(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                     Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; 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; removing the requirement that campaign expenses under a certain amount be separately listed on forms for reporting; revising provisions governing the listing of certain categories of campaign expenses and 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.  In addition to filing the forms designed and provided by the

1-4  secretary of state pursuant to NRS 294A.120, 294A.125 and 294A.200, or

1-5  the forms designed and provided by a city clerk pursuant to NRS

1-6  294A.360, as appropriate, each candidate who is required to file a report

1-7  of campaign contributions and expenses pursuant to NRS 294A.120,

1-8  294A.125, 294A.200 or 294A.360 shall file a separate form relating only

1-9  to goods and services provided in kind for which money would otherwise

1-10  have been paid. The candidate shall list on the form each such campaign

1-11  contribution he receives and each expense in excess of $100 he incurs

1-12  during the reporting period.

1-13    2.  The secretary of state shall design the form described in

1-14  subsection 1 for each candidate who is required to use the form to file a

1-15  report pursuant to NRS 294A.120, 294A.125 or 294A.200. The city clerk

1-16  shall design the form described in subsection 1 for each candidate who is

1-17  required to use the form to file a report pursuant to NRS 294A.360. The

1-18  city clerk shall submit the form to the secretary of state for approval. The

2-1  city clerk shall not use such a form until it is approved. The secretary of

2-2  state and each city clerk shall design the format of the form described in

2-3  subsection 1 so that a candidate who uses the form may record in the

2-4  form a list of each such campaign contribution as the contribution is

2-5  received and expense in excess of $100 as it is incurred.

2-6    3.  The secretary of state and each city clerk shall not require a

2-7  candidate to list the campaign contributions and expenses described in

2-8  this section on any form other than a form designed and provided

2-9  pursuant to this section.

2-10    4.  Upon request, the secretary of state shall provide a copy of the

2-11  form described in subsection 1 to each candidate who is required to file a

2-12  report of his campaign contributions and expenses pursuant to NRS

2-13  294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall

2-14  provide a copy of the form described in subsection 1 to each candidate

2-15  who is required to file a report of his campaign contributions and

2-16  expenses pursuant to NRS 294A.360.

2-17    Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

2-18    294A.120  1.  Every candidate for state, district, county or township

2-19  office at a primary or general election shall, not later than:

2-20    (a) Seven days before the primary election, for the period from 30 days

2-21  before the regular session of the legislature after the last election for that

2-22  office up to 12 days before the primary election;

2-23    (b) Seven days before the general election, whether or not the candidate

2-24  won the primary election, for the period from 12 days before the primary

2-25  election up to 12 days before the general election; and

2-26    (c) The 15th day of the second month after the general election, for the

2-27  remaining period up to 30 days before the next regular session of the

2-28  legislature,

2-29  list each of the campaign contributions that he receives during the period

2-30  on forms designed and provided by the secretary of state [and] pursuant to

2-31  this section and section 1 of this act. Each form must be signed by the

2-32  candidate under penalty of perjury.

2-33    2.  Except as otherwise provided in subsection 3, every candidate for a

2-34  district office at a special election shall, not later than:

2-35    (a) Seven days before the special election, for the period from his

2-36  nomination up to 12 days before the special election; and

2-37    (b) Thirty days after the special election, for the remaining period up to

2-38  the special election,

2-39  list each of the campaign contributions that he receives during the period

2-40  on forms designed and provided by the secretary of state [and] pursuant to

2-41  this section and section 1 of this act. Each form must be signed by the

2-42  candidate under penalty of perjury.

2-43    3.  Every candidate for state, district, county, municipal or township

2-44  office at a special election to determine whether a public officer will be

2-45  recalled shall list each of the campaign contributions that he receives on

2-46  forms designed and provided by the secretary of state pursuant to this

2-47  section and section 1 of this act, and signed by the candidate under penalty

2-48  of perjury, 30 days after:

3-1    (a) The special election, for the period from the filing of the notice of

3-2  intent to circulate the petition for recall up to the special election; or

3-3    (b) A district court determines that the petition for recall is legally

3-4  insufficient pursuant to subsection 5 of NRS 306.040, for the period from

3-5  the filing of the notice of intent to circulate the petition for recall up to the

3-6  date of the district court’s decision.

3-7    4.  Reports of campaign contributions must be filed with the officer

3-8  with whom the candidate filed the declaration of candidacy or acceptance

3-9  of candidacy. A candidate may mail the report to that officer by certified

3-10  mail. If certified mail is used, the date of mailing shall be deemed the date

3-11  of filing.

3-12    5.  Every county clerk who receives from candidates for legislative or

3-13  judicial office, except the office of justice of the peace or municipal judge,

3-14  reports of campaign contributions pursuant to subsection 4 shall file a copy

3-15  of each report with the secretary of state within 10 working days after he

3-16  receives the report.

3-17    6.  The name and address of the contributor and the date on which the

3-18  contribution was received must be included on the list for each contribution

3-19  in excess of $100 and contributions which a contributor has made

3-20  cumulatively in excess of that amount since the beginning of the first

3-21  reporting period.

3-22    7.  The form designed and provided by the secretary of state for the

3-23  reporting of contributions pursuant to this section must be designed to be

3-24  used by a candidate to record in the form of a list each campaign

3-25  contribution as he receives it.

3-26    Sec. 3.  NRS 294A.125 is hereby amended to read as follows:

3-27    294A.125  1.  In addition to complying with the requirements set forth

3-28  in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

3-29  contributions in any year before the year in which the general election or

3-30  general city election in which the candidate intends to seek election to

3-31  public office is held, shall, for:

3-32    (a) The year in which he receives contributions in excess of $10,000,

3-33  list each of the contributions that he receives and the expenditures in

3-34  excess of $100 made in that year.

3-35    (b) Each year after the year in which he received contributions in excess

3-36  of $10,000, until the year of the general election or general city election in

3-37  which the candidate intends to seek election to public office is held, list

3-38  each of the contributions that he received and the expenditures in excess of

3-39  $100 made in that year.

3-40    2.  The reports required by subsection 1 must be submitted on [a form]

3-41  forms designed and provided by the secretary of state [and] pursuant to

3-42  this section and section 1 of this act. Each form must be signed by the

3-43  candidate under penalty of perjury.

3-44    3.  The name and address of the contributor and the date on which the

3-45  contribution was received must be included on the list for each contribution

3-46  in excess of $100 and contributions that a contributor has made

3-47  cumulatively in excess of that amount.

3-48    4.  The forms designed and provided by the secretary of state for the

3-49  reporting of contributions and expenditures pursuant to this section must be

4-1  designed to be used by a candidate to record in the form of a list each

4-2  campaign contribution as he receives it and each expenditure as it is made.

4-3    [4.] 5. The report must be filed:

4-4    (a) With the officer with whom the candidate will file the declaration of

4-5  candidacy or acceptance of candidacy for the public office the candidate

4-6  intends to seek. A candidate may mail the report to that officer by certified

4-7  mail. If certified mail is used, the date of mailing shall be deemed the date

4-8  of filing.

4-9    (b) On or before January 15 of the year immediately after the year for

4-10  which the report is made.

4-11    [5.] 6. A county clerk who receives from a candidate for legislative or

4-12  judicial office, except the office of justice of the peace or municipal judge,

4-13  a report of contributions and expenditures pursuant to subsection [4] 5 shall

4-14  file a copy of the report with the secretary of state within 10 working days

4-15  after he receives the report.

4-16    Sec. 4.  NRS 294A.200 is hereby amended to read as follows:

4-17    294A.200  1.  Every candidate for state, district, county or township

4-18  office at a primary or general election shall, not later than:

4-19    (a) Seven days before the primary election, for the period from 30 days

4-20  before the regular session of the legislature after the last election for that

4-21  office up to 12 days before the primary election;

4-22    (b) Seven days before the general election, whether or not the candidate

4-23  won the primary election, for the period from 12 days before the primary

4-24  election up to 12 days before the general election; and

4-25    (c) The 15th day of the second month after the general election, for the

4-26  remaining period up to 30 days before the next regular session of the

4-27  legislature,

4-28  list each of the campaign expenses in excess of $100 that he incurs during

4-29  the period on forms designed and provided by the secretary of state [and]

4-30  pursuant to this section and section 1 of this act. Each form must be

4-31  signed by the candidate under penalty of perjury.

4-32    2.  Except as otherwise provided in subsection 3, every candidate for a

4-33  district office at a special election shall, not later than:

4-34    (a) Seven days before the special election, for the period from his

4-35  nomination up to 12 days before the special election; and

4-36    (b) Sixty days after the special election, for the remaining period up to

4-37  30 days after the special election,

4-38  list each of the campaign expenses in excess of $100 that he incurs during

4-39  the period on forms designed and provided by the secretary of state [and]

4-40  pursuant to this section and section 1 of this act. Each form must be

4-41  signed by the candidate under penalty of perjury.

4-42    3.  Every candidate for state, district, county, municipal or township

4-43  office at a special election to determine whether a public officer will be

4-44  recalled shall list the campaign expenses in excess of $100 that he incurs

4-45  on forms designed and provided by the secretary of state pursuant to this

4-46  section and section 1 of this act and signed by the candidate under penalty

4-47  of perjury, 60 days after:

5-1    (a) The special election, for the period from the filing of the notice of

5-2  intent to circulate the petition for recall up to 30 days after the special

5-3  election; or

5-4    (b) A district court determines that the petition for recall is legally

5-5  insufficient pursuant to subsection 5 of NRS 306.040, for the period from

5-6  the filing of the notice of intent to circulate the petition for recall up to the

5-7  date of the district court’s decision.

5-8    4.  Reports of campaign expenses must be filed with the officer with

5-9  whom the candidate filed the declaration of candidacy or acceptance of

5-10  candidacy. A candidate may mail the report to that officer by certified mail.

5-11  If certified mail is used, the date of mailing shall be deemed the date of

5-12  filing.

5-13    5.  County clerks who receive from candidates for legislative or judicial

5-14  office, except the office of justice of the peace or municipal judge, reports

5-15  of campaign expenses pursuant to subsection 4 shall file a copy of each

5-16  report with the secretary of state within 10 working days after he receives

5-17  the report.

5-18    6.  The forms designed and provided by the secretary of state for the

5-19  reporting of campaign expenses pursuant to this section must be designed

5-20  to be used by a candidate to record in the form of a list each campaign

5-21  expense as he incurs it.

5-22    Sec. 5.  NRS 294A.360 is hereby amended to read as follows:

5-23    294A.360  1.  Every candidate for city office where the general city

5-24  election is preceded by a primary city election shall file the reports in the

5-25  manner required by NRS 294A.120, 294A.200 and 294A.350 for other

5-26  offices not later than:

5-27    (a) Seven days before the primary city election, for the period from 30

5-28  days after the last election for that office up to 12 days before the primary

5-29  city election;

5-30    (b) Seven days before the general city election, whether or not the

5-31  candidate won the primary city election, for the period from 12 days before

5-32  the primary city election up to 12 days before the general city election; and

5-33    (c) The 15th day of the second month after the general city election, for

5-34  the remaining period up to 30 days after the general city election.

5-35    2.  Every candidate for city office where there is no primary city

5-36  election shall so file those reports:

5-37    (a) Seven days before the general city election, for the period from 30

5-38  days after the last election for that office up to 12 days before the general

5-39  city election; and

5-40    (b) The 15th day of the second month after the general city election, for

5-41  the remaining period up to 30 days after the general city election.

5-42    3.  The city clerk shall design the form for each report a candidate for

5-43  city office is required to file pursuant to NRS 294A.120 and 294A.200.

5-44  The form designed and provided by the city clerk for the reporting of

5-45  campaign contributions and campaign expenses pursuant to this section

5-46  must be designed to be used to record in the form of a list each campaign

5-47  contribution as it is made and each campaign expense in excess of $100 as

5-48  it is incurred.

6-1  The city clerk shall submit the form to the secretary of state for approval.

6-2  The city clerk shall not use such a form until it is approved.

6-3    Sec. 6.  NRS 294A.365 is hereby amended to read as follows:

6-4    294A.365  1.  Each report of [expenses or] expenditures required

6-5  pursuant to NRS [294A.125, 294A.200,] 294A.210, 294A.220 and

6-6  294A.280 must consist of a list of the [expenses incurred or] expenditures

6-7  made during the periods for reporting. Each report of expenses required

6-8  pursuant to NRS 294A.125 and 294A.200 must consist of a list of each

6-9  expense in excess of $100 that was incurred during the periods for

6-10  reporting. The list in each report must state the category and amount of

6-11  the expense or expenditure and the [approximate] date on which the

6-12  expense was incurred or the expenditure was made.

6-13    2.  The categories of expense or expenditure for use on the report of

6-14  expenses or expenditures are:

6-15    (a) Office expenses;

6-16    (b) Expenses related to volunteers;

6-17    (c) Expenses related to travel;

6-18    (d) Expenses related to advertising;

6-19    (e) Expenses related to paid staff;

6-20    (f) Expenses related to consultants;

6-21    (g) Expenses related to polling;

6-22    (h) Expenses related to special events;

6-23    (i) [Goods] Except as otherwise provided in section 1 of this act, goods

6-24  and services provided in kind for which money would otherwise have been

6-25  paid; and

6-26    (j) Other miscellaneous expenses.

6-27    3.  The secretary of state and each city clerk shall not require a

6-28  candidate to provide separately the total amount of each category of

6-29  expenses described in this section.

6-30    Sec. 7.  This act becomes effective on January 1, 2002.

 

6-31  H