AB200

Assembly Bill No. 200–Assemblymen Mortenson, Giunchigliani,

Cegavske, Hettrick, de Braga, Claborn, Anderson, Williams, Parks,

Collins, Manendo, Von Tobel, Price, Gibbons, Segerblom, Nolan

and Beers

Joint Sponsor: Senator Porter

CHAPTER........

AN ACT relating to elections; providing for the appointment of committees to prepare

arguments for and against county and municipal ballot questions; providing a

penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 293.481 is hereby amended to read as follows:

293.481 1. Except as otherwise provided in subsection 2 [,] or

section 5 or 6 of this act, every governing body of a political subdivision,

public or quasi-public corporation, or other local agency authorized by law

to submit questions to the qualified electors or registered voters of a

designated territory, when the governing body decides to submit a question:

(a) At a general election, shall provide a copy of the question, including

an explanation of and arguments for and against the question, to each

county clerk within the designated territory on or before the third Monday

in July preceding the election.

(b) At a primary election, shall provide a copy of the question, including

an explanation of and arguments for and against the question, to each

county clerk within the designated territory on or before the third Monday

in May preceding the election.

county clerk gives notice of the election or otherwise performs duties in

connection therewith other than the registration of electors and the making

of records of registered voters available for the election, shall provide a

copy of the question, including an explanation of and arguments for and

against the question, to each county clerk at least 60 days before the

election.

(d) At any city election at which the city clerk gives notice of the

election or otherwise performs duties in connection therewith, shall provide

a copy of the question, including an explanation of and arguments for and

against the question, to the city clerk at least 60 days before the election.

2. The requirements of subsection 1 do not apply to any question

expressly privileged or required pursuant to the provisions of article 19 of

the constitution of the State of Nevada or pursuant to the provisions of

chapter 295 of NRS or any other statute to be submitted if proposed after

the dates specified.
3. A county or city clerk may charge any political subdivision, public

or quasi-public corporation or other local agency which submits a question

a reasonable fee sufficient to pay for the increased costs incurred in

including the question, explanation and arguments on the ballot.

Sec. 2. NRS 293.482 is hereby amended to read as follows:

293.482 1. The governing body of any county or city may, at any

general election or general city election, ask the advice of the registered

voters within its jurisdiction on any question which it has under

consideration by adopting a resolution which:

(a) [~~Sets]~~ Except as otherwise provided in section 5 or 6 of this act,

sets forth the advisory question, including an explanation of and arguments

for and against the question, to be submitted to the voters; and

(b) States that the result of the voting on the question does not place any

legal requirement on the governing body or any officer of the political

subdivision.

2. A governing body may, at any general election, ask the advice of the

registered voters of part of its territory if:

(a) The advisory question to be submitted affects only that part of its

territory; and

(b) The resolution adopted pursuant to subsection 1 sets forth the

boundaries of the area in which the advice of the registered voters will be

asked.

Sec. 3. NRS 293.800 is hereby amended to read as follows:

293.800 1. A person who, for himself or another person, willfully

gives a false answer or answers to questions propounded to him by the

registrar or field registrar of voters relating to the information called for by

the application to register to vote, or who willfully falsifies his application

in any particular, or who violates any of the provisions of the election laws

of this state, or knowingly encourages another person to violate those laws

is guilty of a category E felony and shall be punished as provided in NRS

193.130.

2. A public officer or other person, upon whom any duty is imposed by

this Title [,] or section 5 or 6 of this act, who willfully neglects his duty, or

willfully performs it in such a way as to hinder the objects and purposes of

the election laws of this state, except where another penalty is provided, is

guilty of a category E felony and shall be punished as provided in NRS

193.130.

3. If the person is a public officer, his office is forfeited upon

conviction of any offense provided for in subsection 2.

4. A person who causes or endeavors to cause his name to be

registered, knowing that he is not an elector or will not be an elector on or

before the day of the next ensuing election in the precinct or district in

which he causes or endeavors to cause the registration to be made, and any

other person who induces, aids, or abets the person in the commission of

either of the acts is guilty of a category E felony and shall be punished as

provided in NRS 193.130.
5. A field registrar or other person who:

(a) Knowingly falsifies an application to register to vote or knowingly

causes an application to be falsified; or

(b) Knowingly provides money or other compensation to another for a

falsified application to register to vote,

is guilty of a category E felony and shall be punished as provided in NRS

193.130.

Sec. 4. Chapter 295 of NRS is hereby amended by adding thereto the

provisions set forth as sections 5 and 6 of this act.

Sec. 5. 1. In a county whose population is 50,000 or more, for

each initiative, referendum or other question to be placed on the ballot by

the board or county clerk, including, without limitation, pursuant to NRS

293.482, 295.115 or 295.160, the board shall, in consultation with the

county clerk, pursuant to subsection 2, appoint a committee of six

persons, three of whom are known to favor approval by the voters of the

initiative, referendum or other question and three of whom are known to

oppose approval by the voters of the initiative, referendum or other

question. A person may serve on more than one committee. Members of

the committee serve without compensation. The term of office for each

member commences upon appointment and expires upon the publication

of the sample ballot containing the initiative, referendum or other

question.

2. Before the board appoints a committee pursuant to subsection 1,

the county clerk shall:

(a) Recommend to the board persons to be appointed to the

committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest in serving on the

committee; and

(2) A person who is a member of an organization that has

expressed an interest in having a member of the organization serve on

the committee.

3. If the board of a county whose population is 50,000 or more fails

to appoint a committee as required by subsection 1, the county clerk shall

appoint the committee.

4. A committee appointed pursuant to this section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary to fulfill the

requirements of this section;

(c) May seek and consider comments from the general public;

(d) Shall prepare an argument advocating approval by the voters of

the initiative, referendum or other question, and prepare a rebuttal to

that argument;

(e) Shall prepare an argument opposing approval by the voters of the

initiative, referendum or other question, and prepare a rebuttal to that

argument; and

(f) Shall submit the arguments and rebuttals prepared pursuant to

paragraphs (d) and (e) to the county clerk not later than the date

prescribed by the county clerk pursuant to subsection 5.

5. The county clerk of a county whose population is 50,000 or more

shall provide, by rule or regulation:

(a) The maximum permissible length of an argument or rebuttal

prepared pursuant to this section; and

(b) The date by which an argument or rebuttal prepared pursuant to

this section must be submitted by the committee to the county clerk.

6. Upon receipt of an argument or rebuttal prepared pursuant to this

section, the county clerk shall reject each statement in the argument or

rebuttal that he believes is libelous or factually inaccurate. Not later than

5 days after the county clerk rejects a statement pursuant to this

subsection, the committee may appeal that rejection to the district

attorney. The district attorney shall review the statement and the reasons

for its rejection and may receive evidence, documentary or testimonial, to

aid him in his decision. Not later than 3 business days after the appeal by

the committee, the district attorney shall issue his decision rejecting or

accepting the statement. The decision of the district attorney is a final

decision for the purposes of judicial review.

7. The county clerk shall place in the sample ballot provided to the

registered voters of the county each argument and rebuttal prepared

pursuant to this section, containing all statements that were not rejected

pursuant to subsection 6. The county clerk may revise the language

submitted by the committee so that it is clear, concise and suitable for

incorporation in the sample ballot, but shall not alter the meaning or

effect without the consent of the committee.

8. In a county whose population is less than 50,000:

(a) The board may appoint a committee pursuant to subsection 1.

(b) If the board appoints a committee, the county clerk shall provide

for rules or regulations pursuant to subsection 5.

Sec. 6. 1. In a city whose population is 50,000 or more, for each

initiative, referendum or other question to be placed on the ballot by the

council, including, without limitation, pursuant to NRS 293.482 or

295.215, the council shall, in consultation with the city clerk, pursuant to

subsection 2, appoint a committee of six persons, three of whom are

known to favor approval by the voters of the initiative, referendum or

other question and three of whom are known to oppose approval by the

voters of the initiative, referendum or other question. A person may serve

on more than one committee. Members of the committee serve without

compensation. The term of office for each member commences upon

appointment and expires upon the publication of the sample ballot

containing the initiative, referendum or other question.

2. Before the council appoints a committee pursuant to subsection 1,

the city clerk shall:

(a) Recommend to the council persons to be appointed to the

committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest in serving on the

committee; and

(2) A person who is a member of an organization that has

expressed an interest in having a member of the organization serve on

the committee.

3. If the council of a city whose population is 50,000 or more fails to

appoint a committee as required by subsection 1, the city clerk shall

appoint the committee.

4. A committee appointed pursuant to this section:

Sec. 7. NRS 295.075 is hereby amended to read as follows:

295.075 As used in NRS 295.075 to 295.125, inclusive, and section 5

of this act unless the context otherwise requires, "board" means the board

of county commissioners.

Sec. 8. NRS 295.195 is hereby amended to read as follows:

295.195 As used in NRS 295.195 to 295.220, inclusive, and section 6

of this act unless the context otherwise requires:

1. "City" means an incorporated city.

2. "Council" means the governing body of a city.

Sec. 9. The amendatory provisions of this act do not apply to offenses

that are committed before October 1, 1999.