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
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 thereto1-2
a new section to read as follows:1-3
1. Each report of expenses or expenditures required pursuant to NRS1-4
294A.125, 294A.200, 294A.210, 294A.220 and 294A.280 must consist of1-5
a list of the expenses incurred or expenditures made during the periods1-6
for reporting. The list must state the category and amount of the expense1-7
or expenditure and the approximate date on which the expense was1-8
incurred or the expenditure was made.1-9
2. The categories of expense or expenditure for use on the report of1-10
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 would2-7
otherwise have been paid; and2-8
(j) Other miscellaneous expenses.2-9
Sec. 2. NRS 294A.120 is hereby amended to read as follows: 294A.120 1. Every candidate for state, district, county or township2-11
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 days2-13
before the regular session of the legislature after the last election for that2-14
office up to 12 days before the primary election;2-15
(b) Seven days before the general election, whether or not the candidate2-16
won the primary election, for the period from 12 days before the primary2-17
election up to 12 days before the general election; and2-18
(c) The 15th day of the second month after the general election, for the2-19
remaining period up to 30 days before the next regular session of the2-20
legislature,2-21
2-22
receives during the period on forms designed and provided by the2-23
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 a2-25
district office at a special election shall, not later than:2-26
(a) Seven days before the special election, for the period from his2-27
nomination up to 12 days before the special election; and2-28
(b) Thirty days after the special election, for the remaining period up to2-29
the special election,2-30
2-31
receives during the period on forms designed and provided by the2-32
secretary of state and signed by the candidate under penalty of perjury.2-33
3. Every candidate for state, district, county, municipal or township2-34
office at a special election to determine whether a public officer will be2-35
recalled shall2-36
contributions he receives on forms designed and provided by the secretary2-37
of state and signed by the candidate under penalty of perjury, 30 days after2-38
the special election, for the period from the filing of the notice of intent to2-39
circulate the petition for recall up to the special election.2-40
4. Reports of campaign contributions must be filed with the officer2-41
with whom the candidate filed the declaration of candidacy or acceptance2-42
of candidacy. A candidate may mail the report to that officer by certified3-1
mail. If certified mail is used, the date of mailing shall be deemed the date3-2
of filing.3-3
5. Every county clerk who receives from candidates for legislative or3-4
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 copy3-6
of each report with the secretary of state within 10 working days after he3-7
receives the report.3-8
6.3-9
which the contribution was received must be included on the list for each3-10
contribution in excess of $100 and contributions which a contributor has3-11
made cumulatively in excess of that amount since the beginning of the first3-12
reporting period .3-13
3-14
3-15
provided by the secretary of state for the reporting of contributions3-16
pursuant to this section must be designed to be used by a candidate to3-17
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: 294A.125 1. In addition to complying with the requirements set forth3-20
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives3-21
contributions in any year before the year in which the general election or3-22
general city election in which the candidate intends to seek election to3-23
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
3-26
receives during the period.3-27
(b) Each year after the year in which he received contributions in excess3-28
of $10,000, until the year of the general election or general city election in3-29
which the candidate intends to seek election to public office is held,3-30
3-31
in that year.3-32
2. The reports required by subsection 1 must be submitted on a form3-33
designed and provided by the secretary of state and signed by the candidate3-34
under penalty of perjury.3-35
3.3-36
which the contribution was received must be included on the list for each3-37
contribution in excess of $100 and contributions that a contributor has3-38
made cumulatively in excess of that amount .3-39
3-40
3-41
3-42
3-43
4-1
4-2
by the secretary of state for the reporting of contributions and4-3
expenditures pursuant to this section must be designed to be used by a4-4
candidate to record in the form of a list each campaign contribution as4-5
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: 294A.140 1. Every person who is not under the direction or control4-9
of a candidate or group of candidates or of any person involved in the4-10
campaign of that candidate or group who makes an expenditure on behalf4-11
of the candidate or group which is not solicited or approved by the4-12
candidate or group, and every committee for political action, political party4-13
and committee sponsored by a political party which makes an expenditure4-14
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 the4-16
period from 30 days after the last election for that office to 12 days before4-17
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 city4-20
election, for the period from 12 days before the primary election or primary4-21
city election to 12 days before the general election or general city election;4-22
and4-23
(c) The 15th day of the second month after the general election or4-24
general city election, for the remaining period up to 30 days after the4-25
general election or general city election,4-26
4-27
period on the form designed and provided by the secretary of state and4-28
shall sign the report under penalty of perjury.4-29
2. The4-30
address of the contributor and the date on which the contribution was4-31
received must be included on the list for each contribution in excess of4-32
$1004-33
cumulatively in excess of $100 since the beginning of the first reporting4-34
period .4-35
4-36
4-37
and provided by the secretary of state for the reporting of contributions4-38
pursuant to this section must be designed to be used by the person,4-39
committee for political action, political party or committee sponsored by4-40
a political party to record in the form of a list each contribution as it is4-41
received.4-42
3. If the candidate is elected from one county, the reports must be filed4-43
with the county clerk of that county. If the candidate is elected from one5-1
city, the reports must be filed with the city clerk of that city. For all other5-2
candidates the reports must be filed with the secretary of state. A person or5-3
entity may file the report with the appropriate officer by certified mail. If5-4
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 to5-6
subsection 3 shall file a copy of the report with the secretary of state within5-7
10 working days after he receives the report.5-8
Sec. 5. NRS 294A.150 is hereby amended to read as follows: 294A.150 1. Every person or group of persons organized formally or5-10
informally who advocates the passage or defeat of a question or group of5-11
questions on the ballot at any election including any recall or special5-12
election shall, not later than:5-13
(a) Seven days before a primary election or primary city election, for the5-14
period from 30 days after the last general election to 12 days before the5-15
primary election or primary city election;5-16
(b) Seven days before a general election or general city election, for the5-17
period from 12 days before the primary election or primary city election to5-18
12 days before the general election or general city election; and5-19
(c) The 15th day of the second month after the general election or5-20
general city election, for the remaining period up to 30 days after the5-21
general election or general city election,5-22
5-23
period on the form designed and provided by the secretary of state and5-24
signed by the person or a representative of the group under penalty of5-25
perjury.5-26
2.5-27
which the contribution was received must be included on the list for each5-28
contribution in excess of $100 and contributions which a contributor has5-29
made cumulatively in excess of that amount since the beginning of the first5-30
reporting period .5-31
5-32
5-33
provided by the secretary of state for the reporting of contributions5-34
pursuant to this section must be designed to be used to record in the form5-35
of a list each contribution as it is received.5-36
3. If the question is submitted to the voters of only one county, the5-37
reports must be filed with the county clerk of that county. If the question is5-38
submitted to the voters of only one city, the reports must be filed with the5-39
city clerk of that city. Otherwise, the reports must be filed with the5-40
secretary of state. If the person or group of persons is advocating passage5-41
or defeat of a group of questions, the reports must be made to the officer5-42
appropriate for each question and must be itemized by question.6-1
4. Each county clerk or city clerk who receives a report pursuant to6-2
subsection 3 shall file a copy of the report with the secretary of state within6-3
10 working days after he receives the report.6-4
Sec. 6. NRS 294A.200 is hereby amended to read as follows: 294A.200 1. Every candidate for state, district, county or township6-6
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 days6-8
before the regular session of the legislature after the last election for that6-9
office up to 12 days before the primary election;6-10
(b) Seven days before the general election, whether or not the candidate6-11
won the primary election, for the period from 12 days before the primary6-12
election up to 12 days before the general election; and6-13
(c) The 15th day of the second month after the general election, for the6-14
remaining period up to 30 days before the next regular session of the6-15
legislature,6-16
6-17
on forms designed and provided by the secretary of state and signed by the6-18
candidate under penalty of perjury.6-19
2. Except as otherwise provided in subsection 3, every candidate for a6-20
district office at a special election shall, not later than:6-21
(a) Seven days before the special election, for the period from his6-22
nomination up to 12 days before the special election; and6-23
(b) Sixty days after the special election, for the remaining period up to6-24
30 days after the special election,6-25
6-26
on forms designed and provided by the secretary of state and signed by the6-27
candidate under penalty of perjury.6-28
3. Every candidate for state, district, county, municipal or township6-29
office at a special election to determine whether a public officer will be6-30
recalled shall6-31
designed and provided by the secretary of state and signed by the candidate6-32
under penalty of perjury, 60 days after the special election, for the period6-33
from the filing of the notice of intent to circulate the petition for recall up to6-34
30 days after the special election.6-35
4. Reports of campaign expenses must be filed with the officer with6-36
whom the candidate filed the declaration of candidacy or acceptance of6-37
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 of6-39
filing.6-40
5. County clerks who receive from candidates for legislative or judicial6-41
office, except the office of justice of the peace or municipal judge, reports6-42
of campaign expenses pursuant to subsection 4 shall file a copy of each7-1
report with the secretary of state within 10 working days after he receives7-2
the report.7-3
6. The forms designed and provided by the secretary of state for the7-4
reporting of campaign expenses pursuant to this section must be7-5
designed to be used by a candidate to record in the form of a list each7-6
campaign expense as he incurs it.7-7
Sec. 7. NRS 294A.210 is hereby amended to read as follows: 294A.210 1. Every person who is not under the direction or control7-9
of a candidate or group of candidates or of any person involved in the7-10
campaign of that candidate or group who makes an expenditure on behalf7-11
of the candidate or group which is not solicited or approved by the7-12
candidate or group, and every committee for political action, political party7-13
or committee sponsored by a political party which makes an expenditure on7-14
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 the7-16
period from 30 days after the last election for that office to 12 days before7-17
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 city7-20
election, for the period from 12 days before the primary election or primary7-21
city election to 12 days before the general election or general city election;7-22
and7-23
(c) The 15th day of the second month after a general election or general7-24
city election, for the remaining period up to 30 days after the general7-25
election or general city election,7-26
7-27
behalf of a candidate or group of candidates in excess of $100 on forms7-28
designed and provided by the secretary of state and signed by the person or7-29
a representative of the group under penalty of perjury. The report must also7-30
include identification of expenditures which the person or group made7-31
cumulatively in excess of $100 since the beginning of the first reporting7-32
period.7-33
2. Expenditures made within the state or made elsewhere but for use7-34
within the state, including expenditures made outside the state for printing,7-35
television and radio broadcasting or other production of the media, must be7-36
included in the report.7-37
3. If the candidate is elected from one county, the reports must be filed7-38
with the county clerk of that county. If the candidate is elected from one7-39
city, the reports must be filed with the city clerk of that city. Otherwise, the7-40
reports must be filed with the secretary of state. If an expenditure is made7-41
on behalf of a group of candidates, the reports must be made to the officer7-42
appropriate for each candidate and itemized by the candidate. A person8-1
may make his report to the appropriate officer by certified mail. If certified8-2
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 to8-4
subsection 3 shall file a copy of the report with the secretary of state within8-5
10 working days after he receives the report.8-6
5. The forms designed and provided by the secretary of state for the8-7
reporting of expenditures pursuant to this section must be designed to be8-8
used by the person or representative of the group to record in the form of8-9
a list each expenditure as it is made.8-10
Sec. 8. NRS 294A.220 is hereby amended to read as follows: 294A.220 1. Every person or group of persons organized formally or8-12
informally who advocates the passage or defeat of a question or group of8-13
questions on the ballot at any election including any recall or special8-14
election shall, not later than:8-15
(a) Seven days before a primary election or primary city election, for the8-16
period from 30 days after the last general election to 12 days before the8-17
primary election or primary city election;8-18
(b) Seven days before a general election or general city election, for the8-19
period from 12 days before the primary election or primary city election to8-20
12 days before the general election or general city election; and8-21
(c) The 15th day of the second month after the general election or8-22
general city election, for the remaining period up to 30 days after the8-23
general election or general city election,8-24
8-25
behalf of or against a question or group of questions on the ballot in excess8-26
of $100 on the form designed and provided by the secretary of state and8-27
signed by the person or a representative of the group under penalty of8-28
perjury. The report must also include the identification of expenditures8-29
which the person or group made cumulatively in excess of $100 since the8-30
beginning of the first reporting period.8-31
2. Expenditures made within the state or made elsewhere but for use8-32
within the state, including expenditures made outside the state for printing,8-33
television and radio broadcasting or other production of the media, must be8-34
included in the report.8-35
3. If the question is submitted to the voters of only one county, the8-36
reports must be filed with the county clerk of that county. If the question is8-37
submitted to the voters of only one city, the reports must be filed with the8-38
city clerk of that city. Otherwise, the reports must be filed with the8-39
secretary of state. If an expenditure is made on behalf of a group of8-40
questions, the reports must be made to the officer appropriate for each8-41
question and must be itemized by question. A person may make his report8-42
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 to9-2
subsection 3 shall file a copy of the report with the secretary of state within9-3
10 working days after he receives the report.9-4
5. The form designed and provided by the secretary of state for the9-5
reporting of expenditures pursuant to this section must be designed to be9-6
used by the person or representative of the group to record in the form of9-7
a list each expenditure as it is made.9-8
Sec. 9. NRS 294A.270 is hereby amended to read as follows: 294A.270 1. Except as otherwise provided in subsection 3, each9-10
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, for9-12
the period from the filing of the notice of intent to circulate the petition for9-13
recall up to 12 days before the special election; and9-14
(b) Thirty days after the election, for the remaining period up to the9-15
election,9-16
9-17
of $100 on a form provided by the secretary of state and signed under9-18
penalty of perjury.9-19
2. If a petition for the purpose of recalling a public officer is not filed9-20
before the expiration of the notice of intent, the committee for the recall of9-21
a public officer shall, not later than 30 days after the expiration of the9-22
notice of intent,9-23
committee in excess of $100.9-24
3. If a court does not order a special election for the recall of the public9-25
officer, the committee for the recall of a public officer shall, not later than9-26
30 days after the court determines that an election will not be held, for the9-27
period from the filing of the notice of intent to circulate the petition for9-28
recall up to the day the court determines that an election will not be held,9-29
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 is9-33
used, the date of mailing shall be deemed the date of filing.9-34
5.9-35
which the contribution was received must be included on the list for each9-36
contribution, whether from or to a natural person, association or9-37
corporation, in excess of $100 and contributions which a contributor or the9-38
committee has made cumulatively in excess of that amount since the9-39
beginning of the first reporting period .9-40
9-41
9-42
9-43
by the secretary of state for the reporting of contributions pursuant to10-1
this section must be designed to be used by the committee to record in the10-2
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: 294A.280 1. Except as otherwise provided in subsection 3, each10-5
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, for10-7
the period from the filing of the notice of intent to circulate the petition for10-8
recall up to 12 days before the special election; and10-9
(b) Thirty days after the election, for the remaining period up to the10-10
election,10-11
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 filed10-14
before the expiration of the notice of intent, the committee for the recall of10-15
a public officer shall, not later than 30 days after the expiration of the10-16
notice of intent,10-17
excess of $100.10-18
3. If a court does not order a special election for the recall of the public10-19
officer, the committee for the recall of a public officer shall, not later than10-20
30 days after the court determines that an election will not be held, for the10-21
period from the filing of the notice of intent to circulate the petition for10-22
recall up to the day the court determines that an election will not be held,10-23
10-24
4. The report must also include identification of expenditures which the10-25
committee for the recall of a public officer made cumulatively in excess of10-26
$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 is10-29
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 the10-31
reporting of expenditures pursuant to this section must be designed to be10-32
used by a committee to record in the form of a list each expenditure as it10-33
is made.10-34
Sec. 11. NRS 294A.345 is hereby amended to read as follows: 294A.345 1. A person shall not, with actual malice and the intent to10-36
impede the success of the campaign of a candidate,10-37
success of the candidate by causing to be published a false statement of10-38
fact concerning the candidate, including, without limitation, statements10-39
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 or11-2
was convicted of committing a felony or other crime involving moral11-3
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 military11-6
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 or11-9
currently serves as a public officer.11-10
2.11-11
11-12
11-13
11-14
11-15
the candidate has been published in violation of subsection 111-16
11-17
11-18
11-19
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 a11-22
request over all other matters pending with the commission.11-23
11-24
to a civil penalty that may be imposed by the commission on ethics11-25
pursuant to NRS 281.551.11-26
11-27
(a) "Actual malice" means knowledge of the falsity of a statement or11-28
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: 294A.360 1. Every candidate for city office where the general city11-33
election is preceded by a primary city election shall file the reports in the11-34
manner required by NRS 294A.120, 294A.200 and 294A.350 for other11-35
offices not later than:11-36
(a) Seven days before the primary city election, for the period from 3011-37
days after the last election for that office up to 12 days before the primary11-38
city election;11-39
(b) Seven days before the general city election, whether or not the11-40
candidate won the primary city election, for the period from 12 days before11-41
the primary city election up to 12 days before the general city election; and11-42
(c) The 15th day of the second month after the general city election, for11-43
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 city12-2
election shall so file those reports:12-3
(a) Seven days before the general city election, for the period from 3012-4
days after the last election for that office up to 12 days before the general12-5
city election; and12-6
(b) The 15th day of the second month after the general city election, for12-7
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 for12-9
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 of12-11
campaign contributions and campaign expenses pursuant to this section12-12
must be designed to be used to record in the form of a list each campaign12-13
contribution as it is made and each campaign expense as it is12-15
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: 294A.380 The secretary of state may adopt and promulgate12-19
regulations, prescribe forms in accordance with the provisions of this12-20
chapter and take such other actions as are necessary for the implementation12-21
and effective administration of the provisions of this chapter.12-22
Sec. 14. NRS 281.477 is hereby amended to read as follows: 281.477 1. If a request for an opinion is filed with the commission12-24
pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a12-25
public hearing on the request. Except as otherwise provided in subsection12-26
6, the hearing must be held as expeditiously as possible, but not later than12-27
15 days after the receipt of the request for the opinion.12-28
2. Such a request must be accompanied by all evidence and arguments12-29
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 and12-31
arguments are not submitted with the request, the commission may:12-32
(a) Draw any conclusions it deems appropriate from the failure of the12-33
person or group of persons requesting the opinion to submit the evidence12-34
and arguments, other than a conclusion that a person alleged to have12-35
violated NRS 294A.345 acted with actual malice; and12-36
(b) Decline to render an opinion.12-37
The provisions of this subsection do not prohibit the commission from12-38
considering evidence or arguments presented by the requester after12-39
submission of the request for an opinion if the commission determines that12-40
consideration of such evidence or arguments is in the interest of justice.12-41
3. The commission shall immediately notify any person alleged to have12-42
violated NRS 294A.345 or 294A.346 that such an opinion has been12-43
requested by the most expedient means possible. If notice is given orally by13-1
telephone or in any other manner, a second notice must be given in writing13-2
13-3
mail. The notice must include the time and place of the commission’s13-4
hearing on the matter.13-5
4. A person notified pursuant to subsection 3 shall submit a response to13-6
the commission13-7
business day following the receipt of the notice. The response must be13-8
accompanied by any evidence concerning the issues related to the request13-9
that the person has in his possession or may obtain without undue financial13-10
hardship. Except as otherwise provided in this subsection, if such evidence13-11
is not submitted within that time, the commission may:13-12
(a) Draw any conclusions it deems appropriate from the failure of that13-13
person to submit the evidence and argument; and13-14
(b) Prohibit that person from responding and presenting evidence at the13-15
hearing.13-16
The provisions of this subsection do not prohibit the commission from13-17
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 commission13-19
determines that consideration of such evidence or arguments is in the13-20
interest of justice.13-21
5. Except as otherwise provided in subsection 4, the commission shall13-22
allow any person alleged to have violated NRS 294A.345 or 294A.346 to:13-23
(a) Be represented by counsel; and13-24
(b) Hear the evidence presented to the commission and respond and13-25
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 opinion13-28
pursuant to NRS 294A.345 or 294A.346; or13-29
(b) The person alleged to have violated the provisions of NRS13-30
294A.345 or 294A.346,13-31
the commission may grant a continuance of a hearing held pursuant to the13-32
provisions of this section upon a showing of the existence of extraordinary13-33
circumstances that would prohibit the commission from rendering a fair and13-34
impartial opinion. A continuance may be granted for not more than 1513-35
days. Not more than one continuance may be granted by the commission13-36
pursuant to this subsection.13-37
7. The person or group of persons that filed the request for the opinion13-38
pursuant to NRS 294A.345 or 294A.346 has the burden of proving the13-39
elements of the offense, including that a person alleged to have violated13-40
NRS 294A.345 acted with actual malice. The existence of actual malice13-41
may not be presumed. A final opinion of the commission rendered pursuant13-42
to this section must be supported by clear and convincing evidence. In13-43
addition to the other requirements for issuing an opinion pursuant to this14-1
subsection, the commission shall not render a final opinion determining14-2
that a person has violated NRS 294A.345 unless the commission makes14-3
specific findings that:14-4
(a) The person caused to be published a false statement of fact14-5
concerning a candidate;14-6
(b) The person acted with actual malice in causing the false statement14-7
to be published;14-8
(c) The person acted with the intent to impede the success of the14-9
campaign of the candidate in causing the false statement to be published;14-10
and14-11
(d) The publication of the false statement did in fact impede the14-12
success of the campaign of the candidate.14-13
8. The commission shall render its opinion, or decline to render an14-14
opinion, as expeditiously as possible, but not later than 3 days after the date14-15
of the hearing. If additional time is required to determine the state of mind14-16
or the intent of the person alleged to have violated the provisions of NRS14-17
294A.345 or 294A.346 or to determine the amount of any civil penalty that14-18
may be imposed pursuant to NRS 281.551, the commission may continue14-19
its jurisdiction to investigate those issues but shall render its opinion as to14-20
the truth or falsity of the statement made concerning the candidate or the14-21
ballot question or its opinion as to whether the person impeded the success14-22
of the campaign or induced another person to impede the success of the14-23
campaign. If the commission continues its jurisdiction pursuant to this14-24
subsection, it may render a final opinion after the time set forth in this14-25
subsection.14-26
9. A final opinion of the commission rendered pursuant to this section14-27
is subject to judicial review pursuant to NRS 233B.130. The district court14-28
shall give a petition for judicial review of a final opinion of the commission14-29
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 provide14-31
for such expedited review of the final opinion, including shortened periods14-32
for filing documents, as it deems appropriate for the circumstances.14-33
10. Each request for an opinion filed pursuant to NRS 294A.345 or14-34
294A.346, each opinion rendered by the commission pursuant thereto and14-35
any motion, evidence or record of a hearing relating to the request are14-36
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 commission14-38
and its employees shall be deemed to be exercising or performing a14-39
discretionary function or duty when taking any action related to the14-40
rendering of an opinion pursuant to this section.14-41
12. Except as otherwise provided in this section, a meeting or hearing14-42
held by the commission to carry out the provisions of this section and the15-1
commission’s deliberations on the information or evidence are not subject15-2
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: 281.551 1. In addition to any other penalty provided by law, the15-8
commission may impose on a public officer or employee or former public15-9
officer or employee civil penalties not to exceed $5,000 for a willful15-10
violation of this chapter.15-11
2. In addition to other penalties provided by law, the commission may15-12
impose a civil penalty not to exceed $5,000 and assess an amount equal to15-13
the amount of attorney’s fees and costs actually and reasonably incurred by15-14
the person about whom an opinion was requested pursuant to NRS15-15
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 an15-19
opinion that the commission determines to be without merit, an accusation15-20
or information that is false; or15-21
(c) Prevents, interferes with or attempts to prevent or interfere with the15-22
discovery or investigation of a violation of this chapter.15-23
3. If the commission finds that a violation of a provision of this chapter15-24
by a public officer or employee or former public officer or employee has15-25
resulted in the realization by another person of a financial benefit, the15-26
commission may, in addition to other penalties provided by law, require the15-27
current or former public officer or employee to pay a civil penalty of not15-28
more than twice the amount so realized.15-29
4. Except as otherwise provided in this subsection, and in addition to15-30
any other penalty provided by law, the commission may impose on any15-31
person who violates any provision of NRS 294A.345 or 294A.346 a civil15-32
penalty not to exceed $10,000.15-33
subsection, if the commission finds that a violation of NRS 294A.345 or15-34
294A.346 occurred within 10 days before an election, including any recall15-35
or special election, the commission may impose on the person who15-36
committed such a violation a civil penalty not to exceed $30,000. The15-37
commission shall not impose a civil penalty for a violation of NRS15-38
294A.345 unless the commission has made the specific findings required15-39
pursuant to subsection 7 of NRS 281.477.15-40
5. If the commission finds that a violation of this chapter has been15-41
committed by a public officer removable from office by impeachment only,15-42
it shall file a report with the appropriate person responsible for16-1
commencing impeachment proceedings as to its finding. The report must16-2
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 public16-4
officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.50516-5
is not a willful violation of a provision of those sections if the public officer16-6
or employee:16-7
(a) Relied in good faith upon the advice of the legal counsel retained by16-8
the public body which the public officer represents or by the employer of16-9
the public employee;16-10
(b) Was unable, through no fault of his own, to obtain an opinion from16-11
the commission before the action was taken; and16-12
(c) Took action that was not contrary to a prior opinion issued by the16-13
commission to the public officer or employee.16-14
7. In addition to other penalties provided by law, a public employee16-15
who willfully violates a provision of NRS 281.481, 281.491, 281.501 or16-16
281.505 is subject to disciplinary proceedings by his employer and must be16-17
referred for action in accordance to the applicable provisions governing his16-18
employment.16-19
8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the16-20
effect of the provisions of the Nevada Revised Statutes which define crimes16-21
or prescribe punishments with respect to the conduct of public officers or16-22
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 person16-26
submitted an accusation or information in bad faith or with a vexatious16-27
purpose, the commission may consider various factors, including, without16-28
limitation:16-29
(a) When the accusation or information was filed with or provided to the16-30
commission;16-31
(b) Whether and, if applicable, in what manner the person who16-32
submitted the accusation or information publicly disseminated the16-33
accusation or information before the commission determined whether there16-34
was just and sufficient cause to render an opinion in the matter;16-35
(c) Whether the accusation or information sets forth alleged facts or16-36
details that are misleading or deceptive; and16-37
(d) Whether the accusation or information or the conduct of the person16-38
who submitted the accusation or information:16-39
(1) Would be perceived as annoying or harassing by a reasonable16-40
person; or16-41
(2) Demonstrates conscious disregard for the process and procedures16-42
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 conduct17-2
that occurred before July 1, 1999, or to the jurisdiction, duties, powers or17-3
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 SECTION294A.385 Creation of simplified forms for use by candidate who
17-7
receives less than $1,000 in contributions. The secretary of state shall17-8
adopt regulations that prescribe simplified forms for the reports of17-9
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 in17-11
campaign contributions.~