Assembly Bill No. 130–Committee on Elections,
Procedures, and Ethics

February 4, 1999

____________

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning campaigns. (BDR 24-857)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; describing the categories of expenses that must be included in certain reports of expenses and expenditures; revising various provisions governing the forms for reporting campaign contributions, expenses and expenditures; limiting the prohibition against causing to be published certain false statements of fact made during a political campaign to certain false statements of fact made about a candidate; requiring the commission on ethics to make certain specific findings before the commission may determine that a person has violated the prohibition against causing to be published certain false statements of fact about a candidate; 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 thereto

1-2 a new section to read as follows:

1-3 1. Each report of expenses or expenditures required pursuant to NRS

1-4 294A.125, 294A.200, 294A.210, 294A.220 and 294A.280 must consist of

1-5 a list of the expenses incurred or expenditures made during the periods

1-6 for reporting. The list must state the category and amount of the expense

1-7 or expenditure and the approximate date on which the expense was

1-8 incurred or the expenditure was made.

1-9 2. The categories of expense or expenditure for use on the report of

1-10 expenses or expenditures are:

1-11 (a) Office expenses;

1-12 (b) Expenses related to volunteers;

1-13 (c) Expenses related to travel;

2-1 (d) Expenses related to advertising;

2-2 (e) Expenses related to paid staff;

2-3 (f) Expenses related to consultants;

2-4 (g) Expenses related to polling;

2-5 (h) Expenses related to special events;

2-6 (i) Goods and services provided in kind for which money would

2-7 otherwise have been paid; and

2-8 (j) Other miscellaneous expenses related to the campaign.

2-9 Sec. 2. NRS 294A.120 is hereby amended to read as follows:

2-10 294A.120 1. Every candidate for state, district, county or township

2-11 office at a primary or general election shall, not later than:

2-12 (a) Seven days before the primary election, for the period from 30 days

2-13 before the regular session of the legislature after the last election for that

2-14 office up to 12 days before the primary election;

2-15 (b) Seven days before the general election, whether or not the candidate

2-16 won the primary election, for the period from 12 days before the primary

2-17 election up to 12 days before the general election; and

2-18 (c) The 15th day of the second month after the general election, for the

2-19 remaining period up to 30 days before the next regular session of the

2-20 legislature,

2-21 [report the total amount of his] list each of the campaign contributions he

2-22 receives during the period on forms designed and provided by the

2-23 secretary of state and signed by the candidate under penalty of perjury.

2-24 2. Except as otherwise provided in subsection 3, every candidate for a

2-25 district office at a special election shall, not later than:

2-26 (a) Seven days before the special election, for the period from his

2-27 nomination up to 12 days before the special election; and

2-28 (b) Thirty days after the special election, for the remaining period up to

2-29 the special election,

2-30 [report the total amount of his] list each of the campaign contributions he

2-31 receives during the period on forms designed and provided by the

2-32 secretary of state and signed by the candidate under penalty of perjury.

2-33 3. Every candidate for state, district, county, municipal or township

2-34 office at a special election to determine whether a public officer will be

2-35 recalled shall [report the total amount of his] list each of the campaign

2-36 contributions he receives on forms designed and provided by the secretary

2-37 of state and signed by the candidate under penalty of perjury, 30 days after

2-38 the special election, for the period from the filing of the notice of intent to

2-39 circulate the petition for recall up to the special election.

2-40 4. Reports of campaign contributions must be filed with the officer

2-41 with whom the candidate filed the declaration of candidacy or acceptance

2-42 of candidacy. A candidate may mail the report to that officer by certified

3-1 mail. If certified mail is used, the date of mailing shall be deemed the date

3-2 of filing.

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

3-4 judicial office, except the office of justice of the peace or municipal judge,

3-5 reports of campaign contributions pursuant to subsection 4 shall file a copy

3-6 of each report with the secretary of state within 10 working days after he

3-7 receives the report.

3-8 6. [Each] The name and address of the contributor and the date on

3-9 which the contribution was received must be included on the list for each

3-10 contribution in excess of $100 and contributions which a contributor has

3-11 made cumulatively in excess of that amount since the beginning of the first

3-12 reporting period . [must be separately identified with the name and address

3-13 of the contributor and the date of the contribution, tabulated and reported

3-14 on the form provided by the secretary of state.] The form designed and

3-15 provided by the secretary of state for the reporting of contributions

3-16 pursuant to this section must be designed to be used by a candidate to

3-17 record in the form of a list each campaign contribution as he receives it.

3-18 Sec. 3. NRS 294A.125 is hereby amended to read as follows:

3-19 294A.125 1. In addition to complying with the requirements set forth

3-20 in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

3-21 contributions in any year before the year in which the general election or

3-22 general city election in which the candidate intends to seek election to

3-23 public office is held, shall, not later than December 31 of:

3-24 (a) The year in which he receives contributions in excess of $10,000,

3-25 [report the total contributions received.] list each of the contributions he

3-26 receives during the period.

3-27 (b) Each year after the year in which he received contributions in excess

3-28 of $10,000, until the year of the general election or general city election in

3-29 which the candidate intends to seek election to public office is held,

3-30 [report] list each of the contributions received and the expenditures made

3-31 in that year.

3-32 2. The reports required by subsection 1 must be submitted on a form

3-33 designed and provided by the secretary of state and signed by the candidate

3-34 under penalty of perjury.

3-35 3. [Each] The name and address of the contributor and the date on

3-36 which the contribution was received must be included on the list for each

3-37 contribution in excess of $100 and contributions that a contributor has

3-38 made cumulatively in excess of that amount . [must be separately identified

3-39 with the name and address of the contributor and the date of the

3-40 contribution, tabulated and reported on the form provided by the secretary

3-41 of state. Each expenditure in excess of $100 and expenditures that the

3-42 candidate made cumulatively in excess of that amount must be separately

3-43 identified with the date of the expenditure, tabulated and reported on the

4-1 form provided by the secretary of state.] The forms designed and provided

4-2 by the secretary of state for the reporting of contributions and

4-3 expenditures pursuant to this section must be designed to be used by a

4-4 candidate to record in the form of a list each campaign contribution as

4-5 he receives it and each expenditure as it is made.

4-6 4. The report must be filed with the secretary of state.

4-7 Sec. 4. NRS 294A.140 is hereby amended to read as follows:

4-8 294A.140 1. Every person who is not under the direction or control

4-9 of a candidate or group of candidates or of any person involved in the

4-10 campaign of that candidate or group who makes an expenditure on behalf

4-11 of the candidate or group which is not solicited or approved by the

4-12 candidate or group, and every committee for political action, political party

4-13 and committee sponsored by a political party which makes an expenditure

4-14 on behalf of a candidate or group of candidates shall, not later than:

4-15 (a) Seven days before a primary election or primary city election, for the

4-16 period from 30 days after the last election for that office to 12 days before

4-17 the primary election or primary city election;

4-18 (b) Seven days before a general election or general city election,

4-19 whether or not the candidate won the primary election or primary city

4-20 election, for the period from 12 days before the primary election or primary

4-21 city election to 12 days before the general election or general city election;

4-22 and

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

4-24 general city election, for the remaining period up to 30 days after the

4-25 general election or general city election,

4-26 [report the total amount] list each of the contributions received during the

4-27 period on the form designed and provided by the secretary of state and

4-28 shall sign the report under penalty of perjury.

4-29 2. The [report of campaign contributions must identify] name and

4-30 address of the contributor and the date on which the contribution was

4-31 received must be included on the list for each contribution in excess of

4-32 $100 [. Contributions] and contributions which a contributor has made

4-33 cumulatively in excess of $100 since the beginning of the first reporting

4-34 period . [must be separately identified with the name and address of the

4-35 contributor and the date of the contribution, tabulated and reported on the

4-36 form designed and provided by the secretary of state.] The form designed

4-37 and provided by the secretary of state for the reporting of contributions

4-38 pursuant to this section must be designed to be used by the person,

4-39 committee for political action, political party or committee sponsored by

4-40 a political party to record in the form of a list each contribution as it is

4-41 received.

4-42 3. If the candidate is elected from one county, the reports must be filed

4-43 with the county clerk of that county. If the candidate is elected from one

5-1 city, the reports must be filed with the city clerk of that city. For all other

5-2 candidates the reports must be filed with the secretary of state. A person or

5-3 entity may file the report with the appropriate officer by certified mail. If

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

5-5 4. Each county clerk or city clerk who receives a report pursuant to

5-6 subsection 3 shall file a copy of the report with the secretary of state within

5-7 10 working days after he receives the report.

5-8 Sec. 5. NRS 294A.150 is hereby amended to read as follows:

5-9 294A.150 1. Every person or group of persons organized formally or

5-10 informally who advocates the passage or defeat of a question or group of

5-11 questions on the ballot at any election including any recall or special

5-12 election shall, not later than:

5-13 (a) Seven days before a primary election or primary city election, for the

5-14 period from 30 days after the last general election to 12 days before the

5-15 primary election or primary city election;

5-16 (b) Seven days before a general election or general city election, for the

5-17 period from 12 days before the primary election or primary city election to

5-18 12 days before the general election or general city election; and

5-19 (c) The 15th day of the second month after the general election or

5-20 general city election, for the remaining period up to 30 days after the

5-21 general election or general city election,

5-22 [report the total amount] list each of the contributions received during the

5-23 period on the form designed and provided by the secretary of state and

5-24 signed by the person or a representative of the group under penalty of

5-25 perjury.

5-26 2. [Each] The name and address of the contributor and the date on

5-27 which the contribution was received must be included on the list for each

5-28 contribution in excess of $100 and contributions which a contributor has

5-29 made cumulatively in excess of that amount since the beginning of the first

5-30 reporting period . [must be separately identified with the name and address

5-31 of the contributor and the date of the contribution, tabulated and reported

5-32 on the form provided by the secretary of state.] The form designed and

5-33 provided by the secretary of state for the reporting of contributions

5-34 pursuant to this section must be designed to be used to record in the form

5-35 of a list each contribution as it is received.

5-36 3. If the question is submitted to the voters of only one county, the

5-37 reports must be filed with the county clerk of that county. If the question is

5-38 submitted to the voters of only one city, the reports must be filed with the

5-39 city clerk of that city. Otherwise, the reports must be filed with the

5-40 secretary of state. If the person or group of persons is advocating passage

5-41 or defeat of a group of questions, the reports must be made to the officer

5-42 appropriate for each question and must be itemized by question.

6-1 4. Each county clerk or city clerk who receives a report pursuant to

6-2 subsection 3 shall file a copy of the report with the secretary of state within

6-3 10 working days after he receives the report.

6-4 Sec. 6. NRS 294A.200 is hereby amended to read as follows:

6-5 294A.200 1. Every candidate for state, district, county or township

6-6 office at a primary or general election shall, not later than:

6-7 (a) Seven days before the primary election, for the period from 30 days

6-8 before the regular session of the legislature after the last election for that

6-9 office up to 12 days before the primary election;

6-10 (b) Seven days before the general election, whether or not the candidate

6-11 won the primary election, for the period from 12 days before the primary

6-12 election up to 12 days before the general election; and

6-13 (c) The 15th day of the second month after the general election, for the

6-14 remaining period up to 30 days before the next regular session of the

6-15 legislature,

6-16 [report his] list each of the campaign expenses he incurs during the period

6-17 on forms designed and provided by the secretary of state and signed by the

6-18 candidate under penalty of perjury.

6-19 2. Except as otherwise provided in subsection 3, every candidate for a

6-20 district office at a special election shall, not later than:

6-21 (a) Seven days before the special election, for the period from his

6-22 nomination up to 12 days before the special election; and

6-23 (b) Sixty days after the special election, for the remaining period up to

6-24 30 days after the special election,

6-25 [report his] list each of the campaign expenses he incurs during the period

6-26 on forms designed and provided by the secretary of state and signed by the

6-27 candidate under penalty of perjury.

6-28 3. Every candidate for state, district, county, municipal or township

6-29 office at a special election to determine whether a public officer will be

6-30 recalled shall [report his] list the campaign expenses he incurs on forms

6-31 designed and provided by the secretary of state and signed by the candidate

6-32 under penalty of perjury, 60 days after the special election, for the period

6-33 from the filing of the notice of intent to circulate the petition for recall up to

6-34 30 days after the special election.

6-35 4. Reports of campaign expenses must be filed with the officer with

6-36 whom the candidate filed the declaration of candidacy or acceptance of

6-37 candidacy. A candidate may mail the report to that officer by certified mail.

6-38 If certified mail is used, the date of mailing shall be deemed the date of

6-39 filing.

6-40 5. County clerks who receive from candidates for legislative or judicial

6-41 office, except the office of justice of the peace or municipal judge, reports

6-42 of campaign expenses pursuant to subsection 4 shall file a copy of each

7-1 report with the secretary of state within 10 working days after he receives

7-2 the report.

7-3 6. The forms designed and provided by the secretary of state for the

7-4 reporting of campaign expenses pursuant to this section must be

7-5 designed to be used by a candidate to record in the form of a list each

7-6 campaign expense as he incurs it.

7-7 Sec. 7. NRS 294A.210 is hereby amended to read as follows:

7-8 294A.210 1. Every person who is not under the direction or control

7-9 of a candidate or group of candidates or of any person involved in the

7-10 campaign of that candidate or group who makes an expenditure on behalf

7-11 of the candidate or group which is not solicited or approved by the

7-12 candidate or group, and every committee for political action, political party

7-13 or committee sponsored by a political party which makes an expenditure on

7-14 behalf of a candidate or group of candidates shall, not later than:

7-15 (a) Seven days before a primary election or primary city election, for the

7-16 period from 30 days after the last election for that office to 12 days before

7-17 the primary election or primary city election;

7-18 (b) Seven days before a general election or general city election,

7-19 whether or not the candidate won the primary election or primary city

7-20 election, for the period from 12 days before the primary election or primary

7-21 city election to 12 days before the general election or general city election;

7-22 and

7-23 (c) The 15th day of the second month after a general election or general

7-24 city election, for the remaining period up to 30 days after the general

7-25 election or general city election,

7-26 [report the expenditures] list each expenditure made during the period on

7-27 behalf of a candidate or group of candidates in excess of $100 on forms

7-28 designed and provided by the secretary of state and signed by the person or

7-29 a representative of the group under penalty of perjury. The report must also

7-30 include identification of expenditures which the person or group made

7-31 cumulatively in excess of $100 since the beginning of the first reporting

7-32 period.

7-33 2. Expenditures made within the state or made elsewhere but for use

7-34 within the state, including expenditures made outside the state for printing,

7-35 television and radio broadcasting or other production of the media, must be

7-36 included in the report.

7-37 3. If the candidate is elected from one county, the reports must be filed

7-38 with the county clerk of that county. If the candidate is elected from one

7-39 city, the reports must be filed with the city clerk of that city. Otherwise, the

7-40 reports must be filed with the secretary of state. If an expenditure is made

7-41 on behalf of a group of candidates, the reports must be made to the officer

7-42 appropriate for each candidate and itemized by the candidate. A person

8-1 may make his report to the appropriate officer by certified mail. If certified

8-2 mail is used, the date of mailing shall be deemed the date of filing.

8-3 4. Each county clerk or city clerk who receives a report pursuant to

8-4 subsection 3 shall file a copy of the report with the secretary of state within

8-5 10 working days after he receives the report.

8-6 5. The forms designed and provided by the secretary of state for the

8-7 reporting of expenditures pursuant to this section must be designed to be

8-8 used by the person or representative of the group to record in the form of

8-9 a list each expenditure as it is made.

8-10 Sec. 8. NRS 294A.220 is hereby amended to read as follows:

8-11 294A.220 1. Every person or group of persons organized formally or

8-12 informally who advocates the passage or defeat of a question or group of

8-13 questions on the ballot at any election including any recall or special

8-14 election shall, not later than:

8-15 (a) Seven days before a primary election or primary city election, for the

8-16 period from 30 days after the last general election to 12 days before the

8-17 primary election or primary city election;

8-18 (b) Seven days before a general election or general city election, for the

8-19 period from 12 days before the primary election or primary city election to

8-20 12 days before the general election or general city election; and

8-21 (c) The 15th day of the second month after the general election or

8-22 general city election, for the remaining period up to 30 days after the

8-23 general election or general city election,

8-24 [report expenditures] list each expenditure made during the period on

8-25 behalf of or against a question or group of questions on the ballot in excess

8-26 of $100 on the form designed and provided by the secretary of state and

8-27 signed by the person or a representative of the group under penalty of

8-28 perjury. The report must also include the identification of expenditures

8-29 which the person or group made cumulatively in excess of $100 since the

8-30 beginning of the first reporting period.

8-31 2. Expenditures made within the state or made elsewhere but for use

8-32 within the state, including expenditures made outside the state for printing,

8-33 television and radio broadcasting or other production of the media, must be

8-34 included in the report.

8-35 3. If the question is submitted to the voters of only one county, the

8-36 reports must be filed with the county clerk of that county. If the question is

8-37 submitted to the voters of only one city, the reports must be filed with the

8-38 city clerk of that city. Otherwise, the reports must be filed with the

8-39 secretary of state. If an expenditure is made on behalf of a group of

8-40 questions, the reports must be made to the officer appropriate for each

8-41 question and must be itemized by question. A person may make his report

8-42 to the appropriate filing officer by certified mail. If certified mail is used,

8-43 the date of mailing shall be deemed the date of filing.

9-1 4. Each county clerk or city clerk who receives a report pursuant to

9-2 subsection 3 shall file a copy of the report with the secretary of state within

9-3 10 working days after he receives the report.

9-4 5. The form designed and provided by the secretary of state for the

9-5 reporting of expenditures pursuant to this section must be designed to be

9-6 used by the person or representative of the group to record in the form of

9-7 a list each expenditure as it is made.

9-8 Sec. 9. NRS 294A.270 is hereby amended to read as follows:

9-9 294A.270 1. Except as otherwise provided in subsection 3, each

9-10 committee for the recall of a public officer shall, not later than:

9-11 (a) Seven days before the special election to recall a public officer, for

9-12 the period from the filing of the notice of intent to circulate the petition for

9-13 recall up to 12 days before the special election; and

9-14 (b) Thirty days after the election, for the remaining period up to the

9-15 election,

9-16 [report] list each contribution received or made by the committee in excess

9-17 of $100 on a form provided by the secretary of state and signed under

9-18 penalty of perjury.

9-19 2. If a petition for the purpose of recalling a public officer is not filed

9-20 before the expiration of the notice of intent, the committee for the recall of

9-21 a public officer shall, not later than 30 days after the expiration of the

9-22 notice of intent, [report] list each contribution received or made by the

9-23 committee in excess of $100.

9-24 3. If a court does not order a special election for the recall of the public

9-25 officer, the committee for the recall of a public officer shall, not later than

9-26 30 days after the court determines that an election will not be held, for the

9-27 period from the filing of the notice of intent to circulate the petition for

9-28 recall up to the day the court determines that an election will not be held,

9-29 [report] list each contribution received or made by the committee in excess

9-30 of $100.

9-31 4. Each report of contributions must be filed with the secretary of state.

9-32 The committee may mail the report by certified mail. If certified mail is

9-33 used, the date of mailing shall be deemed the date of filing.

9-34 5. [Each] The name and address of the contributor and the date on

9-35 which the contribution was received must be included on the list for each

9-36 contribution, whether from or to a natural person, association or

9-37 corporation, in excess of $100 and contributions which a contributor or the

9-38 committee has made cumulatively in excess of that amount since the

9-39 beginning of the first reporting period . [must be separately identified with

9-40 the name and address of the contributor or person to whom the contribution

9-41 was given and the date of the contribution, tabulated and reported on the

9-42 form provided by the secretary of state.] The form designed and provided

9-43 by the secretary of state for the reporting of contributions pursuant to

10-1 this section must be designed to be used by the committee to record in the

10-2 form of a list each contribution as it is received or made.

10-3 Sec. 10. NRS 294A.280 is hereby amended to read as follows:

10-4 294A.280 1. Except as otherwise provided in subsection 3, each

10-5 committee for the recall of a public officer shall, not later than:

10-6 (a) Seven days before the special election to recall a public officer, for

10-7 the period from the filing of the notice of intent to circulate the petition for

10-8 recall up to 12 days before the special election; and

10-9 (b) Thirty days after the election, for the remaining period up to the

10-10 election,

10-11 [report] list each expenditure made by the committee in excess of $100 on a

10-12 form provided by the secretary of state and signed under penalty of perjury.

10-13 2. If a petition for the purpose of recalling a public officer is not filed

10-14 before the expiration of the notice of intent, the committee for the recall of

10-15 a public officer shall, not later than 30 days after the expiration of the

10-16 notice of intent, [report] list each expenditure made by the committee in

10-17 excess of $100.

10-18 3. If a court does not order a special election for the recall of the public

10-19 officer, the committee for the recall of a public officer shall, not later than

10-20 30 days after the court determines that an election will not be held, for the

10-21 period from the filing of the notice of intent to circulate the petition for

10-22 recall up to the day the court determines that an election will not be held,

10-23 [report] list each expenditure made by the committee in excess of $100.

10-24 4. The report must also include identification of expenditures which the

10-25 committee for the recall of a public officer made cumulatively in excess of

10-26 $100 since the beginning of the first reporting period.

10-27 5. Each report of expenditures must be filed with the secretary of state.

10-28 The committee may mail the report by certified mail. If certified mail is

10-29 used, the date of mailing shall be deemed the date of filing.

10-30 6. The form designed and provided by the secretary of state for the

10-31 reporting of expenditures pursuant to this section must be designed to be

10-32 used by a committee to record in the form of a list each expenditure as it

10-33 is made.

10-34 Sec. 11. NRS 294A.345 is hereby amended to read as follows:

10-35 294A.345 1. A person shall not, with actual malice and the intent to

10-36 impede the success of the campaign of a candidate, [cause] impede the

10-37 success of the candidate by causing to be published a false statement of

10-38 fact concerning the candidate, including, without limitation, statements

10-39 concerning:

10-40 (a) The education or training of the candidate.

10-41 (b) The profession or occupation of the candidate.

11-1 (c) Whether the candidate committed, was indicted for committing or

11-2 was convicted of committing a felony or other crime involving moral

11-3 turpitude, dishonesty or corruption.

11-4 (d) Whether the candidate has received treatment for a mental illness.

11-5 (e) Whether the candidate was disciplined while serving in the military

11-6 or was dishonorably discharged from service in the military.

11-7 (f) Whether another person endorses or opposes the candidate.

11-8 (g) The record of voting of a candidate if he formerly served or

11-9 currently serves as a public officer.

11-10 2. [A person shall not, with actual malice and the intent to impede the

11-11 success of a campaign for the passage or defeat of a question on the ballot

11-12 at any election, including any recall or special election, cause to be

11-13 published a false statement of fact concerning the question on the ballot.

11-14 3.] Any candidate who alleges that a false statement of fact concerning

11-15 the candidate has been published in violation of subsection 1 [, and any

11-16 person or group of persons that advocates the passage or defeat of a

11-17 question on the ballot at any election, is required to file a report pursuant to

11-18 NRS 294A.150, and alleges that a false statement of fact has been

11-19 published in violation of subsection 2,] may file a request for an opinion

11-20 with the commission on ethics pursuant to NRS 281.411 to 281.581,

11-21 inclusive, and NRS 281.477. The commission shall give priority to such a

11-22 request over all other matters pending with the commission.

11-23 [4.] 3. A person who violates the provisions of this section is subject

11-24 to a civil penalty that may be imposed by the commission on ethics

11-25 pursuant to NRS 281.551.

11-26 [5.] 4. As used in this section:

11-27 (a) "Actual malice" means knowledge of the falsity of a statement or

11-28 reckless disregard for whether a statement is true or false.

11-29 (b) "Publish" means the act of printing, posting, broadcasting, mailing,

11-30 speaking or otherwise disseminating.

11-31 Sec. 12. NRS 294A.360 is hereby amended to read as follows:

11-32 294A.360 1. Every candidate for city office where the general city

11-33 election is preceded by a primary city election shall file the reports in the

11-34 manner required by NRS 294A.120, 294A.200 and 294A.350 for other

11-35 offices not later than:

11-36 (a) Seven days before the primary city election, for the period from 30

11-37 days after the last election for that office up to 12 days before the primary

11-38 city election;

11-39 (b) Seven days before the general city election, whether or not the

11-40 candidate won the primary city election, for the period from 12 days before

11-41 the primary city election up to 12 days before the general city election; and

11-42 (c) The 15th day of the second month after the general city election, for

11-43 the remaining period up to 30 days after the general city election.

12-1 2. Every candidate for city office where there is no primary city

12-2 election shall so file those reports:

12-3 (a) Seven days before the general city election, for the period from 30

12-4 days after the last election for that office up to 12 days before the general

12-5 city election; and

12-6 (b) The 15th day of the second month after the general city election, for

12-7 the remaining period up to 30 days after the general city election.

12-8 3. The city clerk shall design the form for each report a candidate for

12-9 city office is required to file pursuant to NRS 294A.120 and 294A.200.

12-10 The form designed and provided by the city clerk for the reporting of

12-11 campaign contributions and campaign expenses pursuant to this section

12-12 must be designed to be used to record in the form of a list each campaign

12-13 contribution as it is made and each campaign expense as it is
12-14 incurred.

12-15 The city clerk shall submit the form to the secretary of state for approval.

12-16 The city clerk shall not use such a form until it is approved.

12-17 Sec. 13. NRS 294A.380 is hereby amended to read as follows:

12-18 294A.380 The secretary of state may adopt and promulgate

12-19 regulations, prescribe forms in accordance with the provisions of this

12-20 chapter and take such other actions as are necessary for the implementation

12-21 and effective administration of the provisions of this chapter.

12-22 Sec. 14. NRS 281.477 is hereby amended to read as follows:

12-23 281.477 1. If a request for an opinion is filed with the commission

12-24 pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a

12-25 public hearing on the request. Except as otherwise provided in subsection

12-26 6, the hearing must be held as expeditiously as possible, but not later than

12-27 15 days after the receipt of the request for the opinion.

12-28 2. Such a request must be accompanied by all evidence and arguments

12-29 to be offered by the requester concerning the issues related to the request.

12-30 Except as otherwise provided in this subsection, if such evidence and

12-31 arguments are not submitted with the request, the commission may:

12-32 (a) Draw any conclusions it deems appropriate from the failure of the

12-33 person or group of persons requesting the opinion to submit the evidence

12-34 and arguments, other than a conclusion that a person alleged to have

12-35 violated NRS 294A.345 acted with actual malice; and

12-36 (b) Decline to render an opinion.

12-37 The provisions of this subsection do not prohibit the commission from

12-38 considering evidence or arguments presented by the requester after

12-39 submission of the request for an opinion if the commission determines that

12-40 consideration of such evidence or arguments is in the interest of justice.

12-41 3. The commission shall immediately notify any person alleged to have

12-42 violated NRS 294A.345 or 294A.346 that such an opinion has been

12-43 requested by the most expedient means possible. If notice is given orally by

13-1 telephone or in any other manner, a second notice must be given in writing

13-2 [no] not later than the next calendar day by facsimile machine or overnight

13-3 mail. The notice must include the time and place of the commission’s

13-4 hearing on the matter.

13-5 4. A person notified pursuant to subsection 3 shall submit a response to

13-6 the commission [no] not later than [at] the close of business on the second

13-7 business day following the receipt of the notice. The response must be

13-8 accompanied by any evidence concerning the issues related to the request

13-9 that the person has in his possession or may obtain without undue financial

13-10 hardship. Except as otherwise provided in this subsection, if such evidence

13-11 is not submitted within that time, the commission may:

13-12 (a) Draw any conclusions it deems appropriate from the failure of that

13-13 person to submit the evidence and argument; and

13-14 (b) Prohibit that person from responding and presenting evidence at the

13-15 hearing.

13-16 The provisions of this subsection do not prohibit the commission from

13-17 allowing that person to respond and present evidence or arguments, or both,

13-18 after the close of business on the second business day if the commission

13-19 determines that consideration of such evidence or arguments is in the

13-20 interest of justice.

13-21 5. Except as otherwise provided in subsection 4, the commission shall

13-22 allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

13-23 (a) Be represented by counsel; and

13-24 (b) Hear the evidence presented to the commission and respond and

13-25 present evidence on his own behalf.

13-26 6. At the request of:

13-27 (a) The person or group of persons that filed the request for the opinion

13-28 pursuant to NRS 294A.345 or 294A.346; or

13-29 (b) The person alleged to have violated the provisions of NRS

13-30 294A.345 or 294A.346,

13-31 the commission may grant a continuance of a hearing held pursuant to the

13-32 provisions of this section upon a showing of the existence of extraordinary

13-33 circumstances that would prohibit the commission from rendering a fair and

13-34 impartial opinion. A continuance may be granted for not more than 15

13-35 days. Not more than one continuance may be granted by the commission

13-36 pursuant to this subsection.

13-37 7. The person or group of persons that filed the request for the opinion

13-38 pursuant to NRS 294A.345 or 294A.346 has the burden of proving the

13-39 elements of the offense, including that a person alleged to have violated

13-40 NRS 294A.345 acted with actual malice. The existence of actual malice

13-41 may not be presumed. A final opinion of the commission rendered pursuant

13-42 to this section must be supported by clear and convincing evidence. In

13-43 addition to the other requirements for issuing an opinion pursuant to this

14-1 subsection, the commission shall not render a final opinion determining

14-2 that a person has violated NRS 294A.345 unless the commission makes

14-3 specific findings that:

14-4 (a) The person caused to be published a false statement of fact

14-5 concerning a candidate;

14-6 (b) The person acted with actual malice in causing the false statement

14-7 to be published;

14-8 (c) The person acted with the intent to impede the success of the

14-9 campaign of the candidate in causing the false statement to be published;

14-10 and

14-11 (d) The publication of the false statement did in fact impede the

14-12 success of the campaign of the candidate.

14-13 8. The commission shall render its opinion, or decline to render an

14-14 opinion, as expeditiously as possible, but not later than 3 days after the date

14-15 of the hearing. If additional time is required to determine the state of mind

14-16 or the intent of the person alleged to have violated the provisions of NRS

14-17 294A.345 or 294A.346 or to determine the amount of any civil penalty that

14-18 may be imposed pursuant to NRS 281.551, the commission may continue

14-19 its jurisdiction to investigate those issues but shall render its opinion as to

14-20 the truth or falsity of the statement made concerning the candidate or the

14-21 ballot question or its opinion as to whether the person impeded the success

14-22 of the campaign or induced another person to impede the success of the

14-23 campaign. If the commission continues its jurisdiction pursuant to this

14-24 subsection, it may render a final opinion after the time set forth in this

14-25 subsection.

14-26 9. A final opinion of the commission rendered pursuant to this section

14-27 is subject to judicial review pursuant to NRS 233B.130. The district court

14-28 shall give a petition for judicial review of a final opinion of the commission

14-29 priority over other civil matters that are not expressly given priority by law.

14-30 Notwithstanding the provisions of NRS 233B.130, the court may provide

14-31 for such expedited review of the final opinion, including shortened periods

14-32 for filing documents, as it deems appropriate for the circumstances.

14-33 10. Each request for an opinion filed pursuant to NRS 294A.345 or

14-34 294A.346, each opinion rendered by the commission pursuant thereto and

14-35 any motion, evidence or record of a hearing relating to the request are

14-36 public and must be open to inspection pursuant to NRS 239.010.

14-37 11. For the purposes of NRS 41.032, the members of the commission

14-38 and its employees shall be deemed to be exercising or performing a

14-39 discretionary function or duty when taking any action related to the

14-40 rendering of an opinion pursuant to this section.

14-41 12. Except as otherwise provided in this section, a meeting or hearing

14-42 held by the commission to carry out the provisions of this section and the

15-1 commission’s deliberations on the information or evidence are not subject

15-2 to any provision of chapter 241 of NRS.

15-3 13. As used in this section:

15-4 (a) "Actual malice" has the meaning ascribed to it in NRS 294A.345.

15-5 (b) "Publish" has the meaning ascribed to it in NRS 294A.345.

15-6 Sec. 15. NRS 281.551 is hereby amended to read as follows:

15-7 281.551 1. In addition to any other penalty provided by law, the

15-8 commission may impose on a public officer or employee or former public

15-9 officer or employee civil penalties not to exceed $5,000 for a willful

15-10 violation of this chapter.

15-11 2. In addition to other penalties provided by law, the commission may

15-12 impose a civil penalty not to exceed $5,000 and assess an amount equal to

15-13 the amount of attorney’s fees and costs actually and reasonably incurred by

15-14 the person about whom an opinion was requested pursuant to NRS

15-15 281.511, against a person who:

15-16 (a) Submits to the commission, in bad faith or with a vexatious purpose,

15-17 an accusation or information that is false;

15-18 (b) Submits to the commission, in connection with a request for an

15-19 opinion that the commission determines to be without merit, an accusation

15-20 or information that is false; or

15-21 (c) Prevents, interferes with or attempts to prevent or interfere with the

15-22 discovery or investigation of a violation of this chapter.

15-23 3. If the commission finds that a violation of a provision of this chapter

15-24 by a public officer or employee or former public officer or employee has

15-25 resulted in the realization by another person of a financial benefit, the

15-26 commission may, in addition to other penalties provided by law, require the

15-27 current or former public officer or employee to pay a civil penalty of not

15-28 more than twice the amount so realized.

15-29 4. Except as otherwise provided in this subsection, and in addition to

15-30 any other penalty provided by law, the commission may impose on any

15-31 person who violates any provision of NRS 294A.345 or 294A.346 a civil

15-32 penalty not to exceed $10,000. [If] Except as otherwise provided in this

15-33 subsection, if the commission finds that a violation of NRS 294A.345 or

15-34 294A.346 occurred within 10 days before an election, including any recall

15-35 or special election, the commission may impose on the person who

15-36 committed such a violation a civil penalty not to exceed $30,000. The

15-37 commission shall not impose a civil penalty for a violation of NRS

15-38 294A.345 unless the commission has made the specific findings required

15-39 pursuant to subsection 7 of NRS 281.477.

15-40 5. If the commission finds that a violation of this chapter has been

15-41 committed by a public officer removable from office by impeachment only,

15-42 it shall file a report with the appropriate person responsible for

16-1 commencing impeachment proceedings as to its finding. The report must

16-2 contain a statement of the facts alleged to constitute the violation.

16-3 6. An action taken by a public officer or employee or former public

16-4 officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505

16-5 is not a willful violation of a provision of those sections if the public officer

16-6 or employee:

16-7 (a) Relied in good faith upon the advice of the legal counsel retained by

16-8 the public body which the public officer represents or by the employer of

16-9 the public employee;

16-10 (b) Was unable, through no fault of his own, to obtain an opinion from

16-11 the commission before the action was taken; and

16-12 (c) Took action that was not contrary to a prior opinion issued by the

16-13 commission to the public officer or employee.

16-14 7. In addition to other penalties provided by law, a public employee

16-15 who willfully violates a provision of NRS 281.481, 281.491, 281.501 or

16-16 281.505 is subject to disciplinary proceedings by his employer and must be

16-17 referred for action in accordance to the applicable provisions governing his

16-18 employment.

16-19 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the

16-20 effect of the provisions of the Nevada Revised Statutes which define crimes

16-21 or prescribe punishments with respect to the conduct of public officers or

16-22 employees.

16-23 9. The imposition of a civil penalty pursuant to subsections 1 to 4,

16-24 inclusive, is a final decision for the purposes of judicial review.

16-25 10. In determining for the purposes of this section whether a person

16-26 submitted an accusation or information in bad faith or with a vexatious

16-27 purpose, the commission may consider various factors, including, without

16-28 limitation:

16-29 (a) When the accusation or information was filed with or provided to the

16-30 commission;

16-31 (b) Whether and, if applicable, in what manner the person who

16-32 submitted the accusation or information publicly disseminated the

16-33 accusation or information before the commission determined whether there

16-34 was just and sufficient cause to render an opinion in the matter;

16-35 (c) Whether the accusation or information sets forth alleged facts or

16-36 details that are misleading or deceptive; and

16-37 (d) Whether the accusation or information or the conduct of the person

16-38 who submitted the accusation or information:

16-39 (1) Would be perceived as annoying or harassing by a reasonable

16-40 person; or

16-41 (2) Demonstrates conscious disregard for the process and procedures

16-42 established by the commission.

16-43 Sec. 16. NRS 294A.385 is hereby repealed.

17-1 Sec. 17. The amendatory provisions of this act do not apply to conduct

17-2 that occurred before July 1, 1999, or to the jurisdiction, duties, powers or

17-3 proceedings of the commission on ethics relating to such conduct.

17-4 Sec. 18. This act becomes effective on July 1, 1999.

 

17-5 TEXT OF REPEALED SECTION

 

17-6 294A.385 Creation of simplified forms for use by candidate who

17-7 receives less than $1,000 in contributions. The secretary of state shall

17-8 adopt regulations that prescribe simplified forms for the reports of

17-9 campaign contributions and expenses required by NRS 294A.120,

17-10 294A.200 and 294A.360 for a candidate who receives less than $1,000 in

17-11 campaign contributions.

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