Categories
initiative, referendum, and recall

A Law to Be Named Later

Nevada’s legislators have long desired to do something that they haven’t been able to do. 

I understand. It happens in baseball. Two teams want to trade a player, but can’t decide who to trade for that player. So, one team hands over, say, their left-​fielder for “a player to be named later” from the other team.

These deals require tremendous trust.

I wonder how much the people of Nevada trust their state legislature. 

I wonder because what their legislators want is to make the ballot initiative process much, much harder to use.

Years ago, the federal courts struck down a requirement that petition signatures be gathered in three-​fourths of Nevada’s counties. So the state legislature passed a new law requiring signatures from every county. 

Yes, the court struck that law down, too.

Nevada solons came back with legislation mandating that petitions be gathered in each of 42 legislative districts. This makes a petition drive actually 42 drives — greatly increasing costs and the opportunity for error. 

Worried that scheme wouldn’t pass court review, legislators amended the bill to require petitions to come from every U.S. congressional district. But only for this election cycle. There’s a kicker: By 2011, legislators will create “petition districts.” How many districts? They’ll decide later … as many as they determine can get away with.

The bill passed in the last days of the just-​completed session. It’s sort of a policy to be named later. 

Unlike that bill, this is Common Sense. I’m Paul Jacob.

Categories
term limits

Long Time (1996+12=2008) Coming

Been a long time coming. The twelve-​year term limits law passed by Nevada voters in 1996 is finally taking effect.

Except for state lawmakers elected in 1996, that is.

Nineteen ninety-​six plus twelve equals 2008. But in 1996, legislators seized on a technicality to claim that — unlike for other office-​holders — for them the count didn’t start until 1998. That’s because, under Nevada law, state lawmakers take office the day after the election. Yet it takes more than a day to ratify ballot results. So the argument goes that it would be unfairly “retroactive” to include the 1996 term in the twelve-​year limit.

Inspect the Nevada constitution, and you’ll see provisions stating that no person may be elected to legislative or other elective office who “has served in that office … twelve years or more.…” Nothing about starting the clock on the date the ballot measure is ratified.

But in 1996 politicians and courts pretended the new law was not retroactive, and got away with it.

Come 2008, non-​legislative office-​holders finally facing term limits scavenged for yet another technicality. They claimed that the law is unconstitutional and should be thrown out altogether. Fortunately, the Nevada Supreme Court didn’t play along with the latest scam, so Nevada voters must wait only two more years for state lawmakers to be ousted by it. 

Better late than never.

This is Common Sense. I’m Paul Jacob.