AJR5 - Revises provisions relating to redistricting. (BDR C-802)

A.J.R. 5 - *AJR5* ASSEMBLY JOINT RESOLUTION NO. 5–ASSEMBLYMEMBER KASAMA PREFILED JANUARY 24, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to redistricting. (BDR C-802) 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. ASSEMBLY JOINT RESOLUTION—Proposing to amend the Nevada Constitution to make the Legislature subject, when establishing or revising boundaries of any legislative district, to the same provisions of law that are enacted by the Legislature and relate to the inspection and copying of public books and records as any other governmental entity and to make the Legislature subject to the same provisions of law that are enacted by the Legislature and relate to open meetings of public bodies. Legislative Counsel’s Digest: The Nevada Constitution gives exclusive power to each House of the 1 Legislature to determine the rules of its proceedings. (Nev. Const. Art. 4, § 6) 2 Under existing law, all public books and records of a governmental entity, the 3 contents of which are not otherwise declared by law to be confidential, must be 4 open at all times during office hours for inspection and copying by the public. 5 (NRS 239.010) Additionally under existing law, the Open Meeting Law: (1) 6 requires that meetings of public bodies be open and public, with limited exception; 7 (2) sets forth certain requirements for notice of such meetings; and (3) authorizes 8 the Attorney General to interpret and enforce the Open Meeting Law. (Chapter 241 9 of NRS) 10 The Nevada Constitution further provides that it is the mandatory duty of the 11 Legislature after the taking of the decennial census to: (1) fix by law the number of 12 Senators and the number of members of the Assembly; (2) determine the 13 boundaries of legislative districts; and (3) apportion the number of members of the 14 Senate and Assembly in each district. (Nev. Const. Art. 4, § 5) 15 This joint resolution proposes to amend the Nevada Constitution to make the 16 Legislature and its members, when establishing or revising the boundaries of any 17 legislative district, subject to the same provisions of law that are enacted by the 18 – 2 – - *AJR5* Legislature and relate to: (1) open meetings of public bodies; and (2) the inspection 19 and copying of public books and records as any other governmental entity. 20 RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF 1 NEVADA, JOINTLY, That Section 5 of Article 4 of the Nevada 2 Constitution be amended to read as follows: 3 Sec. 5. 1. Senators and members of the Assembly shall be 4 duly qualified electors in the respective counties and districts 5 which they represent, and the number of Senators shall not be 6 less than one-third nor more than one-half of that of the 7 members of the Assembly. 8 2. It shall be the mandatory duty of the Legislature at its 9 first session after the taking of the decennial census of the 10 United States in the year 1950, and after each subsequent 11 decennial census, to fix by law the number of Senators and 12 Assemblymen, and apportion them among the several 13 counties of the State, or among legislative districts which may 14 be established by law, according to the number of inhabitants 15 in them, respectively. 16 3. When establishing or revising the boundaries of any 17 legislative district pursuant to subsection 2, the Legislature 18 and its members are subject to the same provisions of law 19 that are enacted by the Legislature and relate to: 20 (a) Open meetings of public bodies; and 21 (b) The inspection and copying of public books and 22 records as any other governmental entity. 23 And be it further 24 RESOLVED, That Section 6 of Article 4 of the Nevada 25 Constitution be amended to read as follows: 26 [Sec:] Sec. 6. [Each] Except as otherwise provided in this 27 Constitution, each House shall judge of the qualifications, 28 elections and returns of its own members, choose its own 29 officers (except the President of the Senate), determine the 30 rules of its proceedings and may punish its members for 31 disorderly conduct, and with the concurrence of two thirds of 32 all the members elected, expel a member. 33 And be it further 34 RESOLVED, That this resolution becomes effective upon 35 passage. 36 H