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Nevada > Statutes > Elections Applicability and Administration

N.R.S. 293.1265 – Inapplicability of certain laws to members or members-elect of Legislature; plenary and exclusive jurisdiction and power of each House over certain matters

Overview of Statute

This section reserves the supremacy of the Nevada Constitution where state laws conflict with Section 6, Article 4 of the Nevada Constitution.

Statute

1.  The provisions of this chapter or any other provision of law relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution, including, without limitation, any provision relating to the jurisdiction and power of each House of the Legislature to judge of the qualifications, elections and returns of its members, punish its members for disorderly conduct or expel or remove its members from office.

2.  Each House of the Legislature has plenary and exclusive jurisdiction and power concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution, and a member or member-elect of the Legislature cannot be disqualified from entering upon, taking, holding or exercising any powers or duties of the office unless disqualified by his or her own House.

3.  A person becomes a member-elect of the Legislature on the day next after his or her election pursuant to Sections 3 and 4 of Article 4 of the Nevada Constitution and, on and after that date:

(a) Each House of the Legislature has plenary and exclusive jurisdiction and power with regard to the member-elect concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution; and

(b) No action may be brought or maintained against the member-elect or the House concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution.

4.  If there is a conflict between any other provision of law and the provisions of this section, the provisions of this section control.

(Added to NRS by 2017, 3295)

Definition [Person]

1.  A natural person;

2.  Any form of business or social organization;

3.  Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or

4.  A government, governmental agency or political subdivision of a government.

See Nev. Rev. Stat. § 294A.009.