“State legislatures exercise the powers that are delegated to them by the people. The organization and powers of a public body cannot be changed by its members; any change must be made by the authority that created it-the people.” (National Conference of State Legislatures summary of Mason’s Manual for Legislative Bodies)
Mason’s Manual for Legislative Bodies provides the framework for how most state legislatures, including Nevada, conduct business. The above statement from the NCSL provides a key reason why Mason’s and not Roberts Rules of Order, the standard for parliamentary procedure, is used; only the people can change its powers.
Given this, it is easy and reasonable to equate the electorate to any other parliamentary body when it comes to voting. The nomination process and primary election serve as the motion and second. The general election is the vote by the body on the motion. This is why the inclusion of Ranked Choice Voting (RCV) in Section 45, Voting Procedure of Roberts Rules of Orderas Preferential Voting is highly relevant to the general election process as detailed in the Nevada Election Modernization and Reform Act (NEMRA).
In Section 45, the requirement for a majority, not plurality winner is central. The use of Ranked Choice / Instant Runoff Voting (RCV / IRV) in the general election, as provided for in NEMRA guarantees the winner of any election does so after receiving no less than 50 percent plus one of the votes cast. In NEMRA, this tally can be achieved in the primary, upon the count of first-choice votes in the general election, or after second-choice votes are added, if necessary. As I highlighted the day after the election, both Congressman-elect Hardy and Attorney General Laxalt, along with 13 other winners at county and city level did not achieve the majority threshold.
Ensuring the winner of an election does so with a majority of at least 50 percent plus one of the votes cast is not a new concept. It is, in fact, the accepted standard as noted in Roberts. This guarantee is one of the many benefits of NEMRA. When added with:
Broadening the scope and depth of discussion on issues
Increasing voter knowledge and awareness of the issues
Potentially increase voter turnout
Potentially reducing campaign costs
Encouraging voters who believe their vote does not matter to return to the polls
Potentially attracting jobs to Nevada
Providing an atmosphere where political parties can regain lost membership
Providing a benefit to taxpayers, and
Allowing candidates who hold moderate views to express them
the adoption and implementation of NEMRA holds only positive outcomes for the citizens of Nevada.