Nevada Code § 293.252

Appointment of committees to prepare arguments advocating and opposing approval of constitutional amendments and statewide measures proposed by initiative or referendum; duties of committees; Secretary of State required to reject libelous or factually inaccurate statements; appeal; inapplicability of Open Meeting Law
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1. For each constitutional amendment or
statewide measure proposed by initiative or referendum to be placed on the
ballot by the Secretary of State, the Secretary of State shall, pursuant to
subsection 4, 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 or referendum and the other committee
must be composed of three persons who oppose approval by the voters of the
initiative or referendum.
2. If the Secretary of State is unable to
appoint three persons who are willing to serve on a committee, the Secretary of
State may appoint fewer than three persons to that committee, but the Secretary
of State 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 or referendum and
the committee that opposes approval by the voters of that initiative or
referendum.
(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 or referendum.
4. The Secretary of State shall consider
appointing to a committee pursuant to this section:
(a) Any person who has expressed an interest in
serving on the committee; and
(b) 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.
5. 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, based on whether the members were
appointed to advocate or oppose approval by the voters of the initiative or
referendum, prepare an argument either advocating or opposing approval by the
voters of the initiative or referendum;
(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 fiscal impact of the initiative or
referendum;
(2) The environmental impact of the
initiative or referendum; and
(3) The impact of the initiative or
referendum 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 Secretary of State not
later than the date prescribed by the Secretary of State pursuant to subsection
6.
6. The Secretary of State shall provide,
by rule or regulation:
(a) The maximum permissible length of an argument
and rebuttal prepared pursuant to this section; and
(b) The date by which an argument and rebuttal
prepared pursuant to this section must be submitted by a committee to the
Secretary of State.
7. Upon receipt of an argument or rebuttal
prepared pursuant to this section, the Secretary of State:
(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 or referendum pertains; and
(b) Shall reject each statement in the argument
or rebuttal that the Secretary of State believes is libelous or factually
inaccurate.
The decision
of the Secretary of State to reject a statement pursuant to this subsection is
a final decision for the purposes of judicial review. Not later than 5 days
after the Secretary of State rejects a statement pursuant to this subsection,
the committee that prepared the statement may appeal that rejection by filing a
complaint in the First Judicial District Court. The Court shall set the matter
for hearing not later than 3 working days after the complaint is filed and
shall give priority to such a complaint over all other matters pending before
the court, except for criminal proceedings.
8. The Secretary of State may revise the
language submitted by a committee pursuant to this section so that it is clear,
concise and suitable for incorporation in the sample ballot, but shall not
alter the meaning or effect of the language without the consent of the
committee.
9. The provisions of chapter 241 of NRS do not apply to any
consultations, deliberations, hearings or meetings conducted pursuant to this
section.

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