Omar Bennett
The Nevada Constitution, the highest law within the state, defines the structure, power, and limits of the state government and the basic rights and responsibilities of Nevada citizens. It has been amended over 112 times since its adoption in 1864. Amendments to the Nevada Constitution can be made via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. The Nevada Constitution has been amended to include various provisions, such as recognising same-sex marriages and limiting the power of the state to use eminent domain.
| Characteristics | Values |
|---|---|
| Number of amendments | Over 112 |
| How to propose an amendment | The Assembly or Senate may propose amendments |
| How to pass an amendment | A majority of all members of both houses must pass the proposed amendment. The proposed amendment must then pass the next consecutive biennial session. If it passes, the proposed amendment is sent to the people for a vote. If the majority of the registered votes pass the amendment, the constitution is amended/changed. |
| How often are amendments passed | The most recent amendment was passed on November 5, 2024 |
| Who approves amendments | The people of Nevada |
| Requirements for citizen-initiated amendments | 10% of the total number of votes cast in the preceding general election |
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What You'll Learn
Amendments via constitutional convention
The Nevada Constitution, the highest law within the state, was created at a constitutional convention on July 4, 1864, in Carson City, Nevada. The convention, consisting of delegates chosen by the people, adjourned on July 28, and the constitution took effect on October 31, when President Abraham Lincoln declared Nevada the 36th state.
The Nevada Constitution can be amended via a constitutional convention, which is a gathering of delegates chosen by the people to propose changes to the constitution. To refer a constitutional convention question to the voters, a two-thirds vote of the Nevada State Legislature is required, according to Section 2 of Article 16 of the Nevada Constitution. The process for amending the constitution through a constitutional convention is outlined in Article 16, which consists of two sections.
The first step in the process is for the members of the constitutional convention to propose amendments to the constitution. These amendments must then be approved by a majority of the delegates present at the convention. Once an amendment has been approved by the convention, it is sent to the Nevada State Legislature for consideration.
The Nevada State Legislature must then pass the proposed amendment during two successive legislative sessions by a simple majority vote. This amounts to a minimum of 22 votes in the Nevada State Assembly and 11 votes in the Nevada State Senate, assuming no vacancies. The amendment can then be placed on the ballot for voter approval.
Finally, the proposed amendment is sent to the people of Nevada for a vote. If a majority of the registered voters approve the amendment, the constitution is officially amended. This process ensures that any changes to the Nevada Constitution have the support of both the legislature and the people of the state.
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Legislatively referred constitutional amendment
The Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
A legislatively referred constitutional amendment is a process by which the Nevada State Legislature proposes and passes a constitutional amendment. This process requires a simple majority vote during two successive legislative sessions to place the amendment on the ballot for voter approval. In the Nevada State Assembly, this amounts to a minimum of 22 votes, and in the Nevada State Senate, it requires at least 11 votes, assuming no vacancies. It's important to note that amendments through this process do not require the governor's signature to be referred to the ballot.
For example, the second amendment to the Nevada Constitution was proposed and passed by the 1919 Legislature. It was then agreed to and passed by the 1921 Legislature before being approved and ratified by the people at the 1922 General Election.
Another example is the third amendment, which followed a similar process. It was initially proposed and passed by the 1923 Legislature, agreed to and passed by the 1925 Legislature, and finally approved and ratified by the voters in the 1926 General Election.
The legislatively referred constitutional amendment process in Nevada provides a mechanism for the state legislature to initiate and propose amendments to the state's constitution. This process requires collaboration between successive legislative sessions and, ultimately, the approval of the voters to enact the proposed changes to the Nevada Constitution.
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Initiated constitutional amendment
The Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total number of votes cast in the preceding general election. This means that for an amendment to be initiated, citizens must gather signatures from 10% of the electorate who voted in the previous general election.
Once the required number of signatures has been collected, the proposed amendment will be placed on the ballot in the next general election. For an initiated constitutional amendment to be approved, it must receive a simple majority vote in two consecutive general elections. This means that the amendment needs to be approved by a majority of voters in the current election and then again in the next election.
The process of initiating a constitutional amendment allows citizens to have a direct say in shaping the state's constitution. It provides an avenue for Nevadans to propose and enact changes that they believe are necessary to improve the framework of their state's governance, individual rights, and other matters covered by the constitution.
It is worth noting that Nevada is one of eighteen states that allow citizens to initiate constitutional amendments. This process empowers citizens to have a more direct impact on the laws that govern them and adapt the constitution to reflect the changing needs and values of the state's population.
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Ballot initiatives and voter approval
The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. In Nevada, the number of signatures required for an initiated constitutional amendment is equal to 10% of the total votes cast in the previous general election. A simple majority vote in two consecutive elections is required for voter approval.
For a legislatively referred constitutional amendment, a simple majority vote is required during two successive legislative sessions for the Nevada State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 22 votes in the Nevada State Assembly and 11 votes in the Nevada State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The Nevada Constitution was created at a constitutional convention on July 4, 1864, in Carson City, Nevada. The convention adjourned on July 28, and the constitution took effect on October 31, when President Abraham Lincoln declared Nevada to be a state. The current Nevada Constitution has been amended over 112 times. Voters most recently approved two amendments to the Nevada Constitution on November 5, 2024.
An example of an amendment approved by voter ballot is the second amendment, which was proposed and passed by the 1919 Legislature, agreed to and passed by the 1921 Legislature, and approved and ratified by the people at the 1922 General Election.
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Legislative approval process
The Nevada Constitution outlines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens. Amendments to the Nevada Constitution can be made via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
The legislative approval process for amending the Nevada Constitution involves the following steps:
- Proposal: The process begins with the proposal of an amendment. This can be done by the Assembly or the Senate, with a majority of all members of both houses required to pass the proposed amendment.
- Passage in Two Consecutive Biennial Sessions: The proposed amendment must then be passed by the legislature in two consecutive biennial sessions. This means that the amendment needs to be approved by a simple majority in the next two successive legislative sessions.
- Voter Approval: If the amendment passes in both legislative sessions, it is then sent to the people of Nevada for a vote. The specific process for voter approval can vary, but it typically involves placing the amendment on the ballot during a general election.
- Majority Vote: For an amendment to be approved and ratified, it must receive a majority of the registered votes. This means that a simple majority of voters must approve the amendment for it to become part of the Nevada Constitution.
- Ratification: Once an amendment is approved by the voters, it is officially ratified and becomes a part of the Nevada Constitution. The source of the amendment or the changes made to the original text is indicated in the source note following the amended or new section.
It is important to note that this process applies specifically to legislatively referred constitutional amendments. For initiated constitutional amendments, the process may vary slightly, with different requirements for proposing and approving amendments. However, the overall structure of legislative approval, voter consideration, and majority vote remains consistent.
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Frequently asked questions
The Nevada Constitution has been amended over 112 times.
Amendments can be added to the Nevada Constitution via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment.
A legislatively referred constitutional amendment requires a simple majority vote during two successive legislative sessions for the Nevada State Legislature to place a constitutional amendment on the ballot.
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. In Nevada, this requires signatures from at least 10% of the total number of votes cast in the preceding general election, as well as a simple majority vote in two consecutive elections for voter approval.
According to Section 2 of Article 16 of the Nevada Constitution, a two-thirds vote of the Nevada State Legislature is required to refer a constitutional convention question to the ballot.
