(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD 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 to be used by a candidate for reporting certain campaign contributions and expenses; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; revising the dates for filing those reports; revising the reporting period included in those reports; revising provisions 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 the provisions set forth as sections 2 and 3 of this act.
1-3 Sec. 2. 1. Except as otherwise provided in section 3 of this act,
1-4 each report of campaign contributions and expenses that is filed
1-5 pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 must be
1-6 substantially in the following form:
1-7 SECTION 1: SUMMARY OF CAMPAIGN CONTRIBUTIONS AND
1-8 EXPENSES DURING THE REPORTING PERIOD
1-9 1. Total amount of the balances of all bank
1-10 accounts for the campaign at the beginning of
1-11 the reporting period
1-12 (Amount of line 1 that is from a previous
1-13 campaign ____ )
1-14 2. Total amount of contributions received
1-15 during the reporting period that are each in
1-16 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 as reconciled with the most
2-18 recent bank statements for those accounts
2-19 SECTION 2: EACH CONTRIBUTION RECEIVED DURING THE
2-20 REPORTING PERIOD
2-21 SECTION 2A: EACH LOAN RECEIVED
2-22 Name and address of lenderDate of loan Amount of loan
2-23 SECTION 2B: EACH OTHER CONTRIBUTION RECEIVED
2-24 Name and address of contributorDate of Amount of
2-25 contributioncontribution
2-26 (Complete this column only if the
2-27 contribution is in excess of $100
2-28 or the contributions of the contributor
2-29 since the beginning of the reporting
2-30 period cumulatively exceed $100)
2-31 SECTION 3: EACH EXPENSE INCURRED AND EACH AMOUNT
2-32 DISPOSED OF PURSUANT TO NRS 294A.160 BY THE CANDIDATE
2-33 DURING THE REPORTING PERIOD THAT IS IN EXCESS OF $100
2-34 Name and address of recipientCategory ofDate of Amount of
2-35 paymentpayment payment
2-36 2. The secretary of state shall design the specific format of the form
2-37 set forth in this section for each candidate who is required to use the
2-38 form to file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.
2-39 Each city clerk shall design the specific format of the form set forth in
2-40 this section for each candidate who is required to use the form to file a
2-41 report pursuant to NRS 294A.360. The secretary of state and each city
2-42 clerk shall design the format of the form so that a candidate who uses the
2-43 form may record in the form a list of each campaign contribution as the
3-1 contribution is received, each amount in excess of $100 that is disposed
3-2 of pursuant to NRS 294A.160 as the amount is disposed of and each
3-3 expense in excess of $100 as it is incurred.
3-4 3. Upon request, the secretary of state shall provide a copy of the
3-5 form set forth in this section to each candidate who is required to file a
3-6 report of his campaign contributions and expenses pursuant to NRS
3-7 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall
3-8 provide a copy of the form set forth in this section to each candidate who
3-9 is required to file a report of his campaign contributions and expenses
3-10 pursuant to NRS 294A.360.
3-11 4. As used in this section:
3-12 (a) “Contribution” does not include the value of goods and services
3-13 provided in kind for which money would have otherwise been paid.
3-14 (b) “Expense” does not include the value of goods and services
3-15 provided in kind for which money would have otherwise been paid.
3-16 Sec. 3. 1. In addition to the form set forth in section 2 of this act,
3-17 each candidate who is required to file a report of campaign contributions
3-18 and expenses pursuant to NRS 294A.120, 294A.125, 294A.200 or
3-19 294A.360 must file a separate form relating to goods and services
3-20 provided in kind for which money would otherwise have been paid. The
3-21 candidate shall list on the form each such campaign contribution he
3-22 receives and expense he incurs during the reporting period.
3-23 2. The secretary of state shall design the form described in
3-24 subsection 1 for each candidate who is required to use the form to file a
3-25 report pursuant to NRS 294A.120, 294A.125 or 294A.200. The city clerk
3-26 shall design the form described in subsection 1 for each candidate who is
3-27 required to use the form to file a report pursuant to NRS 294A.360. The
3-28 secretary of state and each city clerk shall design the format of the form
3-29 described in subsection 1 so that a candidate who uses the form may
3-30 record in the form a list of each such campaign contribution as the
3-31 contribution is received and expense in excess of $100 as it is incurred.
3-32 3. Upon request, the secretary of state shall provide a copy of the
3-33 form described in subsection 1 to each candidate who is required to file a
3-34 report of his campaign contributions and expenses pursuant to NRS
3-35 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall
3-36 provide a copy of the form described in subsection 1 to each candidate
3-37 who is required to file a report of his campaign contributions and
3-38 expenses pursuant to NRS 294A.360.
3-39 Sec. 4. NRS 294A.120 is hereby amended to read as follows:
3-40 294A.120 1. Every candidate for state, district, county or township
3-41 office at a primary or general election shall, not later than January 15 of
3-42 each year that the provisions of this subsection apply to the candidate, for
3-43 the period from January 1 of the previous year through December 31 of
3-44 the previous year, list each of the campaign contributions he received
3-45 during the period on the forms provided by the secretary of state
3-46 pursuant to sections 2 and 3 of this act. Each form must be signed by the
3-47 candidate under penalty of perjury. The provisions of this subsection
3-48 apply to the candidate beginning the year of the general election for that
4-1 office through the year immediately preceding the next general election
4-2 for that office.
4-3 2. Every candidate for state, district, county or township office at a
4-4 primary or general election shall, if the general election for the office for
4-5 which he is a candidate is held on or after January 1 and before the
4-6 July 1 immediately following that January 1, not later than:
4-7 (a) Seven days before the primary election[,] for that office, for the
4-8 period from [30 days before the regular session of the legislature after the
4-9 last election for that office up to] the January 1 immediately preceding the
4-10 primary election through 12 days before the primary election;
4-11 (b) Seven days before the general election[, whether or not the
4-12 candidate won the primary election,] for that office, for the period from
4-13 [12] 11 days before the primary election [up to] through 12 days before the
4-14 general election; [and
4-15 (c) The 15th day of the second month after the general election, for the
4-16 remaining period up to 30 days before the next regular session of the
4-17 legislature,]
4-18 (c) July 15 of the year of the general election for that office, for the
4-19 period from 11 days before the general election through June 30 of that
4-20 year; and
4-21 (d) January 15 of the year immediately following the general election
4-22 for that office, for the period from the July 1 through the December 31
4-23 immediately preceding that January 15,
4-24 list each of the campaign contributions he receives during the period on the
4-25 forms [designed and] provided by the secretary of state [and] pursuant to
4-26 sections 2 and 3 of this act. Each form must be signed by the candidate
4-27 under penalty of perjury.
4-28 [2.] 3. Every candidate for state, district, county or township office at
4-29 a primary or general election shall, if the general election for the office
4-30 for which he is a candidate is held on or after July 1 and before the
4-31 January 1 immediately following that July 1, not later than:
4-32 (a) Seven days before the primary election for that office, for the
4-33 period from the January 1 immediately preceding the primary election
4-34 through 12 days before the primary election;
4-35 (b) Seven days before the general election for that office, for the
4-36 period from 11 days before the primary election through 12 days before
4-37 the general election; and
4-38 (c) January 15 of the year immediately following the general election
4-39 for that office, for the period from 11 days before the general election
4-40 through the December 31 immediately preceding that January 15,
4-41 list each of the campaign contributions he received during the period on
4-42 the forms provided by the secretary of state pursuant to sections 2 and 3
4-43 of this act. Each form must be signed by the candidate under penalty of
4-44 perjury.
4-45 4. Except as otherwise provided in subsection [3,] 5, every candidate
4-46 for a district office at a special election shall, not later than:
4-47 (a) Seven days before the special election, for the period from his
4-48 nomination [up to] through 12 days before the special election; and
5-1 (b) Thirty days after the special election, for the remaining period [up
5-2 to] through the special election,
5-3 list each of the campaign contributions he receives during the period on the
5-4 forms [designed and] provided by the secretary of state [and] pursuant to
5-5 sections 2 and 3 of this act. Each form must be signed by the candidate
5-6 under penalty of perjury.
5-7 [3.] 5. Every candidate for state, district, county, municipal or
5-8 township office at a special election to determine whether a public officer
5-9 will be recalled shall list each of the campaign contributions he receives on
5-10 the forms [designed and] provided by the secretary of state pursuant to
5-11 sections 2 and 3 of this act and signed by the candidate under penalty of
5-12 perjury, 30 days after:
5-13 (a) The special election, for the period from the filing of the notice of
5-14 intent to circulate the petition for recall [up to] through the special
5-15 election; or
5-16 (b) A district court determines that the petition for recall is legally
5-17 insufficient pursuant to subsection 5 of NRS 306.040, for the period from
5-18 the filing of the notice of intent to circulate the petition for recall [up to]
5-19 through the date of the district court’s decision.
5-20 [4.] 6. Reports of campaign contributions must be filed with the
5-21 officer with whom the candidate filed the declaration of candidacy or
5-22 acceptance of candidacy. A candidate may mail the [report] reports to that
5-23 officer by certified mail. If certified mail is used, the date of mailing shall
5-24 be deemed the date of filing.
5-25 [5.] 7. Every county clerk who receives from candidates for legislative
5-26 or judicial office, except the office of justice of the peace or municipal
5-27 judge, reports of campaign contributions pursuant to subsection [4] 6 shall
5-28 file a copy of each report with the secretary of state within 10 working days
5-29 after he receives the report.
5-30 [6.] 8. The name and address of the contributor and the date on which
5-31 the contribution was received must be included on the list for each
5-32 contribution in excess of $100 and contributions which a contributor has
5-33 made cumulatively in excess of that amount since the beginning of the
5-34 [first] current reporting period. [The form designed and provided by the
5-35 secretary of state for the reporting of contributions pursuant to this section
5-36 must be designed to be used by a candidate to record in the form of a list
5-37 each campaign contribution as he receives it.]
5-38 Sec. 5. NRS 294A.125 is hereby amended to read as follows:
5-39 294A.125 1. [In addition to complying with the requirements set
5-40 forth in NRS 294A.120, 294A.200 and 294A.360, a] A candidate who
5-41 receives contributions in any year before the year [in which the general
5-42 election or general city election in which the candidate intends to seek
5-43 election to public office is held,] for which he is required to file a report
5-44 pursuant to NRS 294A.120, 294A.200 or 294A.360, shall, for:
5-45 (a) The year in which he receives contributions in excess of $10,000,
5-46 list each of the contributions he receives and the expenditures in excess of
5-47 $100 he made in that year.
5-48 (b) Each year after the year in which he received contributions in excess
5-49 of $10,000, until the year [of the general election or general city election in
6-1 which the candidate intends to seek election to public office is held,] for
6-2 which he is required to file a report pursuant to NRS 294A.120,
6-3 294A.200 or 294A.360, list each of the contributions he received and the
6-4 expenditures in excess of $100 he made in that year.
6-5 2. The reports required by subsection 1 must be submitted on [a form
6-6 designed and] the forms provided by the secretary of state pursuant to
6-7 sections 2 and 3 of this act and must be signed by the candidate under
6-8 penalty of perjury.
6-9 3. The name and address of the contributor and the date on which the
6-10 contribution was received must be included on the list for each contribution
6-11 in excess of $100 and contributions that a contributor has made
6-12 cumulatively in excess of that amount[. The forms designed and provided
6-13 by the secretary of state for the reporting of contributions and expenditures
6-14 pursuant to this section must be designed to be used by a candidate to
6-15 record in the form of a list each campaign contribution as he receives it and
6-16 each expenditure as it is made.] since the beginning of the current
6-17 reporting period.
6-18 4. The [report] reports must be filed:
6-19 (a) With the officer with whom the candidate will file the declaration of
6-20 candidacy or acceptance of candidacy for the public office the candidate
6-21 intends to seek. A candidate may mail the [report] reports to that officer by
6-22 certified mail. If certified mail is used, the date of mailing shall be deemed
6-23 the date of filing.
6-24 (b) On or before January 15 of the year immediately after the year for
6-25 which [the] a report is made.
6-26 5. A county clerk who receives from a candidate for legislative or
6-27 judicial office, except the office of justice of the peace or municipal judge,
6-28 a report of contributions and expenditures pursuant to subsection 4shall
6-29 file a copy of the report with the secretary of state within 10 working days
6-30 after he receives the report.
6-31 Sec. 6. NRS 294A.200 is hereby amended to read as follows:
6-32 294A.200 1. Every candidate for state, district, county or township
6-33 office at a primary or general election shall, not later than January 15 of
6-34 each year that the provisions of this subsection apply to the candidate, for
6-35 the period from January 1 of the previous year through December 31 of
6-36 the previous year, list each of the campaign expenses in excess of $100
6-37 that he incurs during the period on the forms provided by the secretary of
6-38 state pursuant to sections 2 and 3 of this act. Each such candidate shall,
6-39 not later than January 15 of each year that the provisions of this
6-40 subsection apply to the candidate, for the period from January 1 of the
6-41 previous year through December 31 of the previous year, list each
6-42 amount in excess of $100 that he disposes of pursuant to NRS 294A.160
6-43 during the period on the form provided by the secretary of state pursuant
6-44 to section 2 of this act. Each form must be signed by the candidate under
6-45 penalty of perjury. The provisions of this subsection apply to the
6-46 candidate:
6-47 (a) Beginning the year of the general election for that office through
6-48 the year immediately preceding the next general election for that office;
6-49 and
7-1 (b) Each year immediately succeeding a calendar year during which
7-2 the candidate disposes of contributions pursuant to NRS 294A.160.
7-3 2. Every candidate for state, district, county or township office at a
7-4 primary or general election shall, if the general election for the office for
7-5 which he is a candidate is held on or after January 1 and before the
7-6 July 1 immediately following that January 1, not later than:
7-7 (a) Seven days before the primary election[,] for that office, for the
7-8 period from [30 days before the regular session of the legislature after the
7-9 last election for that office up to] the January 1 immediately preceding the
7-10 primary election through 12 days before the primary election;
7-11 (b) Seven days before the general election[, whether or not the
7-12 candidate won the primary election,] for that office, for the period from
7-13 [12] 11 days before the primary election [up to] through 12 days before the
7-14 general election; [and
7-15 (c) The 15th day of the second month after the general election, for the
7-16 remaining period up to 30 days before the next regular session of the
7-17 legislature,]
7-18 (c) July 15 of the year of the general election for that office, for the
7-19 period from 11 days before the general election through June 30 of that
7-20 year; and
7-21 (d) January 15 of the year immediately following the general election
7-22 for that office, for the period from the July 1 through the December 31
7-23 immediately preceding that January 15,
7-24 list each of the campaign expenses in excess of $100 that he incurs during
7-25 the period on the forms [designed and] provided by the secretary of state
7-26 [and] pursuant to sections 2 and 3 of this act. Each form must be signed
7-27 by the candidate under penalty of perjury.
7-28 [2.] 3. Every candidate for state, district, county or township office at
7-29 a primary or general election shall, if the general election for the office
7-30 for which he is a candidate is held on or after July 1 and before the
7-31 January 1 immediately following that July 1, not later than:
7-32 (a) Seven days before the primary election for that office, for the
7-33 period from the January 1 immediately preceding the primary election
7-34 through 12 days before the primary election;
7-35 (b) Seven days before the general election for that office, for the
7-36 period from 11 days before the primary election through 12 days before
7-37 the general election; and
7-38 (c) January 15 of the year immediately following the general election
7-39 for that office, for the period from 11 days before the general election
7-40 through the December 31 immediately preceding that January 15,
7-41 list each of the campaign expenses in excess of $100 that he incurs
7-42 during the period on the forms provided by the secretary of state
7-43 pursuant to sections 2 and 3 of this act. Each form must be signed by the
7-44 candidate under penalty of perjury.
7-45 4. Except as otherwise provided in subsection [3,] 5, every candidate
7-46 for a district office at a special election shall, not later than:
7-47 (a) Seven days before the special election, for the period from his
7-48 nomination [up to] through 12 days before the special election; and
8-1 (b) [Sixty] Thirty days after the special election, for the remaining
8-2 period [up to 30 days after] through the special election,
8-3 list each of the campaign expenses in excess of $100 that he incurs during
8-4 the period on the forms [designed and] provided by the secretary of state
8-5 [and] pursuant to sections 2 and 3 of this act. Each form must be signed
8-6 by the candidate under penalty of perjury.
8-7 [3.] 5. Every candidate for state, district, county, municipal or
8-8 township office at a special election to determine whether a public officer
8-9 will be recalled shall list each of the campaign expenses in excess of $100
8-10 that he incurs on the forms [designed and] provided by the secretary of
8-11 state pursuant to sections 2 and 3 of this act and signed by the candidate
8-12 under penalty of perjury, [60] 30 days after:
8-13 (a) The special election, for the period from the filing of the notice of
8-14 intent to circulate the petition for recall [up to 30 days after] through the
8-15 special election; or
8-16 (b) [A] If the special election is not held because a district court
8-17 determines that the petition for recall is legally insufficient pursuant to
8-18 subsection 5 of NRS 306.040, for the period from the filing of the notice of
8-19 intent to circulate the petition for recall [up to] through the date of the
8-20 district court’s decision.
8-21 [4.] 6. Reports of campaign expenses must be filed with the officer
8-22 with whom the candidate filed the declaration of candidacy or acceptance
8-23 of candidacy. A candidate may mail the [report] reports to that officer by
8-24 certified mail. If certified mail is used, the date of mailing shall be deemed
8-25 the date of filing.
8-26 [5. County clerks who receive]
8-27 7. A county clerk who receives from candidates for legislative or
8-28 judicial office, except the office of justice of the peace or municipal judge,
8-29 reports of campaign expenses pursuant to subsection [4] 6 shall file a copy
8-30 of each report with the secretary of state within 10 working days after he
8-31 receives the report.
8-32 [6. The forms designed and provided by the secretary of state for the
8-33 reporting of campaign expenses pursuant to this section must be designed
8-34 to be used by a candidate to record in the form of a list each campaign
8-35 expense as he incurs it.]
8-36 Sec. 7. NRS 294A.360 is hereby amended to read as follows:
8-37 294A.360 1. Every candidate for city office [where the] at a primary
8-38 city election or general city election [is preceded by a primary city
8-39 election] shall file the reports in the manner required by NRS 294A.120[,
8-40 294A.200 and 294A.350] and 294A.200 for other offices not later than
8-41 January 15 of each year that the provisions of this subsection apply to
8-42 the candidate, for the period from January 1 of the previous year
8-43 through December 31 of the previous year. The provisions of this
8-44 subsection apply to the candidate:
8-45 (a) Beginning the year of the general city election for that office
8-46 through the year immediately preceding the next general city election for
8-47 that office; and
8-48 (b) Each year immediately succeeding a calendar year during which
8-49 the candidate disposes of contributions pursuant to NRS 294A.160.
9-1 2. Every candidate for city office at a primary city election or general
9-2 city election, if the general city election for the office for which he is a
9-3 candidate is held on or after January 1 and before the July 1 immediately
9-4 following that January 1, shall file the reports in the manner required by
9-5 NRS 294A.120 and 294A.200 for other offices not later than:
9-6 (a) Seven days before the primary city election[,] for that office, for the
9-7 period from [30 days after the last election for that office up to] the
9-8 January 1 immediately preceding the primary city election through 12
9-9 days before the primary city election;
9-10 (b) Seven days before the general city election[, whether or not the
9-11 candidate won the primary city election,] for that office, for the period
9-12 from [12] 11 days before the primary city election [up to] through 12 days
9-13 before the general city election; [and
9-14 (c) The 15th day of the second month after the general city election, for
9-15 the remaining period up to 30 days after the general city election.
9-16 2. Every]
9-17 (c) July 15 of the year of the general city election for that office, for
9-18 the period from 11 days before the general city election through the
9-19 June 30 of that year; and
9-20 (d) January 15 of the year immediately following the general city
9-21 election for that office, for the period from the July 1 through the
9-22 December 31 immediately preceding that January 15.
9-23 3. Every candidate for city office at a primary city election or general
9-24 city election, if the general city election for the office for which he is a
9-25 candidate is held on or after July 1 and before the January 1 immediately
9-26 following that July 1, shall file the reports in the manner required by
9-27 NRS 294A.120 and 294A.200 for other offices not later than:
9-28 (a) Seven days before the primary city election for that office, for the
9-29 period from the January 1 immediately preceding the primary city
9-30 election through 12 days before the primary city election;
9-31 (b) Seven days before the general city election for that office, for the
9-32 period from 11 days before the primary city election through 12 days
9-33 before the general city election; and
9-34 (c) January 15 of the year immediately following the general city
9-35 election for that office, for the period from 11 days before the general city
9-36 election through the December 31 immediately preceding that
9-37 January 15.
9-38 4. Except as otherwise provided in subsection 5, every candidate for
9-39 city office [where there is no primary city] at a special election shall so file
9-40 those reports:
9-41 (a) Seven days before the [general city] special election, for the period
9-42 from [30 days after the last election for that office up to] his nomination
9-43 through 12 days before the [general city] special election; and
9-44 (b) [The 15th day of the second month] Thirty days after the [general
9-45 city] special election, for the remaining period [up to 30 days after the
9-46 general city election.
9-47 3. The city clerk shall design the form for each report a candidate for
9-48 city office is required to file pursuant to NRS 294A.120 and 294A.200.
9-49 The form designed and provided by the city clerk for the reporting of
10-1 campaign contributions and campaign expenses pursuant to this section
10-2 must be designed to be used to record in the form of a list each campaign
10-3 contribution as it is made and each campaign expense as it is incurred.
10-4 The city clerk shall submit the form to the secretary of state for approval.
10-5 The city clerk shall not use such a form until it is approved.] through the
10-6 special election.
10-7 5. Every candidate for city office at a special election to determine
10-8 whether a public officer will be recalled shall so file those reports 30 days
10-9 after:
10-10 (a) The special election, for the period from the filing of the notice of
10-11 intent to circulate the petition for recall through the special election; or
10-12 (b) If the special election is not held because a district court
10-13 determines that the petition for recall is legally insufficient pursuant to
10-14 subsection 5 of NRS 306.040, for the period from the filing of the notice
10-15 of intent to circulate the petition for recall through the date of the district
10-16 court’s decision.
10-17 Sec. 8. NRS 294A.365 is hereby amended to read as follows:
10-18 294A.365 1. Each report of [expenses or] expenditures required
10-19 pursuant to NRS [294A.125, 294A.200,] 294A.210, 294A.220 and
10-20 294A.280 must consist of a list of the [expenses incurred or] expenditures
10-21 made during the periods for reporting. Each report of expenses required
10-22 pursuant to NRS 294A.125 and 294A.200 must consist of a list of each
10-23 expense in excess of $100 that was incurred during the periods for
10-24 reporting. The list in each report must state the category and amount of
10-25 the expense or expenditure and the [approximate] date on which the
10-26 expense was incurred or the expenditure was made.
10-27 2. The categories of expense or expenditure for use on the report of
10-28 expenses or expenditures are:
10-29 (a) Office expenses;
10-30 (b) Expenses related to volunteers;
10-31 (c) Expenses related to travel;
10-32 (d) Expenses related to advertising;
10-33 (e) Expenses related to paid staff;
10-34 (f) Expenses related to consultants;
10-35 (g) Expenses related to polling;
10-36 (h) Expenses related to special events;
10-37 (i) [Goods] Except as otherwise provided in section 3 of this act, goods
10-38 and services provided in kind for which money would otherwise have been
10-39 paid; and
10-40 (j) Other miscellaneous expenses.
10-41 3. The secretary of state and each city clerk shall not require a
10-42 candidate to provide separately the total amount of each category of
10-43 expenses described in this section.
10-44 Sec. 9. NRS 294A.390 is hereby amended to read as follows:
10-45 294A.390 The officer from whom a candidate or entity requests a form
10-46 for:
10-47 1. A declaration of candidacy;
10-48 2. An acceptance of candidacy;
11-1 3. The registration of a committee for political action pursuant to NRS
11-2 294A.230 or a committee for the recall of a public officer pursuant to NRS
11-3 294A.250; or
11-4 4. The reporting of campaign contributions, expenses or expenditures
11-5 pursuant to NRS 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200,
11-6 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,
11-7 shall furnish the candidate with the necessary forms for reporting and
11-8 copies of the regulations adopted by the secretary of state pursuant to this
11-9 chapter. An explanation of the applicable provisions of NRS 294A.100,
11-10 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,
11-11 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making,
11-12 accepting or reporting of campaign contributions, expenses or expenditures
11-13 and the penalties for a violation of those provisions as set forth in NRS
11-14 294A.100 or 294A.420 must be printed on the forms. The candidate or
11-15 entity shall acknowledge receipt of the material.
11-16 Sec. 10. NRS 294A.420 is hereby amended to read as follows:
11-17 294A.420 1. If the secretary of state receives information that a
11-18 person or entity that is subject to the provisions of NRS 294A.120,
11-19 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210, 294A.220,
11-20 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the
11-21 applicable provisions of those sections, the secretary of state may, after
11-22 giving notice to that person or entity, cause the appropriate proceedings to
11-23 be instituted in the first judicial district court.
11-24 2. Except as otherwise provided in this section, a person or entity that
11-25 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,
11-26 294A.140, 294A.150, 294A.160, 294A.170, [294A.180,] 294A.200,
11-27 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,
11-28 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000
11-29 for each violation and payment of court costs and attorney’s fees. The civil
11-30 penalty must be recovered in a civil action brought in the name of the State
11-31 of Nevada by the secretary of state in the first judicial district court and
11-32 deposited with the state treasurer for credit to the state general fund.
11-33 3. If a civil penalty is imposed because a person or entity has reported
11-34 its contributions, expenses or expenditures after the date the report is due,
11-35 the amount of the civil penalty is:
11-36 (a) If the report is not more than 7 days late, $25 for each day the report
11-37 is late.
11-38 (b) If the report is more than 7 days late but not more than 15 days late,
11-39 $50 for each day the report is late.
11-40 (c) If the report is more than 15 days late, $100 for each day the report
11-41 is late.
11-42 4. For good cause shown, the secretary of state may waive a civil
11-43 penalty that would otherwise be imposed pursuant to this section. If the
11-44 secretary of state waives a civil penalty pursuant to this subsection, the
11-45 secretary of state shall:
11-46 (a) Create a record which sets forth that the civil penalty has been
11-47 waived and describes the circumstances that constitute the good cause
11-48 shown; and
12-1 (b) Ensure that the record created pursuant to paragraph (a) is available
12-2 for review by the general public.
12-3 Sec. 11. NRS 294A.180 is hereby repealed.
12-4 Sec. 12. This act becomes effective on January 1, 2002.
12-5 TEXT OF REPEALED SECTION
12-6 294A.180 Candidate or elected public officer to file report relating
12-7 to disposition of unspent contributions; procedure for reporting.
12-8 294A.180 1. Each candidate for a state, district, county, city or
12-9 township office who is not elected to that office shall, not later than the
12-10 15th day of the second month after his defeat, file a report with the
12-11 secretary of state stating the amount of contributions which he received for
12-12 that campaign but did not spend and the disposition of those unspent
12-13 contributions.
12-14 2. Each public officer who is elected to a state, district, county, city or
12-15 township office shall file a report:
12-16 (a) Not later than the 15th day of the second month after his election,
12-17 stating the amount of campaign contributions which he received but did
12-18 not spend and the amount, if any, of those unspent contributions disposed
12-19 of pursuant to subsection 2 of NRS 294A.160 as of the last day of the first
12-20 month after his election;
12-21 (b) Not later than January 15th of each year of his term beginning the
12-22 year after he filed the report required by paragraph (a), stating the amount,
12-23 if any, of those unspent contributions disposed of pursuant to NRS
12-24 294A.160 during the period from the last date covered by his last report
12-25 through December 31 of the immediately preceding year and the manner
12-26 in which they were disposed of; and
12-27 (c) Not later than the 15th day of the second month after he no longer
12-28 holds that office, stating the amount and disposition of any remaining
12-29 unspent contributions.
12-30 3. The reports required by subsections 1 and 2 must be submitted on a
12-31 form designed and provided by the secretary of state and signed by the
12-32 candidate or public officer under penalty of perjury.
12-33 4. A public officer filing a report pursuant to subsection 2:
12-34 (a) Shall file the report with the officer with whom he filed his
12-35 declaration of candidacy or acceptance of candidacy.
12-36 (b) May file the report by certified mail. If certified mail is used, the
12-37 date of mailing shall be deemed the date of filing.
12-38 5. A county clerk who receives from a legislative or judicial officer,
12-39 other than a justice of the peace or municipal judge, a report pursuant to
12-40 subsection 4 shall file a copy of the report with the secretary of state
12-41 within 10 working days after he receives the report.
12-42 H