Child v. Lomax, 124 Nev. 600

Summary

The Supreme Court of Nevada considered a petition for a writ of mandamus challenging Barbara Buckley's eligibility to seek reelection to the Nevada State Assembly under the state's 12-year term-limit amendment. The court held that mandamus was an appropriate vehicle for the challenge because of the issue's statewide importance, and it upheld the validity and enforceability of the constitutional amendment. The court concluded that Buckley's term beginning November 6, 1996, preceded the amendment's November 27, 1996, effective date and therefore did not count toward the term limit, so it denied the petition.

Holdings

1. A petition for a writ of mandamus may be used to challenge a State Assembly candidate's qualifications on term-limit grounds when the statutory remedy is inadequate and the matter presents statewide importance requiring prompt clarification.
2. Nevada Constitution Article 4, Section 3(2), imposing a 12-year term limit on State Assembly service, was validly adopted through the initiative process and is enforceable.
3. A State Assembly member's term of office begins on the day after the member's election, not after the Supreme Court canvasses the election results.
4. Buckley's Assembly term beginning November 6, 1996, did not count toward the 12-year term limit because the term-limit amendment became effective on November 27, 1996.

Questions Presented

1. Whether an original petition for a writ of mandamus was an appropriate means to challenge a State Assembly candidate's qualifications on term-limit grounds despite the availability of statutory election-challenge procedures.
2. Whether Nevada Constitution Article 4, Section 3(2), imposing a 12-year limit on service in the State Assembly, was validly adopted and enforceable.
3. Whether a State Assembly member's term of office begins on the day after the election or after the Supreme Court canvasses the election results for purposes of calculating service under the term-limit amendment.
4. Whether Buckley's term beginning November 6, 1996, counted toward the 12-year limitation that became effective November 27, 1996.

Disposition

writ_denied