Final Concepts (my most missed) PDF

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Dr. Melanie Young...

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Concepts 1.) Describe the three aspects of direct democracy found in Nevada. Be sure to discuss the petition process linked to each provision and give an example of how one of these provisions has been used in Nevada political history. Direct democracy (what it is and what forms are used in Nevada) The three aspects of direct democracy found in Nevada are initiative, referendum and recall. Initiative is the right to enact laws and purpose constitutional amendments. Before this constitutional provision was added in 1912 only the legislature could enact laws and purpose constitutional amendments. The process for proposing a statute or constitutional amendment begins with a petition to make a change. This "petition must be signed by 10 percent of the number of those who voted in the previous general election" (Bowers 54). Another requirement is that the signatures come from at least 13 counties. This provision was to prevent the two most populous counties Clark and Washoe from putting an initiative on the ballot without the support of at least seven other counties. However this provision was found to be unconstitutional in 2004 by the U.S. district court judge and was upheld by the U.S. court of Appeals for the Ninth Circuit in 2006 making it unenforceable. Then in 2007 state legislature passed a law requirement that signatures must be gathered from all seventeen counties based on the percentages of the state's population in each of the counties. Meaning if the county had 5 percent of the population then 5 percent of the signature need to come form that county (Bowers 54). This law was also found unconstitutional in 2008. The reason that both laws violated the equal protection in favoring residents of sparely populated counties. The issue was revised by the state legislature and they decided that the required signatures come form 10 percent of voters who participated in the previous election in

each congressional district. Unlike counties the districts had the same number of residents so this requirement was found to be constitutionally sound. If the initiative proposes a statue the proposed legislation goes to the next season of the legislature and they have 40 days to act. If the legislature approves and the governor signs the proposed statue becomes law. If the legislature or governor disproves or does nothing, the proposal goes on the next general election ballot for approval or disapproval by voters (Bowers 55). If voters approve it becomes law and cannot be changed by the legislature for at least three years. However the legislature has the authority to purpose an alternative measure that would go on the same ballot as the initiative proposal. If both measures pass the one with the most votes becomes law. When an initiative is proposing a constitutional amendment the proposal does not go to the legislative instead it goes directly to the ballot and must be approved by a majority at the next two elections. If it fails to pass either election it is defeated (Bowers 55). "The referendum allows voters to approve or disapprove any law passed by the legislature" (Bowers 55). Legislature itself may refer the law to the voters or the voters may demand a referendum election by petition. The referendum petition requires 10 percent of the voters who participated in the state's last general election to sign the petition. However unlike the initiative petition the signatures do not have to be dispersed among the state's congressional districts. If the referendum gets the appropriate number of signatures then the law in question is put on the ballot for a vote. "If the law is supported by a simple majority it remains on the statute books, if it is not the law is repealed and no longer in effect" (Bowers 55). Any law that is approved by a referendum initiated by the voters cannot be repealed or amended by the legislature. the only way it can be changed or repealed is through another direct vote of the people. "This fact led prochoice forces in Nevada to refer the state's abortion statutes to a vote of the people in 1990"

(Bowers 55). The statues were generally along the same guidelines approved by the U.S. Supreme Court in Rove v Wade and they were approved. So even if the Supreme court were to overturn Roe the pro-life forces wouldn't be able to change or repeal without another referendum election. The immunity from the legislature change only applies to cases where the referendum was called by petition. Laws that are approved through legislative mandated referendum can be amended or repealed by the legislature at their discretion (Bowers 56). Recall allows the voter to remove any state or local official, but not federal officials from office prior to the expiration of his or her term. There have been only a few recalls that were successfully and those were for local officials. An example is the voters in Fernely in 2009 removed a city council member. A recall election can only be held after a petition seeking to recall has been signed by the requisite number of registered voters. The requisite number was amended in 1996 to 25 percent of the number of voters who voted in the office holders most recent election (Bowers 56). It is import to note this is not the most recent election in the jurisdiction but the most recent election for the office holder. In 2008 the Secretary of State Ross miller opined that in order to sign a recall petition the state constitution requires that one must have actually voted in the election n which the targeted official was elected to office before this time anyone who was register voter could sign the petition. This decision made it harder to call a recall election. Then in 2009 state legislature passed a law rejecting Miller's interpretation and allowed any registered voter living within the jurisdiction to sign a recall petition. The official has five days to resign once the required number of signatures have been obtained. If the official refuses to do so a recall election is held within thirty days. "Other candidates may run against the targeted official and the candidate winning the most votes serves the remainder of the term" (Bowers 56). If there is no other candidate, the voters simply vote to recall or not to recall. Then

if the official is recalled then the seat is declared vacant and is filled as for any other midterm vacancy (Bowers 57). The constitution protects office holders from harassment from their losing campaign opponents and supporters in two ways. First official must have been in office for at least six months before being subject to a recall. One exception is for members of legislature who can be recalled after ten days in office. Second anyone wishing to have a second recall against an official most pay for the cost of the first recall election (Bowers 57). 2. Describe the basic duties of the six elected executive officers in Nevada. Duties and powers of elected executive branch officials The most important day-to-day activity of the Lt. Governor is to direct efforts relating to tourism and economic development. 1. The basic duties for the governor are chief executive of the state, chief of state, chief legislator and commander-in-chief of Nevada National Guard. As the chief executive it is the governor's "duty to see that the laws of the state are faithful executed" (Bowers 85). In order to do this the governor appoints heads and deputy heads of cabinet-level departments and members of boards, commissions and committees. The governor is also member of several state boards and commissions. As the chief of state, "The governor serves as the state's chief goodwill ambassador, attending various state functions, and representing the state to the world outside Nevada" (Bowers 88). Governors in the role will meet with other governors and the president and engage in ribbon cuttings at new casinos and ground breaking for new construction projects. As chief legislator the governor gives the state of the state address at every regular session (Bowers 90). As commander-in-chief of the Nevada National guard the governor "has the authority to call the guard into service during emergency situations such as riots or catastrophes

of nature. The governor also appoints the functional head of the guard, the adjutant general" (Bowers 91). 2. The lieutenant governors duties are to act as governor if there is a vacancy due to death, disability, impeachment or recall or an absence from the state by the governor. The lieutenant governor also serves as president of the senate with a casting vote in case of ties. The most important day-to-day activity of the Lt. Governor is to direct efforts relating to tourism and economic development. 3. The attorney general duties are chief legal advisor to the state, obligated to provide legal advice to various agencies of state government through advisory legal opinions, defending the state or prosecuting cases at the Nevada Supreme Court and the U.S. Supreme Court and serves with governor, and secretary of state as a member of the board of state commissioners and Board of Examiners and with the governor and justices of the supreme court on the Board of Pardons Commissioners (Bowers 93). Attorney general is required to submit a biennial report to the governor on the condition of law enforcement in the state (Bowers 94). 4. Secretary of state duties are custodian of the state's records, must sign all state grants and commissions, serves on the board of state prison commissioners and the board of examiners and keep a true record of the official acts of the legislative and executive departments, and issuing certificates of incorporation to Nevada businesses and regulating securities issued by these statebased entities, responsible for preparing the official ballot, publishing official elections results, and issuing certificates of election to the winners of the election (Bowers 94-95). 5 &6. Controller and treasurer work closely together. The treasurer receives all money's paid to the state and disburses them upon receipt of a warrant from the controller and is responsible for

deposit all state funds and to ensure not only that they are not lost, but that the money builds the state's treasury by accumulating interest at the higher rate that is possible and safe. The controllers duties are issues warrants to the treasurer, serves as the state's chief bookkeeper, making an annual report of state expenditures to the governor and serving as the chief auditor in any claims against the state and makes advisory recommendations to the legislative on appropriations to pay such claims (Bowers 95) 3. Events surrounding the settling of Nevada and in particular the factors that most specifically influenced the admission of Nevada into the Union What factors contributed to Nevada becoming one of the first western territories to gain statehood? (Pay particular attention to the efforts of national politicians such as Senator Doolittle.) Nevada becomes a state largely due to external national political factors. These factors are outlined in the text and linked to the Doolittle bill. National Republicans saw Nevada as a political gain which would support the re-election of Lincoln and provide congressional votes for the 13th amendment and various Reconstruction policies. What ultimately provided the impetus for Nevada's statehood came quite outside the young territory's borders; national issues were quickly coming to a influence that would give Nevada its cherished prize. Within twenty days after the defeat of the 1863 constitution, a bill was introduced into congress allowing territories of Nevada, Colorado, and Nebraska to hold constitutional conventions and establish state governments. The bill, introduced on Feb. 8 1864, by Senator James R. Doolittle (R-Wisconsin), easily passed both houses of Congress and was signed by President Lincoln on March 21.

The driving force behind Doolittle's bill had four components. 1. First, Lincoln desired additional votes in Congress to assure the two-thirds vote he needed in both houses for passage of the Thirteenth Amendment, which would abolish slavery and thereby place a constitutional imprimatur on his Emancipation Proclamation. 2. Second Lincoln expected that he would need Nevada's three electoral votes to win the 1864 presidential election. 3. Third, the Radical Republicans, already at odds with their own party's president over the coming reconstruction of the southern states, had their own reasons for supporting Nevada statehood: they sought additional Republican votes in Congress to support congressional rather than presidential, polices on such matters. 4. Finally, with the third-party candidacy of John C. Fremont, it was thought that the 1864 presidential election might be so close that no candidate would win a majority in the electoral college and the decision would thus be thrown into the House of Representatives; an additional Republican vote from Nevada in that body would help assure selection of the Republican nominee....