THE CONSTITUTION OF THE STATE OF NEVADA

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[Preliminary Action.]

Ordinance.

Preamble.

4. Legislative Department.

ARTICLE 4.

Legislative Department

Sec. 1.Legislative power vested in senate and assembly.

2.Biennial sessions of legislature: Commencement; limitation on duration; void actions; submission of proposed executive budget.

3.Members of assembly: Election and term of office; eligibility for office.

4.Senators: Election and term of office; eligibility for office.

5.Number of senators and assemblymen; apportionment.

6.Power of houses to judge qualifications, elections and returns of members; selection of officers; rules of proceedings; punishment of members.

7.Punishment of nonmember.

8.Senators and assemblymen ineligible for certain offices.

9.Federal officers ineligible for state office; exceptions.

10.Embezzler of public money ineligible for office; disqualification for bribery.

11.Privilege of members: Freedom from arrest on civil process.

12.Vacancy.

13.Quorum; compelling attendance.

14.Journal.

15.Open sessions and meetings; adjournment for more than 3 days or to another place.

16. Bills may originate in either house; amendment.

17. Act to embrace one subject only; title; amendment.

18.Reading of bill; voting on final passage; number of members necessary to pass bill or joint resolution; signatures; referral of certain measures to voters; consent calendar.

19.Manner of drawing money from treasury.

20.Certain local and special laws prohibited.

21.General laws to have uniform application.

22. Suit against state.

23.Enacting clause; law to be enacted by bill.

24.Lotteries.

25.Uniform county and township government.

26.Boards of county commissioners: Election and duties.

27.Disqualification of jurors; elections.

28.Compensation of legislative officers and employees; increase or decrease of compensation.

29.Duration of regular and special sessions. [Repealed in 1958.]

30.Homesteads: Exemption from forced sale; joint consent required for alienation; recording of declaration.

31.Property of married persons.

32.County officers: Power of legislature; election, duties and compensation; duties of county clerks.

33.Compensation of members of legislature; payment for postage, stationery and other expenses; additional allowances for officers.

34.Election of United States Senators.

35. Bills to be presented to governor; approval; disapproval and reconsideration by legislature; failure of governor to return bill.

[36.]Abolishment of county; approval of voters in county.

37.Continuity of government in case of enemy attack; succession to public offices; legislative quorum requirements; relocation of seat of government.

37[A].Consolidation of city and county containing seat of government into one municipal government; separate taxing districts.

38. Use of plant of genus Cannabis for medical purposes.

Section. 1. Legislative power vested in senate and assembly. The Legislative authority of this State shall be vested in a Senate and Assembly which shall be designated “The Legislature of the State of Nevada” and the sessions of such Legislature shall be held at the seat of government of the State.

Sec. 2. Biennial sessions of legislature: Commencement; limitation on duration; void actions; submission of proposed executive budget.

1. The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation. 2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

3. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session.

Sec. 3. Members of assembly: Election and term of office; eligibility for office.

1. The members of the Assembly shall be chosen biennially by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November and their term of office shall be two years from the day next after their election.

2. No person may be elected or appointed as a member of the Assembly who has served in that office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this state.

Sec. 4. Senators: Election and term of office; eligibility for office.

1. Senators shall be chosen at the same time and places as members of the Assembly by the qualified electors of their respective districts, and their term of Office shall be four Years from the day next after their election.

2. No person may be elected or appointed as a Senator who has served in that office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this state.

Sec. 5. Number of senators and assemblymen; apportionment. Senators and members of the assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of senators shall not be less than one-third nor more than one-half of that of the members of the assembly.

It shall be the mandatory duty of the legislature at its first session after the taking of the decennial census of the United States in the year 1950, and after each subsequent decennial census, to fix by law the number of senators and assemblymen, and apportion them among the several counties of the state, or among legislative districts which may be established by law, according to the number of inhabitants in them, respectively.

Sec: 6. Power of houses to judge qualifications, elections and returns of members; selection of officers; rules of proceedings; punishment of members. Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.

Sec: 7. Punishment of nonmember. Either House, during the session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the House by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session.

Sec: 8. Senators and assemblymen ineligible for certain offices. No Senator or member of Assembly shall, during the term for which he shall have been elected, nor for one year thereafter be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased during such term, except such office as may be filled by elections by the people.

Sec: 9. Federal officers ineligible for state office; exceptions. No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed Five Hundred dollars per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office.

Sec: 10. Embezzler of public money ineligible for office; disqualification for bribery. Any person who shall be convicted of the embezzlement, or defalcation of the public funds of this State or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State; and the Legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony.

Sec: 11. Privilege of members: Freedom from arrest on civil process. Members of the Legislature shall be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session.

Sec. 12. Vacancy. In case of the death or resignation of any member of the legislature, either senator or assemblyman, the county commissioners of the county from which such member was elected shall appoint a person of the same political party as the party which elected such senator or assemblyman to fill such vacancy; provided, that this section shall apply only in cases where no biennial election or any regular election at which county officers are to [be] elected takes place between the time of such death or resignation and the next succeeding session of the legislature.

Sec: 13. Quorum; compelling attendance. A majority of all the members elected to each House shall constitute a quorum to transact business, but a smaller number may adjourn, from day to day and may compel the attendance of absent members, in such manner, and under such penalties as each house may prescribe[.]

Sec: 14. Journal. Each House shall keep a journal of its own proceedings which shall be published and the yeas and nays of the members of either house on any question shall at the desire of any three members present, be entered on the journal.

Sec. 15. Open sessions and meetings; adjournment for more than 3 days or to another place. The doors of each House shall be kept open during its session, and neither shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which they may be holding their sessions. The meetings of all legislative committees must be open to the public, except meetings held to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

Sec: 16. Bills may originate in either house; amendment. Any bill may originate in either House of the Legislature, and all bills passed by one may be amended in the other.

Sec: 17. Act to embrace one subject only; title; amendment. Each law enacted by the Legislature shall embrace but one subject, and matter, properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only; but, in such case, the act as revised or section as amended, shall be re-enacted and published at length.

Sec. 18. Reading of bill; voting on final passage; number of members necessary to pass bill or joint resolution; signatures; referral of certain measures to voters; consent calendar.

1. Every bill, except a bill placed on a consent calendar adopted as provided in subsection 4, must be read by sections on three several days, in each House, unless in case of emergency, two thirds of the House where such bill is pending shall deem it expedient to dispense with this rule. The reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays to be entered on the journals of each House. Except as otherwise provided in subsection 2, a majority of all the members elected to each house is necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed, shall be signed by the presiding officers of the respective Houses and by the Secretary of the Senate and Clerk of the Assembly.

2. Except as otherwise provided in subsection 3, an affirmative vote of not fewer than two-thirds of the members elected to each house is necessary to pass a bill or joint resolution which creates, generates, or increases any public revenue in any form, including but not limited to taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.

3. A majority of all of the members elected to each house may refer any measure which creates, generates, or increases any revenue in any form to the people of the State at the next general election, and shall become effective and enforced only if it has been approved by a majority of the votes cast on the measure at such election.

4. Each House may provide by rule for the creation of a consent calendar and establish the procedure for the passage of uncontested bills.

Section 19. Manner of drawing money from treasury. No money shall be drawn from the treasury but in consequence of appropriations made by law.

Section 20. Certain local and special laws prohibited. The legislature shall not pass local or special laws in any of the following enumerated cases—that is to say:

Regulating the jurisdiction and duties of justices of the peace and of constables, and fixing their compensation;

For the punishment of crimes and misdemeanors;

Regulating the practice of courts of justice;

Providing for changing the venue in civil and criminal cases;

Granting divorces;

Changing the names of persons;

Vacating roads, town plots, streets, alleys, and public squares;

Summoning and impaneling grand and petit juries, and providing for their compensation;

Regulating county and township business;

Regulating the election of county and township officers;

For the assessment and collection of taxes for state, county, and township purposes;

Providing for opening and conducting elections of state, county, or township officers, and designating the places of voting;

Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities;

Giving effect to invalid deeds, wills, or other instruments;

Refunding money paid into the state treasury, or into the treasury of any county;

Releasing the indebtedness, liability, or obligation of any corporation, association, or person to the state, or to any county, town, or city of this state; but nothing in this section shall be construed to deny or restrict the power of the legislature to establish and regulate the compensation and fees of county officers, to authorize and empower the boards of county commissioners of the various counties of the state to establish and regulate the compensation and fees of township officers in their respective counties, to establish and regulate the rates of freight, passage, toll, and charges of railroads, tollroads, ditch, flume, and tunnel companies incorporated under the laws of this state or doing business therein.

Sec: 21. General laws to have uniform application. In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State.

Sec: 22. Suit against state. Provision may be made by general law for bringing suit against the State as to all liabilities originating after the adoption of this Constitution[.]

Sec: 23. Enacting clause; law to be enacted by bill. The enacting clause of every law shall be as follows: “The people of the State of Nevada represented in Senate and Assembly, do enact as follows,” and no law shall be enacted except by bill.

Sec: 24. Lotteries.

1. Except as otherwise provided in subsection 2, no lottery may be authorized by this State, nor may lottery tickets be sold.

2. The State and the political subdivisions thereof shall not operate a lottery. The legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this state. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The legislature may provide by law for the regulation of such lotteries.

Sec: 25. Uniform county and township government. The Legislature shall establish a system of County and Township Government which shall be uniform throughout the State.

Sec: 26. Boards of county commissioners: Election and duties. The Legislature shall provide by law, for the election of a Board of County Commissioners in each County, and such County Commissioners shall jointly and individually perform such duties as may be prescribed by law.

Sec: 27. Disqualification of jurors; elections. Laws shall be made to exclude from serving on juries, all persons not qualified electors of this State, and all persons who shall have been convicted of bribery, perjury, foregery [forgery,] larceny or other high crimes, unless restored to civil rights; and laws shall be passed regulating elections, and prohibiting under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

Sec: 28. Compensation of legislative officers and employees; increase or decrease of compensation. No money shall be drawn from the State Treasury as salary or compensation to any officer or employee of the Legislature, or either branch thereof, except in cases where such salary or compensation has been fixed by a law in force prior to the election or appointment of such officer or employee; and the salary or compensation so fixed, shall neither be increased nor diminished so as to apply to any officer or employee of the Legislature, or either branch thereof at such Session; Provided, that this restriction shall not apply to the first session of the Legislature.

Sec: 29. Duration of regular and special sessions. [Repealed in 1958.]

Sec: 30. Homesteads: Exemption from forced sale; joint consent required for alienation; recording of declaration. A homestead as provided by law, shall be exempt from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife when that relation exists; but no property shall be exempt from sale for taxes or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; Provided, the provisions of this Section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife, and laws shall be enacted providing for the recording of such homestead within the County in which the same shall be situated[.]

Sec. 31. Property of married persons. All property, both real and personal, of a married person owned or claimed by such person before marriage, and that acquired afterward by gift, devise or descent, shall be the separate property of such person. The legislature shall more clearly define the rights of married persons in relation to their separate property and other property.

Sec. 32. County officers: Power of legislature; election, duties and compensation; duties of county clerks. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

Sec: 33. Compensation of members of legislature; payment for postage, stationery and other expenses; additional allowances for officers. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

Sec: 34. Election of United States Senators. In all elections for United States Senators, such elections shall be held in joint convention of both Houses of the Legislature. It shall be the duty of the Legislature which convenes next preceding the expiration of the term of such Senator, to elect his successor. If a vacancy in such Senatorial representation from any cause occur, it shall be the duty of the Legislature then in Session or at the succeeding Session thereof, to supply such vacancy[.] If the Legislature shall at any time as herein provided, fail to unite in a joint convention within twenty days after the commencement of the Session of the Legislature for the election [of] such Senator it shall be the duty of the Governor, by proclamation to convene the two Houses of the Legislature in joint convention, within not less than five days nor exceeding ten days from the publication of his proclamation, and the joint convention when so assembled shall proceed to elect the Senator as herein provided.

Sec: 35. Bills to be presented to governor; approval; disapproval and reconsideration by legislature; failure of governor to return bill. Every bill which may have passed the Legislature, shall, before it becomes a law be presented to the Governor. If he approve it, he shall sign it, but if not he shall return it with his objections, to the House in which it originated, which House shall cause such objections to be entered upon its journal, and proceed to reconsider it; If after such reconsideration it again pass both Houses by yeas and nays, by a vote of two thirds of the members elected to each House it shall become a law notwithstanding the Governors objections. If any bill shall not be returned within five days after it shall have been presented to him (Sunday excepted) exclusive of the day on which he received it, the same shall be a law, in like manner as if he had signed it, unless the Legislature by its final adjournment, prevent such return, in which case it shall be a law, unless the Governor within ten days next after the adjournment (Sundays excepted) shall file such bill with his objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislature at its next Session, in like manner as if it had been returned by the Governor, and if the same shall receive the vote of two-thirds of the members elected to each branch of the Legislature, upon a vote taken by yeas and nays to be entered upon the journals of each house, it shall become a law.

[Sec. 36.] Abolishment of county; approval of voters in county. The legislature shall not abolish any county unless the qualified voters of the county affected shall at a general or special election first approve such proposed abolishment by a majority of all the voters voting at such election. The legislature shall provide by law the method of initiating and conducting such election.

Section 37. Continuity of government in case of enemy attack; succession to public offices; legislative quorum requirements; relocation of seat of government. The legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for immediate and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations, including changes in quorum requirements in the legislature and the relocation of the seat of government. In the exercise of the powers hereby conferred, the legislature shall conform to the requirements of this constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay.

Sec. 37[A]. Consolidation of city and county containing seat of government into one municipal government; separate taxing districts. Notwithstanding the general provisions of sections 20, 25, 26, and 36 of this article, the legislature may by law consolidate into one municipal government, with one set of officers, the city designated as the seat of government of this state and the county in which such city is situated. Such consolidated municipality shall be considered as a county for the purpose of representation in the legislature, shall have all the powers conferred upon counties by this constitution or by general law, and shall have such other powers as may be conferred by its charter. Notwithstanding the general provisions of section 1 of article 10, the legislature may create two or more separate taxing districts within such consolidated municipality.

Sec. 38. Use of plant of genus Cannabis for medical purposes.

1. The legislature shall provide by law for:

(a) The use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment.

(b) Restriction of the medical use of the plant by a minor to require diagnosis and written authorization by a physician, parental consent, and parental control of the acquisition and use of the plant.

(c) Protection of the plant and property related to its use from forfeiture except upon conviction or plea of guilty or nolo contendere for possession or use not authorized by or pursuant to this section.

(d) A registry of patients, and their attendants, who are authorized to use the plant for a medical purpose, to which law enforcement officers may resort to verify a claim of authorization and which is otherwise confidential.

(e) Authorization of appropriate methods for supply of the plant to patients authorized to use it.

2. This section does not:

(a) Authorize the use or possession of the plant for a purpose other than medical or use for a medical purpose in public.

(b) Require reimbursement by an insurer for medical use of the plant or accommodation of medical use in a place of employment.

ARTICLE. 5.

Executive Department.

Sec. 1.Supreme executive power vested in governor.

2.Election and term of governor.

3.Eligibility; qualifications; number of terms.

4.Returns of general election transmitted to secretary of state; canvass by supreme court; declaration of election.

5.Governor is commander in chief of state military forces.

6.Transaction of executive business; reports of executive officers.

7.Responsibility for execution of laws.

8.Vacancies filled by governor.

9.Special sessions of legislature; business at special session.

10.Governor’s message.

11.Adjournment of legislature by governor.

12.Person holding federal office ineligible for office of governor.

13.Pardons, reprieves and commutations of sentence; remission of fines and forfeitures.

14.Remission of fines and forfeitures; commutations and pardons; suspension of sentence; probation.

15. The Great Seal.

16.Grants and commissions: Signatures and seal.

17.Election, term, qualifications and duties of Lieutenant Governor; President of Senate; President Pro-tempore of Senate to act as Governor in certain circumstances.

18.Vacancy in office of governor; duties to devolve upon lieutenant governor.

19.Other state officers: Election and term of office; eligibility for office.

20.Secretary of state: Duties.

21.Board of state prison commissioners; board of examiners; examination of claims.

22.Duties of certain state officers.

Section. 1. Supreme executive power vested in governor. The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada.

Sec: 2. Election and term of governor. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Legislature, and shall hold his office for Four Years from the time of his installation, and until his successor shall be qualified.

Sec. 3. Eligibility; qualifications; number of terms. No person shall be eligible to the office of Governor, who is not a qualified elector, and who, at the time of such election, has not attained the age of twenty five years; and who shall not have been a citizen resident of this State for two years next preceding the election; nor shall any person be elected to the office of Governor more than twice; and no person who has held the office of Governor, or acted as Governor for more than two years of a term to which some other person was elected Governor shall be elected to the office of Governor more than once.

Section 4. Returns of general election transmitted to secretary of state; canvass by supreme court; declaration of election. The returns of every election for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the secretary of state, and the chief justice of the supreme court, and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, on a day to be fixed by law, and open and canvass the election returns for United States senator and member of Congress, district and state officers, and for and against any questions submitted to the electors of the State of Nevada, and forthwith declare the result and publish the names of the persons elected and the results of the vote cast upon any question submitted to the electors of the State of Nevada. The persons having the highest number of votes for the respective offices shall be declared elected, but in case any two or more have an equal and the highest number of votes for the same office, the legislature shall, by joint vote of both houses, elect one of said persons to fill said office.

Sec: 5. Governor is commander in chief of state military forces. The Governor shall be Commander in Chief of the Military forces of this State except when they shall be called into the service of the United States.

Sec: 6. Transaction of executive business; reports of executive officers. He shall transact all executive business with the Officers of the Government Civil and Military; and may require information in writing, from the Officers of the Executive Department, upon any subject relating to the duties of their respective Offices.

Sec: 7. Responsibility for execution of laws. He shall see that the laws are faithfully executed.

Sec: 8. Vacancies filled by governor. When any Office shall, from any cause become vacant and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission which shall expire at the next election and qualification of the person elected to such Office.

Sec: 9. Special sessions of legislature; business at special session. The Governor may on extraordinary occasions, convene the Legislature by Proclamation and shall state to both houses when organized, the purpose for which they have been convened, and the Legislature shall transact no legislative business, except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in Session.

Sec: 10. Governor’s message. He shall communicate by Message to the Legislature at every regular Session the condition of the State and recommend such measures as he may deem expedient[.]

Sec: 11. Adjournment of legislature by governor. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; Provided, it be not beyond the time fixed for the meeting of the next Legislature.

Sec: 12. Person holding federal office ineligible for office of governor. No person shall, while holding any office under the United States Government hold the office of Governor, except as herein expressly provided.

Sec: 13. Pardons, reprieves and commutations of sentence; remission of fines and forfeitures. The Governor shall have the power to suspend the collection of fines and forfeitures and grant reprieves for a period not exceeding sixty days dating from the time of conviction, for all offenses, except in cases of impeachment. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the Legislature should fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor by his order may direct. The Governor shall communicate to the Legislature, at the beginning of every session, every case of fine or forfeiture remitted, or reprieve, pardon, or commutation granted, stating the name of the convict, the crime of which he was convicted, the Sentence, its date, and the date of the remission, commutation, pardon or reprieve.

Sec. 14. Remission of fines and forfeitures; commutations and pardons; suspension of sentence; probation.

1. The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, except as provided in subsection 2, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.

2. Except as may be provided by law, a sentence of death or a sentence of life imprisonment without possibility of parole may not be commuted to a sentence which would allow parole.

3. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.

Sec: 15. The Great Seal. There shall be a Seal of this State, which shall be kept by the Governor and used by him Officially, and shall be called “The Great Seal of the State of Nevada.”

Sec: 16. Grants and commissions: Signatures and seal. All grants and commissions shall be in the name and by the authority of the State of Nevada, sealed with the Great Seal of the State, signed by the Governor and counter-signed by the Secretary of State.

Sec: 17. Election, term, qualifications and duties of Lieutenant Governor; President of Senate; President Pro-tempore of Senate to act as Governor in certain circumstances. A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor and his term of Office, and his eligibility, shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President pro-tempore of the Senate shall act as Governor until the vacancy be filled or the disability cease.

Sec: 18. Vacancy in office of governor; duties to devolve upon lieutenant governor. In case of the impeachment of the Governor, or his removal from Office, death, inability to discharge the duties of the said Office, resignation or absence from the State, the powers and duties of the Office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when the Governor shall with the consent of the Legislature be out of the State, in time of War, and at the head of any military force thereof, he shall continue Commander in Chief of the military forces of the State.

Sec. 19. Other state officers: Election and term of office; eligibility for office.

1. A secretary of state, a treasurer, a controller, and an attorney general, shall be elected at the same time and places, and in the same manner as the governor. The term of office of each shall be the same as is prescribed for the governor.

2. Any elector shall be eligible to any of these offices, but no person may be elected to any of them more than twice, or more than once if he has previously held the office by election or appointment.

Sec: 20. Secretary of state: Duties. The Secretary of State shall keep a true record of the Official Acts of the Legislative and Executive Departments of the Government, and shall when required, lay the same and all matters relative thereto, before either branch of the Legislature.

Sec: 21. Board of state prison commissioners; board of examiners; examination of claims. The Governor, Secretary of State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to examine all claims against the State (except salaries or compensation of Officers fixed by law) and perform such other duties as may be prescribed by law, and no claim against the State (except salaries or compensation of Officers fixed by law) shall be passed upon by the Legislature without having been considered and acted upon by said “Board of Examiners.”

Section 22. Duties of certain state officers. The secretary of state, state treasurer, state controller, attorney general, and superintendent of public instruction shall perform such other duties as may be prescribed by law.

ARTICLE. 6.

Judicial Department.

Sec. 1.Judicial power vested in court system.

2.Supreme court: Composition; staggered terms of justices; holding of court by panels of justices and full court.

3.Justices of supreme court: Election; terms; chief justice.

4.Jurisdiction of supreme court; appointment of district judge to sit for disabled or disqualified justice.

5.Judicial districts; election and terms of district judges.

6.District Courts: Jurisdiction; referees; family court.

7.Terms of court.

8.Number, qualifications, terms of office and jurisdiction of justices of the peace; appeals; courts of record.

9.Municipal courts.

10. Fees or perquisites of judicial officers.

11.Justices and judges ineligible for other offices.

12.Judge not to charge jury respecting matters of fact; statement of testimony and declaration of law.

13.Style of process.

14. One form of civil action.

15.Compensation of judges.

16.Special fee in civil action for compensation of judges.

17.Absence of judicial officer from state; vacation of office.

18.Territorial judicial officers not superseded until election and qualification of successors.

19.Administration of court system by chief justice.

20.Filling of vacancies occurring before expiration of term of office in supreme court or among district judges; commission on judicial selection. [Effective through November 26, 2002, and after that date if the proposed amendment is not approved by the voters at the 2002 general election.]

20.Filling of vacancies occurring before expiration of term of office in supreme court or among district judges; commission on judicial selection. [Effective November 27, 2002, if the proposed amendment is approved by the voters at the 2002 general election.]

21.Commission on judicial discipline; code of judicial conduct.

Section 1. Judicial power vested in court system. The Judicial power of this State shall be vested in a court system, comprising a Supreme Court, District Courts, and Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.

Sec. 2. Supreme court: Composition; staggered terms of justices; holding of court by panels of justices and full court.

1. The supreme court consists of the chief justice and two or more associate justices, as may be provided by law. In increasing or diminishing the number of associate justices, the legislature shall provide for the arrangement of their terms so that an equal number of terms, as nearly as may be, expire every 2 years.

2. The legislature may provide by law:

(a) If the court consists of more than five justices, for the hearing and decision of cases by panels of no fewer than three justices, the resolution by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.

(b) For the places of holding court by panels of justices if established, and by the full court.

Sec: 3. Justices of supreme court: Election; terms; chief justice. The Justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of Six Years from and including the first Monday of January next succeeding their election; Provided, that there shall be elected, at the first election under this Constitution, Three Justices of the Supreme Court who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four, and continue in Office thereafter, Two, Four and Six Years respectively, from and including the first Monday of January next suceeding [succeeding] their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of Office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the Senior Justice in Commission shall be Chief Justice; and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.

Sec. 4. Jurisdiction of supreme court; appointment of district judge to sit for disabled or disqualified justice. The supreme court shall have appellate jurisdiction in all civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district court in the state or before any judge of said courts.

In case of the disability or disqualification, for any cause, of the chief justice or one of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in the supreme court.

Sec. 5. Judicial districts; election and terms of district judges. The state is hereby divided into Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the Districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the Office. At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who shall possess co-extensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges may preside on the empanneling [empaneling] of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.

Sec. 6. District Courts: Jurisdiction; referees; family court.

1. The District Courts in the several Judicial Districts of this State have original jurisdiction in all cases excluded by law from the original jurisdiction of justices’ courts. They also have final appellate jurisdiction in cases arising in Justices Courts and such other inferior tribunals as may be established by law. The District Courts and the Judges thereof have power to issue writs of Mandamus, Prohibition, Injunction, Quo‑Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction. The District Courts and the Judges thereof shall also have power to issue writs of Habeas Corpus on petition by, or on behalf of any person who is held in actual custody in their respective districts, or who has suffered a criminal conviction in their respective districts and has not completed the sentence imposed pursuant to the judgment of conviction.

2. The legislature may provide by law for:

(a) Referees in district courts.

(b) The establishment of a family court as a division of any district court and may prescribe its jurisdiction.

Sec. 7. Terms of court. The times of holding the Supreme Court and District Courts shall be as fixed by law. The terms of the Supreme Court shall be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the District Courts shall be held at the County seats of their respective counties unless the Legislature otherwise provides by law.

Sec. 8. Number, qualifications, terms of office and jurisdiction of justices of the peace; appeals; courts of record. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.

The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.

The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the District Courts, and such other Courts, as the Legislature shall designate, shall be Courts of Record.

Sec: 9. Municipal courts. Provision shall be made by law prescribing the powers[,] duties and responsibilities of any Municipal Court that may be established in pursuance of Section One, of this Article; and also fixing by law the jurisdiction of said Court so as not to conflict with that of the several courts of Record.

Sec: 10. Fees or perquisites of judicial officers. No Judicial Officer, except Justices of the Peace and City Recorders shall receive to his own use any fees or perquisites of Office[.]

Sec. 11. Justices and judges ineligible for other offices. The justices of the supreme court and the district judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected or appointed; and all elections or appointments of any such judges by the people, legislature, or otherwise, during said period, to any office other than judicial, shall be void.

Sec: 12. Judge not to charge jury respecting matters of fact; statement of testimony and declaration of law. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.

Sec: 13. Style of process. The style of all process shall be “The State of Nevada” and all prosecutions shall be conducted in the name and by the authority of the same.

Sec: 14. One form of civil action. There shall be but one form of civil action, and law and equity may be administered in the same action.

Sec: 15. Compensation of judges. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be increased or diminished during the term for which they shall have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.

Sec: 16. Special fee in civil action for compensation of judges. The Legislature at its first Session, and from time to time thereafter shall provide by law, that upon the institution of each civil action, and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding, in the several Courts of Record in this State, a special Court fee, or tax shall be advanced to the Clerks of said Courts, respectively by the party or parties bringing such action or proceeding, or taking such appeal and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law.

Sec: 17. Absence of judicial officer from state; vacation of office. The Legislature shall have no power to grant leave of absence to a Judicial Officer, and any such Officer who shall absent himself from the State for more than Ninety consecutive days, shall be deemed to have vacated his Office[.]

Sec: 18. Territorial judicial officers not superseded until election and qualification of successors. No Judicial Officer shall be superceeded [superseded] nor shall the Organization of the several Courts of the Territory of Nevada be changed until the election and qualification of the several Officers provided for in this article[.]

Sec. 19. Administration of court system by chief justice.

1. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:

(a) Apportion the work of the supreme court among justices.

(b) Assign district judges to assist in other judicial districts or to specialized functions which may be established by law.

(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause or defeated for retention in office, and may assign him to appropriate temporary duty within the court system.

2. In the absence or temporary disability of the chief justice, the associate justice senior in commission shall act as chief justice.

3. This section becomes effective July 1, 1977.

Sec. 20. Filling of vacancies occurring before expiration of term of office in supreme court or among district judges; commission on judicial selection. [Effective through November 26, 2002, and after that date if the proposed amendment is not approved by the voters at the 2002 general election.]

2. The term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.

3. Each nomination for the supreme court shall be made by the permanent commission, composed of:

(a) The chief justice or an associate justice designated by him;

(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

4. Each nomination for the district court shall be made by a temporary commission composed of:

(a) The permanent commission;

(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and

5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.

7. An appointing authority shall not appoint to the permanent commission more than:

(a) One resident of any county.

(b) Two members of the same political party.

No member of the permanent commission may be a member of a commission on judicial discipline.

8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.

If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.

Sec. 20. Filling of vacancies occurring before expiration of term of office in supreme court or among district judges; commission on judicial selection. [Effective November 27, 2002, if the proposed amendment is approved by the voters at the 2002 general election.]

1. When a vacancy occurs before the expiration of any term of office in the supreme court or among the district judges, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection. Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the first general election that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.

2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.

3. Each nomination for the supreme court shall be made by the permanent commission, composed of:

(a) The chief justice or an associate justice designated by him;

(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

4. Each nomination for the district court shall be made by a temporary commission composed of:

(a) The permanent commission;

(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and

7. An appointing authority shall not appoint to the permanent commission more than:

(a) One resident of any county.

(b) Two members of the same political party.

No member of the permanent commission may be a member of a commission on judicial discipline.

Sec. 21. Commission on judicial discipline; code of judicial conduct.

1. A justice of the supreme court, a district judge, a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired, removed or otherwise disciplined by the commission on judicial discipline. Pursuant to rules governing appeals adopted by the supreme court, a justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.

2. The commission is composed of:

(a) Two justices or judges appointed by the supreme court;

(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and

The commission shall elect a chairman from among its three lay members.

3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.

4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.

5. The legislature shall establish:

(a) In addition to censure, retirement and removal, the other forms of disciplinary action that the commission may impose;

(b) The grounds for censure and other disciplinary action that the commission may impose, including, but not limited to, violations of the provisions of the code of judicial conduct;

(d) The confidentiality or nonconfidentiality, as appropriate, of proceedings before the commission, except that, in any event, a decision to censure, retire or remove a justice or judge must be made public.

6. The supreme court shall adopt a code of judicial conduct.

7. The commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties.

8. No justice or judge may by virtue of this section be:

(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or

(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.

9. Any matter relating to the fitness of a justice or judge may be brought to the attention of the commission by any person or on the motion of the commission. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter shall be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.

10. If a proceeding is brought against a justice of the supreme court, no justice of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.

11. The commission may:

(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;

(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;

(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and

(d) Exercise such further powers as the legislature may from time to time confer upon it.

ARTICLE. 7.

Impeachment and Removal from Office.

Sec. 1.Impeachment: Trial; conviction.

2.Officers subject to impeachment.

3.Removal of supreme court justice or district judge.

4.Removal of other civil officers.

Section. 1. Impeachment: Trial; conviction. The Assembly shall have the sole power of impeaching. The concurrence of a majority of all the members elected, shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon Oath or Affirmation, to do justice according to Law and Evidence. The Chief Justice of the Supreme court, shall preside over the Senate while sitting to try the Governor or Lieutenant Gover