Mayoral candidate petitioned for a writ of mandamus or prohibition challenging the eligibility of former city council members in mayoral election. At issue was a constitutional interpretation of whether years of service as a council member counted against the number of years that a council member could serve as mayor,
The Supreme Court of Nevada held that in a matter of first impression, Nevada constitutional provision on term limits precluded council members who had served 12 years from being elected mayor.
The drafters of Nevada constitutional provision that prohibits an individual from being elected to any state office or local governing body if he or she has served in that office, or at the expiration of his or her current term he or she will have served, 12 years or more intended to preclude reelection to the local governing body as a whole when a member has served on that body for 12 years or more in any capacity.
Nevada constitutional provision prohibiting an individual from being elected to any state office or local governing body if he or she had served in that office, or at the expiration of his or her current term he or she would have served, 12 years or more prevented city council members who had served for 12 years from being elected mayor. Under the city charter, city council was the city’s governing body, and the mayor was a member of the city council for all purposes.