19-124. Arguments and analyses on measures;
cost; submission at special election
A. The person filing an initiative petition may at the same time file with the
secretary of state an argument advocating the measure or constitutional amendment
proposed in the petition. Not later than forty-eight days preceding the regular primary
election a person may file with the secretary of state an argument advocating or opposing
the measure or constitutional amendment proposed in the petition. Not later than
forty-eight days preceding the regular primary election a person may file with the
secretary of state an argument advocating or opposing any measure with respect to which
the referendum has been invoked, or any measure or constitutional amendment referred by
the legislature. Each argument filed shall contain the original notarized signature of
each person sponsoring it. If the argument is sponsored by an organization, it shall
contain the notarized signature of two executive officers of the organization or if
sponsored by a political committee it shall contain the notarized signature of the
committee's chairman or treasurer. Payment of the deposit required by subsection D or
reimbursement of the payor constitutes sponsorship of the argument for purposes of this
subsection. The person or persons signing the argument shall identify themselves by
giving their residence or post office address and a telephone number, which information
shall not appear in the publicity pamphlet. Each argument filed pursuant to this
subsection shall not exceed three hundred words in length.
B. Not later than sixty days preceding the regular primary election the legislative
council, after providing reasonable opportunity for comments by all legislators, shall
prepare and file with the secretary of state an impartial analysis of the provisions of
each ballot proposal of a measure or proposed amendment. The analysis shall include a
description of the measure and shall be written in clear and concise terms avoiding
technical terms wherever possible. The analysis may contain background information,
including the effect of the measure on existing law, or any legislative enactment
suspended by referendum, if the measure or referendum is approved or rejected.
C. The analyses and arguments shall be included in the publicity pamphlet
immediately following the measure or amendment to which they refer. Arguments in the
affirmative shall be placed first in order, and first among the affirmative or negative
arguments shall be placed the arguments filed by the person filing the initiative
petition or the person who introduced the measure or constitutional amendment referred.
The remaining affirmative and negative arguments shall be placed in the order in which
they were filed with the secretary of state.
D. The person filing an argument shall deposit with the secretary of state, at the
time of filing, an amount of money as prescribed by the secretary of state for the
purpose of offsetting a portion of the proportionate cost of the purchase of the paper
and the printing of the argument. If the person filing an argument requests that the
argument appear in connection with more than one proposition, a deposit shall be made for
each placement requested. No such deposit or payment shall be required for the analyses
prepared and filed by the legislative council. Any proportional balance remaining of the
deposit, after paying the cost, shall be returned to the depositor.
E. When a measure is submitted at a special election, and time will not permit full
compliance with this article, the charter provision or ordinance providing for the
special election shall make provision for printing and distribution of the publicity
pamphlet.
F. In the case of referendum petitions that are not required to be filed until
after the primary election or at a time so close to the primary election that a
referendum cannot be certified for the ballot before the deadline for filing ballot
arguments pursuant to subsection A, the secretary of state may establish a separate
deadline for filing the referendum ballot arguments pursuant to rules adopted by the
secretary of state.
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