Justia Election Law Opinion Summaries

Articles Posted in Supreme Court of Nevada
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The Supreme Court affirmed the judgment of the district court denying Appellant's action arguing that a new election was required pursuant to Nev. Rev. Stat. 293.465, holding that Appellant's challenge to the November 3, 2020 general election for Clark County Commission District C failed.Appellant ran in the general election for the Clark County Commission District C. Appellant lost by a margin of fifteen votes. In this action, Appellant argued that a new election was required because the number of irregularities in the conduct of the election exceeded the narrow margin of victory. The district court denied relief, finding that the election was not prevented within the meaning of section 293.465. The Supreme Court affirmed, holding (1) Appellant's challenge did not warrant a new election under section 293.465 because nothing "prevented" the election from occurring or voters from casting their votes; and (2) once an election takes place and the voters have voted, any challenge to the donut of the election must proceed by way of an election contest brought under Nev. Rev. Stat. 293.407-.435. View "Anthony v. Miller" on Justia Law

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In 1976, Nevada’s voters approved the creation of the Commission on Judicial Discipline through constitutional amendment. In this case, a group of individuals within the City of North Las Vegas sought to remove a municipal judge through a special recall election rather than through the system of judicial discipline established by the majority of voters in 1976. The municipal judge sought an emergency injunction from the district court and also filed a complaint challenging the legal sufficiency of the recall petition. The district court denied all of the municipal judge’s claims, concluding that judges are “public officers” subject to recall under the Nevada Constitution and that the form of the petition did not violate the judge’s constitutional rights. The Supreme Court reversed, holding that the recall petition against the municipal judge was invalid because the drafters of the constitutional amendment at issue and the electorate who approved it intended that recall no longer be an available means of removing a judge from office. View "Honorable Catherine Ramsey v. City of North Las Vegas" on Justia Law

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The Nevada Constitution prohibits the Legislature from amending or repealing a voter-initiated statute for three years after it takes effect. Scenic Nevada, Inc. qualified an initiative for submission to general-election voters in 2000. The initiative passed, and the Initiative Ordinance, which related to the construction of new billboards, became effective. Within three years of the new law’s effective date, the City of Reno enacted two billboard-related ordinances, the Conforming Ordinance and the Banking Ordinance, which amended the Initiative Ordinance. In 2012, the City enacted the Digital Ordinance, which reenacted and amended the Conforming and Banking Ordinances. Scenic Nevada sued the City, seeking to invalidate the Digital Ordinance because it incorporated the Conforming and Banking Ordinances, which were enacted within the first three years of the voters’ 2000 Initiative Ordinance. The district court entered judgment for the City, concluding that the three-year legislative moratorium does not apply to municipal initiatives. The Supreme Court affirmed, holding (1) the three-year legislative moratorium applies to municipal initiatives; and (2) although the City enacted the Conforming and Banking Ordinances within three years of its passage, the subsequent reenactment of those ordinances after the three-year legislative moratorium cured the constitutional defect. View "Scenic Nevada, Inc. v. City of Reno" on Justia Law