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 293.481 is hereby amended to read as follows:

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

1-3 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 law

1-5 to submit questions to the qualified electors or registered voters of a

1-6 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, including

1-8 an explanation of and arguments for and against the question, to each

1-9 county clerk within the designated territory on or before the third Monday

1-10 in July preceding the election.

1-11 (b) At a primary election, shall provide a copy of the question, including

1-12 an explanation of and arguments for and against the question, to each

2-1 county clerk within the designated territory on or before the third Monday

2-2 in May preceding the election.

2-3 (c) At any election other than a primary or general election at which the

2-4 county clerk gives notice of the election or otherwise performs duties in

2-5 connection therewith other than the registration of electors and the making

2-6 of records of registered voters available for the election, shall provide a

2-7 copy of the question, including an explanation of and arguments for and

2-8 against the question, to each county clerk at least 60 days before the

2-9 election.

2-10 (d) At any city election at which the city clerk gives notice of the

2-11 election or otherwise performs duties in connection therewith, shall provide

2-12 a copy of the question, including an explanation of and arguments for and

2-13 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 question

2-15 expressly privileged or required pursuant to the provisions of article 19 of

2-16 the constitution of the State of Nevada or pursuant to the provisions of

2-17 chapter 295 of NRS or any other statute to be submitted if proposed after

2-18 the dates specified.

2-19 3. A county or city clerk may charge any political subdivision, public

2-20 or quasi-public corporation or other local agency which submits a question

2-21 a reasonable fee sufficient to pay for the increased costs incurred in

2-22 including the question, explanation and arguments on the ballot.

2-23 Sec. 2. NRS 293.482 is hereby amended to read as follows:

2-24 293.482 1. The governing body of any county or city may, at any

2-25 general election or general city election, ask the advice of the registered

2-26 voters within its jurisdiction on any question which it has under

2-27 consideration by adopting a resolution which:

2-28 (a) [Sets] Except as otherwise provided in section 5 or 6 of this act,

2-29 sets forth the advisory question, including an explanation of and arguments

2-30 for and against the question, to be submitted to the voters; and

2-31 (b) States that the result of the voting on the question does not place any

2-32 legal requirement on the governing body or any officer of the political

2-33 subdivision.

2-34 2. A governing body may, at any general election, ask the advice of the

2-35 registered voters of part of its territory if:

2-36 (a) The advisory question to be submitted affects only that part of its

2-37 territory; and

2-38 (b) The resolution adopted pursuant to subsection 1 sets forth the

2-39 boundaries of the area in which the advice of the registered voters will be

2-40 asked.

2-41 Sec. 3. NRS 293.800 is hereby amended to read as follows:

2-42 293.800 1. A person who, for himself or another person, willfully

2-43 gives a false answer or answers to questions propounded to him by the

3-1 registrar or field registrar of voters relating to the information called for by

3-2 the application to register to vote, or who willfully falsifies his application

3-3 in any particular, or who violates any of the provisions of the election laws

3-4 of this state, or knowingly encourages another person to violate those laws

3-5 is guilty of a category E felony and shall be punished as provided in NRS

3-6 193.130.

3-7 2. A public officer or other person, upon whom any duty is imposed by

3-8 this Title [,] or section 5 or 6 of this act, who willfully neglects his duty, or

3-9 willfully performs it in such a way as to hinder the objects and purposes of

3-10 the election laws of this state, except where another penalty is provided, is

3-11 guilty of a category E felony and shall be punished as provided in NRS

3-12 193.130.

3-13 3. If the person is a public officer, his office is forfeited upon

3-14 conviction of any offense provided for in subsection 2.

3-15 4. A person who causes or endeavors to cause his name to be

3-16 registered, knowing that he is not an elector or will not be an elector on or

3-17 before the day of the next ensuing election in the precinct or district in

3-18 which he causes or endeavors to cause the registration to be made, and any

3-19 other person who induces, aids, or abets the person in the commission of

3-20 either of the acts is guilty of a category E felony and shall be punished as

3-21 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 knowingly

3-24 causes an application to be falsified; or

3-25 (b) Knowingly provides money or other compensation to another for a

3-26 falsified application to register to vote,

3-27 is guilty of a category E felony and shall be punished as provided in NRS

3-28 193.130.

3-29 Sec. 4. Chapter 295 of NRS is hereby amended by adding thereto the

3-30 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, for

3-32 each initiative, referendum or other question to be placed on the ballot by

3-33 the board or county clerk, including, without limitation, pursuant to NRS

3-34 293.482, 295.115 or 295.160, the board shall, in consultation with the

3-35 county clerk, pursuant to subsection 2, appoint a committee of six

3-36 persons, three of whom are known to favor approval by the voters of the

3-37 initiative, referendum or other question and three of whom are known to

3-38 oppose approval by the voters of the initiative, referendum or other

3-39 question. A person may serve on more than one committee. Members of

3-40 the committee serve without compensation. The term of office for each

3-41 member commences upon appointment and expires upon the publication

3-42 of the sample ballot containing the initiative, referendum or other

3-43 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 the

4-4 committee; and

4-5 (b) Consider recommending pursuant to paragraph (a):

4-6 (1) Any person who has expressed an interest in serving on the

4-7 committee; and

4-8 (2) A person who is a member of an organization that has

4-9 expressed an interest in having a member of the organization serve on

4-10 the committee.

4-11 3. If the board of a county whose population is 50,000 or more fails

4-12 to appoint a committee as required by subsection 1, the county clerk shall

4-13 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 the

4-17 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 of

4-20 the initiative, referendum or other question, and prepare a rebuttal to

4-21 that argument;

4-22 (e) Shall prepare an argument opposing approval by the voters of the

4-23 initiative, referendum or other question, and prepare a rebuttal to that

4-24 argument; and

4-25 (f) Shall submit the arguments and rebuttals prepared pursuant to

4-26 paragraphs (d) and (e) to the county clerk not later than the date

4-27 prescribed by the county clerk pursuant to subsection 5.

4-28 5. The county clerk of a county whose population is 50,000 or more

4-29 shall provide, by rule or regulation:

4-30 (a) The maximum permissible length of an argument or rebuttal

4-31 prepared pursuant to this section; and

4-32 (b) The date by which an argument or rebuttal prepared pursuant to

4-33 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 this

4-35 section, the county clerk shall reject each statement in the argument or

4-36 rebuttal that he believes is libelous or factually inaccurate. Not later than

4-37 5 days after the county clerk rejects a statement pursuant to this

4-38 subsection, the committee may appeal that rejection to the district

4-39 attorney. The district attorney shall review the statement and the reasons

4-40 for its rejection and may receive evidence, documentary or testimonial, to

4-41 aid him in his decision. Not later than 3 business days after the appeal by

4-42 the committee, the district attorney shall issue his decision rejecting or

5-1 accepting the statement. The decision of the district attorney is a final

5-2 decision for the purposes of judicial review.

5-3 7. The county clerk shall place in the sample ballot provided to the

5-4 registered voters of the county each argument and rebuttal prepared

5-5 pursuant to this section, containing all statements that were not rejected

5-6 pursuant to subsection 6. The county clerk may revise the language

5-7 submitted by the committee so that it is clear, concise and suitable for

5-8 incorporation in the sample ballot, but shall not alter the meaning or

5-9 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 provide

5-13 for rules or regulations pursuant to subsection 5.

5-14 Sec. 6. 1. In a city whose population is 50,000 or more, for each

5-15 initiative, referendum or other question to be placed on the ballot by the

5-16 council, including, without limitation, pursuant to NRS 293.482 or

5-17 295.215, the council shall, in consultation with the city clerk, pursuant to

5-18 subsection 2, appoint a committee of six persons, three of whom are

5-19 known to favor approval by the voters of the initiative, referendum or

5-20 other question and three of whom are known to oppose approval by the

5-21 voters of the initiative, referendum or other question. A person may serve

5-22 on more than one committee. Members of the committee serve without

5-23 compensation. The term of office for each member commences upon

5-24 appointment and expires upon the publication of the sample ballot

5-25 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 the

5-29 committee; and

5-30 (b) Consider recommending pursuant to paragraph (a):

5-31 (1) Any person who has expressed an interest in serving on the

5-32 committee; and

5-33 (2) A person who is a member of an organization that has

5-34 expressed an interest in having a member of the organization serve on

5-35 the committee.

5-36 3. If the council of a city whose population is 50,000 or more fails to

5-37 appoint a committee as required by subsection 1, the city clerk shall

5-38 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 the

5-42 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 of

6-2 the initiative, referendum or other question, and prepare a rebuttal to

6-3 that argument;

6-4 (e) Shall prepare an argument opposing approval by the voters of the

6-5 initiative, referendum or other question, and prepare a rebuttal to that

6-6 argument; and

6-7 (f) Shall submit the arguments and rebuttals prepared pursuant to

6-8 paragraphs (d) and (e) to the city clerk not later than the date prescribed

6-9 by the city clerk pursuant to subsection 5.

6-10 5. The city clerk of a city whose population is 50,000 or more shall

6-11 provide, by rule or regulation:

6-12 (a) The maximum permissible length of an argument or rebuttal

6-13 prepared pursuant to this section; and

6-14 (b) The date by which an argument or rebuttal prepared pursuant to

6-15 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 this

6-17 section, the city clerk shall reject each statement in the argument or

6-18 rebuttal that he believes is libelous or factually inaccurate. Not later than

6-19 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 city

6-21 attorney shall review the statement and the reasons for its rejection and

6-22 may receive evidence, documentary or testimonial, to aid him in his

6-23 decision. Not later than 3 business days after the appeal by the

6-24 committee, the city attorney shall issue his decision rejecting or accepting

6-25 the statement. The decision of the city attorney is a final decision for the

6-26 purposes of judicial review.

6-27 7. The city clerk shall place in the sample ballot provided to the

6-28 registered voters of the city each argument and rebuttal prepared

6-29 pursuant to this section, containing all statements that were not rejected

6-30 pursuant to subsection 6. The city clerk may revise the language

6-31 submitted by the committee so that it is clear, concise and suitable for

6-32 incorporation in the sample ballot, but shall not alter the meaning or

6-33 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 for

6-37 rules or regulations pursuant to subsection 5.

6-38 Sec. 7. NRS 295.075 is hereby amended to read as follows:

6-39 295.075 As used in NRS 295.075 to 295.125, inclusive, and section 5

6-40 of this act unless the context otherwise requires, "board" means the board

6-41 of county commissioners.

7-1 Sec. 8. NRS 295.195 is hereby amended to read as follows:

7-2 295.195 As used in NRS 295.195 to 295.220, inclusive, and section 6

7-3 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 offenses

7-7 that are committed before October 1, 1999.

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