Secretary of State v. STATE LEGISLATURE

OPINION

In this original mandamus proceeding, the Secretary of State challenges state government employees’ service in the Legislature as violating the Nevada Constitution’s separation of powers. The Secretary also questions whether local government employees may serve as legislators without violating separation of powers.

Ironically, the Secretary’s attempt to have state executive branch employees ousted or excluded from the Legislature is barred by the same doctrine he relies on — separation of powers. The Nevada Constitution expressly reserves to the Senate and Assembly the au thority to…