Assembly Bill No. 292–Assemblymen Anderson, Conklin, Ohrenschall, Geddes, Gibbons, Arberry, Atkinson, Beers, Buckley, Chowning, Claborn, Collins, Giunchigliani, Griffin, Hardy, Horne, Koivisto, Leslie, Manendo, Marvel, McClain, Oceguera, Parks, Perkins and Pierce

 

March 13, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Prohibits political subdivisions from challenging initiative petitions, referendums or recalls under certain circumstances. (BDR 24‑329)

 

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; expressly prohibiting a political subdivision of this state from challenging an initiative petition, a referendum petition or a petition for the recall of a public officer under certain circumstances; 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 293.725 is hereby amended to read as follows:

1-2  293.725  1.  The government of this state or a political

1-3  subdivision of this state or an agency thereof shall not incur an

1-4  expense or make an expenditure to support or oppose:

1-5  [1.] (a) A ballot question.

1-6  [2.] (b) A candidate.

1-7  2.  The government of a political subdivision of this state or

1-8  an agency of a political subdivision of this state shall not

1-9  commence a legal action or take any other action to challenge an

1-10  initiative petition, a referendum petition or a petition for the recall

1-11  of a public officer on grounds other than that:

2-1  (a) The number of signatures on the petition is insufficient;

2-2  (b) The petition is in an incorrect form; or

2-3  (c) The petition was prepared in any other manner that was

2-4  procedurally incorrect,

2-5  before the petition is presented to the voters as a ballot question.

 

2-6  H