Assembly Bill No. 293–Assemblymen Mortenson, Giunchigliani, Koivisto, Gustavson, Hettrick, Beers, Conklin, Leslie, McCleary and Sherer
CHAPTER..........
AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against, and rebuttals for, certain statewide ballot questions; revising the population used to determine whether a board of county commissioners or city council is required to appoint committees to prepare arguments and rebuttals for certain ballot questions voted upon in the county or city; providing that, in certain counties and cities, if a ballot question is placed on the ballot by specified entities, committees must be appointed to prepare arguments advocating and opposing the ballot question; requiring the specified entities to submit timely a copy and explanation of the ballot question to the county clerk or city clerk, as applGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).icable; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 293 of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. For each constitutional amendment or statewide measure
1-4 proposed by initiative or referendum to be placed on the ballot by
1-5 the Secretary of State, the Secretary of State shall, pursuant to
1-6 subsection 4, appoint two committees. Except as otherwise
1-7 provided in subsection 2, one committee must be composed of
1-8 three persons who favor approval by the voters of the initiative or
1-9 referendum and the other committee must be composed of three
1-10 persons who oppose approval by the voters of the initiative or
1-11 referendum.
1-12 2. If the Secretary of State is unable to appoint three persons
1-13 who are willing to serve on a committee, he may appoint fewer
1-14 than three persons to that committee, but he must appoint at least
1-15 one person to each committee appointed pursuant to this section.
1-16 3. With respect to a committee appointed pursuant to this
1-17 section:
1-18 (a) A person may not serve simultaneously on the committee
1-19 that favors approval by the voters of an initiative or referendum
1-20 and the committee that opposes approval by the voters of that
1-21 initiative or referendum.
1-22 (b) Members of the committee serve without compensation.
2-1 (c) The term of office for each member commences upon
2-2 appointment and expires upon the publication of the sample ballot
2-3 containing the initiative or referendum.
2-4 4. The Secretary of State shall consider appointing to a
2-5 committee pursuant to this section:
2-6 (a) Any person who has expressed an interest in serving on the
2-7 committee; and
2-8 (b) A person who is a member of an organization that has
2-9 expressed an interest in having a member of the organization
2-10 serve on the committee.
2-11 5. A committee appointed pursuant to this section:
2-12 (a) Shall elect a chairman for the committee;
2-13 (b) Shall meet and conduct its affairs as necessary to fulfill the
2-14 requirements of this section;
2-15 (c) May seek and consider comments from the general public;
2-16 (d) Shall, based on whether the members were appointed to
2-17 advocate or oppose approval by the voters of the initiative or
2-18 referendum, prepare an argument either advocating or opposing
2-19 approval by the voters of the initiative or referendum;
2-20 (e) Shall prepare a rebuttal to the argument prepared by the
2-21 other committee appointed pursuant to this section;
2-22 (f) Shall address in the argument and rebuttal prepared
2-23 pursuant to paragraphs (d) and (e):
2-24 (1) The fiscal impact of the initiative or referendum;
2-25 (2) The environmental impact of the initiative or
2-26 referendum; and
2-27 (3) The impact of the initiative or referendum on the public
2-28 health, safety and welfare; and
2-29 (g) Shall submit the argument and rebuttal prepared pursuant
2-30 to paragraphs (d), (e) and (f) to the Secretary of State not later
2-31 than the date prescribed by the Secretary of State pursuant to
2-32 subsection 6.
2-33 6. The Secretary of State shall provide, by rule or regulation:
2-34 (a) The maximum permissible length of an argument and
2-35 rebuttal prepared pursuant to this section; and
2-36 (b) The date by which an argument and rebuttal prepared
2-37 pursuant to this section must be submitted by a committee to the
2-38 Secretary of State.
2-39 7. Upon receipt of an argument or rebuttal prepared pursuant
2-40 to this section, the Secretary of State:
2-41 (a) May consult with persons who are generally recognized by
2-42 a national or statewide organization as having expertise in the
2-43 field or area to which the initiative or referendum pertains; and
2-44 (b) Shall reject each statement in the argument or rebuttal that
2-45 he believes is libelous or factually inaccurate.
3-1 Not later than 5 days after the Secretary of State rejects a
3-2 statement pursuant to this subsection, the committee that prepared
3-3 the statement may appeal that rejection to the Attorney General.
3-4 The Attorney General shall review the statement and the reasons
3-5 for its rejection and may receive evidence, documentary or
3-6 testimonial, to aid him in his decision. Not later than 3 business
3-7 days after the appeal by the committee, the Attorney General shall
3-8 issue his decision rejecting or accepting the statement. The
3-9 decision of the Attorney General is a final decision for the
3-10 purposes of judicial review.
3-11 8. The Secretary of State may revise the language submitted
3-12 by a committee pursuant to this section so that it is clear, concise
3-13 and suitable for incorporation in the sample ballot, but shall not
3-14 alter the meaning or effect of the language without the consent of
3-15 the committee.
3-16 Sec. 2. NRS 293.250 is hereby amended to read as follows:
3-17 293.250 1. The Secretary of State shall, in a manner
3-18 consistent with the election laws of this state, prescribe:
3-19 (a) The form of all ballots, absent ballots, diagrams, sample
3-20 ballots, certificates, notices, declarations, applications to register to
3-21 vote, lists, applications, pollbooks, registers, rosters, statements and
3-22 abstracts required by the election laws of this state.
3-23 (b) The procedure to be followed when a computer is used to
3-24 register voters and to keep records of registration.
3-25 2. The Secretary of State shall prescribe with respect to the
3-26 matter to be printed on every kind of ballot:
3-27 (a) The placement and listing of all offices, candidates and
3-28 measures upon which voting is statewide, which must be uniform
3-29 throughout the State.
3-30 (b) The listing of all other candidates required to file with him,
3-31 and the order of listing all offices, candidates and measures upon
3-32 which voting is not statewide, from which each county or city clerk
3-33 shall prepare appropriate ballot forms for use in any election in his
3-34 county.
3-35 3. The Secretary of State shall place the condensation of each
3-36 proposed constitutional amendment or statewide measure near the
3-37 spaces or devices for indicating the voter’s choice.
3-38 4. The fiscal note for , [and] explanation of , arguments for
3-39 and against, and rebuttals to such arguments of each proposed
3-40 constitutional amendment or statewide measure[, including
3-41 arguments for and against it,] must be included on all sample
3-42 ballots.
3-43 5. The condensations and explanations for constitutional
3-44 amendments and statewide measures proposed by initiative or
3-45 referendum must be prepared by the Secretary of State, upon
3-46 consultation with the Attorney General. The arguments and
4-1 rebuttals for or against constitutional amendments and statewide
4-2 measures proposed by initiative or referendum must be prepared
4-3 in the manner set forth in section 1 of this act. The fiscal notes for
4-4 constitutional amendments and statewide measures proposed by
4-5 initiative or referendum must be prepared by the Secretary of State,
4-6 upon consultation with the Fiscal Analysis Division of the
4-7 Legislative Counsel Bureau. The condensations, explanations ,
4-8 arguments, rebuttals and fiscal notes must be in easily understood
4-9 language and of reasonable length, and whenever feasible must be
4-10 completed by August 1 of the year in which the general election is
4-11 to be held.
4-12 6. The names of candidates for township and legislative or
4-13 special district offices must be printed only on the ballots furnished
4-14 to voters of that township or district.
4-15 7. A county clerk:
4-16 (a) May divide paper ballots into two sheets in a manner which
4-17 provides a clear understanding and grouping of all measures and
4-18 candidates.
4-19 (b) Shall prescribe the color or colors of the ballots and voting
4-20 receipts used in any election which the clerk is required to conduct.
4-21 Sec. 3. NRS 293.253 is hereby amended to read as follows:
4-22 293.253 1. The Secretary of State shall provide each county
4-23 clerk with copies of any proposed constitution, constitutional
4-24 amendment or statewide measure which will appear on the general
4-25 election ballot, together with the copies of the condensations,
4-26 explanations , arguments, rebuttals and fiscal notes prepared
4-27 pursuant to NRS 218.443 and 293.250[.] and section 1 of this act.
4-28 2. Whenever feasible, he shall provide those copies on or
4-29 before the first Monday in August of the year in which the proposals
4-30 will appear on the ballot. Copies of any additional proposals must be
4-31 provided as soon after their filing as feasible.
4-32 3. Each county clerk shall cause a copy of the full text of any
4-33 such constitution, amendment or measure and its condensation,
4-34 explanation, [including arguments for and against it,] arguments,
4-35 rebuttals and fiscal note to be published, in conspicuous display
4-36 advertising format of not less than 10 column inches, in a newspaper
4-37 of general circulation in the county three times at intervals of not
4-38 less than 7 days, the first publication to be on or before the first
4-39 Monday in October. If no such newspaper is published in the
4-40 county, the publication may be made in a newspaper of general
4-41 circulation published in the nearest Nevada county.
4-42 4. If a copy is furnished by the Secretary of State too late to be
4-43 published at 7-day intervals, it must be published three times at the
4-44 longest intervals feasible in each county.
5-1 5. The portion of the cost of publication which is attributable to
5-2 publishing the questions, explanations , arguments, rebuttals and
5-3 fiscal notes of proposed constitutions, constitutional amendments or
5-4 statewide measures is a charge against the State and must be paid
5-5 from the Reserve for Statutory Contingency Account upon
5-6 recommendation by the Secretary of State and approval by the State
5-7 Board of Examiners.
5-8 Sec. 4. NRS 293.565 is hereby amended to read as follows:
5-9 293.565 1. Except as otherwise provided in subsection 2,
5-10 sample ballots must include:
5-11 (a) The fiscal note, as provided pursuant to NRS 218.443 or
5-12 293.250, for each proposed constitutional amendment or statewide
5-13 measure;
5-14 (b) An explanation, as provided pursuant to NRS 218.443[,] or
5-15 293.250, of each proposed constitutional amendment or statewide
5-16 measure[, including arguments] ;
5-17 (c) Arguments for and against [it; and
5-18 (c)] each proposed constitutional amendment or statewide
5-19 measure and rebuttals to each argument, as provided pursuant to
5-20 NRS 218.443 or section 1 of this act; and
5-21 (d) The full text of each proposed constitutional amendment.
5-22 2. Sample ballots that are mailed to registered voters may be
5-23 printed without the full text of each proposed constitutional
5-24 amendment if:
5-25 (a) The cost of printing the sample ballots would be significantly
5-26 reduced if the full text of each proposed constitutional amendment
5-27 were not included;
5-28 (b) The county clerk ensures that a sample ballot that includes
5-29 the full text of each proposed constitutional amendment is provided
5-30 at no charge to each registered voter who requests such a sample
5-31 ballot; and
5-32 (c) The sample ballots provided to each polling place include the
5-33 full text of each proposed constitutional amendment.
5-34 3. At least 10 days before any election, the county clerk shall
5-35 cause to be mailed to each registered voter in the county a sample
5-36 ballot for his precinct with a notice informing the voter of the
5-37 location of his polling place. If the location of the polling place has
5-38 changed since the last election:
5-39 (a) The county clerk shall mail a notice of the change to each
5-40 registered voter in the county not sooner than 10 days before
5-41 mailing the sample ballots; or
5-42 (b) The sample ballot must also include a notice in bold type
5-43 immediately above the location which states:
6-1 NOTICE: THE LOCATION OF YOUR POLLING PLACE
6-2 HAS CHANGED SINCE THE LAST ELECTION
6-3 4. Except as otherwise provided in subsection 5, a sample
6-4 ballot required to be mailed pursuant to this section must:
6-5 (a) Be printed in at least 12-point type; and
6-6 (b) Include on the front page, in a separate box created by bold
6-7 lines, a notice printed in at least 20-point bold type that states:
6-8 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
6-9 LARGE TYPE, CALL (Insert appropriate telephone number)
6-10 5. A portion of a sample ballot that contains a facsimile of the
6-11 display area of a voting device may include material in less than
6-12 12-point type to the extent necessary to make the facsimile fit on the
6-13 pages of the sample ballot.
6-14 6. The sample ballot mailed to a person who requests a sample
6-15 ballot in large type by exercising the option provided pursuant to
6-16 NRS 293.508, or in any other manner, must be printed in at least
6-17 14-point type, or larger when practicable.
6-18 7. If a person requests a sample ballot in large type, the county
6-19 clerk shall ensure that all future sample ballots mailed to that person
6-20 from the county are in large type.
6-21 8. The county clerk shall include in each sample ballot a
6-22 statement indicating that the county clerk will, upon request of a
6-23 voter who is elderly or disabled, make reasonable accommodations
6-24 to allow the voter to vote at his polling place and provide reasonable
6-25 assistance to the voter in casting his vote, including, without
6-26 limitation, providing appropriate materials to assist the voter.
6-27 9. The cost of mailing sample ballots for any election other
6-28 than a primary or general election must be borne by the political
6-29 subdivision holding the election.
6-30 Sec. 5. NRS 295.121 is hereby amended to read as follows:
6-31 295.121 1. In a county whose population is [100,000] 40,000
6-32 or more, for each initiative, referendum or other question to be
6-33 placed on the ballot by [the] :
6-34 (a) The board or county clerk, including, without limitation,
6-35 pursuant to NRS 293.482, 295.115 or 295.160 [,] ;
6-36 (b) The governing body of a school district, public library or
6-37 water district authorized by law to submit questions to some or all
6-38 of the qualified electors or registered voters of the county; or
6-39 (c) A metropolitan police committee on fiscal affairs
6-40 authorized by law to submit questions to some or all of the
6-41 qualified electors or registered voters of the county,
6-42 the board shall, in consultation with the county clerk pursuant to
6-43 subsection [4,] 5, appoint two committees. Except as otherwise
7-1 provided in subsection 2, one committee must be composed of three
7-2 persons who favor approval by the voters of the initiative,
7-3 referendum or other question and the other committee must be
7-4 composed of three persons who oppose approval by the voters of the
7-5 initiative, referendum or other question.
7-6 2. If, after consulting with the county clerk pursuant to
7-7 subsection [4,] 5, the board is unable to appoint three persons who
7-8 are willing to serve on a committee, the board may appoint fewer
7-9 than three persons to that committee, but the board must appoint at
7-10 least one person to each committee appointed pursuant to this
7-11 section.
7-12 3. With respect to a committee appointed pursuant to this
7-13 section:
7-14 (a) A person may not serve simultaneously on the committee
7-15 that favors approval by the voters of an initiative, referendum or
7-16 other question and the committee that opposes approval by the
7-17 voters of that initiative, referendum or other question.
7-18 (b) Members of the committee serve without compensation.
7-19 (c) The term of office for each member commences upon
7-20 appointment and expires upon the publication of the sample ballot
7-21 containing the initiative, referendum or other question.
7-22 4. The county clerk may establish and maintain a list of the
7-23 persons who have expressed an interest in serving on a committee
7-24 appointed pursuant to this section. The county clerk, after
7-25 exercising due diligence to locate persons who favor approval by
7-26 the voters of an initiative, referendum or other question to be
7-27 placed on the ballot or who oppose approval by the voters of an
7-28 initiative, referendum or other question to be placed on the ballot,
7-29 may use the names on a list established pursuant to this subsection
7-30 to:
7-31 (a) Make recommendations pursuant to subsection 5; and
7-32 (b) Appoint members to a committee pursuant to subsection 6.
7-33 5. Before the board appoints a committee pursuant to this
7-34 section, the county clerk shall:
7-35 (a) Recommend to the board persons to be appointed to the
7-36 committee; and
7-37 (b) Consider recommending pursuant to paragraph (a):
7-38 (1) Any person who has expressed an interest in serving on
7-39 the committee; and
7-40 (2) A person who is a member of an organization that has
7-41 expressed an interest in having a member of the organization serve
7-42 on the committee.
7-43 [5.] 6. If the board of a county whose population is [100,000]
7-44 40,000 or more fails to appoint a committee as required pursuant to
7-45 this section, the county clerk shall appoint the committee.
7-46 [6.] 7. A committee appointed pursuant to this section:
8-1 (a) Shall elect a chairman for the committee;
8-2 (b) Shall meet and conduct its affairs as necessary to fulfill the
8-3 requirements of this section;
8-4 (c) May seek and consider comments from the general public;
8-5 (d) Shall, based on whether the members were appointed to
8-6 advocate or oppose approval by the voters of the initiative,
8-7 referendum or other question, prepare an argument either advocating
8-8 or opposing approval by the voters of the initiative, referendum or
8-9 other question;
8-10 (e) Shall prepare a rebuttal to the argument prepared by the other
8-11 committee appointed pursuant to this section; [and]
8-12 (f) Shall address in the argument and rebuttal prepared
8-13 pursuant to paragraphs (d) and (e):
8-14 (1) The fiscal impact of the initiative, referendum or other
8-15 question;
8-16 (2) The environmental impact of the initiative, referendum
8-17 or other question; and
8-18 (3) The impact of the initiative, referendum or other
8-19 question on the public health, safety and welfare; and
8-20 (g) Shall submit the argument and rebuttal prepared pursuant to
8-21 paragraphs (d) , (e) and [(e)] (f) to the county clerk not later than the
8-22 date prescribed by the county clerk pursuant to subsection [7.] 8.
8-23 [7.] 8. The county clerk of a county whose population is
8-24 [100,000] 40,000 or more shall provide, by rule or regulation:
8-25 (a) The maximum permissible length of an argument or rebuttal
8-26 prepared pursuant to this section; and
8-27 (b) The date by which an argument or rebuttal prepared pursuant
8-28 to this section must be submitted by the committee to the county
8-29 clerk.
8-30 [8.] 9. Upon receipt of an argument or rebuttal prepared
8-31 pursuant to this section, the county clerk:
8-32 (a) May consult with persons who are generally recognized by a
8-33 national or statewide organization as having expertise in the field or
8-34 area to which the initiative, referendum or other question pertains;
8-35 and
8-36 (b) Shall reject each statement in the argument or rebuttal that he
8-37 believes is libelous or factually inaccurate.
8-38 Not later than 5 days after the county clerk rejects a statement
8-39 pursuant to this subsection, the committee may appeal that rejection
8-40 to the district attorney. The district attorney shall review the
8-41 statement and the reasons for its rejection and may receive evidence,
8-42 documentary or testimonial, to aid him in his decision. Not later
8-43 than 3 business days after the appeal by the committee, the district
8-44 attorney shall issue his decision rejecting or accepting the statement.
8-45 The decision of the district attorney is a final decision for the
8-46 purposes of judicial review.
9-1 [9.] 10. The county clerk shall place in the sample ballot
9-2 provided to the registered voters of the county each argument and
9-3 rebuttal prepared pursuant to this section, containing all statements
9-4 that were not rejected pursuant to subsection [8.] 9. The county clerk
9-5 may revise the language submitted by the committee so that it is
9-6 clear, concise and suitable for incorporation in the sample ballot, but
9-7 shall not alter the meaning or effect without the consent of the
9-8 committee.
9-9 [10.] 11. In a county whose population is less than [100,000:]
9-10 40,000:
9-11 (a) The board may appoint committees pursuant to this section.
9-12 (b) If the board appoints committees pursuant to this section, the
9-13 county clerk shall provide for rules or regulations pursuant to
9-14 subsection [7.] 8.
9-15 12. Except as otherwise provided in this subsection, if a
9-16 question is to be placed on the ballot by an entity described in
9-17 paragraph (b) of subsection 1, the entity must provide a copy and
9-18 explanation of the question to the county clerk at least 30 days
9-19 earlier than the date required for the submission of such
9-20 documents pursuant to subsection 1 of NRS 293.481. This
9-21 subsection does not apply to a question if the date that the question
9-22 must be submitted to the county clerk is governed by subsection 2
9-23 of NRS 293.481.
9-24 Sec. 6. NRS 295.217 is hereby amended to read as follows:
9-25 295.217 1. In a city whose population is [60,000] 10,000 or
9-26 more, for each initiative, referendum or other question to be placed
9-27 on the ballot by the [council,] :
9-28 (a) Council, including, without limitation, pursuant to NRS
9-29 293.482 or 295.215[,] ; or
9-30 (b) Governing body of a public library or water district
9-31 authorized by law to submit questions to some or all of the
9-32 qualified electors or registered voters of the city,
9-33 the council shall, in consultation with the city clerk pursuant to
9-34 subsection [4,] 5, appoint two committees. Except as otherwise
9-35 provided in subsection 2, one committee must be composed of three
9-36 persons who favor approval by the voters of the initiative,
9-37 referendum or other question and the other committee must be
9-38 composed of three persons who oppose approval by the voters of the
9-39 initiative, referendum or other question.
9-40 2. If, after consulting with the city clerk pursuant to subsection
9-41 [4,] 5, the council is unable to appoint three persons willing to serve
9-42 on a committee, the council may appoint fewer than three persons to
9-43 that committee, but the council must appoint at least one person to
9-44 each committee appointed pursuant to this section.
9-45 3. With respect to a committee appointed pursuant to this
9-46 section:
10-1 (a) A person may not serve simultaneously on the committee
10-2 that favors approval by the voters of an initiative, referendum or
10-3 other question and the committee that opposes approval by the
10-4 voters of that initiative, referendum or other question.
10-5 (b) Members of the committee serve without compensation.
10-6 (c) The term of office for each member commences upon
10-7 appointment and expires upon the publication of the sample ballot
10-8 containing the initiative, referendum or other question.
10-9 4. The city clerk may establish and maintain a list of the
10-10 persons who have expressed an interest in serving on a committee
10-11 appointed pursuant to this section. The city clerk, after exercising
10-12 due diligence to locate persons who favor approval by the voters of
10-13 an initiative, referendum or other question to be placed on the
10-14 ballot or who oppose approval by the voters of an initiative,
10-15 referendum or other question to be placed on the ballot, may use
10-16 the names on a list established pursuant to this subsection to:
10-17 (a) Make recommendations pursuant to subsection 5; and
10-18 (b) Appoint members to a committee pursuant to subsection 6.
10-19 5. Before the council appoints a committee pursuant to this
10-20 section, the city clerk shall:
10-21 (a) Recommend to the council persons to be appointed to the
10-22 committee; and
10-23 (b) Consider recommending pursuant to paragraph (a):
10-24 (1) Any person who has expressed an interest in serving on
10-25 the committee; and
10-26 (2) A person who is a member of an organization that has
10-27 expressed an interest in having a member of the organization serve
10-28 on the committee.
10-29 [5.] 6. If the council of a city whose population is [60,000]
10-30 10,000 or more fails to appoint a committee as required pursuant to
10-31 this section, the city clerk shall appoint the committee.
10-32 [6.] 7. A committee appointed pursuant to this section:
10-33 (a) Shall elect a chairman for the committee;
10-34 (b) Shall meet and conduct its affairs as necessary to fulfill the
10-35 requirements of this section;
10-36 (c) May seek and consider comments from the general public;
10-37 (d) Shall, based on whether the members were appointed to
10-38 advocate or oppose approval by the voters of the initiative,
10-39 referendum or other question, prepare an argument either advocating
10-40 or opposing approval by the voters of the initiative, referendum or
10-41 other question;
10-42 (e) Shall prepare a rebuttal to the argument prepared by the other
10-43 committee appointed pursuant to this section; [and]
10-44 (f) Shall address in the argument and rebuttal prepared
10-45 pursuant to paragraphs (d) and (e):
11-1 (1) The fiscal impact of the initiative, referendum or other
11-2 question;
11-3 (2) The environmental impact of the initiative, referendum
11-4 or other question; and
11-5 (3) The impact of the initiative, referendum or other
11-6 question on the public health, safety and welfare; and
11-7 (g) Shall submit the argument and rebuttal prepared pursuant to
11-8 paragraphs (d) , (e) and [(e)] (f) to the city clerk not later than the
11-9 date prescribed by the city clerk pursuant to subsection [7.] 8.
11-10 [7.] 8. The city clerk of a city whose population is [60,000]
11-11 10,000 or more shall provide, by rule or regulation:
11-12 (a) The maximum permissible length of an argument or rebuttal
11-13 prepared pursuant to this section; and
11-14 (b) The date by which an argument or rebuttal prepared pursuant
11-15 to this section must be submitted by the committee to the city clerk.
11-16 [8.] 9. Upon receipt of an argument or rebuttal prepared
11-17 pursuant to this section, the city clerk:
11-18 (a) May consult with persons who are generally recognized by a
11-19 national or statewide organization as having expertise in the field or
11-20 area to which the initiative, referendum or other question pertains;
11-21 and
11-22 (b) Shall reject each statement in the argument or rebuttal that he
11-23 believes is libelous or factually inaccurate.
11-24 Not later than 5 days after the city clerk rejects a statement pursuant
11-25 to this subsection, the committee may appeal that rejection to the
11-26 city attorney. The city attorney shall review the statement and the
11-27 reasons for its rejection and may receive evidence, documentary or
11-28 testimonial, to aid him in his decision. Not later than 3 business days
11-29 after the appeal by the committee, the city attorney shall issue his
11-30 decision rejecting or accepting the statement. The decision of the
11-31 city attorney is a final decision for the purposes of judicial review.
11-32 [9.] 10. The city clerk shall place in the sample ballot provided
11-33 to the registered voters of the city each argument and rebuttal
11-34 prepared pursuant to this section, containing all statements that were
11-35 not rejected pursuant to subsection [8.] 9. The city clerk may revise
11-36 the language submitted by the committee so that it is clear, concise
11-37 and suitable for incorporation in the sample ballot, but shall not alter
11-38 the meaning or effect without the consent of the committee.
11-39 [10.] 11. In a city whose population is less than [60,000:]
11-40 10,000:
11-41 (a) The council may appoint committees pursuant to this section.
11-42 (b) If the council appoints committees pursuant to this section,
11-43 the city clerk shall provide for rules or regulations pursuant to
11-44 subsection [7.] 8.
11-45 12. If a question is to be placed on the ballot by an entity
11-46 described in paragraph (b) of subsection 1, the entity must provide
12-1 a copy and explanation of the question to the city clerk at least 30
12-2 days earlier than the date required for the submission of such
12-3 documents pursuant to subsection 1 of NRS 293.481. This
12-4 subsection does not apply to a question if the date that the question
12-5 must be submitted to the city clerk is governed by subsection 2 of
12-6 NRS 293.481.
12-7 Sec. 7. NRS 218.443 is hereby amended to read as follows:
12-8 218.443 1. As used in this section, “first committee of
12-9 reference” means the committee to which a bill or joint resolution
12-10 was first referred in the house of the Legislature into which it was
12-11 introduced.
12-12 2. Upon request from the first committee of reference, the
12-13 Legal, Research and Fiscal Analysis Divisions of the Legislative
12-14 Counsel Bureau shall prepare, for any proposed constitutional
12-15 amendment or statewide measure which, if approved by the
12-16 Legislature, would be submitted to a vote of the people:
12-17 (a) A condensation of the proposal into a question to be placed
12-18 on the ballot;
12-19 (b) An explanation of the proposal, including arguments for and
12-20 against [it; and] the proposal;
12-21 (c) If the Legislature rejects a statewide measure proposed by
12-22 initiative, proposes a different measure on the same subject which
12-23 the Governor approves and includes the measure on the ballot
12-24 with the statewide measure proposed by initiative, rebuttals to each
12-25 argument for and against the proposal; and
12-26 (d) A fiscal note for the proposal, including an explanation of
12-27 any anticipated financial effects on state and local governments.
12-28 3. The condensation, explanation , arguments, rebuttals and
12-29 fiscal note must be of reasonable length and written in easily
12-30 understood language.
12-31 4. After the bill or joint resolution has been approved by both
12-32 houses of the Legislature, the first committee of reference shall
12-33 request the preparation of the condensation, explanation ,
12-34 arguments, rebuttals and fiscal note, if it has not already done so,
12-35 and shall review the draft and approve such changes as it deems
12-36 necessary.
12-37 5. The first committee of reference shall submit the
12-38 condensation, explanation , arguments, rebuttals and fiscal note, in
12-39 the form of a simple resolution, to the members of the house in
12-40 which the proposed constitutional amendment or statewide measure
12-41 was introduced. After that resolution is approved, it must be entered
12-42 in the journal in its entirety and the enrolled resolution delivered to
12-43 the Secretary of State to accompany the bill or joint resolution to
12-44 which it relates.
12-45 6. If the Legislature adjourns before the procedures set forth in
12-46 subsections 4 and 5 have been completed, the Legislative
13-1 Commission shall review, revise and approve the condensation,
13-2 explanation , arguments, rebuttals and fiscal note for delivery to the
13-3 Secretary of State on or before July 1 of the year in which the
13-4 general election is to be held.
13-5 7. In the case of a joint resolution which proposes a
13-6 constitutional amendment, the condensation, explanation ,
13-7 arguments, rebuttals and fiscal note must be treated in the same
13-8 manner when the proposal is before the Legislature for its second
13-9 approval as when the proposal was first approved.
13-10 8. The Legislative Counsel Bureau shall distribute copies of the
13-11 condensations, explanations , arguments, rebuttals and fiscal notes
13-12 to members of the Legislature, public libraries, newspapers and
13-13 broadcasters.
13-14 20~~~~~03