Isabella Carter
The Nevada Constitution is the highest law within the state and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of its citizens. The document was created at a constitutional convention on July 4, 1864, in Carson City, Nevada, and took effect on October 31, 1864, when President Abraham Lincoln declared Nevada to be a state. The Nevada Constitution can be amended via three paths: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. This article will outline the process for proposing an amendment to the Nevada Constitution through each of these methods.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 3 |
| Ways to amend the constitution | Constitutional convention, legislatively referred constitutional amendment, initiated constitutional amendment |
| Legislatively referred constitutional amendment | Minimum of 22 votes in the Nevada State Assembly and 11 votes in the Nevada State Senate |
| Initiated constitutional amendment | 10% of the total number of votes cast in the preceding general election |
| Constitutional convention | Two-thirds vote of the Nevada State Legislature |
| Number of articles | 19 (one repealed) |
| Number of sections | 26 |
| Number of amendments | 6 |
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What You'll Learn
Constitutional convention
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 constitution was delivered to Congress over the course of two days by telegraph, costing $4,303.27 in 1864—equivalent to $86,514 in 2024.
A constitutional convention is one of three ways to amend the Nevada Constitution. The other two methods are a legislatively referred constitutional amendment and an initiated constitutional amendment. A constitutional convention is referred to as a convention-referred constitutional amendment. 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. A simple majority vote of the electorate is then required to call a convention.
The Nevada Constitution is the highest law within the state of Nevada and defines the structure, power, and limits of the state government. It also enumerates the basic rights and responsibilities of Nevada citizens.
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Legislatively referred amendment
The Nevada Constitution can be amended in three ways: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. This answer will focus on the process of a legislatively referred constitutional amendment.
A legislatively referred amendment is a proposal to amend the Nevada Constitution that originates in the Nevada State Legislature. The process begins with the introduction of a joint resolution in the Nevada State Assembly or the Nevada State Senate. The joint resolution must be passed by a simple majority in both houses of the legislature during two successive legislative sessions. This means that the joint resolution must be passed by at least 22 members of the Assembly and 11 members of the Senate, assuming no vacancies. The amendment does not require the governor's signature to be referred to the ballot.
Once the joint resolution has passed both houses of the legislature during two successive legislative sessions, the proposed amendment is placed on the ballot for voter approval. The voters of Nevada then have the opportunity to approve or reject the proposed amendment at the next general election. It is important to note that a simple majority of voter approval is required for the amendment to be ratified and added to the Nevada Constitution.
The process of a legislatively referred amendment allows the Nevada State Legislature to propose changes to the state constitution directly to the voters. This provides a mechanism for the legislature to address issues that may require amendments to the constitution, such as updating the framework for governance, clarifying the powers and limitations of the state government, or protecting the rights of Nevada citizens.
The Nevada Constitution has a detailed amendment process, and it is important for any proposed changes to go through this rigorous procedure to ensure that the rights and responsibilities of the state and its citizens are carefully considered and balanced. The legislatively referred amendment process allows for legislative initiative while still requiring voter approval, ensuring that the people of Nevada have the final say in any changes to their constitution.
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Initiated 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. Eighteen states allow citizens to initiate constitutional amendments.
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. A simple majority vote in two consecutive elections is required for voter approval. Amendments do not require the governor's signature to be referred to the ballot.
For example, the second amendment was proposed by initiative petition and approved and ratified by the people at the 1994 and 1996 General Elections.
Article 19 of the Nevada Constitution outlines how the Assembly or Senate may propose amendments to the constitution.
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Requirements for ballot measures
The Nevada Constitution can be amended 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. 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.
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments. 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. A simple majority vote in two consecutive elections is required 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. A simple majority vote of the electorate is required to call a convention.
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Ratification by voters
The Nevada Constitution, the highest law of the state, establishes the framework for governance, encompassing the powers, structure, and limitations of the state government, as well as the fundamental rights and responsibilities of Nevadans. Amending this document is a solemn undertaking, requiring careful consideration and approval by the electorate.
There are three paths to propose an amendment: a constitutional convention, a legislatively referred constitutional amendment, or an initiated constitutional amendment. The latter two methods are particularly pertinent when discussing ratification by voters.
A legislatively referred constitutional amendment requires the support of a simple majority of voters in two consecutive elections. This means that an amendment must pass in one election and then be ratified by the voters in the subsequent election. This process ensures that any changes to the constitution have broad and enduring support from the electorate.
An initiated constitutional amendment is a citizen-led process. It starts with a petition that must gather signatures equal to 10% of the total votes cast in the previous general election. If successful, the amendment proceeds to the ballot, where it requires approval from a simple majority of voters in two successive elections. This pathway empowers citizens to directly propose and ratify changes to their constitution.
The history of Nevada is replete with examples of amendments being ratified by voters. For instance, the first amendment, proposed in 1885, was ratified by the people in a special election in 1889. The second amendment, proposed in 1923, was ratified by voters in the 1926 general election. More recently, in 2024, voters approved two amendments, demonstrating their ongoing role in shaping the constitution.
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Frequently asked questions
The Nevada Constitution is the highest law within the U.S. state of Nevada. It defines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens.
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-initiated ballot measure that amends a state's constitution. In Nevada, this requires signatures from 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.
