Keith Mack
In the state of Nevada, a law can be repealed through a process that involves the legislature and, in some cases, a vote of the people. For instance, a section of the Nevada Constitution, Section 16, which granted foreigners the same rights as native-born citizens regarding property possession, enjoyment, and inheritance, was repealed in 1924 following a vote of the people at the general election. Similarly, the repeal of Section 8, which mandated an annual poll tax for male residents between 21 and 60 years old, was proposed by the 1963 legislature, passed by the 1965 legislature, and ultimately ratified by the people in the 1966 general election. Changes to initiated amendments require majority votes in two consecutive legislative sessions and majority approval in a statewide election. Notably, statutes enacted through a veto referendum process cannot be repealed or amended without a vote of the people. In addition to legislative action and popular vote, ballot measures play a role in the repeal of laws in Nevada, with each measure providing a clear summary of its impact on existing laws.
| Characteristics | Values |
|---|---|
| Who can repeal a law? | The people of Nevada |
| Who drafts the ballot summary? | The secretary of state in consultation with the attorney general |
| Who can withdraw an initiative? | Designated initiative campaign representatives |
| When can a law be repealed? | After three years of an initiated statute being approved |
| When can changes to initiated amendments be made? | After majority votes in two consecutive regular legislative sessions and majority approval at a statewide election |
| When can a law be repealed by the Nevada State Legislature? | After three years of an initiated statute being approved |
| When was Section 16 of the Constitution of the State of Nevada repealed? | 1924 |
| When was Section 2 of the Constitution of the State of Nevada repealed? | 1966 |
| When was Section 4 of the Constitution of the State of Nevada repealed? | 1972 |
| When were Rules 150 through 203.5 of the Supreme Court Rules repealed? | 2006 |
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What You'll Learn
The Nevada Constitution outlines the process for repealing a law
The Nevada Constitution, which came into effect on October 31, 1864, outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The process of repealing a law in Nevada typically involves proposing a repealer, which must be passed by the state legislature, agreed to and passed by the subsequent legislature, and finally approved and ratified by the people at a general election. This process is demonstrated in the repeal of Section 16 of the original constitution, which guaranteed foreigners the same rights as native-born citizens regarding the possession, enjoyment, and inheritance of property. The repealer was proposed and passed by the 1921 legislature, agreed to and passed by the 1923 legislature, and approved and ratified by the people at the 1924 general election.
Another example is the repeal of Section 4 of the original constitution, which addressed the right of suffrage for individuals in military or naval service. The repealer was proposed and passed by the 1969 legislature, agreed to and passed by the 1971 legislature, and approved and ratified by the people at the 1972 general election.
Additionally, the Nevada Constitution has provisions to prevent certain types of laws from being passed in the first place. For instance, Section 15 states that no bill of attainder, ex-post-facto law, or law impairing the obligation of contracts shall ever be passed.
The people of Nevada have the power to directly repeal laws through their votes at general elections. For instance, in 1958, the people voted to repeal a section of the original constitution that allowed the first regular session of the legislature to extend up to ninety days, while limiting subsequent regular sessions to sixty days and special sessions convened by the governor to twenty days.
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Nevada's per se law for THC may be repealed
The per se law for THC in Nevada establishes that if an individual is shown to have a blood concentration level at or above a certain percent, that person will be considered intoxicated by law. The state's DUI laws prohibit a driver from operating a motor vehicle with any detectable level of marijuana or a marijuana metabolite present in the blood above a threshold level. Typically, expert testimony is used to determine whether the presence of cannabis metabolites impaired the driver at the time of the DUI arrest.
Recently, the Assembly Judiciary Committee was told in testimony that the law saying drivers are guilty of a DUI because they have a measurable level of THC in their blood should be repealed. Experts now believe there is no relationship between the THC in someone's blood and impairment. The same experts say the existing standard is not evidence-based and prefer to rely on field impairment tests instead of an absolute blood test standard. This is especially pertinent to medical marijuana users who would likely always test above the state's blood THC maximum.
As marijuana legalization continues to spread throughout the country, lawmakers and politicians are taking a zero-tolerance approach to impaired driving with marijuana. As such, per se laws will be fought in court, and it will be up to the prosecution and defense to present their best cases. Some states may move to repeal per se laws if enough evidence is presented showing they do not actually prevent impaired driving.
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Nevada's abortion ban has not been repealed
Nevada is the only U.S. state with a law that explicitly criminalizes women for ending their pregnancies. People who violate the law can be charged with manslaughter, a felony with a sentence of one to 10 years in prison. In 2021, a woman named Frazier served two years in jail before being released on appeal. However, her case remains open and prosecutors could decide to retry her.
In 2025, Democratic Nevada state Senator Rochelle Nguyen introduced a bill to repeal the century-old law. However, the proposal, Senate Bill 139, failed to gain any co-sponsors or receive a hearing. Reproductive rights groups in the state decided not to lobby for the bill, as they claimed that doing so could impact the final passage of a constitutional amendment to codify abortion access.
The bill's failure to advance was due in part to a decision by leaders of the Democratic Party in Nevada, including Senate Majority Leader Nicole Cannizzaro and Speaker of the Assembly Steve Yeager, to have a "'quiet session' on reproductive rights." This decision was made despite the election of Donald Trump, which some believed would prompt a change in the state's old laws.
The bill also faced opposition from Planned Parenthood Votes Nevada, who argued that repealing the 1911 law could impact the final passage of Question 6, a citizen-led ballot measure that would enshrine abortion access into the state constitution. They also claimed that the old law dealt with abortions later in pregnancy, a topic that major groups tend to avoid.
While Nevada has taken some steps to protect abortion access, such as passing an interstate shield law in 2023 and allocating $6 million in funding for reproductive assistance measures, the state's abortion ban has not been repealed. As a result, people like Frazier remain at risk of prosecution under the law.
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Nevada repealed a section of its constitution in 1972
The Nevada Constitution is the highest law within the U.S. state of Nevada. It defines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens. It is subordinate to the U.S. Constitution.
The Nevada Constitution was framed by a convention of delegates chosen by the people. The convention met in Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the first Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada. On October 31, 1864, President Lincoln proclaimed that Nevada was admitted into the Union on an equal footing with the original states.
The original, signed copy of the Nevada Constitution has been retained and is stored in the office of the secretary of state. However, it has been amended or superseded by amendment several times. When the original text has been amended or a new provision has been added, the source of the amendment or addition is indicated in a source note following the amended or new section.
In 1972, Nevada repealed a section of its constitution. The section, amended in 1956 and repealed in 1972, read:
> "The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their entry into such service; and provided further, that the payment of a poll tax shall not be required as a condition to the right of voting. Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution."
This section was proposed and passed by the 1969 legislature, agreed to and passed by the 1971 legislature, and finally approved and ratified by the people at the 1972 general election.
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Nevada law allows for the withdrawal of initiatives before an election
In Nevada, designated initiative campaign representatives can withdraw an initiative up to 90 days before an election. This is in accordance with the laws governing the initiative process in the state.
Each measure is given a concise condensation and a more extended explanation, along with arguments for and against. The condensation and explanation are written by the secretary of state, in consultation with the attorney general. Special committees of supporters and opponents are formed to draft the arguments.
The ballot summary provided for each measure must provide a concise and clear summary of any existing laws directly related to the proposed measure and a summary of how the measure adds to, changes or repeals such existing laws.
Changes to initiated amendments must follow the ordinary legislative process, which consists of majority votes in two consecutive regular legislative sessions and majority approval at a statewide election. Statutes affirmed according to a veto referendum process and election may not be repealed or amended without a vote of the people.
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Frequently asked questions
A law in Nevada can be repealed through a majority vote in two consecutive regular legislative sessions and majority approval at a statewide election.
Yes, a law can be repealed by a vote of the people. For example, Sec. 16 of the Nevada Constitution, which gave foreigners the same rights as native-born citizens, was repealed in 1924 by a vote of the people.
No, an initiated statute cannot be repealed by the Nevada State Legislature for three years after it is approved.
Yes, designated initiative campaign representatives can withdraw an initiative up to 90 days before an election.
Nevada hasn't repealed its 1911 abortion ban because reproductive rights groups decided not to lobby for the bill as they claimed it could impact the final passage of a constitutional amendment to codify abortion access.
