“State
legislatures exercise the powers that are delegated to them by the people. The
organization and powers of a public body cannot be changed by its members; any
change must be made by the authority that created it-the people.” (National
Conference of State Legislatures summary of Mason’s Manual for Legislative
Bodies)
Mason’s Manual for Legislative Bodies provides the framework
for how most state legislatures, including Nevada, conduct business. The above
statement from the NCSL provides a key reason why Mason’s and not Roberts Rules
of Order, the standard for parliamentary procedure, is used; only the people
can change its powers.
Given this, it is easy and reasonable to equate the
electorate to any other parliamentary body when it comes to voting. The
nomination process and primary election serve as the motion and second. The
general election is the vote by the body on the motion. This is why the
inclusion of Ranked Choice Voting (RCV) in Section
45, Voting Procedure of Roberts Rules of Order
as Preferential Voting is highly relevant
to the general election process as detailed in the Nevada Election
Modernization and Reform Act (NEMRA).
In Section 45, the
requirement for a majority, not plurality winner is central. The use of Ranked
Choice / Instant Runoff Voting (RCV / IRV) in the general election, as provided
for in NEMRA guarantees the winner of any election does so after receiving no
less than 50 percent plus one of the votes cast. In NEMRA, this tally can be
achieved in the primary, upon the count of first-choice votes in the general
election, or after second-choice votes are added, if necessary. As
I highlighted the day after the election, both Congressman-elect Hardy and
Attorney General Laxalt, along with 13 other winners at county and city level
did not achieve the majority threshold.
Ensuring the winner of an election does so with a majority
of at least 50 percent plus one of the votes cast is not a new concept. It is,
in fact, the accepted standard as noted in Roberts. This guarantee is one of
the many benefits of NEMRA. When added with:
Broadening the scope and depth of
discussion on issues
Increasing voter knowledge and
awareness of the issues
Potentially increase voter turnout
Potentially reducing campaign costs
Encouraging voters who believe
their vote does not matter to return to the polls
Potentially attracting jobs
to Nevada
Providing an atmosphere where
political parties can regain lost membership
Providing a benefit to taxpayers,
and
Allowing candidates who hold
moderate views to express them
the adoption and
implementation of NEMRA holds only positive outcomes for the citizens of Nevada.
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