Read the Measure
STATE QUESTION NO. 3
Amendment to the Nevada Constitution
CONDENSATION (Ballot Question)
Shall the Nevada Constitution be amended to allow all Nevada voters the right to participate in open primary elections to choose candidates for the general election in which all voters may then rank the remaining candidates by preference for the offices of U.S. Senators, U.S. Representatives, Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, and State Legislators?
Yes ☐✓ No ☐
EXPLANATION & DIGEST
EXPLANATION
— This initiative, if enacted, changes Articles 5 and 15 of Nevada’s Constitution for U.S. Congressional, Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, and State Legislator elections, eliminating partisan primaries and establishing an open top-five primary election and a ranked-choice voting general election.For these offices, all candidates and voters participate in a single primary election regardless of party affiliation or non-affiliation. The top five finishers advance to the general election, and the general election winner is determined by ranked-choice voting:
- General election voters will rank the candidates in order of preference from first to last, if they wish to rank more than just their first preference.
- As currently provided for during certain primary races, a general election candidate receiving first-choice votes of more than 50% is declared winner.
- If no candidate is the first choice of more than 50% of the voters in the general election, the candidate with the fewest votes is eliminated. Each voter who had ranked the now- eliminated candidate as their first choice, has their single vote transferred to their next highest choice candidate.
- This tabulation process repeats until the one candidate with more than 50% support is determined as the winner.
If passed, the Legislature would need to adopt implementing legislation by July 1, 2025. These changes would go into effect for the 2026 election cycle, starting with the primary election in June 2026.
A “Yes” vote would amend Articles 5 & 15 of the Nevada Constitution to allow all Nevada voters the right to participate in open primary elections to choose candidates for the general election in which all voters may then rank the remaining candidates by preference for theoffices of U.S. Senators, U.S. Representatives, Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, and State Legislators.
A “No” vote would retain the provisions of Articles 5 & 15 of the Nevada Constitution in their current form.
DIGEST
—Under current law, Nevada primary elections are closed elections in which the “candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election by a vote of the voters registered to each respective major political party” (NRS 293.175). Only registered voters of a major political party may take part in the selection of the candidates for a major political party for the general election during a primary election. Voters registered to a minor party or not affiliated with a party may only vote for nonpartisan contests during a primary election.Article 15, section 14 of the Nevada Constitution currently provides that a plurality of votes given at an election by the people, shall constitute a choice. This means that the candidate who receives the majority of the votes, regardless of whether or not it is a majority (more than 50%) of the votes cast, is identified as the winner of that contest.
If approved by the voters, this ballot measure would return on the ballot of the general election in 2024. If passed then as well, it would amend the Nevada Constitution to change the primary election so that all voters, regardless of their party affiliation, would be able to cast votes for all candidates. This would change the primary election from a means for major political parties to identify their candidate for the general election and make it instead a means to simply reduce the total number of candidates whose names will appear on the ballot at the general election for partisan office. Under this change, no more than five candidates shall advance to the ballot of the general election for partisan office.
This ballot measure would also change the manner of selection for the offices of U.S. Senators, U.S. Representatives, Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, and State Legislators such that the voters would be able to rank their candidates by preference in the general election. The changes identified in this ballot measure would not apply to the office of President or Vice-President of the United States. Under this new system, voters would be able to list, or rank, the candidates of their choice by preference, identifying on their ballot up to five candidates for each partisan contest in their order of preference. Votes would be tabulated in a manner that determines if a candidate is highest-ranked on a majority of the active ballots, then that candidate is deemed elected and the tabulation is complete. If no candidate is highest-ranked on a majority of the active ballots, tabulation would proceed in sequential rounds as outlined in Section 7 of the proposed constitutional amendment until the candidate with a majority of the votes is declared winner.
Under existing law, ballots for statewide office must include an option for voters to select “None of These Candidates” (NRS 293.269). Under the proposed changes, any votes for “None of These Candidates” shall be tabulated, recorded, and made public, but would not be counted for the purpose of electing or ranking any candidates for partisan office.
Finally, this ballot measure requires that the legislature create or modify existing statutes by July 1, 2025 in order to effect the implementation of these changes to the Nevada Constitution.
ARGUMENTS FOR PASSAGE
The current partisan election process is not working for Nevada. Current law excludes over one third of all Nevada voters from the taxpayer-funded partisan primary elections.1 These closed partisan primaries are controlled by political party insiders and no citizen should be compelled to join a political party so as to vote.2
Despite being funded on the backs of all taxpayers 3, Nevada’s partisan primaries are only open to Nevadans who register as Republican or Democrat.4 This current system leaves out many voters and entitles a very small, partisan minority to determine the general election candidates.5
The closed partisan primary system leaves many feeling like their voices don’t matter, and that their elected leaders only represent the most extreme party constituents.6 Our leaders are often more concerned with angry partisan rhetoric rather than sensible policy making. Question 3 will greatly improve Nevada’s election process, putting the power of elections where it belongs - in the hands of all voters, rather than the party establishment.7
Question 3 will give ALL Nevada voters the right to participate regardless of their party registration.8 By creating an open primary, Question 3 allows all voters a voice in all those who appear on the general election ballot regardless of party affiliation.9
In addition to giving Nevadans more voice, Question 3 will also give voters more choice by establishing a Ranked-Choice general election system.10 Ranked-Choice is a simple change to our general elections that allows voters the opportunity to rank up to five candidates who best represent their positions, rather than having to choose between the “lesser of two evils”.11 Nevadans will list the candidates in order of preference; however, ranking is not required, and voters can continue to simply vote for their top choice if they so choose.12 The candidate who receives the broadest support from all voters will be the winner.13 This simple change encourages candidates to focus on issues that matter to the majority rather than the partisan bases of the parties.14
Question 3 ensures that every Nevadan’s voice is heard and that every vote matters, regardless of party registration, and makes elected officials more accountable to all Nevadans.15
Vote YES and give Nevadans more choice and more voice in our elections.
The above argument was submitted by the Ballot Question Committee composed of citizens in favor of this question as provided for in NRS 293.252. Committee members: Sondra Cosgrove (Chair), Pat Hickey, and Doug Goodman. This argument, with active hyperlinks, can also be found at www.nvsos.gov.
1 https://thenevadaindependent.com/article/non-major-party-voters-now-make-up-majority-of-registered-nevada-
voters-for-first-time-in-state-history (noting that 34.8% of voters consists of non-partisan or minor party
voters). 2 NRS 293.175 specifies that only candidates for partisan office of
a major political party can appear on primary ballot.
3 Pursuant to NRS Chapter 293, primary elections are currently used as
the nominating process for major political parties even though the elections
are conducted by the government at taxpayer expense. NRS 293.175.
4 NRS
293.175 specifies that only candidates for partisan office of a major
political party can appear on primary ballot.
5 Id.
6 https://www.congressionalinstitute.org/2017/02/03/study-voters-frustrated-that-their-voices-are-not-heard/;https://www.uniteamerica.org/strategy/nonpartisan-primaries (Address how elected officials must appeal and answer to the small
minority of voters who participate in partisan primaries); https://www.fairvote.org/research_rcvcampaigncivility
7 Initiative’s amendment to add Article 15, Section 17(1)(c)
specifying that “[a]ny registered voter may cast a primary ballot for any
candidate for partisan office regardless of the political party affiliation
of the voter ....”
8 Initiative’s amendment to add Article 15, Section
17(1)(c).
9 Initiative’s amendment to add Article 15, Section 17(1)(c)
specifying that “[a]ny registered voter may cast a primary ballot for any
candidate for partisan office regardless of the political party affiliation
of the voter ....”
10 Initiative’s amendment to add Article 15, Section
18.
11 Initiative’s amendment to add Article 15, Section 18(7),
specifying that if no single candidate is the first ranked choice of 50%
plus 1 of all votes, the tabulation process continues until the candidate
with the most support among all voters is determined.
12 Initiative’s
amendment to add Article 15, Section 18(8).
13 Initiative’s amendment
to add Article 15, Section 18(7), specifying that if no single candidate is
the first ranked choice of 50% plus 1 of all votes, the tabulation process
continues until the candidate with the most support among all voters is
determined.
14 Initiative’s amendment to add Article 15, Section 18(7),
specifying that if no single candidate is the first ranked choice of 50%
plus 1 of all votes, the tabulation process continues until the candidate
with the most support among all voters is determined. As such, candidates
must now appeal to the majority of all voters, not just the partisan voters
that can presently participate.
15 Id.