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In 1905, an amendment giving voters the power of
referendum was approved by the Nevada legislature and ratified by the voters by
a margin of five to one.
By 1909, initiative supporters included acting
governor Denver S. Dickerson and U.S. Senator Francis G. Newlands, architect of
the Newlands Reclamation Act of 1901, which set up the Federal Bureau of
Reclamation and provided for the construction of dams and canals to irrigate the
arid lands of the western states. An amendment establishing the initiative
process passed the legislature and was approved by Nevada voters in 1912.
The first initiative to pass was a Prohibition
statute, approved by a 59 percent majority in 1918. In 1922, a change in the
divorce law was initiated by petition, sparking the legislature to place its own
alternative on the ballot also. The legislature's version passed, and the
initiative lost. In 1936, Nevadans rejected a pension initiative by a margin of
nearly three to one, but they changed their minds eight years later and approved
by a 53.5 percent margin another initiative to increase the state's old-age
benefits. During the 1950s business interests and labor unions clashed in three
successive elections over the "Right to Work" issue. Organized labor lost in all
three elections.
The battle began in 1952, when voters approved a
"Right to Work" measure by a slim 50.7 percent margin. Labor unions fought back
with a 1954 initiative to repeal the new law; Nevada voters defeated it by a
narrow margin of 51.4 percent. A second union-sponsored repeal initiative on the
1956 ballot was rejected by a 53.9 percent margin. Another union-backed
initiative on the same ballot sought to amend the state constitution to prohibit
"Right to Work" laws, but was rejected by an even more decisive margin of 57
percent.
In 1958, business interests responded with their own
initiative to end the dispute in employers' favor, simply by making it more
difficult to put initiatives on the ballot and more difficult to pass them.
Approved by a 61.9 percent majority, the new provision required that initiative
petitions meet signature quotas in three-quarters of the state's 17 counties. No
more could initiative proponents get all the signatures they needed from the
heavily populated Las Vegas and Reno areas. Another new requirement specified
that initiatives to amend the constitution be approved by voters twice, in two
successive elections, before taking effect. Nevada is the only state with such a
requirement.
In 1982, an initiative spurred the legislature to
pass a similar bill of its own creating a consumer advocate's office to deal
with utility matters. Both measures were on the ballot, but sponsors of the
initiative liked the legislature's version so much that they campaigned against
their own! Not surprisingly, the legislature's measure won the approval of the
voters.
In 1998, medical marijuana was legalized via the
initiative process as was a ban on same sex marriage in 2000.
This state history is based on research found in
David Schmidt's book, Citizen Lawmakers: The Ballot Initiative Revolution.
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