Assembly Bill No. 529–Committee on Elections, Procedures, and Ethics
(On Behalf of the Secretary of State)
March 24, 2003
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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.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to elections; establishing the general form used for reporting campaign contributions and expenditures and certain statements of financial disclosure; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; 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. Each report of campaign contributions and
1-4 expenses or expenditures that is filed pursuant to NRS 294A.120,
1-5 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270,
2-1 294A.280, 294A.360 or 294A.362, and each statement of financial
2-2 disclosure filed pursuant to NRS 281.561 must be submitted on the
2-3 following form:
2-4 CAMPAIGN CONTRIBUTIONS AND EXPENSES State of Nevada
2-5 Name (print) Office (if applicable) District (if applicable)
2-6 Mailing Address (include city and zip code) Telephone No.
2-7 E-Mail Address
2-8 Select Appropriate Box(es) ccandidatecpaccbagcpolprtycindexpcamended
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2-11 1. Cash on Hand at Beginning of This Reporting Period |
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2-12 2. Cash on Hand at Beginning of This Reporting Year |
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2-13 CONTRIBUTIONS SUMMARY |
2-14 This Period |
2-15 This Period 2-16 Plus Previous 2-17 Periods This 2-18 Year |
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2-19 3. Total Monetary Contributions Received in Excess of $100 |
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2-20 4. Total Monetary Contributions Received of $100 or Less |
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2-21 This Period |
2-22 This Period Plus Previous 2-23 Periods This 2-24 Year |
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2-25 5. Actual Number of Monetary Contributions of $100 or 2-26 Less |
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2-27 6. Interest and Income Earned on Contributions |
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2-28 7. Total Amount of Monetary Contributions Received (Add Lines 3, 4 and 6) |
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2-29 8. Total Value of In Kind Contributions Received |
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2-31 9. Total Monetary Expenses Paid in Excess of $100 |
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2-32 10. Total Monetary Expenses Paid of $100 or Less |
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2-33 11. Expense for Filing Fee Paid (Do not Include in Line 9 or 10 Above) |
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2-34 12. Total Amount of All Monetary Expenses Paid (Add Lines 9, 10 and 11) |
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2-35 13. Total Value of In Kind Expenses |
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2-37 14. Cash on Hand at Close of This Reporting Period Based on Activity 2-38 During This Reporting Period (Add Lines 1 and 7 for This Period and Subtract 2-39 Line 11 for This Period) |
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2-40 15. Cash on Hand at Close of This Reporting Period Based on Activity 2-41 During This Reporting Year (Add Lines 2 and 7 for This Reporting Year and 2-42 Subtract Line 11 for This Reporting Year) |
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2-44 I Declare Under Penalty of Perjury That the Foregoing is True and Correct.
2-45 Signature Date
5-1 CAMPAIGN CONTRIBUTIONS Report Period
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5-2 #
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5-3 Name (print) Office (if applicable) District (if applicable)
5-4 Contributions in Excess of $100 or, When Added Together from One Contributor Exceeds $100
5-5 Transfer Total Amount of All Campaign Contributions to Line 3 of Contributions Summary
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5-6 Contributor’s Name And Address
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5-7 Date of Each 5-8 Contribution |
5-9 Amount of Each 5-10 Contribution |
5-11 Check Here 5-12 If Loan |
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5-13 Copy or Duplicate If You Need Additional Space
8-1 CAMPAIGN EXPENSES Report Period
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8-2 #
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8-3 Name (print) Office (if applicable) District (if applicable)
8-4 Expense Categories
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8-5 CATEGORIES
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8-6 CODE
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8-7 Office expenses
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8-8 A |
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8-9 Expenses related to volunteers
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8-10 B
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8-11 Expenses related to travel
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8-12 C
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8-13 Expenses related to advertising
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8-14 D
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8-15 Expenses related to paid staff
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8-16 E
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8-17 Expenses related to consultants
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8-18 F
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8-19 Expenses related to polling
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8-20 G
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8-21 Expenses related to special events
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8-22 H
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8-23 Goods and services provided in kind for which money would otherwise have 8-24 been paid
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8-25 I
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8-26 Other miscellaneous expenses
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8-27 J
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11-1 CAMPAIGN EXPENSES Report Period
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11-2 #
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11-3 Name (print) Office (if applicable) District (if applicable)
11-5 Transfer Total Amount of All Campaign Expenses to Line 9 of Expenses Summary
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11-6 NAME AND ADDRESS OF 11-7 PERSON, GROUP OR 11-8 ORGANIZATION WHO 11-9 RECEIVED THE PAYMENT 11-10 FOR THE EXPENSE(S)
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11-11 CATEGORY 11-12 (See Previous Page)
11-13 NRS 294A.365
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11-14 DATE OF EACH EXPENSE
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11-15 AMOUNT OF 11-16 EACH EXPENSE
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11-17 Copy or Duplicate If You Need Additional Space
14-1 IN KIND CAMPAIGN CONTRIBUTIONS Report Period
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14-2 #
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14-3 Name (print) Office (if applicable) District (if applicable)
14-4 IN KIND
14-5 Contributions in Excess of $100 or, When Added Together from
14-6 One Contributor Exceeds $100
14-7 Transfer Total Value of All In-Kind Campaign Contributions to Line 8 of Contributions Summary
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14-8 Contributor’s Name 14-9 and Address |
14-10 date of each 14-11 in kind 14-12 contribution |
14-13 description of 14-14 each 14-15 in kind 14-16 Contribution |
14-17 value or cost 14-18 of each 14-19 in kind 14-20 Contribution |
14-21 Check 14-22 Here 14-23 If 14-24 Loan |
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14-25 Copy or Duplicate If You Need Additional Space
17-1 IN KIND CAMPAIGN EXPENSES Report Period
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17-2 #
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17-3 Name (print) Office (if applicable) District (if applicable)
17-4 IN KIND
17-6 Transfer Total Value of All In-Kind Campaign Expenses to Line 13 of Expenses Summary
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17-7 NAME AND ADDRESS OF 17-8 PERSON, GROUP OR 17-9 ORGANIZATION WHO RECEIVED 17-10 THE IN KIND GOOD(S) OR 17-11 SERVICE(S) |
17-12 DESCRIPTION 17-13 OF EACH 17-14 IN KIND 17-15 EXPENSE |
17-16 DATE OF 17-17 EACH 17-18 IN KIND 17-19 EXPENSE |
17-20 VALUE OR COST 17-21 OF EACH 17-22 IN KIND 17-23 EXPENSE |
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17-24 Copy or Duplicate If You Need Additional Space
18-1 FINANCIAL DISCLOSURE STATEMENT
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18-2 Name |
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18-3 Telephone |
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18-4 Address |
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18-5 City, State, Zip |
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18-6 Length of Residence in Nevada |
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18-7 District where registered to vote |
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18-8 [NRS 281.571, Subsection 1(a)] |
18-9 List all public offices for which this financial disclosure statement is required [NRS 281.571, Subsection 1(g)]:
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18-10 Public Office |
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18-11 Annual Compensation |
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18-12 Term or Date Appointed |
18-13 Public Officer 18-14 (1/15) 18-15 NRS 18-16 281.561(1)(b) |
18-17 Candidate 18-18 NRS 18-19 281.561(1)(a) |
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18-20 ڤ |
18-21 ڤ |
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18-22 ڤ |
18-23 ڤ |
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18-24 Self |
18-25 Household Member |
18-26 List all general sources of income for you and members of your household over 18 [NRS 281.571, Subsection 1(b)]:
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18-27 ڤ |
18-28 ڤ |
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18-29 ڤ |
18-30 ڤ |
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18-31 ڤ |
18-32 ڤ |
18-33 List each creditor to whom you or a member of your household owes $5,000 or more [except (1) debt secured by mortgage or
18-34 deed of trust on real property which is not required to be listed below, and (2) debt for which a security interest in a motor
18-35 vehicle for personal use was retained by seller] [NRS 281.571, Subsection 1(d)]:
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18-36 ڤ |
18-37 ڤ |
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18-38 ڤ |
18-39 ڤ |
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18-40 ڤ |
18-41 ڤ |
18-42 List each business entity (i.e., organization or enterprise operated for economic gain, including a proprietorship, partnership,
18-43 firm, business, trust, joint venture, syndicate, corporation or association) with which you or a member of your household is
18-44 involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of
18-45 a class of stock or security representing 1% or more of the total outstanding stock or securities issued by the business entity
18-46 [NRS 281.571, Subsection 1(f)]:
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18-47 ڤ |
18-48 ڤ |
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18-49 ڤ |
18-50 ڤ |
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18-51 ڤ |
18-52 ڤ |
18-53 List specific location and particular use of all real estate (other than personal residence): (1) in which you have or a member
18-54 of your household has a legal or beneficial interest; (2) the fair market value of which is $2,500 or more; and (3) located in
18-55 this state or an adjacent state [NRS 281.571, Subsection 1(c)]:
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18-56 Specific Location |
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18-57 Particular Use |
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18-58 List the identify of donor and value of each gift of all gifts received in excess of an aggregate value of $200 from a donor
18-59 during the preceding taxable year [except (1) a gift received from a person who is related to you within the third degree of
18-60 consanguinity or affinity; and (2) ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial
18-61 occasion if the donor does not have a substantial interest in your legislative, administrative, judicial or political action] [NRS
18-62 281.571, Subsection 1(e)]:
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18-63 Donor |
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18-64 Value of Gift |
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18-65 AFFIRM THAT ALL INFORMATION HEREIN IS ACCURATE AND COMPLETE.
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18-66 Date: |
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18-67 Signature: |
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18-68 Copy or Duplicate If You Need Additional Space
19-1 2. A candidate, person, committee, political party or group
19-2 that requires additional space on a page of the form set forth in
19-3 subsection 1 may copy or duplicate the page. A candidate, person,
19-4 committee, political party or group shall number each page of the
19-5 form in the lower right hand corner of the page.
19-6 3. The filing officer:
19-7 (a) May not request information concerning campaign
19-8 contributions and expenses or expenditures from a candidate,
19-9 person, committee, political party or group that is required to file a
19-10 report pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200,
19-11 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 or 294A.362,
19-12 or a statement of financial disclosure pursuant to NRS 281.561,
19-13 other than:
19-14 (1) Information requested on the form set forth in
19-15 subsection 1; or
19-16 (2) Pursuant to any provision of law authorizing the filing
19-17 officer to request the information.
19-18 (b) May include acknowledgments and instructions to
19-19 accompany the form set forth pursuant to subsection 1.
19-20 Sec. 3. Upon request, the filing officer shall provide a copy
19-21 of the form set forth in section 2 of this act to each candidate,
19-22 person, committee, political party and group that is required to file
19-23 a report of its campaign contributions and expenses or
19-24 expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,
19-25 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 or
19-26 294A.362, or a financial disclosure statement pursuant to
19-27 NRS 281.561.
19-28 Sec. 3.5. NRS 294A.004 is hereby amended to read as
19-29 follows:
19-30 294A.004 “Campaign expenses” and “expenditures” mean:
19-31 1. Those expenditures [contracted for or] made for advertising
19-32 on television, radio, billboards, posters and in newspapers; and
19-33 2. All other expenditures [contracted for or] made,
19-34 toadvocate expressly the election or defeat of a clearly identified
19-35 candidate or group of candidates or the passage or defeat of a clearly
19-36 identified question or group of questions on the ballot, including any
19-37 payments made to a candidate or any person who is related to the
19-38 candidate within the second degree of consanguinity or affinity.
19-39 Sec. 4. NRS 294A.120 is hereby amended to read as follows:
19-40 294A.120 1. Every candidate for state, district, county or
19-41 township office at a primary or general election shall, not later than
19-42 January 15 of each year, for the period from January 1 of the
19-43 previous year through December 31 of the previous year, report
19-44 each campaign contribution in excess of $100 he received during
19-45 the period and contributions received during the period from a
20-1 contributor which cumulatively exceed $100. The provisions of
20-2 this subsection apply to the candidate beginning the year of the
20-3 general election for that office through the year immediately
20-4 preceding the next general election for that office.
20-5 2. Every candidate for state, district, county or township
20-6 office at a primary or general election shall, if the general election
20-7 for the office for which he is a candidate is held on or after
20-8 January 1 and before the July 1 immediately following that
20-9 January 1, not later than:
20-10 (a) Seven days before the primary election[,] for that office, for
20-11 the period from [30 days before the regular session of the
20-12 Legislature after the last election for that office up to] the January 1
20-13 immediately preceding the primary election through 12 days
20-14 before the primary election;
20-15 (b) Seven days before the general election[, whether or not the
20-16 candidate won the primary election,] for that office, for the period
20-17 from [12] 11 days before the primary election [up to] through 12
20-18 days before the general election; and
20-19 (c) [The 15th day of the second month after the general election,
20-20 for the remaining period up to 30 days before the next regular
20-21 session of the Legislature,
20-22 list each of the campaign contributions that] July 15 of the year of
20-23 the general election for that office, for the period from 11 days
20-24 before the general election through June 30 of that year,
20-25 report each campaign contribution in excess of $100 he receives
20-26 during the period and contributions received during the period
20-27 from a contributor which cumulatively exceed $100. The report
20-28 must be completed on [forms designed and] the form set forth in
20-29 section 2 of this act provided by the [Secretary of State pursuant to
20-30 this section and NRS 294A.362.] filing officer. Each form must be
20-31 signed by the candidate under penalty of perjury.
20-32 [2.] 3. Every candidate for state, district, county or township
20-33 office at a primary or general election shall, if the general election
20-34 for the office for which he is a candidate is held on or after July 1
20-35 and before the January 1 immediately following that July 1, not
20-36 later than:
20-37 (a) Seven days before the primary election for that office, for
20-38 the period from the January 1 immediately preceding the primary
20-39 election through 12 days before the primary election; and
20-40 (b) Seven days before the general election for that office, for
20-41 the period from 11 days before the primary election through 12
20-42 days before the general election,
20-43 report each campaign contribution in excess of $100 he received
20-44 during the period and contributions received during the period
20-45 from a contributor which cumulatively exceed $100. The report
21-1 must be completed on the form set forth in section 2 of this act
21-2 provided by the filing officer. Each form must be signed by the
21-3 candidate under penalty of perjury.
21-4 4. Except as otherwise provided in subsection [3,] 5, every
21-5 candidate for a district office at a special election shall, not later
21-6 than:
21-7 (a) Seven days before the special election, for the period from
21-8 his nomination [up to] through 12days before the special election;
21-9 and
21-10 (b) Thirty days after the special election, for the remaining
21-11 period [up to] through the special election,
21-12 [list each of the campaign contributions that he receives] report
21-13 each campaign contribution in excess of $100 he received during
21-14 the period and contributions received during the reporting period
21-15 from a contributor which cumulatively exceed $100. The report
21-16 must be completed on [forms designed and] the form set forth in
21-17 section 2 of this act provided by the [Secretary of State pursuant to
21-18 this section and NRS 294A.362.] filing officer. Each form must be
21-19 signed by the candidate under penalty of perjury.
21-20 [3.] 5. Every candidate for state, district, county, municipal or
21-21 township office at a special election to determine whether a public
21-22 officer will be recalled shall list each of the campaign contributions
21-23 that he receives on [forms designed and] the form set forth in
21-24 section 2 of this act provided by the [Secretary of State pursuant to
21-25 this section and NRS 294A.362,] filing officer, and signed by the
21-26 candidate under penalty of perjury, 30 days after:
21-27 (a) The special election, for the period from the filing of the
21-28 notice of intent to circulate the petition for recall [up to] through the
21-29 special election; or
21-30 (b) A district court determines that the petition for recall is
21-31 legally insufficient pursuant to subsection 5 of NRS 306.040, for the
21-32 period from the filing of the notice of intent to circulate the petition
21-33 for recall [up to] through the date of the district court’s decision.
21-34 [4.] 6. Reports of campaign contributions must be filed with
21-35 the [officer with whom the candidate filed the declaration of
21-36 candidacy or acceptance of candidacy.] appropriate filing officer
21-37 and, if the appropriate filing officer is not the Secretary of State,
21-38 with the appropriate filing officer and the Secretary of State. A
21-39 candidate may mail or transmit the report to [that] the filing officer
21-40 , and the Secretary of State if required, by regular mail, certified
21-41 mail [. If certified mail is used, the date of mailing] , facsimile
21-42 machine or electronic means. A report shall be deemed [the date of
21-43 filing.
21-44 5. Every county clerk who receives from candidates for
21-45 legislative or judicial office, except the office of justice of the peace
22-1 or municipal judge, reports of campaign contributions pursuant to
22-2 subsection 4 shall file a copy of each report with the Secretary of
22-3 State within 10 working days after he receives the report.
22-4 6.] to be filed with the filing officer or the Secretary of State:
22-5 (a) On the date that it was mailed if it was sent by certified
22-6 mail; or
22-7 (b) On the date that it was received by the filing officer or the
22-8 Secretary of State if the report was sent by regular mail,
22-9 transmitted by facsimile machine or electronic means, or delivered
22-10 personally.
22-11 7. A report that is mailed or transmitted pursuant to
22-12 subsection 6 in a timely manner to the wrong filing officer shall be
22-13 deemed to be timely filed.
22-14 8. The name and address of the contributor and the date on
22-15 which the contribution was received must be included on the [list]
22-16 report for each contribution in excess of $100 and contributions
22-17 which a contributor has made cumulatively in excess of that amount
22-18 since the beginning of the [first] current reporting period.
22-19 [7. The form designed and provided by the Secretary of State
22-20 for the reporting of contributions pursuant to this section must be
22-21 designed to be used by a candidate to record in the form of a list
22-22 each campaign contribution as he receives it.]
22-23 Sec. 5. NRS 294A.140 is hereby amended to read as follows:
22-24 294A.140 1. Every person who is not under the direction or
22-25 control of a candidate for office at a primary election, primary city
22-26 election, general election or general city election, of a group of
22-27 such candidates or of any person involved in the campaign of that
22-28 candidate or group who makes an expenditure on behalf of the
22-29 candidate or group which is not solicited or approved by
22-30 the candidate or group, and every committee for political action,
22-31 political party and committee sponsored by a political party which
22-32 makes an expenditure on behalf of such a candidate or group of
22-33 candidates shall, not later than January 15 of each year that the
22-34 provisions of this subsection apply to the person, committee or
22-35 political party, for the period from January 1 of the previous year
22-36 through December 31 of the previous year, report each campaign
22-37 contribution in excess of $100 he or it received during the period
22-38 and contributions received during the period from a contributor
22-39 which cumulatively exceed $100. The provisions of this subsection
22-40 apply to the person, committee or political party beginning the
22-41 year of the general election or general city election for that office
22-42 through the year immediately preceding the next general election
22-43 or general city election for that office.
22-44 2. Every person, committee or political party described in
22-45 subsection 1 which makes an expenditure on behalf of the
23-1 candidate for office at a primary election, primary city election,
23-2 general election or general city election or on behalf of a group of
23-3 such candidates shall, if the general election or general city
23-4 election for the office for which the candidate or a candidate in
23-5 the group of candidates seeks election is held on or after
23-6 January 1 and before the July 1 immediately following that
23-7 January 1, not later than:
23-8 (a) Seven days before [a] the primary election or primary city
23-9 election[,] for that office, for the period from [30 days after the last
23-10 election for that office to] the January 1 immediately preceding the
23-11 primary election or primary city election through 12 days before
23-12 the primary election or primary city election;
23-13 (b) Seven days before [a] the general election or general city
23-14 election[, whether or not the candidate won the primary election or
23-15 primary city election,] for that office, for the period from [12] 11
23-16 days before the primary election or primary city election [to]
23-17 through 12days before the general election or general city election;
23-18 and
23-19 (c) [The 15th day of the second month after the general election
23-20 or general city election, for the remaining period up to 30 days after
23-21 the general election or general city election,
23-22 list each of the contributions] July 15 of the year of the general
23-23 election or general city election for that office, for the period from
23-24 11 days before the general election or general city election
23-25 through June 30 of that year,
23-26 report each campaign contribution in excess of $100 received
23-27 during the period and contributions received during the period
23-28 from a contributor which cumulatively exceed $100. The report
23-29 must be completed on the form [designed and] set forth in section 2
23-30 of this act provided by the [Secretary of State and shall sign the
23-31 report] filing officer. The form must be signed by the person or a
23-32 representative of the committee or political party under penalty of
23-33 perjury.
23-34 [2.] 3. The name and address of the contributor and the date on
23-35 which the contribution was received must be included on the [list]
23-36 report for each contribution in excess of $100 and contributions
23-37 which a contributor has made cumulatively in excess of $100 since
23-38 the beginning of the [first] current reporting period. [The form
23-39 designed and provided by the Secretary of State for the reporting of
23-40 contributions pursuant to this section must be designed to be used
23-41 by the person, committee for political action, political party or
23-42 committee sponsored by a political party to record in the form of a
23-43 list each contribution as it is received.
23-44 3. If the candidate is elected from one county, the reports must
23-45 be filed with the county clerk of that county. If the candidate is
24-1 elected from one city, the reports must be filed with the city clerk of
24-2 that city. For all other candidates, the]
24-3 4. Every person, committee or political party described in
24-4 subsection 1 which makes an expenditure on behalf of a candidate
24-5 for office at a primary election, primary city election, general
24-6 election or general city election or on behalf of a group of such
24-7 candidates shall, if the general election or general city election for
24-8 the office for which the candidate or a candidate in the group of
24-9 candidates seeks election is held on or after July 1 and before the
24-10 January 1 immediately following that July 1, not later than:
24-11 (a) Seven days before the primary election or primary city
24-12 election for that office, for the period from the January 1
24-13 immediately preceding the primary election or primary city
24-14 election through 12 days before the primary election or primary
24-15 city election; and
24-16 (b) Seven days before the general election or general city
24-17 election for that office, for the period from 11 days before the
24-18 primary election or primary city election through 12 days before
24-19 the general election or general city election,
24-20 report each campaign contribution in excess of $100 received
24-21 during the period and contributions received during the period
24-22 from a contributor which cumulatively exceed $100. The report
24-23 must be completed on the form set forth in section 2 of this act
24-24 provided by the filing officer. The form must be signed by the
24-25 person or a representative of the committee or political party
24-26 under penalty of perjury.
24-27 5. Except as otherwise provided in subsection 6, every person,
24-28 committee or political party described in subsection 1 which makes
24-29 an expenditure on behalf of a candidate for office at a special
24-30 election or on behalf of a group of such candidates shall, not later
24-31 than:
24-32 (a) Seven days before the special election for the office for
24-33 which the candidate or a candidate in the group of candidates
24-34 seeks election, for the period from the nomination of the candidate
24-35 through 12 days before the special election; and
24-36 (b) Thirty days after the special election, for the remaining
24-37 period through the special election,
24-38 report each campaign contribution in excess of $100 received
24-39 during the period and contributions received during the period
24-40 from a contributor which cumulatively exceed $100. The report
24-41 must be completed on the form set forth in section 2 of this act
24-42 provided by the filing officer. The form must be signed by the
24-43 person or a representative of the committee or political party
24-44 under penalty of perjury.
25-1 6. Every person, committee or political party described in
25-2 subsection 1 which makes an expenditure on behalf of a candidate
25-3 for office at a special election to determine whether a public
25-4 officer will be recalled or on behalf of a group of candidates for
25-5 offices at such special elections shall report each contribution in
25-6 excess of $100 received during the period and contributions
25-7 received during the period from a contributor which cumulatively
25-8 exceed $100. The report must be completed on the form set forth
25-9 in section 2 of this act provided by the filing officer and signed by
25-10 the person or a representative of the committee or political party
25-11 under penalty of perjury, 30 days after:
25-12 (a) The special election, for the period from the filing of the
25-13 notice of intent to circulate the petition for recall through the
25-14 special election; or
25-15 (b) If the special election is not held because a district court
25-16 determines that the petition for recall is legally insufficient
25-17 pursuant to subsection 5 of NRS 306.040, for the period from the
25-18 filing of the notice of intent to circulate the petition for recall
25-19 through the date of the district court’s decision.
25-20 7. The reports of contributions required pursuant to this
25-21 section must be filed with:
25-22 (a) If the candidate is elected from one county, the county
25-23 clerk of that county and the Secretary of State;
25-24 (b) If the candidate is elected from one city, the city clerk of
25-25 that city and the Secretary of State; or
25-26 (c) If the candidate is elected from more than one county or
25-27 city, the Secretary of State.
25-28 8. A person or entity may file the report with the appropriate
25-29 filing officer , and the Secretary of State if required, by regular
25-30 mail, certified mail [. If certified mail is used, the date of mailing] ,
25-31 facsimile machine or electronic means. A report shall be deemed
25-32 [the date of filing.
25-33 4. Each county clerk or city clerk who receives a report
25-34 pursuant to subsection 3 shall file a copy of the report with the
25-35 Secretary of State within 10 working days after he receives the
25-36 report.] to be filed with the filing officer or the Secretary of State:
25-37 (a) On the date that it was mailed if it was sent by certified
25-38 mail; or
25-39 (b) On the date that it was received by the filing officer or the
25-40 Secretary of State if the report was sent by regular mail,
25-41 transmitted by facsimile machine or electronic means, or delivered
25-42 personally.
25-43 9. A report that is mailed or transmitted pursuant to
25-44 subsection 7 in a timely manner to the wrong filing officer shall be
25-45 deemed to be timely filed.
26-1 10. Every person, committee or political party described in
26-2 subsection 1 shall file a report required by this section even if he
26-3 or it receives no contributions.
26-4 Sec. 6. NRS 294A.150 is hereby amended to read as follows:
26-5 294A.150 1. Every person or group of persons organized
26-6 formally or informally who advocates the passage or defeat of a
26-7 question or group of questions on the ballot at [any election
26-8 including any recall or special] a primary election , primary city
26-9 election, general election or general city election, shall, not later
26-10 than January 15 of each year that the provisions of this subsection
26-11 apply to the person or group of persons, for the period from
26-12 January 1 of the previous year through December 31 of the
26-13 previous year, report each campaign contribution in excess of
26-14 $100 received during that period and contributions received
26-15 during the period from a contributor which cumulatively exceed
26-16 $100. The report must be completed on the form set forth in
26-17 section 2 of this act provided by the filing officer. The form must
26-18 be signed by the person or a representative of the group under
26-19 penalty of perjury. The provisions of this subsection apply to the
26-20 person or group of persons:
26-21 (a) Each year in which an election or city election is held for
26-22 each question for which the person or group advocates passage or
26-23 defeat; and
26-24 (b) The year after each year described in paragraph (a).
26-25 2. If a question is on the ballot at a primary election or
26-26 primary city election and the general election or general city
26-27 election immediately following that primary election or primary
26-28 city election is held on or after January 1 and before the July 1
26-29 immediately following that January 1, every person or group of
26-30 persons organized formally or informally who advocates the
26-31 passage or defeat of the question or a group of questions that
26-32 includes the question shall comply with the requirements of this
26-33 subsection. If a question is on the ballot at a general election or
26-34 general city election held on or after January 1 and before the
26-35 July 1 immediately following that January 1, every person or
26-36 group of persons organized formally or informally who advocates
26-37 the passage or defeat of the question or a group of questions that
26-38 includes the question shall comply with the requirements of this
26-39 subsection. A person or group of persons described in this
26-40 subsection shall, not later than:
26-41 (a) Seven days before [a] the primary election or primary city
26-42 election, for the period from [30 days after the last general election
26-43 to] the January 1 immediately preceding the primary election or
26-44 primary city election through 12 days before the primary election
26-45 or primary city election;
27-1 (b) Sevendays before [a] the general election or general city
27-2 election, for the period from [12] 11 days before the primary
27-3 election or primary city election [to] through 12 days before the
27-4 general election or general city election; and
27-5 (c) [The 15th day of the second month after the general election
27-6 or general city election, for the remaining period up to 30 days after
27-7 the general election or general city election,
27-8 list each of the contributions] July 15 of the year of the general
27-9 election or general city election, for the period from 11 days before
27-10 the general election or general city election through June 30 of
27-11 that year,
27-12 report each campaign contribution in excess of $100 received
27-13 during the period and contributions received during the period
27-14 from a contributor which cumulatively exceed $100. The report
27-15 must be completed on the form [designed and] set forth in section 2
27-16 of this act provided by the [Secretary of State] filing officer and
27-17 signed by the person or a representative of the group under penalty
27-18 of perjury.
27-19 [2.] 3. The name and address of the [contribution] contributor
27-20 and the date on which the contribution was received must be
27-21 included on the [list] report for each contribution in excess of $100
27-22 and contributions which a contributor has made cumulatively in
27-23 excess of that amount since the beginning of the [first reporting. The
27-24 form designed and provided by the Secretary of State for the
27-25 reporting of contributions pursuant to this section must be designed
27-26 to be used to record in the form of a list each contribution as it is
27-27 received.
27-28 3. If the question is submitted to the voters of only one county,
27-29 the reports must be filed with the county clerk of that county. If the
27-30 question is submitted to the voters of only one city, the reports must
27-31 be filed with the city clerk of that city. Otherwise, the] current
27-32 reporting period.
27-33 4. If a question is on the ballot at a primary election or
27-34 primary city election and the general election or general city
27-35 election immediately following that primary election or primary
27-36 city election is held on or after July 1 and before the January 1
27-37 immediately following that July 1, every person or group of
27-38 persons organized formally or informally who advocates the
27-39 passage or defeat of the question or a group of questions that
27-40 includes the question shall comply with the requirements of this
27-41 subsection. If a question is on the ballot at a general election or
27-42 general city election held on or after July 1 and before the
27-43 January 1 immediately following that July 1, every person or
27-44 group of persons organized formally or informally who advocates
27-45 the passage or defeat of the question or a group of questions that
28-1 includes the question shall comply with the requirements of this
28-2 subsection. A person or group of persons described in this
28-3 subsection shall, not later than:
28-4 (a) Seven days before the primary election or primary city
28-5 election, for the period from the January 1 immediately preceding
28-6 the primary election or primary city election through 12 days
28-7 before the primary election or primary city election; and
28-8 (b) Seven days before the general election or general city
28-9 election, for the period from 11 days before the primary election or
28-10 primary city election through 12 days before the general election
28-11 or general city election,
28-12 report each campaign contribution in excess of $100 received
28-13 during the period and contributions received during the period
28-14 from a contributor which cumulatively exceed $100. The report
28-15 must be completed on the form set forth in section 2 of this act
28-16 provided by the filing officer. The form must be signed by the
28-17 person or a representative of the group under penalty of perjury.
28-18 5. Except as otherwise provided in subsection 6, every person
28-19 or group of persons organized formally or informally who
28-20 advocates the passage or defeat of a question or group of
28-21 questions on the ballot at a special election shall, not later than:
28-22 (a) Seven days before the special election, for the period from
28-23 the date that the question qualified for the ballot through 12 days
28-24 before the special election; and
28-25 (b) Thirty days after the special election, for the remaining
28-26 period through the special election,
28-27 report each campaign contribution in excess of $100 received
28-28 during the period and contributions received during the period
28-29 from a contributor which cumulatively exceed $100. The report
28-30 must be completed on the form set forth in section 2 of this act
28-31 provided by the filing officer. The form must be signed by the
28-32 person or a representative of the group under penalty of perjury.
28-33 6. Every person or group of persons organized formally or
28-34 informally who advocates the passage or defeat of a question or
28-35 group of questions on the ballot at a special election to determine
28-36 whether a public officer will be recalled shall report each of the
28-37 contributions received on the form set forth in section 2 of this act
28-38 provided by the filing officer and signed by the person or a
28-39 representative of the group under penalty of perjury, 30 days after:
28-40 (a) The special election, for the period from the filing of the
28-41 notice of intent to circulate the petition for recall through the
28-42 special election; or
28-43 (b) If the special election is not held because a district court
28-44 determines that the petition for recall is legally insufficient
28-45 pursuant to subsection 5 of NRS 306.040, for the period from the
29-1 filing of the notice of intent to circulate the petition for recall
29-2 through the date of the district court’s decision.
29-3 7. The reports required pursuant to this section must be filed
29-4 with :
29-5 (a) If the question is submitted to the voters of one county, the
29-6 county clerk of that county and the Secretary of State;
29-7 (b) If the question is submitted to the voters of one city, the city
29-8 clerk of that city and the Secretary of State; or
29-9 (c) If the question is submitted to the voters of more than one
29-10 county or city, the Secretary of State.
29-11 8. If the person or group of persons is advocating passage or
29-12 defeat of a group of questions, the reports [must be made to the
29-13 officer appropriate for each question and] must be itemized by
29-14 question.
29-15 [4. Each county clerk or city clerk who receives a report
29-16 pursuant to subsection 3 shall file a copy of the report with the
29-17 Secretary of State within 10 working days after he receives
29-18 the report.] A person may mail or transmit his report to the
29-19 appropriate filing officer, and the Secretary of State if required, by
29-20 regular mail, certified mail, facsimile machine or electronic
29-21 means. A report shall be deemed to be filed with the filing officer
29-22 or the Secretary of State:
29-23 (a) On the date that it was mailed if it was sent by certified
29-24 mail; or
29-25 (b) On the date that it was received by the filing officer or the
29-26 Secretary of State if the report was sent by regular mail,
29-27 transmitted by facsimile machine or electronic means, or delivered
29-28 personally.
29-29 Sec. 7. NRS 294A.160 is hereby amended to read as follows:
29-30 294A.160 1. It is unlawful for a candidate to spend money
29-31 received as a campaign contribution for his personal use.
29-32 2. Every candidate for a state, district, county, city or township
29-33 office at a primary, general, primary city, general city or special
29-34 election who is elected to that office and received contributions that
29-35 were not spent or committed for expenditure before the primary,
29-36 general, primary city, general city or special election shall:
29-37 (a) Return the unspent money to contributors;
29-38 (b) Use the money in his next election or for the payment of
29-39 other expenses related to public office or his campaign [;] ,
29-40 regardless of whether he is a candidate for a different office in his
29-41 next election;
29-42 (c) Contribute the money to:
29-43 (1) The campaigns of other candidates for public office or for
29-44 the payment of debts related to their campaigns;
29-45 (2) A political party;
30-1 (3) A person or group of persons advocating the passage or
30-2 defeat of a question or group of questions on the ballot; or
30-3 (4) Any combination of persons or groups set forth in
30-4 subparagraphs (1), (2) and (3);
30-5 (d) Donate the money to any tax-exempt nonprofit entity; or
30-6 (e) Dispose of the money in any combination of the methods
30-7 provided in paragraphs (a) to (d), inclusive.
30-8 3. Every candidate for a state, district, county, city or township
30-9 office at a primary, general, primary city, general city or special
30-10 election who is not elected to that office and received contributions
30-11 that were not spent or committed for expenditure before the primary,
30-12 general, primary city, general city or special election shall, not later
30-13 than the 15th day of the second month after his defeat:
30-14 (a) Return the unspent money to contributors;
30-15 (b) Contribute the money to:
30-16 (1) The campaigns of other candidates for public office or for
30-17 the payment of debts related to their campaigns;
30-18 (2) A political party;
30-19 (3) A person or group of persons advocating the passage or
30-20 defeat of a question or group of questions on the ballot; or
30-21 (4) Any combination of persons or groups set forth in
30-22 subparagraphs (1), (2) and (3);
30-23 (c) Donate the money to any tax-exempt nonprofit entity; or
30-24 (d) Dispose of the money in any combination of the methods
30-25 provided in paragraphs (a), (b) and (c).
30-26 4. Every candidate for a state, district, county, city or township
30-27 office who is defeated at a primary or primary city election and
30-28 received a contribution from a person in excess of $5,000 shall, not
30-29 later than the 15th day of the second month after his defeat, return
30-30 any money in excess of $5,000 to the contributor.
30-31 5. Every public officer who:
30-32 (a) Holds a state, district, county, city or township office;
30-33 (b) Does not run for reelection and is not a candidate for any
30-34 other office; and
30-35 (c) Has contributions that are not spent or committed for
30-36 expenditure remaining from a previous election,
30-37 shall, not later than the 15th day of the second month after the
30-38 expiration of his term of office, dispose of those contributions in the
30-39 manner provided in subsection 3.
30-40 6. In addition to the methods for disposing the unspent money
30-41 set forth in subsections 2, 3 and 4, a Legislator may donate not more
30-42 than $500 of that money to the Nevada Silver Haired Legislative
30-43 Forum created pursuant to NRS 427A.320.
30-44 7. Any contributions received before a candidate for a state,
30-45 district, county, city or township office at a primary, general,
31-1 primary city, general city or special election dies that were not
31-2 spent or committed for expenditure before the death of the
31-3 candidate must be disposed of in the manner provided in
31-4 subsection 3.
31-5 8. The court shall, in addition to any penalty which may be
31-6 imposed pursuant to NRS 294A.420, order the candidate or public
31-7 officer to dispose of any remaining contributions in the manner
31-8 provided in this section.
31-9 [8.] 9. As used in this section, “contributions” include any
31-10 interest and other income earned thereon.
31-11 Sec. 8. NRS 294A.200 is hereby amended to read as follows:
31-12 294A.200 1. Every candidate for state, district, county or
31-13 township office at a primary or general election shall, not later than
31-14 January 15 of each year, for the period from January 1 of the
31-15 previous year through December 31 of the previous year, report
31-16 each of the campaign expenses in excess of $100 that he incurs
31-17 and each amount in excess of $100 that he disposes of pursuant to
31-18 NRS 294A.160 during the period on the form set forth in section 2
31-19 of this act provided by the filing officer. The form must be signed
31-20 by the candidate under penalty of perjury. The provisions of this
31-21 subsection apply to the candidate:
31-22 (a) Beginning the year of the general election for that office
31-23 through the year immediately preceding the next general election
31-24 for that office; and
31-25 (b) Each year immediately succeeding a calendar year during
31-26 which the candidate disposes of contributions pursuant to
31-27 NRS 294A.160.
31-28 2. Every candidate for state, district, county or township
31-29 office at a primary or general election shall, if the general election
31-30 for the office for which he is a candidate is held on or after
31-31 January 1 and before the July 1 immediately following that
31-32 January 1, not later than:
31-33 (a) Seven days before the primary election[,] for that office, for
31-34 the period from [30 days before the regular session of the
31-35 Legislature after the last election for that office up to] the January 1
31-36 immediately preceding the primary election through 12 days
31-37 before the primary election;
31-38 (b) Seven days before the general election[, whether or not the
31-39 candidate won the primary election,] for that office, for the period
31-40 from [12] 11 days before the primary election [up to] through 12
31-41 days before the general election; and
31-42 (c) [The 15th day of the second month after the general election,
31-43 for the remaining period up to 30 days before the next regular
31-44 session of the Legislature,
32-1 list] July 15 of the year of the general election for that office, for
32-2 the period from 11 days before the general election through
32-3 June 30 of that year,
32-4 report each of the campaign expenses in excess of $100 that he
32-5 incurs during the period on [forms designed and] the form set forth
32-6 in section 2 of this act provided by the [Secretary of State pursuant
32-7 to this section and NRS 294A.362.] filing officer. Each form must
32-8 be signed by the candidate under penalty of perjury.
32-9 [2.] 3. Every candidate for state, district, county or township
32-10 office at a primary or general election shall, if the general election
32-11 for the office for which he is a candidate is held on or after July 1
32-12 and before the January 1 immediately following that July 1, not
32-13 later than:
32-14 (a) Seven days before the primary election for that office, for
32-15 the period from the January 1 immediately preceding the primary
32-16 election through 12 days before the primary election; and
32-17 (b) Seven days before the general election for that office, for
32-18 the period from 11 days before the primary election through 12
32-19 days before the general election,
32-20 report each of the campaign expenses in excess of $100 that he
32-21 incurs during the period on the form set forth in section 2 of this
32-22 act provided by the filing officer. The form must be signed by the
32-23 candidate under penalty of perjury.
32-24 4. Except as otherwise provided in subsection [3,] 5, every
32-25 candidate for a district office at a special election shall, not later
32-26 than:
32-27 (a) Seven days before the special election, for the period from
32-28 his nomination [up to] through 12 days before the special election;
32-29 and
32-30 (b) [Sixty] Thirty days after the special election, for the
32-31 remaining period [up to 30 days after] through the special
32-32 election,
32-33 [list] report each of the campaign expenses in excess of $100 that he
32-34 incurs during the period on [forms designed and] the form set forth
32-35 in section 2 of this act provided by the [Secretary of State pursuant
32-36 to this section and NRS 294A.362.] filing officer. Each form must
32-37 be signed by the candidate under penalty of perjury.
32-38 [3.] 5. Every candidate for state, district, county, municipal or
32-39 township office at a special election to determine whether a public
32-40 officer will be recalled shall [list] report each of the campaign
32-41 expenses in excess of $100 that he incurs on [forms designed and]
32-42 the form set forth in section 2 of this act provided by the [Secretary
32-43 of State pursuant to this section and NRS 294A.362] filing officer
32-44 and signed by the candidate under penalty of perjury, [60] 30 days
32-45 after:
33-1 (a) The special election, for the period from the filing of the
33-2 notice of intent to circulate the petition for recall [up to 30 days
33-3 after] through the special election; or
33-4 (b) [A] If the special election is not held because a district
33-5 court determines that the petition for recall is legally insufficient
33-6 pursuant to subsection 5 of NRS 306.040, for the period from the
33-7 filing of the notice of intent to circulate the petition for recall [up to]
33-8 through the date of the district court’s decision.
33-9 [4.] 6. Reports of campaign expenses must be filed with the
33-10 [officer with whom the candidate filed the declaration of candidacy
33-11 or acceptance of candidacy.] appropriate filing officer and, if the
33-12 appropriate filing officer is not the Secretary of State, with the
33-13 appropriate filing officer and the Secretary of State. A candidate
33-14 may mail or transmit the report to [that] the filing officer , and the
33-15 Secretary of State if required, by regular mail, certified mail [. If
33-16 certified mail is used, the date of mailing] , facsimile machine or
33-17 electronic means. A report shall be deemed [the date of filing.
33-18 5. County clerks who receive from candidates for legislative or
33-19 judicial office, except the office of justice of the peace or municipal
33-20 judge, reports of campaign expenses pursuant to subsection 4 shall
33-21 file a copy of each report with the Secretary of State within 10
33-22 working days after he receives the report.
33-23 6. The forms designed and provided by the Secretary of State
33-24 for the reporting of campaign expenses pursuant to this section must
33-25 be designed to be used by a candidate to record in the form of a list
33-26 each campaign expense as he incurs it.] to be filed with the filing
33-27 officer or the Secretary of State:
33-28 (a) On the date that it was mailed if it was sent by certified
33-29 mail; or
33-30 (b) On the date that it was received by the filing officer or the
33-31 Secretary of State if the report was sent by regular mail,
33-32 transmitted by facsimile machine or electronic means, or delivered
33-33 personally.
33-34 7. A report that is mailed or transmitted pursuant to
33-35 subsection 6 in a timely manner to the wrong filing officer shall be
33-36 deemed to be timely filed.
33-37 Sec. 9. NRS 294A.210 is hereby amended to read as follows:
33-38 294A.210 1. Every person who is not under the direction or
33-39 control of a candidate for an office at a primary election, primary
33-40 city election, general election or general city election, of a group of
33-41 such candidates or of any person involved in the campaign of that
33-42 candidate or group who makes an expenditure on behalf of the
33-43 candidate or group which is not solicited or approved by
33-44 the candidate or group, and every committee for political action,
33-45 political party or committee sponsored by a political party which
34-1 makes an expenditure on behalf of such a candidate or group of
34-2 candidates shall, not later than January 15 of each year that the
34-3 provisions of this subsection apply to the person, committee or
34-4 political party, for the period from January 1 of the previous year
34-5 through December 31 of the previous year, report each
34-6 expenditure made during the period on behalf of the candidate,
34-7 the group of candidates or a candidate in the group of candidates
34-8 in excess of $100 on the form set forth in section 2 of this act
34-9 provided by the filing officer. The form must be signed by the
34-10 person or a representative of the committee or political party
34-11 under penalty of perjury. The provisions of this subsection apply
34-12 to the person, committee or political party beginning the year of
34-13 the general election or general city election for that office through
34-14 the year immediately preceding the next general election or
34-15 general city election for that office.
34-16 2. Every person, committee or political party described in
34-17 subsection 1 which makes an expenditure on behalf of a candidate
34-18 for office at a primary election, primary city election, general
34-19 election or general city election or a group of such candidates
34-20 shall, if the general election or general city election for the office
34-21 for which the candidate or a candidate in the group of candidates
34-22 seeks election is held on or after January 1 and before the July 1
34-23 immediately following that January 1, not later than:
34-24 (a) Sevendays before [a] the primary election or primary city
34-25 election[,] for that office, for the period from [30 days after the last
34-26 election for that office to] the January 1 immediately preceding the
34-27 primary election or primary city election through 12 days before
34-28 the primary election or primary city election;
34-29 (b) Seven days before [a] the general election or general city
34-30 election[, whether or not the candidate won the primary election or
34-31 primary city election,] for that office, for the period from [12] 11
34-32 days before the primary election or primary city election [to]
34-33 through 12 days before the general election or general city election;
34-34 and
34-35 (c) [The 15th day of the second month after a general election or
34-36 general city election, for the remaining period up to 30 days after the
34-37 general election or general city election,
34-38 list] July 15 of the year of the general election or general city
34-39 election for that office, for the period from 11 days before the
34-40 general election or general city election through the June 30 of
34-41 that year,
34-42 report each expenditure made during the period on behalf of [a
34-43 candidate or] the candidate, the group of candidates or a candidate
34-44 in the group of candidates in excess of $100 on [forms designed
34-45 and] the form set forth in section 2 of this act provided by the
35-1 [Secretary of State and] filing officer. The form must be signed by
35-2 the person or a representative of the [group] committee or political
35-3 party under penalty of perjury. [The report must also include
35-4 identification of expenditures which the person or group made
35-5 cumulatively in excess of $100 since the beginning of the first
35-6 reporting period.
35-7 2.] 3. Every person, committee or political party described in
35-8 subsection 1 which makes an expenditure on behalf of a candidate
35-9 for office at a primary election, primary city election, general
35-10 election or general city election or on behalf of a group of such
35-11 candidates shall, if the general election or general city election for
35-12 the office for which the candidate or a candidate in the group of
35-13 candidates seeks election is held on or after July 1 and before the
35-14 January 1 immediately following that July 1, not later than:
35-15 (a) Seven days before the primary election or primary city
35-16 election for that office, for the period from the January 1
35-17 immediately preceding the primary election or primary city
35-18 election through 12 days before the primary election or primary
35-19 city election; and
35-20 (b) Seven days before the general election or general city
35-21 election for that office, for the period from 11 days before the
35-22 primary election or primary city election through 12 days before
35-23 the general election or general city election,
35-24 report each expenditure made during the period on behalf of the
35-25 candidate, the group of candidates or a candidate in the group of
35-26 candidates in excess of $100 on the form set forth in section 2 of
35-27 this act provided by the filing officer. The form must be signed by
35-28 the person or a representative of the committee or political party
35-29 under penalty of perjury.
35-30 4. Except as otherwise provided in subsection 5, every person,
35-31 committee or political party described in subsection 1 which makes
35-32 an expenditure on behalf of a candidate for office at a special
35-33 election or on behalf of a group of such candidates shall, not later
35-34 than:
35-35 (a) Seven days before the special election for the office for
35-36 which the candidate or a candidate in the group of candidates
35-37 seeks election, for the period from the nomination of the candidate
35-38 through 12 days before the special election; and
35-39 (b) Thirty days after the special election, for the remaining
35-40 period through the special election,
35-41 report each expenditure made during the period on behalf of the
35-42 candidate, the group of candidates or a candidate in the group of
35-43 candidates in excess of $100 on the form set forth in section 2 of
35-44 this act provided by the filing officer. The form must be signed by
36-1 the person or a representative of the committee or political party
36-2 under penalty of perjury.
36-3 5. Every person, committee or political party described in
36-4 subsection 1 which makes an expenditure on behalf of a candidate
36-5 for office at a special election to determine whether a public
36-6 officer will be recalled or on behalf of a group of such candidates
36-7 shall list each expenditure made on behalf of the candidate, the
36-8 group of candidates or a candidate in the group of candidates in
36-9 excess of $100 on the form set forth in section 2 of this act
36-10 provided by the filing officer and signed by the person or a
36-11 representative of the committee or political party under penalty of
36-12 perjury, 30 days after:
36-13 (a) The special election, for the period from the filing of the
36-14 notice of intent to circulate the petition for recall through the
36-15 special election; or
36-16 (b) If the special election is not held because a district court
36-17 determines that the petition for recall is legally insufficient
36-18 pursuant to subsection 5 of NRS 306.040, for the period from the
36-19 filing of the notice of intent to circulate the petition for recall
36-20 through the date of the district court’s decision.
36-21 6. Expenditures made within the State or made elsewhere but
36-22 for use within the State, including expenditures made outside the
36-23 State for printing, television and radio broadcasting or other
36-24 production of the media, must be included in the report.
36-25 [3. If the candidate is elected from one county, the reports must
36-26 be filed with the county clerk of that county. If the candidate is
36-27 elected from one city, the reports must be filed with the city clerk of
36-28 that city. Otherwise, the]
36-29 7. The reports must be filed with :
36-30 (a) If the candidate is elected from one county, the county
36-31 clerk of that county and the Secretary of State;
36-32 (b) If the candidate is elected from one city, the city clerk of
36-33 that city and the Secretary of State; or
36-34 (c) If the candidate is elected from more than one county or
36-35 city, the Secretary of State.
36-36 8. If an expenditure is made on behalf of a group of candidates,
36-37 the reports must be [made to the officer appropriate for each
36-38 candidate and] itemized by the candidate. A person may [make]
36-39 mail or transmit his report to the appropriate filing officer , and the
36-40 Secretary of State if required, by regular mail, certified mail [. If
36-41 certified mail is used, the date of mailing] , facsimile machine or
36-42 electronic means. A report shall be deemed [the date of filing.
36-43 4. Each county clerk or city clerk who receives a report
36-44 pursuant to subsection 3 shall file a copy of the report with the
37-1 Secretary of State within 10 working days after he receives the
37-2 report.
37-3 5. The forms designed and provided by the Secretary of State
37-4 for the reporting of expenditures pursuant to this section must be
37-5 designed to be used by the person or representative of the group to
37-6 record in the form of a list each expenditure as it is made.] to be
37-7 filed with the filing officer or the Secretary of State:
37-8 (a) On the date that it was mailed if it was sent by certified
37-9 mail; or
37-10 (b) On the date that it was received by the filing officer or the
37-11 Secretary of State if the report was sent by regular mail,
37-12 transmitted by facsimile machine or electronic means, or delivered
37-13 personally.
37-14 9. A report that is mailed or transmitted pursuant to
37-15 subsection 7 in a timely manner to the wrong filing officer shall be
37-16 deemed to be timely filed.
37-17 10. Every person, committee or political party described in
37-18 subsection 1 shall file a report required by this section even if he
37-19 or it receives no contributions.
37-20 Sec. 10. NRS 294A.220 is hereby amended to read as follows:
37-21 294A.220 1. Every person or group of persons organized
37-22 formally or informally who advocates the passage or defeat of a
37-23 question or group of questions on the ballot at [any election
37-24 including any recall or special] a primary election , primary city
37-25 election, general election or general city election, shall, not later
37-26 than January 15 of each year that the provisions of this subsection
37-27 apply to the person or group of persons, for the period from
37-28 January 1 of the previous year through December 31 of the
37-29 previous year, report each expenditure made during the period on
37-30 behalf of or against the question, the group of questions or a
37-31 question in the group of questions on the ballot in excess of $100
37-32 on the form set forth in section 2 of this act provided by the filing
37-33 officer. The form must be signed by the person or a representative
37-34 of the group under penalty of perjury. The provisions of this
37-35 subsection apply to the person or group of persons:
37-36 (a) Each year in which an election or city election is held for a
37-37 question for which the person or group advocates passage or
37-38 defeat; and
37-39 (b) The year after each year described in paragraph (a).
37-40 2. If a question is on the ballot at a primary election or
37-41 primary city election and the general election or general city
37-42 election immediately following that primary election or primary
37-43 city election is held on or after January 1 and before the July 1
37-44 immediately following that January 1, every person or group of
37-45 persons organized formally or informally who advocates the
38-1 passage or defeat of the question or a group of questions that
38-2 includes the question shall comply with the requirements of this
38-3 subsection. If a question is on the ballot at a general election or
38-4 general city election held on or after January 1 and before the
38-5 July 1 immediately following that January 1, every person or
38-6 group of persons organized formally or informally who advocates
38-7 the passage or defeat of the question or a group of questions that
38-8 includes the question shall comply with the requirements of this
38-9 subsection. A person or group of persons described in this
38-10 subsection shall, not later than:
38-11 (a) Seven days before [a] the primary election or primary city
38-12 election, for the period from [30 days after the last general election
38-13 to] the January 1 immediately preceding the primary election or
38-14 primary city election through 12 days before the primary election
38-15 or primary city election;
38-16 (b) Seven days before [a] the general election or general city
38-17 election, for the period from [12] 11 days before the primary
38-18 election or primary city election [to] through 12days before the
38-19 general election or general city election; and
38-20 (c) [The 15th day of the second month after the general election
38-21 or general city election, for the remaining period up to 30 days after
38-22 the general election or general city election, list] July 15 of the year
38-23 of the general election or general city election, for the period from
38-24 11 days before the general election or general city election
38-25 through the June 30 immediately preceding that July 15,
38-26 report each expenditure made during the period on behalf of or
38-27 against [a question or] the question, the group of questions or a
38-28 question in the group of questions on the ballot in excess of $100
38-29 on the form [designed and] set forth in section 2 of this act
38-30 provided by the [Secretary of State] filing officer and signed by the
38-31 person or a representative of the group under penalty of perjury.
38-32 [The report must also include the identification of expenditures
38-33 which the person or group made cumulatively in excess of $100
38-34 since the beginning of the first reporting period.
38-35 2.] 3. If a question is on the ballot at a primary election or
38-36 primary city election and the general election or general city
38-37 election immediately following that primary election or primary
38-38 city election is held on or after July 1 and before the January 1
38-39 immediately following that July 1, every person or group of
38-40 persons organized formally or informally who advocates the
38-41 passage or defeat of the question or a group of questions that
38-42 includes the question shall comply with the requirements of this
38-43 subsection. If a question is on the ballot at a general election or
38-44 general city election held on or after July 1 and before the
38-45 January 1 immediately following that July 1, every person or
39-1 group of persons organized formally or informally who advocates
39-2 the passage or defeat of the question or a group of questions that
39-3 includes the question shall comply with the requirements of this
39-4 subsection. A person or group of persons described in this
39-5 subsection shall, not later than:
39-6 (a) Seven days before the primary election or primary city
39-7 election, for the period from the January 1 immediately preceding
39-8 the primary election or primary city election through 12 days
39-9 before the primary election or primary city election; and
39-10 (b) Seven days before the general election or general city
39-11 election, for the period from 11 days before the primary election or
39-12 primary city election through 12 days before the general election
39-13 or general city election,
39-14 report each expenditure made during the period on behalf of or
39-15 against the question, the group of questions or a question in the
39-16 group of questions on the ballot in excess of $100 on the form set
39-17 forth in section 2 of this act provided by the filing officer. The
39-18 form must be signed by the person or a representative of the group
39-19 under penalty of perjury.
39-20 4. Except as otherwise provided in subsection 5, every person
39-21 or group of persons organized formally or informally who
39-22 advocates the passage or defeat of a question or group of
39-23 questions on the ballot at a special election shall, not later than:
39-24 (a) Seven days before the special election, for the period from
39-25 the date the question qualified for the ballot through 12 days
39-26 before the special election; and
39-27 (b) Thirty days after the special election, for the remaining
39-28 period through the special election,
39-29 report each expenditure made during the period on behalf of or
39-30 against the question, the group of questions or a question in the
39-31 group of questions on the ballot in excess of $100 on the form set
39-32 forth in section 2 of this act provided by the filing officer. The
39-33 form must be signed by the person or a representative of the group
39-34 under penalty of perjury.
39-35 5. Every person or group of persons organized formally or
39-36 informally who advocates the passage or defeat of a question or
39-37 group of questions on the ballot at a special election to determine
39-38 whether a public officer will be recalled shall list each expenditure
39-39 made during the period on behalf of or against the question, the
39-40 group of questions or a question in the group of questions on the
39-41 ballot in excess of $100 on the form set forth in section 2 of this
39-42 act provided by the filing officer and signed by the person or a
39-43 representative of the group under penalty of perjury, 30 days after:
40-1 (a) The special election, for the period from the filing of the
40-2 notice of intent to circulate the petition for recall through the
40-3 special election; or
40-4 (b) If the special election is not held because a district court
40-5 determines that the petition for recall is legally insufficient
40-6 pursuant to subsection 5 of NRS 306.040, for the period from the
40-7 filing of the notice of intent to circulate the petition for recall
40-8 through the date of the district court’s decision.
40-9 6. Expenditures made within the State or made elsewhere but
40-10 for use within the State, including expenditures made outside the
40-11 State for printing, television and radio broadcasting or other
40-12 production of the media, must be included in the report.
40-13 [3. If the question is submitted to the voters of only one county,
40-14 the reports must be filed with the county clerk of that county. If the
40-15 question is submitted to the voters of only one city, the reports must
40-16 be filed with the city clerk of that city. Otherwise, the]
40-17 7. The reports required pursuant to this section must be filed
40-18 with :
40-19 (a) If the question is submitted to the voters of one county, the
40-20 county clerk of that county and the Secretary of State;
40-21 (b) If the question is submitted to the voters of one city, the city
40-22 clerk of that city and the Secretary of State; or
40-23 (c) If the question is submitted to the voters of more than one
40-24 county or city, the Secretary of State.
40-25 8. If an expenditure is made on behalf of a group of questions,
40-26 the reports [must be made to the officer appropriate for each
40-27 question and] must be itemized by question. A person may [make]
40-28 mail or transmit his report to the appropriate filing officer or the
40-29 Secretary of State if required, by regular mail, certified mail [. If
40-30 certified mail is used, the date of mailing] , facsimile machine or
40-31 electronic means. A report shall be deemed [the date of filing.
40-32 4. Each county clerk or city clerk who receives a report
40-33 pursuant to subsection 3 shall file a copy of the report with the
40-34 Secretary of State within 10 working days after he receives the
40-35 report.
40-36 5. The form designed and provided by the Secretary of State
40-37 for the reporting of expenditure pursuant to this section must be
40-38 designed to be used by the person or representative of the group to
40-39 record in the form of a list each expenditure as it is made.] to be
40-40 filed with the filing officer or the Secretary of State:
40-41 (a) On the date that it was mailed if it was sent by certified
40-42 mail; or
40-43 (b) On the date that it was received by the filing officer or the
40-44 Secretary of State if the report was sent by regular mail,
41-1 transmitted by facsimile machine or electronic means, or delivered
41-2 personally.
41-3 Sec. 11. NRS 294A.270 is hereby amended to read as follows:
41-4 294A.270 1. Except as otherwise provided in subsection 3,
41-5 each committee for the recall of a public officer shall, not later than:
41-6 (a) Seven days before the special election to recall a public
41-7 officer, for the period from the filing of the notice of intent to
41-8 circulate the petition for recall [up to] through 12 days before the
41-9 special election; and
41-10 (b) Thirty days after the election, for the remaining period [up
41-11 to] through the election,
41-12 [list] report each contribution received or made by the committee in
41-13 excess of $100 on [a] the form set forth in section 2 of this act
41-14 provided by the [Secretary of State and] filing officer. The form
41-15 must be signed by a representative of the committee under penalty
41-16 of perjury.
41-17 2. If a petition for the purpose of recalling a public officer is
41-18 not filed before the expiration of the notice of intent, the committee
41-19 for the recall of a public officer shall, not later than 30 days after the
41-20 expiration of the notice of intent, [list] report each contribution
41-21 received [or] by the committee, and each contribution made by the
41-22 committee in excess of $100.
41-23 3. If a court does not order a special election for the recall of
41-24 the public officer, the committee for the recall of a public officer
41-25 shall, not later than 30 days after the court determines that an
41-26 election will not be held, for the period from the filing of the notice
41-27 of intent to circulate the petition for recall [up to] through the day
41-28 the court determines that an election will not be held, [list] report
41-29 each contribution received [or] by the committee, and each
41-30 contribution made by the committee in excess of $100.
41-31 4. Each report of contributions must be filed with the Secretary
41-32 of State. The committee may mail or transmit the report by regular
41-33 mail, certified mail [. If certified mail is used, the date of mailing] ,
41-34 facsimile machine or electronic means. A report shall be deemed
41-35 [the date of filing.] to be filed with the Secretary of State:
41-36 (a) On the date that it was mailed if it was sent by certified
41-37 mail; or
41-38 (b) On the date that it was received by the Secretary of State if
41-39 the report was sent by regular mail, transmitted by facsimile
41-40 machine or electronic means, or delivered personally.
41-41 5. The name and address of the contributor and the date on
41-42 which the contribution was received must be included on the [list]
41-43 report for each contribution, whether from or to a natural person,
41-44 association or corporation, in excess of $100 and contributions
41-45 which a contributor or the committee has made cumulatively in
42-1 excess of that amount since the beginning of the [first] current
42-2 reporting period. [The form designed and provided by the Secretary
42-3 of State for the reporting of contributions pursuant to this section
42-4 must be designed to be used by the committee to record in the form
42-5 of a list each contribution as it is received or made.]
42-6 Sec. 12. NRS 294A.280 is hereby amended to read as follows:
42-7 294A.280 1. Except as otherwise provided in subsection 3,
42-8 each committee for the recall of a public officer shall, not later than:
42-9 (a) Seven days before the special election to recall a public
42-10 officer, for the period from the filing of the notice of intent to
42-11 circulate the petition for recall [up to] through 12 days before the
42-12 special election; and
42-13 (b) Thirty days after the election, for the remaining period [up
42-14 to] through the election,
42-15 [list] report each expenditure made by the committee in excess of
42-16 $100 on [a] the form set forth in section 2 of this act provided by
42-17 the [Secretary of State and] filing officer. The form must be signed
42-18 by a representative of the committee under penalty of perjury.
42-19 2. If a petition for the purpose of recalling a public officer is
42-20 not filed before the expiration of the notice of intent, the committee
42-21 for the recall of a public officer shall, not later than 30 days after the
42-22 expiration of the notice of intent, [list] report each expenditure made
42-23 by the committee in excess of $100.
42-24 3. If a court does not order a special election for the recall of
42-25 the public officer, the committee for the recall of a public officer
42-26 shall, not later than 30 days after the court determines that an
42-27 election will not be held, for the period from the filing of the notice
42-28 of intent to circulate the petition for recall [up to] through the day
42-29 the court determines that an election will not be held, [list] report
42-30 each expenditure made by the committee in excess of $100.
42-31 4. [The report must also include identification of expenditures
42-32 which the committee for the recall of a public officer made
42-33 cumulatively in excess of $100 since the beginning of the first
42-34 reporting period.
42-35 5.] Each report of expenditures must be filed with the Secretary
42-36 of State. The committee may mail or transmit the report to the
42-37 Secretary of State by regular mail, certified mail [. If certified mail
42-38 is used, the date of mailing] , facsimile machine or electronic
42-39 means. A report shall be deemed [the date of filing.
42-40 6. The form designed and provided by the Secretary of State
42-41 for the reporting of expenditures pursuant to this section must be
42-42 designed to be used by a committee to record in the form of a list
42-43 each expenditure as it is made.] to be filed with the Secretary of
42-44 State:
43-1 (a) On the date that it was mailed if it was sent by certified
43-2 mail; or
43-3 (b) On the date that it was received by the Secretary of State if
43-4 the report was sent by regular mail, transmitted by facsimile
43-5 machine or electronic means, or delivered personally.
43-6 Sec. 13. NRS 294A.360 is hereby amended to read as follows:
43-7 294A.360 1. Every candidate for city office [where the] at a
43-8 primary city election or general city election [is preceded by a
43-9 primary city election] shall file the reports in the manner required by
43-10 NRS 294A.120[, 294A.200 and 294A.350] and 294A.200 for other
43-11 offices not later than January 15 of each year, for the period from
43-12 January 1 of the previous year through December 31 of the
43-13 previous year. The provisions of this subsection apply to the
43-14 candidate:
43-15 (a) Beginning the year of the general city election for that
43-16 office through the year immediately preceding the next general
43-17 city election for that office; and
43-18 (b) Each year immediately succeeding a calendar year during
43-19 which the candidate disposes of contributions pursuant to
43-20 NRS 294A.160.
43-21 2. Every candidate for city office at a primary city election or
43-22 general city election, if the general city election for the office for
43-23 which he is a candidate is held on or after January 1 and before
43-24 the July 1 immediately following that January 1, shall file the
43-25 reports in the manner required by NRS 294A.120 and 294A.200
43-26 for other offices not later
43-27 than:
43-28 (a) Seven days before the primary city election[,] for that
43-29 office, for the period from [30 days after the last election for that
43-30 office up to] the January 1 immediately preceding the primary city
43-31 election through 12 days before the primary city election;
43-32 (b) Seven days before the general city election[, whether or not
43-33 the candidate won the primary city election,] for that office, for the
43-34 period from [12] 11 days before the primary city election [up to]
43-35 through 12 days before the general city election; and
43-36 (c) [The 15th day of the second month after the general city
43-37 election, for the remaining period up to 30 days after the general city
43-38 election.
43-39 2. Every] July 15 of the year of the general city election for
43-40 that office, for the period from 11 days before the general city
43-41 election through the June 30 of that year.
43-42 3. Every candidate for city office at a primary city election or
43-43 general city election, if the general city election for the office for
43-44 which he is a candidate is held on or after July 1 and before the
43-45 January 1 immediately following that July 1, shall file the reports
44-1 in the manner required by NRS 294A.120 and 294A.200 for other
44-2 offices not later than:
44-3 (a) Seven days before the primary city election for that office,
44-4 for the period from the January 1 immediately preceding the
44-5 primary city election through 12 days before the primary city
44-6 election; and
44-7 (b) Seven days before the general city election for that office,
44-8 for the period from 11 days before the primary city election
44-9 through 12 days before the general city election.
44-10 4. Except as otherwise provided in subsection 5, every
44-11 candidate for city office [where there is no primary city] at a special
44-12 election shall so file those reports:
44-13 (a) Seven days before the [general city] special election, for the
44-14 period from [30 days after the last election for that office up to] his
44-15 nomination through 12 days before the [general city] special
44-16 election; and
44-17 (b) [The 15th day of the second month] Thirty days after the
44-18 [general city] special election, for the remaining period [up to 30
44-19 days after the general city election.
44-20 3. The city clerk shall design the form for each report a
44-21 candidate for city office is required to file pursuant to NRS
44-22 294A.120 and 294A.200. The form designed and provided by the
44-23 city clerk for the reporting of campaign contributions and campaign
44-24 expenses pursuant to this section must be designed to be used to
44-25 record in the form of a list each campaign contribution as it is made
44-26 and each campaign expense in excess of $100 as it is incurred.
44-27 The city clerk shall submit the form to the Secretary of State for
44-28 approval. The city clerk shall not use such a form until it is
44-29 approved.] through the special election.
44-30 5. Every candidate for city office at a special election to
44-31 determine whether a public officer will be recalled shall so file
44-32 those reports 30 days after:
44-33 (a) The special election, for the period from the filing of the
44-34 notice of intent to circulate the petition for recall through the
44-35 special election; or
44-36 (b) If the special election is not held because a district court
44-37 determines that the petition for recall is legally insufficient
44-38 pursuant to subsection 5 of NRS 306.040, for the period from the
44-39 filing of the notice of intent to circulate the petition for recall
44-40 through the date of the district court’s decision.
44-41 Sec. 14. NRS 294A.362 is hereby amended to read as follows:
44-42 294A.362 1. In addition to [filing the forms designed and
44-43 provided by the Secretary of State] reporting information pursuant
44-44 to NRS 294A.120, [294A.125 and 294A.200, or the forms designed
44-45 and provided by a city clerk pursuant to NRS 294A.360, as
45-1 appropriate,] 294A.200 and 294A.360, each candidate who is
45-2 required to file a report of campaign contributions and expenses
45-3 pursuant to NRS 294A.120, [294A.125,] 294A.200 or 294A.360
45-4 shall [file a separate form relating only to] report on the form set
45-5 forth in section 2 of this act provided by the filing officer goods
45-6 and services provided in kind for which money would otherwise
45-7 have been paid. The candidate shall list on the form each such
45-8 campaign contribution he receives and each expense in excess of
45-9 $100 he incurs during the reporting period.
45-10 2. [The Secretary of State shall design the form described in
45-11 subsection 1 for each candidate who is required to use the form to
45-12 file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.
45-13 The city clerk shall design the form described in subsection 1 for
45-14 each candidate who is required to use the form to file a report
45-15 pursuant to NRS 294A.360. The city clerk shall submit the form to
45-16 the Secretary of State for approval. The city clerk shall not use such
45-17 a form until it is approved. The Secretary of State and each city
45-18 clerk shall design the format of the form described in subsection 1
45-19 so that a candidate who uses the form may record in the form a list
45-20 of each such campaign contribution as the contribution is received
45-21 and expense in excess of $100 as it is incurred.
45-22 3.] The Secretary of State and each city clerk shall not require a
45-23 candidate to list the campaign contributions and expenses described
45-24 in this section on any form other than [a form designed and provided
45-25 pursuant to this section.
45-26 4. Upon request, the Secretary of State shall provide a copy of
45-27 the form described in subsection 1 to each candidate who is required
45-28 to file a report of his campaign contributions and expenses pursuant
45-29 to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city
45-30 clerk shall provide a copy of the form described in subsection 1 to
45-31 each candidate who is required to file a report of his campaign
45-32 contributions and expenses pursuant to NRS 294A.360.] the form
45-33 set forth in section 2 of this act.
45-34 Sec. 15. NRS 294A.365 is hereby amended to read as follows:
45-35 294A.365 1. Each report of expenditures required pursuant to
45-36 NRS 294A.210, 294A.220 and 294A.280 must consist of a list of
45-37 [the expenditures] each expenditure in excess of $100 that was
45-38 made during the periods for reporting. Each report of expenses
45-39 required pursuant to NRS [294A.125 and] 294A.200 must consist of
45-40 a list of each expense in excess of $100 that was incurred during the
45-41 periods for reporting. The list in each report must state the category
45-42 and amount of the expense or expenditure and the date on which the
45-43 expense was incurred or the expenditure was made.
45-44 2. The categories of expense or expenditure for use on the
45-45 report of expenses or expenditures are:
46-1 (a) Office expenses;
46-2 (b) Expenses related to volunteers;
46-3 (c) Expenses related to travel;
46-4 (d) Expenses related to advertising;
46-5 (e) Expenses related to paid staff;
46-6 (f) Expenses related to consultants;
46-7 (g) Expenses related to polling;
46-8 (h) Expenses related to special events;
46-9 (i) Except as otherwise provided in NRS 294A.362, goods and
46-10 services provided in kind for which money would otherwise have
46-11 been paid; and
46-12 (j) Other miscellaneous expenses.
46-13 3. [The Secretary of State and each city clerk shall not require a
46-14 candidate to provide separately the total amount of each category of
46-15 expenses described in this section.] Each report of expenses or
46-16 expenditures described in subsection 1 must list the disposition of
46-17 any unspent campaign contributions using the categories set forth
46-18 in subsection 2 of NRS 294A.160.
46-19 Sec. 16. NRS 294A.380 is hereby amended to read as follows:
46-20 294A.380 1. The Secretary of State may adopt and
46-21 promulgate regulations [, prescribe forms in accordance with the
46-22 provisions of this chapter] and take such other actions as are
46-23 necessary for the implementation and effective administration of the
46-24 provisions of this chapter.
46-25 2. For the purposes of implementing and administering the
46-26 provisions of this chapter regulating committees for political action:
46-27 (a) The Secretary of State shall, in determining whether an entity
46-28 or group is a committee for political action, consider a group’s or
46-29 entity’s division or separation into units, sections or smaller groups
46-30 only if it appears that such division or separation was for a purpose
46-31 other than for avoiding the reporting requirements of this chapter.
46-32 (b) The Secretary of State shall, in determining whether an
46-33 entity or group is a committee for political action, disregard any
46-34 action taken by a group or entity that would otherwise constitute a
46-35 committee for political action if it appears such action is taken for
46-36 the purpose of avoiding the reporting requirements of this chapter.
46-37 Sec. 17. NRS 294A.390 is hereby amended to read as follows:
46-38 294A.390 The officer from whom a candidate or entity
46-39 requests a form for:
46-40 1. A declaration of candidacy;
46-41 2. An acceptance of candidacy;
46-42 3. The registration of a committee for political action pursuant
46-43 to NRS 294A.230 or a committee for the recall of a public officer
46-44 pursuant to NRS 294A.250; or
47-1 4. The reporting of campaign contributions, expenses or
47-2 expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,
47-3 [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280
47-4 or 294A.360,
47-5 shall furnish the candidate with the necessary forms for reporting
47-6 and copies of the regulations adopted by the Secretary of State
47-7 pursuant to this chapter. An explanation of the applicable provisions
47-8 of NRS 294A.100, 294A.120, 294A.140, 294A.150, [294A.180,]
47-9 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360
47-10 relating to the making, accepting or reporting of campaign
47-11 contributions, expenses or expenditures and the penalties for a
47-12 violation of those provisions as set forth in NRS 294A.100 or
47-13 294A.420 must be [printed on the forms.] developed by the
47-14 Secretary of State and provided upon request. The candidate or
47-15 entity shall acknowledge receipt of the material.
47-16 Sec. 18. NRS 294A.420 is hereby amended to read as follows:
47-17 294A.420 1. If the Secretary of State receives information
47-18 that a person or entity that is subject to the provisions of NRS
47-19 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,
47-20 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not
47-21 filed a report or form for registration pursuant to the applicable
47-22 provisions of those sections, the Secretary of State may, after giving
47-23 notice to that person or entity, cause the appropriate proceedings to
47-24 be instituted in the First Judicial District Court.
47-25 2. Except as otherwise provided in this section, a person or
47-26 entity that violates an applicable provision of NRS 294A.112,
47-27 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, [294A.170,
47-28 294A.180,] 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,
47-29 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject
47-30 to a civil penalty of not more than $5,000 for each violation and
47-31 payment of court costs and attorney’s fees. The civil penalty must
47-32 be recovered in a civil action brought in the name of the State of
47-33 Nevada by the Secretary of State in the First Judicial District Court
47-34 and deposited by the Secretary of State for credit to the State
47-35 General Fund in the bank designated by the Treasurer.
47-36 3. If a civil penalty is imposed because a person or entity has
47-37 reported its contributions, expenses or expenditures after the date
47-38 the report is due, the amount of the civil penalty is:
47-39 (a) If the report is not more than 7 days late, $25 for each day
47-40 the report is late.
47-41 (b) If the report is more than 7 days late but not more than 15
47-42 days late, $50 for each day the report is late.
47-43 (c) If the report is more than 15 days late, $100 for each day the
47-44 report is late.
48-1 4. For good cause shown, the Secretary of State may waive a
48-2 civil penalty that would otherwise be imposed pursuant to this
48-3 section. If the Secretary of State waives a civil penalty pursuant to
48-4 this subsection, the Secretary of State shall:
48-5 (a) Create a record which sets forth that the civil penalty has
48-6 been waived and describes the circumstances that constitute the
48-7 good cause shown; and
48-8 (b) Ensure that the record created pursuant to paragraph (a) is
48-9 available for review by the general public.
48-10 Sec. 19. Chapter 281 of NRS is hereby amended by adding
48-11 thereto a new section to read as follows:
48-12 1. Except as otherwise provided in subsection 2, if a public
48-13 officer who was appointed to the office for which he is serving is
48-14 entitled to receive compensation for serving in that office, he shall
48-15 file with the Commission a statement of financial disclosure, as
48-16 follows:
48-17 (a) A public officer appointed to fill the unexpired term of an
48-18 elected or appointed public officer shall file a statement of
48-19 financial disclosure within 30 days after his appointment.
48-20 (b) Each public officer appointed to fill an office shall file a
48-21 statement of financial disclosure on or before January 15 of each
48-22 year of the term, including the year the term expires.
48-23 2. If a person is serving in a public office for which he is
48-24 required to file a statement pursuant to subsection 1, he may use
48-25 the statement he files for that initial office to satisfy the
48-26 requirements of subsection 1 for every other public office to which
48-27 he is appointed and in which he is also serving.
48-28 3. A judicial officer who is appointed to fill the unexpired
48-29 term of a predecessor or to fill a newly created judgeship shall file
48-30 a statement of financial disclosure pursuant to the requirements of
48-31 Canon 4I of the Nevada Code of Judicial Conduct. Such a
48-32 statement of financial disclosure must include, without limitation,
48-33 all information required to be included in a statement of financial
48-34 disclosure pursuant to NRS 281.571.
48-35 4. The Commission shall provide written notification to the
48-36 Secretary of State of the public officers who failed to file the
48-37 statements of financial disclosure required by subsection 1 or who
48-38 failed to file those statements in a timely manner. The notice must
48-39 be sent within 30 days after the deadlines set forth in subsection 1
48-40 and must include:
48-41 (a) The name of each public officer who failed to file his
48-42 statement of financial disclosure within the period before the
48-43 notice is sent;
49-1 (b) The name of each public officer who filed his statement of
49-2 financial disclosure after the deadlines set forth in subsection 1
49-3 but within the period before the notice is sent;
49-4 (c) For the first notice sent after the public officer filed his
49-5 statement of financial disclosure, the name of each public officer
49-6 who filed his statement of financial disclosure after the deadlines
49-7 set forth in subsection 1 but within the period before the notice is
49-8 sent; and
49-9 (d) For each public officer listed in paragraph (c), the date on
49-10 which the statement of financial disclosure was due and the date
49-11 on which the public officer filed the statement.
49-12 5. In addition to the notice provided pursuant to subsection 4,
49-13 the Commission shall notify the Secretary of State of each public
49-14 officer who files a statement of financial disclosure more than 30
49-15 days after the deadlines set forth in subsection 1. The notice must
49-16 include the information described in paragraphs (c) and (d) of
49-17 subsection 4.
49-18 6. A statement of financial disclosure shall be deemed to be
49-19 filed with the Commission:
49-20 (a) On the date that it was mailed if it was sent by certified
49-21 mail; or
49-22 (b) On the date that it was received by the Commission if the
49-23 statement was sent by regular mail, transmitted by facsimile
49-24 machine or electronic means, or delivered personally.
49-25 Sec. 20. NRS 281.411 is hereby amended to read as follows:
49-26 281.411 NRS 281.411 to 281.581, inclusive, and section 19 of
49-27 this act may be cited as the Nevada Ethics in Government Law.
49-28 Sec. 21. NRS 281.501 is hereby amended to read as follows:
49-29 281.501 1. Except as otherwise provided in subsection 2 or 3,
49-30 a public officer may vote upon a matter if the benefit or detriment
49-31 accruing to him as a result of the decision either individually or in a
49-32 representative capacity as a member of a general business,
49-33 profession, occupation or group is not greater than that accruing to
49-34 any other member of the general business, profession, occupation or
49-35 group.
49-36 2. In addition to the requirements of the code of ethical
49-37 standards, a public officer shall not vote upon or advocate the
49-38 passage or failure of, but may otherwise participate in the
49-39 consideration of a matter with respect to which the independence of
49-40 judgment of a reasonable person in his situation would be materially
49-41 affected by:
49-42 (a) His acceptance of a gift or loan;
49-43 (b) His pecuniary interest; or
49-44 (c) His commitment in a private capacity to the interests of
49-45 others.
50-1 It must be presumed that the independence of judgment of a
50-2 reasonable person would not be materially affected by his pecuniary
50-3 interest or his commitment in a private capacity to the interests of
50-4 others where the resulting benefit or detriment accruing to him or to
50-5 the other persons whose interests to which the member is committed
50-6 in a private capacity is not greater than that accruing to any other
50-7 member of the general business, profession, occupation or group.
50-8 The presumption set forth in this subsection does not affect the
50-9 applicability of the requirements set forth in subsection 3 relating to
50-10 the disclosure of the pecuniary interest or commitment in a private
50-11 capacity to the interests of others.
50-12 3. A public officer or employee shall not approve, disapprove,
50-13 vote, abstain from voting or otherwise act upon any matter:
50-14 (a) Regarding which he has accepted a gift or loan;
50-15 (b) Which would reasonably be affected by his commitment in a
50-16 private capacity to the interest of others; or
50-17 (c) In which he has a pecuniary interest,
50-18 without disclosing sufficient information concerning the gift, loan,
50-19 commitment or interest to inform the public of the potential effect of
50-20 the action or abstention upon the person who provided the gift or
50-21 loan, upon the person to whom he has a commitment, or upon his
50-22 interest. Except as otherwise provided in subsection 6, such a
50-23 disclosure must be made at the time the matter is considered. If the
50-24 officer or employee is a member of a body which makes decisions,
50-25 he shall make the disclosure in public to the Chairman and other
50-26 members of the body. If the officer or employee is not a member of
50-27 such a body and holds an appointive office, he shall make the
50-28 disclosure to the supervisory head of his organization or, if he holds
50-29 an elective office, to the general public in the area from which he is
50-30 elected. This subsection does not require a public officer to disclose
50-31 any campaign contributions that the public officer reported pursuant
50-32 to NRS 294A.120 [or 294A.125] in a timely manner.
50-33 4. If a public officer declares to the body or committee in
50-34 which the vote is to be taken that he will abstain from voting
50-35 because of the requirements of this section, the necessary quorum to
50-36 act upon and the number of votes necessary to act upon the matter,
50-37 as fixed by any statute, ordinance or rule, is reduced as though the
50-38 member abstaining were not a member of the body or committee.
50-39 5. If a public officer is voting on a matter which affects public
50-40 employees, he shall make a full public disclosure of any personal
50-41 pecuniary interest which he may have in the matter.
50-42 6. After a member of the Legislature makes a disclosure
50-43 pursuant to subsection 3, he may file with the Director of the
50-44 Legislative Counsel Bureau a written statement of his disclosure.
50-45 The written statement must designate the matter to which the
51-1 disclosure applies. After a Legislator files a written statement
51-2 pursuant to this subsection, he is not required to disclose orally his
51-3 interest when the matter is further considered by the Legislature or
51-4 any committee thereof. A written statement of disclosure is a public
51-5 record and must be made available for inspection by the public
51-6 during the regular office hours of the Legislative Counsel Bureau.
51-7 7. The provisions of this section do not, under any
51-8 circumstances:
51-9 (a) Prohibit a member of the legislative branch from requesting
51-10 or introducing a legislative measure; or
51-11 (b) Require a member of the legislative branch to take any
51-12 particular action before or while requesting or introducing a
51-13 legislative measure.
51-14 8. As used in this section, “commitment in a private capacity to
51-15 the interests of others” means a commitment to a person:
51-16 (a) Who is a member of his household;
51-17 (b) Who is related to him by blood, adoption or marriage within
51-18 the third degree of consanguinity or affinity;
51-19 (c) Who employs him or a member of his household;
51-20 (d) With whom he has a substantial and continuing business
51-21 relationship; or
51-22 (e) Any other commitment or relationship that is substantially
51-23 similar to a commitment or relationship described in this subsection.
51-24 Sec. 22. NRS 281.552 is hereby amended to read as follows:
51-25 281.552 1. Every public officer shall acknowledge that he
51-26 has received, read and understands the statutory ethical standards.
51-27 The acknowledgment must be on a form prescribed by the
51-28 Commission and must accompany the first statement of financial
51-29 disclosure that the public officer is required to file with the
51-30 Commission pursuant to section 19 of this act or the Secretary of
51-31 State pursuant to NRS 281.561.
51-32 2. The Commission and the Secretary of State shall retain an
51-33 acknowledgment filed pursuant to this section for 6 years after the
51-34 date on which the acknowledgment was filed.
51-35 3. Willful refusal to execute and file the acknowledgment
51-36 required by this section constitutes nonfeasance in office and is a
51-37 ground for removal pursuant to NRS 283.440.
51-38 Sec. 23. NRS 281.561 is hereby amended to read as follows:
51-39 281.561 1. [Except as otherwise provided in subsection 2 or
51-40 3, if] If a candidate for public office will be entitled to receive
51-41 compensation for serving in the office that he is seeking or a
51-42 public officer who was elected to the office for which he is serving
51-43 is entitled to receive compensation for serving in [the office in
51-44 question,] that office, he shall file with the [Commission,] Secretary
51-45 of State and with the officer with whom declarations of candidacy
52-1 for [the office in question] the office are filed, a statement of
52-2 financial disclosure, as follows:
52-3 (a) A candidate for nomination, election or reelection to public
52-4 office shall file a statement of financial disclosure [no later than the
52-5 10th day after the last day to qualify as a candidate for the office.
52-6 (b) A public officer appointed to fill the unexpired term of an
52-7 elected public officer shall file a statement of financial disclosure
52-8 within 30 days after his appointment.
52-9 (c) Every public officer, whether appointed or elected,] with the
52-10 officer with whom he files a declaration of candidacy for the office
52-11 at the same time as he files the declaration of candidacy; and
52-12 (b) Each public officer shall file a statement of financial
52-13 disclosure on or before [March 31] January 15 of each year of the
52-14 term, including the year the term expires.
52-15 [(d) A public officer who leaves office on a date other than the
52-16 expiration of his term or anniversary of his appointment or election,
52-17 shall file a statement of financial disclosure within 60 days after
52-18 leaving office.
52-19 2. A statement filed pursuant to one of the paragraphs of
52-20 subsection 1 may be used to satisfy the requirements of another
52-21 paragraph of subsection 1 if the initial statement was filed not more
52-22 than 3 months before the other statement is required to be filed.
52-23 3. If a person is serving in a public office for which he is
52-24 required to file a statement pursuant to subsection 1, he may use the
52-25 statement he files for that initial office to satisfy the requirements of
52-26 subsection 1 for every other public office in which he is also
52-27 serving.
52-28 4. A person may satisfy the requirements of subsection 1 by
52-29 filing with the Commission a copy of a statement of financial
52-30 disclosure that was filed pursuant to the requirements of a
52-31 specialized or local ethics committee if the form of the statement has
52-32 been approved by the Commission.
52-33 5.] 2. A candidate for judicial office or a judicial officer shall
52-34 file a statement of financial disclosure pursuant to the requirements
52-35 of Canon 4I of the Nevada Code of Judicial Conduct. Such a
52-36 statement of financial disclosure must include, without limitation,
52-37 all information required to be included in a statement of financial
52-38 disclosure pursuant to NRS 281.571.
52-39 3. A statement of financial disclosure shall be deemed to be
52-40 filed with the Secretary of State:
52-41 (a) On the date that it was mailed if it was sent by certified
52-42 mail; or
52-43 (b) On the date that it was received by the Secretary of State if
52-44 the statement was sent by regular mail, transmitted by facsimile
52-45 machine or electronic means, or delivered personally.
53-1 4. The statement of financial disclosure filed pursuant to this
53-2 section must be filed on the form set forth in section 2 of this act
53-3 provided by the filing officer.
53-4 5. A statement of financial disclosure that is mailed or
53-5 transmitted pursuant to subsection 3 in a timely manner to the
53-6 wrong filing officer shall be deemed to be timely filed.
53-7 Sec. 24. NRS 281.573 is hereby amended to read as follows:
53-8 281.573 1. Except as otherwise provided in subsection 2,
53-9 statements of financial disclosure required by the provisions of NRS
53-10 281.561 and 281.571 and section 19 of this act must be retained by
53-11 the Commission, Secretary of State, county clerk and city clerk for 6
53-12 years after the date of filing.
53-13 2. For public officers who serve more than one term in either
53-14 the same public office or more than one public office, the period
53-15 prescribed in subsection 1 begins on the date of the filing of the last
53-16 statement of financial disclosure for the last public office held.
53-17 Sec. 25. NRS 281.575 is hereby amended to read as follows:
53-18 281.575 The Secretary of State and each county or city clerk
53-19 who receives from a candidate for public office a declaration of
53-20 candidacy, acceptance of candidacy or certificate of candidacy shall
53-21 give to the candidate the form [prescribed by the Commission] set
53-22 forth in section 2 of this act for the making of a statement of
53-23 financial disclosure, accompanied by instructions on how to
53-24 complete the form, where it must be filed and the time by which it
53-25 must be filed.
53-26 Sec. 26. NRS 281.581 is hereby amended to read as follows:
53-27 281.581 1. [A] If the Secretary of State receives information
53-28 that a candidate for public office or public officer [who fails to file]
53-29 has not filed his statement of financial disclosure in a timely manner
53-30 pursuant to NRS 281.561 or section 19 of this act, the Secretary of
53-31 State may, after giving notice to that person or entity, cause the
53-32 appropriate proceedings to be instituted in the First Judicial
53-33 District Court.
53-34 2. Except as otherwise provided in this section, a candidate
53-35 for public office or public officer who fails to file his statement of
53-36 financial disclosure in a timely manner pursuant to NRS 281.561
53-37 or section 19 of this act is subject to a civil penalty of not more
53-38 than $5,000 for each violation and payment of court costs and
53-39 attorney’s fees. [Except as otherwise provided in subsection 3, the]
53-40 The civil penalty must be recovered in a civil action brought in the
53-41 name of the State of Nevada by the Secretary of State in the First
53-42 Judicial District Court and deposited by the Secretary of State for
53-43 credit to the State General Fund in the bank designated by the
53-44 State Treasurer.
53-45 3. The amount of the civil penalty is:
54-1 (a) If the statement is filed not more than 7 days late, $25 for
54-2 each day the statement is late.
54-3 (b) If the statement is filed more than 7 days late but not more
54-4 than 15 days late, [$175 for the first 7 days, plus] $50 for each
54-5 [additional] day the statement is late.
54-6 (c) If the statement is filed more than 15 days late, [$575 for the
54-7 first 15 days, plus] $100 for each [additional] day the statement is
54-8 late.
54-9 [2. The Commission may, for]
54-10 4. For good cause shown, the Secretary of State may waive
54-11 [or reduce the civil penalty.
54-12 3. The civil penalty imposed for a violation of this section must
54-13 not exceed the annual compensation for the office for which the
54-14 statement was filed.
54-15 4. The civil penalty must be recovered in a civil action brought
54-16 in the name of the State of Nevada by the Commission in a court of
54-17 competent jurisdiction and deposited by the Commission in the
54-18 account for credit to the State General Fund in the bank designated
54-19 by the State Treasurer.
54-20 5. If the Commission] a civil penalty that would otherwise be
54-21 imposed pursuant to this section. If the Secretary of State waives a
54-22 civil penalty pursuant to [subsection 2, the Commission] this
54-23 subsection, the Secretary of State shall:
54-24 (a) Create a record which sets forth that the civil penalty has
54-25 been waived and describes the circumstances that constitute the
54-26 good cause shown; and
54-27 (b) Ensure that the record created pursuant to paragraph (a) is
54-28 available for review by the general public.
54-29 Sec. 27. NRS 294A.125, 294A.170 and 294A.180 are hereby
54-30 repealed.
54-31 Sec. 28. The statement of financial disclosure required to be
54-32 filed on or before January 15, 2004, by a public officer with the
54-33 Secretary of State pursuant to the amendatory provisions of NRS
54-34 281.561 must cover the period from the last statement of financial
54-35 disclosure filed by the public officer through December 31, 2003.
54-36 Sec. 29. This act becomes effective on January 1, 2004.
55-1 TEXT OF REPEALED SECTIONS
55-2 294A.125 Candidate who receives contributions in excess of
55-3 $10,000 in year before year of election required to report
55-4 contributions received and expenditures made before year of
55-5 election; procedure for reporting; contents of report.
55-6 1. In addition to complying with the requirements set forth in
55-7 NRS 294A.120, 294A.200 and 294A.360, a candidate who receives
55-8 contributions in any year before the year in which the general
55-9 election or general city election in which the candidate intends to
55-10 seek election to public office is held, shall, for:
55-11 (a) The year in which he receives contributions in excess of
55-12 $10,000, list each of the contributions that he receives and the
55-13 expenditures in excess of $100 made in that year.
55-14 (b) Each year after the year in which he received contributions
55-15 in excess of $10,000, until the year of the general election or general
55-16 city election in which the candidate intends to seek election to
55-17 public office is held, list each of the contributions that he received
55-18 and the expenditures in excess of $100 made in that year.
55-19 2. The reports required by subsection 1 must be submitted on
55-20 forms designed and provided by the Secretary of State pursuant to
55-21 this section and NRS 294A.362. Each form must be signed by the
55-22 candidate under penalty of perjury.
55-23 3. The name and address of the contributor and the date on
55-24 which the contribution was received must be included on the list for
55-25 each contribution in excess of $100 and contributions that a
55-26 contributor has made cumulatively in excess of that amount.
55-27 4. The forms designed and provided by the Secretary of State
55-28 for the reporting of contributions and expenditures pursuant to this
55-29 section must be designed to be used by a candidate to record in the
55-30 form of a list each campaign contribution as he receives it and each
55-31 expenditure as it is made.
55-32 5. The report must be filed:
55-33 (a) With the officer with whom the candidate will file the
55-34 declaration of candidacy or acceptance of candidacy for the public
55-35 office the candidate intends to seek. A candidate may mail the report
55-36 to that officer by certified mail. If certified mail is used, the date of
55-37 mailing shall be deemed the date of filing.
55-38 (b) On or before January 15 of the year immediately after the
55-39 year for which the report is made.
56-1 6. A county clerk who receives from a candidate for legislative
56-2 or judicial office, except the office of justice of the peace or
56-3 municipal judge, a report of contributions and expenditures pursuant
56-4 to subsection 5 shall file a copy of the report with the Secretary of
56-5 State within 10 working days after he receives the report.
56-6 294A.170 Candidate to offer to return unspent
56-7 contributions received before filing of declaration of candidacy
56-8 for different office; disposition of unreturned contributions. If
56-9 a candidate for state, district, county, city or township office files a
56-10 declaration of candidacy for an office which is different from the
56-11 office which:
56-12 1. He previously and publicly intended to seek; or
56-13 2. He held immediately preceding his declaration of candidacy,
56-14 he shall make a reasonable effort to notify the persons who
56-15 contributed money to his campaign before he filed his declaration of
56-16 candidacy and return the unspent portion of those contributions if so
56-17 requested. Any contributions not returned must be used in his
56-18 campaign or must be disposed of in the manner provided in
56-19 NRS 294A.160.
56-20 294A.180 Candidate or elected public officer to file report
56-21 relating to disposition of unspent contributions; procedure for
56-22 reporting.
56-23 1. Each candidate for a state, district, county, city or township
56-24 office who is not elected to that office shall, not later than the 15th
56-25 day of the second month after his defeat, file a report with the
56-26 Secretary of State stating the amount of contributions which he
56-27 received for that campaign but did not spend and the disposition of
56-28 those unspent contributions.
56-29 2. Each public officer who is elected to a state, district, county,
56-30 city or township office shall file a report:
56-31 (a) Not later than the 15th day of the second month after his
56-32 election, stating the amount of campaign contributions which he
56-33 received but did not spend and the amount, if any, of those unspent
56-34 contributions disposed of pursuant to subsections 2 and 6 of NRS
56-35 294A.160 as of the last day of the first month after his election;
56-36 (b) Not later than January 15th of each year of his term
56-37 beginning the year after he filed the report required by paragraph
56-38 (a), stating the amount, if any, of those unspent contributions
56-39 disposed of pursuant to NRS 294A.160 during the period from the
56-40 last date covered by his last report through December 31 of the
56-41 immediately preceding year and the manner in which they were
56-42 disposed of; and
56-43 (c) Not later than the 15th day of the second month after he no
56-44 longer holds that office, stating the amount and disposition of any
56-45 remaining unspent contributions.
57-1 3. The reports required by subsections 1 and 2 must be
57-2 submitted on a form designed and provided by the Secretary of State
57-3 and signed by the candidate or public officer under penalty of
57-4 perjury.
57-5 4. A public officer filing a report pursuant to subsection 2:
57-6 (a) Shall file the report with the officer with whom he filed his
57-7 declaration of candidacy or acceptance of candidacy.
57-8 (b) May file the report by certified mail. If certified mail is used,
57-9 the date of mailing shall be deemed the date of filing.
57-10 5. A county clerk who receives from a legislative or judicial
57-11 officer, other than a justice of the peace or municipal judge, a report
57-12 pursuant to subsection 4 shall file a copy of the report with the
57-13 Secretary of State within 10 working days after he receives the
57-14 report.
57-15 H