Assembly Bill No. 8–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various changes concerning reporting of campaign contributions and expenditures. (BDR 24‑18)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and expenditures; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 294A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3    1.  In addition to filing the forms designed and provided by the

1-4  secretary of state pursuant to NRS 294A.120, 294A.125 and 294A.200, or

1-5  the forms designed and provided by a city clerk pursuant to NRS

1-6  294A.360, as appropriate, each candidate who is required to file a report

1-7  of campaign contributions and expenses pursuant to NRS 294A.120,

1-8  294A.125, 294A.200 or 294A.360 shall file a separate form relating only

1-9  to goods and services provided in kind for which money would otherwise

1-10  have been paid. The candidate shall list on the form each such campaign

1-11  contribution he receives and each expense in excess of $100 he incurs

1-12  during the reporting period.

1-13    2.  The secretary of state shall design the form described in

1-14  subsection 1 for each candidate who is required to use the form to file a

1-15  report pursuant to NRS 294A.120, 294A.125 or 294A.200. The city clerk

1-16  shall design the form described in subsection 1 for each candidate who is

1-17  required to use the form to file a report pursuant to NRS 294A.360. The

1-18  city clerk shall submit the form to the secretary of state for approval. The

1-19  city clerk shall not use such a form until it is approved. The secretary of

1-20  state and each city clerk shall design the format of the form described in

2-1  subsection 1 so that a candidate who uses the form may record in the

2-2  form a list of each such campaign contribution as the contribution is

2-3  received and expense in excess of $100 as it is incurred.

2-4    3.  The secretary of state and each city clerk shall not require a

2-5  candidate to list the campaign contributions and expenses described in

2-6  this section on any form other than a form designed and provided

2-7  pursuant to this section.

2-8    4.  Upon request, the secretary of state shall provide a copy of the

2-9  form described in subsection 1 to each candidate who is required to file a

2-10  report of his campaign contributions and expenses pursuant to NRS

2-11  294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall

2-12  provide a copy of the form described in subsection 1 to each candidate

2-13  who is required to file a report of his campaign contributions and

2-14  expenses pursuant to NRS 294A.360.

2-15    Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

2-16    294A.120  1.  Every candidate for state, district, county or township

2-17  office at a primary or general election shall, not later than:

2-18    (a) Seven days before the primary election, for the period from 30 days

2-19  before the regular session of the legislature after the last election for that

2-20  office up to 12 days before the primary election;

2-21    (b) Seven days before the general election, whether or not the candidate

2-22  won the primary election, for the period from 12 days before the primary

2-23  election up to 12 days before the general election; and

2-24    (c) The 15th day of the second month after the general election, for the

2-25  remaining period up to 30 days before the next regular session of the

2-26  legislature,

2-27  list each of the campaign contributions that he receives during the period

2-28  on forms designed and provided by the secretary of state [and] pursuant to

2-29  this section and section 1 of this act. Each form must be signed by the

2-30  candidate under penalty of perjury.

2-31    2.  Except as otherwise provided in subsection 3, every candidate for a

2-32  district office at a special election shall, not later than:

2-33    (a) Seven days before the special election, for the period from his

2-34  nomination up to 12 days before the special election; and

2-35    (b) Thirty days after the special election, for the remaining period up to

2-36  the special election,

2-37  list each of the campaign contributions that he receives during the period

2-38  on forms designed and provided by the secretary of state [and] pursuant to

2-39  this section and section 1 of this act. Each form must be signed by the

2-40  candidate under penalty of perjury.

2-41    3.  Every candidate for state, district, county, municipal or township

2-42  office at a special election to determine whether a public officer will be

2-43  recalled shall list each of the campaign contributions that he receives on

2-44  forms designed and provided by the secretary of state pursuant to this

2-45  section and section 1 of this act, and signed by the candidate under penalty

2-46  of perjury, 30 days after:

2-47    (a) The special election, for the period from the filing of the notice of

2-48  intent to circulate the petition for recall up to the special election; or

3-1    (b) A district court determines that the petition for recall is legally

3-2  insufficient pursuant to subsection 5 of NRS 306.040, for the period from

3-3  the filing of the notice of intent to circulate the petition for recall up to the

3-4  date of the district court’s decision.

3-5    4.  Reports of campaign contributions must be filed with the officer

3-6  with whom the candidate filed the declaration of candidacy or acceptance

3-7  of candidacy. A candidate may mail the report to that officer by certified

3-8  mail. If certified mail is used, the date of mailing shall be deemed the date

3-9  of filing.

3-10    5.  Every county clerk who receives from candidates for legislative or

3-11  judicial office, except the office of justice of the peace or municipal judge,

3-12  reports of campaign contributions pursuant to subsection 4 shall file a copy

3-13  of each report with the secretary of state within 10 working days after he

3-14  receives the report.

3-15    6.  The name and address of the contributor and the date on which the

3-16  contribution was received must be included on the list for each contribution

3-17  in excess of $100 and contributions which a contributor has made

3-18  cumulatively in excess of that amount since the beginning of the first

3-19  reporting period.

3-20    7.  The form designed and provided by the secretary of state for the

3-21  reporting of contributions pursuant to this section must be designed to be

3-22  used by a candidate to record in the form of a list each campaign

3-23  contribution as he receives it.

3-24    Sec. 3.  NRS 294A.125 is hereby amended to read as follows:

3-25    294A.125  1.  In addition to complying with the requirements set forth

3-26  in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

3-27  contributions in any year before the year in which the general election or

3-28  general city election in which the candidate intends to seek election to

3-29  public office is held, shall, for:

3-30    (a) The year in which he receives contributions in excess of $10,000,

3-31  list each of the contributions that he receives and the expenditures in

3-32  excess of $100 made in that year.

3-33    (b) Each year after the year in which he received contributions in excess

3-34  of $10,000, until the year of the general election or general city election in

3-35  which the candidate intends to seek election to public office is held, list

3-36  each of the contributions that he received and the expenditures in excess of

3-37  $100 made in that year.

3-38    2.  The reports required by subsection 1 must be submitted on [a form]

3-39  forms designed and provided by the secretary of state [and] pursuant to

3-40  this section and section 1 of this act. Each form must be signed by the

3-41  candidate under penalty of perjury.

3-42    3.  The name and address of the contributor and the date on which the

3-43  contribution was received must be included on the list for each contribution

3-44  in excess of $100 and contributions that a contributor has made

3-45  cumulatively in excess of that amount.

3-46    4.  The forms designed and provided by the secretary of state for the

3-47  reporting of contributions and expenditures pursuant to this section must be

3-48  designed to be used by a candidate to record in the form of a list each

3-49  campaign contribution as he receives it and each expenditure as it is made.

4-1    [4.] 5. The report must be filed:

4-2    (a) With the officer with whom the candidate will file the declaration of

4-3  candidacy or acceptance of candidacy for the public office the candidate

4-4  intends to seek. A candidate may mail the report to that officer by certified

4-5  mail. If certified mail is used, the date of mailing shall be deemed the date

4-6  of filing.

4-7    (b) On or before January 15 of the year immediately after the year for

4-8  which the report is made.

4-9    [5.] 6. A county clerk who receives from a candidate for legislative or

4-10  judicial office, except the office of justice of the peace or municipal judge,

4-11  a report of contributions and expenditures pursuant to subsection [4] 5 shall

4-12  file a copy of the report with the secretary of state within 10 working days

4-13  after he receives the report.

4-14    Sec. 4.  NRS 294A.200 is hereby amended to read as follows:

4-15    294A.200  1.  Every candidate for state, district, county or township

4-16  office at a primary or general election shall, not later than:

4-17    (a) Seven days before the primary election, for the period from 30 days

4-18  before the regular session of the legislature after the last election for that

4-19  office up to 12 days before the primary election;

4-20    (b) Seven days before the general election, whether or not the candidate

4-21  won the primary election, for the period from 12 days before the primary

4-22  election up to 12 days before the general election; and

4-23    (c) The 15th day of the second month after the general election, for the

4-24  remaining period up to 30 days before the next regular session of the

4-25  legislature,

4-26  list each of the campaign expenses in excess of $100 that he incurs during

4-27  the period on forms designed and provided by the secretary of state [and]

4-28  pursuant to this section and section 1 of this act. Each form must be

4-29  signed by the candidate under penalty of perjury.

4-30    2.  Except as otherwise provided in subsection 3, every candidate for a

4-31  district office at a special election shall, not later than:

4-32    (a) Seven days before the special election, for the period from his

4-33  nomination up to 12 days before the special election; and

4-34    (b) Sixty days after the special election, for the remaining period up to

4-35  30 days after the special election,

4-36  list each of the campaign expenses in excess of $100 that he incurs during

4-37  the period on forms designed and provided by the secretary of state [and]

4-38  pursuant to this section and section 1 of this act. Each form must be

4-39  signed by the candidate under penalty of perjury.

4-40    3.  Every candidate for state, district, county, municipal or township

4-41  office at a special election to determine whether a public officer will be

4-42  recalled shall list the campaign expenses in excess of $100 that he incurs

4-43  on forms designed and provided by the secretary of state pursuant to this

4-44  section and section 1 of this act and signed by the candidate under penalty

4-45  of perjury, 60 days after:

4-46    (a) The special election, for the period from the filing of the notice of

4-47  intent to circulate the petition for recall up to 30 days after the special

4-48  election; or

5-1    (b) A district court determines that the petition for recall is legally

5-2  insufficient pursuant to subsection 5 of NRS 306.040, for the period from

5-3  the filing of the notice of intent to circulate the petition for recall up to the

5-4  date of the district court’s decision.

5-5    4.  Reports of campaign expenses must be filed with the officer with

5-6  whom the candidate filed the declaration of candidacy or acceptance of

5-7  candidacy. A candidate may mail the report to that officer by certified mail.

5-8  If certified mail is used, the date of mailing shall be deemed the date of

5-9  filing.

5-10    5.  County clerks who receive from candidates for legislative or judicial

5-11  office, except the office of justice of the peace or municipal judge, reports

5-12  of campaign expenses pursuant to subsection 4 shall file a copy of each

5-13  report with the secretary of state within 10 working days after he receives

5-14  the report.

5-15    6.  The forms designed and provided by the secretary of state for the

5-16  reporting of campaign expenses pursuant to this section must be designed

5-17  to be used by a candidate to record in the form of a list each campaign

5-18  expense as he incurs it.

5-19    Sec. 5.  NRS 294A.360 is hereby amended to read as follows:

5-20    294A.360  1.  Every candidate for city office where the general city

5-21  election is preceded by a primary city election shall file the reports in the

5-22  manner required by NRS 294A.120, 294A.200 and 294A.350 for other

5-23  offices not later than:

5-24    (a) Seven days before the primary city election, for the period from 30

5-25  days after the last election for that office up to 12 days before the primary

5-26  city election;

5-27    (b) Seven days before the general city election, whether or not the

5-28  candidate won the primary city election, for the period from 12 days before

5-29  the primary city election up to 12 days before the general city election; and

5-30    (c) The 15th day of the second month after the general city election, for

5-31  the remaining period up to 30 days after the general city election.

5-32    2.  Every candidate for city office where there is no primary city

5-33  election shall so file those reports:

5-34    (a) Seven days before the general city election, for the period from 30

5-35  days after the last election for that office up to 12 days before the general

5-36  city election; and

5-37    (b) The 15th day of the second month after the general city election, for

5-38  the remaining period up to 30 days after the general city election.

5-39    3.  The city clerk shall design the form for each report a candidate for

5-40  city office is required to file pursuant to NRS 294A.120 and 294A.200.

5-41  The form designed and provided by the city clerk for the reporting of

5-42  campaign contributions and campaign expenses pursuant to this section

5-43  must be designed to be used to record in the form of a list each campaign

5-44  contribution as it is made and each campaign expense in excess of $100 as

5-45  it is incurred.

5-46  The city clerk shall submit the form to the secretary of state for approval.

5-47  The city clerk shall not use such a form until it is approved.

5-48    Sec. 6.  NRS 294A.365 is hereby amended to read as follows:

6-1    294A.365  1.  Each report of [expenses or] expenditures required

6-2  pursuant to NRS [294A.125, 294A.200,] 294A.210, 294A.220 and

6-3  294A.280 must consist of a list of the [expenses incurred or] expenditures

6-4  made during the periods for reporting. Each report of expenses required

6-5  pursuant to NRS 294A.125 and 294A.200 must consist of a list of each

6-6  expense in excess of $100 that was incurred during the periods for

6-7  reporting. The list in each report must state the category and amount of

6-8  the expense or expenditure and the [approximate] date on which the

6-9  expense was incurred or the expenditure was made.

6-10    2.  The categories of expense or expenditure for use on the report of

6-11  expenses or expenditures are:

6-12    (a) Office expenses;

6-13    (b) Expenses related to volunteers;

6-14    (c) Expenses related to travel;

6-15    (d) Expenses related to advertising;

6-16    (e) Expenses related to paid staff;

6-17    (f) Expenses related to consultants;

6-18    (g) Expenses related to polling;

6-19    (h) Expenses related to special events;

6-20    (i) [Goods] Except as otherwise provided in section 1 of this act, goods

6-21  and services provided in kind for which money would otherwise have been

6-22  paid; and

6-23    (j) Other miscellaneous expenses.

6-24    3.  The secretary of state and each city clerk shall not require a

6-25  candidate to provide separately the total amount of each category of

6-26  expenses described in this section.

6-27    Sec. 7.  This act becomes effective on January 1, 2002.

 

6-28  H