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Taking the Initiatives

QUESTION 1

“MARSY’S LAW”

Also known as a crime victim’s bill of rights, this will amend the Nevada Constitution to incorporate a long list of rights for victims, defined as “any person directly and proximately harmed by the commission of a crime” under any state law. The measure was passed by the Legislature in 2015 and again in 2017, after which, like all amendments, it went to the people for review. Now it will be engrossed into the state constitution. Opponents predicted it will create new burdens in the criminal justice system, especially because of provisions that create the right of victims to refuse interview or deposition requests absent a court order, as well as the right to a timely disposition of the case following a suspect’s arrest. It’s not inconceivable that legal clashes may arise.

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QUESTION 2

THE “PINK TAX”

This measure, which exempts feminine hygiene products from state and local sales taxes, was placed on the ballot by a bill passed in the 2017 Legislature. State Sen. Yvanna Cancela, D-Las Vegas, sponsored the measure because she and her co-sponsors believe it is unfair to tax a necessity of life that affects women specifically. The change goes effect January 1. A fiscal note attached to the measure estimated the yearly cost to state government at between $5 million and $7.1 million, while local governments stand to lose between $930,000 and $1.3 million annually. (Clark County accounts for between $750,000 and $1 million of those totals, respectively.) Unless there’s another vote of the people to continue the exemption, it will expire on December 31, 2028.

 

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QUESTION 3

ENERGY CHOICE

This initiative, which would have amended the constitution to end NV Energy’s monopoly control of electricity services in Nevada, was the hardest-fought measure of the election, with millions spent to promote and defeat it. It also represents the largest swing in Nevada initiative history: It won approval on the 2016 ballot with a 72 percent “yes” vote, but was defeated this year by a 67 percent “no” vote. Because constitutional amendments have to be approved by voters in two successive elections, Question 3 is dead. But that doesn’t mean the issue is dead; most observers expect the idea to return to the 2019 Legislature, with attempts to introduce some form of energy choice by statute. Of course, the reason proponents chose the constitutional route — their inability to get legislation through a gauntlet of NV Energy lobbyists — has not changed and may play out again in 2019.

 

QUESTION 4

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MEDICAL DEVICE TAX EXEMPTION

This initiative, which passed in 2016, and by 67 percent to 33 percent this year, will amend the constitution to require the Legislature to exempt from taxes medical devices such as oxygen tanks and mobility scooters. It’s intended to give older and disabled Nevadans relief on devices they need, but which are often out of reach. The amendment won’t actually deliver the tax relief until the Legislature passes the exemption and it’s signed by the governor. Like Question 2, it will cost the state treasury. But how much is anyone’s guess, since the specific nature of the exemption won’t be spelled out until the Legislature acts. 

 

QUESTION 5

AUTOMATIC VOTER REGISTRATION

The Legislature never overturned one of Gov. Brian Sandoval’s vetoes, but, in a sense, the people have. Question 5 was originally proposed in an initiative, which went to the Legislature. Lawmakers enacted the policy, which says anyone who applies for a driver's license or state ID card, or who changes an address on one of those documents, will be automatically registered to vote. You’d have to opt-out in writing. Sandoval vetoed the bill, saying people have the right to decide whether to register. It went to the ballot, where voters overrode the governor’s veto. Now, the secretary of state, DMV, and county clerks will work to implement a system to store and transmit voter info from the DMV to election authorities.

 

QUESTION 6

“50 BY 30”

This voter initiative would require energy providers to generate 50 percent of the power they sell in Nevada from renewable sources by 2030. Nevada’s current standard — set by law, not by the constitution — is 25 percent by 2025. Because this is a constitutional amendment, it must pass again in 2020 to take effect. But proponents are urging the Legislature to take note of its popularity (it passed 59 percent to 41 percent) and implement it sooner. Katie Robbins, campaign manager for the pro-Question 6 effort: “The people of Nevada have made a clear statement about the future they want, and they should not have to wait for it to become a reality.” However, even if the 2019 Legislature agrees, the measure will still appear on the 2020 ballot.