Assembly Bill No. 436–Assemblymen Gustavson, Angle, Beers, Brown, Chowning, Claborn, Grady and Weber

 

March 17, 2003

____________

 

Joint Sponsor: Senator Nolan

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing ballot questions. (BDR 24‑917)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against, and rebuttals for, certain statewide ballot questions; requiring sample ballots to include the names of the persons, organizations or governmental entities that assisted in writing condensations, explanations, arguments and rebuttals for ballot questions; revising the provisions relating to county and municipal ballot questions in certain counties and cities; 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

2-1  three persons who favor approval by the voters of the initiative or

2-2  referendum and the other committee must be composed of three

2-3  persons who oppose approval by the voters of the initiative or

2-4  referendum.

2-5  2.  If the Secretary of State is unable to appoint three persons

2-6  who are willing to serve on a committee, he may appoint fewer

2-7  than three persons to that committee, but he must appoint at least

2-8  one person to each committee appointed pursuant to this section.

2-9  3.  With respect to a committee appointed pursuant to this

2-10  section:

2-11      (a) A person may not serve simultaneously on the committee

2-12  that favors approval by the voters of an initiative or referendum

2-13  and the committee that opposes approval by the voters of that

2-14  initiative or referendum.

2-15      (b) Members of the committee serve without compensation.

2-16      (c) The term of office for each member commences upon

2-17  appointment and expires upon the publication of the sample ballot

2-18  containing the initiative or referendum.

2-19      4.  The Secretary of State shall consider appointing to a

2-20  committee pursuant to this section:

2-21      (a) Any person who has expressed an interest in serving on the

2-22  committee; and

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

2-24  expressed an interest in having a member of the organization

2-25  serve on the committee.

2-26      5.  A committee appointed pursuant to this section:

2-27      (a) Shall elect a chairman for the committee;

2-28      (b) Shall meet and conduct its affairs as necessary to fulfill the

2-29  requirements of this section;

2-30      (c) May seek and consider comments from the general public;

2-31      (d) Shall, based on whether the members were appointed to

2-32  advocate or oppose approval by the voters of the initiative or

2-33  referendum, prepare an argument either advocating or opposing

2-34  approval by the voters of the initiative or referendum;

2-35      (e) Shall prepare a rebuttal to the argument prepared by the

2-36  other committee appointed pursuant to this section; and

2-37      (f) Shall submit the argument and rebuttal prepared pursuant

2-38  to paragraphs (d) and (e), including the names described in

2-39  subsection 6, to the Secretary of State not later than the date

2-40  prescribed by the Secretary of State pursuant to subsection 7.

2-41      6.  The name of each person or organization who assisted in

2-42  writing an argument or rebuttal pursuant to this section must be

2-43  printed immediately following the argument or rebuttal.

2-44      7.  The Secretary of State shall provide, by rule or regulation:

3-1  (a) The maximum permissible length of an argument and

3-2  rebuttal prepared pursuant to this section; and

3-3  (b) The date by which an argument and rebuttal prepared

3-4  pursuant to this section must be submitted by a committee to the

3-5  Secretary of State.

3-6  8.  Upon receipt of an argument or rebuttal prepared pursuant

3-7  to this section, the Secretary of State:

3-8  (a) May consult with persons who are generally recognized by

3-9  a national or statewide organization as having expertise in the

3-10  field or area to which the initiative or referendum pertains; and

3-11      (b) Shall reject each statement in the argument or rebuttal that

3-12  he believes is libelous or factually inaccurate.

3-13  Not later than 5 days after the Secretary of State rejects a

3-14  statement pursuant to this subsection, the committee that prepared

3-15  the statement may appeal that rejection to the Attorney General.

3-16  The Attorney General shall review the statement and the reasons

3-17  for its rejection and may receive evidence, documentary or

3-18  testimonial, to aid him in his decision. Not later than 3 business

3-19  days after the appeal by the committee, the Attorney General shall

3-20  issue his decision rejecting or accepting the statement. The

3-21  decision of the Attorney General is a final decision for the

3-22  purposes of judicial review.

3-23      9.  The Secretary of State may revise the language submitted

3-24  by a committee pursuant to this section so that it is clear, concise

3-25  and suitable for incorporation in the sample ballot, but shall not

3-26  alter the meaning or effect of the language without the consent of

3-27  the committee.

3-28      Sec. 2.  NRS 293.250 is hereby amended to read as follows:

3-29      293.250  1.  The Secretary of State shall, in a manner

3-30  consistent with the election laws of this state, prescribe:

3-31      (a) The form of all ballots, absent ballots, diagrams, sample

3-32  ballots, certificates, notices, declarations, applications to register to

3-33  vote, lists, applications, pollbooks, registers, rosters, statements and

3-34  abstracts required by the election laws of this state.

3-35      (b) The procedure to be followed when a computer is used to

3-36  register voters and to keep records of registration.

3-37      2.  The Secretary of State shall prescribe with respect to the

3-38  matter to be printed on every kind of ballot:

3-39      (a) The placement and listing of all offices, candidates and

3-40  measures upon which voting is statewide, which must be uniform

3-41  throughout the State.

3-42      (b) The listing of all other candidates required to file with him,

3-43  and the order of listing all offices, candidates and measures upon

3-44  which voting is not statewide, from which each county or city clerk

4-1  shall prepare appropriate ballot forms for use in any election in his

4-2  county.

4-3  3.  The Secretary of State shall place the condensation of each

4-4  proposed constitutional amendment or statewide measure near the

4-5  spaces or devices for indicating the voter’s choice.

4-6  4.  The fiscal note for , [and] explanation of , arguments for

4-7  and against, and rebuttals to such arguments of each proposed

4-8  constitutional amendment or statewide measure[, including

4-9  arguments for and against it,] must be included on all sample

4-10  ballots.

4-11      5.  The condensations and explanations for constitutional

4-12  amendments and statewide measures proposed by initiative or

4-13  referendum must be prepared by the Secretary of State, upon

4-14  consultation with the Attorney General. The arguments and

4-15  rebuttals for or against constitutional amendments and statewide

4-16  measures proposed by initiative or referendum must be prepared

4-17  in the manner set forth in section 1 of this act. The fiscal notes for

4-18  constitutional amendments and statewide measures proposed by

4-19  initiative or referendum must be prepared by the Secretary of State,

4-20  upon consultation with the Fiscal Analysis Division of the

4-21  Legislative Counsel Bureau. The condensations, explanations ,

4-22  arguments, rebuttals and fiscal notes must be in easily understood

4-23  language and of reasonable length, and whenever feasible must be

4-24  completed by August 1 of the year in which the general election is

4-25  to be held.

4-26      6.  The names of candidates for township and legislative or

4-27  special district offices must be printed only on the ballots furnished

4-28  to voters of that township or district.

4-29      7.  A county clerk:

4-30      (a) May divide paper ballots into two sheets in a manner which

4-31  provides a clear understanding and grouping of all measures and

4-32  candidates.

4-33      (b) Shall prescribe the color or colors of the ballots and voting

4-34  receipts used in any election which the clerk is required to conduct.

4-35      Sec. 3.  NRS 293.253 is hereby amended to read as follows:

4-36      293.253  1.  The Secretary of State shall provide each county

4-37  clerk with copies of any proposed constitution, constitutional

4-38  amendment or statewide measure which will appear on the general

4-39  election ballot, together with the copies of the condensations,

4-40  explanations , arguments, rebuttals and fiscal notes prepared

4-41  pursuant to NRS 218.443 and 293.250[.] and section 1 of this act.

4-42      2.  Whenever feasible, he shall provide those copies on or

4-43  before the first Monday in August of the year in which the proposals

4-44  will appear on the ballot. Copies of any additional proposals must be

4-45  provided as soon after their filing as feasible.

5-1  3.  Each county clerk shall cause a copy of the full text of any

5-2  such constitution, amendment or measure and its condensation,

5-3  explanation, [including arguments for and against it,] arguments,

5-4  rebuttals and fiscal note to be published, in conspicuous display

5-5  advertising format of not less than 10 column inches, in a newspaper

5-6  of general circulation in the county three times at intervals of not

5-7  less than 7 days, the first publication to be on or before the first

5-8  Monday in October. If no such newspaper is published in the

5-9  county, the publication may be made in a newspaper of general

5-10  circulation published in the nearest Nevada county.

5-11      4.  If a copy is furnished by the Secretary of State too late to be

5-12  published at 7-day intervals, it must be published three times at the

5-13  longest intervals feasible in each county.

5-14      5.  The portion of the cost of publication which is attributable to

5-15  publishing the questions, explanations , arguments, rebuttals and

5-16  fiscal notes of proposed constitutions, constitutional amendments or

5-17  statewide measures is a charge against the State and must be paid

5-18  from the Reserve for Statutory Contingency Account upon

5-19  recommendation by the Secretary of State and approval by the State

5-20  Board of Examiners.

5-21      Sec. 4.  NRS 293.481 is hereby amended to read as follows:

5-22      293.481  1.  Except as otherwise provided in subsection 2 or

5-23  NRS 295.121 or 295.217, every governing body of a political

5-24  subdivision, public or quasi-public corporation, or other local

5-25  agency authorized by law to submit questions to the qualified

5-26  electors or registered voters of a designated territory, when the

5-27  governing body decides to submit a question:

5-28      (a) At a general election, shall provide a copy of the question,

5-29  including an explanation of [and] the question, arguments for and

5-30  against the question, rebuttals to such arguments, and the names of

5-31  the persons, organizations or governmental entities that assisted in

5-32  writing such explanations, arguments or rebuttals, to each county

5-33  clerk within the designated territory on or before the third Monday

5-34  in July preceding the election.

5-35      (b) At a primary election, shall provide a copy of the question,

5-36  including an explanation of [and] the question, arguments for and

5-37  against the question, rebuttals to such arguments, and the names of

5-38  the persons, organizations or governmental entities that assisted in

5-39  writing such explanations, arguments or rebuttals, to each county

5-40  clerk within the designated territory on or before the third Monday

5-41  in May preceding the election.

5-42      (c) At any election other than a primary or general election at

5-43  which the county clerk gives notice of the election or otherwise

5-44  performs duties in connection therewith other than the registration

5-45  of electors and the making of records of registered voters available

6-1  for the election, shall provide a copy of the question, including an

6-2  explanation of [and] the question, arguments for and against the

6-3  question, rebuttals to such arguments, and the names of the

6-4  persons, organizations or governmental entities that assisted in

6-5  writing such explanations, arguments or rebuttals, to each county

6-6  clerk at least 60 days before the election.

6-7  (d) At any city election at which the city clerk gives notice of

6-8  the election or otherwise performs duties in connection therewith,

6-9  shall provide a copy of the question, including an explanation of

6-10  [and] the question, arguments for and against the question, rebuttals

6-11  to such arguments, and the names of the persons, organizations or

6-12  governmental entities that assisted in writing such explanations,

6-13  arguments or rebuttals, to the city clerk at least 60 days before the

6-14  election.

6-15      2.  A question may be submitted after the dates specified in

6-16  subsection 1 if the question is expressly privileged or required to be

6-17  submitted pursuant to the provisions of Article 19 of the

6-18  Constitution of the State of Nevada, or pursuant to the provisions of

6-19  chapter 295 of NRS or any other statute except NRS 293.482,

6-20  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

6-21  authorizes the governing body to issue bonds upon the approval of

6-22  the voters.

6-23      3.  A county or city clerk shall include in the sample ballot

6-24  provided to the registered voters of the county or city the questions,

6-25  explanations, arguments and rebuttals which are:

6-26      (a) Provided to the county or city clerk pursuant to this

6-27  section; and

6-28      (b) Immediately followed by the names of the persons,

6-29  organizations or governmental entities that assisted in writing

6-30  each question, explanation, argument or rebuttal.

6-31      4.  A county or city clerk may charge any political subdivision,

6-32  public or quasi-public corporation or other local agency which

6-33  submits a question a reasonable fee sufficient to pay for the

6-34  increased costs incurred in including the question, explanation ,

6-35  [and] arguments and rebuttals on the sample ballot.

6-36      Sec. 5.  NRS 293.482 is hereby amended to read as follows:

6-37      293.482  1.  The governing body of any county or city may, at

6-38  any general election or general city election, ask the advice of the

6-39  registered voters within its jurisdiction on any question which it has

6-40  under consideration by adopting a resolution which:

6-41      (a) Except as otherwise provided in NRS 295.121 and 295.217,

6-42  sets forth the advisory question, including an explanation of [and]

6-43  the question, arguments for and against the question, rebuttals to

6-44  such arguments, and the names of the persons, organizations or

7-1  governmental entities that assisted in writing such explanations,

7-2  arguments or rebuttals, to be submitted to the voters; and

7-3  (b) States that the result of the voting on the question does not

7-4  place any legal requirement on the governing body or any officer of

7-5  the political subdivision.

7-6  2.  A governing body may, at any general election, ask the

7-7  advice of the registered voters of part of its territory if:

7-8  (a) The advisory question to be submitted affects only that part

7-9  of its territory; and

7-10      (b) The resolution adopted pursuant to subsection 1 sets forth

7-11  the boundaries of the area in which the advice of the registered

7-12  voters will be asked.

7-13      Sec. 6.  NRS 293.565 is hereby amended to read as follows:

7-14      293.565  1.  Except as otherwise provided in subsection 2,

7-15  sample ballots must include:

7-16      (a) The fiscal note, as provided pursuant to NRS 218.443 or

7-17  293.250, for each proposed constitutional amendment or statewide

7-18  measure;

7-19      (b) An explanation, as provided pursuant to NRS 218.443[,] or

7-20  293.250, of each proposed constitutional amendment or statewide

7-21  measure[, including arguments] ;

7-22      (c) Arguments for and against [it; and

7-23      (c)] each proposed constitutional amendment or statewide

7-24  measure and rebuttals to each argument, as provided pursuant to

7-25  NRS 218.443 or section 1 of this act;

7-26      (d) Printed immediately following each such explanation,

7-27  argument and rebuttal:

7-28          (1) A statement clearly indicating that the explanation,

7-29  arguments and rebuttals were written by the Legislative Counsel

7-30  Bureau if the explanation, arguments and rebuttals were written

7-31  pursuant to NRS 218.443; or

7-32          (2) The names of each person, organization or

7-33  governmental entity that assisted in writing the explanation,

7-34  argument or rebuttal if the explanation, argument or rebuttal was

7-35  written pursuant to NRS 293.250 and section 1 of this act; and

7-36      (e) The full text of each proposed constitutional amendment.

7-37      2.  Sample ballots that are mailed to registered voters may be

7-38  printed without the full text of each proposed constitutional

7-39  amendment if:

7-40      (a) The cost of printing the sample ballots would be significantly

7-41  reduced if the full text of each proposed constitutional amendment

7-42  were not included;

7-43      (b) The county clerk ensures that a sample ballot that includes

7-44  the full text of each proposed constitutional amendment is provided

8-1  at no charge to each registered voter who requests such a sample

8-2  ballot; and

8-3  (c) The sample ballots provided to each polling place include the

8-4  full text of each proposed constitutional amendment.

8-5  3.  At least 10 days before any election, the county clerk shall

8-6  cause to be mailed to each registered voter in the county a sample

8-7  ballot for his precinct with a notice informing the voter of the

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

8-9  changed since the last election:

8-10      (a) The county clerk shall mail a notice of the change to each

8-11  registered voter in the county not sooner than 10 days before

8-12  mailing the sample ballots; or

8-13      (b) The sample ballot must also include a notice in bold type

8-14  immediately above the location which states:

 

8-15  NOTICE: THE LOCATION OF YOUR POLLING PLACE

8-16  HAS CHANGED SINCE THE LAST ELECTION

 

8-17      4.  Except as otherwise provided in subsection 5, a sample

8-18  ballot required to be mailed pursuant to this section must:

8-19      (a) Be printed in at least 12-point type; and

8-20      (b) Include on the front page, in a separate box created by bold

8-21  lines, a notice printed in at least 20-point bold type that states:

 

8-22  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

8-23  LARGE TYPE, CALL (Insert appropriate telephone number)

 

8-24      5.  A portion of a sample ballot that contains a facsimile of the

8-25  display area of a voting device may include material in less than 12-

8-26  point type to the extent necessary to make the facsimile fit on the

8-27  pages of the sample ballot.

8-28      6.  The sample ballot mailed to a person who requests a sample

8-29  ballot in large type by exercising the option provided pursuant to

8-30  NRS 293.508, or in any other manner, must be printed in at least 14-

8-31  point type, or larger when practicable.

8-32      7.  If a person requests a sample ballot in large type, the county

8-33  clerk shall ensure that all future sample ballots mailed to that person

8-34  from the county are in large type.

8-35      8.  The county clerk shall include in each sample ballot a

8-36  statement indicating that the county clerk will, upon request of a

8-37  voter who is elderly or disabled, make reasonable accommodations

8-38  to allow the voter to vote at his polling place and provide reasonable

8-39  assistance to the voter in casting his vote, including, without

8-40  limitation, providing appropriate materials to assist the voter.

9-1  9.  The cost of mailing sample ballots for any election other

9-2  than a primary or general election must be borne by the political

9-3  subdivision holding the election.

9-4  Sec. 7.  NRS 295.121 is hereby amended to read as follows:

9-5  295.121  1.  In a county whose population is 100,000 or more,

9-6  for each initiative, referendum or other question to be placed on the

9-7  ballot by the board or county clerk, including, without limitation,

9-8  pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in

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

9-10  two committees. Except as otherwise provided in subsection 2, one

9-11  committee must be composed of three persons who favor approval

9-12  by the voters of the initiative, referendum or other question and the

9-13  other committee must be composed of three persons who oppose

9-14  approval by the voters of the initiative, referendum or other

9-15  question.

9-16      2.  If, after consulting with the county clerk pursuant to

9-17  subsection 4, the board is unable to appoint three persons who are

9-18  willing to serve on a committee, the board may appoint fewer than

9-19  three persons to that committee, but the board must appoint at least

9-20  one person to each committee appointed pursuant to this section.

9-21      3.  With respect to a committee appointed pursuant to this

9-22  section:

9-23      (a) A person may not serve simultaneously on the committee

9-24  that favors approval by the voters of an initiative, referendum or

9-25  other question and the committee that opposes approval by the

9-26  voters of that initiative, referendum or other question.

9-27      (b) Members of the committee serve without compensation.

9-28      (c) The term of office for each member commences upon

9-29  appointment and expires upon the publication of the sample ballot

9-30  containing the initiative, referendum or other question.

9-31      4.  Before the board appoints a committee pursuant to this

9-32  section, the county clerk shall:

9-33      (a) Recommend to the board persons to be appointed to the

9-34  committee; and

9-35      (b) Consider recommending pursuant to paragraph (a):

9-36          (1) Any person who has expressed an interest in serving on

9-37  the committee; and

9-38          (2) A person who is a member of an organization that has

9-39  expressed an interest in having a member of the organization serve

9-40  on the committee.

9-41      5.  If the board of a county whose population is 100,000 or

9-42  more fails to appoint a committee as required pursuant to this

9-43  section, the county clerk shall appoint the committee.

9-44      6.  A committee appointed pursuant to this section:

9-45      (a) Shall elect a chairman for the committee;

10-1      (b) Shall meet and conduct its affairs as necessary to fulfill the

10-2  requirements of this section;

10-3      (c) May seek and consider comments from the general public;

10-4      (d) Shall, based on whether the members were appointed to

10-5  advocate or oppose approval by the voters of the initiative,

10-6  referendum or other question, prepare an argument either advocating

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

10-8  other question;

10-9      (e) Shall prepare a rebuttal to the argument prepared by the other

10-10  committee appointed pursuant to this section; and

10-11     (f) Shall submit the argument and rebuttal prepared pursuant to

10-12  paragraphs (d) and (e) , including the names described in

10-13  subsection 7, to the county clerk not later than the date prescribed

10-14  by the county clerk pursuant to subsection [7.] 8.

10-15     7.  The name of each person or organization who assisted in

10-16  writing an argument or rebuttal pursuant to this section must be

10-17  printed immediately following the argument or rebuttal.

10-18     8.  The county clerk of a county whose population is 100,000 or

10-19  more shall provide, by rule or regulation:

10-20     (a) The maximum permissible length of an argument or rebuttal

10-21  prepared pursuant to this section; and

10-22     (b) The date by which an argument or rebuttal prepared pursuant

10-23  to this section must be submitted by [the] a committee to the county

10-24  clerk.

10-25     [8.] 9.  Upon receipt of an argument or rebuttal prepared

10-26  pursuant to this section, the county clerk:

10-27     (a) May consult with persons who are generally recognized by a

10-28  national or statewide organization as having expertise in the field or

10-29  area to which the initiative, referendum or other question pertains;

10-30  and

10-31     (b) Shall reject each statement in the argument or rebuttal that he

10-32  believes is libelous or factually inaccurate.

10-33  Not later than 5 days after the county clerk rejects a statement

10-34  pursuant to this subsection, the committee that prepared the

10-35  statement may appeal that rejection to the district attorney. The

10-36  district attorney shall review the statement and the reasons for its

10-37  rejection and may receive evidence, documentary or testimonial, to

10-38  aid him in his decision. Not later than 3 business days after the

10-39  appeal by the committee, the district attorney shall issue his decision

10-40  rejecting or accepting the statement. The decision of the district

10-41  attorney is a final decision for the purposes of judicial review.

10-42     [9.] 10.  The county clerk shall place in the sample ballot

10-43  provided to the registered voters of the county each argument and

10-44  rebuttal prepared pursuant to this section[, containing] which

10-45  contain all statements that were not rejected pursuant to subsection

11-1  [8.] 9 and are immediately followed by the names of the persons or

11-2  organizations that assisted in writing each argument or rebuttal.

11-3  The county clerk may revise the language submitted by [the] a

11-4  committee pursuant to this section so that it is clear, concise and

11-5  suitable for incorporation in the sample ballot, but shall not alter the

11-6  meaning or effect of the language without the consent of the

11-7  committee.

11-8      [10.] 11.  In a county whose population is less than 100,000:

11-9      (a) The board may appoint committees pursuant to this section.

11-10     (b) If the board appoints committees pursuant to this section, the

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

11-12  subsection [7.] 8.

11-13     Sec. 8.  NRS 295.217 is hereby amended to read as follows:

11-14     295.217  1.  In a city whose population is 60,000 or more, for

11-15  each initiative, referendum or other question to be placed on the

11-16  ballot by the council, including, without limitation, pursuant to NRS

11-17  293.482 or 295.215, the council shall, in consultation with the city

11-18  clerk pursuant to subsection 4, appoint two committees. Except as

11-19  otherwise provided in subsection 2, one committee must be

11-20  composed of three persons who favor approval by the voters of the

11-21  initiative, referendum or other question and the other committee

11-22  must be composed of three persons who oppose approval by the

11-23  voters of the initiative, referendum or other question.

11-24     2.  If, after consulting with the city clerk , [pursuant to

11-25  subsection 4,] the council is unable to appoint three persons willing

11-26  to serve on a committee, the council may appoint fewer than three

11-27  persons to that committee, but the council must appoint at least one

11-28  person to each committee appointed pursuant to this section.

11-29     3.  With respect to a committee appointed pursuant to this

11-30  section:

11-31     (a) A person may not serve simultaneously on the committee

11-32  that favors approval by the voters of an initiative, referendum or

11-33  other question and the committee that opposes approval by the

11-34  voters of that initiative, referendum or other question.

11-35     (b) Members of the committee serve without compensation.

11-36     (c) The term of office for each member commences upon

11-37  appointment and expires upon the publication of the sample ballot

11-38  containing the initiative, referendum or other question.

11-39     4.  Before the council appoints a committee pursuant to this

11-40  section, the city clerk shall:

11-41     (a) Recommend to the council persons to be appointed to the

11-42  committee; and

11-43     (b) Consider recommending pursuant to paragraph (a):

11-44         (1) Any person who has expressed an interest in serving on

11-45  the committee; and

12-1          (2) A person who is a member of an organization that has

12-2  expressed an interest in having a member of the organization serve

12-3  on the committee.

12-4      5.  If the council of a city whose population is 60,000 or more

12-5  fails to appoint a committee as required pursuant to this section, the

12-6  city clerk shall appoint the committee.

12-7      6.  A committee appointed pursuant to this section:

12-8      (a) Shall elect a chairman for the committee;

12-9      (b) Shall meet and conduct its affairs as necessary to fulfill the

12-10  requirements of this section;

12-11     (c) May seek and consider comments from the general public;

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

12-13  advocate or oppose approval by the voters of the initiative,

12-14  referendum or other question, prepare an argument either advocating

12-15  or opposing approval by the voters of the initiative, referendum or

12-16  other question;

12-17     (e) Shall prepare a rebuttal to the argument prepared by the other

12-18  committee appointed pursuant to this section; and

12-19     (f) Shall submit the argument and rebuttal prepared pursuant to

12-20  paragraphs (d) and (e) , including the names described in

12-21  subsection 7, to the city clerk not later than the date prescribed by

12-22  the city clerk pursuant to subsection [7.] 8.

12-23     7.  The name of each person or organization who assisted in

12-24  writing an argument or rebuttal pursuant to this section must be

12-25  printed immediately following the argument or rebuttal.

12-26     8.  The city clerk of a city whose population is 60,000 or more

12-27  shall provide, by rule or regulation:

12-28     (a) The maximum permissible length of an argument or rebuttal

12-29  prepared pursuant to this section; and

12-30     (b) The date by which an argument or rebuttal prepared pursuant

12-31  to this section must be submitted by [the] a committee to the city

12-32  clerk.

12-33     [8.] 9.  Upon receipt of an argument or rebuttal prepared

12-34  pursuant to this section, the city clerk:

12-35     (a) May consult with persons who are generally recognized by a

12-36  national or statewide organization as having expertise in the field or

12-37  area to which the initiative, referendum or other question pertains;

12-38  and

12-39     (b) Shall reject each statement in the argument or rebuttal that he

12-40  believes is libelous or factually inaccurate.

12-41  Not later than 5 days after the city clerk rejects a statement pursuant

12-42  to this subsection, the committee that prepared the statement may

12-43  appeal that rejection to the city attorney. The city attorney shall

12-44  review the statement and the reasons for its rejection and may

12-45  receive evidence, documentary or testimonial, to aid him in his

13-1  decision. Not later than 3 business days after the appeal by the

13-2  committee, the city attorney shall issue his decision rejecting or

13-3  accepting the statement. The decision of the city attorney is a final

13-4  decision for the purposes of judicial review.

13-5      [9.] 10.  The city clerk shall place in the sample ballot provided

13-6  to the registered voters of the city each argument and rebuttal

13-7  prepared pursuant to this section[, containing] which contain all

13-8  statements that were not rejected pursuant to subsection [8.] 9 and

13-9  are immediately followed by the names of the persons or

13-10  organizations that assisted in writing each argument or rebuttal.

13-11  The city clerk may revise the language submitted by [the] a

13-12  committee pursuant to this section so that it is clear, concise and

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

13-14  meaning or effect of the language without the consent of the

13-15  committee.

13-16     [10.] 11.  In a city whose population is less than 60,000:

13-17     (a) The council may appoint committees pursuant to this section.

13-18     (b) If the council appoints committees pursuant to this section,

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

13-20  subsection [7.] 8.

13-21     Sec. 9.  NRS 218.443 is hereby amended to read as follows:

13-22     218.443  1.  As used in this section, “first committee of

13-23  reference” means the committee to which a bill or joint resolution

13-24  was first referred in the house of the Legislature into which it was

13-25  introduced.

13-26     2.  Upon request from the first committee of reference, the

13-27  Legal, Research and Fiscal Analysis Divisions of the Legislative

13-28  Counsel Bureau shall prepare, for any proposed constitutional

13-29  amendment or statewide measure which, if approved by the

13-30  Legislature, would be submitted to a vote of the people:

13-31     (a) A condensation of the proposal into a question to be placed

13-32  on the ballot;

13-33     (b) An explanation of the proposal ; [, including arguments for

13-34  and against it; and]

13-35     (c) Arguments for and against the proposal and rebuttals to

13-36  each argument; and

13-37     (d) A fiscal note for the proposal, including an explanation of

13-38  any anticipated financial effects on state and local governments.

13-39     3.  The condensation, explanation , arguments, rebuttals and

13-40  fiscal note must [be] :

13-41     (a) Be of reasonable length and written in easily understood

13-42  language.

13-43     (b) Clearly indicate that they were written by the Legislative

13-44  Counsel Bureau.

14-1      4.  After the bill or joint resolution has been approved by both

14-2  houses of the Legislature, the first committee of reference shall

14-3  request the preparation of the condensation, explanation ,

14-4  arguments, rebuttals and fiscal note, if it has not already done so,

14-5  and shall review the draft and approve such changes as it deems

14-6  necessary.

14-7      5.  The first committee of reference shall submit the

14-8  condensation, explanation , arguments, rebuttals and fiscal note, in

14-9  the form of a simple resolution, to the members of the house in

14-10  which the proposed constitutional amendment or statewide measure

14-11  was introduced. After that resolution is approved, it must be entered

14-12  in the journal in its entirety and the enrolled resolution delivered to

14-13  the Secretary of State to accompany the bill or joint resolution to

14-14  which it relates.

14-15     6.  If the Legislature adjourns before the procedures set forth in

14-16  subsections 4 and 5 have been completed, the Legislative

14-17  Commission shall review, revise and approve the condensation,

14-18  explanation , arguments, rebuttals and fiscal note for delivery to the

14-19  Secretary of State on or before July 1 of the year in which the

14-20  general election is to be held.

14-21     7.  In the case of a joint resolution which proposes a

14-22  constitutional amendment, the condensation, explanation ,

14-23  arguments, rebuttals and fiscal note must be treated in the same

14-24  manner when the proposal is before the Legislature for its second

14-25  approval as when the proposal was first approved.

14-26     8.  The Legislative Counsel Bureau shall distribute copies of the

14-27  condensations, explanations , arguments, rebuttals and fiscal notes ,

14-28  including a statement clearly indicating that the materials were

14-29  prepared by the Legislative Counsel Bureau, to members of the

14-30  Legislature, public libraries, newspapers and broadcasters.

14-31     Sec. 10.  Section 5.060 of the Charter of the City of Caliente,

14-32  being chapter 31, Statutes of Nevada 1971, as amended by chapter

14-33  669, Statutes of Nevada 1971, at page 2050, is hereby amended to

14-34  read as follows:

14-35     Sec. 5.060  Ballots for ordinances and charter

14-36  amendments.  An ordinance or charter amendment to be

14-37  voted on in the city shall be presented for voting by ballot

14-38  title. The ballot title of a measure may differ from its legal

14-39  title and shall be a clear, concise [statement describing]

14-40  explanation of the substance of the measure . [without

14-41  argument or prejudice.] Below the ballot title , and

14-42  arguments and rebuttals required by law, shall appear the

14-43  following question: “Shall the above described (ordinance)

14-44  (amendment) be adopted?” The ballot or voting machine or

14-45  device shall be so marked as to indicate clearly in what

15-1  manner the voter may cast his vote, either for or against the

15-2  ordinance or amendment.

15-3      Sec. 11.  Section 5.050 of the Charter of the City of Carlin,

15-4  being chapter 344, Statutes of Nevada 1971, as amended by chapter

15-5  669, Statutes of Nevada 1971, at page 2051, is hereby amended to

15-6  read as follows:

15-7      Sec. 5.050  Ballots for ordinances and charter

15-8  amendments.  An ordinance or charter amendment to be

15-9  voted on in the city shall be presented for voting by ballot

15-10  title. The ballot title of a measure may differ from its legal

15-11  title and shall be a clear, concise [statement describing]

15-12  explanation of the substance of the measure . [without

15-13  argument or prejudice.] Below the ballot title , and

15-14  arguments and rebuttals required by law, shall appear the

15-15  following question: “Shall the above described (ordinance)

15-16  (amendment) be adopted?” The ballot or voting machine or

15-17  device shall be so marked as to indicate clearly in what

15-18  manner the voter may cast his vote, either for or against the

15-19  ordinance or amendment.

15-20     Sec. 12.  Section 5.060 of the Charter of Carson City, being

15-21  chapter 213, Statutes of Nevada 1969, at page 305, is hereby

15-22  amended to read as follows:

15-23     Sec. 5.060  Ballots for ordinances and charter

15-24  amendments.  An ordinance or charter amendment to be

15-25  voted on in Carson City shall be presented for voting by

15-26  ballot title. The ballot title of a measure may differ from its

15-27  legal title and shall be a clear, concise [statement describing]

15-28  explanation of the substance of the measure . [without

15-29  argument or prejudice.] Below the ballot title , and

15-30  arguments and rebuttals required by law, shall appear the

15-31  following question: “Shall the above-described (ordinance)

15-32  (amendment) be adopted?” The ballot or voting machine or

15-33  device shall be so marked as to indicate clearly in what

15-34  manner the voter may cast his vote either for or against the

15-35  ordinance or amendment.

15-36     Sec. 13.  Section 5.050 of the Charter of the City of Elko,

15-37  being chapter 276, Statutes of Nevada 1971, as amended by chapter

15-38  669, Statutes of Nevada 1971, at page 2052, is hereby amended to

15-39  read as follows:

15-40     Sec. 5.050  Ballots for ordinances and charter

15-41  amendments.  An ordinance or charter amendment to be

15-42  voted on in the city shall be presented for voting by ballot

15-43  title. The ballot title of a measure may differ from its legal

15-44  title and shall be a clear, concise [statement describing]

15-45  explanation of the substance of the measure . [without

16-1  argument or prejudice.] Below the ballot title , and

16-2  arguments and rebuttals required by law, shall appear the

16-3  following question: “Shall the above described (ordinance)

16-4  (amendment) be adopted?” The ballot or voting machine or

16-5  device shall be so marked as to indicate clearly in what

16-6  manner the voter may cast his vote, either for or against the

16-7  ordinance or amendment.

16-8      Sec. 14.  Section 5.060 of the Charter of the City of Henderson,

16-9  being chapter 266, Statutes of Nevada 1971, as amended by chapter

16-10  669, Statutes of Nevada 1971, at page 2053, is hereby amended to

16-11  read as follows:

16-12     Sec. 5.060  Ballots for ordinances and charter

16-13  amendments.  An ordinance or charter amendment to be

16-14  voted on in the city shall be presented for voting by ballot

16-15  title. The ballot title of a measure may differ from its legal

16-16  title and shall be a clear, concise [statement describing]

16-17  explanation of the substance of the measure . [without

16-18  argument or prejudice.] Below the ballot title , and

16-19  arguments and rebuttals required by law, shall appear the

16-20  following question: “Shall the above described (ordinance)

16-21  (amendment) be adopted?” The ballot or voting machine or

16-22  device shall be so marked as to indicate clearly in what

16-23  manner the voter may cast his vote, either for or against the

16-24  ordinance or amendment.

16-25     Sec. 15.  Section 5.060 of the Charter of the City of Las Vegas,

16-26  being chapter 517, Statutes of Nevada 1983, at page 1415, is hereby

16-27  amended to read as follows:

16-28     Sec. 5.060  Ballots for ordinances and charter

16-29  amendments.  An ordinance or charter amendment which is

16-30  to be voted on in the city must be presented for voting by

16-31  ballot title. The ballot title of a measure may differ from its

16-32  legal title, but must be a clear and concise [statement which

16-33  describes] explanation of the substance of the measure .

16-34  [without argument or prejudice.] Below the ballot title , and

16-35  arguments and rebuttals required by law, must appear the

16-36  following question: “Shall the above described (ordinance)

16-37  (charter amendment) be adopted?” The ballot, voting machine

16-38  or voting device must be marked in such a way as to indicate

16-39  clearly in what manner the voter may cast his vote, either for

16-40  or against the ordinance or charter amendment.

 

 

 

 

17-1      Sec. 16.  Section 5.060 of the Charter of the City of North Las

17-2  Vegas, being chapter 573, Statutes of Nevada 1971, as amended by

17-3  chapter 669, Statutes of Nevada 1971, at page 2054, is hereby

17-4  amended to read as follows:

17-5      Sec. 5.060  Ballots for ordinances and charter

17-6  amendments.  An ordinance or charter amendment to be

17-7  voted on in the city shall be presented for voting by ballot

17-8  title. The ballot title of a measure may differ from its legal

17-9  title and shall be a clear, concise [statement describing]

17-10  explanation of the substance of the measure . [without

17-11  argument or prejudice.] Below the ballot title , and

17-12  arguments and rebuttals required by law, shall appear the

17-13  following question: “Shall the above described (ordinance)

17-14  (amendment) be adopted?” The ballot or voting machine or

17-15  device shall be so marked as to indicate clearly in what

17-16  manner the voter may cast his vote, either for or against the

17-17  ordinance or amendment.

17-18     Sec. 17.  Section 5.060 of the Charter of the City of Reno,

17-19  being chapter 662, Statutes of Nevada 1971, as amended by chapter

17-20  669, Statutes of Nevada 1971, at page 2055, is hereby amended to

17-21  read as follows:

17-22     Sec. 5.060  Ballots for ordinances and charter

17-23  amendments.  An ordinance or charter amendment to be

17-24  voted on in the city shall be presented for voting by ballot

17-25  title. The ballot title of a measure may differ from its legal

17-26  title and shall be a clear, concise [statement describing]

17-27  explanation of the substance of the measure . [without

17-28  argument or prejudice.] Below the ballot title , and

17-29  arguments and rebuttals required by law, shall appear the

17-30  following question: “Shall the above described (ordinance)

17-31  (amendment) be adopted?” The ballot or voting machine or

17-32  device shall be so marked as to indicate clearly in what

17-33  manner the voter may cast his vote, either for or against the

17-34  ordinance or amendment.

17-35     Sec. 18.  Section 5.060 of the Charter of the City of Sparks,

17-36  being chapter 470, Statutes of Nevada 1975, at page 737, is hereby

17-37  amended to read as follows:

17-38     Sec. 5.060  Ballots for ordinances and charter

17-39  amendments.  An ordinance or charter amendment to be

17-40  voted on in the city shall be presented for voting by ballot

17-41  title. The ballot title of a measure may differ from its legal

17-42  title and shall be a clear, concise [statement describing]

17-43  explanation of the substance of the measure . [without

17-44  argument or prejudice.] Below the ballot title , and

17-45  arguments and rebuttals required by law, shall appear the

18-1  following question: “Shall the above described (ordinance)

18-2  (amendment) be adopted?” The ballot or voting machine or

18-3  device shall be so marked as to indicate clearly in what

18-4  manner the voter may cast his vote, either for or against the

18-5  ordinance or amendment.

18-6      Sec. 19.  Section 5.050 of the Charter of the City of Wells,

18-7  being chapter 275, Statutes of Nevada 1971, as amended by chapter

18-8  669, Statutes of Nevada 1971, at page 2056, is hereby amended to

18-9  read as follows:

18-10     Sec. 5.050  Ballots for ordinances and charter

18-11  amendments.  An ordinance or charter amendment to be

18-12  voted on in the city shall be presented for voting by ballot

18-13  title. The ballot title of a measure may differ from its legal

18-14  title and shall be a clear, concise [statement describing]

18-15  explanation of the substance of the measure . [without

18-16  argument or prejudice.] Below the ballot title , and

18-17  arguments and rebuttals required by law, shall appear the

18-18  following question: “Shall the above described (ordinance)

18-19  (amendment) be adopted?” The ballot or voting machine or

18-20  device shall be so marked as to indicate clearly in what

18-21  manner the voter may cast his vote, either for or against the

18-22  ordinance or amendment.

18-23     Sec. 20.  Section 5.050 of the Charter of the City of Yerington,

18-24  being chapter 465, Statutes of Nevada 1971, as amended by chapter

18-25  669, Statutes of Nevada 1971, at page 2057, is hereby amended to

18-26  read as follows:

18-27     Sec. 5.050  Ballots for ordinances and charter

18-28  amendments.  An ordinance or charter amendment to be

18-29  voted on in the city shall be presented for voting by ballot

18-30  title. The ballot title of a measure may differ from its legal

18-31  title and shall be a clear, concise [statement describing]

18-32  explanation of the substance of the measure . [without

18-33  argument or prejudice.] Below the ballot title , and

18-34  arguments and rebuttals required by law, shall appear the

18-35  following question: “Shall the above described (ordinance)

18-36  (amendment) be adopted?” The ballot or voting machine or

18-37  device shall be so marked as to indicate clearly in what

18-38  manner the voter may cast his vote, either for or against the

18-39  ordinance or amendment.

 

18-40  H