N.R.S. 295.217 - Appointment of committees to prepare arguments advocating and opposing approval of ballot questions; duties of committees; regulations; preparation of arguments by city clerk if governing body fails to appoint committee; review of arguments; placement of arguments in sample ballots

Overview of Statute

      1.  For each initiative, referendum, advisory question or other question to be placed on the ballot by the:

      (a) Council, including, without limitation, pursuant to NRS 295.215 or 295.230; or

      (b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,

Ê the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

      2.  If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

      3.  With respect to a committee appointed pursuant to this section:

      (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

      (b) Members of the committee serve without compensation.

      (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

      4.  The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  Before the council appoints a committee pursuant to this section, the city clerk shall:

      (a) Recommend to the council persons to be appointed to the committee; and

      (b) Consider recommending pursuant to paragraph (a):

             (1) Any person who has expressed an interest in serving on the committee; and

             (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

      6.  If the council fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chair for the committee;

      (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

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

      (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

      (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The anticipated financial effect of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.

      8.  The city clerk shall provide, by rule or regulation:

      (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

      (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

      9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

      (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

      (b) Shall reject each statement in the argument or rebuttal that the city clerk believes is libelous or factually inaccurate.

Ê The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      10.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

      11.  If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 3 of NRS 293.481.

      (Added to NRS by 1999, 2119; A 2001, 647, 1976; 2003, 1695, 3201; 2005, 2845; 2007, 1144, 2545; 2011, 1210; 2013, 652)