Assembly Bill No. 528–Committee on Elections, Procedures, and Ethics

 

(One Behalf of the Secretary of State)

 

March 24, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes to provisions governing elections and campaign finance. (BDR 24‑559)

 

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 provisions governing the preparation of explanations and arguments for and against certain questions that will appear on the ballot; specifying how periods of time are measured for election duties; revising provisions governing the circulation of certain petitions; changing the date by which a county clerk must determine the number of registered voters of each major political party in each precinct; revising the provisions governing the consequences of a candidate’s death; specifying that filing fees are not refundable; changing the date by which the canvass of votes for certain offices and questions must occur; clarifying that minor political parties may receive a list of registered voters from the county clerk without charge; revising the provisions governing the date by which sample ballots must be mailed to the registered voters; expanding the definition of a committee for the recall of a public officer; changing the officer with whom a candidate who is not elected must file a report concerning unspent contributions; changing the dates by which certain groups must make available information concerning advertising for campaigns; restricting the civil penalties that may be imposed for filing late campaign reports against a public officer or

candidate for public office that is not entitled to receive compensation; 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.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  For each question to be placed on the ballot by a governing body pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 293.481, the governing body shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the question and the other committee must be composed of three persons who oppose approval by the voters of the question.

    2.  If, after consulting with the county clerk pursuant to subsection 4, the governing body is unable to appoint three persons who are willing to serve on a committee, the governing body may appoint fewer than three persons to that committee, but the governing body must appoint at least one person to each committee appointed pursuant to this section.

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

    (a) A person may not serve simultaneously on the committee that favors approval by the voters of a question and the committee that opposes approval by the question.

    (b) Members of the committee serve without compensation.

    (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the question.

    4.  Before the governing body appoints a committee pursuant to this section, the county clerk shall:

    (a) Recommend to the governing body persons to be appointed to the committee; and

    (b) Consider recommending pursuant to paragraph (a):

        (1) Any person who has expressed an interest in serving on the committee; and

        (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    5.  If the governing body fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.

    6.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

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

    (d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the question, prepare an argument either advocating or opposing approval by the voters of the question;

    (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and

    (f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.

    7.  The county clerk shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.

    8.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:

    (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the question pertains; and

    (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.

    9.  The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section which contain all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.

    10.  As used in this section, “governing body” means a governing body of a political subdivision, public or quasi-public corporation, or other local agency that is authorized by law to submit questions to the qualified electors or registered voters of a designated territory and is subject to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 293.481.

    Sec. 3.  1.  For each question to be placed on the ballot by a governing body pursuant to paragraph (d) of subsection 1 of NRS 293.481, the governing body shall, in consultation with the city clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the question and the other committee must be composed of three persons who oppose approval by the voters of the question.

    2.  If, after consulting with the city clerk pursuant to subsection 4, the governing body is unable to appoint three persons willing to serve on a committee, the governing body may appoint fewer than three persons to that committee, but the governing body must appoint at least one person to each committee appointed pursuant to this section.

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

    (a) A person may not serve simultaneously on the committee that favors approval by the voters of a question and the committee that opposes approval by the voters of that question.

    (b) Members of the committee serve without compensation.

    (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the question.

    4.  Before the governing body appoints a committee pursuant to this section, the city clerk shall:

    (a) Recommend to the governing body persons to be appointed to the committee; and

    (b) Consider recommending pursuant to paragraph (a):

        (1) Any person who has expressed an interest in serving on the committee; and

        (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    5.  If the governing body fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.

    6.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

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

    (d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the question, prepare an argument either advocating or opposing approval by the voters of the question;

    (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and

    (f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 7.

    7.  The city clerk shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

    8.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

    (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the question pertains; and

    (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.

    9.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section which contain all statements that were not rejected pursuant to subsection 8. The city clerk may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.

    10.  As used in this section, “governing body” means a governing body of a political subdivision, public or quasi-public corporation, or other local agency that is authorized by law to

submit questions to the qualified electors or registered voters of a designated territory and is subject to the provisions of paragraph (d) of subsection 1 of NRS 293.481.

1-1  Sec. 4. NRS 293.1275 is hereby amended to read as follows:

1-2  293.1275  1.  Except as otherwise provided in this section, in

1-3  computing any period of time specified for the execution of an act

1-4  or event in this title, Saturdays, Sundays, legal holidays and

1-5  holidays proclaimed by the Governor must be counted.

1-6  2.  If the last day limited for filing any paper mentioned in this

1-7  title falls on a Saturday, Sunday, legal holiday or any holiday

1-8  proclaimed by the Governor, the period so limited must expire on

1-9  the following business day at 5 p.m.

1-10      3.  Saturdays, Sundays, and holidays must not be counted if

1-11  the provision specifying the period states that:

1-12      (a) Any such days are excluded; or

1-13      (b) The period is measured by working days.

1-14      Sec. 5.  NRS 293.128 is hereby amended to read as follows:

1-15      293.128  1.  To qualify as a major political party, any

1-16  organization must, under a common name:

1-17      (a) On January 1 preceding any primary election, have been

1-18  designated as a political party on the applications to register to vote

1-19  of at least 10 percent of the total number of registered voters in this

1-20  state; or

1-21      (b) File a petition with the Secretary of State not later than the

1-22  last Friday in April before any primary election signed by a number

1-23  of registered voters equal to or more than 10 percent of the total

1-24  number of votes cast at the last preceding general election for the

1-25  offices of Representative in Congress.

1-26      2.  If a petition is filed pursuant to paragraph (b) of subsection

1-27  1, the names of the voters need not all be on one document, but each

1-28  document of the petition must be verified by [at least one of its

1-29  signers] the circulator thereof to the effect that the signers are

1-30  registered voters of this state according to his best information and

1-31  belief and that the signatures are genuine and were signed in his

1-32  presence. Each document of the petition must bear the name of a

1-33  county and only registered voters of that county may sign the

1-34  document. The documents which are circulated for signature must

1-35  then be submitted for verification pursuant to NRS 293.1276 to

1-36  293.1279, inclusive, not later than 25 working days before the last

1-37  Friday in April preceding a primary election.

1-38      3.  In addition to the requirements set forth in subsection 1,

1-39  each organization which wishes to qualify as a political party must

1-40  file with the Secretary of State a certificate of existence which

1-41  includes the:

1-42      (a) Name of the political party;

2-1  (b) Names and addresses of its officers;

2-2  (c) Names of the members of its executive committee; and

2-3  (d) Name of the person who is authorized by the party to act as

2-4  resident agent in this state.

2-5  4.  A political party shall file with the Secretary of State an

2-6  amended certificate of existence within 5 days after any change in

2-7  the information contained in the certificate.

2-8  Sec. 6.  NRS 293.133 is hereby amended to read as follows:

2-9  293.133  1.  The number of delegates from each voting

2-10  precinct in each county to the county convention of any major

2-11  political party for that county must be in proportion to the number of

2-12  registered voters of that party residing in the precinct as follows:

2-13      (a) In the counties in which the total number of registered voters

2-14  of that party has not exceeded 400, each precinct is entitled to one

2-15  delegate for each [five] 5 registered voters.

2-16      (b) In counties in which the total number of registered voters of

2-17  that party has exceeded 400 but has not exceeded 600, each precinct

2-18  is entitled to one delegate for each [eight] 8 registered voters.

2-19      (c) In counties in which the total number of registered voters of

2-20  that party has exceeded 600 but has not exceeded 800, each precinct

2-21  is entitled to one delegate for each 10 registered voters.

2-22      (d) In counties in which the total number of registered voters of

2-23  that party has exceeded 800 but has not exceeded 1,400, each

2-24  precinct is entitled to one delegate for each 15 registered voters.

2-25      (e) In counties in which the total number of registered voters of

2-26  that party has exceeded 1,400 but has not exceeded 2,000, each

2-27  precinct is entitled to one delegate for each 20 registered voters or

2-28  major fraction thereof.

2-29      (f) In counties in which the total number of registered voters of

2-30  that party has exceeded 2,000 but has not exceeded 3,000, each

2-31  precinct is entitled to one delegate for each 30 registered voters or

2-32  major fraction thereof.

2-33      (g) In counties in which the total number of registered voters of

2-34  that party has exceeded 3,000 but has not exceeded 4,000, each

2-35  precinct is entitled to one delegate for each 35 registered voters or

2-36  major fraction thereof.

2-37      (h) In counties in which the total number of registered voters of

2-38  that party has exceeded 4,000, each precinct is entitled to one

2-39  delegate for each 50 registered voters or major fraction thereof.

2-40      2.  The county clerk shall determine the number of registered

2-41  voters of each party in each precinct as of [the first Monday in]

2-42  January 1 of each year in which a convention is held, and shall

2-43  notify the Secretary of State and the county central committee of

2-44  each major political party of those numbers within 30 days after the

2-45  determinative date.

3-1  3.  In all counties every precinct is entitled to at least one

3-2  delegate to each county convention.

3-3  Sec. 7.  NRS 293.165 is hereby amended to read as follows:

3-4  293.165  1.  Except as otherwise provided in NRS 293.166, a

3-5  vacancy occurring in a major or minor political party nomination for

3-6  a partisan office may be filled by a candidate designated by the

3-7  party central committee of the county or State, as the case may be,

3-8  of the major political party or by the executive committee of the

3-9  minor political party subject to the provisions of subsections 4

3-10  and 5.

3-11      2.  A vacancy occurring in a nonpartisan nomination after the

3-12  close of filing and on or before 5 p.m. of the second Tuesday in

3-13  [August] July must be filled by filing a nominating petition that is

3-14  signed by registered voters of the State, county, district or

3-15  municipality who may vote for the office in question. The number

3-16  of registered voters who sign the petition must not be less than 1

3-17  percent of the number of persons who voted for the office in

3-18  question in the State, county, district or municipality at the last

3-19  preceding general election. The petition must be filed not earlier

3-20  than the first Tuesday in June and not later than the fourth Tuesday

3-21  in [August.] July. The petition may consist of more than one

3-22  document. Each document must bear the name of one county and

3-23  must be signed only by a person who is a registered voter of that

3-24  county and who may vote for the office in question. Each document

3-25  of the petition must be submitted for verification pursuant to NRS

3-26  293.1276 to 293.1279, inclusive, to the county clerk of the county

3-27  named on the document. A candidate nominated pursuant to the

3-28  provisions of this subsection:

3-29      (a) Must file a declaration of candidacy or acceptance of

3-30  candidacy and pay the statutory filing fee on or before the date the

3-31  petition is filed; and

3-32      (b) May be elected only at a general election and his name must

3-33  not appear on the ballot for a primary election.

3-34      3.  A vacancy occurring in a nonpartisan nomination after 5

3-35  p.m. of the second Tuesday in [August] July and on or before 5 p.m.

3-36  of the second Tuesday in September must be filled by the person

3-37  who receives the next highest vote for the nomination in the

3-38  primary.

3-39      4.  No change may be made on the ballot for the general

3-40  election after 5 p.m. of the second Tuesday in September of the year

3-41  in which the general election is held. If a nominee dies after that

3-42  time and date, his name must remain on the ballot for the general

3-43  election and, if elected, a vacancy exists.

3-44      5.  All designations provided for in this section must be filed on

3-45  or before 5p.m. on the second Tuesday in September. In each case,

4-1  the statutory filing fee must be paid and an acceptance of the

4-2  designation must be filed on or before 5p.m. on the date the

4-3  designation is filed.

4-4  Sec. 8.  NRS 293.193 is hereby amended to read as follows:

4-5  293.193  1.  Fees as listed in this section for filing declarations

4-6  of candidacy or acceptances of candidacy must be paid to the filing

4-7  officer by cash, cashier’s check or certified check.

 

4-8  United States Senator........................ $500

4-9  Representative in Congress................. 300

4-10  Governor............................................. 300

4-11  Justice of the Supreme Court............. 300

4-12  Any state office, other than Governor or justice

4-13      of the Supreme Court..................... 200

4-14  District judge....................................... 150

4-15  Justice of the peace............................. 100

4-16  Any county office................................ 100

4-17  State Senator........................................ 100

4-18  Assemblyman...................................... 100

4-19  Any district office other than district judge  30

4-20  Constable or other town or township office30

 

4-21  For the purposes of this subsection, trustee of a county school

4-22  district, hospital or hospital district is not a county office.

4-23      2.  No filing fee may be required from a candidate for an office

4-24  the holder of which receives no compensation.

4-25      3.  The county clerk shall pay to the county treasurer all filing

4-26  fees received by him from candidates. The county treasurer shall

4-27  deposit the money to the credit of the general fund of the county.

4-28      4.  Except as otherwise provided in NRS 293.194, a filing fee

4-29  paid pursuant to this section is not refundable.

4-30      Sec. 9.  NRS 293.200 is hereby amended to read as follows:

4-31      293.200  1.  An independent candidate for partisan office must

4-32  file with the appropriate filing officer:

4-33      (a) A copy of the petition of candidacy that he intends to

4-34  subsequently circulate for signatures. The copy must be filed not

4-35  earlier than the January 2 preceding the date of the election and not

4-36  later than 25 working days before the last day to file the petition

4-37  pursuant to subsection 4. [The copy must also be filed before the

4-38  petition may be circulated.]

4-39      (b) Either of the following:

4-40          (1) A petition of candidacy signed by a number of registered

4-41  voters equal to at least 1 percent of the total number of ballots cast

4-42  in:

5-1           (I) This state for that office at the last preceding general

5-2  election in which a person was elected to that office, if the office is a

5-3  statewide office;

5-4           (II) The county for that office at the last preceding general

5-5  election in which a person was elected to that office, if the office is a

5-6  county office; or

5-7           (III) The district for that office at the last preceding

5-8  general election in which a person was elected to that office, if the

5-9  office is a district office.

5-10          (2) A petition of candidacy signed by 250 registered voters if

5-11  the candidate is a candidate for statewide office, or signed by 100

5-12  registered voters if the candidate is a candidate for any office other

5-13  than a statewide office.

5-14      2.  The petition may consist of more than one document. Each

5-15  document must bear the name of the county in which it was

5-16  circulated , and only registered voters of that county may sign the

5-17  document. If the office is not a statewide office, only the registered

5-18  voters of the county, district or municipality in question may sign

5-19  the document. The documents that are circulated for signature in a

5-20  county must be submitted to that county clerk for verification in the

5-21  manner prescribed in NRS 293.1276 to 293.1279, inclusive, not

5-22  later than 25 working days before the last day to file the petition

5-23  pursuant to subsection 4. Each person who signs the petition shall

5-24  add to his signature the address of the place at which he actually

5-25  resides, the date that he signs the petition and the name of the

5-26  county where he is registered to vote. The person who circulates

5-27  each document of the petition shall sign an affidavit attesting that

5-28  the signatures on the document are genuine to the best of his

5-29  knowledge and belief and were signed in his presence by persons

5-30  registered to vote in that county.

5-31      3.  The petition of candidacy may state the principle, if any,

5-32  which the person qualified represents.

5-33      4.  Petitions of candidacy must be filed not earlier than the first

5-34  Monday in May preceding the general election and not later than 5

5-35  p.m. on the third Monday in May.

5-36      5.  No petition of candidacy may contain the name of more than

5-37  one candidate for each office to be filled.

5-38      6.  A person may not file as an independent candidate if he is

5-39  proposing to run as the candidate of a political party.

5-40      7.  The names of independent candidates must be placed on the

5-41  general election ballot and must not appear on the primary election

5-42  ballot.

5-43      8.  If the candidacy of any person seeking to qualify pursuant to

5-44  this section is challenged, all affidavits and documents in support of

5-45  the challenge must be filed not later than 5 p.m. on the fourth

6-1  Monday in May. Any judicial proceeding resulting from the

6-2  challenge must be set for hearing not more than 5 days after the

6-3  fourth Monday in May.

6-4  9.  Any challenge pursuant to subsection 8 must be filed with:

6-5  (a) The first judicial district court if the petition of candidacy

6-6  was filed with the Secretary of State.

6-7  (b) The district court for the county where the petition of

6-8  candidacy was filed if the petition was filed with a county clerk.

6-9  10.  An independent candidate for partisan office must file a

6-10  declaration of candidacy with the appropriate filing officer and pay

6-11  the fee required by NRS 293.193 not earlier than the first Monday in

6-12  May of the year in which the election is held nor later than 5 p.m. on

6-13  the third Monday in May.

6-14      Sec. 10.  NRS 293.302 is hereby amended to read as follows:

6-15      293.302  If a candidate whose name appears on the ballot at a

6-16  primary election or general election dies [within the periods] after

6-17  the applicable dates set forth in NRS 293.368[,] but before the

6-18  time of the closing of the polls on the day of the election, the

6-19  county clerk shall post a notice of the candidate’s death at each

6-20  polling place where the candidate’s name will appear on the ballot

6-21  [.] for the primary election or general election.

6-22      Sec. 11.  NRS 293.368 is hereby amended to read as follows:

6-23      293.368  1.  Whenever a candidate whose name appears

6-24  upon the ballot at a primary election dies after 5 p.m. of the

6-25  second Tuesday in July, his name must remain on the ballot and

6-26  the votes cast for the deceased candidate must be counted in

6-27  determining the nomination for the office for which the decedent

6-28  was a candidate.

6-29      2.  If the deceased candidate on the ballot at the primary

6-30  election receives the number of votes required to receive the

6-31  nomination to the office for which he was a candidate, except as

6-32  otherwise provided in subsection 3 of NRS 293.165, he shall be

6-33  deemed nominated and there shall be a vacancy in the nomination

6-34  that must be filled as provided in NRS 293.165 or 293.166. If the

6-35  deceased person was a candidate for a nonpartisan office, the

6-36  nomination must be filled pursuant to subsection 2 of

6-37  NRS 293.165.

6-38      3.  Whenever a candidate whose name appears upon the ballot

6-39  at a general election dies after 5p.m. of the [third] second Tuesday

6-40  in September , [and before the time of the closing of the polls on the

6-41  day of the election,] the votes cast for the deceased candidate must

6-42  be counted in determining the results of the election for the office

6-43  for which the decedent was a candidate.

6-44      [2.] 4.  If the deceased candidate on the ballot at the general

6-45  election receives the majority of the votes cast for the office, he

7-1  shall be deemed elected and the office to which he was elected shall

7-2  be deemed vacant at the beginning of the term for which he was

7-3  elected. The vacancy thus created must be filled in the same manner

7-4  as if the candidate had died after taking office for that term.

7-5  Sec. 12.  NRS 293.395 is hereby amended to read as follows:

7-6  293.395  1.  The board of county commissioners, after making

7-7  the abstract of votes as provided in NRS 293.393, shall cause the

7-8  county clerk to certify the abstract and, by an order made and

7-9  entered in the minutes of its proceedings, to make:

7-10      (a) A copy of the certified abstract; and

7-11      (b) A mechanized report of that abstract in compliance with

7-12  regulations adopted by the Secretary of State,

7-13  and forthwith transmit them to the Secretary of State.

7-14      2.  On the fourth [Wednesday] Tuesday of November after each

7-15  general election, the justices of the Supreme Court, or a majority

7-16  thereof, shall meet with the Secretary of State, and shall open and

7-17  canvass the vote for the number of presidential electors to which this

7-18  state may be entitled, United States Senator, Representative in

7-19  Congress, members of the Legislature, state officers who are elected

7-20  statewide or by district, district judges, or district officers whose

7-21  districts include area in more than one county and for and against

7-22  any question submitted.

7-23      3.  The Governor shall issue certificates of election to and

7-24  commission the persons having the highest number of votes and

7-25  shall issue proclamations declaring the election of those persons.

7-26      Sec. 13.  NRS 293.405 is hereby amended to read as follows:

7-27      293.405  1.  If the person who demanded the recount does not

7-28  prevail, and it is found that the sum deposited was less than the cost

7-29  of the recount, the person shall, upon demand, pay the deficiency to

7-30  the county clerk, city clerk or Secretary of State, as the case may be.

7-31  If the sum deposited is in excess of the cost, the excess must be

7-32  refunded to him.

7-33      2.  If the person who demanded the recount prevails, the sum

7-34  deposited with the Secretary of State, county clerk or city clerk must

7-35  be refunded to the person and the cost of the recount must be paid as

7-36  follows:

7-37      (a) If the recount concerns an office or ballot question for which

7-38  voting is not statewide, the cost must be borne by the county or city

7-39  which conducted the recount.

7-40      (b) If the recount concerns an office or ballot question for which

7-41  voting is statewide, the clerk of each county shall submit a statement

7-42  of its costs in the recount to the Secretary of State for review and

7-43  approval. The Secretary of State shall submit the statements to the

7-44  State Board of Examiners, which shall repay the allowable costs

8-1  from the Reserve for Statutory Contingency Account to the

8-2  respective counties.

8-3  3.  Each recount must be commenced within 5 days after

8-4  demand, and must be completed within 5 days after it is begun.

8-5  [Sundays and holidays must not be excluded in determining each

8-6  5‑day period.]

8-7  4.  After the recount of a precinct is completed, that precinct

8-8  must not be subject to another recount for the same office or ballot

8-9  question at the same election.

8-10      Sec. 14.  NRS 293.440 is hereby amended to read as follows:

8-11      293.440  1.  Any person who desires a copy of any list of the

8-12  persons who are registered to vote in any precinct, district or county

8-13  may obtain a copy by applying at the office of the county clerk and

8-14  paying therefor a sum of money equal to one cent per name on the

8-15  list, except that one copy of each original and supplemental list for

8-16  each precinct, district or county must be provided to the state [and]

8-17  or county central committee of any major political party[,] or to the

8-18  executive committee of any minor political party upon request,

8-19  without charge.

8-20      2.  Except as otherwise provided in NRS 293.558, the copy of

8-21  the list provided pursuant to this section must indicate the address,

8-22  date of birth, telephone number and the serial number on each

8-23  application to register to vote. If the county maintains this

8-24  information in a computer database, the date of the most recent

8-25  addition or revision to an entry, if made on or after July 1, 1989,

8-26  must be included in the database and on any resulting list of the

8-27  information. The date must be expressed numerically in the order of

8-28  month, day and year.

8-29      3.  A county may not pay more than 10 cents per folio or more

8-30  than $6 per thousand copies for printed lists for a precinct or district.

8-31      4.  A county which has a system of computers capable of

8-32  recording information on magnetic tape or diskette shall, upon

8-33  request of the state or county central committee of any major

8-34  political party or the executive committee of any minor political

8-35  party which has filed a certificate of existence with the Secretary of

8-36  State, record for that central committee or executive committee on

8-37  magnetic tape or diskette supplied by it:

8-38      (a) The list of persons who are registered to vote and the

8-39  information required in subsection 2; and

8-40      (b) Not more than four times per year, as requested by the

8-41  central committee[:] or the executive committee:

8-42          (1) A complete list of the persons who are registered to vote

8-43  with a notation for the most recent entry of the date on which the

8-44  entry or the latest change in the information was made; or

9-1       (2) A list that includes additions and revisions made to the

9-2  list of persons who are registered to vote after a date specified by the

9-3  central committee[.] or the executive committee.

9-4  5.  If a political party does not provide its own magnetic tape or

9-5  diskette, or if a political party requests the list in any other form that

9-6  does not require printing, the county clerk may charge a fee to cover

9-7  the actual cost of providing the tape, diskette or list.

9-8  Sec. 15.  NRS 293.481 is hereby amended to read as follows:

9-9  293.481  1.  Except as otherwise provided in subsection 2 or

9-10  NRS 295.121 or 295.217, every governing body of a political

9-11  subdivision, public or quasi-public corporation, or other local

9-12  agency authorized by law to submit questions to the qualified

9-13  electors or registered voters of a designated territory, when the

9-14  governing body decides to submit a question:

9-15      (a) At a general election, shall provide a copy of the question,

9-16  including an explanation of [and] the question, arguments for and

9-17  against the question, and rebuttals to such arguments, prepared

9-18  pursuant to section 2 of this act to each county clerk within the

9-19  designated territory on or before the third Monday in July preceding

9-20  the election.

9-21      (b) At a primary election, shall provide a copy of the question,

9-22  including an explanation of [and] the question, arguments for and

9-23  against the question, and rebuttals to such arguments, prepared

9-24  pursuant to section 2 of this act to each county clerk within the

9-25  designated territory on or before the third Monday in May preceding

9-26  the election.

9-27      (c) At any election other than a primary or general election at

9-28  which the county clerk gives notice of the election or otherwise

9-29  performs duties in connection therewith other than the registration

9-30  of electors and the making of records of registered voters available

9-31  for the election, shall provide a copy of the question, including an

9-32  explanation of [and] the question, arguments for and against the

9-33  question, and rebuttals to such arguments, prepared pursuant to

9-34  section 2 of this act to each county clerk at least 60 days before the

9-35  election.

9-36      (d) At any city election at which the city clerk gives notice of

9-37  the election or otherwise performs duties in connection therewith,

9-38  shall provide a copy of the question, including an explanation of

9-39  [and] the question, arguments for and against the question, and

9-40  rebuttals to such arguments, prepared pursuant to section 3 of this

9-41  act to the city clerk at least 60 days before the election.

9-42      2.  A question may be submitted after the dates specified in

9-43  subsection 1 if the question is expressly privileged or required to be

9-44  submitted pursuant to the provisions of Article 19 of the

9-45  Constitution of the State of Nevada, or pursuant to the provisions of

10-1  chapter 295 of NRS or any other statute except NRS 293.482,

10-2  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

10-3  authorizes the governing body to issue bonds upon the approval of

10-4  the voters.

10-5      3.  A county or city clerk may charge any political subdivision,

10-6  public or quasi-public corporation or other local agency which

10-7  submits a question a reasonable fee sufficient to pay for the

10-8  increased costs incurred in including the question, explanation and

10-9  arguments on the ballot.

10-10     Sec. 16.  NRS 293.482 is hereby amended to read as follows:

10-11     293.482  1.  The governing body of any county or city may, at

10-12  any general election or general city election, ask the advice of the

10-13  registered voters within its jurisdiction on any question which it has

10-14  under consideration by adopting a resolution which:

10-15     (a) [Except as otherwise provided in NRS 295.121 and 295.217,

10-16  sets] Sets forth the advisory question ; [, including an explanation of

10-17  and arguments for and against the question, to be submitted to the

10-18  voters;] and

10-19     (b) States that the result of the voting on the question does not

10-20  place any legal requirement on the governing body or any officer of

10-21  the political subdivision.

10-22     2.  A governing body may, at any general election, ask the

10-23  advice of the registered voters of part of its territory if:

10-24     (a) The advisory question to be submitted affects only that part

10-25  of its territory; and

10-26     (b) The resolution adopted pursuant to subsection 1 sets forth

10-27  the boundaries of the area in which the advice of the registered

10-28  voters will be asked.

10-29     3.  For each advisory question submitted to the registered

10-30  voters pursuant to this section, arguments and rebuttals pursuant

10-31  to NRS 295.121 and 295.217.

10-32     Sec. 17.  NRS 293.565 is hereby amended to read as follows:

10-33     293.565  1.  Except as otherwise provided in subsection 2,

10-34  sample ballots must include:

10-35     (a) The fiscal note, as provided pursuant to NRS 218.443 or

10-36  293.250, for each proposed constitutional amendment or statewide

10-37  measure;

10-38     (b) An explanation, as provided pursuant to NRS 218.443, of

10-39  each proposed constitutional amendment or statewide measure,

10-40  including arguments for and against it; and

10-41     (c) The full text of each proposed constitutional amendment.

10-42     2.  Sample ballots that are mailed to registered voters may be

10-43  printed without the full text of each proposed constitutional

10-44  amendment if:

11-1      (a) The cost of printing the sample ballots would be significantly

11-2  reduced if the full text of each proposed constitutional amendment

11-3  were not included;

11-4      (b) The county clerk ensures that a sample ballot that includes

11-5  the full text of each proposed constitutional amendment is provided

11-6  at no charge to each registered voter who requests such a sample

11-7  ballot; and

11-8      (c) The sample ballots provided to each polling place include the

11-9  full text of each proposed constitutional amendment.

11-10     3.  [At least] Ten days before the period for early voting, if

11-11  feasible, but not later than 10 days before any election, the county

11-12  clerk shall cause to be mailed to each registered voter in the county

11-13  a sample ballot for his precinct with a notice informing the voter of

11-14  the location of his polling place. If the location of the polling place

11-15  has changed since the last election:

11-16     (a) The county clerk shall mail a notice of the change to each

11-17  registered voter in the county not sooner than 10 days before

11-18  mailing the sample ballots; or

11-19     (b) The sample ballot must also include a notice in bold type

11-20  immediately above the location which states:

 

11-21  NOTICE: THE LOCATION OF YOUR POLLING PLACE

11-22  HAS CHANGED SINCE THE LAST ELECTION

 

11-23     4.  Except as otherwise provided in subsection 5, a sample

11-24  ballot required to be mailed pursuant to this section must:

11-25     (a) Be printed in at least 12-point type; and

11-26     (b) Include on the front page, in a separate box created by bold

11-27  lines, a notice printed in at least 20-point bold type that states:

 

11-28  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

11-29  LARGE TYPE, CALL (Insert appropriate telephone number)

 

11-30     5.  A portion of a sample ballot that contains a facsimile of the

11-31  display area of a voting device may include material in less than

11-32  12-point type to the extent necessary to make the facsimile fit on the

11-33  pages of the sample ballot.

11-34     6.  The sample ballot mailed to a person who requests a sample

11-35  ballot in large type by exercising the option provided pursuant to

11-36  NRS 293.508, or in any other manner, must be printed in at least

11-37  14-point type, or larger when practicable.

11-38     7.  If a person requests a sample ballot in large type, the county

11-39  clerk shall ensure that all future sample ballots mailed to that person

11-40  from the county are in large type.

12-1      8.  The county clerk shall include in each sample ballot a

12-2  statement indicating that the county clerk will, upon request of a

12-3  voter who is elderly or disabled, make reasonable accommodations

12-4  to allow the voter to vote at his polling place and provide reasonable

12-5  assistance to the voter in casting his vote, including, without

12-6  limitation, providing appropriate materials to assist the voter.

12-7      9.  The cost of mailing sample ballots for any election other

12-8  than a primary or general election must be borne by the political

12-9  subdivision holding the election.

12-10     Sec. 18.  NRS 293C.190 is hereby amended to read as follows:

12-11     293C.190  1.  A vacancy occurring in a nomination for a city

12-12  office after the close of filing and on or before 5 p.m. of the first

12-13  Tuesday after the first Monday in [April] March in a year in which

12-14  a general city election is held must be filled by filing a nominating

12-15  petition that is signed by at least 1 percent of the persons who are

12-16  registered to vote and who voted for that office at the last preceding

12-17  general city election. The petition must be filed not earlier than [30

12-18  days before the date of the primary city election] the third Tuesday

12-19  in February and not later than the third Tuesday after the third

12-20  Monday in [April.] March. A candidate nominated pursuant to the

12-21  provisions of this subsection may be elected only at a general city

12-22  election , and his name must not appear on the ballot for a primary

12-23  city election.

12-24     2.  A vacancy occurring in a nomination for a city office after [a

12-25  primary city election] 5 p.m. of the first Tuesday after the first

12-26  Monday in March and on or before 5 p.m. of the second Tuesday

12-27  after the second Monday in April must be filled by the person who

12-28  received the next highest vote for the nomination in the primary city

12-29  election.

12-30     3.  Except to place a candidate nominated pursuant to

12-31  subsection 1 on the ballot, no change may be made on the ballot for

12-32  the general city election after 5 p.m. of the second Tuesday after the

12-33  second Monday in April of the year in which the general city

12-34  election is held. If a nominee dies after that time and date, his name

12-35  must remain on the ballot for the general city election and, if

12-36  elected, a vacancy exists.

12-37     4.  All designations provided for in this section must be filed on

12-38  or before 5 p.m. on the second Tuesday after the second Monday in

12-39  April of the year in which the general city election is held. The

12-40  filing fee must be paid and an acceptance of the designation must be

12-41  filed on or before 5 p.m. on that date.

12-42     Sec. 19.  NRS 293C.291 is hereby amended to read as follows:

12-43     293C.291  If a candidate whose name appears on the ballot at a

12-44  primary city election or general city election dies [within the

12-45  periods] after the applicable date set forth in NRS 293C.370[,] but

13-1  before the time of the closing of the polls on the day of the

13-2  election, the city clerk shall post a notice of the candidate’s death at

13-3  each polling place where the candidate’s name will appear on the

13-4  ballot[.] for the primary city election or general city election.

13-5      Sec. 20.  NRS 293C.370 is hereby amended to read as follows:

13-6      293C.370  1.  Whenever a candidate whose name appears

13-7  upon the ballot at a primary city election dies after 5 p.m. of the

13-8  first Tuesday after the first Monday in March, his name must

13-9  remain on the ballot and the votes cast for the deceased candidate

13-10  must be counted in determining the nomination for the office for

13-11  which the decedent was a candidate.

13-12     2.  If the deceased candidate on the ballot at the primary city

13-13  election receives the number of votes required to receive the

13-14  nomination to the office for which he was a candidate, the

13-15  nomination is filled as provided in subsection 2 of NRS 293C.190.

13-16     3.  Whenever a candidate whose name appears upon the ballot

13-17  at a general city election dies after 5p.m. of the [third] second

13-18  Tuesday after the [third] second Monday in April , [and before the

13-19  time of the closing of the polls on the day of the election,] the votes

13-20  cast for the deceased candidate must be counted in determining the

13-21  results of the election for the office for which the decedent was a

13-22  candidate.

13-23     [2.] 4.  If the deceased candidate on the ballot at the general

13-24  election receives the majority of the votes cast for the office, he

13-25  shall be deemed elected and the office to which he was elected shall

13-26  be deemed vacant at the beginning of the term for which he was

13-27  elected. The vacancy created must be filled in the same manner as if

13-28  the candidate had died after taking office for that term.

13-29     Sec. 21.  NRS 293C.530 is hereby amended to read as follows:

13-30     293C.530  1.  [At least] Ten days before the period for early

13-31  voting, if feasible, but not later than 10 days before an election, the

13-32  city clerk shall cause to be mailed to each registered voter in the city

13-33  a sample ballot for his precinct with a notice informing the voter of

13-34  the location of his polling place. If the location of the polling place

13-35  has changed since the last election:

13-36     (a) The city clerk shall mail a notice of the change to each

13-37  registered voter in the city not sooner than 10 days before mailing

13-38  the sample ballots; or

13-39     (b) The sample ballot must also include a notice in bold type

13-40  immediately above the location which states:

 

13-41  NOTICE: THE LOCATION OF YOUR POLLING PLACE

13-42  HAS CHANGED SINCE THE LAST ELECTION

 

14-1      2.  Except as otherwise provided in subsection 3, a sample

14-2  ballot required to be mailed pursuant to this section must:

14-3      (a) Be printed in at least 12-point type; and

14-4      (b) Include on the front page, in a separate box created by bold

14-5  lines, a notice printed in at least 20-point bold type that states:

 

14-6  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

14-7  LARGE TYPE, CALL (Insert appropriate telephone number)

 

14-8      3.  A portion of a sample ballot that contains a facsimile of the

14-9  display area of a voting device may include material in less than

14-10  12-point type to the extent necessary to make the facsimile fit on the

14-11  pages of the sample ballot.

14-12     4.  The sample ballot mailed to a person who requests a sample

14-13  ballot in large type by exercising the option provided pursuant to

14-14  NRS 293.508, or in any other manner, must be printed in at least

14-15  14-point type, or larger when practicable.

14-16     5.  If a person requests a sample ballot in large type, the city

14-17  clerk shall ensure that all future sample ballots mailed to that person

14-18  from the city are in large type.

14-19     6.  The city clerk shall include in each sample ballot a statement

14-20  indicating that the city clerk will, upon request of a voter who is

14-21  elderly or disabled, make reasonable accommodations to allow the

14-22  voter to vote at his polling place and provide reasonable assistance

14-23  to the voter in casting his vote, including, without limitation,

14-24  providing appropriate materials to assist the voter.

14-25     7.  The cost of mailing sample ballots for a city election must

14-26  be borne by the city holding the election.

14-27     Sec. 22.  NRS 294A.006 is hereby amended to read as follows:

14-28     294A.006  “Committee for the recall of a public officer” means

14-29  an organization [which receives] that:

14-30     1.  Receives any contributions, makes any contributions to

14-31  candidates or persons or makes any expenditures that are designed

14-32  to affect the recall of a public officer[.] ; or

14-33     2.  Files a notice of intent to circulate the petition for recall.

14-34     Sec. 23.  NRS 294A.180 is hereby amended to read as follows:

14-35     294A.180  1.  Each candidate for a state, district, county, city

14-36  or township office who is not elected to that office shall, not later

14-37  than the 15th day of the second month after his defeat, file a report

14-38  with the [Secretary of State] filing officer with whom he filed his

14-39  declaration of candidacy or acceptance of candidacy stating the

14-40  amount of contributions which he received for that campaign but did

14-41  not spend and the disposition of those unspent contributions.

14-42     2.  Each public officer who is elected to a state, district, county,

14-43  city or township office shall file a report:

15-1      (a) Not later than the 15th day of the second month after his

15-2  election, stating the amount of campaign contributions which he

15-3  received but did not spend and the amount, if any, of those unspent

15-4  contributions disposed of pursuant to subsections 2 and 6 of NRS

15-5  294A.160 as of the last day of the first month after his election;

15-6      (b) Not later than January 15th of each year of his term

15-7  beginning the year after he filed the report required by paragraph

15-8  (a), stating the amount, if any, of those unspent contributions

15-9  disposed of pursuant to NRS 294A.160 during the period from the

15-10  last date covered by his last report through December 31 of the

15-11  immediately preceding year and the manner in which they were

15-12  disposed of; and

15-13     (c) Not later than the 15th day of the second month after he no

15-14  longer holds that office, stating the amount and disposition of any

15-15  remaining unspent contributions.

15-16     3.  The reports required by subsections 1 and 2 must be

15-17  submitted on a form designed and provided by the Secretary of State

15-18  and signed by the candidate or public officer under penalty of

15-19  perjury.

15-20     4.  A public officer filing a report pursuant to subsection 2:

15-21     (a) Shall file the report with the officer with whom he filed his

15-22  declaration of candidacy or acceptance of candidacy.

15-23     (b) May file the report by certified mail. If certified mail is used,

15-24  the date of mailing shall be deemed the date of filing.

15-25     5.  A county clerk who receives from a legislative or judicial

15-26  officer, other than a justice of the peace or municipal judge, a report

15-27  pursuant to subsection 4 shall file a copy of the report with the

15-28  Secretary of State within 10 working days after he receives the

15-29  report.

15-30     Sec. 24.  NRS 294A.370 is hereby amended to read as follows:

15-31     294A.370  1.  A newspaper, radio broadcasting station,

15-32  outdoor advertising company, television broadcasting station, direct

15-33  mail advertising company, printer or other person or group of

15-34  persons which accepts, broadcasts, disseminates, prints or publishes:

15-35     (a) Advertising on behalf of any candidate or group of

15-36  candidates;

15-37     (b) Political advertising for any person other than a candidate; or

15-38     (c) Advertising for the passage or defeat of a question or group

15-39  of questions on the ballot,

15-40  shall [make available for inspection, at any reasonable time] ,

15-41  during the period beginning at least 10 days before each primary

15-42  election, primary city election, general election or general city

15-43  election and ending at least 30 days after the election, make

15-44  available for inspection information setting forth the cost of all such

15-45  advertisements accepted and broadcast, disseminated or published.

16-1  The person or entity shall make the information available at any

16-2  reasonable time and not later than 3 days after it has received a

16-3  request for such information.

16-4      2.  For purposes of this section , the necessary cost information

16-5  is made available if a copy of each bill, receipt or other evidence of

16-6  payment made out for any such advertising is kept in a record or

16-7  file, separate from the other business records of the enterprise and

16-8  arranged alphabetically by name of the candidate or the person or

16-9  group which requested the advertisement, at the principal place of

16-10  business of the enterprise.

16-11     Sec. 25.  NRS 294A.420 is hereby amended to read as follows:

16-12     294A.420  1.  If the Secretary of State receives information

16-13  that a person or entity that is subject to the provisions of NRS

16-14  294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210,

16-15  294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not

16-16  filed a report or form for registration pursuant to the applicable

16-17  provisions of those sections, the Secretary of State may, after giving

16-18  notice to that person or entity, cause the appropriate proceedings to

16-19  be instituted in the First Judicial District Court.

16-20     2.  Except as otherwise provided in this section, a person or

16-21  entity that violates an applicable provision of NRS 294A.112,

16-22  294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170,

16-23  294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,

16-24  294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject

16-25  to a civil penalty of not more than $5,000 for each violation and

16-26  payment of court costs and attorney’s fees. The civil penalty must

16-27  be recovered in a civil action brought in the name of the State of

16-28  Nevada by the Secretary of State in the First Judicial District Court

16-29  and deposited by the Secretary of State for credit to the State

16-30  General Fund in the bank designated by the State Treasurer.

16-31     3.  If a civil penalty is imposed because a person or entity has

16-32  reported its contributions, expenses or expenditures after the date

16-33  the report is due, except as otherwise provided in this subsection,

16-34  the amount of the civil penalty is:

16-35     (a) If the report is not more than 7 days late, $25 for each day

16-36  the report is late.

16-37     (b) If the report is more than 7 days late but not more than 15

16-38  days late, $50 for each day the report is late.

16-39     (c) If the report is more than 15 days late, $100 for each day the

16-40  report is late.

16-41  A civil penalty imposed pursuant to this subsection against a

16-42  public officer who by law is not entitled to receive compensation

16-43  for his office or a candidate for such office who received no

16-44  contributions and made no expenditures during the relevant

16-45  reporting periods must not exceed a total of $100.

17-1      4.  For good cause shown, the Secretary of State may waive a

17-2  civil penalty that would otherwise be imposed pursuant to this

17-3  section. If the Secretary of State waives a civil penalty pursuant to

17-4  this subsection, the Secretary of State shall:

17-5      (a) Create a record which sets forth that the civil penalty has

17-6  been waived and describes the circumstances that constitute the

17-7  good cause shown; and

17-8      (b) Ensure that the record created pursuant to paragraph (a) is

17-9  available for review by the general public.

17-10     Sec. 26.  NRS 295.121 is hereby amended to read as follows:

17-11     295.121  1.  [In a county whose population is 100,000 or

17-12  more, for] For each initiative, referendum or other question to be

17-13  placed on the ballot by the board or county clerk, including, without

17-14  limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board

17-15  shall, in consultation with the county clerk pursuant to subsection 4,

17-16  appoint two committees. Except as otherwise provided in subsection

17-17  2, one committee must be composed of three persons who favor

17-18  approval by the voters of the initiative, referendum or other question

17-19  and the other committee must be composed of three persons who

17-20  oppose approval by the voters of the initiative, referendum or other

17-21  question.

17-22     2.  If, after consulting with the county clerk pursuant to

17-23  subsection 4, the board is unable to appoint three persons who are

17-24  willing to serve on a committee, the board may appoint fewer than

17-25  three persons to that committee, but the board must appoint at least

17-26  one person to each committee appointed pursuant to this section.

17-27     3.  With respect to a committee appointed pursuant to this

17-28  section:

17-29     (a) A person may not serve simultaneously on the committee

17-30  that favors approval by the voters of an initiative, referendum or

17-31  other question and the committee that opposes approval by the

17-32  voters of that initiative, referendum or other question.

17-33     (b) Members of the committee serve without compensation.

17-34     (c) The term of office for each member commences upon

17-35  appointment and expires upon the publication of the sample ballot

17-36  containing the initiative, referendum or other question.

17-37     4.  Before the board appoints a committee pursuant to this

17-38  section, the county clerk shall:

17-39     (a) Recommend to the board persons to be appointed to the

17-40  committee; and

17-41     (b) Consider recommending pursuant to paragraph (a):

17-42         (1) Any person who has expressed an interest in serving on

17-43  the committee; and

18-1          (2) A person who is a member of an organization that has

18-2  expressed an interest in having a member of the organization serve

18-3  on the committee.

18-4      5.  If the board [of a county whose population is 100,000 or

18-5  more] fails to appoint a committee as required pursuant to this

18-6  section, the county clerk shall appoint the committee.

18-7      6.  A committee appointed pursuant to this section:

18-8      (a) Shall elect a chairman for the committee;

18-9      (b) Shall meet and conduct its affairs as necessary to fulfill the

18-10  requirements of this section;

18-11     (c) May seek and consider comments from the general public;

18-12     (d) Shall, based on whether the members were appointed to

18-13  advocate or oppose approval by the voters of the initiative,

18-14  referendum or other question, prepare an argument either advocating

18-15  or opposing approval by the voters of the initiative, referendum or

18-16  other question;

18-17     (e) Shall prepare a rebuttal to the argument prepared by the other

18-18  committee appointed pursuant to this section; and

18-19     (f) Shall submit the argument and rebuttal prepared pursuant to

18-20  paragraphs (d) and (e) to the county clerk not later than the date

18-21  prescribed by the county clerk pursuant to subsection 7.

18-22     7.  The county clerk [of a county whose population is 100,000

18-23  or more] shall provide, by rule or regulation:

18-24     (a) The maximum permissible length of an argument or rebuttal

18-25  prepared pursuant to this section; and

18-26     (b) The date by which an argument or rebuttal prepared pursuant

18-27  to this section must be submitted by the committee to the county

18-28  clerk.

18-29     8.  Upon receipt of an argument or rebuttal prepared pursuant to

18-30  this section, the county clerk:

18-31     (a) May consult with persons who are generally recognized by a

18-32  national or statewide organization as having expertise in the field or

18-33  area to which the initiative, referendum or other question pertains;

18-34  and

18-35     (b) Shall reject each statement in the argument or rebuttal that he

18-36  believes is libelous or factually inaccurate.

18-37  Not later than 5 days after the county clerk rejects a statement

18-38  pursuant to this subsection, the committee that prepared the

18-39  statement may appeal that rejection to the district attorney. The

18-40  district attorney shall review the statement and the reasons for its

18-41  rejection and may receive evidence, documentary or testimonial, to

18-42  aid him in his decision. Not later than 3 business days after the

18-43  appeal by the committee, the district attorney shall issue his decision

18-44  rejecting or accepting the statement. The decision of the district

18-45  attorney is a final decision for the purposes of judicial review.

19-1      9.  The county clerk shall place in the sample ballot provided to

19-2  the registered voters of the county each argument and rebuttal

19-3  prepared pursuant to this section[, containing] which contain all

19-4  statements that were not rejected pursuant to subsection 8. The

19-5  county clerk may revise the language submitted by [the] a

19-6  committee pursuant to this section so that it is clear, concise and

19-7  suitable for incorporation in the sample ballot, but shall not alter the

19-8  meaning or effect of the language without the consent of the

19-9  committee.

19-10     [10.  In a county whose population is less than 100,000:

19-11     (a) The board may appoint committees pursuant to this section.

19-12     (b) If the board appoints committees pursuant to this section, the

19-13  county clerk shall provide for rules or regulations pursuant to

19-14  subsection 7.]

19-15     Sec. 27.  NRS 295.217 is hereby amended to read as follows:

19-16     295.217  1.  [In a city whose population is 60,000 or more,

19-17  for] For each initiative, referendum or other question to be placed

19-18  on the ballot by the council, including, without limitation, pursuant

19-19  to NRS 293.482 or 295.215, the council shall, in consultation with

19-20  the city clerk pursuant to subsection 4, appoint two committees.

19-21  Except as otherwise provided in subsection 2, one committee must

19-22  be composed of three persons who favor approval by the voters of

19-23  the initiative, referendum or other question and the other committee

19-24  must be composed of three persons who oppose approval by the

19-25  voters of the initiative, referendum or other question.

19-26     2.  If, after consulting with the city clerk pursuant to subsection

19-27  4, the council is unable to appoint three persons willing to serve on

19-28  a committee, the council may appoint fewer than three persons to

19-29  that committee, but the council must appoint at least one person to

19-30  each committee appointed pursuant to this section.

19-31     3.  With respect to a committee appointed pursuant to this

19-32  section:

19-33     (a) A person may not serve simultaneously on the committee

19-34  that favors approval by the voters of an initiative, referendum or

19-35  other question and the committee that opposes approval by the

19-36  voters of that initiative, referendum or other question.

19-37     (b) Members of the committee serve without compensation.

19-38     (c) The term of office for each member commences upon

19-39  appointment and expires upon the publication of the sample ballot

19-40  containing the initiative, referendum or other question.

19-41     4.  Before the council appoints a committee pursuant to this

19-42  section, the city clerk shall:

19-43     (a) Recommend to the council persons to be appointed to the

19-44  committee; and

19-45     (b) Consider recommending pursuant to paragraph (a):

20-1          (1) Any person who has expressed an interest in serving on

20-2  the committee; and

20-3          (2) A person who is a member of an organization that has

20-4  expressed an interest in having a member of the organization serve

20-5  on the committee.

20-6      5.  If the council [of a city whose population is 60,000 or more]

20-7  fails to appoint a committee as required pursuant to this section, the

20-8  city clerk shall appoint the committee.

20-9      6.  A committee appointed pursuant to this section:

20-10     (a) Shall elect a chairman for the committee;

20-11     (b) Shall meet and conduct its affairs as necessary to fulfill the

20-12  requirements of this section;

20-13     (c) May seek and consider comments from the general public;

20-14     (d) Shall, based on whether the members were appointed to

20-15  advocate or oppose approval by the voters of the initiative,

20-16  referendum or other question, prepare an argument either advocating

20-17  or opposing approval by the voters of the initiative, referendum or

20-18  other question;

20-19     (e) Shall prepare a rebuttal to the argument prepared by the other

20-20  committee appointed pursuant to this section; and

20-21     (f) Shall submit the argument and rebuttal prepared pursuant to

20-22  paragraphs (d) and (e) to the city clerk not later than the date

20-23  prescribed by the city clerk pursuant to subsection 7.

20-24     7.  The city clerk [of a city whose population is 60,000 or more]

20-25  shall provide, by rule or regulation:

20-26     (a) The maximum permissible length of an argument or rebuttal

20-27  prepared pursuant to this section; and

20-28     (b) The date by which an argument or rebuttal prepared pursuant

20-29  to this section must be submitted by the committee to the city clerk.

20-30     8.  Upon receipt of an argument or rebuttal prepared pursuant to

20-31  this section, the city clerk:

20-32     (a) May consult with persons who are generally recognized by a

20-33  national or statewide organization as having expertise in the field or

20-34  area to which the initiative, referendum or other question pertains;

20-35  and

20-36     (b) Shall reject each statement in the argument or rebuttal that he

20-37  believes is libelous or factually inaccurate.

20-38  Not later than 5 days after the city clerk rejects a statement pursuant

20-39  to this subsection, the committee that prepared the statement may

20-40  appeal that rejection to the city attorney. The city attorney shall

20-41  review the statement and the reasons for its rejection and may

20-42  receive evidence, documentary or testimonial, to aid him in his

20-43  decision. Not later than 3 business days after the appeal by the

20-44  committee, the city attorney shall issue his decision rejecting or

21-1  accepting the statement. The decision of the city attorney is a final

21-2  decision for the purposes of judicial review.

21-3      9.  The city clerk shall place in the sample ballot provided to

21-4  the registered voters of the city each argument and rebuttal prepared

21-5  pursuant to this section[, containing] which contain all statements

21-6  that were not rejected pursuant to subsection 8. The city clerk may

21-7  revise the language submitted by [the] a committee pursuant to this

21-8  section so that it is clear, concise and suitable for incorporation in

21-9  the sample ballot, but shall not alter the meaning or effect of the

21-10  language without the consent of the committee.

21-11  [  10.  In a city whose population is less than 60,000:

21-12     (a) The council may appoint committees pursuant to this section.

21-13     (b) If the council appoints committees pursuant to this section,

21-14  the city clerk shall provide for rules or regulations pursuant to

21-15  subsection 7.]

21-16     Sec. 28.  Section 5.060 of the Charter of the City of Caliente,

21-17  being chapter 31, Statutes of Nevada 1971, as amended by chapter

21-18  669, Statutes of Nevada 1971, at page 2050, is hereby amended to

21-19  read as follows:

21-20     Sec. 5.060  Ballots for ordinances and charter

21-21  amendments.  An ordinance or charter amendment to be

21-22  voted on in the city shall be presented for voting by ballot

21-23  title. The ballot title of a measure may differ from its legal

21-24  title and shall be a clear, concise [statement describing]

21-25  explanation of the substance of the measure . [without

21-26  argument or prejudice.] Below the ballot title , and

21-27  arguments and rebuttals required by law, shall appear the

21-28  following question: “Shall the above described (ordinance)

21-29  (amendment) be adopted?” The ballot or voting machine or

21-30  device shall be so marked as to indicate clearly in what

21-31  manner the voter may cast his vote, either for or against the

21-32  ordinance or amendment.

21-33     Sec. 29.  Section 5.050 of the Charter of the City of Carlin,

21-34  being chapter 344, Statutes of Nevada 1971, as amended by chapter

21-35  669, Statutes of Nevada 1971, at page 2051, is hereby amended to

21-36  read as follows:

21-37     Sec. 5.050  Ballots for ordinances and charter

21-38  amendments.  An ordinance or charter amendment to be

21-39  voted on in the city shall be presented for voting by ballot

21-40  title. The ballot title of a measure may differ from its legal

21-41  title and shall be a clear, concise [statement describing]

21-42  explanation of the substance of the measure . [without

21-43  argument or prejudice.] Below the ballot title , and

21-44  arguments and rebuttals required by law, shall appear the

21-45  following question: “Shall the above described (ordinance)

22-1  (amendment) be adopted?” The ballot or voting machine or

22-2  device shall be so marked as to indicate clearly in what

22-3  manner the voter may cast his vote, either for or against the

22-4  ordinance or amendment.

22-5      Sec. 30.  Section 5.060 of the Charter of Carson City, being

22-6  chapter 213, Statutes of Nevada 1969, at page 305, is hereby

22-7  amended to read as follows:

22-8      Sec. 5.060  Ballots for ordinances and charter

22-9  amendments.  An ordinance or charter amendment to be

22-10  voted on in Carson City shall be presented for voting by

22-11  ballot title. The ballot title of a measure may differ from its

22-12  legal title and shall be a clear, concise [statement describing]

22-13  explanation of the substance of the measure . [without

22-14  argument or prejudice.] Below the ballot title , and

22-15  arguments and rebuttals required by law, shall appear the

22-16  following question: “Shall the above-described (ordinance)

22-17  (amendment) be adopted?” The ballot or voting machine or

22-18  device shall be so marked as to indicate clearly in what

22-19  manner the voter may cast his vote either for or against the

22-20  ordinance or amendment.

22-21     Sec. 31.  Section 5.050 of the Charter of the City of Elko,

22-22  being chapter 276, Statutes of Nevada 1971, as amended by chapter

22-23  669, Statutes of Nevada 1971, at page 2052, is hereby amended to

22-24  read as follows:

22-25     Sec. 5.050  Ballots for ordinances and charter

22-26  amendments.  An ordinance or charter amendment to be

22-27  voted on in the city shall be presented for voting by ballot

22-28  title. The ballot title of a measure may differ from its legal

22-29  title and shall be a clear, concise [statement describing]

22-30  explanation of the substance of the measure . [without

22-31  argument or prejudice.] Below the ballot title , and

22-32  arguments and rebuttals required by law, shall appear the

22-33  following question: “Shall the above described (ordinance)

22-34  (amendment) be adopted?” The ballot or voting machine or

22-35  device shall be so marked as to indicate clearly in what

22-36  manner the voter may cast his vote, either for or against the

22-37  ordinance or amendment.

22-38     Sec. 32.  Section 5.060 of the Charter of the City of Henderson,

22-39  being chapter 266, Statutes of Nevada 1971, as amended by chapter

22-40  669, Statutes of Nevada 1971, at page 2053, is hereby amended to

22-41  read as follows:

22-42     Sec. 5.060  Ballots for ordinances and charter

22-43  amendments.  An ordinance or charter amendment to be

22-44  voted on in the city shall be presented for voting by ballot

22-45  title. The ballot title of a measure may differ from its legal

23-1  title and shall be a clear, concise [statement describing]

23-2  explanation of the substance of the measure . [without

23-3  argument or prejudice.] Below the ballot title , and

23-4  arguments and rebuttals required by law, shall appear the

23-5  following question: “Shall the above described (ordinance)

23-6  (amendment) be adopted?” The ballot or voting machine or

23-7  device shall be so marked as to indicate clearly in what

23-8  manner the voter may cast his vote, either for or against the

23-9  ordinance or amendment.

23-10     Sec. 33.  Section 5.060 of the Charter of the City of Las Vegas,

23-11  being chapter 517, Statutes of Nevada 1983, at page 1415, is hereby

23-12  amended to read as follows:

23-13     Sec. 5.060  Ballots for ordinances and charter

23-14  amendments.  An ordinance or charter amendment which is

23-15  to be voted on in the city must be presented for voting by

23-16  ballot title. The ballot title of a measure may differ from its

23-17  legal title, but must be a clear and concise [statement which

23-18  describes] explanation of the substance of the measure .

23-19  [without argument or prejudice.] Below the ballot title , and

23-20  arguments and rebuttals required by law, must appear the

23-21  following question: “Shall the above described (ordinance)

23-22  (charter amendment) be adopted?” The ballot, voting machine

23-23  or voting device must be marked in such a way as to indicate

23-24  clearly in what manner the voter may cast his vote, either for

23-25  or against the ordinance or charter amendment.

23-26     Sec. 34.  Section 5.060 of the Charter of the City of North Las

23-27  Vegas, being chapter 573, Statutes of Nevada 1971, as amended by

23-28  chapter 669, Statutes of Nevada 1971, at page 2054, is hereby

23-29  amended to read as follows:

23-30     Sec. 5.060  Ballots for ordinances and charter

23-31  amendments.  An ordinance or charter amendment to be

23-32  voted on in the city shall be presented for voting by ballot

23-33  title. The ballot title of a measure may differ from its legal

23-34  title and shall be a clear, concise [statement describing]

23-35  explanation of the substance of the measure . [without

23-36  argument or prejudice.] Below the ballot title , and

23-37  arguments and rebuttals required by law, shall appear the

23-38  following question: “Shall the above described (ordinance)

23-39  (amendment) be adopted?” The ballot or voting machine or

23-40  device shall be so marked as to indicate clearly in what

23-41  manner the voter may cast his vote, either for or against the

23-42  ordinance or amendment.

 

 

24-1      Sec. 35.  Section 5.060 of the Charter of the City of Reno,

24-2  being chapter 662, Statutes of Nevada 1971, as amended by chapter

24-3  669, Statutes of Nevada 1971, at page 2055, is hereby amended to

24-4  read as follows:

24-5      Sec. 5.060  Ballots for ordinances and charter

24-6  amendments.  An ordinance or charter amendment to be

24-7  voted on in the city shall be presented for voting by ballot

24-8  title. The ballot title of a measure may differ from its legal

24-9  title and shall be a clear, concise [statement describing]

24-10  explanation of the substance of the measure . [without

24-11  argument or prejudice.] Below the ballot title , and

24-12  arguments and rebuttals required by law, shall appear the

24-13  following question: “Shall the above described (ordinance)

24-14  (amendment) be adopted?” The ballot or voting machine or

24-15  device shall be so marked as to indicate clearly in what

24-16  manner the voter may cast his vote, either for or against the

24-17  ordinance or amendment.

24-18     Sec. 36.  Section 5.060 of the Charter of the City of Sparks,

24-19  being chapter 470, Statutes of Nevada 1975, at page 737, is hereby

24-20  amended to read as follows:

24-21     Sec. 5.060  Ballots for ordinances and charter

24-22  amendments.  An ordinance or charter amendment to be

24-23  voted on in the city shall be presented for voting by ballot

24-24  title. The ballot title of a measure may differ from its legal

24-25  title and shall be a clear, concise [statement describing]

24-26  explanation of the substance of the measure . [without

24-27  argument or prejudice.] Below the ballot title , and

24-28  arguments and rebuttals required by law, shall appear the

24-29  following question: “Shall the above described (ordinance)

24-30  (amendment) be adopted?” The ballot or voting machine or

24-31  device shall be so marked as to indicate clearly in what

24-32  manner the voter may cast his vote, either for or against the

24-33  ordinance or amendment.

24-34     Sec. 37.  Section 5.050 of the Charter of the City of Wells,

24-35  being chapter 275, Statutes of Nevada 1971, as amended by chapter

24-36  669, Statutes of Nevada 1971, at page 2056, is hereby amended to

24-37  read as follows:

24-38     Sec. 5.050  Ballots for ordinances and charter

24-39  amendments.  An ordinance or charter amendment to be

24-40  voted on in the city shall be presented for voting by ballot

24-41  title. The ballot title of a measure may differ from its legal

24-42  title and shall be a clear, concise [statement describing]

24-43  explanation of the substance of the measure . [without

24-44  argument or prejudice.] Below the ballot title , and

24-45  arguments and rebuttals required by law, shall appear the

25-1  following question: “Shall the above described (ordinance)

25-2  (amendment) be adopted?” The ballot or voting machine or

25-3  device shall be so marked as to indicate clearly in what

25-4  manner the voter may cast his vote, either for or against the

25-5  ordinance or amendment.

25-6      Sec. 38.  Section 5.050 of the Charter of the City of Yerington,

25-7  being chapter 465, Statutes of Nevada 1971, as amended by chapter

25-8  669, Statutes of Nevada 1971, at page 2057, is hereby amended to

25-9  read as follows:

25-10     Sec. 5.050  Ballots for ordinances and charter

25-11  amendments.  An ordinance or charter amendment to be

25-12  voted on in the city shall be presented for voting by ballot

25-13  title. The ballot title of a measure may differ from its legal

25-14  title and shall be a clear, concise [statement describing]

25-15  explanation of the substance of the measure . [without

25-16  argument or prejudice.] Below the ballot title , and

25-17  arguments and rebuttals required by law, shall appear the

25-18  following question: “Shall the above described (ordinance)

25-19  (amendment) be adopted?” The ballot or voting machine or

25-20  device shall be so marked as to indicate clearly in what

25-21  manner the voter may cast his vote, either for or against the

25-22  ordinance or amendment.

25-23     Sec. 39.  This act becomes effective on passage and approval.

 

25-24  H