Senate Bill No. 449–Committee on Government Affairs
CHAPTER..........
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.
1-8 3. Governor, Lieutenant Governor, Secretary of State,
1-9 Treasurer, Controller and Attorney General, in that sequence.
1-10 4. State senators and assemblymen.
1-11 5. County and township partisan offices.
1-12 6. Statewide nonpartisan offices.
1-13 7. District nonpartisan offices.
1-14 8. County nonpartisan offices.
1-15 9. City offices:
1-16 (a) Mayor;
1-17 (b) Councilmen according to ward in numerical order, if no
1-18 wards, in alphabetical order; and
1-19 (c) Municipal judges.
1-20 10. Township nonpartisan offices.
1-21 11. Questions presented to the voters of the State[.] with
1-22 advisory questions listed in consecutive order after any other
1-23 questions presented to the voters of the State.
1-24 12. Questions presented only to the voters of a special district
1-25 or political subdivision of the State[.] with advisory questions listed
2-1 in consecutive order after any other questions presented only to
2-2 the voters of a special district or political subdivision of the State.
2-3 Sec. 2. NRS 293.481 is hereby amended to read as follows:
2-4 293.481 1. Except as otherwise provided in subsection 2 or
2-5 NRS 295.121 or 295.217, every governing body of a political
2-6 subdivision, public or quasi-public corporation, or other local
2-7 agency authorized by law to submit questions to the qualified
2-8 electors or registered voters of a designated territory, when the
2-9 governing body decides to submit a question:
2-10 (a) At a general election, shall provide [a copy of the question,
2-11 including an explanation of and arguments for and against the
2-12 question,] to each countyGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). clerk within the designated territory on or
2-13 before the third Monday in July preceding the election [.] :
2-14 (1) A copy of the question, including an explanation of the
2-15 question;
2-16 (2) Arguments for and against the question; and
2-17 (3) If the question is an advisory question that proposes a
2-18 bond, tax, fee or expense, a fiscal note prepared by the governing
2-19 body in accordance with subsection 4 of NRS 293.482.
2-20 (b) At a primary election, shall provide [a copy of the question,
2-21 including an explanation of and arguments for and against the
2-22 question,] to each county clerk within the designated territory on or
2-23 before the third Monday in May preceding the election [.] :
2-24 (1) A copy of the question, including an explanation of the
2-25 question;
2-26 (2) Arguments for and against the question; and
2-27 (3) If the question is an advisory question that proposes a
2-28 bond, tax, fee or expense, a fiscal note prepared by the governing
2-29 body in accordance with subsection 4 of NRS 293.482.
2-30 (c) At any election other than a primary or general election at
2-31 which the county clerk gives notice of the election or otherwise
2-32 performs duties in connection therewith other than the registration
2-33 of electors and the making of records of registered voters available
2-34 for the election, shall provide [a copy of the question, including an
2-35 explanation of and arguments for and against the question,] to each
2-36 county clerk at least 60 days before the election [.] :
2-37 (1) A copy of the question, including an explanation of the
2-38 question;
2-39 (2) Arguments for and against the question; and
2-40 (3) If the question is an advisory question that proposes a
2-41 bond, tax, fee or expense, a fiscal note prepared by the governing
2-42 body in accordance with subsection 4 of NRS 293.482.
2-43 (d) At any city election at which the city clerk gives notice of
2-44 the election or otherwise performs duties in connection therewith,
2-45 shall provide [a copy of the question, including an explanation of
3-1 and arguments for and against the question,] to the city clerk at least
3-2 60 days before the election [.] :
3-3 (1) A copy of the question, including an explanation of the
3-4 question;
3-5 (2) Arguments for and against the question; and
3-6 (3) If the question is an advisory question that proposes a
3-7 bond, tax, fee or expense, a fiscal note prepared by the governing
3-8 body in accordance with subsection 4 of NRS 293.482.
3-9 2. A question may be submitted after the dates specified in
3-10 subsection 1 if the question is expressly privileged or required to be
3-11 submitted pursuant to the provisions of Article 19 of the
3-12 Constitution of the State of Nevada, or pursuant to the provisions of
3-13 chapter 295 of NRS or any other statute except NRS 293.482,
3-14 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that
3-15 authorizes the governing body to issue bonds upon the approval of
3-16 the voters.
3-17 3. A county or city clerk may charge any political subdivision,
3-18 public or quasi-public corporation or other local agency which
3-19 submits a question a reasonable fee sufficient to pay for the
3-20 increased costs incurred in including the question, explanation ,
3-21 [and] arguments and fiscal note on the ballot.
3-22 Sec. 3. NRS 293.482 is hereby amended to read as follows:
3-23 293.482 1. The governing body of [any] a county or city
3-24 may, at any general election or general city election, ask the advice
3-25 of the registered voters within its jurisdiction on any question which
3-26 it has under consideration . [by adopting] No other political
3-27 subdivision, public or quasi-public corporation or other local
3-28 agency may ask the advice of the registered voters within its
3-29 jurisdiction on any question which it has under consideration.
3-30 2. To place an advisory question on the ballot at a general
3-31 election or general city election, the governing body of a county or
3-32 city must:
3-33 (a) Adopt a resolution [which:
3-34 (a) Except as otherwise provided in NRS 295.121 and 295.217,
3-35 sets forth the advisory question, including an] that:
3-36 (1) Sets forth:
3-37 (I) The question, in language indicating clearly that the
3-38 question is advisory only;
3-39 (II) An explanation of [and arguments] the question;
3-40 (III) Except as otherwise provided in NRS 295.121 and
3-41 295.217, arguments for and against the question [, to be submitted
3-42 to the voters; and
3-43 (b)]; and
3-44 (IV) If the question is an advisory question that
3-45 proposes a bond, tax, fee or expense, a fiscal note prepared by the
3-46 governing body in accordance with subsection 4; and
4-1 (2) States that the result of the voting on the question does
4-2 not place any legal requirement on the governing body , any
4-3 member of the governing body or any officer of the political
4-4 subdivision [.
4-5 2.]; and
4-6 (b) Comply with the requirements of paragraph (a) or (d) of
4-7 subsection 1 of NRS 293.481.
4-8 3. A governing body may, at any general election, ask the
4-9 advice of the registered voters of part of its territory if:
4-10 (a) The advisory question to be submitted affects only that part
4-11 of its territory; and
4-12 (b) The resolution adopted pursuant to subsection [1] 2 sets forth
4-13 the boundaries of the area in which the advice of the registered
4-14 voters will be asked.
4-15 4. With respect to a fiscal note that is required in connection
4-16 with an advisory question:
4-17 (a) If, in the advisory question, the governing body seeks
4-18 advice on whether bonds should be issued, the fiscal note must
4-19 include any information that is required by law to be included on
4-20 the sample ballot pursuant to the provisions of law that govern the
4-21 procedure for issuance of the applicable type of bond.
4-22 (b) If, in the advisory question, the governing body seeks
4-23 advice on whether a limitation upon revenue from taxes ad
4-24 valorem should be exceeded, the fiscal note must include any
4-25 information that is required by law to be included on the sample
4-26 ballot pursuant to the provisions of law that govern the procedure
4-27 for exceeding that limitation.
4-28 (c) If, in the advisory question, the governing body seeks
4-29 advice on whether a tax other than a property tax described in
4-30 paragraph (b) should be levied, the fiscal note must:
4-31 (1) Identify the average annual cost that is expected to be
4-32 incurred by the affected taxpayers if the tax were to be levied;
4-33 (2) Specify the period over which the tax is proposed to be
4-34 levied;
4-35 (3) Disclose whether, in connection with the levy of the tax,
4-36 revenue bonds are to be sold which will be backed by the full faith
4-37 and credit of the assessed value of the applicable local
4-38 government; and
4-39 (4) If applicable, specify whether, in connection with or
4-40 following the levy of the tax, additional expenses are expected to
4-41 be incurred to pay for the operation or maintenance of any
4-42 program or service to be provided from the proceeds of the tax or
4-43 to pay for the operation or maintenance of any building,
4-44 equipment, facility, machinery, property, structure, vehicle or
4-45 other thing of value to be purchased, improved or repaired with
4-46 the proceeds of the tax.
5-1 (d) If, in the advisory question, the governing body seeks
5-2 advice on whether a fee should be imposed, the fiscal note must:
5-3 (1) Identify the average annual cost that is expected to be
5-4 incurred by the affected users if the fee were to be imposed;
5-5 (2) Specify the period over which the fee is proposed to be
5-6 imposed; and
5-7 (3) If applicable, specify whether, in connection with or
5-8 following the imposition of the fee, additional expenses are
5-9 expected to be incurred to pay for the program or service to be
5-10 provided from the proceeds of the fee or to pay for the operation or
5-11 maintenance of any building, equipment, facility, machinery,
5-12 property, structure, vehicle or other thing of value to be
5-13 purchased, improved or repaired with the proceeds of the fee.
5-14 (e) If, in the advisory question, the governing body seeks
5-15 advice on whether the applicable local government should incur
5-16 an expense, the fiscal note must:
5-17 (1) Identify the source of revenue that will be used to pay
5-18 the expense;
5-19 (2) Disclose whether it is expected that the incurring of the
5-20 expense will require the levy or imposition of a new tax or fee or
5-21 the increase of an existing tax or fee; and
5-22 (3) If a tax or fee is proposed to be levied or imposed or
5-23 increased to pay the expense, contain the information required
5-24 pursuant to paragraph (c) or (d), as applicable.
5-25 5. On the sample ballot for the general election or general
5-26 city election, each advisory question must appear:
5-27 (a) With a title in substantially the following form: “Advisory
5-28 Ballot Question No. ....”; and
5-29 (b) With its explanation, arguments and, if required, fiscal
5-30 note.
5-31 6. The Committee on Local Government Finance shall
5-32 prepare sample advisory ballot questions to demonstrate, for each
5-33 situation enumerated in paragraphs (a) to (e), inclusive, of
5-34 subsection 4, examples of the manner in which fiscal notes should
5-35 be prepared.
5-36 Sec. 4. NRS 293.565 is hereby amended to read as follows:
5-37 293.565 1. Except as otherwise provided in subsection 2,
5-38 sample ballots must include:
5-39 (a) The fiscal note, as provided pursuant to NRS 218.443 , [or]
5-40 293.250, 293.481 or 293.482, for each proposed constitutional
5-41 amendment [or statewide measure;] , statewide measure, measure
5-42 to be voted upon only by a special district or political subdivision
5-43 and advisory question;
5-44 (b) An explanation, as provided pursuant to NRS 218.443,
5-45 293.250, 293.481, 293.482 or 295.121, of each proposed
5-46 constitutional amendment [or statewide measure,] , statewide
6-1 measure, measure to be voted upon only by a special district or
6-2 political subdivision and advisory question, including arguments
6-3 for and against it; and
6-4 (c) The full text of each proposed constitutional amendment.
6-5 2. Sample ballots that are mailed to registered voters may be
6-6 printed without the full text of each proposed constitutional
6-7 amendment if:
6-8 (a) The cost of printing the sample ballots would be significantly
6-9 reduced if the full text of each proposed constitutional amendment
6-10 were not included;
6-11 (b) The county clerk ensures that a sample ballot that includes
6-12 the full text of each proposed constitutional amendment is provided
6-13 at no charge to each registered voter who requests such a sample
6-14 ballot; and
6-15 (c) The sample ballots provided to each polling place include the
6-16 full text of each proposed constitutional amendment.
6-17 3. At least 10 days before any election, the county clerk shall
6-18 cause to be mailed to each registered voter in the county a sample
6-19 ballot for his precinct with a notice informing the voter of the
6-20 location of his polling place. If the location of the polling place has
6-21 changed since the last election:
6-22 (a) The county clerk shall mail a notice of the change to each
6-23 registered voter in the county not sooner than 10 days before
6-24 mailing the sample ballots; or
6-25 (b) The sample ballot must also include a notice in bold type
6-26 immediately above the location which states:
6-27 NOTICE: THE LOCATION OF YOUR POLLING PLACE
6-28 HAS CHANGED SINCE THE LAST ELECTION
6-29 4. Except as otherwise provided in subsection 5, a sample
6-30 ballot required to be mailed pursuant to this section must:
6-31 (a) Be printed in at least 12-point type; and
6-32 (b) Include on the front page, in a separate box created by bold
6-33 lines, a notice printed in at least 20-point bold type that states:
6-34 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
6-35 LARGE TYPE, CALL (Insert appropriate telephone number)
6-36 5. A portion of a sample ballot that contains a facsimile of the
6-37 display area of a voting device may include material in less than
6-38 12-point type to the extent necessary to make the facsimile fit on the
6-39 pages of the sample ballot.
6-40 6. The sample ballot mailed to a person who requests a sample
6-41 ballot in large type by exercising the option provided pursuant to
7-1 NRS 293.508, or in any other manner, must be printed in at least
7-2 14-point type, or larger when practicable.
7-3 7. If a person requests a sample ballot in large type, the county
7-4 clerk shall ensure that all future sample ballots mailed to that person
7-5 from the county are in large type.
7-6 8. The county clerk shall include in each sample ballot a
7-7 statement indicating that the county clerk will, upon request of a
7-8 voter who is elderly or disabled, make reasonable accommodations
7-9 to allow the voter to vote at his polling place and provide reasonable
7-10 assistance to the voter in casting his vote, including, without
7-11 limitation, providing appropriate materials to assist the voter.
7-12 9. The cost of mailing sample ballots for any election other
7-13 than a primary or general election must be borne by the political
7-14 subdivision holding the election.
7-15 Sec. 5. NRS 293C.262 is hereby amended to read as follows:
7-16 293C.262 1. The offices for which there are candidates, the
7-17 names of the candidates therefor and the questions to be voted upon
7-18 must be printed on ballots for a city election in the following order:
7-19 (a) City offices:
7-20 (1) Mayor;
7-21 (2) Councilmen according to ward in numerical order, if no
7-22 wards, in alphabetical order; and
7-23 (3) Municipal judges.
7-24 (b) Questions presented to the voters of a city or a portion of a
7-25 city[.] with advisory questions listed in consecutive order after any
7-26 other questions presented to the voters of the city.
7-27 2. The city clerk:
7-28 (a) May divide paper ballots into two sheets in a manner that
7-29 provides a clear understanding and grouping of all measures and
7-30 candidates.
7-31 (b) Shall prescribe the color or colors of the ballots and voting
7-32 receipts used in any election which the clerk is required to conduct.
7-33 Sec. 6. NRS 293C.530 is hereby amended to read as follows:
7-34 293C.530 1. At least 10 days before an election, the city
7-35 clerk shall cause to be mailed to each registered voter in the city a
7-36 sample ballot for his precinct with a notice informing the voter of
7-37 the location of his polling place. If the location of the polling place
7-38 has changed since the last election:
7-39 (a) The city clerk shall mail a notice of the change to each
7-40 registered voter in the city not sooner than 10 days before mailing
7-41 the sample ballots; or
7-42 (b) The sample ballot must also include a notice in bold type
7-43 immediately above the location which states:
7-44 NOTICE: THE LOCATION OF YOUR POLLING PLACE
7-45 HAS CHANGED SINCE THE LAST ELECTION
8-1 2. Except as otherwise provided in subsection 3, a sample
8-2 ballot required to be mailed pursuant to this section must:
8-3 (a) Be printed in at least 12-point type; [and]
8-4 (b) Include the fiscal note and explanation, as required
8-5 pursuant to NRS 293.481 or 293.482, of each citywide measure
8-6 and advisory question, including arguments for and against it;
8-7 and
8-8 (c) Include on the front page, in a separate box created by bold
8-9 lines, a notice printed in at least 20-point bold type that states:
8-10 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
8-11 LARGE TYPE, CALL (Insert appropriate telephone number)
8-12 3. A portion of a sample ballot that contains a facsimile of the
8-13 display area of a voting device may include material in less than
8-14 12-point type to the extent necessary to make the facsimile fit on the
8-15 pages of the sample ballot.
8-16 4. The sample ballot mailed to a person who requests a sample
8-17 ballot in large type by exercising the option provided pursuant to
8-18 NRS 293.508, or in any other manner, must be printed in at least
8-19 14-point type, or larger when practicable.
8-20 5. If a person requests a sample ballot in large type, the city
8-21 clerk shall ensure that all future sample ballots mailed to that person
8-22 from the city are in large type.
8-23 6. The city clerk shall include in each sample ballot a statement
8-24 indicating that the city clerk will, upon request of a voter who is
8-25 elderly or disabled, make reasonable accommodations to allow the
8-26 voter to vote at his polling place and provide reasonable assistance
8-27 to the voter in casting his vote, including, without limitation,
8-28 providing appropriate materials to assist the voter.
8-29 7. The cost of mailing sample ballots for a city election must
8-30 be borne by the city holding the election.
8-31 Sec. 7. NRS 295.121 is hereby amended to read as follows:
8-32 295.121 1. In a county whose population is [100,000] 40,000
8-33 or more, for each initiative, referendum or other question to be
8-34 placed on the ballot by the board or county clerk, including, without
8-35 limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board
8-36 shall, in consultation with the county clerk pursuant to subsection 4,
8-37 appoint two committees. Except as otherwise provided in subsection
8-38 2, one committee must be composed of three persons who favor
8-39 approval by the voters of the initiative, referendum or other question
8-40 and the other committee must be composed of three persons who
8-41 oppose approval by the voters of the initiative, referendum or other
8-42 question.
8-43 2. If, after consulting with the county clerk pursuant to
8-44 subsection 4, the board is unable to appoint three persons who are
9-1 willing to serve on a committee, the board may appoint fewer than
9-2 three persons to that committee, but the board must appoint at least
9-3 one person to each committee appointed pursuant to this section.
9-4 3. With respect to a committee appointed pursuant to this
9-5 section:
9-6 (a) A person may not serve simultaneously on the committee
9-7 that favors approval by the voters of an initiative, referendum or
9-8 other question and the committee that opposes approval by the
9-9 voters of that initiative, referendum or other question.
9-10 (b) Members of the committee serve without compensation.
9-11 (c) The term of office for each member commences upon
9-12 appointment and expires upon the publication of the sample ballot
9-13 containing the initiative, referendum or other question.
9-14 4. Before the board appoints a committee pursuant to this
9-15 section, the county clerk shall:
9-16 (a) Recommend to the board persons to be appointed to the
9-17 committee; and
9-18 (b) Consider recommending pursuant to paragraph (a):
9-19 (1) Any person who has expressed an interest in serving on
9-20 the committee; and
9-21 (2) A person who is a member of an organization that has
9-22 expressed an interest in having a member of the organization serve
9-23 on the committee.
9-24 5. If the board of a county whose population is [100,000]
9-25 40,000 or more fails to appoint a committee as required pursuant to
9-26 this section, the county clerk shall appoint the committee.
9-27 6. A committee appointed pursuant to this section:
9-28 (a) Shall elect a chairman for the committee;
9-29 (b) Shall meet and conduct its affairs as necessary to fulfill the
9-30 requirements of this section;
9-31 (c) May seek and consider comments from the general public;
9-32 (d) Shall[, based on whether the members were appointed to
9-33 advocate or oppose approval by the voters of the initiative,
9-34 referendum or other question,] prepare an argument either
9-35 advocating or opposing approval by the voters of the initiative,
9-36 referendum or other question[;] , based on whether the members
9-37 were appointed to advocate or oppose approval by the voters of the
9-38 initiative, referendum or other question;
9-39 (e) Shall prepare a rebuttal to the argument prepared by the other
9-40 committee appointed pursuant to this section; and
9-41 (f) Shall submit the argument and rebuttal prepared pursuant to
9-42 paragraphs (d) and (e) to the county clerk not later than the date
9-43 prescribed by the county clerk pursuant to subsection 7.
9-44 7. The county clerk of a county whose population is [100,000]
9-45 40,000 or more shall provide, by rule or regulation:
10-1 (a) The maximum permissible length of an argument or rebuttal
10-2 prepared pursuant to this section; and
10-3 (b) The date by which an argument or rebuttal prepared pursuant
10-4 to this section must be submitted by the committee to the county
10-5 clerk.
10-6 8. Upon receipt of an argument or rebuttal prepared pursuant to
10-7 this section, the county clerk:
10-8 (a) May consult with persons who are generally recognized by a
10-9 national or statewide organization as having expertise in the field or
10-10 area to which the initiative, referendum or other question pertains;
10-11 and
10-12 (b) Shall reject each statement in the argument or rebuttal that he
10-13 believes is libelous or factually inaccurate.
10-14 Not later than 5 days after the county clerk rejects a statement
10-15 pursuant to this subsection, the committee may appeal that rejection
10-16 to the district attorney. The district attorney shall review the
10-17 statement and the reasons for its rejection and may receive evidence,
10-18 documentary or testimonial, to aid him in his decision. Not later
10-19 than 3 business days after the appeal by the committee, the district
10-20 attorney shall issue his decision rejecting or accepting the statement.
10-21 The decision of the district attorney is a final decision for the
10-22 purposes of judicial review.
10-23 9. The county clerk shall place in the sample ballot provided to
10-24 the registered voters of the county each argument and rebuttal
10-25 prepared pursuant to this section, containing all statements that were
10-26 not rejected pursuant to subsection 8. The county clerk may revise
10-27 the language submitted by the committee so that it is clear, concise
10-28 and suitable for incorporation in the sample ballot, but shall not alter
10-29 the meaning or effect without the consent of the committee.
10-30 10. In a county whose population is less than [100,000:]
10-31 40,000:
10-32 (a) The board may appoint committees pursuant to this section.
10-33 (b) If the board appoints committees pursuant to this section, the
10-34 county clerk shall provide for rules or regulations pursuant to
10-35 subsection 7.
10-36 Sec. 8. NRS 295.217 is hereby amended to read as follows:
10-37 295.217 1. In a city whose population is [60,000] 10,000 or
10-38 more, for each initiative, referendum or other question to be placed
10-39 on the ballot by the council, including, without limitation, pursuant
10-40 to NRS 293.482 or 295.215, the council shall, in consultation
10-41 pursuant to subsection 4 with the city clerk [pursuant to subsection
10-42 4,] or other city officer authorized to perform the duties of the city
10-43 clerk, appoint two committees. Except as otherwise provided in
10-44 subsection 2, one committee must be composed of three persons
10-45 who favor approval by the voters of the initiative, referendum or
10-46 other question and the other committee must be composed of three
11-1 persons who oppose approval by the voters of the initiative,
11-2 referendum or other question.
11-3 2. If, after consulting with the city clerk pursuant to subsection
11-4 4, the council is unable to appoint three persons willing to serve on
11-5 a committee, the council may appoint fewer than three persons to
11-6 that committee, but the council must appoint at least one person to
11-7 each committee appointed pursuant to this section.
11-8 3. With respect to a committee appointed pursuant to this
11-9 section:
11-10 (a) A person may not serve simultaneously on the committee
11-11 that favors approval by the voters of an initiative, referendum or
11-12 other question and the committee that opposes approval by the
11-13 voters of that initiative, referendum or other question.
11-14 (b) Members of the committee serve without compensation.
11-15 (c) The term of office for each member commences upon
11-16 appointment and expires upon the publication of the sample ballot
11-17 containing the initiative, referendum or other question.
11-18 4. Before the council appoints a committee pursuant to this
11-19 section, the city clerk shall:
11-20 (a) Recommend to the council persons to be appointed to the
11-21 committee; and
11-22 (b) Consider recommending pursuant to paragraph (a):
11-23 (1) Any person who has expressed an interest in serving on
11-24 the committee; and
11-25 (2) A person who is a member of an organization that has
11-26 expressed an interest in having a member of the organization serve
11-27 on the committee.
11-28 5. If the council of a city whose population is [60,000] 10,000
11-29 or more fails to appoint a committee as required pursuant to this
11-30 section, the city clerk shall appoint the committee.
11-31 6. A committee appointed pursuant to this section:
11-32 (a) Shall elect a chairman for the committee;
11-33 (b) Shall meet and conduct its affairs as necessary to fulfill the
11-34 requirements of this section;
11-35 (c) May seek and consider comments from the general public;
11-36 (d) Shall[, based on whether the members were appointed to
11-37 advocate or oppose approval by the voters of the initiative,
11-38 referendum or other question,] prepare an argument either
11-39 advocating or opposing approval by the voters of the initiative,
11-40 referendum or other question[;] , based on whether the members
11-41 were appointed to advocate or oppose approval by the voters of the
11-42 initiative, referendum or other question;
11-43 (e) Shall prepare a rebuttal to the argument prepared by the other
11-44 committee appointed pursuant to this section; and
12-1 (f) Shall submit the argument and rebuttal prepared pursuant to
12-2 paragraphs (d) and (e) to the city clerk not later than the date
12-3 prescribed by the city clerk pursuant to subsection 7.
12-4 7. The city clerk of a city whose population is [60,000] 10,000
12-5 or more shall provide, by rule or regulation:
12-6 (a) The maximum permissible length of an argument or rebuttal
12-7 prepared pursuant to this section; and
12-8 (b) The date by which an argument or rebuttal prepared pursuant
12-9 to this section must be submitted by the committee to the city clerk.
12-10 8. Upon receipt of an argument or rebuttal prepared pursuant to
12-11 this section, the city clerk:
12-12 (a) May consult with persons who are generally recognized by a
12-13 national or statewide organization as having expertise in the field or
12-14 area to which the initiative, referendum or other question pertains;
12-15 and
12-16 (b) Shall reject each statement in the argument or rebuttal that he
12-17 believes is libelous or factually inaccurate.
12-18 Not later than 5 days after the city clerk rejects a statement pursuant
12-19 to this subsection, the committee may appeal that rejection to the
12-20 city attorney[.] or other city officer appointed to hear the appeal
12-21 by the city council. The city attorney or other city officer appointed
12-22 to hear the appeal shall review the statement and the reasons for its
12-23 rejection and may receive evidence, documentary or testimonial, to
12-24 aid him in his decision. Not later than 3 business days after the
12-25 appeal by the committee, the city attorney or other city officer
12-26 appointed to hear the appeal shall issue his decision rejecting or
12-27 accepting the statement. The decision of the city attorney or other
12-28 city officer appointed to hear the appeal is a final decision for the
12-29 purposes of judicial review.
12-30 9. The city clerk shall place in the sample ballot provided to
12-31 the registered voters of the city each argument and rebuttal prepared
12-32 pursuant to this section, containing all statements that were not
12-33 rejected pursuant to subsection 8. The city clerk may revise the
12-34 language submitted by the committee so that it is clear, concise and
12-35 suitable for incorporation in the sample ballot, but shall not alter the
12-36 meaning or effect without the consent of the committee.
12-37 10. In a city whose population is less than [60,000:]10,000:
12-38 (a) The council may appoint committees pursuant to this section.
12-39 (b) If the council appoints committees pursuant to this section,
12-40 the city clerk shall provide for rules or regulations pursuant to
12-41 subsection 7.
12-42 20~~~~~03