Assembly Bill No. 299–Assemblyman Mortenson

 

March 7, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions relating to county and municipal ballot questions. (BDR 24‑598)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; revising the period within which county and municipal initiative and referendum petitions must be filed; providing for the appointment of two committees to prepare arguments for and against county and municipal ballot questions in certain counties and cities; revising the provisions relating to the appointment and duties of such committees; requiring the county clerk and city clerk to consult with certain persons before determining whether to reject certain statements in arguments and rebuttals prepared by such committees; requiring the county clerk to perform certain duties of the registrar of voters in certain counties; 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 293.044 is hereby amended to read as follows:

   293.044  Except as the term is used in NRS 293.393[,] and subsections 4, 5 and 8 of NRS 295.121, whenever the term “county clerk” is used in this Title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.

1-1    Sec. 2. NRS 295.095 is hereby amended to read as follows:

1-2    295.095  1.  Any five registered voters of the county may commence

1-3  initiative or referendum proceedings by filing with the county clerk an

1-4  affidavit stating they will constitute the petitioners’ committee and be

1-5  responsible for circulating the petition and filing it in proper form, stating

1-6  their names and addresses and specifying the address to which all notices

1-7  to the committee are to be sent, and setting out in full the proposed

1-8  initiative ordinance or citing the ordinance sought to be reconsidered.

1-9    2.  Initiative petitions must be signed by a number of registered voters

1-10  of the county equal to 15 percent or more of the number of voters who

1-11  voted at the last preceding general election in the county.

2-1    3.  Referendum petitions must be signed by a number of registered

2-2  voters of the county equal to 10 percent or more of the number of voters

2-3  who voted at the last preceding general election in the county.

2-4    4.  A petition must be filed not later than:

2-5    (a) One hundred and eighty days after the date that the affidavit required

2-6  by subsection 1 is filed with the county clerk; or

2-7    (b) One hundred and thirty days before the election,

2-8  whichever is earlier.

2-9    5.  A petition may consist of more than one document, but all

2-10  documents of a petition must be uniform in size and style, numbered and

2-11  assembled as one instrument for filing. Each signature must be executed in

2-12  ink or indelible pencil and followed by the address of the person signing

2-13  and the date on which he signed the petition. All signatures on a petition

2-14  must be obtained within the period specified in [paragraph (a) of]

2-15  subsection 4. Each document must contain or have attached thereto

2-16  throughout its circulation the full text of the ordinance proposed or sought

2-17  to be reconsidered.

2-18    6.  Each document of a petition must have attached to it when filed an

2-19  affidavit executed by the circulator thereof stating:

2-20    (a) That he personally circulated the document;

2-21    (b) The number of signatures thereon;

2-22    (c) That all the signatures were affixed in his presence;

2-23    (d) That he believes them to be genuine signatures of the persons whose

2-24  names they purport to be; and

2-25    (e) That each signer had an opportunity before signing to read the full

2-26  text of the ordinance proposed or sought to be reconsidered.

2-27    7.  The county clerk shall issue a receipt to any person who submits a

2-28  petition pursuant to this section. The receipt must set forth the number of:

2-29    (a) Documents included in the petition;

2-30    (b) Pages in each document; and

2-31    (c) Signatures that the person declares are included in the petition.

2-32    Sec. 3.  NRS 295.121 is hereby amended to read as follows:

2-33    295.121  1.  In a county whose population is 50,000 or more, for each

2-34  initiative, referendum or other question to be placed on the ballot by the

2-35  board or county clerk, including, without limitation, pursuant to NRS

2-36  293.482, 295.115 or 295.160, the board shall, in consultation with the

2-37  county clerk[,] pursuant to subsection [2, appoint a committee of six

2-38  person , three of whom are known to] 4, appoint two committees. Except

2-39  as otherwise provided in subsection 2, one committee must be composed

2-40  of three persons who favor approval by the voters of the initiative,

2-41  referendum or other question and the other committee must be composed

2-42  of three [of whom are known to] persons who oppose approval by the

2-43  voters of the initiative, referendum or other question.

2-44    2.  If, after consulting with the county clerk pursuant to subsection 4,

2-45  the board is unable to appoint three persons who are willing to serve on a

2-46  committee, the board may appoint fewer than three persons to that

2-47  committee, but the board must appoint at least one person to each

2-48  committee appointed pursuant to this section.

2-49    3.  With respect to a committee appointed pursuant to this section:

3-1    (a) A person may not serve simultaneously on [more than one

3-2  committee.] the committee that favors approval by the voters of an

3-3  initiative, referendum or other question and the committee that opposes

3-4  approval by the voters of that initiative, referendum or other question.

3-5    (b) Members of the committee serve without compensation.

3-6    (c) The term of office for each member commences upon appointment

3-7  and expires upon the publication of the sample ballot containing the

3-8  initiative, referendum or other question.

3-9    [2.] 4. Before the board appoints a committee pursuant to subsection

3-10  1, the county clerk shall:

3-11    (a) Recommend to the board persons to be appointed to the committee;

3-12  and

3-13    (b) Consider recommending pursuant to paragraph (a):

3-14      (1) Any person who has expressed an interest in serving on the

3-15  committee; and

3-16      (2) A person who is a member of an organization that has expressed

3-17  an interest in having a member of the organization serve on the committee.

3-18    [3.] 5. If the board of a county whose population is 50,000 or more

3-19  fails to appoint a committee as required [by subsection 1,] pursuant to this

3-20  section, the county clerk shall appoint the committee.

3-21    [4.] 6. A committee appointed pursuant to this section:

3-22    (a) Shall elect a chairman for the committee;

3-23    (b) Shall meet and conduct its affairs as necessary to fulfill the

3-24  requirements of this section;

3-25    (c) May seek and consider comments from the general public;

3-26    (d) Shall , based on whether the members were appointed to advocate

3-27  or oppose approval by the voters of the initiative, referendum or other

3-28  question, prepare an argument either advocating or opposing approval by

3-29  the voters of the initiative, referendum or other question ; [, and prepare a

3-30  rebuttal to that argument;]

3-31    (e) Shall prepare [an argument opposing approval by the voters of the

3-32  initiative, referendum or other question, and prepare] a rebuttal to [that

3-33  argument;] the argument prepared by the other committee appointed

3-34  pursuant to this section; and

3-35    (f) Shall submit the [arguments and rebuttals] argument and rebuttal

3-36  prepared pursuant to paragraphs (d) and (e) to the county clerk not later

3-37  than the date prescribed by the county clerk pursuant to subsection [5.] 7.

3-38    [5.] 7. The county clerk of a county whose population is 50,000 or

3-39  more shall provide, by rule or regulation:

3-40    (a) The maximum permissible length of an argument or rebuttal

3-41  prepared pursuant to this section; and

3-42    (b) The date by which an argument or rebuttal prepared pursuant to this

3-43  section must be submitted by the committee to the county clerk.

3-44    [6.] 8. Upon receipt of an argument or rebuttal prepared pursuant to

3-45  this section, the county clerk shall [reject] :

3-46    (a) Consult with persons who are generally recognized by a national

3-47  or statewide organization as having expertise in the field or area to which

3-48  the initiative, referendum or other question pertains; and

4-1    (b) Based on such consultation, reject each statement in the argument

4-2  or rebuttal that he believes is libelous or factually inaccurate.

4-3  Not later than 5 days after the county clerk rejects a statement pursuant to

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

4-5  attorney. The district attorney shall review the statement and the reasons

4-6  for its rejection and may receive evidence, documentary or testimonial, to

4-7  aid him in his decision. Not later than 3 business days after the appeal by

4-8  the committee, the district attorney shall issue his decision rejecting or

4-9  accepting the statement. The decision of the district attorney is a final

4-10  decision for the purposes of judicial review.

4-11    [7.] 9. The county clerk shall place in the sample ballot provided to

4-12  the registered voters of the county each argument and rebuttal prepared

4-13  pursuant to this section, containing all statements that were not rejected

4-14  pursuant to subsection [6.] 8. The county clerk may revise the language

4-15  submitted by the committee so that it is clear, concise and suitable for

4-16  incorporation in the sample ballot, but shall not alter the meaning or effect

4-17  without the consent of the committee.

4-18    [8.] 10.  In a county whose population is less than 50,000:

4-19    (a) The board may appoint [a committee] committees pursuant to

4-20  [subsection 1.] this section.

4-21    (b) If the board appoints [a committee,] committees pursuant to this

4-22  section, the county clerk shall provide for rules or regulations pursuant to

4-23  subsection [5.] 7.

4-24    Sec. 4.  NRS 295.205 is hereby amended to read as follows:

4-25    295.205  1.  Any five registered voters of the city may commence

4-26  initiative or referendum proceedings by filing with the city clerk an

4-27  affidavit:

4-28    (a) Stating they will constitute the petitioners’ committee and be

4-29  responsible for circulating the petition and filing it in proper form;

4-30    (b) Stating their names and addresses;

4-31    (c) Specifying the address to which all notices to the committee are to

4-32  be sent; and

4-33    (d) Setting out in full the proposed initiative ordinance or citing the

4-34  ordinance sought to be reconsidered.

4-35    2.  Initiative petitions must be signed by a number of registered voters

4-36  of the city equal to 15 percent or more of the number of voters who voted

4-37  at the last preceding city election.

4-38    3.  Referendum petitions must be signed by a number of registered

4-39  voters of the city equal to 10 percent or more of the number of voters who

4-40  voted at the last preceding city election.

4-41    4.  A petition must be filed not later than:

4-42    (a) One hundred and eighty days after the date that the affidavit required

4-43  by subsection 1 is filed with the city clerk; or

4-44    (b) One hundred and thirty days before the election,

4-45  whichever is earlier.

4-46    5.  A petition may consist of more than one document, but all

4-47  documents of a petition must be uniform in size and style, numbered and

4-48  assembled as one instrument for filing. Each signature must be executed in

4-49  ink or indelible pencil and followed by the address of the person signing

5-1  and the date on which he signed the petition. All signatures on a petition

5-2  must be obtained within the period specified in [paragraph (a) of]

5-3  subsection 4. Each document must contain or have attached thereto

5-4  throughout its circulation the full text of the ordinance proposed or sought

5-5  to be reconsidered.

5-6    6.  Each document of a petition must have attached to it when filed an

5-7  affidavit executed by the circulator thereof stating:

5-8    (a) That he personally circulated the document;

5-9    (b) The number of signatures thereon;

5-10    (c) That all the signatures were affixed in his presence;

5-11    (d) That he believes them to be genuine signatures of the persons whose

5-12  names they purport to be; and

5-13    (e) That each signer had an opportunity before signing to read the full

5-14  text of the ordinance proposed or sought to be reconsidered.

5-15    7.  The city clerk shall issue a receipt to any person who submits a

5-16  petition pursuant to this section. The receipt must set forth the number of:

5-17    (a) Documents included in the petition;

5-18    (b) Pages in each document; and

5-19    (c) Signatures that the person declares are included in the petition.

5-20    Sec. 5.  NRS 295.217 is hereby amended to read as follows:

5-21    295.217  1.  In a city whose population is 50,000 or more, for each

5-22  initiative, referendum or other question to be placed on the ballot by the

5-23  council, including, without limitation, pursuant to NRS 293.482 or

5-24  295.215, the council shall, in consultation with the city clerk[,] pursuant to

5-25  subsection [2, appoint a committee of six persons, three of whom are

5-26  known to] 4, appoint two committees. Except as otherwise provided in

5-27  subsection 2, one committee must be composed of three persons who

5-28  favor approval by the voters of the initiative, referendum or other question

5-29  and the other committee must be composed of three [of whom are known

5-30  to] persons who oppose approval by the voters of the initiative, referendum

5-31  or other question.

5-32    2.  If, after consulting with the city clerk pursuant to subsection 4, the

5-33  council is unable to appoint three persons willing to serve on a

5-34  committee, the council may appoint fewer than three persons to that

5-35  committee, but the council must appoint at least one person to each

5-36  committee appointed pursuant to this section.

5-37    3.  With respect to a committee appointed pursuant to this section:

5-38    (a) A person may not serve simultaneously on [more than one

5-39  committee .] the committee that favors approval by the voters of an

5-40  initiative, referendum or other question and the committee that opposes

5-41  approval by the voters of that initiative, referendum or other question.

5-42    (b) Members of the committee serve without compensation.

5-43    (c) The term of office for each member commences upon appointment

5-44  and expires upon the publication of the sample ballot containing the

5-45  initiative, referendum or other question.

5-46    [2.] 4. Before the council appoints a committee pursuant to

5-47  [subsection 1,] this section, the city clerk shall:

5-48    (a) Recommend to the council persons to be appointed to the

5-49  committee; and

6-1    (b) Consider recommending pursuant to paragraph (a):

6-2       (1) Any person who has expressed an interest in serving on the

6-3  committee; and

6-4       (2) A person who is a member of an organization that has expressed

6-5  an interest in having a member of the organization serve on the committee.

6-6    [3.] 5. If the council of a city whose population is 50,000 or more fails

6-7  to appoint a committee as required [by subsection 1,] pursuant to this

6-8  section, the city clerk shall appoint the committee.

6-9    [4.] 6. A committee appointed pursuant to this section:

6-10    (a) Shall elect a chairman for the committee;

6-11    (b) Shall meet and conduct its affairs as necessary to fulfill the

6-12  requirements of this section;

6-13    (c) May seek and consider comments from the general public;

6-14    (d) Shall , based on whether the members were appointed to advocate

6-15  or oppose approval by the voters of the initiative, referendum or other

6-16  question, prepare an argument either advocating or opposing approval by

6-17  the voters of the initiative, referendum or other question ; [, and prepare a

6-18  rebuttal to that argument;]

6-19    (e) Shall prepare [an argument opposing approval by the voters of the

6-20  initiative, referendum or other question, and prepare] a rebuttal to [that

6-21  argument;] the argument prepared by the other committee appointed

6-22  pursuant to this section; and

6-23    (f) Shall submit the [arguments and rebuttals] argument and rebuttal

6-24  prepared pursuant to paragraphs (d) and (e) to the city clerk not later than

6-25  the date prescribed by the city clerk pursuant to subsection [5.] 7.

6-26    [5.] 7. The city clerk of a city whose population is 50,000 or more

6-27  shall provide, by rule or regulation:

6-28    (a) The maximum permissible length of an argument or rebuttal

6-29  prepared pursuant to this section; and

6-30    (b) The date by which an argument or rebuttal prepared pursuant to this

6-31  section must be submitted by the committee to the city clerk.

6-32    [6.] 8. Upon receipt of an argument or rebuttal prepared pursuant to

6-33  this section, the city clerk shall [reject] :

6-34    (a) Consult with persons who are generally recognized by a national

6-35  or statewide organization as having expertise in the field or area to which

6-36  the initiative, referendum or other question pertains; and

6-37    (b) Based on such consultation, reject each statement in the argument

6-38  or rebuttal that he believes is libelous or factually inaccurate.

6-39  Not later than 5 days after the city clerk rejects a statement pursuant to this

6-40  subsection, the committee may appeal that rejection to the city attorney.

6-41  The city attorney shall review the statement and the reasons for its rejection

6-42  and may receive evidence, documentary or testimonial, to aid him in his

6-43  decision. Not later than 3 business days after the appeal by the committee,

6-44  the city attorney shall issue his decision rejecting or accepting the

6-45  statement. The decision of the city attorney is a final decision for the

6-46  purposes of judicial review.

6-47    [7.] 9. The city clerk shall place in the sample ballot provided to the

6-48  registered voters of the city each argument and rebuttal prepared pursuant

6-49  to this section, containing all statements that were not rejected pursuant to

7-1  subsection [6.] 8. The city clerk may revise the language submitted by the

7-2  committee so that it is clear, concise and suitable for incorporation in the

7-3  sample ballot, but shall not alter the meaning or effect without the consent

7-4  of the committee.

7-5    [8.] 10. In a city whose population is less than 50,000:

7-6    (a) The council may appoint [a committee] committees pursuant to

7-7  [subsection 1.] this section.

7-8    (b) If the council appoints [a committee,] committees pursuant to this

7-9  section, the city clerk shall provide for rules or regulations pursuant to

7-10  subsection [5.] 7.

7-11    Sec. 6.  NRS 244.164 is hereby amended to read as follows:

7-12    244.164  1.  In each county having a population of 100,000 or more,

7-13  the board of county commissioners may create the office of registrar of

7-14  voters, prescribe the qualifications, duties and compensation of that office

7-15  and make appointments to that office.

7-16    2.  The registrar of voters, upon appointment as provided in subsection

7-17  1, shall assume all of the powers and duties vested in and imposed upon the

7-18  county clerk of the county with respect to elections, except the duties

7-19  imposed [by virtue of NRS 293.393 to make out and deliver certificates of

7-20  election .] pursuant to NRS 293.393 and subsections 4, 5 and 8 of NRS

7-21  295.121.

7-22    Sec. 7.  This act becomes effective upon passage and approval.

 

7-23  H