Nevada AG rules provision on federal term limits unconstitutional
Nevada Attorney General Frankie Sue Del Papa says it’s unconstitutional to require state legislators and federal congressional candidates to enact and support federal term limits.
The provision was added to the Nevada Constitution in 1998. Several other states have done the same but lost court challenges on grounds the provision violates the U.S. Constitution.
The Nevada provision required the Secretary of State to determine if the state or federal legislator had supported term limits when the issue came up for a vote. If he or she did not do so, it required the label “disregarded voters’ instructions on term limits” be printed after his or her name on the ballot.
Courts have ruled that type of provision undermines an individual legislator’s right to free speech, said Del Papa.
Eight other states have passed similar legislation only to have it overturned by the courts.