Senate Bill No. 449–Committee on Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions
governing advisory questions appearing on ballot. (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.

 

AN ACT relating to elections; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; setting forth the order in which advisory questions must be listed on a ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring that advisory questions be accompanied by a fiscal note if the particular advisory question pertains to certain topics relating to bonds, taxes, fees and expenses; setting forth the required contents of a fiscal note; requiring the Committee on Local Government Finance to prepare certain sample advisory ballot questions to demonstrate the preparation of required fiscal notes; 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.

1-6  2.  United States Senator and Representative in Congress, in

1-7  that sequence.

2-1  3.  Governor, Lieutenant Governor, Secretary of State,

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

2-3  4.  State senators and assemblymen.

2-4  5.  County and township partisan offices.

2-5  6.  Statewide nonpartisan offices.

2-6  7.  District nonpartisan offices.

2-7  8.  County nonpartisan offices.

2-8  9.  City offices:

2-9  (a) Mayor;

2-10      (b) Councilmen according to ward in numerical order, if no

2-11  wards, in alphabetical order; and

2-12      (c) Municipal judges.

2-13      10.  Township nonpartisan offices.

2-14      11.  Questions presented to the voters of the State[.] with

2-15  advisory questions listed in consecutive order after any other

2-16  questions presented to the voters of the State.

2-17      12.  Questions presented only to the voters of a special district

2-18  or political subdivision of the State[.] with advisory questions listed

2-19  in consecutive order after any other questions presented only to

2-20  the voters of a special district or political subdivision of the State.

2-21      Sec. 2.  NRS 293.481 is hereby amended to read as follows:

2-22      293.481  1.  Except as otherwise provided in subsection 2 or

2-23  NRS 295.121 or 295.217, every governing body of a political

2-24  subdivision, public or quasi-public corporation, or other local

2-25  agency authorized by law to submit questions to the qualified

2-26  electors or registered voters of a designated territory, when the

2-27  governing body decides to submit a question:

2-28      (a) At a general election, shall provide [a copy of the question,

2-29  including an explanation of and arguments for and against the

2-30  question,] to each county clerk within the designated territory on or

2-31  before the third Monday in July preceding the election [.] :

2-32          (1) A copy of the question, including an explanation of the

2-33  question;

2-34          (2) Arguments for and against the question; and

2-35          (3) If the question is an advisory question that proposes a

2-36  bond, tax, fee or expense, a fiscal note prepared by the governing

2-37  body in accordance with subsection 4 of NRS 293.482.

2-38      (b) At a primary election, shall provide [a copy of the question,

2-39  including an explanation of and arguments for and against the

2-40  question,] to each county clerk within the designated territory on or

2-41  before the third Monday in May preceding the election [.] :

2-42          (1) A copy of the question, including an explanation of the

2-43  question;

2-44          (2) Arguments for and against the question; and

3-1       (3) If the question is an advisory question that proposes a

3-2  bond, tax, fee or expense, a fiscal note prepared by the governing

3-3  body in accordance with subsection 4 of NRS 293.482.

3-4  (c) At any election other than a primary or general election at

3-5  which the county clerk gives notice of the election or otherwise

3-6  performs duties in connection therewith other than the registration

3-7  of electors and the making of records of registered voters available

3-8  for the election, shall provide [a copy of the question, including an

3-9  explanation of and arguments for and against the question,] to each

3-10  county clerk at least 60 days before the election [.] :

3-11          (1) A copy of the question, including an explanation of the

3-12  question;

3-13          (2) Arguments for and against the question; and

3-14          (3) If the question is an advisory question that proposes a

3-15  bond, tax, fee or expense, a fiscal note prepared by the governing

3-16  body in accordance with subsection 4 of NRS 293.482.

3-17      (d) At any city election at which the city clerk gives notice of

3-18  the election or otherwise performs duties in connection therewith,

3-19  shall provide [a copy of the question, including an explanation of

3-20  and arguments for and against the question,] to the city clerk at least

3-21  60 days before the election [.] :

3-22          (1) A copy of the question, including an explanation of the

3-23  question;

3-24          (2) Arguments for and against the question; and

3-25          (3) If the question is an advisory question that proposes a

3-26  bond, tax, fee or expense, a fiscal note prepared by the governing

3-27  body in accordance with subsection 4 of NRS 293.482.

3-28      2.  A question may be submitted after the dates specified in

3-29  subsection 1 if the question is expressly privileged or required to be

3-30  submitted pursuant to the provisions of Article 19 of the

3-31  Constitution of the State of Nevada, or pursuant to the provisions of

3-32  chapter 295 of NRS or any other statute except NRS 293.482,

3-33  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

3-34  authorizes the governing body to issue bonds upon the approval of

3-35  the voters.

3-36      3.  A county or city clerk may charge any political subdivision,

3-37  public or quasi-public corporation or other local agency which

3-38  submits a question a reasonable fee sufficient to pay for the

3-39  increased costs incurred in including the question, explanation ,

3-40  [and] arguments and fiscal note on the ballot.

3-41      Sec. 3.  NRS 293.482 is hereby amended to read as follows:

3-42      293.482  1.  The governing body of [any] a county or city

3-43  may, at any general election or general city election, ask the advice

3-44  of the registered voters within its jurisdiction on any question which

3-45  it has under consideration . [by adopting] No other political

4-1  subdivision, public or quasi-public corporation or other local

4-2  agency may ask the advice of the registered voters within its

4-3  jurisdiction on any question which it has under consideration.

4-4  2.  To place an advisory question on the ballot at a general

4-5  election or general city election, the governing body of a county or

4-6  city must:

4-7  (a) Adopt a resolution [which:

4-8  (a) Except as otherwise provided in NRS 295.121 and 295.217,

4-9  sets forth the advisory question, including an] that:

4-10          (1) Sets forth:

4-11              (I) The question, in language indicating clearly that the

4-12  question is advisory only;

4-13              (II) An explanation of [and arguments] the question;

4-14              (III) Except as otherwise provided in NRS 295.121 and

4-15  295.217, arguments for and against the question [, to be submitted

4-16  to the voters; and

4-17      (b)]; and

4-18              (IV) If the question is an advisory question that

4-19  proposes a bond, tax, fee or expense, a fiscal note prepared by the

4-20  governing body in accordance with subsection 4; and

4-21          (2) States that the result of the voting on the question does

4-22  not place any legal requirement on the governing body , any

4-23  member of the governing body or any officer of the political

4-24  subdivision [.

4-25      2.]; and

4-26      (b) Comply with the requirements of paragraph (a) or (d) of

4-27  subsection 1 of NRS 293.481.

4-28      3.  A governing body may, at any general election, ask the

4-29  advice of the registered voters of part of its territory if:

4-30      (a) The advisory question to be submitted affects only that part

4-31  of its territory; and

4-32      (b) The resolution adopted pursuant to subsection [1] 2 sets forth

4-33  the boundaries of the area in which the advice of the registered

4-34  voters will be asked.

4-35      4.  With respect to a fiscal note that is required in connection

4-36  with an advisory question:

4-37      (a) If, in the advisory question, the governing body seeks

4-38  advice on whether bonds should be issued, the fiscal note must

4-39  include any information that is required by law to be included on

4-40  the sample ballot pursuant to the provisions of law that govern the

4-41  procedure for issuance of the applicable type of bond.

4-42      (b) If, in the advisory question, the governing body seeks

4-43  advice on whether a limitation upon revenue from taxes ad

4-44  valorem should be exceeded, the fiscal note must include any

4-45  information that is required by law to be included on the sample

5-1  ballot pursuant to the provisions of law that govern the procedure

5-2  for exceeding that limitation.

5-3  (c) If, in the advisory question, the governing body seeks

5-4  advice on whether a tax other than a property tax described in

5-5  paragraph (b) should be levied, the fiscal note must:

5-6       (1) Identify the average annual cost that is expected to be

5-7  incurred by the affected taxpayers if the tax were to be levied;

5-8       (2) Specify the period over which the tax is proposed to be

5-9  levied;

5-10          (3) Disclose whether, in connection with the levy of the tax,

5-11  revenue bonds are to be sold which will be backed by the full faith

5-12  and credit of the assessed value of the applicable local

5-13  government; and

5-14          (4) If applicable, specify whether, in connection with or

5-15  following the levy of the tax, additional expenses are expected to

5-16  be incurred to pay for the operation or maintenance of any

5-17  program or service to be provided from the proceeds of the tax or

5-18  to pay for the operation or maintenance of any building,

5-19  equipment, facility, machinery, property, structure, vehicle or

5-20  other thing of value to be purchased, improved or repaired with

5-21  the proceeds of the tax.

5-22      (d) If, in the advisory question, the governing body seeks

5-23  advice on whether a fee should be imposed, the fiscal note must:

5-24          (1) Identify the average annual cost that is expected to be

5-25  incurred by the affected users if the fee were to be imposed;

5-26          (2) Specify the period over which the fee is proposed to be

5-27  imposed; and

5-28          (3) If applicable, specify whether, in connection with or

5-29  following the imposition of the fee, additional expenses are

5-30  expected to be incurred to pay for the program or service to be

5-31  provided from the proceeds of the fee or to pay for the operation or

5-32  maintenance of any building, equipment, facility, machinery,

5-33  property, structure, vehicle or other thing of value to be

5-34  purchased, improved or repaired with the proceeds of the fee.

5-35      (e) If, in the advisory question, the governing body seeks

5-36  advice on whether the applicable local government should incur

5-37  an expense, the fiscal note must:

5-38          (1) Identify the source of revenue that will be used to pay

5-39  the expense;

5-40          (2) Disclose whether it is expected that the incurring of the

5-41  expense will require the levy or imposition of a new tax or fee or

5-42  the increase of an existing tax or fee; and

5-43          (3) If a tax or fee is proposed to be levied or imposed or

5-44  increased to pay the expense, contain the information required

5-45  pursuant to paragraph (c) or (d), as applicable.

6-1  5.  On the sample ballot for the general election or general

6-2  city election, each advisory question must appear:

6-3  (a) With a title in substantially the following form: “Advisory

6-4  Ballot Question No. ....”; and

6-5  (b) With its explanation, arguments and, if required, fiscal

6-6  note.

6-7  6.  The Committee on Local Government Finance shall

6-8  prepare sample advisory ballot questions to demonstrate, for each

6-9  situation enumerated in paragraphs (a) to (e), inclusive, of

6-10  subsection 4, examples of the manner in which fiscal notes should

6-11  be prepared.

6-12      Sec. 4.  NRS 293.565 is hereby amended to read as follows:

6-13      293.565  1.  Except as otherwise provided in subsection 2,

6-14  sample ballots must include:

6-15      (a) The fiscal note, as provided pursuant to NRS 218.443 , [or]

6-16  293.250, 293.481 or 293.482, for each proposed constitutional

6-17  amendment [or statewide measure;] , statewide measure, measure

6-18  to be voted upon only by a special district or political subdivision

6-19  and advisory question;

6-20      (b) An explanation, as provided pursuant to NRS 218.443,

6-21  293.250, 293.481, 293.482 or 295.121, of each proposed

6-22  constitutional amendment [or statewide measure,] , statewide

6-23  measure, measure to be voted upon only by a special district or

6-24  political subdivision and advisory question, including arguments

6-25  for and against it; and

6-26      (c) The full text of each proposed constitutional amendment.

6-27      2.  Sample ballots that are mailed to registered voters may be

6-28  printed without the full text of each proposed constitutional

6-29  amendment if:

6-30      (a) The cost of printing the sample ballots would be significantly

6-31  reduced if the full text of each proposed constitutional amendment

6-32  were not included;

6-33      (b) The county clerk ensures that a sample ballot that includes

6-34  the full text of each proposed constitutional amendment is provided

6-35  at no charge to each registered voter who requests such a sample

6-36  ballot; and

6-37      (c) The sample ballots provided to each polling place include the

6-38  full text of each proposed constitutional amendment.

6-39      3.  At least 10 days before any election, the county clerk shall

6-40  cause to be mailed to each registered voter in the county a sample

6-41  ballot for his precinct with a notice informing the voter of the

6-42  location of his polling place. If the location of the polling place has

6-43  changed since the last election:

7-1  (a) The county clerk shall mail a notice of the change to each

7-2  registered voter in the county not sooner than 10 days before

7-3  mailing the sample ballots; or

7-4  (b) The sample ballot must also include a notice in bold type

7-5  immediately above the location which states:

 

7-6  NOTICE: THE LOCATION OF YOUR POLLING PLACE

7-7  HAS CHANGED SINCE THE LAST ELECTION

 

7-8  4.  Except as otherwise provided in subsection 5, a sample

7-9  ballot required to be mailed pursuant to this section must:

7-10      (a) Be printed in at least 12-point type; and

7-11      (b) Include on the front page, in a separate box created by bold

7-12  lines, a notice printed in at least 20-point bold type that states:

 

7-13  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

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

 

7-15      5.  A portion of a sample ballot that contains a facsimile of the

7-16  display area of a voting device may include material in less than

7-17  12-point type to the extent necessary to make the facsimile fit on the

7-18  pages of the sample ballot.

7-19      6.  The sample ballot mailed to a person who requests a sample

7-20  ballot in large type by exercising the option provided pursuant to

7-21  NRS 293.508, or in any other manner, must be printed in at least

7-22  14-point type, or larger when practicable.

7-23      7.  If a person requests a sample ballot in large type, the county

7-24  clerk shall ensure that all future sample ballots mailed to that person

7-25  from the county are in large type.

7-26      8.  The county clerk shall include in each sample ballot a

7-27  statement indicating that the county clerk will, upon request of a

7-28  voter who is elderly or disabled, make reasonable accommodations

7-29  to allow the voter to vote at his polling place and provide reasonable

7-30  assistance to the voter in casting his vote, including, without

7-31  limitation, providing appropriate materials to assist the voter.

7-32      9.  The cost of mailing sample ballots for any election other

7-33  than a primary or general election must be borne by the political

7-34  subdivision holding the election.

7-35      Sec. 5.  NRS 293C.262 is hereby amended to read as follows:

7-36      293C.262  1.  The offices for which there are candidates, the

7-37  names of the candidates therefor and the questions to be voted upon

7-38  must be printed on ballots for a city election in the following order:

7-39      (a) City offices:

7-40          (1) Mayor;

8-1       (2) Councilmen according to ward in numerical order, if no

8-2  wards, in alphabetical order; and

8-3       (3) Municipal judges.

8-4  (b) Questions presented to the voters of a city or a portion of a

8-5  city[.] with advisory questions listed in consecutive order after any

8-6  other questions presented to the voters of the city.

8-7  2.  The city clerk:

8-8  (a) May divide paper ballots into two sheets in a manner that

8-9  provides a clear understanding and grouping of all measures and

8-10  candidates.

8-11      (b) Shall prescribe the color or colors of the ballots and voting

8-12  receipts used in any election which the clerk is required to conduct.

8-13      Sec. 6.  NRS 293C.530 is hereby amended to read as follows:

8-14      293C.530  1.  At least 10 days before an election, the city

8-15  clerk shall cause to be mailed to each registered voter in the city a

8-16  sample ballot for his precinct with a notice informing the voter of

8-17  the location of his polling place. If the location of the polling place

8-18  has changed since the last election:

8-19      (a) The city clerk shall mail a notice of the change to each

8-20  registered voter in the city not sooner than 10 days before mailing

8-21  the sample ballots; or

8-22      (b) The sample ballot must also include a notice in bold type

8-23  immediately above the location which states:

 

8-24  NOTICE: THE LOCATION OF YOUR POLLING PLACE

8-25  HAS CHANGED SINCE THE LAST ELECTION

 

8-26      2.  Except as otherwise provided in subsection 3, a sample

8-27  ballot required to be mailed pursuant to this section must:

8-28      (a) Be printed in at least 12-point type; [and]

8-29      (b) Include the fiscal note and explanation, as required

8-30  pursuant to NRS 293.481 or 293.482, of each citywide measure

8-31  and advisory question, including arguments for and against it;

8-32  and

8-33      (c) Include on the front page, in a separate box created by bold

8-34  lines, a notice printed in at least 20-point bold type that states:

 

8-35  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

8-36  LARGE TYPE, CALL (Insert appropriate telephone number)

 

8-37      3.  A portion of a sample ballot that contains a facsimile of the

8-38  display area of a voting device may include material in less than

8-39  12-point type to the extent necessary to make the facsimile fit on the

8-40  pages of the sample ballot.

9-1  4.  The sample ballot mailed to a person who requests a sample

9-2  ballot in large type by exercising the option provided pursuant to

9-3  NRS 293.508, or in any other manner, must be printed in at least

9-4  14-point type, or larger when practicable.

9-5  5.  If a person requests a sample ballot in large type, the city

9-6  clerk shall ensure that all future sample ballots mailed to that person

9-7  from the city are in large type.

9-8  6.  The city clerk shall include in each sample ballot a statement

9-9  indicating that the city clerk will, upon request of a voter who is

9-10  elderly or disabled, make reasonable accommodations to allow the

9-11  voter to vote at his polling place and provide reasonable assistance

9-12  to the voter in casting his vote, including, without limitation,

9-13  providing appropriate materials to assist the voter.

9-14      7.  The cost of mailing sample ballots for a city election must

9-15  be borne by the city holding the election.

9-16      Sec. 7.  NRS 295.121 is hereby amended to read as follows:

9-17      295.121  1.  In a county whose population is 100,000 or more,

9-18  for each initiative, referendum or other question to be placed on the

9-19  ballot by the board or county clerk, including, without limitation,

9-20  pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in

9-21  consultation with the county clerk pursuant to subsection 4, appoint

9-22  two committees. Except as otherwise provided in subsection 2, one

9-23  committee must be composed of three persons who favor approval

9-24  by the voters of the initiative, referendum or other question and the

9-25  other committee must be composed of three persons who oppose

9-26  approval by the voters of the initiative, referendum or other

9-27  question.

9-28      2.  If, after consulting with the county clerk pursuant to

9-29  subsection 4, the board is unable to appoint three persons who are

9-30  willing to serve on a committee, the board may appoint fewer than

9-31  three persons to that committee, but the board must appoint at least

9-32  one person to each committee appointed pursuant to this section.

9-33      3.  With respect to a committee appointed pursuant to this

9-34  section:

9-35      (a) A person may not serve simultaneously on the committee

9-36  that favors approval by the voters of an initiative, referendum or

9-37  other question and the committee that opposes approval by the

9-38  voters of that initiative, referendum or other question.

9-39      (b) Members of the committee serve without compensation.

9-40      (c) The term of office for each member commences upon

9-41  appointment and expires upon the publication of the sample ballot

9-42  containing the initiative, referendum or other question.

9-43      4.  Before the board appoints a committee pursuant to this

9-44  section, the county clerk shall:

10-1      (a) Recommend to the board persons to be appointed to the

10-2  committee; and

10-3      (b) Consider recommending pursuant to paragraph (a):

10-4          (1) Any person who has expressed an interest in serving on

10-5  the committee; and

10-6          (2) A person who is a member of an organization that has

10-7  expressed an interest in having a member of the organization serve

10-8  on the committee.

10-9      5.  If the board of a county whose population is 100,000 or

10-10  more fails to appoint a committee as required pursuant to this

10-11  section, the county clerk shall appoint the committee.

10-12     6.  A committee appointed pursuant to this section:

10-13     (a) Shall elect a chairman for the committee;

10-14     (b) Shall meet and conduct its affairs as necessary to fulfill the

10-15  requirements of this section;

10-16     (c) May seek and consider comments from the general public;

10-17     (d) Shall[, based on whether the members were appointed to

10-18  advocate or oppose approval by the voters of the initiative,

10-19  referendum or other question,] prepare an argument either

10-20  advocating or opposing approval by the voters of the initiative,

10-21  referendum or other question[;] , based on whether the members

10-22  were appointed to advocate or oppose approval by the voters of the

10-23  initiative, referendum or other question;

10-24     (e) Shall prepare a rebuttal to the argument prepared by the other

10-25  committee appointed pursuant to this section; and

10-26     (f) Shall submit the argument and rebuttal prepared pursuant to

10-27  paragraphs (d) and (e) to the county clerk not later than the date

10-28  prescribed by the county clerk pursuant to subsection 7.

10-29     7.  The county clerk of a county whose population is 100,000 or

10-30  more shall provide, by rule or regulation:

10-31     (a) The maximum permissible length of an argument or rebuttal

10-32  prepared pursuant to this section; and

10-33     (b) The date by which an argument or rebuttal prepared pursuant

10-34  to this section must be submitted by the committee to the county

10-35  clerk.

10-36     8.  Upon receipt of an argument or rebuttal prepared pursuant to

10-37  this section, the county clerk:

10-38     (a) May consult with persons who are generally recognized by a

10-39  national or statewide organization as having expertise in the field or

10-40  area to which the initiative, referendum or other question pertains;

10-41  and

10-42     (b) Shall reject each statement in the argument or rebuttal that he

10-43  believes is libelous or factually inaccurate.

10-44  Not later than 5 days after the county clerk rejects a statement

10-45  pursuant to this subsection, the committee may appeal that rejection

11-1  to the district attorney. The district attorney shall review the

11-2  statement and the reasons for its rejection and may receive evidence,

11-3  documentary or testimonial, to aid him in his decision. Not later

11-4  than 3 business days after the appeal by the committee, the district

11-5  attorney shall issue his decision rejecting or accepting the statement.

11-6  The decision of the district attorney is a final decision for the

11-7  purposes of judicial review.

11-8      9.  The county clerk shall place in the sample ballot provided to

11-9  the registered voters of the county each argument and rebuttal

11-10  prepared pursuant to this section, containing all statements that were

11-11  not rejected pursuant to subsection 8. The county clerk may revise

11-12  the language submitted by the committee so that it is clear, concise

11-13  and suitable for incorporation in the sample ballot, but shall not alter

11-14  the meaning or effect without the consent of the committee.

11-15     10.  In a county whose population is less than 100,000:

11-16     (a) The board may appoint committees pursuant to this section.

11-17     (b) If the board appoints committees pursuant to this section, the

11-18  county clerk shall provide for rules or regulations pursuant to

11-19  subsection 7.

11-20     Sec. 8.  NRS 295.217 is hereby amended to read as follows:

11-21     295.217  1.  In a city whose population is 60,000 or more, for

11-22  each initiative, referendum or other question to be placed on the

11-23  ballot by the council, including, without limitation, pursuant to NRS

11-24  293.482 or 295.215, the council shall, in consultation pursuant to

11-25  subsection 4 with the city clerk [pursuant to subsection 4,] or other

11-26  city officer authorized to perform the duties of the city clerk,

11-27  appoint two committees. Except as otherwise provided in subsection

11-28  2, one committee must be composed of three persons who favor

11-29  approval by the voters of the initiative, referendum or other question

11-30  and the other committee must be composed of three persons who

11-31  oppose approval by the voters of the initiative, referendum or other

11-32  question.

11-33     2.  If, after consulting with the city clerk pursuant to subsection

11-34  4, the council is unable to appoint three persons willing to serve on

11-35  a committee, the council may appoint fewer than three persons to

11-36  that committee, but the council must appoint at least one person to

11-37  each committee appointed pursuant to this section.

11-38     3.  With respect to a committee appointed pursuant to this

11-39  section:

11-40     (a) A person may not serve simultaneously on the committee

11-41  that favors approval by the voters of an initiative, referendum or

11-42  other question and the committee that opposes approval by the

11-43  voters of that initiative, referendum or other question.

11-44     (b) Members of the committee serve without compensation.

12-1      (c) The term of office for each member commences upon

12-2  appointment and expires upon the publication of the sample ballot

12-3  containing the initiative, referendum or other question.

12-4      4.  Before the council appoints a committee pursuant to this

12-5  section, the city clerk shall:

12-6      (a) Recommend to the council persons to be appointed to the

12-7  committee; and

12-8      (b) Consider recommending pursuant to paragraph (a):

12-9          (1) Any person who has expressed an interest in serving on

12-10  the committee; and

12-11         (2) A person who is a member of an organization that has

12-12  expressed an interest in having a member of the organization serve

12-13  on the committee.

12-14     5.  If the council of a city whose population is 60,000 or more

12-15  fails to appoint a committee as required pursuant to this section, the

12-16  city clerk shall appoint the committee.

12-17     6.  A committee appointed pursuant to this section:

12-18     (a) Shall elect a chairman for the committee;

12-19     (b) Shall meet and conduct its affairs as necessary to fulfill the

12-20  requirements of this section;

12-21     (c) May seek and consider comments from the general public;

12-22     (d) Shall[, based on whether the members were appointed to

12-23  advocate or oppose approval by the voters of the initiative,

12-24  referendum or other question,] prepare an argument either

12-25  advocating or opposing approval by the voters of the initiative,

12-26  referendum or other question[;] , based on whether the members

12-27  were appointed to advocate or oppose approval by the voters of the

12-28  initiative, referendum or other question;

12-29     (e) Shall prepare a rebuttal to the argument prepared by the other

12-30  committee appointed pursuant to this section; and

12-31     (f) Shall submit the argument and rebuttal prepared pursuant to

12-32  paragraphs (d) and (e) to the city clerk not later than the date

12-33  prescribed by the city clerk pursuant to subsection 7.

12-34     7.  The city clerk of a city whose population is 60,000 or more

12-35  shall provide, by rule or regulation:

12-36     (a) The maximum permissible length of an argument or rebuttal

12-37  prepared pursuant to this section; and

12-38     (b) The date by which an argument or rebuttal prepared pursuant

12-39  to this section must be submitted by the committee to the city clerk.

12-40     8.  Upon receipt of an argument or rebuttal prepared pursuant to

12-41  this section, the city clerk:

12-42     (a) May consult with persons who are generally recognized by a

12-43  national or statewide organization as having expertise in the field or

12-44  area to which the initiative, referendum or other question pertains;

12-45  and

13-1      (b) Shall reject each statement in the argument or rebuttal that he

13-2  believes is libelous or factually inaccurate.

13-3  Not later than 5 days after the city clerk rejects a statement pursuant

13-4  to this subsection, the committee may appeal that rejection to the

13-5  city attorney[.] or other city officer appointed to hear the appeal

13-6  by the city council. The city attorney or other city officer appointed

13-7  to hear the appeal shall review the statement and the reasons for its

13-8  rejection and may receive evidence, documentary or testimonial, to

13-9  aid him in his decision. Not later than 3 business days after the

13-10  appeal by the committee, the city attorney or other city officer

13-11  appointed to hear the appeal shall issue his decision rejecting or

13-12  accepting the statement. The decision of the city attorney or other

13-13  city officer appointed to hear the appeal is a final decision for the

13-14  purposes of judicial review.

13-15     9.  The city clerk shall place in the sample ballot provided to

13-16  the registered voters of the city each argument and rebuttal prepared

13-17  pursuant to this section, containing all statements that were not

13-18  rejected pursuant to subsection 8. The city clerk may revise the

13-19  language submitted by the committee so that it is clear, concise and

13-20  suitable for incorporation in the sample ballot, but shall not alter the

13-21  meaning or effect without the consent of the committee.

13-22     10.  In a city whose population is less than 60,000:

13-23     (a) The council may appoint committees pursuant to this section.

13-24     (b) If the council appoints committees pursuant to this section,

13-25  the city clerk shall provide for rules or regulations pursuant to

13-26  subsection 7.

 

13-27  H