(Reprinted with amendments adopted on April 16, 2003)
SECOND REPRINT A.B. 293
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 ballot questions and 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.
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, and rebuttals for, certain statewide ballot questions; 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. Chapter 293 of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. For each constitutional amendment or statewide measure
1-4 proposed by initiative or referendum to be placed on the ballot by
1-5 the Secretary of State, the Secretary of State shall, pursuant to
1-6 subsection 4, appoint two committees. Except as otherwise
1-7 provided in subsection 2, one committee must be composed of
2-1 three persons who favor approval by the voters of the initiative or
2-2 referendum and the other committee must be composed of three
2-3 persons who oppose approval by the voters of the initiative or
2-4 referendum.
2-5 2. If the Secretary of State is unable to appoint three persons
2-6 who are willing to serve on a committee, he may appoint fewer
2-7 than three persons to that committee, but he must appoint at least
2-8 one person to each committee appointed pursuant to this section.
2-9 3. With respect to a committee appointed pursuant to this
2-10 section:
2-11 (a) A person may not serve simultaneously on the committee
2-12 that favors approval by the voters of an initiative or referendum
2-13 and the committee that opposes approval by the voters of that
2-14 initiative or referendum.
2-15 (b) Members of the committee serve without compensation.
2-16 (c) The term of office for each member commences upon
2-17 appointment and expires upon the publication of the sample ballot
2-18 containing the initiative or referendum.
2-19 4. The Secretary of State shall consider appointing to a
2-20 committee pursuant to this section:
2-21 (a) Any person who has expressed an interest in serving on the
2-22 committee; and
2-23 (b) A person who is a member of an organization that has
2-24 expressed an interest in having a member of the organization
2-25 serve on the committee.
2-26 5. A committee appointed pursuant to this section:
2-27 (a) Shall elect a chairman for the committee;
2-28 (b) Shall meet and conduct its affairs as necessary to fulfill the
2-29 requirements of this section;
2-30 (c) May seek and consider comments from the general public;
2-31 (d) Shall, based on whether the members were appointed to
2-32 advocate or oppose approval by the voters of the initiative or
2-33 referendum, prepare an argument either advocating or opposing
2-34 approval by the voters of the initiative or referendum;
2-35 (e) Shall prepare a rebuttal to the argument prepared by the
2-36 other committee appointed pursuant to this section; and
2-37 (f) Shall submit the argument and rebuttal prepared pursuant
2-38 to paragraphs (d) and (e) to the Secretary of State not later than
2-39 the date prescribed by the Secretary of State pursuant to
2-40 subsection 6.
2-41 6. The Secretary of State shall provide, by rule or regulation:
2-42 (a) The maximum permissible length of an argument and
2-43 rebuttal prepared pursuant to this section; and
3-1 (b) The date by which an argument and rebuttal prepared
3-2 pursuant to this section must be submitted by a committee to the
3-3 Secretary of State.
3-4 7. Upon receipt of an argument or rebuttal prepared pursuant
3-5 to this section, the Secretary of State:
3-6 (a) May consult with persons who are generally recognized by
3-7 a national or statewide organization as having expertise in the
3-8 field or area to which the initiative or referendum pertains; and
3-9 (b) Shall reject each statement in the argument or rebuttal that
3-10 he believes is libelous or factually inaccurate.
3-11 Not later than 5 days after the Secretary of State rejects a
3-12 statement pursuant to this subsection, the committee that prepared
3-13 the statement may appeal that rejection to the Attorney General.
3-14 The Attorney General shall review the statement and the reasons
3-15 for its rejection and may receive evidence, documentary or
3-16 testimonial, to aid him in his decision. Not later than 3 business
3-17 days after the appeal by the committee, the Attorney General shall
3-18 issue his decision rejecting or accepting the statement. The
3-19 decision of the Attorney General is a final decision for the
3-20 purposes of judicial review.
3-21 8. The Secretary of State may revise the language submitted
3-22 by a committee pursuant to this section so that it is clear, concise
3-23 and suitable for incorporation in the sample ballot, but shall not
3-24 alter the meaning or effect of the language without the consent of
3-25 the committee.
3-26 Sec. 2. NRS 293.250 is hereby amended to read as follows:
3-27 293.250 1. The Secretary of State shall, in a manner
3-28 consistent with the election laws of this state, prescribe:
3-29 (a) The form of all ballots, absent ballots, diagrams, sample
3-30 ballots, certificates, notices, declarations, applications to register to
3-31 vote, lists, applications, pollbooks, registers, rosters, statements and
3-32 abstracts required by the election laws of this state.
3-33 (b) The procedure to be followed when a computer is used to
3-34 register voters and to keep records of registration.
3-35 2. The Secretary of State shall prescribe with respect to the
3-36 matter to be printed on every kind of ballot:
3-37 (a) The placement and listing of all offices, candidates and
3-38 measures upon which voting is statewide, which must be uniform
3-39 throughout the State.
3-40 (b) The listing of all other candidates required to file with him,
3-41 and the order of listing all offices, candidates and measures upon
3-42 which voting is not statewide, from which each county or city clerk
3-43 shall prepare appropriate ballot forms for use in any election in his
3-44 county.
4-1 3. The Secretary of State shall place the condensation of each
4-2 proposed constitutional amendment or statewide measure near the
4-3 spaces or devices for indicating the voter’s choice.
4-4 4. The fiscal note for , [and] explanation of , arguments for
4-5 and against, and rebuttals to such arguments of each proposed
4-6 constitutional amendment or statewide measure[, including
4-7 arguments for and against it,] must be included on all sample
4-8 ballots.
4-9 5. The condensations and explanations for constitutional
4-10 amendments and statewide measures proposed by initiative or
4-11 referendum must be prepared by the Secretary of State, upon
4-12 consultation with the Attorney General. The arguments and
4-13 rebuttals for or against constitutional amendments and statewide
4-14 measures proposed by initiative or referendum must be prepared
4-15 in the manner set forth in section 1 of this act. The fiscal notes for
4-16 constitutional amendments and statewide measures proposed by
4-17 initiative or referendum must be prepared by the Secretary of State,
4-18 upon consultation with the Fiscal Analysis Division of the
4-19 Legislative Counsel Bureau. The condensations, explanations ,
4-20 arguments, rebuttals and fiscal notes must be in easily understood
4-21 language and of reasonable length, and whenever feasible must be
4-22 completed by August 1 of the year in which the general election is
4-23 to be held.
4-24 6. The names of candidates for township and legislative or
4-25 special district offices must be printed only on the ballots furnished
4-26 to voters of that township or district.
4-27 7. A county clerk:
4-28 (a) May divide paper ballots into two sheets in a manner which
4-29 provides a clear understanding and grouping of all measures and
4-30 candidates.
4-31 (b) Shall prescribe the color or colors of the ballots and voting
4-32 receipts used in any election which the clerk is required to conduct.
4-33 Sec. 3. NRS 293.253 is hereby amended to read as follows:
4-34 293.253 1. The Secretary of State shall provide each county
4-35 clerk with copies of any proposed constitution, constitutional
4-36 amendment or statewide measure which will appear on the general
4-37 election ballot, together with the copies of the condensations,
4-38 explanations , arguments, rebuttals and fiscal notes prepared
4-39 pursuant to NRS 218.443 and 293.250[.] and section 1 of this act.
4-40 2. Whenever feasible, he shall provide those copies on or
4-41 before the first Monday in August of the year in which the proposals
4-42 will appear on the ballot. Copies of any additional proposals must be
4-43 provided as soon after their filing as feasible.
4-44 3. Each county clerk shall cause a copy of the full text of any
4-45 such constitution, amendment or measure and its condensation,
5-1 explanation, [including arguments for and against it,] arguments,
5-2 rebuttals and fiscal note to be published, in conspicuous display
5-3 advertising format of not less than 10 column inches, in a newspaper
5-4 of general circulation in the county three times at intervals of not
5-5 less than 7 days, the first publication to be on or before the first
5-6 Monday in October. If no such newspaper is published in the
5-7 county, the publication may be made in a newspaper of general
5-8 circulation published in the nearest Nevada county.
5-9 4. If a copy is furnished by the Secretary of State too late to be
5-10 published at 7-day intervals, it must be published three times at the
5-11 longest intervals feasible in each county.
5-12 5. The portion of the cost of publication which is attributable to
5-13 publishing the questions, explanations , arguments, rebuttals and
5-14 fiscal notes of proposed constitutions, constitutional amendments or
5-15 statewide measures is a charge against the State and must be paid
5-16 from the Reserve for Statutory Contingency Account upon
5-17 recommendation by the Secretary of State and approval by the State
5-18 Board of Examiners.
5-19 Sec. 4. NRS 293.565 is hereby amended to read as follows:
5-20 293.565 1. Except as otherwise provided in subsection 2,
5-21 sample ballots must include:
5-22 (a) The fiscal note, as provided pursuant to NRS 218.443 or
5-23 293.250, for each proposed constitutional amendment or statewide
5-24 measure;
5-25 (b) An explanation, as provided pursuant to NRS 218.443[,] or
5-26 293.250, of each proposed constitutional amendment or statewide
5-27 measure[, including arguments] ;
5-28 (c) Arguments for and against [it; and
5-29 (c)] each proposed constitutional amendment or statewide
5-30 measure and rebuttals to each argument, as provided pursuant to
5-31 NRS 218.443 or section 1 of this act; and
5-32 (d) The full text of each proposed constitutional amendment.
5-33 2. Sample ballots that are mailed to registered voters may be
5-34 printed without the full text of each proposed constitutional
5-35 amendment if:
5-36 (a) The cost of printing the sample ballots would be significantly
5-37 reduced if the full text of each proposed constitutional amendment
5-38 were not included;
5-39 (b) The county clerk ensures that a sample ballot that includes
5-40 the full text of each proposed constitutional amendment is provided
5-41 at no charge to each registered voter who requests such a sample
5-42 ballot; and
5-43 (c) The sample ballots provided to each polling place include the
5-44 full text of each proposed constitutional amendment.
6-1 3. At least 10 days before any election, the county clerk shall
6-2 cause to be mailed to each registered voter in the county a sample
6-3 ballot for his precinct with a notice informing the voter of the
6-4 location of his polling place. If the location of the polling place has
6-5 changed since the last election:
6-6 (a) The county clerk shall mail a notice of the change to each
6-7 registered voter in the county not sooner than 10 days before
6-8 mailing the sample ballots; or
6-9 (b) The sample ballot must also include a notice in bold type
6-10 immediately above the location which states:
6-11 NOTICE: THE LOCATION OF YOUR POLLING PLACE
6-12 HAS CHANGED SINCE THE LAST ELECTION
6-13 4. Except as otherwise provided in subsection 5, a sample
6-14 ballot required to be mailed pursuant to this section must:
6-15 (a) Be printed in at least 12-point type; and
6-16 (b) Include on the front page, in a separate box created by bold
6-17 lines, a notice printed in at least 20-point bold type that states:
6-18 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
6-19 LARGE TYPE, CALL (Insert appropriate telephone number)
6-20 5. A portion of a sample ballot that contains a facsimile of the
6-21 display area of a voting device may include material in less than
6-22 12-point type to the extent necessary to make the facsimile fit on the
6-23 pages of the sample ballot.
6-24 6. The sample ballot mailed to a person who requests a sample
6-25 ballot in large type by exercising the option provided pursuant to
6-26 NRS 293.508, or in any other manner, must be printed in at least
6-27 14-point type, or larger when practicable.
6-28 7. If a person requests a sample ballot in large type, the county
6-29 clerk shall ensure that all future sample ballots mailed to that person
6-30 from the county are in large type.
6-31 8. The county clerk shall include in each sample ballot a
6-32 statement indicating that the county clerk will, upon request of a
6-33 voter who is elderly or disabled, make reasonable accommodations
6-34 to allow the voter to vote at his polling place and provide reasonable
6-35 assistance to the voter in casting his vote, including, without
6-36 limitation, providing appropriate materials to assist the voter.
6-37 9. The cost of mailing sample ballots for any election other
6-38 than a primary or general election must be borne by the political
6-39 subdivision holding the election.
7-1 Sec. 5. NRS 295.121 is hereby amended to read as follows:
7-2 295.121 1. In a county whose population is 100,000 or more,
7-3 for each initiative, referendum or other question to be placed on the
7-4 ballot by the [board] :
7-5 (a) Board or county clerk,including, without limitation,
7-6 pursuant to NRS 293.482, 295.115 or 295.160[,] ; or
7-7 (b) Governing body of a school district, public library or water
7-8 district authorized by law to submit questions to some or all of the
7-9 qualified electors or registered voters of the county,
7-10 the board shall, in consultation with the county clerk pursuant to
7-11 subsection [4,] 5, appoint two committees. Except as otherwise
7-12 provided in subsection 2, one committee must be composed of three
7-13 persons who favor approval by the voters of the initiative,
7-14 referendum or other question and the other committee must be
7-15 composed of three persons who oppose approval by the voters of the
7-16 initiative, referendum or other question.
7-17 2. If, after consulting with the county clerk pursuant to
7-18 subsection [4,] 5, the board is unable to appoint three persons who
7-19 are willing to serve on a committee, the board may appoint fewer
7-20 than three persons to that committee, but the board must appoint at
7-21 least one person to each committee appointed pursuant to this
7-22 section.
7-23 3. With respect to a committee appointed pursuant to this
7-24 section:
7-25 (a) A person may not serve simultaneously on the committee
7-26 that favors approval by the voters of an initiative, referendum or
7-27 other question and the committee that opposes approval by the
7-28 voters of that initiative, referendum or other question.
7-29 (b) Members of the committee serve without compensation.
7-30 (c) The term of office for each member commences upon
7-31 appointment and expires upon the publication of the sample ballot
7-32 containing the initiative, referendum or other question.
7-33 4. The county clerk may establish and maintain a list of the
7-34 persons who have expressed an interest in serving on a committee
7-35 appointed pursuant to this section. The county clerk, after
7-36 exercising due diligence to locate persons who favor approval by
7-37 the voters of an initiative, referendum or other question to be
7-38 placed on the ballot or who oppose approval by the voters of an
7-39 initiative, referendum or other question to be placed on the ballot,
7-40 may use the names on a list established pursuant to this subsection
7-41 to:
7-42 (a) Make recommendations pursuant to subsection 5; and
7-43 (b) Appoint members to a committee pursuant to subsection 6.
7-44 5. Before the board appoints a committee pursuant to this
7-45 section, the county clerk shall:
8-1 (a) Recommend to the board persons to be appointed to the
8-2 committee; and
8-3 (b) Consider recommending pursuant to paragraph (a):
8-4 (1) Any person who has expressed an interest in serving on
8-5 the committee; and
8-6 (2) A person who is a member of an organization that has
8-7 expressed an interest in having a member of the organization serve
8-8 on the committee.
8-9 [5.] 6. If the board of a county whose population is 100,000 or
8-10 more fails to appoint a committee as required pursuant to this
8-11 section, the county clerk shall appoint the committee.
8-12 [6.] 7. A committee appointed pursuant to this section:
8-13 (a) Shall elect a chairman for the committee;
8-14 (b) Shall meet and conduct its affairs as necessary to fulfill the
8-15 requirements of this section;
8-16 (c) May seek and consider comments from the general public;
8-17 (d) Shall, based on whether the members were appointed to
8-18 advocate or oppose approval by the voters of the initiative,
8-19 referendum or other question, prepare an argument either advocating
8-20 or opposing approval by the voters of the initiative, referendum or
8-21 other question;
8-22 (e) Shall prepare a rebuttal to the argument prepared by the other
8-23 committee appointed pursuant to this section; and
8-24 (f) Shall submit the argument and rebuttal prepared pursuant to
8-25 paragraphs (d) and (e) to the county clerk not later than the date
8-26 prescribed by the county clerk pursuant to subsection [7.] 8.
8-27 [7.] 8. The county clerk of a county whose population is
8-28 100,000 or more shall provide, by rule or regulation:
8-29 (a) The maximum permissible length of an argument or rebuttal
8-30 prepared pursuant to this section; and
8-31 (b) The date by which an argument or rebuttal prepared pursuant
8-32 to this section must be submitted by the committee to the county
8-33 clerk.
8-34 [8.] 9. Upon receipt of an argument or rebuttal prepared
8-35 pursuant to this section, the county clerk:
8-36 (a) May consult with persons who are generally recognized by a
8-37 national or statewide organization as having expertise in the field or
8-38 area to which the initiative, referendum or other question pertains;
8-39 and
8-40 (b) Shall reject each statement in the argument or rebuttal that he
8-41 believes is libelous or factually inaccurate.
8-42 Not later than 5 days after the county clerk rejects a statement
8-43 pursuant to this subsection, the committee may appeal that rejection
8-44 to the district attorney. The district attorney shall review the
8-45 statement and the reasons for its rejection and may receive evidence,
9-1 documentary or testimonial, to aid him in his decision. Not later
9-2 than 3 business days after the appeal by the committee, the district
9-3 attorney shall issue his decision rejecting or accepting the statement.
9-4 The decision of the district attorney is a final decision for the
9-5 purposes of judicial review.
9-6 [9.] 10. The county clerk shall place in the sample ballot
9-7 provided to the registered voters of the county each argument and
9-8 rebuttal prepared pursuant to this section, containing all statements
9-9 that were not rejected pursuant to subsection [8.] 9. The county clerk
9-10 may revise the language submitted by the committee so that it is
9-11 clear, concise and suitable for incorporation in the sample ballot, but
9-12 shall not alter the meaning or effect without the consent of the
9-13 committee.
9-14 [10.] 11. In a county whose population is less than 100,000:
9-15 (a) The board may appoint committees pursuant to this section.
9-16 (b) If the board appoints committees pursuant to this section, the
9-17 county clerk shall provide for rules or regulations pursuant to
9-18 subsection [7.] 8.
9-19 12. Except as otherwise provided in this subsection, if a
9-20 question is to be placed on the ballot by an entity described in
9-21 paragraph (b) of subsection 1, the entity must provide a copy and
9-22 explanation of the question to the county clerk at least 30 days
9-23 earlier than the date required for the submission of such
9-24 documents pursuant to subsection 1 of NRS 293.481. This
9-25 subsection does not apply to a question if the date that the question
9-26 must be submitted to the county clerk is governed by subsection 2
9-27 of NRS 293.481.
9-28 Sec. 6. NRS 295.217 is hereby amended to read as follows:
9-29 295.217 1. In a city whose population is 60,000 or more, for
9-30 each initiative, referendum or other question to be placed on the
9-31 ballot by the [council,] :
9-32 (a) Council, including, without limitation, pursuant to NRS
9-33 293.482 or 295.215[,] ; or
9-34 (b) Governing body of a public library or water district
9-35 authorized by law to submit questions to some or all of the
9-36 qualified electors or registered voters of the city,
9-37 the council shall, in consultation with the city clerk pursuant to
9-38 subsection [4,] 5, appoint two committees. Except as otherwise
9-39 provided in subsection 2, one committee must be composed of three
9-40 persons who favor approval by the voters of the initiative,
9-41 referendum or other question and the other committee must be
9-42 composed of three persons who oppose approval by the voters of the
9-43 initiative, referendum or other question.
9-44 2. If, after consulting with the city clerk pursuant to subsection
9-45 [4,] 5, the council is unable to appoint three persons willing to serve
10-1 on a committee, the council may appoint fewer than three persons to
10-2 that committee, but the council must appoint at least one person to
10-3 each committee appointed pursuant to this section.
10-4 3. With respect to a committee appointed pursuant to this
10-5 section:
10-6 (a) A person may not serve simultaneously on the committee
10-7 that favors approval by the voters of an initiative, referendum or
10-8 other question and the committee that opposes approval by the
10-9 voters of that initiative, referendum or other question.
10-10 (b) Members of the committee serve without compensation.
10-11 (c) The term of office for each member commences upon
10-12 appointment and expires upon the publication of the sample ballot
10-13 containing the initiative, referendum or other question.
10-14 4. The city clerk may establish and maintain a list of the
10-15 persons who have expressed an interest in serving on a committee
10-16 appointed pursuant to this section. The city clerk, after exercising
10-17 due diligence to locate persons who favor approval by the voters of
10-18 an initiative, referendum or other question to be placed on the
10-19 ballot or who oppose approval by the voters of an initiative,
10-20 referendum or other question to be placed on the ballot, may use
10-21 the names on a list established pursuant to this subsection to:
10-22 (a) Make recommendations pursuant to subsection 5; and
10-23 (b) Appoint members to a committee pursuant to subsection 6.
10-24 5. Before the council appoints a committee pursuant to this
10-25 section, the city clerk shall:
10-26 (a) Recommend to the council persons to be appointed to the
10-27 committee; and
10-28 (b) Consider recommending pursuant to paragraph (a):
10-29 (1) Any person who has expressed an interest in serving on
10-30 the committee; and
10-31 (2) A person who is a member of an organization that has
10-32 expressed an interest in having a member of the organization serve
10-33 on the committee.
10-34 [5.] 6. If the council of a city whose population is 60,000 or
10-35 more fails to appoint a committee as required pursuant to this
10-36 section, the city clerk shall appoint the committee.
10-37 [6.] 7. A committee appointed pursuant to this section:
10-38 (a) Shall elect a chairman for the committee;
10-39 (b) Shall meet and conduct its affairs as necessary to fulfill the
10-40 requirements of this section;
10-41 (c) May seek and consider comments from the general public;
10-42 (d) Shall, based on whether the members were appointed to
10-43 advocate or oppose approval by the voters of the initiative,
10-44 referendum or other question, prepare an argument either advocating
11-1 or opposing approval by the voters of the initiative, referendum or
11-2 other question;
11-3 (e) Shall prepare a rebuttal to the argument prepared by the other
11-4 committee appointed pursuant to this section; and
11-5 (f) Shall submit the argument and rebuttal prepared pursuant to
11-6 paragraphs (d) and (e) to the city clerk not later than the date
11-7 prescribed by the city clerk pursuant to subsection [7.] 8.
11-8 [7.] 8. The city clerk of a city whose population is 60,000 or
11-9 more shall provide, by rule or regulation:
11-10 (a) The maximum permissible length of an argument or rebuttal
11-11 prepared pursuant to this section; and
11-12 (b) The date by which an argument or rebuttal prepared pursuant
11-13 to this section must be submitted by the committee to the city clerk.
11-14 [8.] 9. Upon receipt of an argument or rebuttal prepared
11-15 pursuant to this section, the city clerk:
11-16 (a) May consult with persons who are generally recognized by a
11-17 national or statewide organization as having expertise in the field or
11-18 area to which the initiative, referendum or other question pertains;
11-19 and
11-20 (b) Shall reject each statement in the argument or rebuttal that he
11-21 believes is libelous or factually inaccurate.
11-22 Not later than 5 days after the city clerk rejects a statement pursuant
11-23 to this subsection, the committee may appeal that rejection to the
11-24 city attorney. The city attorney shall review the statement and the
11-25 reasons for its rejection and may receive evidence, documentary or
11-26 testimonial, to aid him in his decision. Not later than 3 business days
11-27 after the appeal by the committee, the city attorney shall issue his
11-28 decision rejecting or accepting the statement. The decision of the
11-29 city attorney is a final decision for the purposes of judicial review.
11-30 [9.] 10. The city clerk shall place in the sample ballot provided
11-31 to the registered voters of the city each argument and rebuttal
11-32 prepared pursuant to this section, containing all statements that were
11-33 not rejected pursuant to subsection [8.] 9. The city clerk may revise
11-34 the language submitted by the committee so that it is clear, concise
11-35 and suitable for incorporation in the sample ballot, but shall not alter
11-36 the meaning or effect without the consent of the committee.
11-37 [10.] 11. In a city whose population is less than 60,000:
11-38 (a) The council may appoint committees pursuant to this section.
11-39 (b) If the council appoints committees pursuant to this section,
11-40 the city clerk shall provide for rules or regulations pursuant to
11-41 subsection [7.] 8.
11-42 12. If a question is to be placed on the ballot by an entity
11-43 described in paragraph (b) of subsection 1, the entity must provide
11-44 a copy and explanation of the question to the city clerk at least 30
11-45 days earlier than the date required for the submission of such
12-1 documents pursuant to subsection 1 of NRS 293.481. This
12-2 subsection does not apply to a question if the date that the question
12-3 must be submitted to the city clerk is governed by subsection 2 of
12-4 NRS 293.481.
12-5 Sec. 7. NRS 218.443 is hereby amended to read as follows:
12-6 218.443 1. As used in this section, “first committee of
12-7 reference” means the committee to which a bill or joint resolution
12-8 was first referred in the house of the Legislature into which it was
12-9 introduced.
12-10 2. Upon request from the first committee of reference, the
12-11 Legal, Research and Fiscal Analysis Divisions of the Legislative
12-12 Counsel Bureau shall prepare, for any proposed constitutional
12-13 amendment or statewide measure which, if approved by the
12-14 Legislature, would be submitted to a vote of the people:
12-15 (a) A condensation of the proposal into a question to be placed
12-16 on the ballot;
12-17 (b) An explanation of the proposal, including arguments for and
12-18 against [it; and] the proposal;
12-19 (c) If the Legislature rejects a statewide measure proposed by
12-20 initiative, proposes a different measure on the same subject which
12-21 the Governor approves and includes the measure on the ballot
12-22 with the statewide measure proposed by initiative, rebuttals to each
12-23 argument for and against the proposal; and
12-24 (d) A fiscal note for the proposal, including an explanation of
12-25 any anticipated financial effects on state and local governments.
12-26 3. The condensation, explanation , arguments, rebuttals and
12-27 fiscal note must be of reasonable length and written in easily
12-28 understood language.
12-29 4. After the bill or joint resolution has been approved by both
12-30 houses of the Legislature, the first committee of reference shall
12-31 request the preparation of the condensation, explanation ,
12-32 arguments, rebuttals and fiscal note, if it has not already done so,
12-33 and shall review the draft and approve such changes as it deems
12-34 necessary.
12-35 5. The first committee of reference shall submit the
12-36 condensation, explanation , arguments, rebuttals and fiscal note, in
12-37 the form of a simple resolution, to the members of the house in
12-38 which the proposed constitutional amendment or statewide measure
12-39 was introduced. After that resolution is approved, it must be entered
12-40 in the journal in its entirety and the enrolled resolution delivered to
12-41 the Secretary of State to accompany the bill or joint resolution to
12-42 which it relates.
12-43 6. If the Legislature adjourns before the procedures set forth in
12-44 subsections 4 and 5 have been completed, the Legislative
12-45 Commission shall review, revise and approve the condensation,
13-1 explanation , arguments, rebuttals and fiscal note for delivery to the
13-2 Secretary of State on or before July 1 of the year in which the
13-3 general election is to be held.
13-4 7. In the case of a joint resolution which proposes a
13-5 constitutional amendment, the condensation, explanation ,
13-6 arguments, rebuttals and fiscal note must be treated in the same
13-7 manner when the proposal is before the Legislature for its second
13-8 approval as when the proposal was first approved.
13-9 8. The Legislative Counsel Bureau shall distribute copies of the
13-10 condensations, explanations , arguments, rebuttals and fiscal notes
13-11 to members of the Legislature, public libraries, newspapers and
13-12 broadcasters.
13-13 H