requires two-thirds majority vote (§ 2)                                                                                                                 

                                                                                                  

 

Assembly Bill No. 529–Committee on Elections, Procedures, and Ethics

 

(On Behalf of the Secretary of State)

 

March 24, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning reporting of campaign contributions and expenditures. (BDR 24‑558)

 

FISCAL NOTE:  Effect on Local Government: No.

                           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 to design and provide a single form for reporting campaign contributions and expenditures; revising the dates for filing reports for campaign contributions and expenditures; revising the reporting periods included in those reports; requiring certain candidates for public office and public officers to file statements of financial disclosure with the Secretary of State instead of the Commission on Ethics; providing a civil penalty; 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

1-2  adding thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  The Secretary of State may audit any document

1-4  required to be filed pursuant to this chapter, NRS 281.561 or

1-5  section 21 of this act to determine if the document includes

1-6  incomplete or untrue information.

1-7  2.  If the Secretary of State reasonably believes that a

1-8  document required to be filed pursuant to this chapter, NRS

2-1  281.561 or section 21 of this act includes incomplete or untrue

2-2  information, the Secretary of State may conduct an investigation

2-3  to determine whether the document includes incomplete or untrue

2-4  information.

2-5  3.  For the purposes of an investigation conducted pursuant to

2-6  this section, the Secretary of State may take evidence and require

2-7  the production, by subpoena or otherwise, of books, papers,

2-8  correspondence, memoranda, agreements or other documents or

2-9  records which the Secretary of State determines to be relevant or

2-10  material to the investigation.

2-11      4.  After examining the evidence obtained pursuant to this

2-12  section, if the Secretary of State determines that a person or entity

2-13  has violated a provision of this chapter he shall proceed as

2-14  authorized by NRS 294A.410.

2-15      5.  Any person or entity that provides incomplete or untrue

2-16  information in a document filed pursuant to this chapter, NRS

2-17  281.561 or section 21 of this act, is subject to a civil penalty of not

2-18  more than $5,000 for each violation and payment of court costs

2-19  and attorney’s fees.

2-20      Sec. 3.  1.  Except as otherwise provided in subsection 4 of

2-21  NRS 294A.120, each report of campaign contributions and

2-22  expenses or expenditures that is filed pursuant to NRS 294A.120,

2-23  294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220,

2-24  294A.270, 294A.280 or 294A.360 must be submitted on a form

2-25  designed and provided by the Secretary of State pursuant to this

2-26  section.

2-27      2.  The Secretary of State shall design the form for each

2-28  candidate, person, committee, political party and group that is

2-29  required to use the form to file a report pursuant to NRS

2-30  294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210,

2-31  294A.220, 294A.270, 294A.280 or 294A.360. The Secretary of

2-32  State shall design the format of the form so that a candidate,

2-33  person, committee, political party or group that uses the form may

2-34  record in the form a list of each campaign contribution as the

2-35  contribution is received, each amount in excess of $100 that is

2-36  disposed of pursuant to NRS 294A.160 as the amount is disposed

2-37  of and each expense or expenditure in excess of $100 as it is

2-38  incurred or made.

2-39      3.  Upon request, the Secretary of State shall provide a copy of

2-40  the form set forth in this section to each candidate, person,

2-41  committee, political party and group that is required to file a

2-42  report of its campaign contributions and expenses or expenditures

2-43  pursuant to NRS 294A.120, 294A.125, 294A.140, 294A.150,

2-44  294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360.

3-1  4.  The Secretary of State shall reject a report of campaign

3-2  contributions and expenses or expenditures that is filed pursuant

3-3  to NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200,

3-4  294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 that is

3-5  incomplete. If the Secretary of State determines that a statement of

3-6  financial disclosure is incomplete he shall notify the candidate,

3-7  person, committee, political party or group that filed the statement.

3-8  A statement of financial disclosure must not be considered to be

3-9  filed with the Secretary of State if it is incomplete.

3-10      Sec. 4.  NRS 294A.120 is hereby amended to read as follows:

3-11      294A.120  1.  Every candidate for state, district, county or

3-12  township office at a primary or general election shall, not later than

3-13  January 15 of each year that the provisions of this subsection

3-14  apply to the candidate, for the period from January 1 of the

3-15  previous year through December 31 of the previous year, report

3-16  each of the campaign contributions he received during the period.

3-17  The provisions of this subsection apply to the candidate beginning

3-18  the year of the general election for that office through the year

3-19  immediately preceding the next general election for that office.

3-20      2.  Every candidate for state, district, county or township

3-21  office at a primary or general election shall, if the general election

3-22  for the office for which he is a candidate is held on or after

3-23  January 1 and before the July 1 immediately following that

3-24  January 1, not later than:

3-25      (a) Seven days before the primary election[,] for that office, for

3-26  the period from [30 days before the regular session of the

3-27  Legislature after the last election for that office up to] the January 1

3-28  immediately preceding the primary election through 12 days

3-29  before the primary election;

3-30      (b) Seven days before the general election[, whether or not the

3-31  candidate won the primary election,] for that office, for the period

3-32  from [12] 11 days before the primary election [up to] through 12

3-33  days before the general election; [and

3-34      (c) The 15th day of the second month after the general election,

3-35  for the remaining period up to 30 days before the next regular

3-36  session of the Legislature,

3-37  list]

3-38      (c) July 15 of the year of the general election for that office,

3-39  for the period from 11 days before the general election through

3-40  June 30 of that year; and

3-41      (d) January 15 of the year immediately following the general

3-42  election for that office, for the period from the July 1 through the

3-43  December 31 immediately preceding that January 15,

3-44  report each of the campaign contributions that he receives during

3-45  the period on forms designed and provided by the Secretary of State

4-1  pursuant to [this section and] NRS 294A.362[.] and section 3 of

4-2  this act. Each form must be signed by the candidate under penalty of

4-3  perjury.

4-4  [2.] 3.  Every candidate for state, district, county or township

4-5  office at a primary or general election shall, if the general election

4-6  for the office for which he is a candidate is held on or after July 1

4-7  and before the January 1 immediately following that July 1, not

4-8  later than:

4-9  (a) Seven days before the primary election for that office, for

4-10  the period from the January 1 immediately preceding the primary

4-11  election through 12 days before the primary election;

4-12      (b) Seven days before the general election for that office, for

4-13  the period from 11 days before the primary election through 12

4-14  days before the general election; and

4-15      (c) January 15 of the year immediately following the general

4-16  election for that office, for the period from 11 days before the

4-17  general election through the December 31 immediately preceding

4-18  that January 15,

4-19  report each of the campaign contributions he received during the

4-20  period on forms designed and provided by the Secretary of State

4-21  pursuant NRS 294A.362 and section 3 of this act. Each form must

4-22  be signed by the candidate under penalty of perjury.

4-23      4. Except as otherwise provided in subsection [3,] 5, every

4-24  candidate for a district office at a special election shall, not later

4-25  than:

4-26      (a) Seven days before the special election, for the period from

4-27  his nomination [up to] through 12days before the special election;

4-28  and

4-29      (b) Thirty days after the special election, for the remaining

4-30  period [up to] through the special election,

4-31  [list] report each of the campaign contributions that he receives

4-32  during the period on forms designed and provided by the Secretary

4-33  of State pursuant to [this section and] NRS 294A.362[.] and section

4-34  3 of this act. Each form must be signed by the candidate under

4-35  penalty of perjury.

4-36      [3.] 5. Every candidate for state, district, county, municipal or

4-37  township office at a special election to determine whether a public

4-38  officer will be recalled shall list each of the campaign contributions

4-39  that he receives on forms designed and provided by the Secretary of

4-40  State pursuant to [this section and] NRS 294A.362[,] and section 3

4-41  of this act, and signed by the candidate under penalty of perjury, 30

4-42  days after:

4-43      (a) The special election, for the period from the filing of the

4-44  notice of intent to circulate the petition for recall [up to] through the

4-45  special election; or

5-1  (b) A district court determines that the petition for recall is

5-2  legally insufficient pursuant to subsection 5 of NRS 306.040, for the

5-3  period from the filing of the notice of intent to circulate the petition

5-4  for recall [up to] through the date of the district court’s decision.

5-5  [4.] 6. Reports of campaign contributions must be filed with

5-6  the [officer with whom the candidate filed the declaration of

5-7  candidacy or acceptance of candidacy.] Secretary of State. A

5-8  candidate may mail the report to [that officer] the Secretary of State

5-9  by certified mail. [If certified mail is used, the date of mailing] A

5-10  report shall be deemed [the date of filing.

5-11      5.  Every county clerk who receives from candidates for

5-12  legislative or judicial office, except the office of justice of the peace

5-13  or municipal judge, reports of campaign contributions pursuant to

5-14  subsection 4] to be filed with the Secretary of State:

5-15      (a) On the date that it was mailed if it was sent by certified

5-16  mail; or

5-17      (b) On the date that it was received by the Secretary of State if

5-18  the report was sent by regular mail or delivered personally.

5-19      7.  The Secretary of State shall file a copy of each report of

5-20  campaign contributions that he receives pursuant to subsection 6

5-21  with the [Secretary of State] officer with whom the candidate filed

5-22  the declaration of candidacy or acceptance of candidacy within 10

5-23  working days after [he] the Secretary of State receives the report.

5-24      [6.] 8. The name and address of the contributor and the date on

5-25  which the contribution was received must be included on the [list]

5-26  report for each contribution in excess of $100 and contributions

5-27  which a contributor has made cumulatively in excess of that amount

5-28  since the beginning of the [first] current reporting period.

5-29      [7.  The form designed and provided by the Secretary of State

5-30  for the reporting of contributions pursuant to this section must be

5-31  designed to be used by a candidate to record in the form of a list

5-32  each campaign contribution as he receives it.]

5-33      Sec. 5.  NRS 294A.125 is hereby amended to read as follows:

5-34      294A.125  1.  [In addition to complying with the requirements

5-35  set forth in NRS 294A.120, 294A.200 and 294A.360, a] A candidate

5-36  who receives contributions in any year before the year [in which the

5-37  general election or general city election in which the candidate

5-38  intends to seek election to public office is held,] for which he is

5-39  required to file a report pursuant to NRS 294A.120, 294A.200 or

5-40  294A.360, shall, for:

5-41      (a) The year in which he receives contributions in excess of

5-42  $10,000, [list] report each of the contributions that he receives and

5-43  the expenditures in excess of $100 he made in that year.

5-44      (b) Each year after the year in which he received contributions

5-45  in excess of $10,000, until the year [of the general election or

6-1  general city election in which the candidate intends to seek election

6-2  to public office is held, list] for which he is required to file a report

6-3  pursuant to NRS 294A.120, 294A.200 or 294A.360, report each of

6-4  the contributions that he received and the expenditures in excess of

6-5  $100 he made in that year.

6-6  2.  The reports required by subsection 1 must be submitted on

6-7  forms designed and provided by the Secretary of State pursuant to

6-8  [this section and] NRS 294A.362[.] and section 3 of this act. Each

6-9  form must be signed by the candidate under penalty of perjury.

6-10      3.  The name and address of the contributor and the date on

6-11  which the contribution was received must be included on the list for

6-12  each contribution in excess of $100 and contributions that a

6-13  contributor has made cumulatively in excess of that amount[.

6-14      4.  The forms designed and provided by the Secretary of State

6-15  for the reporting of contributions and expenditures pursuant to this

6-16  section must be designed to be used by a candidate to record in the

6-17  form of a list each campaign contribution as he receives it and each

6-18  expenditure as it is made.

6-19      5.] since the beginning of the current reporting period.

6-20      4.  The report must be filed:

6-21      (a) With the [officer with whom the candidate will file the

6-22  declaration of candidacy or acceptance of candidacy for the public

6-23  office the candidate intends to seek.] Secretary of State. A candidate

6-24  may mail the report to [that officer] the Secretary of State by

6-25  certified mail. [If certified mail is used, the date of mailing] A report

6-26  shall be deemed [the date of filing.] to be filed with the Secretary of

6-27  State:

6-28          (1) On the date that it was mailed if it was sent by certified

6-29  mail; or

6-30          (2) On the date that it was received by the Secretary of State

6-31  if the report was sent by regular mail or delivered personally.

6-32      (b) On or before January 15 of the year immediately after the

6-33  year for which the report is made.

6-34      [6.  A county clerk who receives from a candidate for

6-35  legislative or judicial office, except the office of justice of the peace

6-36  or municipal judge, a report of contributions and expenditures

6-37  pursuant to subsection 5]

6-38      5.  The Secretary of State shall file a copy of [the] each report

6-39  of campaign contributions that he receives pursuant to subsection

6-40  4 with the [Secretary of State] officer with whom the candidate

6-41  filed the declaration of candidacy or acceptance of candidacy

6-42  within 10 working days after [he] the Secretary of State receives the

6-43  report.

 

 

7-1  Sec. 6.  NRS 294A.140 is hereby amended to read as follows:

7-2  294A.140  1.  Every person who is not under the direction or

7-3  control of a candidate for office at a primary election, primary city

7-4  election, general election or general city election, of a group of

7-5  such candidates or of any person involved in the campaign of that

7-6  candidate or group who makes an expenditure on behalf of

7-7  the candidate or group which is not solicited or approved by the

7-8  candidate or group, and every committee for political action,

7-9  political party and committee sponsored by a political party which

7-10  makes an expenditure on behalf of such a candidate or group of

7-11  candidates shall, not later than January 15 of each year that the

7-12  provisions of this subsection apply to the person, committee or

7-13  political party, for the period from January 1 of the previous year

7-14  through December 31 of the previous year, report each of the

7-15  contributions that he or it received during the period. The

7-16  provisions of this subsection apply to the person, committee or

7-17  political party beginning the year of the general election or

7-18  general city election for that office through the year immediately

7-19  preceding the next general election or general city election for that

7-20  office.

7-21      2.  Every person, committee or political party described in

7-22  subsection 1 which makes an expenditure on behalf of the

7-23  candidate for office at a primary election, primary city election,

7-24  general election or general city election or on behalf of a group of

7-25  such candidates shall, if the general election or general city

7-26  election for the office for which the candidate or a candidate in

7-27  the group of candidates seeks election is held on or after

7-28  January 1 and before the July 1 immediately following that

7-29  January 1, not later than:

7-30      (a) Seven days before [a] the primary election or primary city

7-31  election[,] for that office, for the period from [30 days after the last

7-32  election for that office to] the January 1 immediately preceding the

7-33  primary election or primary city election through 12 days before

7-34  the primary election or primary city election;

7-35      (b) Seven days before [a] the general election or general city

7-36  election[, whether or not the candidate won the primary election or

7-37  primary city election,] for that office, for the period from [12] 11

7-38  days before the primary election or primary city election [to]

7-39  through 12days before the general election or general city election;

7-40  [and

7-41      (c) The 15th day of the second month after the general election

7-42  or general city election, for the remaining period up to 30 days after

7-43  the general election or general city election,

7-44  list]

8-1  (c) July 15 of the year of the general election or general city

8-2  election for that office, for the period from 11 days before the

8-3  general election or general city election through June 30 of that

8-4  year; and

8-5  (d) January 15 of the year immediately following the general

8-6  election or general city election for that office, for the period from

8-7  the July 1 through the December 31 immediately preceding that

8-8  January 15,

8-9  report each of the contributions received during the period on the

8-10  form designed and provided by the Secretary of State [and shall sign

8-11  the report] pursuant to section 3 of this act. The form must be

8-12  signed by the person or a representative of the committee or

8-13  political party under penalty of perjury.

8-14      [2.] 3. The name and address of the contributor and the date on

8-15  which the contribution was received must be included on the [list]

8-16  report for each contribution in excess of $100 and contributions

8-17  which a contributor has made cumulatively in excess of $100 since

8-18  the beginning of the [first] current reporting period. [The form

8-19  designed and provided by the Secretary of State for the reporting of

8-20  contributions pursuant to this section must be designed to be used

8-21  by the person, committee for political action, political party or

8-22  committee sponsored by a political party to record in the form of a

8-23  list each contribution as it is received.

8-24      3.  If the candidate is elected from one county, the reports must

8-25  be filed with the county clerk of that county. If the candidate is

8-26  elected from one city, the reports must be filed with the city clerk of

8-27  that city. For all other candidates, the]

8-28      4.  Every person, committee or political party described in

8-29  subsection 1 which makes an expenditure on behalf of a candidate

8-30  for office at a primary election, primary city election, general

8-31  election or general city election or on behalf of a group of such

8-32  candidates shall, if the general election or general city election for

8-33  the office for which the candidate or a candidate in the group of

8-34  candidates seeks election is held on or after July 1 and before the

8-35  January 1 immediately following that July 1, not later than:

8-36      (a) Seven days before the primary election or primary city

8-37  election for that office, for the period from the January 1

8-38  immediately preceding the primary election or primary city

8-39  election through 12 days before the primary election or primary

8-40  city election;

8-41      (b) Seven days before the general election or general city

8-42  election for that office, for the period from 11 days before the

8-43  primary election or primary city election through 12 days before

8-44  the general election or general city election; and

9-1  (c) January 15 of the year immediately following the general

9-2  election or general city election for that office, for the period from

9-3  11 days before the general election or general city election

9-4  through the December 31 immediately preceding that

9-5  January 15,

9-6  report each of the contributions received during the period on the

9-7  form designed and provided by the Secretary of State pursuant to

9-8  section 3 of this act. The form must be signed by the person or a

9-9  representative of the committee or political party under penalty of

9-10  perjury.

9-11      5.  Except as otherwise provided in subsection 6, every person,

9-12  committee or political party described in subsection 1 which makes

9-13  an expenditure on behalf of a candidate for office at a special

9-14  election or on behalf of a group of such candidates shall, not later

9-15  than:

9-16      (a) Seven days before the special election for the office for

9-17  which the candidate or a candidate in the group of candidates

9-18  seeks election, for the period from the nomination of the candidate

9-19  through 12 days before the special election; and

9-20      (b) Thirty days after the special election, for the remaining

9-21  period through the special election,

9-22  report each of the contributions received during the period on the

9-23  form designed and provided by the Secretary of State pursuant to

9-24  section 3 of this act. The form must be signed by the person or a

9-25  representative of the committee or political party under penalty of

9-26  perjury.

9-27      6.  Every person, committee or political party described in

9-28  subsection 1 which makes an expenditure on behalf of a candidate

9-29  for office at a special election to determine whether a public

9-30  officer will be recalled or on behalf of a group of candidates for

9-31  offices at such special elections shall report each of the

9-32  contributions received during the period on the form designed and

9-33  provided by the Secretary of State pursuant to section 3 of this act

9-34  and signed by the person or a representative of the committee or

9-35  political party under penalty of perjury, 30 days after:

9-36      (a) The special election, for the period from the filing of the

9-37  notice of intent to circulate the petition for recall through the

9-38  special election; or

9-39      (b) If the special election is not held because a district court

9-40  determines that the petition for recall is legally insufficient

9-41  pursuant to subsection 5 of NRS 306.040, for the period from the

9-42  filing of the notice of intent to circulate the petition for recall

9-43  through the date of the district court’s decision.

9-44      7.  The reports of contributions required pursuant to this

9-45  section must be filed with the Secretary of State. A person or entity

10-1  may file the report with the [appropriate officer] Secretary of State

10-2  by certified mail. [If certified mail is used, the date of mailing] A

10-3  report shall be deemed [the date of filing.

10-4      4.  Each county clerk or city clerk who receives a report

10-5  pursuant to subsection 3] to be filed with the Secretary of State:

10-6      (a) On the date that it was mailed if it was sent by certified

10-7  mail; or

10-8      (b) On the date that it was received by the Secretary of State if

10-9  the report was sent by regular mail or delivered personally.

10-10     8.  The Secretary of State shall file a copy of [the] each report

10-11  of contributions that he receives pursuant to subsection 7 with the

10-12  [Secretary of State] officer with whom the candidate filed the

10-13  declaration of candidacy or acceptance of candidacy within 10

10-14  working days after [he] the Secretary of State receives the report.

10-15     9.  Every person, committee or political party described in

10-16  subsection 1 shall file a report required by this section even if he

10-17  or it receives no contributions.

10-18     Sec. 7.  NRS 294A.150 is hereby amended to read as follows:

10-19     294A.150  1.  Every person or group of persons organized

10-20  formally or informally who advocates the passage or defeat of a

10-21  question or group of questions on the ballot at [any election

10-22  including any recall or special] a primary election , primary city

10-23  election, general election or general city election, shall, not later

10-24  than January 15 of each year that the provisions of this subsection

10-25  apply to the person or group of persons, for the period from

10-26  January 1 of the previous year through December 31 of the

10-27  previous year, report each of the contributions received during

10-28  that period on the form designed and provided by the Secretary of

10-29  State pursuant to section 3 of this act. The form must be signed by

10-30  the person or a representative of the group under penalty of

10-31  perjury. The provisions of this subsection apply to the person or

10-32  group of persons:

10-33     (a) Each year in which an election or city election is held for

10-34  each question for which the person or group advocates passage or

10-35  defeat; and

10-36     (b) The year after each year described in paragraph (a).

10-37     2.  If a question is on the ballot at a primary election or

10-38  primary city election and the general election or general city

10-39  election immediately following that primary election or primary

10-40  city election is held on or after January 1 and before the July 1

10-41  immediately following that January 1, every person or group of

10-42  persons organized formally or informally who advocates the

10-43  passage or defeat of the question or a group of questions that

10-44  includes the question shall comply with the requirements of this

10-45  subsection. If a question is on the ballot at a general election or

11-1  general city election held on or after January 1 and before the

11-2  July 1 immediately following that January 1, every person or

11-3  group of persons organized formally or informally who advocates

11-4  the passage or defeat of the question or a group of questions that

11-5  includes the question shall comply with the requirements of this

11-6  subsection. A person or group of persons described in this

11-7  subsection shall, not later than:

11-8      (a) Seven days before [a] the primary election or primary city

11-9  election, for the period from [30 days after the last general election

11-10  to] the January 1 immediately preceding the primary election or

11-11  primary city election through 12 days before the primary election

11-12  or primary city election;

11-13     (b) Sevendays before [a] the general election or general city

11-14  election, for the period from [12] 11 days before the primary

11-15  election or primary city election [to] through 12 days before the

11-16  general election or general city election; [and

11-17     (c) The 15th day of the second month after the general election

11-18  or general city election, for the remaining period up to 30 days after

11-19  the general election or general city election,

11-20  list]

11-21     (c) July 15 of the year of the general election or general city

11-22  election, for the period from 11 days before the general election or

11-23  general city election through June 30 of that year; and

11-24     (d) January 15 of the year immediately following the general

11-25  election or general city election, for the period from the July 1

11-26  through the December 31 immediately preceding that

11-27  January 15,

11-28  report each of the contributions received during the period on the

11-29  form designed and provided by the Secretary of State [and]

11-30  pursuant to section 3 of this act. The form must be signed by the

11-31  person or a representative of the group under penalty of perjury.

11-32     [2.] 3. The name and address of the [contribution] contributor

11-33  and the date on which the contribution was received must be

11-34  included on the [list] report for each contribution in excess of $100

11-35  and contributions which a contributor has made cumulatively in

11-36  excess of that amount since the beginning of the [first reporting. The

11-37  form designed and provided by the Secretary of State for the

11-38  reporting of contributions pursuant to this section must be designed

11-39  to be used to record in the form of a list each contribution as it is

11-40  received.

11-41     3.  If the question is submitted to the voters of only one county,

11-42  the reports must be filed with the county clerk of that county. If the

11-43  question is submitted to the voters of only one city, the reports must

11-44  be filed with the city clerk of that city. Otherwise, the] current

11-45  reporting period.

12-1      4.  If a question is on the ballot at a primary election or

12-2  primary city election and the general election or general city

12-3  election immediately following that primary election or primary

12-4  city election is held on or after July 1 and before the January 1

12-5  immediately following that July 1, every person or group of

12-6  persons organized formally or informally who advocates the

12-7  passage or defeat of the question or a group of questions that

12-8  includes the question shall comply with the requirements of this

12-9  subsection. If a question is on the ballot at a general election or

12-10  general city election held on or after July 1 and before the

12-11  January 1 immediately following that July 1, every person or

12-12  group of persons organized formally or informally who advocates

12-13  the passage or defeat of the question or a group of questions that

12-14  includes the question shall comply with the requirements of this

12-15  subsection. A person or group of persons described in this

12-16  subsection shall, not later than:

12-17     (a) Seven days before the primary election or primary city

12-18  election, for the period from the January 1 immediately preceding

12-19  the primary election or primary city election through 12 days

12-20  before the primary election or primary city election;

12-21     (b) Seven days before the general election or general city

12-22  election, for the period from 11 days before the primary election or

12-23  primary city election through 12 days before the general election

12-24  or general city election; and

12-25     (c) January 15 of the year immediately following the general

12-26  election or general city election, for the period from 11 days before

12-27  the general election or general city election through the

12-28  December 31 immediately preceding that January 15,

12-29  report each of the contributions received during the period on the

12-30  form designed and provided by the Secretary of State pursuant to

12-31  section 3 of this act. The form must be signed by the person or a

12-32  representative of the group under penalty of perjury.

12-33     5.  Except as otherwise provided in subsection 6, every person

12-34  or group of persons organized formally or informally who

12-35  advocates the passage or defeat of a question or group of

12-36  questions on the ballot at a special election shall, not later than:

12-37     (a) Seven days before the special election, for the period from

12-38  the date that the question qualified for the ballot through 12 days

12-39  before the special election; and

12-40     (b) Thirty days after the special election, for the remaining

12-41  period through the special election,

12-42  report each of the contributions received during the period on the

12-43  form designed and provided by the Secretary of State pursuant to

12-44  section 3 of this act. The form must be signed by the person or a

12-45  representative of the group under penalty of perjury.

13-1      6.  Every person or group of persons organized formally or

13-2  informally who advocates the passage or defeat of a question or

13-3  group of questions on the ballot at a special election to determine

13-4  whether a public officer will be recalled shall report each of the

13-5  contributions received on the form designed and provided by the

13-6  Secretary of State pursuant to section 3 of this act and signed by

13-7  the person or a representative of the group under penalty of

13-8  perjury, 30 days after:

13-9      (a) The special election, for the period from the filing of the

13-10  notice of intent to circulate the petition for recall through the

13-11  special election; or

13-12     (b) If the special election is not held because a district court

13-13  determines that the petition for recall is legally insufficient

13-14  pursuant to subsection 5 of NRS 306.040, for the period from the

13-15  filing of the notice of intent to circulate the petition for recall

13-16  through the date of the district court’s decision.

13-17     7.  The reports must be filed with the Secretary of State. If the

13-18  person or group of persons is advocating passage or defeat of a

13-19  group of questions, the reports [must be made to the officer

13-20  appropriate for each question and] must be itemized by question. A

13-21  person may make his report to the Secretary of State by certified

13-22  mail. A report shall be deemed to be filed with the Secretary of

13-23  State:

13-24     (a) On the date that it was mailed if it was sent by certified

13-25  mail; or

13-26     (b) On the date that it was received by the Secretary of State if

13-27  the report was sent by regular mail or delivered personally.

13-28     [4.  Each county clerk or city clerk who receives a report

13-29  pursuant to subsection 3]

13-30     8.  The Secretary of State shall file a copy of [the report with

13-31  the Secretary of State] each report of contributions that he receives

13-32  pursuant to subsection 7 within 10 working days after [he] the

13-33  Secretary of State receives the report.

13-34     Sec. 8.  NRS 294A.200 is hereby amended to read as follows:

13-35     294A.200  1.  Every candidate for state, district, county or

13-36  township office at a primary or general election shall, not later than

13-37  January 15 of each year that the provisions of this subsection

13-38  apply to the candidate, for the period from January 1 of the

13-39  previous year through December 31 of the previous year, report

13-40  each of the campaign expenses in excess of $100 that he incurs

13-41  and each amount in excess of $100 that he disposes of pursuant to

13-42  NRS 294A.160 during the period on the form designed and

13-43  provided by the Secretary of State pursuant to section 3 of this act.

13-44  The form must be signed by the candidate under penalty of

13-45  perjury. The provisions of this subsection apply to the candidate:

14-1      (a) Beginning the year of the general election for that office

14-2  through the year immediately preceding the next general election

14-3  for that office; and

14-4      (b) Each year immediately succeeding a calendar year during

14-5  which the candidate disposes of contributions pursuant to

14-6  NRS 294A.160.

14-7      2.  Every candidate for state, district, county or township

14-8  office at a primary or general election shall, if the general election

14-9  for the office for which he is a candidate is held on or after

14-10  January 1 and before the July 1 immediately following that

14-11  January 1, not later than:

14-12     (a) Seven days before the primary election[,] for that office, for

14-13  the period from [30 days before the regular session of the

14-14  Legislature after the last election for that office up to] the January 1

14-15  immediately preceding the primary election through 12 days

14-16  before the primary election;

14-17     (b) Seven days before the general election[, whether or not the

14-18  candidate won the primary election,] for that office, for the period

14-19  from [12] 11 days before the primary election [up to] through 12

14-20  days before the general election; [and

14-21     (c) The 15th day of the second month after the general election,

14-22  for the remaining period up to 30 days before the next regular

14-23  session of the Legislature,

14-24  list]

14-25     (c) July 15 of the year of the general election for that office,

14-26  for the period from 11 days before the general election through

14-27  June 30 of that year; and

14-28     (d) January 15 of the year immediately following the general

14-29  election for that office, for the period from the July 1 through the

14-30  December 31 immediately preceding that January 15,

14-31  report each of the campaign expenses in excess of $100 that he

14-32  incurs during the period on forms designed and provided by the

14-33  Secretary of State pursuant to [this section and] NRS 294A.362[.]

14-34  and section 3 of this act. Each form must be signed by the candidate

14-35  under penalty of perjury.

14-36     [2.] 3.  Every candidate for state, district, county or township

14-37  office at a primary or general election shall, if the general election

14-38  for the office for which he is a candidate is held on or after July 1

14-39  and before the January 1 immediately following that July 1, not

14-40  later than:

14-41     (a) Seven days before the primary election for that office, for

14-42  the period from the January 1 immediately preceding the primary

14-43  election through 12 days before the primary election;

15-1      (b) Seven days before the general election for that office, for

15-2  the period from 11 days before the primary election through 12

15-3  days before the general election; and

15-4      (c) January 15 of the year immediately following the general

15-5  election for that office, for the period from 11 days before the

15-6  general election through the December 31 immediately preceding

15-7  that January 15,

15-8  report each of the campaign expenses in excess of $100 that he

15-9  incurs during the period on the form designed and provided by the

15-10  Secretary of State pursuant to section 3 of this act. The form must

15-11  be signed by the candidate under penalty of perjury.

15-12     4. Except as otherwise provided in subsection [3,] 5, every

15-13  candidate for a district office at a special election shall, not later

15-14  than:

15-15     (a) Seven days before the special election, for the period from

15-16  his nomination [up to] through 12 days before the special election;

15-17  and

15-18     (b) [Sixty] Thirty days after the special election, for the

15-19  remaining period [up to 30 days after] through the special

15-20  election,

15-21  [list] report each of the campaign expenses in excess of $100 that he

15-22  incurs during the period on forms designed and provided by the

15-23  Secretary of State pursuant to [this section and] NRS 294A.362[.]

15-24  and section 3 of this act. Each form must be signed by the candidate

15-25  under penalty of perjury.

15-26     [3.] 5. Every candidate for state, district, county, municipal or

15-27  township office at a special election to determine whether a public

15-28  officer will be recalled shall [list] report each of the campaign

15-29  expenses in excess of $100 that he incurs on forms designed and

15-30  provided by the Secretary of State pursuant to [this section and]

15-31  NRS 294A.362 and section 3 of this act and signed by the

15-32  candidate under penalty of perjury, [60] 30 days after:

15-33     (a) The special election, for the period from the filing of the

15-34  notice of intent to circulate the petition for recall [up to 30 days

15-35  after] through the special election; or

15-36     (b) [A] If the special election is not held because a district

15-37  court determines that the petition for recall is legally insufficient

15-38  pursuant to subsection 5 of NRS 306.040, for the period from the

15-39  filing of the notice of intent to circulate the petition for recall [up to]

15-40  through the date of the district court’s decision.

15-41     [4.] 6.  Reports of campaign expenses must be filed with the

15-42  [officer with whom the candidate filed the declaration of candidacy

15-43  or acceptance of candidacy.] Secretary of State. A candidate may

15-44  mail the report to [that officer] the Secretary of State by certified

16-1  mail. [If certified mail is used, the date of mailing] A report shall be

16-2  deemed [the date of filing.

16-3      5.  County clerks who receive from candidates for legislative or

16-4  judicial office, except the office of justice of the peace or municipal

16-5  judge, reports of campaign expenses pursuant to subsection 4] to be

16-6  filed with the Secretary of State:

16-7      (a) On the date that it was mailed if it was sent by certified

16-8  mail; or

16-9      (b) On the date that it was received by the Secretary of State if

16-10  the report was sent by regular mail or delivered personally.

16-11     7.  The Secretary of State shall file a copy of each report of

16-12  campaign expenses with the [Secretary of State] officer with whom

16-13  the candidate filed the declaration of candidacy or acceptance of

16-14  candidacy within 10 working days after [he] the Secretary of State

16-15  receives the report.

16-16     [6.  The forms designed and provided by the Secretary of State

16-17  for the reporting of campaign expenses pursuant to this section must

16-18  be designed to be used by a candidate to record in the form of a list

16-19  each campaign expense as he incurs it.]

16-20     Sec. 9.  NRS 294A.210 is hereby amended to read as follows:

16-21     294A.210  1.  Every person who is not under the direction or

16-22  control of a candidate for an office at a primary election, primary

16-23  city election, general election or general city election, of a group of

16-24  such candidates or of any person involved in the campaign of that

16-25  candidate or group who makes an expenditure on behalf of the

16-26  candidate or group which is not solicited or approved by

16-27  the candidate or group, and every committee for political action,

16-28  political party or committee sponsored by a political party which

16-29  makes an expenditure on behalf of such a candidate or group of

16-30  candidates shall, not later than January 15 of each year that the

16-31  provisions of this subsection apply to the person, committee or

16-32  political party, for the period from January 1 of the previous year

16-33  through December 31 of the previous year, report each

16-34  expenditure made during the period on behalf of the candidate,

16-35  the group of candidates or a candidate in the group of candidates

16-36  in excess of $100 on the form designed and provided by the

16-37  Secretary of State pursuant to section 3 of this act. The form must

16-38  be signed by the person or a representative of the committee or

16-39  political party under penalty of perjury. The provisions of this

16-40  subsection apply to the person, committee or political party

16-41  beginning the year of the general election or general city election

16-42  for that office through the year immediately preceding the next

16-43  general election or general city election for that office.

16-44     2.  Every person, committee or political party described in

16-45  subsection 1 which makes an expenditure on behalf of a candidate

17-1  for office at a primary election, primary city election, general

17-2  election or general city election or a group of such candidates

17-3  shall, if the general election or general city election for the office

17-4  for which the candidate or a candidate in the group of candidates

17-5  seeks election is held on or after January 1 and before the July 1

17-6  immediately following that January 1, not later than:

17-7      (a) Sevendays before [a] the primary election or primary city

17-8  election[,] for that office, for the period from [30 days after the last

17-9  election for that office to] the January 1 immediately preceding the

17-10  primary election or primary city election through 12 days before

17-11  the primary election or primary city election;

17-12     (b) Seven days before [a] the general election or general city

17-13  election[, whether or not the candidate won the primary election or

17-14  primary city election,] for that office, for the period from [12] 11

17-15  days before the primary election or primary city election [to]

17-16  through 12 days before the general election or general city election;

17-17  [and

17-18     (c) The 15th day of the second month after a general election or

17-19  general city election, for the remaining period up to 30 days after the

17-20  general election or general city election,

17-21  list]

17-22     (c) July 15 of the year of the general election or general city

17-23  election for that office, for the period from 11 days before the

17-24  general election or general city election through the June 30 of

17-25  that year; and

17-26     (d) January 15 of the year immediately following the general

17-27  election or general city election for that office, for the period from

17-28  the July 1 through the December 31 immediately preceding that

17-29  January 15,

17-30  report each expenditure made during the period on behalf of [a

17-31  candidate or] the candidate, the group of candidates or a candidate

17-32  in the group of candidates in excess of $100 on [forms] the form

17-33  designed and provided by the Secretary of State [and signed]

17-34  pursuant to section 3 of this act. The form must be signed by the

17-35  person or a representative of the [group] committee or political

17-36  party under penalty of perjury. [The report must also include

17-37  identification of expenditures which the person or group made

17-38  cumulatively in excess of $100 since the beginning of the first

17-39  reporting period.

17-40     2.] 3.  Every person, committee or political party described in

17-41  subsection 1 which makes an expenditure on behalf of a candidate

17-42  for office at a primary election, primary city election, general

17-43  election or general city election or on behalf of a group of such

17-44  candidates shall, if the general election or general city election for

17-45  the office for which the candidate or a candidate in the group of

18-1  candidates seeks election is held on or after July 1 and before the

18-2  January 1 immediately following that July 1, not later than:

18-3      (a) Seven days before the primary election or primary city

18-4  election for that office, for the period from the January 1

18-5  immediately preceding the primary election or primary city

18-6  election through 12 days before the primary election or primary

18-7  city election;

18-8      (b) Seven days before the general election or general city

18-9  election for that office, for the period from 11 days before the

18-10  primary election or primary city election through 12 days before

18-11  the general election or general city election; and

18-12     (c) January 15 of the year immediately following the general

18-13  election or general city election for that office, for the period from

18-14  11 days before the general election or general city election

18-15  through the December 31 immediately preceding that

18-16  January 15,

18-17  report each expenditure made during the period on behalf of the

18-18  candidate, the group of candidates or a candidate in the group of

18-19  candidates in excess of $100 on the form designed and provided by

18-20  the Secretary of State pursuant to section 3 of this act. The form

18-21  must be signed by the person or a representative of the committee

18-22  or political party under penalty of perjury.

18-23     4.  Except as otherwise provided in subsection 5, every person,

18-24  committee or political party described in subsection 1 which makes

18-25  an expenditure on behalf of a candidate for office at a special

18-26  election or on behalf of a group of such candidates shall, not later

18-27  than:

18-28     (a) Seven days before the special election for the office for

18-29  which the candidate or a candidate in the group of candidates

18-30  seeks election, for the period from the nomination of the candidate

18-31  through 12 days before the special election; and

18-32     (b) Thirty days after the special election, for the remaining

18-33  period through the special election,

18-34  report each expenditure made during the period on behalf of the

18-35  candidate, the group of candidates or a candidate in the group of

18-36  candidates in excess of $100 on the form designed and provided by

18-37  the Secretary of State pursuant to section 3 of this act. The form

18-38  must be signed by the person or a representative of the committee

18-39  or political party under penalty of perjury.

18-40     5.  Every person, committee or political party described in

18-41  subsection 1 which makes an expenditure on behalf of a candidate

18-42  for office at a special election to determine whether a public

18-43  officer will be recalled or on behalf of a group of such candidates

18-44  shall list each expenditure made on behalf of the candidate, the

18-45  group of candidates or a candidate in the group of candidates in

19-1  excess of $100 on the form designed and provided by the Secretary

19-2  of State pursuant to section 3 of this act and signed by the person

19-3  or a representative of the committee or political party under

19-4  penalty of perjury, 30 days after:

19-5      (a) The special election, for the period from the filing of the

19-6  notice of intent to circulate the petition for recall through the

19-7  special election; or

19-8      (b) If the special election is not held because a district court

19-9  determines that the petition for recall is legally insufficient

19-10  pursuant to subsection 5 of NRS 306.040, for the period from the

19-11  filing of the notice of intent to circulate the petition for recall

19-12  through the date of the district court’s decision.

19-13     6. Expenditures made within the State or made elsewhere but

19-14  for use within the State, including expenditures made outside the

19-15  State for printing, television and radio broadcasting or other

19-16  production of the media, must be included in the report.

19-17     [3.  If the candidate is elected from one county, the reports must

19-18  be filed with the county clerk of that county. If the candidate is

19-19  elected from one city, the reports must be filed with the city clerk of

19-20  that city. Otherwise, the]

19-21     7.  The reports must be filed with the Secretary of State. If an

19-22  expenditure is made on behalf of a group of candidates, the reports

19-23  must be [made to the officer appropriate for each candidate and]

19-24  itemized by the candidate. A person may make his report to the

19-25  [appropriate officer] Secretary of State by certified mail. [If

19-26  certified mail is used, the date of mailing] A report shall be deemed

19-27  [the date of filing.

19-28     4.  Each county clerk or city clerk who receives a report

19-29  pursuant to subsection 3] to be filed with the Secretary of State:

19-30     (a) On the date that it was mailed if it was sent by certified

19-31  mail; or

19-32     (b) On the date that it was received by the Secretary of State if

19-33  the report was sent by regular mail or delivered personally.

19-34     8.  The Secretary of State shall file a copy of [the] each report

19-35  that he receives pursuant to subsection 7 with the [Secretary of

19-36  State] officer with whom the candidate filed the declaration of

19-37  candidacy or acceptance of candidacy within 10 working days after

19-38  [he] the Secretary of State receives the report.

19-39     [5.  The forms designed and provided by the Secretary of State

19-40  for the reporting of expenditures pursuant to this section must be

19-41  designed to be used by the person or representative of the group to

19-42  record in the form of a list each expenditure as it is made.]

19-43     9.  Every person, committee or political party described in

19-44  subsection 1 shall file a report required by this section even if he

19-45  or it receives no contributions.

20-1      Sec. 10.  NRS 294A.220 is hereby amended to read as follows:

20-2      294A.220  1.  Every person or group of persons organized

20-3  formally or informally who advocates the passage or defeat of a

20-4  question or group of questions on the ballot at [any election

20-5  including any recall or special] a primary election , primary city

20-6  election, general election or general city election, shall, not later

20-7  than January 15 of each year that the provisions of this subsection

20-8  apply to the person or group of persons, for the period from

20-9  January 1 of the previous year through December 31 of the

20-10  previous year, report each expenditure made during the period on

20-11  behalf of or against the question, the group of questions or a

20-12  question in the group of questions on the ballot in excess of $100

20-13  on the form designed and provided by the Secretary of State

20-14  pursuant to section 3 of this act. The form must be signed by the

20-15  person or a representative of the group under penalty of perjury.

20-16  The provisions of this subsection apply to the person or group of

20-17  persons:

20-18     (a) Each year in which an election or city election is held for a

20-19  question for which the person or group advocates passage or

20-20  defeat; and

20-21     (b) The year after each year described in paragraph (a).

20-22     2.  If a question is on the ballot at a primary election or

20-23  primary city election and the general election or general city

20-24  election immediately following that primary election or primary

20-25  city election is held on or after January 1 and before the July 1

20-26  immediately following that January 1, every person or group of

20-27  persons organized formally or informally who advocates the

20-28  passage or defeat of the question or a group of questions that

20-29  includes the question shall comply with the requirements of this

20-30  subsection. If a question is on the ballot at a general election or

20-31  general city election held on or after January 1 and before the

20-32  July 1 immediately following that January 1, every person or

20-33  group of persons organized formally or informally who advocates

20-34  the passage or defeat of the question or a group of questions that

20-35  includes the question shall comply with the requirements of this

20-36  subsection. A person or group of persons described in this

20-37  subsection shall, not later than:

20-38     (a) Seven days before [a] the primary election or primary city

20-39  election, for the period from [30 days after the last general election

20-40  to] the January 1 immediately preceding the primary election or

20-41  primary city election through 12 days before the primary election

20-42  or primary city election;

20-43     (b) Seven days before [a] the general election or general city

20-44  election, for the period from [12] 11 days before the primary

21-1  election or primary city election [to] through 12days before the

21-2  general election or general city election; [and

21-3      (c) The 15th day of the second month after the general election

21-4  or general city election, for the remaining period up to 30 days after

21-5  the general election or general city election, list]

21-6      (c) July 15 of the year of the general election or general city

21-7  election, for the period from 11 days before the general election or

21-8  general city election through the June 30 immediately preceding

21-9  that July 15; and

21-10     (d) January 15 of the year immediately following the general

21-11  election or general city election, for the period from the July 1

21-12  through the December 31 immediately preceding that

21-13  January 15,

21-14  report each expenditure made during the period on behalf of or

21-15  against [a question or] the question, the group of questions or a

21-16  question in the group of questions on the ballot in excess of $100

21-17  on the form designed and provided by the Secretary of State [and]

21-18  pursuant to section 3 of this act. The form must be signed by the

21-19  person or a representative of the group under penalty of perjury.

21-20  [The report must also include the identification of expenditures

21-21  which the person or group made cumulatively in excess of $100

21-22  since the beginning of the first reporting period.

21-23     2.] 3. If a question is on the ballot at a primary election or

21-24  primary city election and the general election or general city

21-25  election immediately following that primary election or primary

21-26  city election is held on or after July 1 and before the January 1

21-27  immediately following that July 1, every person or group of

21-28  persons organized formally or informally who advocates the

21-29  passage or defeat of the question or a group of questions that

21-30  includes the question shall comply with the requirements of this

21-31  subsection. If a question is on the ballot at a general election or

21-32  general city election held on or after July 1 and before the

21-33  January 1 immediately following that July 1, every person or

21-34  group of persons organized formally or informally who advocates

21-35  the passage or defeat of the question or a group of questions that

21-36  includes the question shall comply with the requirements of this

21-37  subsection. A person or group of persons described in this

21-38  subsection shall, not later than:

21-39     (a) Seven days before the primary election or primary city

21-40  election, for the period from the January 1 immediately preceding

21-41  the primary election or primary city election through 12 days

21-42  before the primary election or primary city election;

21-43     (b) Seven days before the general election or general city

21-44  election, for the period from 11 days before the primary election or

22-1  primary city election through 12 days before the general election

22-2  or general city election; and

22-3      (c) January 15 of the year immediately following the general

22-4  election or general city election, for the period from 11 days before

22-5  the general election or general city election through the

22-6  December 31 immediately preceding that January 15,

22-7  report each expenditure made during the period on behalf of or

22-8  against the question, the group of questions or a question in the

22-9  group of questions on the ballot in excess of $100 on the form

22-10  designed and provided by the Secretary of State pursuant to

22-11  section 3 of this act. The form must be signed by the person or a

22-12  representative of the group under penalty of perjury.

22-13     4.  Except as otherwise provided in subsection 5, every person

22-14  or group of persons organized formally or informally who

22-15  advocates the passage or defeat of a question or group of

22-16  questions on the ballot at a special election shall, not later than:

22-17     (a) Seven days before the special election, for the period from

22-18  the date the question qualified for the ballot through 12 days

22-19  before the special election; and

22-20     (b) Thirty days after the special election, for the remaining

22-21  period through the special election,

22-22  report each expenditure made during the period on behalf of or

22-23  against the question, the group of questions or a question in the

22-24  group of questions on the ballot in excess of $100 on the form

22-25  designed and provided by the Secretary of State pursuant to

22-26  section 3 of this act. The form must be signed by the person or a

22-27  representative of the group under penalty of perjury.

22-28     5.  Every person or group of persons organized formally or

22-29  informally who advocates the passage or defeat of a question or

22-30  group of questions on the ballot at a special election to determine

22-31  whether a public officer will be recalled shall list each expenditure

22-32  made during the period on behalf of or against the question, the

22-33  group of questions or a question in the group of questions on

22-34  the ballot in excess of $100 on the form designed and provided by

22-35  the Secretary of State pursuant to section 3 of this act and signed

22-36  by the person or a representative of the group under penalty of

22-37  perjury, 30 days after:

22-38     (a) The special election, for the period from the filing of the

22-39  notice of intent to circulate the petition for recall through the

22-40  special election; or

22-41     (b) If the special election is not held because a district court

22-42  determines that the petition for recall is legally insufficient

22-43  pursuant to subsection 5 of NRS 306.040, for the period from the

22-44  filing of the notice of intent to circulate the petition for recall

22-45  through the date of the district court’s decision.

23-1      6.  Expenditures made within the State or made elsewhere but

23-2  for use within the State, including expenditures made outside the

23-3  State for printing, television and radio broadcasting or other

23-4  production of the media, must be included in the report.

23-5      [3.  If the question is submitted to the voters of only one county,

23-6  the reports must be filed with the county clerk of that county. If the

23-7  question is submitted to the voters of only one city, the reports must

23-8  be filed with the city clerk of that city. Otherwise, the]

23-9      7.  The reports must be filed with the Secretary of State. If an

23-10  expenditure is made on behalf of a group of questions, the reports

23-11  [must be made to the officer appropriate for each question and] must

23-12  be itemized by question. A person may make his report to the

23-13  [appropriate filing officer] Secretary of State by certified mail. [If

23-14  certified mail is used, the date of mailing] A report shall be deemed

23-15  [the date of filing.

23-16     4.  Each county clerk or city clerk who receives a report

23-17  pursuant to subsection 3 shall file a copy of the report with the

23-18  Secretary of State within 10 working days after he receives the

23-19  report.

23-20     5.  The form designed and provided by the Secretary of State

23-21  for the reporting of expenditure pursuant to this section must be

23-22  designed to be used by the person or representative of the group to

23-23  record in the form of a list each expenditure as it is made.] to be

23-24  filed with the Secretary of State:

23-25     (a) On the date that it was mailed if it was sent by certified

23-26  mail; or

23-27     (b) On the date that it was received by the Secretary of State if

23-28  the report was sent by regular mail or delivered personally.

23-29     8.  The Secretary of State shall file a copy of each report that

23-30  he receives pursuant to subsection 7 with the officer with whom

23-31  the candidate filed the declaration of candidacy or acceptance of

23-32  candidacy within 10 working days after the Secretary of State

23-33  receives the report.

23-34     Sec. 11.  NRS 294A.230 is hereby amended to read as follows:

23-35     294A.230  1.  Each committee for political action , person or

23-36  group of persons organized formally or informally who advocates

23-37  the passage or defeat of a question or group of questions on the

23-38  ballot at a primary election, primary city election, general election

23-39  or general city election, shall, before it engages in any activity in

23-40  this state, register with the Secretary of State on forms supplied by

23-41  him.

23-42     2.  The form must require:

23-43     (a) The name of the committee[;] , person or group;

23-44     (b) The purpose for which [it] the committee or group was

23-45  organized;

24-1      (c) The names and addresses of [its officers;] the officers of the

24-2  committee or group;

24-3      (d) If the committee for political action , person or group of

24-4  persons described in subsection 1, is affiliated with any other

24-5  organizations, the name and address of each organization;

24-6      (e) The name and address of [its resident agent;] the resident

24-7  agent of the committee or group; and

24-8      (f) Any other information deemed necessary by the Secretary of

24-9  State.

24-10     3.  A committee for political action , person or group of

24-11  persons described in subsection 1, shall file with the Secretary of

24-12  State an amended form for registration within 30 days after any

24-13  change in the information contained in the form for registration.

24-14     Sec. 12.  NRS 294A.270 is hereby amended to read as follows:

24-15     294A.270  1.  Except as otherwise provided in subsection 3,

24-16  each committee for the recall of a public officer shall, not later than:

24-17     (a) Seven days before the special election to recall a public

24-18  officer, for the period from the filing of the notice of intent to

24-19  circulate the petition for recall [up to] through 12 days before the

24-20  special election; and

24-21     (b) Thirty days after the election, for the remaining period [up

24-22  to] through the election,

24-23  [list] report each contribution received or made by the committee in

24-24  excess of$100 on [a] the form designed and provided by the

24-25  Secretary of State [and] pursuant to section 3 of this act. The form

24-26  must be signed by a representative of the committee under penalty

24-27  of perjury.

24-28     2.  If a petition for the purpose of recalling a public officer is

24-29  not filed before the expiration of the notice of intent, the committee

24-30  for the recall of a public officer shall, not later than 30 days after the

24-31  expiration of the notice of intent, [list] report each contribution

24-32  received [or] by the committee, and each contribution made by the

24-33  committee in excess of $100.

24-34     3.  If a court does not order a special election for the recall of

24-35  the public officer, the committee for the recall of a public officer

24-36  shall, not later than 30 days after the court determines that an

24-37  election will not be held, for the period from the filing of the notice

24-38  of intent to circulate the petition for recall [up to] through the day

24-39  the court determines that an election will not be held, [list] report

24-40  each contribution received [or] by the committee, and each

24-41  contribution made by the committee in excess of $100.

24-42     4.  Each report of contributions must be filed with the Secretary

24-43  of State. The committee may mail the report by certified mail. [If

24-44  certified mail is used, the date of mailing] A report shall be deemed

24-45  [the date of filing.] to be filed with the Secretary of State:

25-1      (a) On the date that it was mailed if it was sent by certified

25-2  mail; or

25-3      (b) On the date that it was received by the Secretary of State if

25-4  the report was sent by regular mail or delivered personally.

25-5      5.  The name and address of the contributor and the date on

25-6  which the contribution was received must be included on the [list]

25-7  report for each contribution, whether from or to a natural person,

25-8  association or corporation, in excess of $100 and contributions

25-9  which a contributor or the committee has made cumulatively in

25-10  excess of that amount since the beginning of the [first] current

25-11  reporting period. [The form designed and provided by the Secretary

25-12  of State for the reporting of contributions pursuant to this section

25-13  must be designed to be used by the committee to record in the form

25-14  of a list each contribution as it is received or made.]

25-15     Sec. 13.  NRS 294A.280 is hereby amended to read as follows:

25-16     294A.280  1.  Except as otherwise provided in subsection 3,

25-17  each committee for the recall of a public officer shall, not later than:

25-18     (a) Seven days before the special election to recall a public

25-19  officer, for the period from the filing of the notice of intent to

25-20  circulate the petition for recall [up to] through 12 days before the

25-21  special election; and

25-22     (b) Thirty days after the election, for the remaining period [up

25-23  to] through the election,

25-24  [list] report each expenditure made by the committee in excess of

25-25  $100 on [a] the form designed and provided by the Secretary of

25-26  State [and] pursuant to section 3 of this act. The form must be

25-27  signed by a representative of the committee under penalty of

25-28  perjury.

25-29     2.  If a petition for the purpose of recalling a public officer is

25-30  not filed before the expiration of the notice of intent, the committee

25-31  for the recall of a public officer shall, not later than 30 days after the

25-32  expiration of the notice of intent, [list] report each expenditure made

25-33  by the committee in excess of $100.

25-34     3.  If a court does not order a special election for the recall of

25-35  the public officer, the committee for the recall of a public officer

25-36  shall, not later than 30 days after the court determines that an

25-37  election will not be held, for the period from the filing of the notice

25-38  of intent to circulate the petition for recall [up to] through the day

25-39  the court determines that an election will not be held, [list] report

25-40  each expenditure made by the committee in excess of $100.

25-41     4.  [The report must also include identification of expenditures

25-42  which the committee for the recall of a public officer made

25-43  cumulatively in excess of $100 since the beginning of the first

25-44  reporting period.

26-1      5.] Each report of expenditures must be filed with the Secretary

26-2  of State. The committee may mail the report to the Secretary of

26-3  State by certified mail. [If certified mail is used, the date of mailing]

26-4  A report shall be deemed [the date of filing.

26-5      6.  The form designed and provided by the Secretary of State

26-6  for the reporting of expenditures pursuant to this section must be

26-7  designed to be used by a committee to record in the form of a list

26-8  each expenditure as it is made.] to be filed with the Secretary of

26-9  State:

26-10     (a) On the date that it was mailed if it was sent by certified

26-11  mail; or

26-12     (b) On the date that it was received by the Secretary of State if

26-13  the report was sent by regular mail or delivered personally.

26-14     Sec. 14.  NRS 294A.360 is hereby amended to read as follows:

26-15     294A.360  1.  Every candidate for city office [where the] at a

26-16  primary city election or general city election [is preceded by a

26-17  primary city election] shall file the reports in the manner required by

26-18  NRS 294A.120[, 294A.200 and 294A.350] and 294A.200 for other

26-19  offices not later than January 15 of each year that the provisions

26-20  of this subsection apply to the candidate, for the period from

26-21  January 1 of the previous year through December 31 of the

26-22  previous year. The provisions of this subsection apply to the

26-23  candidate:

26-24     (a) Beginning the year of the general city election for that

26-25  office through the year immediately preceding the next general

26-26  city election for that office; and

26-27     (b) Each year immediately succeeding a calendar year during

26-28  which the candidate disposes of contributions pursuant to

26-29  NRS 294A.160.

26-30     2.  Every candidate for city office at a primary city election or

26-31  general city election, if the general city election for the office for

26-32  which he is a candidate is held on or after January 1 and before

26-33  the July 1 immediately following that January 1, shall file the

26-34  reports in the manner required by NRS 294A.120 and 294A.200

26-35  for other offices not later

26-36  than:

26-37     (a) Seven days before the primary city election[,] for that

26-38  office, for the period from [30 days after the last election for that

26-39  office up to] the January 1 immediately preceding the primary city

26-40  election through 12 days before the primary city election;

26-41     (b) Seven days before the general city election[, whether or not

26-42  the candidate won the primary city election,] for that office, for the

26-43  period from [12] 11 days before the primary city election [up to]

26-44  through 12 days before the general city election; [and

27-1      (c) The 15th day of the second month after the general city

27-2  election, for the remaining period up to 30 days after the general city

27-3  election.

27-4      2.  Every]

27-5      (c) July 15 of the year of the general city election for that

27-6  office, for the period from 11 days before the general city election

27-7  through the June 30 of that year; and

27-8      (d) January 15 of the year immediately following the general

27-9  city election for that office, for the period from the July 1 through

27-10  the December 31 immediately preceding that January 15.

27-11     3.  Every candidate for city office at a primary city election or

27-12  general city election, if the general city election for the office for

27-13  which he is a candidate is held on or after July 1 and before the

27-14  January 1 immediately following that July 1, shall file the reports

27-15  in the manner required by NRS 294A.120 and 294A.200 for other

27-16  offices not later than:

27-17     (a) Seven days before the primary city election for that office,

27-18  for the period from the January 1 immediately preceding the

27-19  primary city election through 12 days before the primary city

27-20  election;

27-21     (b) Seven days before the general city election for that office,

27-22  for the period from 11 days before the primary city election

27-23  through 12 days before the general city election; and

27-24     (c) January 15 of the year immediately following the general

27-25  city election for that office, for the period from 11 days before the

27-26  general city election through the December 31 immediately

27-27  preceding that January 15.

27-28     4.  Except as otherwise provided in subsection 5, every

27-29  candidate for city office [where there is no primary city] at a special

27-30  election shall so file those reports:

27-31     (a) Seven days before the [general city] special election, for the

27-32  period from [30 days after the last election for that office up to] his

27-33  nomination through 12 days before the [general city] special

27-34  election; and

27-35     (b) [The 15th day of the second month] Thirty days after the

27-36  [general city] special election, for the remaining period [up to 30

27-37  days after the general city election.

27-38     3.  The city clerk shall design the form for each report a

27-39  candidate for city office is required to file pursuant to NRS

27-40  294A.120 and 294A.200. The form designed and provided by the

27-41  city clerk for the reporting of campaign contributions and campaign

27-42  expenses pursuant to this section must be designed to be used to

27-43  record in the form of a list each campaign contribution as it is made

27-44  and each campaign expense in excess of $100 as it is incurred.

28-1  The city clerk shall submit the form to the Secretary of State for

28-2  approval. The city clerk shall not use such a form until it is

28-3  approved.] through the special election.

28-4      5.  Every candidate for city office at a special election to

28-5  determine whether a public officer will be recalled shall so file

28-6  those reports 30 days after:

28-7      (a) The special election, for the period from the filing of the

28-8  notice of intent to circulate the petition for recall through the

28-9  special election; or

28-10     (b) If the special election is not held because a district court

28-11  determines that the petition for recall is legally insufficient

28-12  pursuant to subsection 5 of NRS 306.040, for the period from the

28-13  filing of the notice of intent to circulate the petition for recall

28-14  through the date of the district court’s decision.

28-15     Sec. 15.  NRS 294A.365 is hereby amended to read as follows:

28-16     294A.365  1.  Each report of expenditures required pursuant to

28-17  NRS 294A.210, 294A.220 and 294A.280 must consist of a list of

28-18  [the expenditures] each expenditure in excess of $100 that was

28-19  made during the periods for reporting. Each report of expenses

28-20  required pursuant to NRS 294A.125 and 294A.200 must consist of a

28-21  list of each expense in excess of $100 that was incurred during the

28-22  periods for reporting. The list in each report must state the category

28-23  and amount of the expense or expenditure and the date on which the

28-24  expense was incurred or the expenditure was made.

28-25     2.  The categories of expense or expenditure for use on the

28-26  report of expenses or expenditures are:

28-27     (a) Office expenses;

28-28     (b) Expenses related to volunteers;

28-29     (c) Expenses related to travel;

28-30     (d) Expenses related to advertising[;] , including, without

28-31  limitation, expenses related to:

28-32         (1) Publication of information in a newspaper;

28-33         (2) Television and radio broadcasting or other production

28-34  of the media;

28-35         (3) Printed advertising, including, without limitation,

28-36  printing on signs, billboards, posters, brochures, buttons, clothing

28-37  and direct mail; and

28-38         (4) Internet services;

28-39     (e) Expenses related to paid staff;

28-40     (f) Expenses related to consultants;

28-41     (g) Expenses related to polling;

28-42     (h) Expenses related to special events;

28-43     (i) Except as otherwise provided in NRS 294A.362, goods and

28-44  services provided in kind for which money would otherwise have

28-45  been paid; and

29-1      (j) Other miscellaneous expenses.

29-2      3.  [The Secretary of State and each city clerk shall not require a

29-3  candidate to provide separately the total amount of each category of

29-4  expenses described in this section.] Each report of expenses or

29-5  expenditures described in subsection 1 must list the disposition of

29-6  any unspent campaign contributions using the categories set forth

29-7  in subsection 2 of NRS 294A.160.

29-8      Sec. 16.  NRS 294A.390 is hereby amended to read as follows:

29-9      294A.390  The officer from whom a candidate or entity

29-10  requests a form for:

29-11     1.  A declaration of candidacy;

29-12     2.  An acceptance of candidacy;

29-13     3.  The registration of a committee for political action pursuant

29-14  to NRS 294A.230 or a committee for the recall of a public officer

29-15  pursuant to NRS 294A.250; or

29-16     4.  The reporting of campaign contributions, expenses or

29-17  expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,

29-18  [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280

29-19  or 294A.360,

29-20  shall furnish the candidate with the necessary forms for reporting

29-21  and copies of the regulations adopted by the Secretary of State

29-22  pursuant to this chapter. An explanation of the applicable provisions

29-23  of NRS 294A.100, 294A.120, 294A.140, 294A.150, [294A.180,]

29-24  294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360

29-25  relating to the making, accepting or reporting of campaign

29-26  contributions, expenses or expenditures and the penalties for a

29-27  violation of those provisions as set forth in NRS 294A.100 or

29-28  294A.420 must be printed on the forms. The candidate or entity

29-29  shall acknowledge receipt of the material.

29-30     Sec. 17.  NRS 294A.410 is hereby amended to read as follows:

29-31     294A.410  1.  Except as otherwise provided in NRS 294A.345

29-32  and 294A.346, if it appears that the provisions of this chapter have

29-33  been violated, the Secretary of State may:

29-34     (a) Conduct an investigation concerning the alleged violation

29-35  and cause the appropriate proceedings to be instituted and

29-36  prosecuted in the First Judicial District Court; or

29-37     (b) Refer the alleged violation to the Attorney General. The

29-38  Attorney General shall investigate the alleged violation and institute

29-39  and prosecute the appropriate proceedings in the First Judicial

29-40  District Court without delay.

29-41     2.  A person who believes that any provision of this chapter has

29-42  been violated may notify the Secretary of State, in writing, of the

29-43  alleged violation. The notice must be signed by the person alleging

29-44  the violation and include any information in support of the alleged

29-45  violation.

30-1      3.  For the purposes of this section, the provisions of this

30-2  chapter have been violated if a person or entity provides

30-3  incomplete or untrue information in any document required to be

30-4  filed pursuant to this chapter.

30-5      Sec. 18.  NRS 294A.420 is hereby amended to read as follows:

30-6      294A.420  1.  If the Secretary of State receives information

30-7  that a person or entity that is subject to the provisions of NRS

30-8  294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,

30-9  294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not

30-10  filed a report or form for registration pursuant to the applicable

30-11  provisions of those sections, the Secretary of State may, after giving

30-12  notice to that person or entity, cause the appropriate proceedings to

30-13  be instituted in the First Judicial District Court.

30-14     2.  Except as otherwise provided in this section, a person or

30-15  entity that violates an applicable provision of NRS 294A.112,

30-16  294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170,

30-17  [294A.180,] 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,

30-18  294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject

30-19  to a civil penalty of not more than $5,000 for each violation and

30-20  payment of court costs and attorney’s fees. The civil penalty must

30-21  be recovered in a civil action brought in the name of the State of

30-22  Nevada by the Secretary of State in the First Judicial District Court

30-23  and deposited by the Secretary of State for credit to the State

30-24  General Fund in the bank designated by the Treasurer.

30-25     3.  If a civil penalty is imposed because a person or entity has

30-26  reported its contributions, expenses or expenditures after the date

30-27  the report is due, the amount of the civil penalty is:

30-28     (a) If the report is not more than 7 days late, $25 for each day

30-29  the report is late.

30-30     (b) If the report is more than 7 days late but not more than 15

30-31  days late, $50 for each day the report is late.

30-32     (c) If the report is more than 15 days late, $100 for each day the

30-33  report is late.

30-34     4.  For good cause shown, the Secretary of State may waive a

30-35  civil penalty that would otherwise be imposed pursuant to this

30-36  section. If the Secretary of State waives a civil penalty pursuant to

30-37  this subsection, the Secretary of State shall:

30-38     (a) Create a record which sets forth that the civil penalty has

30-39  been waived and describes the circumstances that constitute the

30-40  good cause shown; and

30-41     (b) Ensure that the record created pursuant to paragraph (a) is

30-42  available for review by the general public.

 

 

31-1      Sec. 19.  Chapter 281 of NRS is hereby amended by adding

31-2  thereto the provisions set forth as sections 20 and 21 of this act.

31-3      Sec. 20.  1.  On or before November 20 of each year, the

31-4  Director of the Legislative Counsel Bureau, Chief of the Budget

31-5  Division of the Department of Administration, county clerk of

31-6  each county and city clerk of each city shall submit electronically

31-7  to the Commission a list of public officers of the legislative branch

31-8  of state government, executive branch of state government, county

31-9  and city, respectively.

31-10     2.  As used in this section, “county clerk” has the meaning

31-11  ascribed to it in NRS 293.044.

31-12     Sec. 21.  1.  Except as otherwise provided in subsection 2, if

31-13  a public officer who was appointed to the office for which he is

31-14  serving is entitled to receive compensation for serving in that

31-15  office, he shall file with the Commission a statement of financial

31-16  disclosure, as follows:

31-17     (a) A public officer appointed to fill the unexpired term of an

31-18  elected public officer shall file a statement of financial disclosure

31-19  within 30 days after his appointment.

31-20     (b) Each public officer appointed to fill an office shall file a

31-21  statement of financial disclosure on or before January 15 of each

31-22  year of the term, including the year the term expires.

31-23     2.  If a person is serving in a public office for which he is

31-24  required to file a statement pursuant to subsection 1, he may use

31-25  the statement he files for that initial office to satisfy the

31-26  requirements of subsection 1 for every other public office to which

31-27  he is appointed and in which he is also serving.

31-28     3.  A judicial officer who is appointed to fill the unexpired

31-29  term of a predecessor or to fill a newly created judgeship shall file

31-30  a statement of financial disclosure pursuant to the requirements of

31-31  Canon 4I of the Nevada Code of Judicial Conduct. Such a

31-32  statement of financial disclosure must include, without limitation,

31-33  all information required to be included in a statement of financial

31-34  disclosure pursuant to NRS 281.571.

31-35     4.  The Commission shall provide written notification to the

31-36  Secretary of State of the public officers who failed to file the

31-37  statements of financial disclosure required by subsection 1 or who

31-38  failed to file those statements in a timely manner. The notice must

31-39  be sent within 30 days after the deadlines set forth in subsection 1

31-40  and must include:

31-41     (a) The name of each public officer who failed to file his

31-42  statement of financial disclosure within the period before the

31-43  notice is sent;

32-1      (b) The name of each public officer who filed his statement of

32-2  financial disclosure after the deadlines set forth in subsection 1

32-3  but within the period before the notice is sent;

32-4      (c) For the first notice sent after the public officer filed his

32-5  statement of financial disclosure, the name of each public officer

32-6  who filed his statement of financial disclosure after the deadlines

32-7  set forth in subsection 1 but within the period before the notice is

32-8  sent; and

32-9      (d) For each public officer listed in paragraph (c), the date on

32-10  which the statement of financial disclosure was due and the date

32-11  on which the public officer filed the statement.

32-12     5.  In addition to the notice provided pursuant to subsection 4,

32-13  the Commission shall notify the Secretary of State of each public

32-14  officer who files a statement of financial disclosure more than 30

32-15  days after the deadlines set forth in subsection 1. The notice must

32-16  include the information described in paragraphs (c) and (d) of

32-17  subsection 4.

32-18     6.  The Commission shall reject any statement of financial

32-19  disclosure that is incomplete. If the Commission determines that a

32-20  statement of financial disclosure is incomplete it shall notify the

32-21  public officer who filed the statement. For the purposes of this

32-22  section, a statement of financial disclosure must not be considered

32-23  to be filed with the Commission if it is incomplete.

32-24     7.  A statement of financial disclosure shall be deemed to be

32-25  filed with the Commission:

32-26     (a) On the date that it was mailed if it was sent by certified

32-27  mail; or

32-28     (b) On the date that it was received by the Commission if the

32-29  statement was sent by regular mail or delivered personally.

32-30     Sec. 22.  NRS 281.411 is hereby amended to read as follows:

32-31     281.411  NRS 281.411 to 281.581, inclusive, and sections 20

32-32  and 21 of this act may be cited as the Nevada Ethics in Government

32-33  Law.

32-34     Sec. 23. NRS 281.561 is hereby amended to read as follows:

32-35     281.561  1.  [Except as otherwise provided in subsection 2 or

32-36  3, if] If a candidate for public office or a public officer who was

32-37  elected to the office for which he is serving is entitled to receive

32-38  compensation for serving in [the office in question,] that office, he

32-39  shall file with the [Commission,] Secretary of State and with the

32-40  officer with whom declarations of candidacy for [the office in

32-41  question] the office are filed, a statement of financial disclosure, as

32-42  follows:

32-43     (a) A candidate for nomination, election or reelection to public

32-44  office shall file a statement of financial disclosure [no later than the

32-45  10th day after the last day to qualify as a candidate for the office.

33-1      (b) A public officer appointed to fill the unexpired term of an

33-2  elected public officer shall file a statement of financial disclosure

33-3  within 30 days after his appointment.

33-4      (c) Every public officer, whether appointed or elected,] with the

33-5  officer with whom he files a declaration of candidacy for the office

33-6  at the same time as he files the declaration of candidacy; and

33-7      (b) Each public officer shall file a statement of financial

33-8  disclosure on or before [March 31] January 15 of each year of the

33-9  term, including the year the term expires.

33-10     [(d) A public officer who leaves office on a date other than the

33-11  expiration of his term or anniversary of his appointment or election,

33-12  shall file a statement of financial disclosure within 60 days after

33-13  leaving office.

33-14     2.  A statement filed pursuant to one of the paragraphs of

33-15  subsection 1 may be used to satisfy the requirements of another

33-16  paragraph of subsection 1 if the initial statement was filed not more

33-17  than 3 months before the other statement is required to be filed.

33-18     3.  If a person is serving in a public office for which he is

33-19  required to file a statement pursuant to subsection 1, he may use the

33-20  statement he files for that initial office to satisfy the requirements of

33-21  subsection 1 for every other public office in which he is also

33-22  serving.

33-23     4.  A person may satisfy the requirements of subsection 1 by

33-24  filing with the Commission a copy of a statement of financial

33-25  disclosure that was filed pursuant to the requirements of a

33-26  specialized or local ethics committee if the form of the statement has

33-27  been approved by the Commission.

33-28     5.] 2. A candidate for judicial office or a judicial officer shall

33-29  file a statement of financial disclosure pursuant to the requirements

33-30  of Canon 4I of the Nevada Code of Judicial Conduct. Such a

33-31  statement of financial disclosure must include, without limitation,

33-32  all information required to be included in a statement of financial

33-33  disclosure pursuant to NRS 281.571.

33-34     3.  The Secretary of State shall reject any statement of

33-35  financial disclosure that is incomplete. If the Secretary of State

33-36  determines that a statement of financial disclosure is incomplete

33-37  he shall notify the public officer who filed the statement. For the

33-38  purposes of this section, a statement of financial disclosure must

33-39  not be considered to be filed with the Secretary of State if it is

33-40  incomplete.

33-41     4.  A statement of financial disclosure shall be deemed to be

33-42  filed with the Secretary of State:

33-43     (a) On the date that it was mailed if it was sent by certified

33-44  mail; or

34-1      (b) On the date that it was received by the Secretary of State if

34-2  the statement was sent by regular mail or delivered personally.

34-3      5.  The statement of financial disclosure filed pursuant to this

34-4  section may be filed with a report of campaign contributions and

34-5  expenses or expenditures required to be filed on a form designed

34-6  and provided by the Secretary of State pursuant to section 3 of this

34-7  act.

34-8      Sec. 24.  NRS 281.571 is hereby amended to read as follows:

34-9      281.571  1.  Statements of financial disclosure, as approved

34-10  pursuant to NRS 281.541 or in such form as the Commission

34-11  otherwise prescribes, must contain the following information

34-12  concerning the candidate for public office or public officer:

34-13     (a) His length of residence in the State of Nevada and the

34-14  [district] county in which he is registered to vote.

34-15     (b) Each source of his income, or that of any member of his

34-16  household who is 18 years of age or older. No listing of individual

34-17  clients, customers or patients is required, but if that is the case, a

34-18  general source such as “professional services” must be disclosed.

34-19     (c) A list of the specific location and particular use of real estate,

34-20  other than a personal residence:

34-21         (1) In which he or a member of his household has a legal or

34-22  beneficial interest;

34-23         (2) Whose fair market value is $2,500 or more; and

34-24         (3) That is located in this state or an adjacent state.

34-25     (d) The name of each creditor to whom he or a member of his

34-26  household owes $5,000 or more, except for:

34-27         (1) A debt secured by a mortgage or deed of trust of real

34-28  property which is not required to be listed pursuant to paragraph (c);

34-29  and

34-30         (2) A debt for which a security interest in a motor vehicle for

34-31  personal use was retained by the seller.

34-32     (e) If the candidate for public office or public officer has

34-33  received gifts in excess of an aggregate value of $200 from a donor

34-34  during the preceding taxable year, a list of all such gifts, including

34-35  the identity of the donor and value of each gift, except:

34-36         (1) A gift received from a person who is related to the

34-37  candidate for public office or public officer within the third degree

34-38  of consanguinity or affinity.

34-39         (2) Ceremonial gifts received for a birthday, wedding,

34-40  anniversary, holiday or other ceremonial occasion if the donor does

34-41  not have a substantial interest in the legislative, administrative or

34-42  political action of the candidate for public office or public officer.

34-43     (f) A list of each business entity with which he or a member of

34-44  his household is involved as a trustee, beneficiary of a trust,

34-45  director, officer, owner in whole or in part, limited or general

35-1  partner, or holder of a class of stock or security representing 1

35-2  percent or more of the total outstanding stock or securities issued by

35-3  the business entity.

35-4      (g) A list of all public offices presently held by him for which

35-5  this statement of financial disclosure is required.

35-6      2.  The Commission shall distribute or cause to be distributed

35-7  the forms required for such a statement to each candidate for public

35-8  office and public officer who is required to file one. The

35-9  Commission is not responsible for the costs of producing or

35-10  distributing a form for filing statements of financial disclosure

35-11  which is prescribed pursuant to subsection 1 of NRS 281.541.

35-12     3.  As used in this section:

35-13     (a) “Business entity” means an organization or enterprise

35-14  operated for economic gain, including a proprietorship, partnership,

35-15  firm, business, trust, joint venture, syndicate, corporation or

35-16  association.

35-17     (b) “Household” includes:

35-18         (1) The spouse of a candidate for public office or public

35-19  officer;

35-20         (2) A person who does not live in the same home or

35-21  dwelling, but who is dependent on and receiving substantial support

35-22  from the candidate for public office or public officer; and

35-23         (3) A person who lived in the home or dwelling of the

35-24  candidate for public office or public officer for 6 months or more in

35-25  the year immediately preceding the year in which the candidate for

35-26  public office or public officer files the statement of financial

35-27  disclosure.

35-28     Sec. 25.  NRS 281.581 is hereby amended to read as follows:

35-29     281.581  1.  A candidate for public office or public officer

35-30  who fails to file his statement of financial disclosure in a timely

35-31  manner pursuant to NRS 281.561 or section 21 of this act is subject

35-32  to a civil penalty and payment of court costs and attorney’s fees.

35-33  Except as otherwise provided in subsection 3, the amount of the

35-34  civil penalty is:

35-35     (a) If the statement is filed not more than 7 days late, $25 for

35-36  each day the statement is late.

35-37     (b) If the statement is filed more than 7 days late but not more

35-38  than 15 days late, $175 for the first 7 days, plus $50 for each

35-39  additional day the statement is late.

35-40     (c) If the statement is filed more than 15 days late, $575 for the

35-41  first 15 days, plus $100 for each additional day the statement is late.

35-42     2.  The [Commission] Secretary of State may, for good cause

35-43  shown, waive or reduce the civil penalty.

36-1      3.  The civil penalty imposed for a violation of this section must

36-2  not exceed the annual compensation for the office for which the

36-3  statement was filed.

36-4      4.  The civil penalty must be recovered in a civil action brought

36-5  in the name of the State of Nevada by the [Commission] Secretary

36-6  of State in a court of competent jurisdiction and deposited by the

36-7  [Commission] Secretary of State in the account for credit to the

36-8  State General Fund in the bank designated by the State Treasurer.

36-9      5.  If the [Commission] Secretary of State waives a civil

36-10  penalty pursuant to subsection 2, the [Commission] Secretary of

36-11  State shall:

36-12     (a) Create a record which sets forth that the civil penalty has

36-13  been waived and describes the circumstances that constitute the

36-14  good cause shown; and

36-15     (b) Ensure that the record created pursuant to paragraph (a) is

36-16  available for review by the general public.

36-17     Sec. 26.  NRS 294A.180 is hereby repealed.

36-18     Sec. 27.  The statement of financial disclosure required to be

36-19  filed on or before January 15, 2004, by a public officer with the

36-20  Secretary of State pursuant to the amendatory provisions of NRS

36-21  281.561 must cover the period from the last statement of financial

36-22  disclosure filed by the public officer through December 21, 2003.

36-23     Sec. 28.  This act becomes effective on January 1, 2004.

 

36-24  TEXT OF REPEALED SECTION

 

36-25     294A.180  Candidate or elected public officer to file report

36-26   relating to disposition of unspent contributions; procedure for

36-27   reporting.

36-28     1.  Each candidate for a state, district, county, city or township

36-29   office who is not elected to that office shall, not later than the 15th

36-30   day of the second month after his defeat, file a report with the

36-31   Secretary of State stating the amount of contributions which he

36-32   received for that campaign but did not spend and the disposition of

36-33   those unspent contributions.

36-34     2.  Each public officer who is elected to a state, district, county,

36-35   city or township office shall file a report:

36-36     (a) Not later than the 15th day of the second month after his

36-37   election, stating the amount of campaign contributions which he

36-38   received but did not spend and the amount, if any, of those unspent

36-39   contributions disposed of pursuant to subsections 2 and 6 of NRS

36-40   294A.160 as of the last day of the first month after his election;

37-1      (b) Not later than January 15th of each year of his term

37-2  beginning the year after he filed the report required by paragraph

37-3   (a), stating the amount, if any, of those unspent contributions

37-4   disposed of pursuant to NRS 294A.160 during the period from the

37-5   last date covered by his last report through December 31 of the

37-6   immediately preceding year and the manner in which they were

37-7   disposed of; and

37-8      (c) Not later than the 15th day of the second month after he no

37-9   longer holds that office, stating the amount and disposition of any

37-10   remaining unspent contributions.

37-11     3.  The reports required by subsections 1 and 2 must be

37-12   submitted on a form designed and provided by the Secretary of

37-13   State and signed by the candidate or public officer under penalty of

37-14   perjury.

37-15     4.  A public officer filing a report pursuant to subsection 2:

37-16     (a) Shall file the report with the officer with whom he filed his

37-17   declaration of candidacy or acceptance of candidacy.

37-18     (b) May file the report by certified mail. If certified mail is used,

37-19   the date of mailing shall be deemed the date of filing.

37-20     5.  A county clerk who receives from a legislative or judicial

37-21   officer, other than a justice of the peace or municipal judge, a report

37-22   pursuant to subsection 4 shall file a copy of the report with the

37-23   Secretary of State within 10 working days after he receives the

37-24   report.

 

37-25  H