Ballot Question 1 Constitutional Amendment

If Question 1 is approved by a majority of voters in the 2024 General Election on November 5th, the provisions of the Nevada Constitution pertaining to higher education and the board of regents will be amended. Here we provide information about the amendment and the ballot language.  

As of August 2024, the Nevada Faculty Alliance remains neutral on Question 1 but the NFA State Board is seeking input from members on whether to take a position to endorse, oppose, or remain neutral.  Opinion articles in support of and in opposition to Question 1 from NFA members have been posted on the NFA website. 

Question 1 was approved as Senate Joint Resolution 7 in the 2021 and 2023 legislative sessions. As a legislative ballot question, it only needs to be approved by the voters once to amend the constitution.

Text of the Constitutional Amendment

If Question 1 is approved by voters, Sections 4, 7, and 8 of Article 11 of the Nevada Constitution will be amended as shown below. The amendment removes the Board of Regents and its elections from the Constitution. It instead requires the legislature to provide by law for the governance of the state university, requires a biennial audit of public institutions of higher education, and amends the provisions for Land Grant funds to conform with the removal of the Board of Regents. Although the existing state laws establishing the Board of Regents and the election of its members would not change with the passage of Question 1, future legislatures could enact changes to those provisions and any other state laws or regulations pertaining to the Nevada System of Higher Education.

(insertions and [deletions])

Section 4.

1. The Legislature shall provide by law for the establishment and governance of a State University which shall embrace departments for Agriculture, Mechanic Arts, and Mining [to be controlled by a Board of Regents whose duties shall be prescribed by Law.] and other departments deemed appropriate for the State University.

2. The Legislature shall provide by law for biennial auditing of the State University and any other public institutions of higher education established by the Legislature in this State.

Section 7. [Repealed]

[The Governor, Secretary of State, and Superintendent of Public Instruction, shall for the first four years and until their successors are elected and qualified constitute a Board of Regents to control and manage the affairs of the University and the funds of the same under such regulations as may be provided by law. But the Legislature shall at its regular session next preceding the expiration of the term of office of said Board of Regents provide for the election of a new Board of Regents and define their duties.]

Section 8.

The [Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining department in such manner as to make it most effective and useful, Provided, that all the] proceeds of the public lands donated by Act of Congress approved July [second AD. Eighteen hundred and sixty Two,] 2, 1862, ch. 130, 12 Stat. 503, and thereafter amended by Act of Congress, for a college for the benefit of Agriculture [, the Mechanics] and Mechanic Arts, [and] including Military tactics , shall be invested by the [said Board of Regents] State of Nevada in the manner required by law in a separate fund to be appropriated exclusively for the benefit of the first named departments to the State University as set forth in Section [Four above;] 4 of this Article. And the Legislature shall provide that if through neglect or any other contingency, any portion of the fund so set apart [, shall be] is lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund so that the principal of said fund shall remain forever undiminished.

Condensation for Question 1

This is the language that will appear on the ballot, prepared by the Legislative Counsel Bureau and approved by legislators on the interim Legislative Commission.*

Shall the Nevada Constitution be amended to remove certain provisions governing the Board of Regents of the Nevada System of Higher Education and its administration of the State University and certain federal land grant funds and to provide additional legislative oversight of public institutions of higher education through regular independent audits, without repealing the current statutory election process or other existing statutory provisions relating to the Board of Regents. 

Yes         No 

Sample Ballot Information

Sample ballots will contain additional detailed descriptions of the effect of Question 1. The sample ballot information was prepared by the Legislative Counsel Bureau and approved by legislators on the interim Legislative Commission.* The sections explaining Yes and No votes, arguments for and against passage, and the fiscal impact are excerpted here:

A “Yes” vote would amend the Nevada Constitution by: (1) removing provisions governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University and requiring the Legislature to provide by law for the governance of the State University and for the auditing of public higher education institutions in Nevada; and (2) revising provisions governing the administration of certain funding derived under federal law and dedicated for the benefit of certain departments of the State University.

A “No” vote would retain existing provisions of the Nevada Constitution governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University and would not revise existing provisions governing the administration of certain funding derived under federal law and dedicated for the benefit of certain departments of the State University.

ARGUMENTS FOR PASSAGE

Voting in favor of Question 1 will allow for additional legislative oversight and accountability of the Board of Regents to improve public higher education in Nevada. Question 1 would mandate that the Legislature provide for the governance of the State University, giving the Legislature the ability to change the policies and procedures of the Nevada System of Higher Education (NSHE) to be more responsive to the higher education needs of the State.

For years, the Legislature has received complaints about the Board’s policies and practices, and the Board has taken actions that have obstructed or undermined the Legislature’s investigation and review of NSHE. The Board’s actions have also led to controversies around the failure of the Board to hold NSHE and its colleges and universities to high standards of transparency and accountability and failed searches for Board leadership. Passage of Question 1 would enable the Legislature to address concerns surrounding the Board and its members by changing any of the Board’s policies and procedures.

In addition, taxpayers and students will ultimately benefit from greater legislative oversight of the Board’s financial decisions by reducing the potential for further fiscal mismanagement within NSHE. A recent audit of NSHE found that due to vague or insufficient Board policies and a lack of systemwide oversight, NSHE institutions engaged in questionable and inappropriate financial activities between 2018 and 2022, including moving state funds between accounts designated for different purposes, redirecting state funds to a different institution without legislative approval, taking action to avoid returning unused funds to the State as required by law, and spending student fees in ways that do not directly relate to the fees’ purposes or enhance the education of the students who pay them.

Question 1 will require an audit of NSHE every two years, improving accountability and transparency in the fiscal management of NSHE.

The framers of the Nevada Constitution never intended for the Board to have absolute control over the management of the State University. Granting constitutional powers to the Board was simply related to accessing federal land grant funding without requiring action by the Legislature. However, the Board has asserted in cases before the Nevada Supreme Court that its constitutional status gives it virtual autonomy and thus immunity from certain laws and policies enacted by the Legislature. Based on legislative testimony, there is an impression that the Board uses its constitutional status as a shield against additional legislative oversight and accountability and even conducts itself as a fourth branch of government though the Nevada Constitution specifies only the Executive, Legislative, and Judicial Branches of State government. Passage of Question 1 will prevent the Board from using its current constitutional status to protect NSHE from legislative scrutiny.

Improve our public higher education system by allowing for greater accountability, transparency and oversight of the system. Vote “Yes” on Question 1.

ARGUMENTS AGAINST PASSAGE

Proponents of Question 1 want voters to believe that the framers of the Nevada Constitution got it wrong, and that the Legislature’s involvement will somehow improve the transparency, efficiency and effectiveness of Nevada’s higher education system. Unfortunately, passage of this ballot question does not guarantee any of these promised benefits. Question 1 is nothing but the Legislature trying to gain more power and control, and it would only serve to add political pressures to a governance system that is serving this State well. Previous attempts to change higher education governance, including a similar 2020 ballot question to remove the constitutional status of the Board of Regents, have failed because Nevadans recognize the importance of keeping the system in the Nevada Constitution as originally drafted.

Academic freedom is under unprecedented attack around the country. The ability to independently pursue research that benefits the State or to retain expert faculty may be jeopardized with increased legislative influence in higher education. By removing the constitutional status of the Board of Regents from the Nevada Constitution, Question 1 increases the potential for political interference over curriculum and academic standards in our public colleges and universities.

The Board of Regents is best equipped to establish policy for the Nevada System of Higher Education (NSHE) because its sole focus is on higher education. The Board has governed our higher education system for over 150 years as the system has grown in size, prestige, and complexity, and in that time, outcomes have improved. It does not make sense to risk losing the  Board’s independence, institutional knowledge, and expertise with no assurance of what the Legislature may put in its place. Furthermore, there is no evidence that the Legislature, which meets only once every other year, would be more effective at establishing higher education policy than the elected Regents.

The Board is already subject to considerable legislative oversight and accountability. For example, the Legislature recently passed legislation to alter the Board’s composition from 13 to 9 members and reduce member terms from six to four years. The Board must also explain and justify its financial management decisions to the Legislature and the Legislature retains the ultimate power of the purse to determine the amount of state funding for higher education. Finally, the Legislature already has the ability to require audits of NSHE as evidenced by the Legislature’s recent audit of NSHE. Because the Legislature has demonstrated its ability to oversee the Board and hold it accountable, the constitutional requirement for audits and the removal of the constitutional status of the Board are not necessary.

The Board’s current status in the Nevada Constitution ensures that the Board remains elected, responsible to the voters, and responsive to constituents. Passage of Question 1 would allow the Legislature to change existing higher education policies and procedures and even allow the Legislature to make members of the Board appointed rather than elected.

Keep the status and election of the Board of Regents in the Nevada Constitution. Vote “No” on Question 1.

FISCAL NOTE

Financial Impact—Cannot Be Determined

If approved by the voters, Question 1 removes provisions governing the election and duties of the Board of Regents and its control and management of the affairs and funds of the State University from the Nevada Constitution and requires the Legislature to provide by law for the governance of the State University and for the auditing of public higher education institutions in Nevada.

Future actions, if any, taken by the Legislature regarding the governance of the State University cannot be predicted. Thus, the resulting financial impact upon State government, if any, cannot be determined with any reasonable degree of certainty.

The provisions of Question 1 requiring the Legislature to provide for biennial auditing of the State University and other public institutions of higher education in Nevada will have a financial effect upon the State government. However, because it is unknown what factors the Legislature may use in determining the scope of each biennial audit, the resultant cost to the State to pay for these audits cannot be determined with any reasonable degree of certainty.

Finally, this ballot question clarifies existing provisions of the Nevada Constitution relating to the administration of the federal land grant proceeds dedicated for the benefit of certain departments of the State University under the federal Morrill Land Grant Act of 1862. However, because the State of Nevada must administer those proceeds in the manner required by the federal law, this ballot question will not change the purpose or use of those proceeds under the federal law. Thus, there is no anticipated financial impact upon State government from these revisions if Question 1 is approved by the voters.

* The ballot question language and sample ballot language  are taken from the Legislative Counsel Bureau's presentation to the Legislative Commission on June 18, 2024.  The presentation included public comments on the initially proposed ballot language from the Nevada Faculty Alliance and others.