AB8_EN

Assembly Bill No. 8–Joint Rules Committee

CHAPTER..........

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:

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

thereto a new section to read as follows:

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

secretary of state pursuant to NRS 294A.120, 294A.125 and 294A.200,

or the forms designed and provided by a city clerk pursuant to NRS

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

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

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

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

have been paid. The candidate shall list on the form each such

campaign contribution he receives and each expense in excess of $100

he incurs during the reporting period.

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

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

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

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

is required to use the form to file a report pursuant to NRS 294A.360.

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

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

secretary of state and each city clerk shall design the format of the form

described in subsection 1 so that a candidate who uses the form may

record in the form a list of each such campaign contribution as the

contribution is received and expense in excess of $100 as it is incurred.

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

candidate to list the campaign contributions and expenses described in

this section on any form other than a form designed and provided

pursuant to this section.

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

form described in subsection 1 to each candidate who is required to file

a report of his campaign contributions and expenses pursuant to NRS

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

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

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

expenses pursuant to NRS 294A.360.

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

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

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

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

before the regular session of the legislature after the last election for that

office up to 12 days before the primary election;

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

won the primary election, for the period from 12 days before the primary

election up to 12 days before the general election; and

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

legislature,

list each of the campaign contributions that he receives during the period

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

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

candidate under penalty of perjury.

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

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

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

nomination up to 12 days before the special election; and

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

the special election,

list each of the campaign contributions that he receives during the period

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

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

candidate under penalty of perjury.

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

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

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

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

section and section 1 of this act, and signed by the candidate under

penalty of perjury, 30 days after:

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

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

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

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

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

date of the district court’s decision.

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

with whom the candidate filed the declaration of candidacy or acceptance

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

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

of filing.

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

judicial office, except the office of justice of the peace or municipal judge,

reports of campaign contributions pursuant to subsection 4 shall file a

copy of each report with the secretary of state within 10 working days

after he receives the report.

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

contribution was received must be included on the list for each

contribution in excess of $100 and contributions which a contributor has

made cumulatively in excess of that amount since the beginning of the

first reporting period.

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

reporting of contributions pursuant to this section must be designed to be

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

contribution as he receives it.

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

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

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

contributions in any year before the year in which the general election or

general city election in which the candidate intends to seek election to

public office is held, shall, for:

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

list each of the contributions that he receives and the expenditures in

excess of $100 made in that year.

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

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

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

each of the contributions that he received and the expenditures in excess

of $100 made in that year.

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

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

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

candidate under penalty of perjury.

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

contribution was received must be included on the list for each

contribution in excess of $100 and contributions that a contributor has

made cumulatively in excess of that amount.

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

reporting of contributions and expenditures pursuant to this section must

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

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

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

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

candidacy or acceptance of candidacy for the public office the candidate

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

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

of filing.

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

which the report is made.

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

judicial office, except the office of justice of the peace or municipal judge,

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

shall file a copy of the report with the secretary of state within 10 working

days after he receives the report.

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

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

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

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

before the regular session of the legislature after the last election for that

office up to 12 days before the primary election;

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

won the primary election, for the period from 12 days before the primary

election up to 12 days before the general election; and

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

legislature,

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

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

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

signed by the candidate under penalty of perjury.

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

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

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

nomination up to 12 days before the special election; and

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

30 days after the special election,

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

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

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

signed by the candidate under penalty of perjury.

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

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

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

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

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

of perjury, 60 days after:

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

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

election; or

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

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

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

date of the district court’s decision.

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

whom the candidate filed the declaration of candidacy or acceptance of

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

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

of filing.

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

office, except the office of justice of the peace or municipal judge, reports

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

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

the report.

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

reporting of campaign expenses pursuant to this section must be designed

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

expense as he incurs it.

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

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

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

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

offices not later than:

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

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

city election;

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

candidate won the primary city election, for the period from 12 days

before the primary city election up to 12 days before the general city

election; and

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

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

election shall so file those reports:

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

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

city election; and

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

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

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

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

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

campaign contributions and campaign expenses pursuant to this section

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

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

it is incurred.

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

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

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

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

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

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

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

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

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

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

the expense or expenditure and the [approximate] date on which the

expense was incurred or the expenditure was made.

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

expenses or expenditures are:

(a) Office expenses;

(b) Expenses related to volunteers;

(d) Expenses related to advertising;

(e) Expenses related to paid staff;

(f) Expenses related to consultants;

(g) Expenses related to polling;

(h) Expenses related to special events;

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

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

paid; and

(j) Other miscellaneous expenses.

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

candidate to provide separately the total amount of each category of

expenses described in this section.

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

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