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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 293.481 is hereby amended to read as follows: 293.481 1. Except as otherwise provided in subsection 21-3
section 5 or 6 of this act, every governing body of a political subdivision,1-4
public or quasi-public corporation, or other local agency authorized by law1-5
to submit questions to the qualified electors or registered voters of a1-6
designated territory, when the governing body decides to submit a question:1-7
(a) At a general election, shall provide a copy of the question, including1-8
an explanation of and arguments for and against the question, to each1-9
county clerk within the designated territory on or before the third Monday1-10
in July preceding the election.1-11
(b) At a primary election, shall provide a copy of the question, including1-12
an explanation of and arguments for and against the question, to each2-1
county clerk within the designated territory on or before the third Monday2-2
in May preceding the election.2-3
(c) At any election other than a primary or general election at which the2-4
county clerk gives notice of the election or otherwise performs duties in2-5
connection therewith other than the registration of electors and the making2-6
of records of registered voters available for the election, shall provide a2-7
copy of the question, including an explanation of and arguments for and2-8
against the question, to each county clerk at least 60 days before the2-9
election.2-10
(d) At any city election at which the city clerk gives notice of the2-11
election or otherwise performs duties in connection therewith, shall provide2-12
a copy of the question, including an explanation of and arguments for and2-13
against the question, to the city clerk at least 60 days before the election.2-14
2. The requirements of subsection 1 do not apply to any question2-15
expressly privileged or required pursuant to the provisions of article 19 of2-16
the constitution of the State of Nevada or pursuant to the provisions of2-17
chapter 295 of NRS or any other statute to be submitted if proposed after2-18
the dates specified.2-19
3. A county or city clerk may charge any political subdivision, public2-20
or quasi-public corporation or other local agency which submits a question2-21
a reasonable fee sufficient to pay for the increased costs incurred in2-22
including the question, explanation and arguments on the ballot.2-23
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 any2-25
general election or general city election, ask the advice of the registered2-26
voters within its jurisdiction on any question which it has under2-27
consideration by adopting a resolution which:2-28
(a)2-29
sets forth the advisory question, including an explanation of and arguments2-30
for and against the question, to be submitted to the voters; and2-31
(b) States that the result of the voting on the question does not place any2-32
legal requirement on the governing body or any officer of the political2-33
subdivision.2-34
2. A governing body may, at any general election, ask the advice of the2-35
registered voters of part of its territory if:2-36
(a) The advisory question to be submitted affects only that part of its2-37
territory; and2-38
(b) The resolution adopted pursuant to subsection 1 sets forth the2-39
boundaries of the area in which the advice of the registered voters will be2-40
asked.2-41
Sec. 3. NRS 293.800 is hereby amended to read as follows: 293.800 1. A person who, for himself or another person, willfully2-43
gives a false answer or answers to questions propounded to him by the3-1
registrar or field registrar of voters relating to the information called for by3-2
the application to register to vote, or who willfully falsifies his application3-3
in any particular, or who violates any of the provisions of the election laws3-4
of this state, or knowingly encourages another person to violate those laws3-5
is guilty of a category E felony and shall be punished as provided in NRS3-6
193.130.3-7
2. A public officer or other person, upon whom any duty is imposed by3-8
this Title3-9
willfully performs it in such a way as to hinder the objects and purposes of3-10
the election laws of this state, except where another penalty is provided, is3-11
guilty of a category E felony and shall be punished as provided in NRS3-12
193.130.3-13
3. If the person is a public officer, his office is forfeited upon3-14
conviction of any offense provided for in subsection 2.3-15
4. A person who causes or endeavors to cause his name to be3-16
registered, knowing that he is not an elector or will not be an elector on or3-17
before the day of the next ensuing election in the precinct or district in3-18
which he causes or endeavors to cause the registration to be made, and any3-19
other person who induces, aids, or abets the person in the commission of3-20
either of the acts is guilty of a category E felony and shall be punished as3-21
provided in NRS 193.130.3-22
5. A field registrar or other person who:3-23
(a) Knowingly falsifies an application to register to vote or knowingly3-24
causes an application to be falsified; or3-25
(b) Knowingly provides money or other compensation to another for a3-26
falsified application to register to vote,3-27
is guilty of a category E felony and shall be punished as provided in NRS3-28
193.130.3-29
Sec. 4. Chapter 295 of NRS is hereby amended by adding thereto the3-30
provisions set forth as sections 5 and 6 of this act.3-31
Sec. 5. 1. In a county whose population is 50,000 or more, for3-32
each initiative, referendum or other question to be placed on the ballot by3-33
the board or county clerk, including, without limitation, pursuant to NRS3-34
293.482, 295.115 or 295.160, the board shall, in consultation with the3-35
county clerk, pursuant to subsection 2, appoint a committee of six3-36
persons, three of whom are known to favor approval by the voters of the3-37
initiative, referendum or other question and three of whom are known to3-38
oppose approval by the voters of the initiative, referendum or other3-39
question. A person may serve on more than one committee. Members of3-40
the committee serve without compensation. The term of office for each3-41
member commences upon appointment and expires upon the publication3-42
of the sample ballot containing the initiative, referendum or other3-43
question.4-1
2. Before the board appoints a committee pursuant to subsection 1,4-2
the county clerk shall:4-3
(a) Recommend to the board persons to be appointed to the4-4
committee; and4-5
(b) Consider recommending pursuant to paragraph (a):4-6
(1) Any person who has expressed an interest in serving on the4-7
committee; and4-8
(2) A person who is a member of an organization that has4-9
expressed an interest in having a member of the organization serve on4-10
the committee.4-11
3. If the board of a county whose population is 50,000 or more fails4-12
to appoint a committee as required by subsection 1, the county clerk shall4-13
appoint the committee.4-14
4. A committee appointed pursuant to this section:4-15
(a) Shall elect a chairman for the committee;4-16
(b) Shall meet and conduct its affairs as necessary to fulfill the4-17
requirements of this section;4-18
(c) May seek and consider comments from the general public;4-19
(d) Shall prepare an argument advocating approval by the voters of4-20
the initiative, referendum or other question, and prepare a rebuttal to4-21
that argument;4-22
(e) Shall prepare an argument opposing approval by the voters of the4-23
initiative, referendum or other question, and prepare a rebuttal to that4-24
argument; and4-25
(f) Shall submit the arguments and rebuttals prepared pursuant to4-26
paragraphs (d) and (e) to the county clerk not later than the date4-27
prescribed by the county clerk pursuant to subsection 5.4-28
5. The county clerk of a county whose population is 50,000 or more4-29
shall provide, by rule or regulation:4-30
(a) The maximum permissible length of an argument or rebuttal4-31
prepared pursuant to this section; and4-32
(b) The date by which an argument or rebuttal prepared pursuant to4-33
this section must be submitted by the committee to the county clerk.4-34
6. Upon receipt of an argument or rebuttal prepared pursuant to this4-35
section, the county clerk shall reject each statement in the argument or4-36
rebuttal that he believes is libelous or factually inaccurate. Not later than4-37
5 days after the county clerk rejects a statement pursuant to this4-38
subsection, the committee may appeal that rejection to the district4-39
attorney. The district attorney shall review the statement and the reasons4-40
for its rejection and may receive evidence, documentary or testimonial, to4-41
aid him in his decision. Not later than 3 business days after the appeal by4-42
the committee, the district attorney shall issue his decision rejecting or5-1
accepting the statement. The decision of the district attorney is a final5-2
decision for the purposes of judicial review.5-3
7. The county clerk shall place in the sample ballot provided to the5-4
registered voters of the county each argument and rebuttal prepared5-5
pursuant to this section, containing all statements that were not rejected5-6
pursuant to subsection 6. The county clerk may revise the language5-7
submitted by the committee so that it is clear, concise and suitable for5-8
incorporation in the sample ballot, but shall not alter the meaning or5-9
effect without the consent of the committee.5-10
8. In a county whose population is less than 50,000:5-11
(a) The board may appoint a committee pursuant to subsection 1.5-12
(b) If the board appoints a committee, the county clerk shall provide5-13
for rules or regulations pursuant to subsection 5.5-14
Sec. 6. 1. In a city whose population is 50,000 or more, for each5-15
initiative, referendum or other question to be placed on the ballot by the5-16
council, including, without limitation, pursuant to NRS 293.482 or5-17
295.215, the council shall, in consultation with the city clerk, pursuant to5-18
subsection 2, appoint a committee of six persons, three of whom are5-19
known to favor approval by the voters of the initiative, referendum or5-20
other question and three of whom are known to oppose approval by the5-21
voters of the initiative, referendum or other question. A person may serve5-22
on more than one committee. Members of the committee serve without5-23
compensation. The term of office for each member commences upon5-24
appointment and expires upon the publication of the sample ballot5-25
containing the initiative, referendum or other question.5-26
2. Before the council appoints a committee pursuant to subsection 1,5-27
the city clerk shall:5-28
(a) Recommend to the council persons to be appointed to the5-29
committee; and5-30
(b) Consider recommending pursuant to paragraph (a):5-31
(1) Any person who has expressed an interest in serving on the5-32
committee; and5-33
(2) A person who is a member of an organization that has5-34
expressed an interest in having a member of the organization serve on5-35
the committee.5-36
3. If the council of a city whose population is 50,000 or more fails to5-37
appoint a committee as required by subsection 1, the city clerk shall5-38
appoint the committee.5-39
4. A committee appointed pursuant to this section:5-40
(a) Shall elect a chairman for the committee;5-41
(b) Shall meet and conduct its affairs as necessary to fulfill the5-42
requirements of this section;5-43
(c) May seek and consider comments from the general public;6-1
(d) Shall prepare an argument advocating approval by the voters of6-2
the initiative, referendum or other question, and prepare a rebuttal to6-3
that argument;6-4
(e) Shall prepare an argument opposing approval by the voters of the6-5
initiative, referendum or other question, and prepare a rebuttal to that6-6
argument; and6-7
(f) Shall submit the arguments and rebuttals prepared pursuant to6-8
paragraphs (d) and (e) to the city clerk not later than the date prescribed6-9
by the city clerk pursuant to subsection 5.6-10
5. The city clerk of a city whose population is 50,000 or more shall6-11
provide, by rule or regulation:6-12
(a) The maximum permissible length of an argument or rebuttal6-13
prepared pursuant to this section; and6-14
(b) The date by which an argument or rebuttal prepared pursuant to6-15
this section must be submitted by the committee to the city clerk.6-16
6. Upon receipt of an argument or rebuttal prepared pursuant to this6-17
section, the city clerk shall reject each statement in the argument or6-18
rebuttal that he believes is libelous or factually inaccurate. Not later than6-19
5 days after the city clerk rejects a statement pursuant to this subsection,6-20
the committee may appeal that rejection to the city attorney. The city6-21
attorney shall review the statement and the reasons for its rejection and6-22
may receive evidence, documentary or testimonial, to aid him in his6-23
decision. Not later than 3 business days after the appeal by the6-24
committee, the city attorney shall issue his decision rejecting or accepting6-25
the statement. The decision of the city attorney is a final decision for the6-26
purposes of judicial review.6-27
7. The city clerk shall place in the sample ballot provided to the6-28
registered voters of the city each argument and rebuttal prepared6-29
pursuant to this section, containing all statements that were not rejected6-30
pursuant to subsection 6. The city clerk may revise the language6-31
submitted by the committee so that it is clear, concise and suitable for6-32
incorporation in the sample ballot, but shall not alter the meaning or6-33
effect without the consent of the committee.6-34
8. In a city whose population is less than 50,000:6-35
(a) The council may appoint a committee pursuant to subsection 1.6-36
(b) If the council appoints a committee, the city clerk shall provide for6-37
rules or regulations pursuant to subsection 5.6-38
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 56-40
of this act unless the context otherwise requires, "board" means the board6-41
of county commissioners.7-1
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 67-3
of this act unless the context otherwise requires:7-4
1. "City" means an incorporated city.7-5
2. "Council" means the governing body of a city.7-6
Sec. 9. The amendatory provisions of this act do not apply to offenses7-7
that are committed before October 1, 1999.~