NEVADA CONSTITUTION
CONGRESSIONAL TERM LIMITS ACT OF 1996
Cong. §A | BALLOT TITLE
Cong. §B | PREAMBLE TO THE CONGRESSIONAL TERM LIMITS ACT OF 1996
Nevertheless Congress has ignored our desire for Term Limits not only by proposing excessively long terms for its own members but also by utterly refusing to pass an amendment for genuine Congressional term limits. Congress has a clear conflict of interest in proposing a term limits amendment to the United States Constitution. A majority of both Republicans and Democrats in the 104th Congress voted against a constitutional amendment containing the term limits passed by a wide margin of Nevada voters.
The People, not Congress, should set Term Limits. We hereby establish as the official position of the Citizens and State of Nevada that our elected officials should enact by Constitutional Amendment congressional Term Limits of three (3) terms in the United States House of Representatives, and of two (2) terms in the United States Senate.
The career politicians dominating Congress have a conflict of interest that prevents Congress from being what the Founders intended, the branch of government closest to the people. The politicians have refused to heed the will of the people for term limits; they have voted to dramatically raise their own pay; they have provided lavish million dollar pensions for themselves; and they have granted themselves numerous other privileges at the expense of the people. Most importantly, members of Congress have enriched themselves while running up huge deficits to support their spending. They have put the government nearly $5,000,000,000,000.00 (five trillion dollars) in debt, gravely threatening the future of our children and grandchildren.
The corruption and appearance of corruption brought about by political careerism is destructive to the proper functioning of the first branch of our representative government. Congress has grown increasingly distant from the People of the States. The People have the sovereign right and a compelling interest in creating a citizen Congress that will more effective protect our freedom and prosperity. This interest and right may not effectively be served in any way other than that proposed by this initiative.
We hereby state our intentions on behalf of the People of Nevada, that this Amendment lead to the adoption of the following Constitutional Amendment:
CONGRESSIONAL TERM LIMITS AMENDMENT
Section 1.
No person shall serve in the office of the United States Representative for more than three terms, but upon ratification of this amendment no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms.Section 2.
No person shall serve in the office of United States Senator for more than two terms, but upon ratification of this amendment no person who has held the office of United States Senator or who then holds the office shall serve for more than one additional term.Section 3.
This article shall have no time limit within which it must be ratified by the legislatures of three-fourths of the several States.Therefore, We, the People of the State of Nevada, have chosen to amend the state constitution to inform voters regarding incumbent and non-incumbent federal and state legislative candidates’ support for the above proposed CONGRESSIONAL TERM LIMITS AMENDMENT.
Cong. §C | VOTER INSTRUCTION ON TERM LIMITS FOR MEMBERS OF CONGRESS
2. All primary and general election ballots shall have printed the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” adjacent to the name of any United States Senator or Representative who:
b. fails to second the proposed Congressional Term Limits Amendment set forth above if it lacks for a second before any proceeding of the legislative body or;
c. fails to propose or otherwise bring to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above or;
d. fails to vote in favor of all votes bringing the proposed Congressional Term Limits Amendment set forth above before any committee or subcommittee of the respective house upon which he or she serves or;
e. fails to reject any attempt to delay, table or otherwise prevent a vote by the full legislative body of the proposed Congressional Term Limits Amendment set forth above or;
f. fails to vote against any proposed constitutional amendment that would establish longer term limits than those in the proposed Congressional Term Limits Amendment set forth above regardless of any other actions in support of the proposed Congressional Term Limits Amendment set forth above or;
g. sponsors or cosponsors any proposed constitutional amendment or law that would establish longer term limits than those in the proposed Congressional Term Limits Amendment set forth above, or;
h. fails to ensure that all votes on Congressional Term Limits are recorded and made available to the public.
Cong. §D | VOTER INSTRUCTION ON TERM LIMIT PLEDGE FOR NON-INCUMBENTS
2. The “Term Limits” pledge shall be offered to non-incumbent candidates for United States Senator and Representative, and the Nevada Legislature until a Constitutional Amendment which limits the number of terms of United States Senators to no more than two and United States Representatives to no more than three shall have become part of our United States Constitution.
3. The “Term Limits” pledge that each non-incumbent candidate, set forth above, shall be offered is as follows:
I support term limits and pledge to use all my legislative powers to enact the proposed Constitutional Amendment set forth in the Term Limits Act of 1996. If elected, I pledge to vote in such a way that the designation “DISREGARDED VOTER INSTRUCTION ON TERM LIMITS” will not appear adjacent to my name.
Signature of Candidate
Cong. §E | VOTER INSTRUCTION ON TERM LIMITS FOR STATE LEGISLATORS
2. Application:
We, the People and Legislature of the State of Nevada, due to our desire to establish term limits on Congress, hereby make application to Congress, pursuant to our power under Article 5, to call a convention for proposing amendments to the Constitution.3. All primary and general election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any respective member of the Nevada Legislature who:
b. fails to second the application set forth above if it lacks for a second or;
c. fails to vote in favor of all votes bringing the application set forth above before any committee or subcommittee upon which he or she serves;
d. fails to propose or otherwise bring to a vote of the full legislative body the application set forth above if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the application set forth above or;
e. fails to vote against any attempt to delay, table or otherwise prevent a vote by the full legislative body of the application set forth above or;
f. fails in any way to ensure that all votes on the application set forth above are recorded and made available to the public or;
g. fails to vote against any change, addition or modification to the application set forth above or;
h. fails to vote in favor of the amendment set forth above if it is sent to the states for ratification or;
i. fails to vote against any term limits amendment, with longer terms if such an amendment is sent to the states for ratification.
5. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of candidates for the Nevada Legislature as required by any of subsections 3 (h) through 3 (i) if the State of Nevada has ratified the proposed Congressional Term Limits Amendment set forth in this act.
6. The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of candidates for the Nevada Legislature as required by any of subsections 3 (a) through 3 (i) if the proposed Congressional Term Limits Amendment set forth above has become part of the United States Constitution.
Cong. §F | DESIGNATION
“DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS”OR“DECLINED TO PLEDGE TO SUPPORT TERM LIMITS.”
2. The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (1) of this section and may rely on such comments and any information submitted by the candidates in making the determination required in subsection (1).3. The Secretary of State, in accordance with subsection (1) of this section shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent federal legislator if he or she was to be a candidate in the next election. In the case of United States Representatives and United States Senators, this determination and declaration shall be made in a fashion necessary to ensure the orderly printing of primary and general election ballots with allowance made for all legal action provided in section (5) and (6) below, and shall be based upon each member of Congress’s action during their current term of office and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election. In the case of incumbent state legislators, this determination and declaration shall be made not later than (30) days after the end of the regular session following each general election, and shall be based upon legislative action in the previous regular session and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election.
4. The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of non-incumbent candidates for the state and federal legislatures, not later than five (5) business days after the deadline for filing for the office.
5. If the Secretary of State makes the determination that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall not be placed on the ballot adjacent to the name of a candidate for the federal or state legislature, any elector may appeal such decision within five (5) business days to the Nevada Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this Act and therefore should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
6. If the Secretary of State determines that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall be placed on the ballot adjacent to a candidate’s name, the candidate may appeal such decision within (5) business days to the Nevada Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
7. The Supreme Court shall hear the appeal provided for in subsection (5) and issue a decision within 60 days. The Supreme Court shall hear the appeal provided for in subsection (6) and issue a decision not later than 61 days before the date of the election.
Cong. §G | AUTOMATIC REPEAL
Cong. §H | JURISDICTION
Cong. §I | SEVERABILITY
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