(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 483
Assembly Bill No. 483–Assemblymen Beers, Tiffany, Berman, Brown, Carpenter, Collins, Hettrick, Humke, Lee, Marvel and Price
March 19, 2001
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes concerning reporting of campaign contributions and expenditures. (BDR 24‑557)
FISCAL NOTE: Effect on Local Government: Yes.
~
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; establishing the general form used by a candidate for reporting campaign contributions and expenses; revising the dates for filing those reports; revising the reporting period included in those reports; revising a provision governing the listing of certain categories of campaign expenses or expenditures; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 294A of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. Each report of campaign contributions and expenses that is filed
1-4 pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 must be
1-5 substantially in the following form:
1-6 SECTION 1: SUMMARY OF CAMPAIGN CONTRIBUTIONS AND
1-7 EXPENSES DURING THE REPORTING PERIOD
1-8 1. Total amount of the balances of all bank
1-9 accounts for the campaign at the beginning of
1-10 the reporting period
1-11 (Amount of line 1 that is from a previous
1-12 campaign ____ )
1-13 2. Total amount of contributions received
1-14 during the reporting period that are each in
1-15 excess of $100
2-1 3. Total amount of contributions received
2-2 during the reporting period that are each $100
2-3 or less
2-4 4. The total amount of expenses incurred by the
2-5 candidate and of disposals made by the
2-6 candidate pursuant to NRS 294A.160 during the
2-7 reporting period that are each in excess of $100
2-8 5. The total amount of expenses incurred by the
2-9 candidate and of disposals made by the
2-10 candidate pursuant to NRS 294A.160 during the
2-11 reporting period that are each $100 or less
2-12 6. Total amount of any interest or income
2-13 earned on all bank accounts for the campaign
2-14 during the reporting period
2-15 7. Total amount of the balances of all bank
2-16 accounts for the campaign at the end of the
2-17 reporting period
2-18 SECTION 2: EACH CONTRIBUTION RECEIVED DURING THE
2-19 REPORTING PERIOD
2-20 SECTION 2A: EACH LOAN RECEIVED
2-21 Name and address of lenderDate of loan Amount of loan
2-22 SECTION 2B: EACH OTHER CONTRIBUTION RECEIVED
2-23 Name and address of contributorDate of Amount of
2-24 contributioncontribution
2-25 (Complete this column only if the
2-26 contribution is in excess of $100
2-27 or the contributions of the contributor
2-28 since the beginning of the reporting
2-29 period cumulatively exceed $100)
2-30 SECTION 3: EACH EXPENSE INCURRED AND EACH AMOUNT
2-31 DISPOSED OF PURSUANT TO NRS 294A.160 BY THE CANDIDATE
2-32 DURING THE REPORTING PERIOD THAT IS IN EXCESS OF $100
2-33 Name and address of recipientCategory ofDate of Amount of
2-34 paymentpayment payment
2-35 2. The secretary of state shall design the specific format of the form
2-36 set forth in this section for each candidate who is required to use the
2-37 form to file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.
2-38 Each city clerk shall design the specific format of the form set forth in
2-39 this section for each candidate who is required to use the form to file a
2-40 report pursuant to NRS 294A.360. The secretary of state and each city
2-41 clerk shall design the format of the form so that a candidate who uses the
2-42 form may record in the form a list of each campaign contribution as the
2-43 contribution is received, each amount in excess of $100 that is disposed
3-1 of pursuant to NRS 294A.160 as the amount is disposed of and each
3-2 expense in excess of $100 as it is incurred.
3-3 3. Upon request, the secretary of state shall provide a copy of the
3-4 form set forth in this section to each candidate who is required to file a
3-5 report of his campaign contributions and expenses pursuant to NRS
3-6 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall
3-7 provide a copy of the form set forth in this section to each candidate who
3-8 is required to file a report of his campaign contributions and expenses
3-9 pursuant to NRS 294A.360.
3-10 Sec. 2. NRS 294A.120 is hereby amended to read as follows:
3-11 294A.120 1. Every candidate for state, district, county or township
3-12 office at a primary or general election shall, not later than January 15 of
3-13 each year that the provisions of this subsection apply to the candidate, for
3-14 the period from January 1 of the previous year through December 31 of
3-15 the previous year, list each of the campaign contributions he received
3-16 during the period on the form set forth in section 1 of this act and
3-17 provided by the secretary of state. The form must be signed by the
3-18 candidate under penalty of perjury. The provisions of this subsection
3-19 apply to the candidate beginning the year of the general election for that
3-20 office through the year immediately preceding the next general election
3-21 for that office.
3-22 2. Every candidate for state, district, county or township office at a
3-23 primary or general election shall, if the general election for the office for
3-24 which he is a candidate is held on or after January 1 and before the
3-25 July 1 immediately following that January 1, not later than:
3-26 (a) Seven days before the primary election[,] for that office, for the
3-27 period from [30 days before the regular session of the legislature after the
3-28 last election for that office up to] the January 1 immediately preceding the
3-29 primary election through 12 days before the primary election;
3-30 (b) Seven days before the general election[, whether or not the
3-31 candidate won the primary election,] for that office, for the period from
3-32 [12] 11 days before the primary election [up to] through 12 days before the
3-33 general election; [and
3-34 (c) The 15th day of the second month after the general election, for the
3-35 remaining period up to 30 days before the next regular session of the
3-36 legislature,]
3-37 (c) July 15 of the year of the general election for that office, for the
3-38 period from 11 days before the general election through June 30 of that
3-39 year; and
3-40 (d) January 15 of the year immediately following the general election
3-41 for that office, for the period from the July 1 through the December 31
3-42 immediately preceding that January 15,
3-43 list each of the campaign contributions he receives during the period on
3-44 [forms designed and] the form set forth in section 1 of this act and
3-45 provided by the secretary of state . [and] The form must be signed by the
3-46 candidate under penalty of perjury.
3-47 [2.] 3. Every candidate for state, district, county or township office at
3-48 a primary or general election shall, if the general election for the office
4-1 for which he is a candidate is held on or after July 1 and before the
4-2 January 1 immediately following that July 1, not later than:
4-3 (a) Seven days before the primary election for that office, for the
4-4 period from the January 1 immediately preceding the primary election
4-5 through 12 days before the primary election;
4-6 (b) Seven days before the general election for that office, for the
4-7 period from 11 days before the primary election through 12 days before
4-8 the general election; and
4-9 (c) January 15 of the year immediately following the general election
4-10 for that office, for the period from 11 days before the general election
4-11 through the December 31 immediately preceding that January 15,
4-12 list each of the campaign contributions he received during the period on
4-13 the form set forth in section 1 of this act and provided by the secretary of
4-14 state. The form must be signed by the candidate under penalty of perjury.
4-15 4. Except as otherwise provided in subsection [3,] 5, every candidate
4-16 for a district office at a special election shall, not later than:
4-17 (a) Seven days before the special election, for the period from his
4-18 nomination [up to] through 12 days before the special election; and
4-19 (b) Thirty days after the special election, for the remaining period [up
4-20 to] through the special election,
4-21 list each of the campaign contributions he receives during the period on
4-22 [forms designed and] the form set forth in section 1 of this act and
4-23 provided by the secretary of state . [and] The form must be signed by the
4-24 candidate under penalty of perjury.
4-25 [3.] 5. Every candidate for state, district, county, municipal or
4-26 township office at a special election to determine whether a public officer
4-27 will be recalled shall list each of the campaign contributions he receives on
4-28 [forms designed and] the form set forth in section 1 of this act provided
4-29 by the secretary of state and signed by the candidate under penalty of
4-30 perjury, 30 days after:
4-31 (a) The special election, for the period from the filing of the notice of
4-32 intent to circulate the petition for recall [up to] through the special
4-33 election; or
4-34 (b) A district court determines that the petition for recall is legally
4-35 insufficient pursuant to subsection 5 of NRS 306.040, for the period from
4-36 the filing of the notice of intent to circulate the petition for recall [up to]
4-37 through the date of the district court’s decision.
4-38 [4.] 6. Reports of campaign contributions must be filed with the
4-39 officer with whom the candidate filed the declaration of candidacy or
4-40 acceptance of candidacy. A candidate may mail the report to that officer by
4-41 certified mail. If certified mail is used, the date of mailing shall be deemed
4-42 the date of filing.
4-43 [5.] 7. Every county clerk who receives from candidates for legislative
4-44 or judicial office, except the office of justice of the peace or municipal
4-45 judge, reports of campaign contributions pursuant to subsection [4] 6 shall
4-46 file a copy of each report with the secretary of state within 10 working days
4-47 after he receives the report.
4-48 [6.] 8. The name and address of the contributor and the date on which
4-49 the contribution was received must be included on the list for each
5-1 contribution in excess of $100 and contributions which a contributor has
5-2 made cumulatively in excess of that amount since the beginning of the
5-3 [first] current reporting period. [The form designed and provided by the
5-4 secretary of state for the reporting of contributions pursuant to this section
5-5 must be designed to be used by a candidate to record in the form of a list
5-6 each campaign contribution as he receives it.]
5-7 Sec. 3. NRS 294A.125 is hereby amended to read as follows:
5-8 294A.125 1. [In addition to complying with the requirements set
5-9 forth in NRS 294A.120, 294A.200 and 294A.360, a] A candidate who
5-10 receives contributions in any year before the year [in which the general
5-11 election or general city election in which the candidate intends to seek
5-12 election to public office is held,] for which he is required to file a report
5-13 pursuant to NRS 294A.120, 294A.200 or 294A.360, shall, for:
5-14 (a) The year in which he receives contributions in excess of $10,000,
5-15 list each of the contributions he receives and the expenditures in excess of
5-16 $100 he made in that year.
5-17 (b) Each year after the year in which he received contributions in excess
5-18 of $10,000, until the year [of the general election or general city election in
5-19 which the candidate intends to seek election to public office is held,] for
5-20 which he is required to file a report pursuant to NRS 294A.120,
5-21 294A.200 or 294A.360, list each of the contributions he received and the
5-22 expenditures in excess of $100 he made in that year.
5-23 2. The reports required by subsection 1 must be submitted on [a form
5-24 designed and] the form set forth in section 1 of this act and provided by
5-25 the secretary of state and must be signed by the candidate under penalty of
5-26 perjury.
5-27 3. The name and address of the contributor and the date on which the
5-28 contribution was received must be included on the list for each contribution
5-29 in excess of $100 and contributions that a contributor has made
5-30 cumulatively in excess of that amount[. The forms designed and provided
5-31 by the secretary of state for the reporting of contributions and expenditures
5-32 pursuant to this section must be designed to be used by a candidate to
5-33 record in the form of a list each campaign contribution as he receives it and
5-34 each expenditure as it is made.] since the beginning of the current
5-35 reporting period.
5-36 4. The report must be filed:
5-37 (a) With the officer with whom the candidate will file the declaration of
5-38 candidacy or acceptance of candidacy for the public office the candidate
5-39 intends to seek. A candidate may mail the report to that officer by certified
5-40 mail. If certified mail is used, the date of mailing shall be deemed the date
5-41 of filing.
5-42 (b) On or before January 15 of the year immediately after the year for
5-43 which the report is made.
5-44 5. A county clerk who receives from a candidate for legislative or
5-45 judicial office, except the office of justice of the peace or municipal judge,
5-46 a report of contributions and expenditures pursuant to subsection 4shall
5-47 file a copy of the report with the secretary of state within 10 working days
5-48 after he receives the report.
6-1 Sec. 4. NRS 294A.200 is hereby amended to read as follows:
6-2 294A.200 1. Every candidate for state, district, county or township
6-3 office at a primary or general election shall, not later than January 15 of
6-4 each year that the provisions of this subsection apply to the candidate, for
6-5 the period from January 1 of the previous year through December 31 of
6-6 the previous year, list each of the campaign expenses in excess of $100
6-7 that he incurs and each amount in excess of $100 that he disposes of
6-8 pursuant to NRS 294A.160 during the period on the form set forth in
6-9 section 1 of this act and provided by the secretary of state. The form must
6-10 be signed by the candidate under penalty of perjury. The provisions of
6-11 this subsection apply to the candidate:
6-12 (a) Beginning the year of the general election for that office through
6-13 the year immediately preceding the next general election for that office;
6-14 and
6-15 (b) Each year immediately succeeding a calendar year during which
6-16 the candidate disposes of contributions pursuant to NRS 294A.160.
6-17 2. Every candidate for state, district, county or township office at a
6-18 primary or general election shall, if the general election for the office for
6-19 which he is a candidate is held on or after January 1 and before the
6-20 July 1 immediately following that January 1, not later than:
6-21 (a) Seven days before the primary election[,] for that office, for the
6-22 period from [30 days before the regular session of the legislature after the
6-23 last election for that office up to] the January 1 immediately preceding the
6-24 primary election through 12 days before the primary election;
6-25 (b) Seven days before the general election[, whether or not the
6-26 candidate won the primary election,] for that office, for the period from
6-27 [12] 11 days before the primary election [up to] through 12 days before the
6-28 general election; [and
6-29 (c) The 15th day of the second month after the general election, for the
6-30 remaining period up to 30 days before the next regular session of the
6-31 legislature,]
6-32 (c) July 15 of the year of the general election for that office, for the
6-33 period from 11 days before the general election through June 30 of that
6-34 year; and
6-35 (d) January 15 of the year immediately following the general election
6-36 for that office, for the period from the July 1 through the December 31
6-37 immediately preceding that January 15,
6-38 list each of the campaign expenses in excess of $100 that he incurs during
6-39 the period on [forms designed and] the form set forth in section 1 of this
6-40 act and provided by the secretary of state . [and] The form must be signed
6-41 by the candidate under penalty of perjury.
6-42 [2.] 3. Every candidate for state, district, county or township office at
6-43 a primary or general election shall, if the general election for the office
6-44 for which he is a candidate is held on or after July 1 and before the
6-45 January 1 immediately following that July 1, not later than:
6-46 (a) Seven days before the primary election for that office, for the
6-47 period from the January 1 immediately preceding the primary election
6-48 through 12 days before the primary election;
7-1 (b) Seven days before the general election for that office, for the
7-2 period from 11 days before the primary election through 12 days before
7-3 the general election; and
7-4 (c) January 15 of the year immediately following the general election
7-5 for that office, for the period from 11 days before the general election
7-6 through the December 31 immediately preceding that January 15,
7-7 list each of the campaign expenses in excess of $100 that he incurs
7-8 during the period on the form set forth in section 1 of this act and
7-9 provided by the secretary of state. The form must be signed by the
7-10 candidate under penalty of perjury.
7-11 4. Except as otherwise provided in subsection [3,] 5, every candidate
7-12 for a district office at a special election shall, not later than:
7-13 (a) Seven days before the special election, for the period from his
7-14 nomination [up to] through 12 days before the special election; and
7-15 (b) [Sixty] Thirty days after the special election, for the remaining
7-16 period [up to 30 days after] through the special election,
7-17 list each of the campaign expenses in excess of $100 that he incurs during
7-18 the period on [forms designed and] the form set forth in section 1 of this
7-19 act and provided by the secretary of state . [and] The form must be signed
7-20 by the candidate under penalty of perjury.
7-21 [3.] 5. Every candidate for state, district, county, municipal or
7-22 township office at a special election to determine whether a public officer
7-23 will be recalled shall list each of the campaign expenses in excess of $100
7-24 that he incurs on [forms designed and] the form set forth in section 1 of
7-25 this act provided by the secretary of state and signed by the candidate
7-26 under penalty of perjury, [60] 30 days after:
7-27 (a) The special election, for the period from the filing of the notice of
7-28 intent to circulate the petition for recall [up to 30 days after] through the
7-29 special election; or
7-30 (b) [A] If the special election is not held because a district court
7-31 determines that the petition for recall is legally insufficient pursuant to
7-32 subsection 5 of NRS 306.040, for the period from the filing of the notice of
7-33 intent to circulate the petition for recall [up to] through the date of the
7-34 district court’s decision.
7-35 [4.] 6. Reports of campaign expenses must be filed with the officer
7-36 with whom the candidate filed the declaration of candidacy or acceptance
7-37 of candidacy. A candidate may mail the report to that officer by certified
7-38 mail. If certified mail is used, the date of mailing shall be deemed the date
7-39 of filing.
7-40 [5. County clerks who receive]
7-41 7. A county clerk who receives from candidates for legislative or
7-42 judicial office, except the office of justice of the peace or municipal judge,
7-43 reports of campaign expenses pursuant to subsection [4] 6 shall file a copy
7-44 of each report with the secretary of state within 10 working days after he
7-45 receives the report.
7-46 [6. The forms designed and provided by the secretary of state for the
7-47 reporting of campaign expenses pursuant to this section must be designed
7-48 to be used by a candidate to record in the form of a list each campaign
7-49 expense as he incurs it.]
8-1 Sec. 5. NRS 294A.360 is hereby amended to read as follows:
8-2 294A.360 1. Every candidate for city office [where the] at a primary
8-3 city election or general city election [is preceded by a primary city
8-4 election] shall file the reports in the manner required by NRS 294A.120[,
8-5 294A.200 and 294A.350] and 294A.200 for other offices not later than
8-6 January 15 of each year that the provisions of this subsection apply to
8-7 the candidate, for the period from January 1 of the previous year
8-8 through December 31 of the previous year. The provisions of this
8-9 subsection apply to the candidate:
8-10 (a) Beginning the year of the general city election for that office
8-11 through the year immediately preceding the next general city election for
8-12 that office; and
8-13 (b) Each year immediately succeeding a calendar year during which
8-14 the candidate disposes of contributions pursuant to NRS 294A.160.
8-15 2. Every candidate for city office at a primary city election or general
8-16 city election, if the general city election for the office for which he is a
8-17 candidate is held on or after January 1 and before the July 1 immediately
8-18 following that January 1, shall file the reports in the manner required by
8-19 NRS 294A.120 and 294A.200 for other offices not later than:
8-20 (a) Seven days before the primary city election[,] for that office, for the
8-21 period from [30 days after the last election for that office up to] the
8-22 January 1 immediately preceding the primary city election through 12
8-23 days before the primary city election;
8-24 (b) Seven days before the general city election[, whether or not the
8-25 candidate won the primary city election,] for that office, for the period
8-26 from [12] 11 days before the primary city election [up to] through 12 days
8-27 before the general city election; [and
8-28 (c) The 15th day of the second month after the general city election, for
8-29 the remaining period up to 30 days after the general city election.
8-30 2. Every]
8-31 (c) July 15 of the year of the general city election for that office, for
8-32 the period from 11 days before the general city election through the
8-33 June 30 of that year; and
8-34 (d) January 15 of the year immediately following the general city
8-35 election for that office, for the period from the July 1 through the
8-36 December 31 immediately preceding that January 15.
8-37 3. Every candidate for city office at a primary city election or general
8-38 city election, if the general city election for the office for which he is a
8-39 candidate is held on or after July 1 and before the January 1 immediately
8-40 following that July 1, shall file the reports in the manner required by
8-41 NRS 294A.120 and 294A.200 for other offices not later than:
8-42 (a) Seven days before the primary city election for that office, for the
8-43 period from the January 1 immediately preceding the primary city
8-44 election through 12 days before the primary city election;
8-45 (b) Seven days before the general city election for that office, for the
8-46 period from 11 days before the primary city election through 12 days
8-47 before the general city election; and
8-48 (c) January 15 of the year immediately following the general city
8-49 election for that office, for the period from 11 days before the general city
9-1 election through the December 31 immediately preceding that
9-2 January 15.
9-3 4. Except as otherwise provided in subsection 5, every candidate for
9-4 city office [where there is no primary city] at a special election shall so file
9-5 those reports:
9-6 (a) Seven days before the [general city] special election, for the period
9-7 from [30 days after the last election for that office up to] his nomination
9-8 through 12 days before the [general city] special election; and
9-9 (b) [The 15th day of the second month] Thirty days after the [general
9-10 city] special election, for the remaining period [up to 30 days after the
9-11 general city election.
9-12 3. The city clerk shall design the form for each report a candidate for
9-13 city office is required to file pursuant to NRS 294A.120 and 294A.200.
9-14 The form designed and provided by the city clerk for the reporting of
9-15 campaign contributions and campaign expenses pursuant to this section
9-16 must be designed to be used to record in the form of a list each campaign
9-17 contribution as it is made and each campaign expense as it is incurred.
9-18 The city clerk shall submit the form to the secretary of state for approval.
9-19 The city clerk shall not use such a form until it is approved.] through the
9-20 special election.
9-21 5. Every candidate for city office at a special election to determine
9-22 whether a public officer will be recalled shall so file those reports 30 days
9-23 after:
9-24 (a) The special election, for the period from the filing of the notice of
9-25 intent to circulate the petition for recall through the special election; or
9-26 (b) If the special election is not held because a district court
9-27 determines that the petition for recall is legally insufficient pursuant to
9-28 subsection 5 of NRS 306.040, for the period from the filing of the notice
9-29 of intent to circulate the petition for recall through the date of the district
9-30 court’s decision.
9-31 Sec. 6. NRS 294A.365 is hereby amended to read as follows:
9-32 294A.365 1. Each report of [expenses or] expenditures required
9-33 pursuant to NRS [294A.125, 294A.200,] 294A.210, 294A.220 and
9-34 294A.280 must consist of a list of the [expenses incurred or] expenditures
9-35 made during the periods for reporting. Each report of expenses required
9-36 pursuant to NRS 294A.125 and 294A.200 must consist of a list of each
9-37 expense in excess of $100 that was incurred during the periods for
9-38 reporting. The list in each report must state the category and amount of
9-39 the expense or expenditure and the [approximate] date on which the
9-40 expense was incurred or the expenditure was made.
9-41 2. The categories of expense or expenditure for use on the report of
9-42 expenses or expenditures are:
9-43 (a) Office expenses;
9-44 (b) Expenses related to volunteers;
9-45 (c) Expenses related to travel;
9-46 (d) Expenses related to advertising;
9-47 (e) Expenses related to paid staff;
9-48 (f) Expenses related to consultants;
9-49 (g) Expenses related to polling;
10-1 (h) Expenses related to special events;
10-2 (i) Goods and services provided in kind for which money would
10-3 otherwise have been paid; and
10-4 (j) Other miscellaneous expenses.
10-5 3. The secretary of state and each city clerk shall not require a
10-6 candidate to provide separately the total amount of each category of
10-7 expenses described in this section.
10-8 Sec. 7. NRS 294A.390 is hereby amended to read as follows:
10-9 294A.390 The officer from whom a candidate or entity requests a form
10-10 for:
10-11 1. A declaration of candidacy;
10-12 2. An acceptance of candidacy;
10-13 3. The registration of a committee for political action pursuant to NRS
10-14 294A.230 or a committee for the recall of a public officer pursuant to NRS
10-15 294A.250; or
10-16 4. The reporting of campaign contributions, expenses or expenditures
10-17 pursuant to NRS 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200,
10-18 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,
10-19 shall furnish the candidate with the necessary forms for reporting and
10-20 copies of the regulations adopted by the secretary of state pursuant to this
10-21 chapter. An explanation of the applicable provisions of NRS 294A.100,
10-22 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,
10-23 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making,
10-24 accepting or reporting of campaign contributions, expenses or expenditures
10-25 and the penalties for a violation of those provisions as set forth in NRS
10-26 294A.100 or 294A.420 must be printed on the forms. The candidate or
10-27 entity shall acknowledge receipt of the material.
10-28 Sec. 8. NRS 294A.420 is hereby amended to read as follows:
10-29 294A.420 1. If the secretary of state receives information that a
10-30 person or entity that is subject to the provisions of NRS 294A.120,
10-31 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210, 294A.220,
10-32 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the
10-33 applicable provisions of those sections, the secretary of state may, after
10-34 giving notice to that person or entity, cause the appropriate proceedings to
10-35 be instituted in the first judicial district court.
10-36 2. Except as otherwise provided in this section, a person or entity that
10-37 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,
10-38 294A.140, 294A.150, 294A.160, 294A.170, [294A.180,] 294A.200,
10-39 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,
10-40 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000
10-41 for each violation and payment of court costs and attorney’s fees. The civil
10-42 penalty must be recovered in a civil action brought in the name of the State
10-43 of Nevada by the secretary of state in the first judicial district court and
10-44 deposited with the state treasurer for credit to the state general fund.
10-45 3. If a civil penalty is imposed because a person or entity has reported
10-46 its contributions, expenses or expenditures after the date the report is due,
10-47 the amount of the civil penalty is:
10-48 (a) If the report is not more than 7 days late, $25 for each day the report
10-49 is late.
11-1 (b) If the report is more than 7 days late but not more than 15 days late,
11-2 $50 for each day the report is late.
11-3 (c) If the report is more than 15 days late, $100 for each day the report
11-4 is late.
11-5 4. For good cause shown, the secretary of state may waive a civil
11-6 penalty that would otherwise be imposed pursuant to this section. If the
11-7 secretary of state waives a civil penalty pursuant to this subsection, the
11-8 secretary of state shall:
11-9 (a) Create a record which sets forth that the civil penalty has been
11-10 waived and describes the circumstances that constitute the good cause
11-11 shown; and
11-12 (b) Ensure that the record created pursuant to paragraph (a) is available
11-13 for review by the general public.
11-14 Sec. 9. NRS 294A.180 is hereby repealed.
11-15 TEXT OF REPEALED SECTION
11-16 294A.180 Candidate or elected public officer to file report relating
11-17 to disposition of unspent contributions; procedure for reporting.
11-18 294A.180 1. Each candidate for a state, district, county, city or
11-19 township office who is not elected to that office shall, not later than the
11-20 15th day of the second month after his defeat, file a report with the
11-21 secretary of state stating the amount of contributions which he received for
11-22 that campaign but did not spend and the disposition of those unspent
11-23 contributions.
11-24 2. Each public officer who is elected to a state, district, county, city or
11-25 township office shall file a report:
11-26 (a) Not later than the 15th day of the second month after his election,
11-27 stating the amount of campaign contributions which he received but did not
11-28 spend and the amount, if any, of those unspent contributions disposed of
11-29 pursuant to subsection 2 of NRS 294A.160 as of the last day of the first
11-30 month after his election;
11-31 (b) Not later than January 15th of each year of his term beginning the
11-32 year after he filed the report required by paragraph (a), stating the amount,
11-33 if any, of those unspent contributions disposed of pursuant to NRS
11-34 294A.160 during the period from the last date covered by his last report
11-35 through December 31 of the immediately preceding year and the manner in
11-36 which they were disposed of; and
11-37 (c) Not later than the 15th day of the second month after he no longer
11-38 holds that office, stating the amount and disposition of any remaining
11-39 unspent contributions.
11-40 3. The reports required by subsections 1 and 2 must be submitted on a
11-41 form designed and provided by the secretary of state and signed by the
11-42 candidate or public officer under penalty of perjury.
11-43 4. A public officer filing a report pursuant to subsection 2:
11-44 (a) Shall file the report with the officer with whom he filed his
11-45 declaration of candidacy or acceptance of candidacy.
12-1 (b) May file the report by certified mail. If certified mail is used, the
12-2 date of mailing shall be deemed the date of filing.
12-3 5. A county clerk who receives from a legislative or judicial officer,
12-4 other than a justice of the peace or municipal judge, a report pursuant to
12-5 subsection 4 shall file a copy of the report with the secretary of state within
12-6 10 working days after he receives the report.
12-7 H