Bill > SB1

Introduced Session

Section 5 of Article 4 of the Nevada Constitution provides that it is the mandatory duty of the Legislature after the taking of the decennial census to: (1) fix by law the number of Senators and the number of members of the Assembly; (2) determine the boundaries of the legislative districts; and (3) apportion the number of the members of the Senate and Assembly in each district. Section 13 of Article 1 of the Nevada Constitution provides that representation must be apportioned according to population. Finally, Section 13 of Article 15 of the Nevada Constitution requires that the decennial census serve as the basis of representation in both Houses of the Legislature. Section 2 of this bill revises the boundaries of the 42 Assembly Districts by adopting a shapefile that indicates the areas that comprise each of those districts based upon the data from the Twenty-fourth United States Census, known as the 2020 Census. Section 3 of this bill similarly revises the boundaries of the 21 Senate Districts. Section 15 of this bill sets forth a graphical representation of the contents of the shapefile for each legislative district and directs the Legislative Counsel to include the graphical representation with the Nevada Revised Statutes. Sections 1-7 and 22 of this bill make conforming changes relating to the revised boundaries of the Assembly and Senate Districts. Section 24 of this bill provides that the provisions of sections 1-7 and 22 relating to the revised Assembly and Senate Districts become effective on January 1, 2022, for the purpose of filing for office and for nominating and electing the members of the Legislature, and for all other purposes on November 9, 2022, the day after the 2022 General Election and the first day of the new legislative terms. (Nev. Const. Art. 4, §§ 3, 4) Under existing law, the terms of Senators must be allotted by the Legislature so that one-half of their number, as nearly as is possible, must be elected every two years. (Nev. Const. Art. 17, § 10) Section 16 of this bill provides that the 10 Senators who were elected on November 3, 2020, shall serve out the term of office for which they were elected by representing the district to which they were elected through November 8, 2022, and representing the corresponding new Senate District established by the shapefile adopted by section 3 from November 9, 2022, until the expiration of their current term of office. Under existing law, a person is prohibited from using the term “reelect” in any material, statement or publication supporting the election of a candidate unless the candidate: (1) was elected to the identical office with the same district number in the most recent election to fill that office; and (2) is serving and has served - 33rd Special Session (2021) continuously in that office from the beginning of the term to which the candidate was elected. (NRS 294A.330) Section 17 of this bill, notwithstanding this prohibition on the use of the term “reelect,” authorizes each Senator who was elected on November 6, 2018, and serves continuously in that office to use the term “reelect” in the 2022 election when running for the Senate from the same new corresponding Senate District if he or she is otherwise qualified for election to that office. Section 17 similarly authorizes each member of the Assembly who was elected on November 3, 2020, and serves continuously in that office to use the term “reelect” in the 2022 election when running for the same new corresponding Assembly District if he or she is otherwise qualified for election to that office. Section 2 of Article I of the United States Constitution requires that congressional representatives must be apportioned among the several states according to population. The apportionment of the number of congressional representatives is based upon the decennial census. Currently, Nevada is apportioned four congressional representatives and, based upon the results of the 2020 Census, remains apportioned four congressional representatives. Section 9 of this bill revises the boundaries of the existing congressional districts by adopting a shapefile that indicates the areas that comprise each of those congressional districts. Section 15 sets forth a graphical representation of the contents of the shapefile for each congressional district and directs the Legislative Counsel to include the graphical representation with the Nevada Revised Statutes. Sections 9-13 and 23 of this bill make conforming changes relating to the revised boundaries of the congressional districts. Section 24 provides that the provisions of sections 9-13 and 23 relating to the revised congressional districts become effective on January 1, 2022, for the purposes of filing for office and for nominating and electing the congressional representatives, and for all other purposes on January 3, 2023, when the congressional representatives begin their terms. (U.S. Const. Amend. XX) Under existing law, the State Board of Education consists of four elected members and several appointed members, and the four elected members must be elected by the registered voters of each existing congressional district. (NRS 385.021) Each of the four elected members were last elected in 2020 for four-year terms beginning in January 2021 and ending in January 2025. Because section 9 revises the boundaries of the existing congressional districts, section 14 of this bill makes those revised boundaries applicable to the election of the four elected members of the Board. Section 18 of this bill provides that the four elected members of the Board who were elected to office in 2020: (1) shall be deemed, until the expiration of their current term of office, to be elected from and represent the same new corresponding congressional district; and (2) may use the term “reelect” in campaign materials, statements or publications if they are seeking election in 2024 to the same new corresponding congressional district and are otherwise qualified for election to that office. Under existing law, persons who want to circulate petitions for initiative or referendum proposing state constitutional amendments or other statewide ballot measures cannot begin such circulation before certain dates set forth in the Nevada Constitution. (Nev. Const. Art. 19, §§ 1, 2) In addition, such persons must file the petitions with the Secretary of State before presenting the petitions to the registered voters for their signatures, and if they amend the petitions, they must file the revised petitions with the Secretary of State before presenting the revised petitions to the registered voters for their signatures. (NRS 295.015) When circulating the petitions, they must gather a certain number of signatures from the registered voters within each of the petition districts which have boundaries that are coterminous with each of the existing congressional districts. (NRS 293.069, 293.127563) - 33rd Special Session (2021) Because section 9 revises the boundaries of the existing congressional districts, section 8 of this bill makes those revised boundaries applicable to the petition districts. Section 24 provides the provisions of sections 8-13 and 23 relating to the revised petition districts apply to each petition that is filed with the Secretary of State: (1) on or after passage and approval of this bill; or (2) on or after August 1, 2021, and before passage and approval of this bill, if the petition is amended and the revised petition is filed with the Secretary of State on or after passage and approval of this bill. Existing law authorizes the Legislative Commission or, in certain circumstances, the Chair of the Legislative Commission to direct the Legal Division of the Legislative Counsel Bureau to appear in, commence, prosecute, defend or intervene on behalf of the Legislature in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof, when deemed necessary or advisable to protect the official interests of the Legislature in the action or proceeding. (NRS 218F.720) Section 20 of this bill authorizes the Chair of the Legislative Commission to direct the Legislative Counsel Bureau to contract for such professional and other services as the Director of the Legislative Counsel Bureau determines are necessary or advisable for the Legislature to appear in, commence, prosecute, defend or intervene in any action or proceeding relating to any election or petition district.

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Approved by the Governor. Chapter 1. (on 11/16/2021)

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