Senate Bill No. 97

Senate Bill No. 97-Committee on Government Affairs

(On Behalf of the Office of the Secretary of State)

January 30, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Makes various changes relating to campaign contributions and expenses. (BDR 24-512)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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

AN ACT relating to campaign practices; revising the definition of "contribution" for the purposes of limiting and reporting campaign contributions; prohibiting a person from making a contribution in the name of another person; revising the amount of money that may be contributed to or accepted by a candidate for certain public offices; expanding the type of entities that are restricted in the amount that they may contribute to a candidate for certain public offices; requiring political parties and committees sponsored by a political party to report the campaign contributions received; requiring certain candidates who receive contributions before the year of the election in which they intend to seek election to public office to report the contributions received and expenditures made; reducing the monetary threshold for the reporting of certain campaign contributions and expenditures; revising the periods for the reporting of campaign contributions and expenditures; increasing the penalty for giving or accepting an illegal campaign contribution; revising the penalties for failing to comply with the provisions requiring the reporting of campaign contributions and expenditures; providing a penalty; 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 the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2 "Independent expenditure" means the use of any money to advocate the election or defeat of a candidate, including, without limitation:
1. Advertising by television, newspaper, radio, billboard, printed signs, posters, fliers, brochures and direct mail;
2. The provision of personal services in the coordination or performance of political activities related to a campaign, including events for raising money, special events and rallies, and solicitation by telephone or in person; and
3. Political polling.
The term does not include a campaign contribution made to a candidate or group of candidates that is required to submit a report pursuant to NRS 294A.120.
Sec. 3. 1. A person shall not:
(a) Make a contribution in the name of another person;
(b) Knowingly allow his name to be used to cause a contribution to be made in the name of another person or assist in the making of a contribution in the name of another person;
(c) Knowingly assist a person to make a contribution in the name of another person; or
(d) Knowingly accept a contribution made by a person in the name of another person.
2. As used in this section, "make a contribution in the name of another person" includes, without limitation:
(a) Giving money or an item of value, all or part of which was provided by another person, without disclosing the source of the money or item of value to the recipient at the time the contribution is made; and
(b) Giving money or an item of value, all or part of which belongs to the person who is giving the money or item of value, and claiming that the money or item of value belongs to another person.
3. Any person who willfully violates any provision of this section is guilty of a class D felony and shall be punished as provided in NRS 193.130.
Sec. 4. 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, not later than December 31 of:
(a) The year in which he receives contributions in excess of $10,000, report the total contributions received.
(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, report the contributions received and the expenditures made in that year.
2. The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount must be separately identified with the name and address of the contributor and the date of the contribution tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure tabulated and reported on the form provided by the secretary of state.
4. The report must be filed with the secretary of state.
Sec. 5. 1. Every committee for political action, political party or committee sponsored by a political party that makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 10 days before the primary election or primary city election;
(b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 10 days before the primary election or primary city election to 10 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the expenditures made on behalf of a candidate or group of candidates in excess of $100 on forms designed and provided by the secretary of state and signed by a representative of the committee for political action, political party or committee sponsored by a political party under penalty of perjury. The report must also include the identification of expenditures that the committee for political action, political party or committee sponsored by a political party made cumulatively in excess of $100 since the beginning of the first reporting period.
2. Expenditures made outside this state but for use within this state must be included in the report. Expenditures made by a committee for political action, political party or committee sponsored by a political party to communicate with its members must not be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. An entity may file its report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. As used in this section, "expenditures" includes, without limitation:
(a) Independent expenditures made on behalf of a candidate or group of candidates;
(b) Contributions made to a candidate or group of candidates; and
(c) Expenses related to the operation of a committee for political action, political party or committee sponsored by a political party.
Sec. 6. 1. If the secretary of state receives information that a person or entity that is subject to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 or section 4 or 5 of this act has not filed a report pursuant to the applicable provisions of those sections, the secretary of state shall, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 or section 4 or 5 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited with the state treasurer for credit to the state general fund.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
Sec. 7. NRS 294A.002 is hereby amended to read as follows:
294A.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.009, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 294A.005 is hereby amended to read as follows:
294A.005"Candidate" means any person [:] who seeks nomination for or election to a state, district, county, city or township office and:
1. Who files a declaration or affidavit of candidacy;
2. Who files an acceptance of candidacy; [or]
3. Whose name appears on an official ballot at any election [.] ;
4. Who has received a contribution;
5. Who has made an expenditure in support of his campaign; or
6. Who has authorized another person to receive contributions or make expenditures on behalf of his campaign and that person has received contributions or made expenditures on behalf of his campaign.
Sec. 9. NRS 294A.007 is hereby amended to read as follows:
294A.007 "Contribution" means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value , other than the services of a volunteer, given for the purpose of influencing an election in this state, and includes [the] :
1. The payment by any person , other than a candidate , of compensation for the personal services of another person which are rendered to a:
[1. Candidate;
2.] (a) Candidate;
(b) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an independent expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
[3.] (c) Committee for political action , political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates; or
[4.] (d) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot,
without charge to the candidate, person [or committee.] , committee or political party.
2. The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
Sec. 10. NRS 294A.009 is hereby amended to read as follows:
294A.009"Person" [is limited to a natural person, any labor union, any business or voluntary association, any committee for political action or sponsored by a political party and any corporation.] means:
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization; or
4. A government, governmental agency or political subdivision of a government.
Sec. 11. NRS 294A.100 is hereby amended to read as follows:
294A.100 1. A [natural] person shall not make a contribution or contributions to a candidate for [:
(a) A city, county, state or judicial office in a total amount which exceeds $2,000; or
(b) A statewide office in a total] any office, except a federal office, in an amount which exceeds [$10,000,] $5,000 for the primary election or primary city election and $5,000 for the general election or general city election, during the period beginning on the day after the last general election or general city election for the office and ending on the day of the general election or general city election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.
Sec. 12. 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) [Fifteen] 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 [20] 10 days before the primary election;
(b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 10 days before the primary election up to [20] 10 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and 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) [Fifteen] Seven days before the special election, for the period from his nomination up to [20] 10 days before the special election; and
(b) [Thirty days] The 15th day of the second month after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and 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 report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after 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.
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,] state office, reports of campaign contributions pursuant to subsection [2] 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Each contribution in excess of [$500] $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution [or contributions,] tabulated and reported on the form provided by the secretary of state.
[7. If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.
8. Except as otherwise provided in this section, any candidate who violates any of the provisions of this section is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
9. If a civil penalty is imposed because a candidate has reported his campaign contributions after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.]
Sec. 13. NRS 294A.140 is hereby amended to read as follows:
294A.140 1. [Except as otherwise provided in subsection 6, every] Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an independent expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group and every committee for political action , political party and committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 10 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from [20] 10 days before [that] the primary election or primary city election to [20] 10 days before the general election or general city election; and
(c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.
2. The report of campaign contributions must identify each contribution in excess of [$500] $100. Contributions which a contributor has made cumulatively in excess of [$500] $100 since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution [or contributions] tabulated and reported on the form designed and provided by the secretary of state.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person or entity may [make his report to] file the report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. [Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
6. The provisions of this section do not apply to a political party or committee sponsored by a political party.] As used in this section, "expenditures" includes, without limitation:
(a) Independent expenditures made on behalf of a candidate or group of candidates;
(b) Contributions made to a candidate or group of candidates; and
(c) Expenses related to the operation of the committee for political action, political party or committee sponsored by a political party.
Sec. 14. NRS 294A.150 is hereby amended to read as follows:
294A.150 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last general election [for that office to 20] to 10 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven days before a general election or general city election, [whether or not the candidate won the primary election or primary city election,] for the period from [20] 10 days before [that] the primary election or primary city election to [20] 10 days before the general election or general city election; and
(c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.
2. Each contribution in excess of [$500] $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution [or contributions] tabulated and reported on the form provided by the secretary of state.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
[5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]
Sec. 15. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.
3. Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).
4. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.
5. Any candidate or public officer who willfully violates any provision of this section is guilty of a misdemeanor. The court shall, in addition to any other penalty which may be imposed, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
6. [For the purposes of] As used in this section [, "contributions" include] :
(a) "Contributions" includes any interest and other income earned thereon.
(b) "Personal use" means the use of any money in a campaign account of a candidate or former candidate who is required to comply with the reporting requirements of this chapter to fulfill a commitment, obligation or other debt if that commitment, obligation or debt would have been incurred regardless of whether he was campaigning for or holding a public office. The term includes, without limitation:
(1) The purchase of food or other supplies for any household;
(2) The purchase of clothing, other than items of de minimis value that are used to promote or endorse the candidate in the campaign, including, without limitation, shirts or caps with the name of the candidate or campaign slogans printed on them;
(3) The payment of tuition for the training or education of any person, unless the tuition is for the training or education of a member of the campaign staff; and
(4) The payment of a mortgage, rent or utilities unless the payment is in connection with an office used for the campaign.
Sec. 16. NRS 294A.180 is hereby amended to read as follows:
294A.180 1. Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the [secretary of state] officer with whom he filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy stating the amount of contributions which he received for that campaign but did not spend [,] and the disposition of those unspent contributions.
2. Each public officer who is elected to a state, district, county, city or township office shall file a report with the [secretary of state:] officer with whom he filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy:
(a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend [,] and the amount, if any, of those unspent contributions disposed of pursuant to [paragraph (a), (b) or (c) of] subsection 2 of NRS 294A.160;
(b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to subsection 2 of NRS 294A.160 during the period since his last report and the manner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.
3. The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.
4. Except as otherwise provided in this section, any person who willfully violates any provision of this section is guilty of a misdemeanor.
Sec. 17. 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) [Fifteen] 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 [20] 10 days before the primary election;
(b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 10 days before the primary election up to [20] 10 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report his campaign expenses on forms designed and provided by the secretary of state and 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) [Fifteen] Seven days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) [Sixty days] The 15th day of the second month after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and 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 report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after 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.
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,] state office, reports of campaign expenses pursuant to subsection [2] 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
[6. If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.
7. Except as otherwise provided in this section, any candidate who violates any of the provisions of this section is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
8. If a civil penalty is imposed because a candidate has reported his campaign expenses after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.]
Sec. 18. NRS 294A.210 is hereby amended to read as follows:
294A.210 1. Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an independent expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group [, every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates] shall, not later than:
(a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 10 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from [20] 10 days before [that] the primary election or primary city election to [20] 10 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the independent expenditures made on behalf of a candidate or group of candidates in excess of [$500] $100 on forms designed and provided by the secretary of state and signed by the person [or a representative of the group] under penalty of perjury. The report must also include identification of independent expenditures which the person [or group] made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.
2. [Expenditures made within the state or made elsewhere] Independent expenditures made outside this state but for use within [the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media,] this state must be included in the report. Expenditures made on behalf of a candidate or group of candidates to communicate with [the group's own members on behalf of a candidate or group of candidates] a person affiliated with the person who has made an independent expenditure must not be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an independent expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
[5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]
Sec. 19. NRS 294A.220 is hereby amended to read as follows:
294A.220 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) [Fifteen] Seven days before a primary election or primary city election, for the period from 30 days after the last general election [for that office to 20] to 10 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven days before a general election or general city election , [whether or not the candidate won the primary election or primary city election,] for the period from [20] 10 days before [that] the primary election or primary city election to [20] 10 days before the general election or general city election; and
(c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report expenditures made on behalf of or against a question or group of questions on the ballot in excess of [$500] $100 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media [,] must be included in the report. Expenditures made to communicate with the group's [own] members on behalf of or against a question or group of questions must not be included in the report.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
[5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.]
Sec. 20. NRS 294A.270 is hereby amended to read as follows:
294A.270 1. Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:
(a) [Fifteen] Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to [20] 10 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each contribution received or made by the committee in excess of [$500] $100 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of [$500.] $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of [$500.] $100.
4. Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Each contribution, whether from or to a natural person, association or corporation, in excess of [$500,] $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution [or contributions,] tabulated and reported on the form provided by the secretary of state.
[6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.]
Sec. 21. NRS 294A.280 is hereby amended to read as follows:
294A.280 1. Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:
(a) [Fifteen] Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to [20] 10 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each expenditure made by the committee in excess of [$500] $100 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of [$500.] $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of [$500.] $100.
4. The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of [$500] $100 since the beginning of the first reporting period.
5. Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
[6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.]
Sec. 22. NRS 294A.350 is hereby amended to read as follows:
294A.350 Every candidate for state, district, county, municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.120, 294A.180, 294A.200 and 294A.360, even though he:
1. Withdraws his candidacy;
2. Receives no campaign contributions; or
3. Has no campaign expenses.
Sec. 23. 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) [Fifteen] Seven days before the primary city election, for the period from 30 days after the last election for that office up to [20] 10 days before the primary city election;
(b) [Fifteen] Seven days before the general city election, whether or not the candidate won the primary city election, for the period from [20] 10 days before the primary city election up to [20] 10 days before the general city election; and
(c) 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.
2. Every candidate for city office where there is no primary city election shall so file those reports:
(a) [Twenty] Seven days before the general city election, for the period from 30 days after the last election for that office up to [30] 10 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 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. 24. NRS 294A.390 is hereby amended to read as follows:
294A.390 1. The officer with whom a candidate files:
(a) A declaration of candidacy;
(b) An acceptance of candidacy; or
(c) An affidavit of candidacy,
shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.
2. The officer who is to receive reports pursuant to NRS 294A.140, 294A.150, 294A.210 and 294A.220 and sections 4 and 5 of this act shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.
Sec. 25. NRS 294A.400 is hereby amended to read as follows:
294A.400 The secretary of state shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, and sections 4 and 5 of this act prepare and make available for public inspection a compilation of:
1. The total campaign contributions, the contributions which are in excess of [$500] $100 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required.
2. The contributions made to a committee for the recall of a public officer in excess of [$500.] $100.
3. The expenditures exceeding [$500] $100 made by a:
(a) Person on behalf of a candidate other than himself.
(b) Person or group of persons on behalf of or against a question or group of questions on the ballot.
(c) Group of persons advocating the election or defeat of a candidate.
(d) Committee for the recall of a public officer.
4. The contributions in excess of [$500] $100 made to:
(a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an independent expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.
(b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.
(c) A committee for political action , political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates.
Sec. 26. NRS 294A.410 is hereby amended to read as follows:
294A.410 1. If it appears that the provisions of [NRS 294A.130 to 294A.180, inclusive, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,] this chapter have been violated [:
1. The] , the secretary of state [shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause] may:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the first judicial district court; or
(b) Refer the alleged violation to the attorney general. The attorney general shall investigate the alleged violation and institute and prosecute the appropriate proceedings [to be instituted and prosecuted in a court of competent jurisdiction] in the first judicial district court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the secretary of state, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.
Sec. 27. NRS 294A.110 is hereby repealed.
Sec. 28. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

TEXT OF REPEALED SECTION

294A.110 Limits on amount contributed by person other than natural person; exceptions; penalty.
1. A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $10,000; or
(b) A statewide office in a total amount which exceeds $20,000,
during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.