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FACT BRIEF

Do some members of the Nevada Legislature also work for the government?

By Todd Butterworth
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YES

Among the 63 members of the Nevada Legislature, 11 work for state or local government entities, according to a lawsuit filed by the Nevada Policy Research Institute. Two others left their government jobs in 2022.

For several years, NPRI has been legally challenging the rights of executive branch employees to serve in the legislative branch. The Nevada Constitution says, “No persons charged with the exercise of powers properly belonging to one of these [branches] shall exercise any functions, appertaining to either of the others.”

In 2022, NPRI won a unanimous Nevada Supreme Court decision allowing its case to proceed.

In January 2023, a lower court ruled four legislators who also hold government jobs, including teacher, adjunct professor and public defender, are not violating the constitutional separation of powers. NPRI has appealed to the Nevada Supreme Court and added seven other legislators to the suit. Oral arguments will begin in June. 

This fact brief is responsive to conversations such as this one.
Sources
Ballotpedia Nevada State Legislature
District Court | Clark County, Nevada Case No.: A-20-817757-C
Las Vegas Review-Journal Sen. Scheible to leave DA’s office
Nevada Legislature Nevada Constitution, Article 3
Nevada Independent Supreme Court allows NPRI suit to proceed
Nevada Independent Lower court decision favors legislators
Nevada Policy Research Institute Defending the Constitution: Nevada Policy’s Separation of Powers Lawsuit
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The Nevada Independent
The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.