Nevada § 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

§ 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

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.