S.B. 449

 

Senate Bill No. 449–Committee on Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions governing questions appearing on ballot for general election. (BDR 24‑250)

 

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; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; requiring a fiscal note to be included when a question for only the voters of a special district or political subdivision is submitted to the county or city clerk; requiring a fiscal note to be included when a question for only the voters of a special district or political subdivision appears on the sample ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring a fiscal note to be included when an advisory question is adopted by resolution and submitted to the county or city clerk; requiring a fiscal note to be included when an advisory question appears on the sample ballot; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 293.268 is hereby amended to read as follows:

1-2  293.268  The offices for which there are candidates, the names

1-3  of the candidates therefor, and the questions to be voted upon must

1-4  be printed on ballots in the following order:

1-5  1.  President and Vice President of the United States.


2-1  2.  United States Senator and Representative in Congress, in

2-2  that sequence.

2-3  3.  Governor, Lieutenant Governor, Secretary of State,

2-4  Treasurer, Controller and Attorney General, in that sequence.

2-5  4.  State senators and assemblymen.

2-6  5.  County and township partisan offices.

2-7  6.  Statewide nonpartisan offices.

2-8  7.  District nonpartisan offices.

2-9  8.  County nonpartisan offices.

2-10      9.  City offices:

2-11      (a) Mayor;

2-12      (b) Councilmen according to ward in numerical order, if no

2-13  wards, in alphabetical order; and

2-14      (c) Municipal judges.

2-15      10.  Township nonpartisan offices.

2-16      11.  Questions presented to the voters of the State[.] with

2-17  advisory questions listed in consecutive order after any other

2-18  questions presented to the voters of the State.

2-19      12.  Questions presented only to the voters of a special district

2-20  or political subdivision of the State[.] with advisory questions listed

2-21  in consecutive order after any other questions presented only to

2-22  the voters of a special district or political subdivision of the State.

2-23      Sec. 2.  NRS 293.481 is hereby amended to read as follows:

2-24      293.481  1.  Except as otherwise provided in subsection 2 or

2-25  NRS 295.121 or 295.217, every governing body of a political

2-26  subdivision, public or quasi-public corporation, or other local

2-27  agency authorized by law to submit questions to the qualified

2-28  electors or registered voters of a designated territory, when the

2-29  governing body decides to submit a question:

2-30      (a) At a general election, shall provide a copy of the question,

2-31  including an explanation of [and] the question, arguments for and

2-32  against the question[,] and a fiscal note prepared by the governing

2-33  body that describes any anticipated financial effects on state

2-34  government, local government and taxpayers, to each county clerk

2-35  within the designated territory on or before the third Monday in July

2-36  preceding the election.

2-37      (b) At a primary election, shall provide a copy of the question,

2-38  including an explanation of [and] the question, arguments for and

2-39  against the question[,] and a fiscal note prepared by the governing

2-40  body that describes any anticipated financial effects on state

2-41  government, local government and taxpayers, to each county clerk

2-42  within the designated territory on or before the third Monday in May

2-43  preceding the election.

2-44      (c) At any election other than a primary or general election at

2-45  which the county clerk gives notice of the election or otherwise


3-1  performs duties in connection therewith other than the registration

3-2  of electors and the making of records of registered voters available

3-3  for the election, shall provide a copy of the question, including an

3-4  explanation of [and] the question, arguments for and against the

3-5  question[,] and a fiscal note prepared by the governing body that

3-6  describes any anticipated financial effects on state government,

3-7  local government and taxpayers, to each county clerk at least 60

3-8  days before the election.

3-9  (d) At any city election at which the city clerk gives notice of

3-10  the election or otherwise performs duties in connection therewith,

3-11  shall provide a copy of the question, including an explanation of

3-12  [and] the question, arguments for and against the question[,] and a

3-13  fiscal note prepared by the governing body that describes any

3-14  anticipated financial effects on state government, local

3-15  government and taxpayers, to the city clerk at least 60 days before

3-16  the election.

3-17      2.  A question may be submitted after the dates specified in

3-18  subsection 1 if the question is expressly privileged or required to be

3-19  submitted pursuant to the provisions of Article 19 of the

3-20  Constitution of the State of Nevada, or pursuant to the provisions of

3-21  chapter 295 of NRS or any other statute except NRS 293.482,

3-22  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

3-23  authorizes the governing body to issue bonds upon the approval of

3-24  the voters.

3-25      3.  A county or city clerk may charge any political subdivision,

3-26  public or quasi-public corporation or other local agency which

3-27  submits a question a reasonable fee sufficient to pay for the

3-28  increased costs incurred in including the question, explanation ,

3-29  [and] arguments and fiscal note on the ballot.

3-30      Sec. 3.  NRS 293.482 is hereby amended to read as follows:

3-31      293.482  1.  The governing body of [any] a county or city

3-32  may, at any general election or general city election, ask the advice

3-33  of the registered voters within its jurisdiction on any question which

3-34  it has under consideration . [by adopting] No other political

3-35  subdivision, public or quasi-public corporation or other local

3-36  agency may ask the advice of the registered voters within its

3-37  jurisdiction on any question which it has under consideration.

3-38      2.  To place an advisory question on the ballot at a general

3-39  election or general city election, the governing body of a county or

3-40  city must:

3-41      (a) Adopt a resolution [which:

3-42      (a) Except as otherwise provided in NRS 295.121 and 295.217,

3-43  sets] that:

3-44          (1) Sets forth the [advisory question, including] question in

3-45  language clearly indicating it is advisory only, an explanation of


4-1  [and] the question, arguments for and against the question[, to be

4-2  submitted to the voters; and

4-3  (b)] and a fiscal note prepared by the governing body that

4-4  describes any anticipated financial effects on state government,

4-5  local government and taxpayers; and

4-6       (2) States that the result of the voting on the question does

4-7  not place any legal requirement on the governing body , any

4-8  member of the governing body or any officer of the political

4-9  subdivision[.

4-10      2.] ; and

4-11      (b) Comply with the requirements of paragraph (a) of

4-12  subsection 1 of NRS 293.481.

4-13      3.  A governing body may, at any general election, ask the

4-14  advice of the registered voters of part of its territory if:

4-15      (a) The advisory question to be submitted affects only that part

4-16  of its territory; and

4-17      (b) The resolution adopted pursuant to subsection [1] 2 sets forth

4-18  the boundaries of the area in which the advice of the registered

4-19  voters will be asked.

4-20      4.  If, in the advisory question, the governing body seeks

4-21  advice on whether bonds should be issued, the fiscal note must

4-22  include the information that is required by law to be included on

4-23  the sample ballot pursuant to the provisions of law that govern the

4-24  procedure for issuance of the applicable type of bond.

4-25      5.  On the sample ballot for the general election or general

4-26  city election, each advisory question must appear:

4-27      (a) With a title in substantially the following form: “Advisory

4-28  Ballot Question No. ....”; and

4-29      (b) With its explanation, arguments and fiscal note.

4-30      Sec. 4.  NRS 293.565 is hereby amended to read as follows:

4-31      293.565  1.  Except as otherwise provided in subsection 2,

4-32  sample ballots must include:

4-33      (a) The fiscal note, as provided pursuant to NRS 218.443 , [or]

4-34  293.250, 293.481, 293.482 or 295.121, for each proposed

4-35  constitutional amendment [or statewide measure;] , statewide

4-36  measure, measure to be voted upon only by a special district or

4-37  political subdivision and advisory question;

4-38      (b) An explanation, as provided pursuant to NRS 218.443,

4-39  293.250, 293.481, 293.482 or 295.121, of each proposed

4-40  constitutional amendment [or statewide measure,] , statewide

4-41  measure, measure to be voted upon only by a special district or

4-42  political subdivision and advisory question, including arguments

4-43  for and against it; and

4-44      (c) The full text of each proposed constitutional amendment.


5-1  2.  Sample ballots that are mailed to registered voters may be

5-2  printed without the full text of each proposed constitutional

5-3  amendment if:

5-4  (a) The cost of printing the sample ballots would be significantly

5-5  reduced if the full text of each proposed constitutional amendment

5-6  were not included;

5-7  (b) The county clerk ensures that a sample ballot that includes

5-8  the full text of each proposed constitutional amendment is provided

5-9  at no charge to each registered voter who requests such a sample

5-10  ballot; and

5-11      (c) The sample ballots provided to each polling place include the

5-12  full text of each proposed constitutional amendment.

5-13      3.  At least 10 days before any election, the county clerk shall

5-14  cause to be mailed to each registered voter in the county a sample

5-15  ballot for his precinct with a notice informing the voter of the

5-16  location of his polling place. If the location of the polling place has

5-17  changed since the last election:

5-18      (a) The county clerk shall mail a notice of the change to each

5-19  registered voter in the county not sooner than 10 days before

5-20  mailing the sample ballots; or

5-21      (b) The sample ballot must also include a notice in bold type

5-22  immediately above the location which states:

 

5-23  NOTICE: THE LOCATION OF YOUR POLLING PLACE

5-24  HAS CHANGED SINCE THE LAST ELECTION

 

5-25      4.  Except as otherwise provided in subsection 5, a sample

5-26  ballot required to be mailed pursuant to this section must:

5-27      (a) Be printed in at least 12-point type; and

5-28      (b) Include on the front page, in a separate box created by bold

5-29  lines, a notice printed in at least 20-point bold type that states:

 

5-30  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

5-31  LARGE TYPE, CALL (Insert appropriate telephone number)

 

5-32      5.  A portion of a sample ballot that contains a facsimile of the

5-33  display area of a voting device may include material in less than

5-34  12-point type to the extent necessary to make the facsimile fit on the

5-35  pages of the sample ballot.

5-36      6.  The sample ballot mailed to a person who requests a sample

5-37  ballot in large type by exercising the option provided pursuant to

5-38  NRS 293.508, or in any other manner, must be printed in at least

5-39  14-point type, or larger when practicable.


6-1  7.  If a person requests a sample ballot in large type, the county

6-2  clerk shall ensure that all future sample ballots mailed to that person

6-3  from the county are in large type.

6-4  8.  The county clerk shall include in each sample ballot a

6-5  statement indicating that the county clerk will, upon request of a

6-6  voter who is elderly or disabled, make reasonable accommodations

6-7  to allow the voter to vote at his polling place and provide reasonable

6-8  assistance to the voter in casting his vote, including, without

6-9  limitation, providing appropriate materials to assist the voter.

6-10      9.  The cost of mailing sample ballots for any election other

6-11  than a primary or general election must be borne by the political

6-12  subdivision holding the election.

6-13      Sec. 5.  NRS 293C.262 is hereby amended to read as follows:

6-14      293C.262  1.  The offices for which there are candidates, the

6-15  names of the candidates therefor and the questions to be voted upon

6-16  must be printed on ballots for a city election in the following order:

6-17      (a) City offices:

6-18          (1) Mayor;

6-19          (2) Councilmen according to ward in numerical order, if no

6-20  wards, in alphabetical order; and

6-21          (3) Municipal judges.

6-22      (b) Questions presented to the voters of a city or a portion of a

6-23  city[.] with advisory questions listed in consecutive order after any

6-24  other questions presented to the voters of the city.

6-25      2.  The city clerk:

6-26      (a) May divide paper ballots into two sheets in a manner that

6-27  provides a clear understanding and grouping of all measures and

6-28  candidates.

6-29      (b) Shall prescribe the color or colors of the ballots and voting

6-30  receipts used in any election which the clerk is required to conduct.

6-31      Sec. 6.  NRS 293C.530 is hereby amended to read as follows:

6-32      293C.530  1.  At least 10 days before an election, the city

6-33  clerk shall cause to be mailed to each registered voter in the city a

6-34  sample ballot for his precinct with a notice informing the voter of

6-35  the location of his polling place. If the location of the polling place

6-36  has changed since the last election:

6-37      (a) The city clerk shall mail a notice of the change to each

6-38  registered voter in the city not sooner than 10 days before mailing

6-39  the sample ballots; or

6-40      (b) The sample ballot must also include a notice in bold type

6-41  immediately above the location which states:

 

6-42  NOTICE: THE LOCATION OF YOUR POLLING PLACE

6-43  HAS CHANGED SINCE THE LAST ELECTION

 


7-1  2.  Except as otherwise provided in subsection 3, a sample

7-2  ballot required to be mailed pursuant to this section must:

7-3  (a) Be printed in at least 12-point type; [and]

7-4  (b) Include the fiscal note and explanation, as required

7-5  pursuant to NRS 293.481, 293.482 or 295.217, of each citywide

7-6  measure and advisory question, including arguments for and

7-7  against it; and

7-8  (c) Include on the front page, in a separate box created by bold

7-9  lines, a notice printed in at least 20-point bold type that states:

 

7-10  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

7-11  LARGE TYPE, CALL (Insert appropriate telephone number)

 

7-12      3.  A portion of a sample ballot that contains a facsimile of the

7-13  display area of a voting device may include material in less than

7-14  12-point type to the extent necessary to make the facsimile fit on the

7-15  pages of the sample ballot.

7-16      4.  The sample ballot mailed to a person who requests a sample

7-17  ballot in large type by exercising the option provided pursuant to

7-18  NRS 293.508, or in any other manner, must be printed in at least

7-19  14-point type, or larger when practicable.

7-20      5.  If a person requests a sample ballot in large type, the city

7-21  clerk shall ensure that all future sample ballots mailed to that person

7-22  from the city are in large type.

7-23      6.  The city clerk shall include in each sample ballot a statement

7-24  indicating that the city clerk will, upon request of a voter who is

7-25  elderly or disabled, make reasonable accommodations to allow the

7-26  voter to vote at his polling place and provide reasonable assistance

7-27  to the voter in casting his vote, including, without limitation,

7-28  providing appropriate materials to assist the voter.

7-29      7.  The cost of mailing sample ballots for a city election must

7-30  be borne by the city holding the election.

7-31      Sec. 7.  NRS 295.121 is hereby amended to read as follows:

7-32      295.121  1.  [In a county whose population is 100,000 or

7-33  more, for] For each initiative, referendum or other question to be

7-34  placed on the ballot by the board or county clerk, including, without

7-35  limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board

7-36  shall, in consultation with the county clerk pursuant to subsection 4,

7-37  appoint two committees. Except as otherwise provided in subsection

7-38  2, one committee must be composed of three persons who favor

7-39  approval by the voters of the initiative, referendum or other question

7-40  and the other committee must be composed of three persons who

7-41  oppose approval by the voters of the initiative, referendum or other

7-42  question.


8-1  2.  If, after consulting with the county clerk pursuant to

8-2  subsection 4, the board is unable to appoint three persons who are

8-3  willing to serve on a committee, the board may appoint fewer than

8-4  three persons to that committee, but the board must appoint at least

8-5  one person to each committee appointed pursuant to this section.

8-6  3.  With respect to a committee appointed pursuant to this

8-7  section:

8-8  (a) A person may not serve simultaneously on the committee

8-9  that favors approval by the voters of an initiative, referendum or

8-10  other question and the committee that opposes approval by the

8-11  voters of that initiative, referendum or other question.

8-12      (b) Members of the committee serve without compensation.

8-13      (c) The term of office for each member commences upon

8-14  appointment and expires upon the publication of the sample ballot

8-15  containing the initiative, referendum or other question.

8-16      4.  Before the board appoints a committee pursuant to this

8-17  section, the county clerk shall:

8-18      (a) Recommend to the board persons to be appointed to the

8-19  committee; and

8-20      (b) Consider recommending pursuant to paragraph (a):

8-21          (1) Any person who has expressed an interest in serving on

8-22  the committee; and

8-23          (2) A person who is a member of an organization that has

8-24  expressed an interest in having a member of the organization serve

8-25  on the committee.

8-26      5.  If the board of a county [whose population is 100,000 or

8-27  more] fails to appoint a committee as required pursuant to this

8-28  section, the county clerk shall appoint the committee.

8-29      6.  A committee appointed pursuant to this section:

8-30      (a) Shall elect a chairman for the committee;

8-31      (b) Shall meet and conduct its affairs as necessary to fulfill the

8-32  requirements of this section;

8-33      (c) May seek and consider comments from the general public;

8-34      (d) Shall[, based on whether the members were appointed to

8-35  advocate or oppose approval by the voters of the initiative,

8-36  referendum or other question, prepare an] prepare:

8-37          (1) An argument either advocating or opposing approval by

8-38  the voters of the initiative, referendum or other question[;] , based

8-39  on whether the members were appointed to advocate or oppose

8-40  approval by the voters of the initiative, referendum or other

8-41  question; and

8-42          (2) A fiscal note that describes any financial effects on state

8-43  government, local government and taxpayers that are anticipated

8-44  by the enactment of the contents of the initiative, referendum or

8-45  other question;


9-1  (e) Shall prepare a rebuttal to the argument prepared by the other

9-2  committee appointed pursuant to this section; and

9-3  (f) Shall submit the argument , fiscal note and rebuttal prepared

9-4  pursuant to paragraphs (d) and (e) to the county clerk not later than

9-5  the date prescribed by the county clerk pursuant to subsection 7.

9-6  7.  The county clerk of a county [whose population is 100,000

9-7  or more] shall provide, by rule or regulation:

9-8  (a) The maximum permissible length of an argument , fiscal

9-9  note or rebuttal prepared pursuant to this section; and

9-10      (b) The date by which an argument , fiscal note or rebuttal

9-11  prepared pursuant to this section must be submitted by the

9-12  committee to the county clerk.

9-13      8.  Upon receipt of an argument , fiscal note or rebuttal

9-14  prepared pursuant to this section, the county clerk:

9-15      (a) May consult with persons who are generally recognized by a

9-16  national or statewide organization as having expertise in the field or

9-17  area to which the initiative, referendum or other question pertains;

9-18  and

9-19      (b) Shall reject each statement in the argument , fiscal note or

9-20  rebuttal that he believes is libelous or factually inaccurate.

9-21  Not later than 5 days after the county clerk rejects a statement

9-22  pursuant to this subsection, the committee may appeal that rejection

9-23  to the district attorney. The district attorney shall review the

9-24  statement and the reasons for its rejection and may receive evidence,

9-25  documentary or testimonial, to aid him in his decision. Not later

9-26  than 3 business days after the appeal by the committee, the district

9-27  attorney shall issue his decision rejecting or accepting the statement.

9-28  The decision of the district attorney is a final decision for the

9-29  purposes of judicial review.

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

9-31  the registered voters of the county each argument , fiscal note and

9-32  rebuttal prepared pursuant to this section, containing all statements

9-33  that were not rejected pursuant to subsection 8. The county clerk

9-34  may revise the language submitted by the committee so that it is

9-35  clear, concise and suitable for incorporation in the sample ballot, but

9-36  shall not alter the meaning or effect without the consent of the

9-37  committee.

9-38      [10.  In a county whose population is less than 100,000:

9-39      (a) The board may appoint committees pursuant to this section.

9-40      (b) If the board appoints committees pursuant to this section, the

9-41  county clerk shall provide for rules or regulations pursuant to

9-42  subsection 7.]

9-43      Sec. 8.  NRS 295.217 is hereby amended to read as follows:

9-44      295.217  1.  [In a city whose population is 60,000 or more,

9-45  for] For each initiative, referendum or other question to be placed


10-1  on the ballot by the council, including, without limitation, pursuant

10-2  to NRS 293.482 or 295.215, the council shall, in consultation ,

10-3  pursuant to subsection 4 with the city clerk [pursuant to subsection

10-4  4,] or other city officer authorized to perform the duties of the city

10-5  clerk, appoint two committees. Except as otherwise provided in

10-6  subsection 2, one committee must be composed of three persons

10-7  who favor approval by the voters of the initiative, referendum or

10-8  other question and the other committee must be composed of three

10-9  persons who oppose approval by the voters of the initiative,

10-10  referendum or other question.

10-11     2.  If, after consulting with the city clerk pursuant to subsection

10-12  4, the council is unable to appoint three persons willing to serve on

10-13  a committee, the council may appoint fewer than three persons to

10-14  that committee, but the council must appoint at least one person to

10-15  each committee appointed pursuant to this section.

10-16     3.  With respect to a committee appointed pursuant to this

10-17  section:

10-18     (a) A person may not serve simultaneously on the committee

10-19  that favors approval by the voters of an initiative, referendum or

10-20  other question and the committee that opposes approval by the

10-21  voters of that initiative, referendum or other question.

10-22     (b) Members of the committee serve without compensation.

10-23     (c) The term of office for each member commences upon

10-24  appointment and expires upon the publication of the sample ballot

10-25  containing the initiative, referendum or other question.

10-26     4.  Before the council appoints a committee pursuant to this

10-27  section, the city clerk shall:

10-28     (a) Recommend to the council persons to be appointed to the

10-29  committee; and

10-30     (b) Consider recommending pursuant to paragraph (a):

10-31         (1) Any person who has expressed an interest in serving on

10-32  the committee; and

10-33         (2) A person who is a member of an organization that has

10-34  expressed an interest in having a member of the organization serve

10-35  on the committee.

10-36     5.  If the council of a city [whose population is 60,000 or more]

10-37  fails to appoint a committee as required pursuant to this section, the

10-38  city clerk shall appoint the committee.

10-39     6.  A committee appointed pursuant to this section:

10-40     (a) Shall elect a chairman for the committee;

10-41     (b) Shall meet and conduct its affairs as necessary to fulfill the

10-42  requirements of this section;

10-43     (c) May seek and consider comments from the general public;


11-1      (d) Shall[, based on whether the members were appointed to

11-2  advocate or oppose approval by the voters of the initiative,

11-3  referendum or other question, prepare an] prepare:

11-4          (1) An argument either advocating or opposing approval by

11-5  the voters of the initiative, referendum or other question[;] , based

11-6  on whether the members were appointed to advocate or oppose

11-7  approval by the voters of the initiative, referendum or other

11-8  question; and

11-9          (2) A fiscal note that describes any financial effects on state

11-10  government, local government and taxpayers that are anticipated

11-11  by the enactment of the contents of the initiative, referendum or

11-12  other question;

11-13     (e) Shall prepare a rebuttal to the argument prepared by the other

11-14  committee appointed pursuant to this section; and

11-15     (f) Shall submit the argument , fiscal note and rebuttal prepared

11-16  pursuant to paragraphs (d) and (e) to the city clerk not later than the

11-17  date prescribed by the city clerk pursuant to subsection 7.

11-18     7.  The city clerk of a city [whose population is 60,000 or more]

11-19  shall provide, by rule or regulation:

11-20     (a) The maximum permissible length of an argument , fiscal

11-21  note or rebuttal prepared pursuant to this section; and

11-22     (b) The date by which an argument , fiscal note or rebuttal

11-23  prepared pursuant to this section must be submitted by the

11-24  committee to the city clerk.

11-25     8.  Upon receipt of an argument , fiscal note or rebuttal

11-26  prepared pursuant to this section, the city clerk:

11-27     (a) May consult with persons who are generally recognized by a

11-28  national or statewide organization as having expertise in the field or

11-29  area to which the initiative, referendum or other question pertains;

11-30  and

11-31     (b) Shall reject each statement in the argument , fiscal note or

11-32  rebuttal that he believes is libelous or factually inaccurate.

11-33  Not later than 5 days after the city clerk rejects a statement pursuant

11-34  to this subsection, the committee may appeal that rejection to the

11-35  city attorney[.] or other city officer appointed to hear the appeal

11-36  by the city council. The city attorney or other city officer appointed

11-37  to hear the appeal shall review the statement and the reasons for its

11-38  rejection and may receive evidence, documentary or testimonial, to

11-39  aid him in his decision. Not later than 3 business days after the

11-40  appeal by the committee, the city attorney or other city officer

11-41  appointed to hear the appeal shall issue his decision rejecting or

11-42  accepting the statement. The decision of the city attorney or other

11-43  city officer appointed to hear the appeal is a final decision for the

11-44  purposes of judicial review.


12-1      9.  The city clerk shall place in the sample ballot provided to

12-2  the registered voters of the city each argument , fiscal note and

12-3  rebuttal prepared pursuant to this section, containing all statements

12-4  that were not rejected pursuant to subsection 8. The city clerk may

12-5  revise the language submitted by the committee so that it is clear,

12-6  concise and suitable for incorporation in the sample ballot, but shall

12-7  not alter the meaning or effect without the consent of the committee.

12-8      [10.  In a city whose population is less than 60,000:

12-9      (a) The council may appoint committees pursuant to this section.

12-10     (b) If the council appoints committees pursuant to this section,

12-11  the city clerk shall provide for rules or regulations pursuant to

12-12  subsection 7.]

 

12-13  H