Strickland v. Waymire

235 P.3d 605, 126 Nev. 230, 126 Nev. Adv. Rep. 25, 2010 Nev. LEXIS 24
CourtNevada Supreme Court
DecidedJuly 1, 2010
Docket55290, 55551
StatusPublished
Cited by29 cases

This text of 235 P.3d 605 (Strickland v. Waymire) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strickland v. Waymire, 235 P.3d 605, 126 Nev. 230, 126 Nev. Adv. Rep. 25, 2010 Nev. LEXIS 24 (Neb. 2010).

Opinion

*232 OPINION

By the Court,

Pickering, J.:

These consolidated appeals require us to interpret Article 2, Section 9 of the Nevada Constitution, which subjects every public officer in Nevada to recall by special election upon the filing of a qualifying recall petition signed by “not less than twenty-five percent (25%) of the number” of registered voters “who actually voted in the state or in the county, district, or municipality [that the officer] represents, at the election in which [the officer] was elected.” Nev. Const, art. 2, § 9.

The question presented is whose signature counts toward the 25 percent needed to qualify a recall petition. Is it any registered voter, as the district court held? Or must the signatures come from those registered voters who in fact — “actually”—voted at the election in which the public officer was elected,-as the Secretary of State and the Attorney General have concluded? Reasonable policy arguments exist on both sides. But Article 2, Section 9’s text and relevant history convince us that the latter reading is more faithful to the provision’s test and the evident understanding of the citizens who enacted it. We therefore reverse.

I.

Appellants Linda Strickland and Travis Chandler were elected to the Boulder City Council in 2007: Strickland as a result of achieving an absolute majority in the April 2007 primary; Chandler, in the June 2007 general election that followed. In 2008, separate recall petitions were circulated against each of them. Enough people signed to qualify the petitions, if the signers only needed to be registered voters. However, not everyone who signed the petitions actually voted in the 2007 primary and general elections that seated Strickland and Chandler, respectively. Counting only the signatures of people who voted in the relevant election, neither petition met the 25 percent needed to qualify.

Respondents are Boulder City citizens who submitted the petitions to recall Strickland and Chandler to the Secretary of State in June 2008. In March and May 2008, before the petitions were submitted, the Secretary of State and Attorney General issued separate letter rulings, in which they interpreted Article 2, Section 9 to require that a qualifying recall petition be signed by voters who actually voted in the officer’s election, comprising 25 percent of the total voter turnout for that election. Consistent with these rulings, the Secretary of State rejected the petitions to recall Strickland and Chandler. Dissatisfied, respondents sued pursuant to NRS 293.12795(3).

*233 Not much happened in the suit (beyond Strickland and Chandler intervening to support the defendant Secretary of State) until September 2009, when respondents moved for summary judgment. They based their motion mainly on Senate Bill (S.B.) 156, which the 2009 Nevada Legislature passed in response to the interpretations given Article 2, Section 9 of the Nevada Constitution by the Secretary of State and Attorney General and the failed recall petitions against Strickland and Chandler. S.B. 156 amends NRS 306.020(2), effective October 1, 2009, to provide that a “petition to recall a public officer may be signed by any registered voter of the [locale] that the public officer represents, regardless of whether the registered voter cast a ballot in the election at which the public officer was elected.” 2009 Nev. Stat., ch. 61, § 1, at 168.

By order dated January 7, 2010, the district court granted summary judgment, validating the recall petitions against Strickland and Chandler. This appeal timely followed. We ordered a stay pending briefing, argument, and decision and now reverse.

n.

A.

We begin with the text of Article 2, Section 9 of the Nevada Constitution, in particular, its first two and final sentences, which state:

Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. For this purpose, not less than twenty-five percent (25%) of the number who actually voted in the state or in the county, district, or municipality which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people. . . . Such additional legislation as may aid the operation of this section shall be provided by law.

The remaining text of Article 2, Section 9 is set out below. 1 In summary, it directs that the recall petition explain, in fewer than *234 200 words, why recall is demanded; that, if the petition qualifies, a special election must be called; and that other candidates may be . nominated for the special election, with the candidate who receives the most votes to finish the term.

In interpreting Article 2, Section 9, we, like the United States Supreme Court, “are guided by the principle that ‘[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.’ ” District of Columbia v. Heller, 554 U.S. 570, 576 (2008) (alteration in original) (quoting United States v. Sprague, 282 U.S. 716, 731 (1931)). “[W]hen a constitutional provision’s language is clear on its face, we will not go beyond that language in determining the voters’ intent.” Secretary of State v. Burk, 124 Nev. 579, 590, 188 P.3d 1112, 1120 (2008). Conversely, “[i]f a constitutional provision’s language is ambiguous, meaning that it is susceptible to ‘two or more reasonable but inconsistent interpretations,’ we may look to the provision’s history, public policy, and reason to determine what the voters intended.” Id. (footnote omitted) (quoting Gallagher v. City of Las Vegas, 114 Nev. 595, 599, 959 P.2d 519, 521 (1998)).

The goal of constitutional interpretation is “to determine the public understanding of a legal text” leading up to and “in the period after its enactment or ratification.” 6 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law § 23.32 (4th ed. 2008 & Supp. 2010). Not all legislative history is created equal. While “[contemporary construction of the Constitution is very relevant,” id., and “legislation enacted immediately following the *235 . . . adoption of an amendment [is given great weight] in determining the scope of a constitutional provision,” id.

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Bluebook (online)
235 P.3d 605, 126 Nev. 230, 126 Nev. Adv. Rep. 25, 2010 Nev. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-waymire-nev-2010.