Read more stories about 2008 ballot questions

State Question #1
Shall the Nevada Constitution be amended to eliminate an unconstitutional requirement that a person must reside in Nevada for 6 months prior to an election in order to be eligible to vote in that election?

Question 1 asks should Nevada's constitution be amended to eliminate an unconstitutional requirement in this state that a person must reside here for 6 months prior to an election in order to be eligible to vote in that election.

Nevada's original constitution was set up in 1864. Historians here say some of our constitution was based on California's state constitution.

Lorne Malkiewich, director of the Nevada Legislative Counsel Bureau, says at the time it probably made sense.

"In 1864 when the constitution was adopted, someone who had been here for 6 months had just arrived."

But in 1972 The US Supreme Court ruled that exceedingly long residency requirements for voting violated the 14th Amendment to the Constitution. The court said 30 days is a reasonable time for residency requirements.

Lawmakers here in Nevada passed a revised statute to comply with the ruling, but the constitution has stayed the same.

Malkiewich says lawmakers recognized the conflict but only recently have made efforts to change the constitution. But it takes time and effort:

"If the legislature wants to amend the constitution, they have to pass a joint resolution at one session and pass that same joint resolution at the next session two years later, and then it goes to the vote of the people the next year."

A yes vote on 1 would mean Nevada's Constitution would be consistent not only with the US Constitution but also with state revised statues. A no vote would retain the existing language. The US Supreme Court could change its mind in the future which is one reason some may vote no on 1. Some may also argue there is no reason to believe Nevadans are opposed to the 6 month requirement, so there is no reason to do away with it.

The sixth month residency provision is unenforceable here in Nevada. But the fact that it is still part of the constitution may discourage people like out of state college students from registering to vote here. They may believe they can't vote in Nevada when in fact they can after living here for 30 days and registering at a county registrar or with the Secretary of State.