(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 638
Assembly Bill No. 638–Committee on Elections,
Procedures, and Ethics
March 26, 2001
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes regarding elections, ethics and financial disclosures. (BDR 24‑873)
FISCAL NOTE: Effect on Local Government: No.
~
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 governmental administration; requiring the county or city clerk under certain circumstances to provide the result of a challenge of a voter to the person who initiated the challenge; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the requirement that a judicial officer and a candidate for judicial office must file certain statements of financial disclosure; 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 293 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 and 3 of this act.
1-3 Sec. 2. 1. As soon as practicable, but in no case later than 21
1-4 calendar days after each election, the county clerk shall mail a notice to
1-5 each person who is listed on the challenge list as the registered voter who
1-6 initiated a challenge pursuant to NRS 293.303.
1-7 2. The notice mailed pursuant to subsection 1 must indicate:
1-8 (a) The name of the person who was challenged, if known; and
1-9 (b) The result of the challenge.
1-10 Sec. 3. (Deleted by amendment.)
1-11 Sec. 4. NRS 293.303 is hereby amended to read as follows:
1-12 293.303 1. A person applying to vote may be challenged:
1-13 (a) Orally by any registered voter of the precinct or district upon the
1-14 ground that he is not the person entitled to vote as claimed or has voted
1-15 before at the same election; or
1-16 (b) On any ground set forth in a challenge filed with the county clerk
1-17 pursuant to the provisions of NRS 293.547.
2-1 2. If a person is challenged, an election board officer shall tender the
2-2 challenged person the following oath or affirmation:
2-3 (a) If the challenge is on the ground that he does not belong to the
2-4 political party designated upon the register, “I swear or affirm under
2-5 penalty of perjury that I belong to the political party designated upon the
2-6 register”;
2-7 (b) If the challenge is on the ground that the register does not show that
2-8 he designated the political party to which he claims to belong, “I swear or
2-9 affirm under penalty of perjury that I designated on the application to
2-10 register to vote the political party to which I claim to belong”;
2-11 (c) If the challenge is on the ground that he does not reside at the
2-12 residence for which the address is listed in the election board register, “I
2-13 swear or affirm under penalty of perjury that I reside at the residence for
2-14 which the address is listed in the election board register”;
2-15 (d) If the challenge is on the ground that he previously voted a ballot for
2-16 the election, “I swear or affirm under penalty of perjury that I have not
2-17 voted for any of the candidates or questions included on this ballot for this
2-18 election”; or
2-19 (e) If the challenge is on the ground that he is not the person he claims
2-20 to be, “I swear or affirm under penalty of perjury that I am the person
2-21 whose name is in this election board register.”
2-22 The oath or affirmation must be set forth on a form prepared by the
2-23 secretary of state and signed by the challenged person under penalty of
2-24 perjury.
2-25 3. Except as otherwise provided in subsection 4, if the challenged
2-26 person refuses to execute the oath or affirmation so tendered, he must not
2-27 be issued a ballot, and the officer in charge of the election board register
2-28 shall write the words “Challenged ................” opposite his name in the
2-29 election board register.
2-30 4. If the challenged person refuses to execute the oath or affirmation
2-31 set forth in paragraph (a) or (b) of subsection 2, the election board officers
2-32 shall issue him a nonpartisan ballot.
2-33 5. If the challenged person refuses to execute the oath or affirmation
2-34 set forth in paragraph (c) of subsection 2, the election board officers shall
2-35 inform him that he is entitled to vote only in the manner prescribed in
2-36 NRS 293.304.
2-37 6. If the challenged person executes the oath or affirmation and the
2-38 challenge is not based on the ground set forth in paragraph (e) of
2-39 subsection 2, the election board officers shall issue him a partisan ballot.
2-40 7. If the challenge is based on the ground set forth in paragraph (c) of
2-41 subsection 2, and the challenged person executes the oath or affirmation,
2-42 the election board shall not issue the person a ballot until he furnishes
2-43 satisfactory identification which contains proof of the address at which he
2-44 actually resides.
2-45 8. If the challenge is based on the ground set forth in paragraph (e) of
2-46 subsection 2 and the challenged person executes the oath or affirmation,
2-47 the election board shall not issue the person a ballot unless he:
2-48 (a) Furnishes official identification which contains a photograph of
2-49 himself, such as his driver’s license or other official document; or
3-1 (b) Brings before the election board officers a person who is at least 18
3-2 years [old] of age who:
3-3 (1) Furnishes official identification which contains a photograph of
3-4 himself, such as his driver’s license or other official document; and
3-5 (2) Executes an oath or affirmation under penalty of perjury that the
3-6 challenged person is who he swears he is.
3-7 9. The election board officers shall [record the result of the
3-8 challenge] :
3-9 (a) Record on the challenge list[, and the election board officer in
3-10 charge of the checklist shall indicate] :
3-11 (1) The name of the challenged person;
3-12 (2) The name of the registered voter who initiated the challenge;
3-13 and
3-14 (3) The result of the challenge;
3-15 (b) If possible, orally notify the registered voter who initiated the
3-16 challenge of the result of the challenge; and
3-17 (c) Indicate on the checklist next to the name of the challenged person
3-18 the result of the challenge.
3-19 Sec. 5. NRS 293.317 is hereby amended to read as follows:
3-20 293.317 Absent ballots , including special absent ballots described in
3-21 NRS 293.3155, received by the county or city clerk after the polls are
3-22 closed on the day of election are invalid.
3-23 Sec. 6. (Deleted by amendment.)
3-24 Sec. 7. NRS 293B.330 is hereby amended to read as follows:
3-25 293B.330 1. Upon closing of the polls, the election board shall:
3-26 (a) Secure all mechanical recording devices against further voting.
3-27 (b) If a mechanical voting system is used whereby votes are cast by
3-28 punching a card:
3-29 (1) Count the number of ballots in the ballot boxes.
3-30 (2) Account for all ballots on the statement of ballots.
3-31 (3) Place all official ballots, the ballot statement and any other
3-32 records, reports and materials as directed by the county clerk into the
3-33 container provided by him to transport those items to a central counting
3-34 place and seal the container.
3-35 (c) If a mechanical voting system is used whereby votes are directly
3-36 recorded electronically:
3-37 (1) Ensure that each mechanical recording device:
3-38 (I) Provides a record printed on paper of the total number of votes
3-39 recorded on the device for each candidate and for or against each measure;
3-40 and
3-41 (II) Transfers the ballots voted on that device to the storage device
3-42 required pursuant to NRS 293B.084.
3-43 (2) Count the number of ballots voted at the polling place.
3-44 (3) Account for all ballots on the statement of ballots.
3-45 (4) Place all records printed on paper provided by the mechanical
3-46 recording devices, all storage devices which store the ballots voted on the
3-47 mechanical recording devices, and any other records, reports and materials
3-48 as directed by the county clerk into the container provided by him to
3-49 transport those items to a central counting place and seal the container.
4-1 (d) Record the number of voters on a form provided by the county
4-2 clerk.
4-3 2. If a difference exists between the number of voters and the
4-4 number of ballots voted, the election board shall report the difference
4-5 and any known reasons for the difference, in writing, to the county clerk.
4-6 3. After closing the polls, the election board shall:
4-7 (a) Compare the quantity of the supplies furnished by the county clerk
4-8 with the inventory of those supplies; and
4-9 (b) Note any shortages.
4-10 4. The county clerk shall allow members of the general public to
4-11 observe the handling of the ballots pursuant to subsection 1 if those
4-12 members do not interfere with the handling of the ballots.
4-13 Sec. 8. (Deleted by amendment.)
4-14 Sec. 9. Chapter 293C of NRS is hereby amended by adding thereto
4-15 the provisions set forth as sections 10 and 11 of this act.
4-16 Sec. 10. 1. As soon as practicable, but in no case later than 21
4-17 calendar days after each election, the city clerk shall mail a notice to
4-18 each person who is listed on the challenge list as a registered voter who
4-19 initiated a challenge pursuant to NRS 293C.292.
4-20 2. The notice mailed pursuant to subsection 1 must indicate:
4-21 (a) The name of the person who was challenged, if known; and
4-22 (b) The result of the challenge.
4-23 Sec. 11. (Deleted by amendment.)
4-24 Sec. 12. NRS 293C.292 is hereby amended to read as follows:
4-25 293C.292 1. A person applying to vote may be challenged:
4-26 (a) Orally by any registered voter of the precinct or district upon the
4-27 ground that he is not the person entitled to vote as claimed or has voted
4-28 before at the same election; or
4-29 (b) On any ground set forth in a challenge filed with the county clerk
4-30 pursuant to the provisions of NRS 293.547.
4-31 2. If a person is challenged, an election board officer shall tender the
4-32 challenged person the following oath or affirmation:
4-33 (a) If the challenge is on the ground that he does not reside at the
4-34 residence for which the address is listed in the election board register, “I
4-35 swear or affirm under penalty of perjury that I reside at the residence for
4-36 which the address is listed in the election board register”;
4-37 (b) If the challenge is on the ground that he previously voted a ballot for
4-38 the election, “I swear or affirm under penalty of perjury that I have not
4-39 voted for any of the candidates or questions included on this ballot for this
4-40 election”; or
4-41 (c) If the challenge is on the ground that he is not the person he claims
4-42 to be, “I swear or affirm under penalty of perjury that I am the person
4-43 whose name is in this election board register.”
4-44 The oath or affirmation must be set forth on a form prepared by the
4-45 secretary of state and signed by the challenged person under penalty of
4-46 perjury.
4-47 3. If the challenged person refuses to execute the oath or affirmation so
4-48 tendered, he must not be issued a ballot, and the officer in charge of the
5-1 election board register shall write the words “Challenged ................”
5-2 opposite his name in the election board register.
5-3 4. If the challenged person refuses to execute the oath or affirmation
5-4 set forth in paragraph (a) of subsection 2, the election board officers shall
5-5 inform him that he is entitled to vote only in the manner prescribed in
5-6 NRS 293C.295.
5-7 5. If the challenged person executes the oath or affirmation and the
5-8 challenge is not based on the ground set forth in paragraph (c) of
5-9 subsection 2, the election board officers shall issue him a ballot.
5-10 6. If the challenge is based on the ground set forth in paragraph (a) of
5-11 subsection 2, and the challenged person executes the oath or affirmation,
5-12 the election board shall not issue the person a ballot until he furnishes
5-13 satisfactory identification that contains proof of the address at which he
5-14 actually resides.
5-15 7. If the challenge is based on the ground set forth in paragraph (c) of
5-16 subsection 2 and the challenged person executes the oath or affirmation,
5-17 the election board shall not issue the person a ballot unless he:
5-18 (a) Furnishes official identification which contains a photograph of
5-19 himself, such as his driver’s license or other official document; or
5-20 (b) Brings before the election board officers a person who is at least 18
5-21 years [old] of age who:
5-22 (1) Furnishes official identification which contains a photograph of
5-23 himself, such as his driver’s license or other official document; and
5-24 (2) Executes an oath or affirmation under penalty of perjury that the
5-25 challenged person is who he swears he is.
5-26 8. The election board officers shall [record the result of the
5-27 challenge] :
5-28 (a) Record on the challenge list[, and the election board officer in
5-29 charge of the checklist shall indicate] :
5-30 (1) The name of the challenged person;
5-31 (2) The name of the registered voter who initiated the challenge;
5-32 and
5-33 (3) The result of the challenge;
5-34 (b) If possible, orally notify the registered voter who initiated the
5-35 challenge of the result of the challenge; and
5-36 (c) Indicate on the checklist next to the name of the challenged person
5-37 the result of the challenge.
5-38 Sec. 13. (Deleted by amendment.)
5-39 Sec. 14. NRS 293C.630 is hereby amended to read as follows:
5-40 293C.630 1. Upon closing of the polls, the election board shall:
5-41 (a) Secure all mechanical recording devices against further voting.
5-42 (b) If a mechanical voting system is used whereby votes are cast by
5-43 punching a card:
5-44 (1) Count the number of ballots in the ballot boxes.
5-45 (2) Account for all ballots on the statement of ballots.
5-46 (3) Place all official ballots, the ballot statement and any other
5-47 records, reports and materials as directed by the city clerk into the
5-48 container provided by him to transport those items to a central counting
5-49 place and seal the container.
6-1 (c) If a mechanical voting system is used whereby votes are directly
6-2 recorded electronically:
6-3 (1) Ensure that each mechanical recording device:
6-4 (I) Provides a record printed on paper of the total number of votes
6-5 recorded on the device for each candidate and for or against each measure;
6-6 and
6-7 (II) Transfers the ballots voted on that device to the storage device
6-8 required pursuant to NRS 293B.084.
6-9 (2) Count the number of ballots voted at the polling place.
6-10 (3) Account for all ballots on the statement of ballots.
6-11 (4) Place all records printed on paper provided by the mechanical
6-12 recording devices, all storage devices which store the ballots voted on the
6-13 mechanical recording devices, and any other records, reports and materials
6-14 as directed by the city clerk into the container provided by him to transport
6-15 those items to a central counting place and seal the container.
6-16 (d) Record the number of voters on a form provided by the city clerk.
6-17 2. If a difference exists between the number of voters and the
6-18 number of ballots voted, the election board shall report the difference
6-19 and any known reasons for the difference, in writing, to the city clerk.
6-20 3. After closing the polls, the election board shall:
6-21 (a) Compare the quantity of the supplies furnished by the city clerk
6-22 with the inventory of those supplies; and
6-23 (b) Note any shortages.
6-24 4. The city clerk shall allow members of the general public to observe
6-25 the handling of the ballots pursuant to subsection 1 if those members do
6-26 not interfere with the handling of the ballots.
6-27 Sec. 15. (Deleted by amendment.)
6-28 Sec. 16. Chapter 298 of NRS is hereby amended by adding thereto a
6-29 new section to read as follows:
6-30 1. If a new resident of the State of Nevada otherwise qualified to vote
6-31 in another state in any election for President and Vice President of the
6-32 United States has commenced his residence in this state after the 30th
6-33 day next preceding that election and for this reason does not satisfy the
6-34 requirements for registration in this state, he may vote for President and
6-35 Vice President in this state.
6-36 2. If a new resident of the State of Nevada wishes to vote for the
6-37 President and Vice President of the Untied States pursuant to this
6-38 section, he must:
6-39 (a) Apply to the county clerk for the appropriate ballot using the form
6-40 prescribed by the secretary of state; and
6-41 (b) Vote only in the office of the county clerk during regular office
6-42 hours.
6-43 3. A county clerk, upon receipt of an application pursuant to this
6-44 section, shall provide the applicant a ballot and any other materials
6-45 necessary to vote only for President and Vice President of the United
6-46 States.
6-47 4. A vote cast pursuant to this section must not be:
6-48 (a) Combined with the total of a precinct but must be segregated at the
6-49 precinct and then combined with the totals for the county.
7-1 (b) Included in precinct, district, county or state totals for other
7-2 electoral purposes.
7-3 5. The secretary of state may, in a manner consistent with the
7-4 election laws of this state, adopt regulations to effectuate the purposes of
7-5 this section.
7-6 Sec. 17. NRS 298.250 is hereby amended to read as follows:
7-7 298.250 1. If a former resident of the State of Nevada otherwise
7-8 qualified to vote in another state in any election for President and Vice
7-9 President of the United States has commenced his residence in the other
7-10 state after the 30th day next preceding that election and for this reason does
7-11 not satisfy the requirements for registration in the other state, he may vote
7-12 for President and Vice President only in that election:
7-13 (a) In person in the county of the State of Nevada which was his former
7-14 residence, if he is otherwise qualified to vote there; or
7-15 (b) By absent ballot in the county of the State of Nevada which was his
7-16 former residence, if he is otherwise qualified to vote there and complies
7-17 with the applicable requirements of NRS 293.310 to 293.340, inclusive.
7-18 2. [If a new resident of the State of Nevada otherwise qualified to vote
7-19 in another state in any election for President and Vice President has
7-20 commenced his residence in this state after the 30th day next preceding that
7-21 election and for this reason does not satisfy the requirements for
7-22 registration in this state, he may vote for President and Vice President in
7-23 this state.
7-24 3.] The secretary of state may, in a manner consistent with the election
7-25 laws of this state, adopt [such regulations as may be necessary] regulations
7-26 to effectuate the purposes of this section.
7-27 Sec. 18. NRS 218.920 is hereby amended to read as follows:
7-28 218.920 The registration statement of a lobbyist must contain the
7-29 following information:
7-30 1. The registrant’s full name, permanent address, place of business and
7-31 temporary address while lobbying.
7-32 2. The full name and complete address of each person, if any, by
7-33 whom the registrant is retained or employed or on whose behalf the
7-34 registrant appears.
7-35 3. A listing of any direct business associations or partnerships
7-36 involving any current member of the legislature and the registrant or any
7-37 person by whom the registrant is retained or employed. The listing must
7-38 include any such association or partnership constituting a source of income
7-39 or involving a debt or interest in real estate required to be disclosed in a
7-40 statement of financial disclosure made by a candidate for public office or a
7-41 public [or judicial] officer pursuant to NRS 281.571.
7-42 4. The name of any current member of the legislature for whom:
7-43 (a) The registrant; or
7-44 (b) Any person by whom the registrant is retained or
7-45 employed,
7-46 has, in connection with a political campaign of the legislator, provided
7-47 consulting, advertising or other professional services since the beginning of
7-48 the preceding regular legislative session.
8-1 5. A description of the principal areas of interest on which the
8-2 registrant expects to lobby.
8-3 6. If the registrant lobbies or purports to lobby on behalf of members, a
8-4 statement of the number of members.
8-5 7. A declaration under penalty of perjury that none of the registrant’s
8-6 compensation or reimbursement is contingent, in whole or in part, upon the
8-7 production of any legislative action.
8-8 Sec. 19. NRS 281.4323 is hereby amended to read as follows:
8-9 281.4323 “Candidate” means any person:
8-10 1. Who files a declaration of candidacy;
8-11 2. Who files an acceptance of candidacy; or
8-12 3. Whose name appears on an official ballot at any election . [,
8-13 for election to any public office, including the office of justice of the
8-14 supreme court, district judge, justice of the peace and municipal judge .]
8-15 Sec. 20. NRS 281.4365 is hereby amended to read as follows:
8-16 281.4365 1. “Public officer” means a person elected or appointed to
8-17 a position which is established by the constitution of the State of Nevada, a
8-18 statute of this state or an ordinance of any of its counties or incorporated
8-19 cities and which involves the exercise of a public power, trust or duty. As
8-20 used in this section, “the exercise of a public power, trust or duty”
8-21 includes:
8-22 (a) Actions taken in an official capacity which involve a substantial and
8-23 material exercise of administrative discretion in the formulation of public
8-24 policy;
8-25 (b) The expenditure of public money; and
8-26 (c) The enforcement of laws and rules of the state, a county or a city.
8-27 2. “Public officer” does not include:
8-28 (a) Any justice, judge or other officer of the court system;
8-29 (b) Any member of a board, commission or other body whose function
8-30 is advisory;
8-31 (c) Any member of a board of trustees for a general improvement
8-32 district or special district whose official duties do not include the
8-33 formulation of a budget for the district or the authorization of the
8-34 expenditure of the district’s money; or
8-35 (d) A county health officer appointed pursuant to NRS 439.290.
8-36 3. “Public office” does not include an office held by:
8-37 (a) Any justice, judge or other officer of the court system;
8-38 (b) A commissioner of deeds;
8-39 (c) Any member of a board, commission or other body whose function
8-40 is advisory;
8-41 (d) Any member of a board of trustees for a general improvement
8-42 district or special district whose official duties do not include the
8-43 formulation of a budget for the district or the authorization of the
8-44 expenditure of the district’s money; or
8-45 (e) A county health officer appointed pursuant to NRS 439.290.
8-46 Sec. 21. (Deleted by amendment.)
8-47 Sec. 22. NRS 281.561 is hereby amended to read as follows:
8-48 281.561 1. Except as otherwise provided in subsection 2 or 3, if a
8-49 candidate for public [or judicial] office or a public [or judicial] officer is
9-1 entitled to receive compensation for serving in the office in question, he
9-2 shall file with the commission, and with the officer with whom declarations
9-3 of candidacy for the office in question are filed, a statement of financial
9-4 disclosure, as follows:
9-5 (a) A candidate for nomination, election or reelection to public office
9-6 shall file a statement of financial disclosure no later than the 10th day after
9-7 the last day to qualify as a candidate for the office.
9-8 (b) A public [or judicial] officer appointed to fill the unexpired term of
9-9 an elected public [or judicial] officer shall file a statement of financial
9-10 disclosure within 30 days after his appointment.
9-11 (c) Every public [or judicial] officer, whether appointed or elected, shall
9-12 file a statement of financial disclosure on or before March 31 of each year
9-13 of the term, including the year the term expires.
9-14 (d) A public [or judicial] officer who leaves office on a date other than
9-15 the expiration of his term or anniversary of his appointment or election,
9-16 shall file a statement of financial disclosure within 60 days after leaving
9-17 office.
9-18 2. A statement filed pursuant to one of the paragraphs of subsection 1
9-19 may be used to satisfy the requirements of another paragraph of subsection
9-20 1 if the initial statement was filed not more than 3 months before the other
9-21 statement is required to be filed. The public [or judicial] officer shall notify
9-22 the commission in writing of his intention to use the previously filed
9-23 statement to fulfill the present requirement.
9-24 3. If a person is serving in a public [or judicial] office for which he is
9-25 required to file a statement pursuant to subsection 1, he may use the
9-26 statement he files for that initial office to satisfy the requirements of
9-27 subsection 1 for every other public [or judicial] office in which he is also
9-28 serving. The person shall notify the commission in writing of his intention
9-29 to use the statement for the initial office to fulfill the requirements of
9-30 subsection 1 for every other office.
9-31 4. A person may satisfy the requirements of subsection 1 by filing with
9-32 the commission a copy of a statement of financial disclosure that was filed
9-33 pursuant to the requirements of a specialized or local ethics committee if
9-34 the form of the statement has been approved by the commission.
9-35 5. A candidate for judicial office or a judicial officer shall file a
9-36 statement of financial disclosure pursuant to the requirements of Canon
9-37 4I of the Nevada Code of Judicial Conduct. Such a statement of financial
9-38 disclosure must include, without limitation, all information required to
9-39 be included in a statement of financial disclosure pursuant to
9-40 NRS 281.571.
9-41 Sec. 23. NRS 281.571 is hereby amended to read as follows:
9-42 281.571 1. Statements of financial disclosure, as approved pursuant
9-43 to NRS 281.541 or in such form as the commission otherwise prescribes,
9-44 must contain the following information concerning the candidate for public
9-45 office or public [or judicial] officer:
9-46 (a) His length of residence in the State of Nevada and the district in
9-47 which he is registered to vote.
9-48 (b) Each source of his income, or that of any member of his household
9-49 who is 18 years of age or older. No listing of individual clients, customers
10-1 or patients is required, but if that is the case, a general source such as
10-2 “professional services” must be disclosed.
10-3 (c) A list of the specific location and particular use of real estate, other
10-4 than a personal residence:
10-5 (1) In which he or a member of his household has a legal or
10-6 beneficial interest;
10-7 (2) Whose fair market value is $2,500 or more; and
10-8 (3) That is located in this state or an adjacent state.
10-9 (d) The name of each creditor to whom he or a member of his
10-10 household owes $5,000 or more, except for:
10-11 (1) A debt secured by a mortgage or deed of trust of real property
10-12 which is not required to be listed pursuant to paragraph (c); and
10-13 (2) A debt for which a security interest in a motor vehicle for
10-14 personal use was retained by the seller.
10-15 (e) If the candidate for public office or public [or judicial] officer has
10-16 received gifts in excess of an aggregate value of $200 from a donor during
10-17 the preceding taxable year, a list of all such gifts, including the identity of
10-18 the donor and value of each gift, except:
10-19 (1) A gift received from a person who is related to the candidate for
10-20 public office or public [or judicial] officer within the third degree of
10-21 consanguinity or affinity.
10-22 (2) Ceremonial gifts received for a birthday, wedding, anniversary,
10-23 holiday or other ceremonial occasion if the donor does not have a
10-24 substantial interest in the legislative, administrative[, judicial] or political
10-25 action of the candidate for public office or public [or judicial] officer.
10-26 (f) A list of each business entity with which he or a member of his
10-27 household is involved as a trustee, beneficiary of a trust, director, officer,
10-28 owner in whole or in part, limited or general partner, or holder of a class of
10-29 stock or security representing 1 percent or more of the total outstanding
10-30 stock or securities issued by the business entity.
10-31 (g) A list of all public offices presently held by him for which this
10-32 statement of financial disclosure is required.
10-33 2. The commission shall distribute or cause to be distributed the forms
10-34 required for such a statement to each candidate for public office and public
10-35 [or judicial] officer who is required to file one. The commission is not
10-36 responsible for the costs of producing or distributing a form for filing
10-37 statements of financial disclosure which is prescribed pursuant to
10-38 subsection 1 of NRS 281.541.
10-39 3. As used in this section:
10-40 (a) “Business entity” means an organization or enterprise operated for
10-41 economic gain, including a proprietorship, partnership, firm, business,
10-42 trust, joint venture, syndicate, corporation or association.
10-43 (b) “Household” includes:
10-44 (1) The spouse of a candidate for public office or public [or judicial]
10-45 officer;
10-46 (2) A person who does not live in the same home or dwelling, but
10-47 who is dependent on and receiving substantial support from the candidate
10-48 for public office or public [or judicial] officer; and
11-1 (3) A person who lived in the home or dwelling of the candidate for
11-2 public office or public [or judicial] officer for 6 months or more in the year
11-3 immediately preceding the year in which the candidate for public office or
11-4 public [or judicial] officer files the statement of financial disclosure.
11-5 Sec. 24. NRS 281.575 is hereby amended to read as follows:
11-6 281.575 The secretary of state and each county or city clerk who
11-7 receives from a candidate for public office a declaration of candidacy,
11-8 acceptance of candidacy or certificate of candidacy shall give to the
11-9 candidate the form prescribed by the commission for the making of a
11-10 statement of financial disclosure, accompanied by instructions on how to
11-11 complete the form, where it must be filed and the time by which it must be
11-12 filed.
11-13 Sec. 25. NRS 281.581 is hereby amended to read as follows:
11-14 281.581 1. A candidate for public office or public [or judicial]
11-15 officer who fails to file his statement of financial disclosure in a timely
11-16 manner pursuant to NRS 281.561 is subject to a civil penalty and payment
11-17 of court costs and attorney’s fees. The amount of the civil penalty is:
11-18 (a) If the statement is filed not more than 7 days late, $25 for each day
11-19 the statement is late.
11-20 (b) If the statement is filed more than 7 days late but not more than 15
11-21 days late, $175 for the first 7 days, plus $50 for each additional day the
11-22 statement is late.
11-23 (c) If the statement is filed more than 15 days late, $575 for the first 15
11-24 days, plus $100 for each additional day the statement is late.
11-25 2. The commission may, for good cause shown, waive or reduce the
11-26 civil penalty.
11-27 3. The civil penalty must be recovered in a civil action brought in the
11-28 name of the State of Nevada by the commission in a court of competent
11-29 jurisdiction and deposited with the state treasurer for credit to the state
11-30 general fund.
11-31 4. If the commission waives a civil penalty pursuant to subsection 2,
11-32 the commission shall:
11-33 (a) Create a record which sets forth that the civil penalty has been
11-34 waived and describes the circumstances that constitute the good cause
11-35 shown; and
11-36 (b) Ensure that the record created pursuant to paragraph (a) is available
11-37 for review by the general public.
11-38 Sec. 26. The amendatory provisions of section 21 of this act do not
11-39 apply to proceedings for judicial review initiated before October 1, 2001.
11-40 Sec. 27. Section 20 of this act becomes effective at 12:01 a.m. on
11-41 October 1, 2001.
11-42 H