(Reprinted with amendments adopted on April 15, 2003)

 

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 school district, public library or water

1-8  district authorized by law to submit questions to some or all of the

1-9  qualified electors or registered voters of the county,

1-10  the board shall, in consultation with the county clerk pursuant to

1-11  subsection [4,] 5, appoint two committees. Except as otherwise

2-1  provided in subsection 2, one committee must be composed of three

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

2-3  referendum or other question and the other committee must be

2-4  composed of three persons who oppose approval by the voters of the

2-5  initiative, referendum or other question.

2-6  2.  If, after consulting with the county clerk pursuant to

2-7  subsection [4,] 5, the board is unable to appoint three persons who

2-8  are willing to serve on a committee, the board may appoint fewer

2-9  than three persons to that committee, but the board must appoint at

2-10  least one person to each committee appointed pursuant to this

2-11  section.

2-12      3.  With respect to a committee appointed pursuant to this

2-13  section:

2-14      (a) A person may not serve simultaneously on the committee

2-15  that favors approval by the voters of an initiative, referendum or

2-16  other question and the committee that opposes approval by the

2-17  voters of that initiative, referendum or other question.

2-18      (b) Members of the committee serve without compensation.

2-19      (c) The term of office for each member commences upon

2-20  appointment and expires upon the publication of the sample ballot

2-21  containing the initiative, referendum or other question.

2-22      4.  The county clerk may establish and maintain a list of the

2-23  persons who have expressed an interest in serving on a committee

2-24  appointed pursuant to this section. The county clerk, after

2-25  exercising due diligence to locate persons who favor approval by

2-26  the voters of an initiative, referendum or other question to be

2-27  placed on the ballot or who oppose approval by the voters of an

2-28  initiative, referendum or other question to be placed on the ballot,

2-29  may use the names on a list established pursuant to this subsection

2-30  to:

2-31      (a) Make recommendations pursuant to subsection 5; and

2-32      (b) Appoint members to a committee pursuant to subsection 6.

2-33      5. Before the board appoints a committee pursuant to this

2-34  section, the county clerk shall:

2-35      (a) Recommend to the board persons to be appointed to the

2-36  committee; and

2-37      (b) Consider recommending pursuant to paragraph (a):

2-38          (1) Any person who has expressed an interest in serving on

2-39  the committee; and

2-40          (2) A person who is a member of an organization that has

2-41  expressed an interest in having a member of the organization serve

2-42  on the committee.

2-43      [5.] 6. If the board of a county whose population is 100,000 or

2-44  more fails to appoint a committee as required pursuant to this

2-45  section, the county clerk shall appoint the committee.

3-1  [6.] 7. A committee appointed pursuant to this section:

3-2  (a) Shall elect a chairman for the committee;

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

3-4  requirements of this section;

3-5  (c) May seek and consider comments from the general public;

3-6  (d) Shall, based on whether the members were appointed to

3-7  advocate or oppose approval by the voters of the initiative,

3-8  referendum or other question, prepare an argument either advocating

3-9  or opposing approval by the voters of the initiative, referendum or

3-10  other question;

3-11      (e) Shall prepare a rebuttal to the argument prepared by the other

3-12  committee appointed pursuant to this section; and

3-13      (f) Shall submit the argument and rebuttal prepared pursuant to

3-14  paragraphs (d) and (e) to the county clerk not later than the date

3-15  prescribed by the county clerk pursuant to subsection [7.] 8.

3-16      [7.] 8. The county clerk of a county whose population is

3-17  100,000 or more shall provide, by rule or regulation:

3-18      (a) The maximum permissible length of an argument or rebuttal

3-19  prepared pursuant to this section; and

3-20      (b) The date by which an argument or rebuttal prepared pursuant

3-21  to this section must be submitted by the committee to the county

3-22  clerk.

3-23      [8.] 9. Upon receipt of an argument or rebuttal prepared

3-24  pursuant to this section, the county clerk:

3-25      (a) May consult with persons who are generally recognized by a

3-26  national or statewide organization as having expertise in the field or

3-27  area to which the initiative, referendum or other question pertains;

3-28  and

3-29      (b) Shall reject each statement in the argument or rebuttal that he

3-30  believes is libelous or factually inaccurate.

3-31  Not later than 5 days after the county clerk rejects a statement

3-32  pursuant to this subsection, the committee may appeal that rejection

3-33  to the district attorney. The district attorney shall review the

3-34  statement and the reasons for its rejection and may receive evidence,

3-35  documentary or testimonial, to aid him in his decision. Not later

3-36  than 3 business days after the appeal by the committee, the district

3-37  attorney shall issue his decision rejecting or accepting the statement.

3-38  The decision of the district attorney is a final decision for the

3-39  purposes of judicial review.

3-40      [9.] 10. The county clerk shall place in the sample ballot

3-41  provided to the registered voters of the county each argument and

3-42  rebuttal prepared pursuant to this section, containing all statements

3-43  that were not rejected pursuant to subsection [8.] 9. The county clerk

3-44  may revise the language submitted by the committee so that it is

3-45  clear, concise and suitable for incorporation in the sample ballot, but

4-1  shall not alter the meaning or effect without the consent of the

4-2  committee.

4-3  [10.] 11. In a county whose population is less than 100,000:

4-4  (a) The board may appoint committees pursuant to this section.

4-5  (b) If the board appoints committees pursuant to this section, the

4-6  county clerk shall provide for rules or regulations pursuant to

4-7  subsection [7.] 8.

4-8  12.  Except as otherwise provided in this subsection, if a

4-9  question is to be placed on the ballot by an entity described in

4-10  paragraph (b) of subsection 1, the entity must provide a copy and

4-11  explanation of the question to the county clerk at least 30 days

4-12  earlier than the date required for the submission of such

4-13  documents pursuant to subsection 1 of NRS 293.481. This

4-14  subsection does not apply to a question if the date that the question

4-15  must be submitted to the county clerk is governed by subsection 2

4-16  of NRS 293.481.

4-17      Sec. 2.  NRS 295.217 is hereby amended to read as follows:

4-18      295.217  1.  In a city whose population is 60,000 or more, for

4-19  each initiative, referendum or other question to be placed on the

4-20  ballot by the [council,] :

4-21      (a) Council, including, without limitation, pursuant to NRS

4-22  293.482 or 295.215[,] ; or

4-23      (b) Governing body of a public library or water district

4-24  authorized by law to submit questions to some or all of the

4-25  qualified electors or registered voters of the city,

4-26  the council shall, in consultation with the city clerk pursuant to

4-27  subsection [4,] 5, appoint two committees. Except as otherwise

4-28  provided in subsection 2, one committee must be composed of three

4-29  persons who favor approval by the voters of the initiative,

4-30  referendum or other question and the other committee must be

4-31  composed of three persons who oppose approval by the voters of the

4-32  initiative, referendum or other question.

4-33      2.  If, after consulting with the city clerk pursuant to subsection

4-34  [4,] 5, the council is unable to appoint three persons willing to serve

4-35  on a committee, the council may appoint fewer than three persons to

4-36  that committee, but the council must appoint at least one person to

4-37  each committee appointed pursuant to this section.

4-38      3.  With respect to a committee appointed pursuant to this

4-39  section:

4-40      (a) A person may not serve simultaneously on the committee

4-41  that favors approval by the voters of an initiative, referendum or

4-42  other question and the committee that opposes approval by the

4-43  voters of that initiative, referendum or other question.

4-44      (b) Members of the committee serve without compensation.

5-1  (c) The term of office for each member commences upon

5-2  appointment and expires upon the publication of the sample ballot

5-3  containing the initiative, referendum or other question.

5-4  4.  The city clerk may establish and maintain a list of the

5-5  persons who have expressed an interest in serving on a committee

5-6  appointed pursuant to this section. The city clerk, after exercising

5-7  due diligence to locate persons who favor approval by the voters of

5-8  an initiative, referendum or other question to be placed on the

5-9  ballot or who oppose approval by the voters of an initiative,

5-10  referendum or other question to be placed on the ballot, may use

5-11  the names on a list established pursuant to this subsection to:

5-12      (a) Make recommendations pursuant to subsection 5; and

5-13      (b) Appoint members to a committee pursuant to subsection 6.

5-14      5. Before the council appoints a committee pursuant to this

5-15  section, the city clerk shall:

5-16      (a) Recommend to the council persons to be appointed to the

5-17  committee; and

5-18      (b) Consider recommending pursuant to paragraph (a):

5-19          (1) Any person who has expressed an interest in serving on

5-20  the committee; and

5-21          (2) A person who is a member of an organization that has

5-22  expressed an interest in having a member of the organization serve

5-23  on the committee.

5-24      [5.] 6. If the council of a city whose population is 60,000 or

5-25  more fails to appoint a committee as required pursuant to this

5-26  section, the city clerk shall appoint the committee.

5-27      [6.] 7. A committee appointed pursuant to this section:

5-28      (a) Shall elect a chairman for the committee;

5-29      (b) Shall meet and conduct its affairs as necessary to fulfill the

5-30  requirements of this section;

5-31      (c) May seek and consider comments from the general public;

5-32      (d) Shall, based on whether the members were appointed to

5-33  advocate or oppose approval by the voters of the initiative,

5-34  referendum or other question, prepare an argument either advocating

5-35  or opposing approval by the voters of the initiative, referendum or

5-36  other question;

5-37      (e) Shall prepare a rebuttal to the argument prepared by the other

5-38  committee appointed pursuant to this section; and

5-39      (f) Shall submit the argument and rebuttal prepared pursuant to

5-40  paragraphs (d) and (e) to the city clerk not later than the date

5-41  prescribed by the city clerk pursuant to subsection [7.] 8.

5-42      [7.] 8. The city clerk of a city whose population is 60,000 or

5-43  more shall provide, by rule or regulation:

5-44      (a) The maximum permissible length of an argument or rebuttal

5-45  prepared pursuant to this section; and

6-1  (b) The date by which an argument or rebuttal prepared pursuant

6-2  to this section must be submitted by the committee to the city clerk.

6-3  [8.] 9. Upon receipt of an argument or rebuttal prepared

6-4  pursuant to this section, the city clerk:

6-5  (a) May consult with persons who are generally recognized by a

6-6  national or statewide organization as having expertise in the field or

6-7  area to which the initiative, referendum or other question pertains;

6-8  and

6-9  (b) Shall reject each statement in the argument or rebuttal that he

6-10  believes is libelous or factually inaccurate.

6-11  Not later than 5 days after the city clerk rejects a statement pursuant

6-12  to this subsection, the committee may appeal that rejection to the

6-13  city attorney. The city attorney shall review the statement and the

6-14  reasons for its rejection and may receive evidence, documentary or

6-15  testimonial, to aid him in his decision. Not later than 3 business days

6-16  after the appeal by the committee, the city attorney shall issue his

6-17  decision rejecting or accepting the statement. The decision of the

6-18  city attorney is a final decision for the purposes of judicial review.

6-19      [9.] 10. The city clerk shall place in the sample ballot provided

6-20  to the registered voters of the city each argument and rebuttal

6-21  prepared pursuant to this section, containing all statements that were

6-22  not rejected pursuant to subsection [8.] 9. The city clerk may revise

6-23  the language submitted by the committee so that it is clear, concise

6-24  and suitable for incorporation in the sample ballot, but shall not alter

6-25  the meaning or effect without the consent of the committee.

6-26      [10.] 11. In a city whose population is less than 60,000:

6-27      (a) The council may appoint committees pursuant to this section.

6-28      (b) If the council appoints committees pursuant to this section,

6-29  the city clerk shall provide for rules or regulations pursuant to

6-30  subsection [7.] 8.

6-31      12.  If a question is to be placed on the ballot by an entity

6-32  described in paragraph (b) of subsection 1, the entity must provide

6-33  a copy and explanation of the question to the city clerk at least 30

6-34  days earlier than the date required for the submission of such

6-35  documents pursuant to subsection 1 of NRS 293.481. This

6-36  subsection does not apply to a question if the date that the question

6-37  must be submitted to the city clerk is governed by subsection 2 of

6-38  NRS 293.481.

 

6-39  H