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