Assembly Bill No. 293–Assemblymen Mortenson, Giunchigliani, Koivisto, Gustavson, Hettrick, Beers, Conklin, Leslie, McCleary and Sherer

 

March 13, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions relating to appointment of committees to prepare arguments advocating and opposing certain ballot questions. (BDR 24‑312)

 

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; providing that, in certain counties and cities, if a ballot question is placed on the ballot by specified entities, committees must be appointed to prepare arguments advocating and opposing the ballot question; requiring the specified entities to submit timely a copy and explanation of the ballot question to the county clerk or city clerk, as applicable; 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 295.121 is hereby amended to read as follows:

1-2  295.121  1.  In a county whose population is 100,000 or more,

1-3  for each initiative, referendum or other question to be placed on the

1-4  ballot by the [board] :

1-5  (a) Board or county clerk,including, without limitation,

1-6  pursuant to NRS 293.482, 295.115 or 295.160[,] ; or

1-7  (b) Governing body of a political subdivision, public or quasi-

1-8  public corporation, or other local agency authorized by law to

1-9  submit questions to some or all of the qualified electors or

1-10  registered voters of the county,

2-1  the board shall, in consultation with the county clerk pursuant to

2-2  subsection 4, appoint two committees. Except as otherwise provided

2-3  in subsection 2, one committee must be composed of three persons

2-4  who favor approval by the voters of the initiative, referendum or

2-5  other question and the other committee must be composed of three

2-6  persons who oppose approval by the voters of the initiative,

2-7  referendum or other question.

2-8  2.  If, after consulting with the county clerk pursuant to

2-9  subsection 4, the board is unable to appoint three persons who are

2-10  willing to serve on a committee, the board may appoint fewer than

2-11  three persons to that committee, but the board must appoint at least

2-12  one person to each committee appointed pursuant to this section.

2-13      3.  With respect to a committee appointed pursuant to this

2-14  section:

2-15      (a) A person may not serve simultaneously on the committee

2-16  that favors approval by the voters of an initiative, referendum or

2-17  other question and the committee that opposes approval by the

2-18  voters of that initiative, referendum or other question.

2-19      (b) Members of the committee serve without compensation.

2-20      (c) The term of office for each member commences upon

2-21  appointment and expires upon the publication of the sample ballot

2-22  containing the initiative, referendum or other question.

2-23      4.  Before the board appoints a committee pursuant to this

2-24  section, the county clerk shall:

2-25      (a) Recommend to the board persons to be appointed to the

2-26  committee; and

2-27      (b) Consider recommending pursuant to paragraph (a):

2-28          (1) Any person who has expressed an interest in serving on

2-29  the committee; and

2-30          (2) A person who is a member of an organization that has

2-31  expressed an interest in having a member of the organization serve

2-32  on the committee.

2-33      5.  If the board of a county whose population is 100,000 or

2-34  more fails to appoint a committee as required pursuant to this

2-35  section, the county clerk shall appoint the committee.

2-36      6.  A committee appointed pursuant to this section:

2-37      (a) Shall elect a chairman for the committee;

2-38      (b) Shall meet and conduct its affairs as necessary to fulfill the

2-39  requirements of this section;

2-40      (c) May seek and consider comments from the general public;

2-41      (d) Shall, based on whether the members were appointed to

2-42  advocate or oppose approval by the voters of the initiative,

2-43  referendum or other question, prepare an argument either advocating

2-44  or opposing approval by the voters of the initiative, referendum or

2-45  other question;

3-1  (e) Shall prepare a rebuttal to the argument prepared by the other

3-2  committee appointed pursuant to this section; and

3-3  (f) Shall submit the argument and rebuttal prepared pursuant to

3-4  paragraphs (d) and (e) to the county clerk not later than the date

3-5  prescribed by the county clerk pursuant to subsection 7.

3-6  7.  The county clerk of a county whose population is 100,000 or

3-7  more shall provide, by rule or regulation:

3-8  (a) The maximum permissible length of an argument or rebuttal

3-9  prepared pursuant to this section; and

3-10      (b) The date by which an argument or rebuttal prepared pursuant

3-11  to this section must be submitted by the committee to the county

3-12  clerk.

3-13      8.  Upon receipt of an argument or rebuttal prepared pursuant to

3-14  this section, the county clerk:

3-15      (a) May consult with persons who are generally recognized by a

3-16  national or statewide organization as having expertise in the field or

3-17  area to which the initiative, referendum or other question pertains;

3-18  and

3-19      (b) Shall reject each statement in the argument or rebuttal that he

3-20  believes is libelous or factually inaccurate.

3-21  Not later than 5 days after the county clerk rejects a statement

3-22  pursuant to this subsection, the committee may appeal that rejection

3-23  to the district attorney. The district attorney shall review the

3-24  statement and the reasons for its rejection and may receive evidence,

3-25  documentary or testimonial, to aid him in his decision. Not later

3-26  than 3 business days after the appeal by the committee, the district

3-27  attorney shall issue his decision rejecting or accepting the statement.

3-28  The decision of the district attorney is a final decision for the

3-29  purposes of judicial review.

3-30      9.  The county clerk shall place in the sample ballot provided to

3-31  the registered voters of the county each argument and rebuttal

3-32  prepared pursuant to this section, containing all statements that were

3-33  not rejected pursuant to subsection 8. The county clerk may revise

3-34  the language submitted by the committee so that it is clear, concise

3-35  and suitable for incorporation in the sample ballot, but shall not alter

3-36  the meaning or effect without the consent of the committee.

3-37      10.  In a county whose population is less than 100,000:

3-38      (a) The board may appoint committees pursuant to this section.

3-39      (b) If the board appoints committees pursuant to this section, the

3-40  county clerk shall provide for rules or regulations pursuant to

3-41  subsection 7.

3-42      11.  Except as otherwise provided in this subsection, if a

3-43  question is to be placed on the ballot by an entity described in

3-44  paragraph (b) of subsection 1, the entity must provide a copy and

3-45  explanation of the question to the county clerk at least 30 days

4-1  earlier than the date required for the submission of such

4-2  documents pursuant to subsection 1 of NRS 293.481. This

4-3  subsection does not apply to a question if the date that the question

4-4  must be submitted to the county clerk is governed by subsection 2

4-5  of NRS 293.481.

4-6  Sec. 2.  NRS 295.217 is hereby amended to read as follows:

4-7  295.217  1.  In a city whose population is 60,000 or more, for

4-8  each initiative, referendum or other question to be placed on the

4-9  ballot by the [council,] :

4-10      (a) Council, including, without limitation, pursuant to NRS

4-11  293.482 or 295.215[,] ; or

4-12      (b) Governing body of a political subdivision, public or quasi-

4-13  public corporation, or other local agency authorized by law to

4-14  submit questions to some or all of the qualified electors or

4-15  registered voters of the city,

4-16  the council shall, in consultation with the city clerk pursuant to

4-17  subsection 4, appoint two committees. Except as otherwise provided

4-18  in subsection 2, one committee must be composed of three persons

4-19  who favor approval by the voters of the initiative, referendum or

4-20  other question and the other committee must be composed of three

4-21  persons who oppose approval by the voters of the initiative,

4-22  referendum or other question.

4-23      2.  If, after consulting with the city clerk pursuant to

4-24  subsection 4, the council is unable to appoint three persons willing

4-25  to serve on a committee, the council may appoint fewer than three

4-26  persons to that committee, but the council must appoint at least one

4-27  person to each committee appointed pursuant to this section.

4-28      3.  With respect to a committee appointed pursuant to this

4-29  section:

4-30      (a) A person may not serve simultaneously on the committee

4-31  that favors approval by the voters of an initiative, referendum or

4-32  other question and the committee that opposes approval by the

4-33  voters of that initiative, referendum or other question.

4-34      (b) Members of the committee serve without compensation.

4-35      (c) The term of office for each member commences upon

4-36  appointment and expires upon the publication of the sample ballot

4-37  containing the initiative, referendum or other question.

4-38      4.  Before the council appoints a committee pursuant to this

4-39  section, the city clerk shall:

4-40      (a) Recommend to the council persons to be appointed to the

4-41  committee; and

4-42      (b) Consider recommending pursuant to paragraph (a):

4-43          (1) Any person who has expressed an interest in serving on

4-44  the committee; and

5-1       (2) A person who is a member of an organization that has

5-2  expressed an interest in having a member of the organization serve

5-3  on the committee.

5-4  5.  If the council of a city whose population is 60,000 or more

5-5  fails to appoint a committee as required pursuant to this section, the

5-6  city clerk shall appoint the committee.

5-7  6.  A committee appointed pursuant to this section:

5-8  (a) Shall elect a chairman for the committee;

5-9  (b) Shall meet and conduct its affairs as necessary to fulfill the

5-10  requirements of this section;

5-11      (c) May seek and consider comments from the general public;

5-12      (d) Shall, based on whether the members were appointed to

5-13  advocate or oppose approval by the voters of the initiative,

5-14  referendum or other question, prepare an argument either advocating

5-15  or opposing approval by the voters of the initiative, referendum or

5-16  other question;

5-17      (e) Shall prepare a rebuttal to the argument prepared by the other

5-18  committee appointed pursuant to this section; and

5-19      (f) Shall submit the argument and rebuttal prepared pursuant to

5-20  paragraphs (d) and (e) to the city clerk not later than the date

5-21  prescribed by the city clerk pursuant to subsection 7.

5-22      7.  The city clerk of a city whose population is 60,000 or more

5-23  shall provide, by rule or regulation:

5-24      (a) The maximum permissible length of an argument or rebuttal

5-25  prepared pursuant to this section; and

5-26      (b) The date by which an argument or rebuttal prepared pursuant

5-27  to this section must be submitted by the committee to the city clerk.

5-28      8.  Upon receipt of an argument or rebuttal prepared pursuant to

5-29  this section, the city clerk:

5-30      (a) May consult with persons who are generally recognized by a

5-31  national or statewide organization as having expertise in the field or

5-32  area to which the initiative, referendum or other question pertains;

5-33  and

5-34      (b) Shall reject each statement in the argument or rebuttal that he

5-35  believes is libelous or factually inaccurate.

5-36  Not later than 5 days after the city clerk rejects a statement pursuant

5-37  to this subsection, the committee may appeal that rejection to the

5-38  city attorney. The city attorney shall review the statement and the

5-39  reasons for its rejection and may receive evidence, documentary or

5-40  testimonial, to aid him in his decision. Not later than 3 business days

5-41  after the appeal by the committee, the city attorney shall issue his

5-42  decision rejecting or accepting the statement. The decision of the

5-43  city attorney is a final decision for the purposes of judicial review.

5-44      9.  The city clerk shall place in the sample ballot provided to

5-45  the registered voters of the city each argument and rebuttal prepared

6-1  pursuant to this section, containing all statements that were not

6-2  rejected pursuant to subsection 8. The city clerk may revise the

6-3  language submitted by the committee so that it is clear, concise and

6-4  suitable for incorporation in the sample ballot, but shall not alter the

6-5  meaning or effect without the consent of the committee.

6-6  10.  In a city whose population is less than 60,000:

6-7  (a) The council may appoint committees pursuant to this section.

6-8  (b) If the council appoints committees pursuant to this section,

6-9  the city clerk shall provide for rules or regulations pursuant to

6-10  subsection 7.

6-11      11.  If a question is to be placed on the ballot by an entity

6-12  described in paragraph (b) of subsection 1, the entity must provide

6-13  a copy and explanation of the question to the city clerk at least 30

6-14  days earlier than the date required for the submission of such

6-15  documents pursuant to subsection 1 of NRS 293.481. This

6-16  subsection does not apply to a question if the date that the question

6-17  must be submitted to the city clerk is governed by subsection 2 of

6-18  NRS 293.481.

 

6-19  H