S.J.R. 6
- *SJR6*
SENATE JOINT RESOLUTION NO. 6–SENATOR HANSEN
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Proposes to amend the Nevada Constitution to create
an independent redistricting commission.
(BDR C-748)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
SENATE JOINT RESOLUTION—Proposing to amend the Nevada
Constitution to remove the constitutional provisions
governing the Legislature’s authority to apportion
Senators and members of the Assembly among counties
or legislative districts of the State and create the
Independent Redistricting Commission vested with
the power to apportion Senators and members of the
Assembly in the Legislature and members of the United
States House of Representatives among districts
established by the Commission.
Legislative Counsel’s Digest:
Article 4 of the Nevada Constitution requires the Legislature to apportion 1
Senators and members of the Assembly among the counties or legislative districts 2
of the State after each decennial census. (Nev. Const. Art. 4, § 5) This resolution 3
proposes to amend the Nevada Constitution to remove the constitutional provisions 4
that require the Legislature to apportion Senators and members of the Assembly 5
and, instead, create the Independent Redistricting Commission to apportion 6
Senators, members of the Assembly and representatives in the United States House 7
of Representatives among legislative districts established by the Commission. 8
This resolution proposes adding new sections to the Nevada Constitution to 9
create the Independent Redistricting Commission and requires the Commission to 10
apportion representatives of the United States House of Representatives among 11
congressional districts established by the Commission. This proposed amendment 12
to the Nevada Constitution requires the Commission to apportion Senators, 13
members of the Assembly and members of the United States House of 14
Representatives beginning in 2031 and after each subsequent decennial census of 15
the United States. 16
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This proposed amendment to the Nevada Constitution requires: (1) the 17
Commission to be composed of seven members who are registered and eligible to 18
vote in this State; and (2) the Senate Majority Leader, Senate Minority Leader, 19
Speaker of the Assembly and Assembly Minority Leader to each appoint one 20
member. The remaining three members are: (1) required to be appointed by the four 21
members appointed by the legislative officers; and (2) prohibited from being 22
registered or affiliated with the largest or second largest political party for at least 4 23
years immediately preceding their appointment. This proposed amendment to the 24
Nevada Constitution requires the members of the Commission to serve terms for 25
the duration of the obligations of a census cycle. 26
This proposed amendment to the Nevada Constitution also specifies the criteria 27
that the Commission is required to use in adopting a redistricting plan. 28
This proposed amendment to the Nevada Constitution provides for certain 29
provisions of these constitutional amendments to remain in effect in the event that 30
any other provision is deemed unconstitutional. 31
If this joint resolution is passed by the 2025 Legislature, it must also be passed 32
by the next Legislature and then approved and ratified by the voters in an election 33
before the proposed amendments to the Nevada Constitution become effective. 34
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 1
NEVADA, JOINTLY, That a new section, designated Section 5A, be 2
added to Article 4 of the Nevada Constitution to read as follows: 3
Sec. 5A. 1. There is hereby created within the 4
Legislative Department of the State Government the 5
Independent Redistricting Commission. It shall be the duty 6
of the Commission in the year 2031, and after each 7
subsequent decennial census of the United States, to 8
apportion the number of Senators and members of the 9
Assembly among legislative districts established by the 10
Commission and to apportion the number of representatives 11
in the United States House of Representatives among 12
congressional districts established by the Commission. 13
2. The Commission is composed of seven members who 14
are registered and eligible to vote in this State and who meet 15
the qualifications established in subsection 4. The Senate 16
Majority Leader, Senate Minority Leader, Speaker of the 17
Assembly and Assembly Minority Leader shall each appoint 18
one commissioner. 19
3. The four commissioners appointed pursuant to 20
subsection 2 shall appoint three additional commissioners, 21
each of whom must not have been registered or affiliated 22
with the largest or second largest political party for at least 23
4 years immediately preceding his or her appointment, 24
according to voter registration data published by the 25
Secretary of State as of January 1 of the redistricting year, 26
and none of whom, if registered or affiliated with a political 27
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party, is affiliated or registered with the same political party 1
as another commissioner. 2
4. Within the 4 years immediately preceding his or her 3
appointment and during his or her term, a commissioner 4
may not be: 5
(a) A registered lobbyist; 6
(b) A candidate for a federal, state or partisan local 7
office; 8
(c) An elected official to a federal, state or partisan local 9
office; 10
(d) An officer or member of the governing body of a 11
national, state or local political party; 12
(e) A paid consultant or employee of a federal, state or 13
partisan local elected official or candidate, political action 14
committee, committee sponsored by a political party or 15
committee that seeks to influence elections to federal, state 16
or partisan local offices; 17
(f) An employee of the State of Nevada, except for 18
employees in the Judicial Department of the State 19
Government, the Armed Forces of the United States or a 20
state institution of higher education; or 21
(g) Related within the third degree of consanguinity or 22
affinity to any person disqualified under paragraphs (a) to 23
(f), inclusive. 24
5. The term of office of each commissioner expires 25
once the Commission has completed its obligations for a 26
census cycle, but not before any judicial review of the 27
redistricting plan is complete, or upon the release of the 28
subsequent decennial census of the United States, 29
whichever is earliest. 30
6. All meetings of the Commission shall be open to the 31
public. The Commission shall ensure that the public has 32
opportunities to view, present testimony and participate in 33
hearings before the Commission. All Commission materials 34
are public records. 35
7. The Commission shall adopt rules to govern its 36
administration and operation. 37
8. The powers granted to the Commission are 38
legislative functions not subject to the control or approval of 39
the Legislature and are exclusively reserved to the 40
Commission. 41
And be it further 42
RESOLVED, That a new section, designated Section 5B, be added 43
to Article 4 of the Nevada Constitution to read as follows: 44
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Sec. 5B. 1. The Independent Redistricting 1
Commission shall draw districts for a redistricting plan 2
using the following criteria, in the order listed: 3
(a) Districts comply with the United States Constitution 4
and applicable federal law. 5
(b) Districts have an approximately equal number of 6
inhabitants. 7
(c) Districts are geographically contiguous. 8
(d) Districts are not drawn with the intent or result of 9
denying or abridging the equal opportunity of racial or 10
language minorities to participate in the political process or 11
elect representatives of their choice, whether by themselves 12
or voting in concert with other persons. 13
(e) Districts do not unduly advantage or disadvantage a 14
political party, when considered on a statewide basis. 15
(f) Districts reflect county, city and township 16
boundaries, to the extent practicable. 17
(g) Districts do not divide communities of interest, to the 18
extent practicable. Communities of interest are areas with 19
recognized similarities of interest, including, without 20
limitation, racial, ethnic, economic, social, cultural, 21
geographic or historic identities, but not including 22
communities based on political affiliation. 23
(h) Districts are reasonably compact. 24
(i) Districts are politically competitive, to the extent 25
practicable without impairing compliance with paragraphs 26
(a) to (h), inclusive. A district is politically competitive if 27
there is a reasonable potential for the party affiliation of the 28
district’s representative to change at least once between 29
each federal decennial census. 30
2. Not later than July 1, 2031, and not later than 180 31
days after each subsequent decennial census of the United 32
States, the Commission shall approve a redistricting plan 33
for the Nevada State Senate, the Nevada State Assembly and 34
all congressional districts in this State, after providing 35
public notice of each proposed final plan and allowing 36
sufficient time for public review and comment. The 37
Commission may only approve a final plan with at least five 38
affirmative votes, including at least one from a 39
commissioner registered with the largest political party, one 40
from a commissioner registered with the second largest 41
political party and one from a commissioner not registered 42
or affiliated with the largest or second largest political party, 43
according to voter registration data published by the 44
Secretary of State as of January 1 of the redistricting year. 45
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And be it further 1
RESOLVED, That a new section, designated Section 5C, be added 2
to Article 4 of the Nevada Constitution to read as follows: 3
Sec. 5C. If any part of Section 5A or 5B of this Article, 4
as applicable, is declared invalid, or the application thereof 5
to any person, thing or circumstance is held invalid, such 6
invalidity shall not affect the remaining provisions or 7
application of Section 5A or 5B of this Article, as 8
applicable, which can be given effect without the invalid 9
provision or application, and to this end the provisions of 10
Sections 5A and 5B of this Article are declared to be 11
severable. This section shall be construed broadly to 12
preserve and effectuate the purpose of Sections 5A and 5B 13
of this Article. 14
And be it further 15
RESOLVED, That Section 5 of Article 4 of the Nevada 16
Constitution be amended as follows: 17
Sec. 5. Senators and members of the Assembly shall be 18
duly qualified electors in the respective counties and districts 19
which they represent, and the number of Senators shall not be 20
less than one-third nor more than one-half of that of the 21
members of the Assembly. 22
It shall be the mandatory duty of the Legislature at its first 23
session after the taking of the decennial census of the United 24
States in the year 1950, and after each subsequent decennial 25
census, to fix by law the number of Senators and 26
[Assemblymen, and apportion them among the several 27
counties of the State, or among legislative districts which may 28
be established by law, according to the number of inhabitants 29
in them, respectively.] members of the Assembly. 30
And be it further 31
RESOLVED, That this resolution becomes effective upon 32
passage. 33
H