army of the United States may be on that day; at which time and place, said Electors shall be entitled to vote for all Officers for which by reason of their residence in the several counties in said Territory they are authorized to vote, as fully as they would be entitled to vote in the several Counties or Townships in which they reside, and the votes so given by such electors at such time and place, shall be considered, taken and held to have been given by them in the respective Counties and Townships in which they are resident. Sec: 10. Voting by soldiers: Procedure; count of votes. Each ballot deposited for the adoption or rejection of this Constitution, in the Army of the United States shall have, distinctly written or printed thereon “Constitution Yes”, or “Constitution No”; or words of a similar import, and further, for the election of State Officers, Supreme and District Judges, Members of the Legislature, Representative in Congress and three Presidential Electors, the name and Office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked upon the said list, at the time of voting by one of the said Officers, having charge of the ballot box. The said Officers having charge of the election shall count the votes and compare them with the checked list, immediately after the closing of the ballot box[.] Sec: 11. Voting by soldiers: Transmission of results. All the ballots cast, together with the said voting list, checked as aforesaid, shall be immediately sealed up, and sent forthwith to the Governor of said Territory at Carson City by mail or otherwise, by the Commanding Officer, who shall make out and certify duplicate returns of Votes given, according to the forms hereinafter prescribed, seal up and immediately transmit the same to the said Governor at Carson City by mail or otherwise, the day following the transmission of the ballots and the voting list herein named, the said Commanding Officer shall also immediately transmit to the several County Clerks in said Territory an abstract of the votes given at the general election in November, for County Officers marked “Election Returns”[.] Sec: 12. Voting by soldiers: Form of return. The form of returns of votes to be made by the Commanding Officer to the Governor and County Clerks of said Territory shall be in substance as follows, Viz: “Returns of Soldiers, votes in the (here insert the regiment, detachment, battalion, squadron or battery)”--(For first election on the Constitution.) .............................. I .............................. hereby certify, that, on the first Wednesday of September A.D. Eighteen hundred and sixty four the Electors belonging to the (here insert the name of the regiment, detachment, battalion[,] squadron or battery.) cast the following number of votes for and against the Constitution for the State of Nevada, Viz: For “Constitution” (number of votes written in full and in figures.) Against “Constitution” (number of votes written in full and in figures) .............................. (Second election for State and other Officers) .............................. I .............................. hereby certify that on the first Tuesday after the first Monday in November A.D. Eighteen hundred and Sixty four, the Electors belonging to the (here insert as above) cast the following number of votes for the several officers and persons hereinafter named Viz: .............................. For Governor .............................. names of persons voted for, number of votes for each person voted for written in full and also in figures, against the name of each person. .............................. For Lieutenant Governor .............................. name of Candidates, number of votes cast for each, written out and in figures as above. .............................. Continue as above till the list is completed. .............................. ............................... Attest ....................... ....................................................................... ....................................................................... I, A.B ....................................................... Commanding Officer of the (here Insert regiment[,] detachment, battalion, squadron, or battery as the case may be). Sec: 13. Voting by soldiers: Territorial governor to furnish form of return. The Governor of this Territory is requested to furnish each Commanding Officer within and beyond the boundaries of said Territory, proper and sufficient blanks for said returns. Sec: 14. Applicability to future votes of soldiers. The provisions of this Ordinance in regard to the Soldiers vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide by law for taking the votes of citizens of said Territory in the Army of the United States[.] Done in Convention, at Carson City the Twenty Eighth day of July, in the year of our Lord One Thousand Eight Hundred and Sixty Four and of the Independence of the United States the Eighty- ninth, and signed by the Delegates. [Then follow the names of delegates who signed the constitution.] __________