Nevada Code § 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; inapplicability of Open Meeting Law
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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,
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 1.
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.
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 .
12. 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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