[Rev. 10/26/2015 11:36:19 AM]

LAWS OF THE STATE OF NEVADA

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κ1965 Statutes of Nevada, 11th Special Session, Page 1κ

 

LAWS OF THE STATE OF NEVADA

Passed at the

SPECIAL SESSION OF THE LEGISLATURE

1965

 

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CHAPTER 1, SB 1

Senate Bill No. 1–Senator Lamb

CHAPTER 1

AN ACT appropriating $150,000 from the general fund in the state treasury to the legislative fund.

 

[Approved October 28, 1965]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $150,000.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 2, AB 1

Assembly Bill No. 1–Messrs. Knisley and Gibson

CHAPTER 2

AN ACT to amend NRS section 218.050, relating to the number and apportionment of legislators, by declaring policy, increasing the number of senators and assemblymen, and creating legislative districts; to amend NRS sections 218.020 and 218.030, relating to the election of legislators, by providing for certificates of election in multicounty districts and for allotting long and short initial terms of senators; to amend NRS sections 293.185, 293.393 and 293.395, relating to candidacy filings and certificates of election, by providing for multicounty legislative districts; to amend NRS sections 218.060 and 218.080, relating to assembly districts, and chapter 218 of NRS, relating to the state legislature, by providing for legislative districts in Washoe and Storey counties, by providing for new assembly and for senatorial districts in Clark County, and by providing for the filling of vacancies; and providing other matters properly relating thereto.

 

[Approved November 15, 1965]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 218.050 is hereby amended to read as follows:

      218.050  1.  [The senate shall consist of 17 members, and the assembly shall consist of 37 members.

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 2 (Chapter 2, AB 1)κ

 

      2.  The apportionment of senators and assemblymen in the several counties of this state shall be as follows:

      Churchill County: 1 senator and 1 assemblyman.

      Clark County: 1 senator and 12 assemblymen.

      Douglas County: 1 senator and 1 assemblyman.

      Elko County: 1 senator and 2 assemblymen.

      Esmeralda County: 1 senator and 1 assemblyman.

      Eureka County: 1 senator and 1 assemblyman.

      Humboldt County: 1 senator and 1 assemblyman.

      Lander County: 1 senator and 1 assemblyman.

      Lincoln County: 1 senator and 1 assemblyman.

      Lyon County: 1 senator and 1 assemblyman.

      Mineral County: 1 senator and 1 assemblyman.

      Nye County: 1 senator and 1 assemblyman.

      Ormsby County: 1 senator and 1 assemblyman.

      Pershing County: 1 senator and 1 assemblyman.

      Storey County: 1 senator and 1 assemblyman.

      Washoe County: 1 senator and 9 assemblymen.

      White Pine County: 1 senator and 1 assemblyman.] The policy for apportionment of the legislature is declared to be:

      (a) To provide that the several members of the senate and of the assembly respectively shall represent substantially equal numbers of people, in compliance with the constitutions of the United States and of the State of Nevada.

      (b) To preserve the unity of the several counties as a basis for selecting representatives, in order to afford rational representation to homogeneous groups, in recognition of their governmental responsibilities as counties, and in recognition of their separate interest in local legislation.

      (c) To divide the state into legislative districts each composed of one or more contiguous whole counties, or of an area wholly within one county, and to apportion to each district a whole number of senators and assemblymen proportionate to its population.

      2.  The legislature finds as facts that:

      (a) Fourteen of the less populous counties of the state can be divided into six districts, each composed of whole counties and substantially equal in population.

      (b) If to each of the districts mentioned in paragraph (a) there are apportioned one senator and two assemblymen, whole numbers of senators and assemblymen respectively can be apportioned to each of the more populous counties, within the limits fixed by the constitution on the total number of legislators, to carry out the policy of representation according to population.

      3.  The senate shall consist of 20 members and the assembly shall consist of 40 members.

      4.  The following legislative districts are hereby created, and the following numbers of senators and assemblymen apportioned to each respectively:

      (a) Clark County: Eight senators and 16 assemblymen.

      (b) In Washoe and Storey counties, as divided pursuant to NRS 218.080:

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 3 (Chapter 2, AB 1)κ

 

             (1) Reno-North Tahoe-Verdi-Storey legislative district: Four senators and nine assemblymen.

             (2) Sparks-Sun Valley-Roop legislative district: One senator and three assemblymen.

             (3) One additional senator to be elected from the whole of Washoe and Storey counties as a floterial district.

      (c) Elko County: One senator and two assemblymen.

      (d) In Eureka, Humboldt, Lander and Pershing counties:

             (1) One senator to be elected in the four counties.

             (2) One assemblyman to be elected in Humboldt County.

             (3) One assemblyman to be elected in Eureka, Lander and Pershing counties.

      (e) In Churchill and Lyon counties:

             (1) One senator to be elected in the two counties.

             (2) One assemblyman to be elected in Churchill County.

             (3) One assemblyman to be elected in Lyon County.

      (f) Douglas and Ormsby counties: One senator and two assemblymen.

      (g) In Esmeralda, Mineral and Nye counties:

             (1) One senator to be elected in the three counties.

             (2) One assemblyman to be elected in an assembly district composed of Esmeralda and Nye counties and Mina township as created by the board of county commissioners of Mineral County and bounded on the effective date of this act.

             (3) One assemblyman to be elected in an assembly district composed of the remainder of Mineral County.

      (h) Lincoln and White Pine counties: One senator and two assemblymen.

      Sec. 2.  NRS 218.020 is hereby amended to read as follows:

      218.020  Assemblymen shall be chosen biennially, by the qualified electors of their respective districts, on the Tuesday next after the 1st Monday in November, and their term of office shall be 2 years from the day next after their election. Assemblymen shall receive certificates of election from: [the boards of county commissioners of their respective counties.]

      1.  The board of county commissioners, if elected from a district comprising but one or part of one county.

      2.  The governor, if elected from a district comprising more than one county.

      Sec. 3.  NRS 218.030 is hereby amended to read as follows:

      218.030  1.  Senators shall be chosen at the same time and places as assemblymen, by the qualified electors of their respective districts, and their term of office shall be 4 years from the day next after their election. Senators shall receive certificates of election from: [the boards of county commissioners of their respective counties.]

      (a) The board of county commissioners, if elected from a district comprising but one or part of one county.

      (b) The governor, if elected from a district comprising more than one county.

      2.  The terms of office of all incumbent state senators shall expire with the general election in 1966, and 20 senators shall be elected from the districts provided in subsection 4 of NRS 218.050 at such general election.

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 4 (Chapter 2, AB 1)κ

 

the districts provided in subsection 4 of NRS 218.050 at such general election.

      3.  The senators so elected shall, on a day to be fixed by the secretary of state which shall be subsequent to the canvass of the vote by the supreme court and prior to the convening of the next general or special session of the legislature, meet in the office of the secretary of state for the purpose of drawing lots to divide their initial terms into lengths of 2 and 4 years. The secretary of state shall prepare the lots and conduct the drawing in compliance with the following subsections.

      4.  The eight senators from Clark County shall draw lots to select four whose term of office shall be 4 years from the day next after their election and four whose term of office shall be 2 years from such day.

      5.  The six senators from Washoe County shall draw lots to select three whose term of office shall be 4 years from the day next after their election and three whose term of office shall be 2 years from such day.

      6.  The six senators from the single-senator districts shall draw lots to select three whose term of office shall be 4 years from the day next after their election and three whose term of office shall be 2 years from such day.

      7.  The secretary of state shall then certify the results of the drawing to the officials whose duty it is under subsection 1 to issue the respective certificates of election, and these officials shall issue such certificates showing the length of term accordingly.

      8.  Per diem allowances and travel expenses, as provided by law for senators, for attendance at the meeting provided in subsection 3 shall be a proper charge against the legislative fund.

      Sec. 4.  NRS 293.185 is hereby amended to read as follows:

      293.185  The declaration of candidacy, the certificate of candidacy and the acceptance of candidacy shall be filed during regular office hours, as follows:

      1.  For United States Senator, Representative in Congress, state offices, state senators and assemblymen to be elected from districts comprising more than one county, and all other offices whose districts comprise more than one county, with the secretary of state.

      2.  For district offices voted for wholly within one county, state senators [,] and assemblymen [,] to be elected from districts comprising but one or part of one county, county and township officers, with the county clerk.

      Sec. 5.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the 10th day after any general election, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes shall be prepared in such manner as the secretary of state shall prescribe by regulation.

      3.  The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for members of the legislature [,] if elected from a district comprising only that county or part thereof, district, county and township offices.

      4.  Each such certificate shall be delivered to the person elected upon application at the office of the county clerk.

      Sec. 6.  NRS 293.395 is hereby amended to read as follows:

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 5 (Chapter 2, AB 1)κ

 

      293.395  1.  The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract, and forthwith transmit the same to the secretary of state.

      2.  On the 4th Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for United States Senator and Representative in Congress, members of the legislature elected from districts comprising more than one county, district and state officers, and for and against any question submitted.

      3.  The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of such persons.

      Sec. 7.  NRS 218.080 is hereby amended to read as follows:

      218.080  1.  [Washoe County is divided into three assembly districts as follows:

      (a) All that portion of Washoe County not contained in Roop assembly district and Sparks assembly district as described in paragraphs (b) and (c) of this subsection shall be known as Reno assembly district with six assemblymen to be elected at large therein.

      (b) All that portion of Washoe County north of the township line common to Townships 21 and 22 North, M.D.B. & M., all that portion of Washoe County east of the range line common to Ranges 21 and 22 East, and all that portion of Washoe County west of the range line common to Ranges 18 and 19 East and north of the township line common to Townships 17 and 18 North shall be known as Roop assembly district with one assemblyman to be elected at large therein.

      (c) All that portion of Washoe County contained within the limits hereinafter set forth shall be known as Sparks assembly district with two assemblymen to be elected at large therein:

 

       Beginning at the intersection of the township line common to Townships 21 and 22 North and the range line common to Ranges 19 and 20 East; thence southerly along the range line common to Ranges 19 and 20 East to its intersection with the Truckee River; thence in an easterly direction employing the Truckee River as a boundary line to the intersection of the range line common to Ranges 21 and 22 East with the Truckee River; thence northerly along the range line common to Ranges 21 and 22 East to the intersection of the range line common to Ranges 21 and 22 East and the township line common to Townships 21 and 22 North; thence westerly along the township line common to Townships 21 and 22 North to the point of beginning.

 

      2.  Notwithstanding assembly district lines as described in this section by metes and bounds and by the natural boundary of the Truckee River, the Sparks assembly district shall include the whole of the incorporated City of Sparks at all times, and Reno assembly district shall include the whole of the City of Reno at all times.] Washoe and Storey counties are divided into two legislative districts as follows:

      (a) Storey County and the townships of Reno and Verdi, as created by the board of county commissioners of Washoe County and bounded on the effective date of this act, constitute Reno-North Tahoe-Verdi-Storey legislative district, with four senators and nine assemblymen to be elected at large therein.

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 6 (Chapter 2, AB 1)κ

 

by the board of county commissioners of Washoe County and bounded on the effective date of this act, constitute Reno-North Tahoe-Verdi-Storey legislative district, with four senators and nine assemblymen to be elected at large therein.

      (b) All the remainder of Washoe County constitutes Sparks-Sun Valley-Roop legislative district, with one senator and three assemblymen to be elected at large therein.

      2.  Notwithstanding legislative district lines as described in this section by reference to townships, the Reno-North Tahoe-Verdi-Storey legislative district shall include the whole of the City of Reno at all times, and the Sparks-Sun Valley-Roop legislative district shall include the whole of the City of Sparks at all times.

      3.  [Assemblymen] Senators and assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.

      4.  The county clerk of Washoe County shall, prior to all elections and as provided by law, establish the election precincts within the county in such manner that each election precinct for all elections at which any senators or assemblymen are to be elected, or nominated for election, shall be wholly within some one of the [assembly] legislative districts. The establishment of an election precinct for any such election which lies partly in two or more [assembly] legislative districts shall be void.

      Sec. 8.  NRS 218.060 is hereby amended to read as follows:

      218.060  1.  [Clark County is divided into five assembly districts as follows:

      (a) All that portion of Clark County comprising the election precincts of Nelson township and Searchlight township as established by the county clerk of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.

      (b) All that portion of Clark County comprising the election precincts of Bunkerville township, of Logandale township, of Mesquite township, of Moapa township and of Overton township as established by the county clerk of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large therein.

      (c) All that portion of Clark County comprising the election precincts of Henderson township as established by the county clerk of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large therein.

      (d) All that portion of Clark County comprising the city of North Las Vegas in Clark County shall be known as assembly district No. 5, with one assemblyman to be elected at large therein.

      (e) All the remaining portion of Clark County shall be known as assembly district No. 2, with eight assemblymen to be elected at large therein.] Clark County is divided into five assembly districts as follows:

      (a) The townships of Bunkerville, Goodsprings, Logandale, Mesquite, Moapa, Nelson, Overton and Searchlight, as established by the board of county commissioners of Clark County and as bounded on the effective date of this act, constitute assembly district No. 1, with one assemblyman to be elected at large therein.

      (b) The city of North Las Vegas, as its boundaries existing on the effective date of this act may continue or may be altered according to law, constitutes assembly district No.

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 7 (Chapter 2, AB 1)κ

 

effective date of this act may continue or may be altered according to law, constitutes assembly district No. 2, with two assemblymen to be elected at large therein.

      (c) The township of Henderson, as established by the board of county commissioners of Clark County and as bounded on the effective date of this act, constitutes assembly district No. 3, with two assemblymen to be elected at large therein.

      (d) All that portion of Clark County not contained in assembly districts Nos. 1 to 3, inclusive, constitutes assembly district No. 4, with nine assemblymen to be elected at large therein.

      (e) Assembly districts Nos. 2 and 4 together constitute a floterial district to be known as assembly district No. 5, with two assemblymen to be elected at large therein.

      2.  Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.

      Sec. 9.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10.  1.  Clark County is divided into four senatorial districts as follows:

      (a) The townships of Goodsprings, Henderson, Nelson and Searchlight, as established by the board of county commissioners of Clark County and as bounded on the effective date of this act, constitute senatorial district No. 1, with one senator to be elected at large therein.

      (b) The city of North Las Vegas, as its boundaries existing on the effective date of this act may continue or be altered according to law, constitutes senatorial district No. 2, with one senator to be elected at large therein.

      (c) All that portion of Clark County not contained in senatorial districts Nos. 1 and 2 constitutes senatorial district No. 3, with five senators to be elected at large therein.

      (d) Clark County as a whole constitutes a floterial district to be known as senatorial district No. 4, with one senator to be elected at large therein.

      2.  Senators shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.

      Sec. 11.  Where a vacancy occurs in the office of state senator or assemblyman and no biennial election or regular election at which county officers are to be elected takes place between the occurrence of such vacancy and the next regular or special session of the legislature, the board of county commissioners of the county from which such member was elected shall appoint a person of the same political party as the former incumbent to fill such vacancy. Where the senator or assemblyman was elected from a district comprising more than one county, such appointment shall be made by a joint board composed of all the county commissioners of each county within the district, under the chairmanship of the chairman of the board of county commissioners of the most populous county. If no person receives a plurality of the votes of the joint board, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee shall be chosen by drawing lots among the candidates so selected.

 


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κ1965 Statutes of Nevada, 11th Special Session, Page 8 (Chapter 2, AB 1)κ

 

      Sec. 12.  This act shall become effective on June 1, 1966, for the purpose of electing the members of the legislature at the general election in 1966, only if prior to that date it has been approved pursuant to the order of the United States District Court for the District of Nevada in Dungan v. Sawyer, being civil case No. 695. For all other purposes, and only if this act has been thus approved, it shall become effective on the day next after the election of members of the legislature at the general election in 1966.

 

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