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

February 11, 1999

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Joint Sponsor: Senator Porter

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Provides for appointment of committees to prepare arguments for and against county and municipal ballot questions. (BDR 24-1082)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

1-1 Section 1. NRS 293.482 is hereby amended to read as follows:

1-2 293.482 1. The governing body of any county or city may, at any

1-3 general election or general city election, ask the advice of the registered

1-4 voters within its jurisdiction on any question which it has under

1-5 consideration by adopting a resolution which:

1-6 (a) Sets forth the advisory question, including an explanation of and

1-7 arguments for and against the question, to be submitted to the voters; and

1-8 (b) States that the result of the voting on the question does not place any

1-9 legal requirement on the governing body or any officer of the political

1-10 subdivision.

1-11 2. A governing body may, at any general election, ask the advice of the

1-12 registered voters of part of its territory if:

2-1 (a) The advisory question to be submitted affects only that part of its

2-2 territory; and

2-3 (b) The resolution adopted pursuant to subsection 1 sets forth the

2-4 boundaries of the area in which the advice of the registered voters will be

2-5 asked.

2-6 3. Arguments for and against a question submitted pursuant to this

2-7 section must be prepared pursuant to section 4 or 5 of this act, if

2-8 applicable.

2-9 Sec. 2. NRS 293.800 is hereby amended to read as follows:

2-10 293.800 1. A person who, for himself or another person, willfully

2-11 gives a false answer or answers to questions propounded to him by the

2-12 registrar or field registrar of voters relating to the information called for by

2-13 the application to register to vote, or who willfully falsifies his application

2-14 in any particular, or who violates any of the provisions of the election laws

2-15 of this state, or knowingly encourages another person to violate those laws

2-16 is guilty of a category E felony and shall be punished as provided in NRS

2-17 193.130.

2-18 2. A public officer or other person, upon whom any duty is imposed by

2-19 this Title [,] or section 4 or 5 of this act, who willfully neglects his duty, or

2-20 willfully performs it in such a way as to hinder the objects and purposes of

2-21 the election laws of this state, except where another penalty is provided, is

2-22 guilty of a category E felony and shall be punished as provided in NRS

2-23 193.130.

2-24 3. If the person is a public officer, his office is forfeited upon

2-25 conviction of any offense provided for in subsection 2.

2-26 4. A person who causes or endeavors to cause his name to be

2-27 registered, knowing that he is not an elector or will not be an elector on or

2-28 before the day of the next ensuing election in the precinct or district in

2-29 which he causes or endeavors to cause the registration to be made, and any

2-30 other person who induces, aids, or abets the person in the commission of

2-31 either of the acts is guilty of a category E felony and shall be punished as

2-32 provided in NRS 193.130.

2-33 5. A field registrar or other person who:

2-34 (a) Knowingly falsifies an application to register to vote or knowingly

2-35 causes an application to be falsified; or

2-36 (b) Knowingly provides money or other compensation to another for a

2-37 falsified application to register to vote,

2-38 is guilty of a category E felony and shall be punished as provided in NRS

2-39 193.130.

3-1 Sec. 3. Chapter 295 of NRS is hereby amended by adding thereto the

3-2 provisions set forth as sections 4 and 5 of this act.

3-3 Sec. 4. 1. In a county whose population is 50,000 or more, for

3-4 each initiative, referendum or other question to be placed on the ballot by

3-5 the board or county clerk, including, without limitation, pursuant to NRS

3-6 293.482, 295.115 or 295.160, the board shall, not later than 90 days

3-7 before the publication of that ballot, appoint:

3-8 (a) A committee of not less than three persons known to favor

3-9 approval by the voters of the initiative, referendum or other question to

3-10 prepare an argument advocating that position.

3-11 (b) A committee of not less than three persons known to oppose

3-12 approval by the voters of the initiative, referendum or other question to

3-13 prepare an argument advocating that position.

3-14 2. If the board of a county whose population is 50,000 or more fails

3-15 to appoint each committee as required by subsection 1, the county clerk

3-16 shall appoint the committee.

3-17 3. Each committee appointed pursuant to this section shall seek and

3-18 consider the comments of persons who:

3-19 (a) Favor approval by the voters of the initiative, referendum or other

3-20 question.

3-21 (b) Oppose approval by the voters of the initiative, referendum or

3-22 other question.

3-23 4. The board of a county whose population is 50,000 or more shall

3-24 adopt regulations as necessary to carry out the provisions of this section.

3-25 Those regulations must include, without limitation:

3-26 (a) The maximum permissible length of an argument prepared

3-27 pursuant to this section;

3-28 (b) The date by which an argument prepared pursuant to this section

3-29 must be submitted to the board to ensure that the board will have

3-30 sufficient time to submit the argument to the county clerk pursuant to

3-31 NRS 293.481, as applicable;

3-32 (c) The procedure for review of each argument prepared pursuant to

3-33 this section;

3-34 (d) Grounds for rejection of an argument prepared pursuant to this

3-35 section as libelous, factually inaccurate or otherwise unacceptable; and

3-36 (e) A procedure for appeal of a rejection of an argument prepared

3-37 pursuant to this section.

3-38 5. Each argument not rejected pursuant to the regulations adopted

3-39 pursuant to subsection 4 must be placed on the sample ballot provided to

3-40 the registered voters of the county.

3-41 6. The board of a county whose population is less than 50,000 may:

3-42 (a) Appoint committees pursuant to subsection 1; and

3-43 (b) Adopt regulations pursuant to subsection 4.

4-1 Sec. 5. 1. In a city whose population is 50,000 or more, for each

4-2 initiative, referendum or other question to be placed on the ballot by the

4-3 council, including, without limitation, pursuant to NRS 293.482 or

4-4 295.215, the council shall, not later than 90 days before the publication

4-5 of that ballot, appoint:

4-6 (a) A committee of not less than three persons known to favor

4-7 approval by the voters of the initiative, referendum or other question to

4-8 prepare an argument advocating that position.

4-9 (b) A committee of not less than three persons known to oppose

4-10 approval by the voters of the initiative, referendum or other question to

4-11 prepare an argument advocating that position.

4-12 2. If the council of a city whose population is 50,000 or more fails to

4-13 appoint each committee as required by subsection 1, the city clerk shall

4-14 appoint the committee.

4-15 3. Each committee appointed pursuant to this section shall seek and

4-16 consider the comments of persons who:

4-17 (a) Favor approval by the voters of the initiative, referendum or other

4-18 question.

4-19 (b) Oppose approval by the voters of the initiative, referendum or

4-20 other question.

4-21 4. The council of a city whose population is 50,000 or more shall

4-22 adopt regulations as necessary to carry out the provisions of this section.

4-23 Those regulations must include, without limitation:

4-24 (a) The maximum permissible length of an argument prepared

4-25 pursuant to this section;

4-26 (b) The date by which an argument prepared pursuant to this section

4-27 must be submitted to the council to ensure that the council will have

4-28 sufficient time to submit the argument to the city clerk pursuant to NRS

4-29 293.481, as applicable;

4-30 (c) The procedure for review of each argument prepared pursuant to

4-31 this section;

4-32 (d) Grounds for rejection of an argument prepared pursuant to this

4-33 section as libelous, factually inaccurate or otherwise unacceptable; and

4-34 (e) A procedure for appeal of a rejection of an argument prepared

4-35 pursuant to this section.

4-36 5. Each argument not rejected pursuant to the regulations adopted

4-37 pursuant to subsection 4 must be placed on the sample ballot provided to

4-38 the registered voters of the city.

4-39 6. The council of a city whose population is less than 50,000 may:

4-40 (a) Appoint committees pursuant to subsection 1; and

4-41 (b) Adopt regulations pursuant to subsection 4.

5-1 Sec. 6. NRS 295.075 is hereby amended to read as follows:

5-2 295.075 As used in NRS 295.075 to 295.125, inclusive, and section 4

5-3 of this act unless the context otherwise requires, "board" means the board

5-4 of county commissioners.

5-5 Sec. 7. NRS 295.195 is hereby amended to read as follows:

5-6 295.195 As used in NRS 295.195 to 295.220, inclusive, and section 5

5-7 of this act unless the context otherwise requires:

5-8 1. "City" means an incorporated city.

5-9 2. "Council" means the governing body of a city.

5-10 Sec. 8. The amendatory provisions of this act do not apply to offenses

5-11 that are committed before October 1, 1999.

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