(Reprinted with amendments adopted on June 2, 2003)

 

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

 

(On Behalf of the Secretary of State)

 

March 24, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

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

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to elections; restricting the information that may be requested in the form used for reporting campaign contributions and expenditures; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; eliminating the requirement to report campaign contributions of $100 or less under certain circumstances; 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:

 

 

 

 

2-1  Section 1. Chapter 294A of NRS is hereby amended by

2-2  adding thereto a new section to read as follows:

2-3  1.  The Secretary of State shall design a single form to be used

2-4  for all reports of campaign contributions and expenses or

2-5  expenditures that are required to be filed pursuant to NRS

2-6  294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210,

2-7  294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

2-8  2.  The form designed by the Secretary of State pursuant to

2-9  this section must only request information specifically required by

2-10  statute.

2-11      3.  Upon request, the Secretary of State shall provide a copy of

2-12  the form designed pursuant to this section to each person,

2-13  committee, political party and group that is required to file a

2-14  report described in subsection 1.

2-15      Secs. 2 and 3.  (Deleted by amendment.)

2-16      Sec. 3.5.  NRS 294A.004 is hereby amended to read as

2-17  follows:

2-18      294A.004  “Campaign expenses” and “expenditures” mean:

2-19      1.  Those expenditures [contracted for or] made for advertising

2-20  on television, radio, billboards, posters and in newspapers; and

2-21      2.  All other expenditures [contracted for or] made,

2-22  toadvocate expressly the election or defeat of a clearly identified

2-23  candidate or group of candidates or the passage or defeat of a clearly

2-24  identified question or group of questions on the ballot, including any

2-25  payments made to a candidate or any person who is related to the

2-26  candidate within the second degree of consanguinity or affinity.

2-27      Sec. 4.  NRS 294A.120 is hereby amended to read as follows:

2-28      294A.120  1.  Every candidate for state, district, county or

2-29  township office at a primary or general election shall, not later than

2-30  January 15 of each year, for the period from January 1 of the

2-31  previous year through December 31 of the previous year, report

2-32  each campaign contribution in excess of $100 he received during

2-33  the period and contributions received during the period from a

2-34  contributor which cumulatively exceed $100. The provisions of

2-35  this subsection apply to the candidate beginning the year of the

2-36  general election for that office through the year immediately

2-37  preceding the next general election for that office.

2-38      2.  Every candidate for state, district, county or township

2-39  office at a primary or general election shall, if the general election

2-40  for the office for which he is a candidate is held on or after

2-41  January 1 and before the July 1 immediately following that

2-42  January 1, not later than:

2-43      (a) Seven days before the primary election[,] for that office, for

2-44  the period from [30 days before the regular session of the

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

3-2  immediately preceding the primary election through 12 days

3-3  before the primary election;

3-4  (b) Seven days before the general election[, whether or not the

3-5  candidate won the primary election,] for that office, for the period

3-6  from [12] 11 days before the primary election [up to] through 12

3-7  days before the general election; and

3-8  (c) [The 15th day of the second month after the general election,

3-9  for the remaining period up to 30 days before the next regular

3-10  session of the Legislature,

3-11  list each of the campaign contributions that] July 15 of the year of

3-12  the general election for that office, for the period from 11 days

3-13  before the general election through June 30 of that year,

3-14  report each campaign contribution in excess of $100 he receives

3-15  during the period and contributions received during the period

3-16  from a contributor which cumulatively exceed $100. The report

3-17  must be completed on [forms] the form designed and provided by

3-18  the Secretary of State pursuant to section 1 of this [section and NRS

3-19  294A.362.] act. Each form must be signed by the candidate under

3-20  penalty of perjury.

3-21      [2.] 3.  Every candidate for state, district, county or township

3-22  office at a primary or general election shall, if the general election

3-23  for the office for which he is a candidate is held on or after July 1

3-24  and before the January 1 immediately following that July 1, not

3-25  later than:

3-26      (a) Seven days before the primary election for that office, for

3-27  the period from the January 1 immediately preceding the primary

3-28  election through 12 days before the primary election; and

3-29      (b) Seven days before the general election for that office, for

3-30  the period from 11 days before the primary election through 12

3-31  days before the general election,

3-32  report each campaign contribution in excess of $100 he received

3-33  during the period and contributions received during the period

3-34  from a contributor which cumulatively exceed $100. The report

3-35  must be completed on the form designed and provided by the

3-36  Secretary of State pursuant to section 1 of this act. Each form

3-37  must be signed by the candidate under penalty of perjury.

3-38      4. Except as otherwise provided in subsection [3,] 5, every

3-39  candidate for a district office at a special election shall, not later

3-40  than:

3-41      (a) Seven days before the special election, for the period from

3-42  his nomination [up to] through 12days before the special election;

3-43  and

4-1  (b) Thirty days after the special election, for the remaining

4-2  period [up to] through the special election,

4-3  [list each of the campaign contributions that he receives] report

4-4  each campaign contribution in excess of $100 he received during

4-5  the period and contributions received during the reporting period

4-6  from a contributor which cumulatively exceed $100. The report

4-7  must be completed on [forms] the form designed and provided by

4-8  the Secretary of State pursuant to section 1 of this [section and NRS

4-9  294A.362.] act. Each form must be signed by the candidate under

4-10  penalty of perjury.

4-11      [3.] 5. Every candidate for state, district, county, municipal or

4-12  township office at a special election to determine whether a public

4-13  officer will be recalled shall list each of the campaign contributions

4-14  that he receives on [forms] the form designed and provided by the

4-15  Secretary of State pursuant to section 1 of this [section and NRS

4-16  294A.362,] act, and signed by the candidate under penalty of

4-17  perjury, 30 days after:

4-18      (a) The special election, for the period from the filing of the

4-19  notice of intent to circulate the petition for recall [up to] through the

4-20  special election; or

4-21      (b) A district court determines that the petition for recall is

4-22  legally insufficient pursuant to subsection 5 of NRS 306.040, for the

4-23  period from the filing of the notice of intent to circulate the petition

4-24  for recall [up to] through the date of the district court’s decision.

4-25      [4.] 6. Reports of campaign contributions must be filed with

4-26  the officer with whom the candidate filed the declaration of

4-27  candidacy or acceptance of candidacy. A candidate may mail or

4-28  transmit the report to that officer by regular mail, certified mail [. If

4-29  certified mail is used, the date of mailing] , facsimile machine or

4-30  electronic means. A report shall be deemed [the date of filing.

4-31      5.] to be filed with the officer:

4-32      (a) On the date that it was mailed if it was sent by certified

4-33  mail; or

4-34      (b) On the date that it was received by the officer if the report

4-35  was sent by regular mail, transmitted by facsimile machine or

4-36  electronic means, or delivered personally.

4-37      7. Every county clerk who receives from candidates for

4-38  legislative or judicial office, except the office of justice of the peace

4-39  or municipal judge, reports of campaign contributions pursuant to

4-40  [subsection 4] this section shall file a copy of each report with the

4-41  Secretary of State within 10 working days after he receives the

4-42  report.

4-43      [6.] 8. The name and address of the contributor and the date on

4-44  which the contribution was received must be included on the [list]

5-1  report for each contribution in excess of $100 and contributions

5-2  which a contributor has made cumulatively in excess of that amount

5-3  since the beginning of the [first] current reporting period.

5-4  [7.  The form designed and provided by the Secretary of State

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

5-6  designed to be used by a candidate to record in the form of a list

5-7  each campaign contribution as he receives it.]

5-8  Sec. 4.5.  NRS 294A.125 is hereby amended to read as

5-9  follows:

5-10      294A.125  1.  In addition to complying with the requirements

5-11  set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate

5-12  who receives contributions in any year before the year in which the

5-13  general election or general city election in which the candidate

5-14  intends to seek election to public office is held, shall, for:

5-15      (a) The year in which he receives contributions in excess of

5-16  $10,000, list each of the contributions that he receives and the

5-17  expenditures in excess of $100 made in that year.

5-18      (b) Each year after the year in which he received contributions

5-19  in excess of $10,000, until the year of the general election or general

5-20  city election in which the candidate intends to seek election to

5-21  public office is held, list each of the contributions that he received

5-22  and the expenditures in excess of $100 made in that year.

5-23      2.  The reports required by subsection 1 must be submitted on

5-24  [forms] the form designed and provided by the Secretary of State

5-25  pursuant to [this section and NRS 294A.362.] section 1 of this act.

5-26  Each form must be signed by the candidate under penalty of perjury.

5-27      3.  The name and address of the contributor and the date on

5-28  which the contribution was received must be included on the list for

5-29  each contribution in excess of $100 and contributions that a

5-30  contributor has made cumulatively in excess of that amount.

5-31      4.  [The forms designed and provided by the Secretary of State

5-32  for the reporting of contributions and expenditures pursuant to this

5-33  section must be designed to be used by a candidate to record in the

5-34  form of a list each campaign contribution as he receives it and each

5-35  expenditure as it is made.

5-36      5.] The report must be filed:

5-37      (a) With the officer with whom the candidate will file the

5-38  declaration of candidacy or acceptance of candidacy for the public

5-39  office the candidate intends to seek. A candidate may mail or

5-40  transmit the report to that officer by regular mail, certified mail [. If

5-41  certified mail is used, the date of mailing] , facsimile machine or

5-42  electronic means. A report shall be deemed [the date of filing.] to

5-43  be filed with the officer:

5-44          (1) On the date it was mailed if it was sent by certified mail.

6-1       (2) On the date it was received by the officer if the report

6-2  was sent by regular mail, transmitted by facsimile machine or

6-3  electronic means, or delivered personally.

6-4  (b) On or before January 15 of the year immediately after the

6-5  year for which the report is made.

6-6  [6.] 5.  A county clerk who receives from a candidate for

6-7  legislative or judicial office, except the office of justice of the peace

6-8  or municipal judge, a report of contributions and expenditures

6-9  pursuant to subsection 5 shall file a copy of the report with the

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

6-11  report.

6-12      Sec. 5.  NRS 294A.140 is hereby amended to read as follows:

6-13      294A.140  1.  Every person who is not under the direction or

6-14  control of a candidate for office at a primary election, primary city

6-15  election, general election or general city election, of a group of

6-16  such candidates or of any person involved in the campaign of that

6-17  candidate or group who makes an expenditure on behalf of the

6-18  candidate or group which is not solicited or approved by

6-19  the candidate or group, and every committee for political action,

6-20  political party and committee sponsored by a political party which

6-21  makes an expenditure on behalf of such a candidate or group of

6-22  candidates shall, not later than January 15 of each year that the

6-23  provisions of this subsection apply to the person, committee or

6-24  political party, for the period from January 1 of the previous year

6-25  through December 31 of the previous year, report each campaign

6-26  contribution in excess of $100 he or it received during the period

6-27  and contributions received during the period from a contributor

6-28  which cumulatively exceed $100. The provisions of this subsection

6-29  apply to the person, committee or political party beginning the

6-30  year of the general election or general city election for that office

6-31  through the year immediately preceding the next general election

6-32  or general city election for that office.

6-33      2.  Every person, committee or political party described in

6-34  subsection 1 which makes an expenditure on behalf of the

6-35  candidate for office at a primary election, primary city election,

6-36  general election or general city election or on behalf of a group of

6-37  such candidates shall, if the general election or general city

6-38  election for the office for which the candidate or a candidate in

6-39  the group of candidates seeks election is held on or after

6-40  January 1 and before the July 1 immediately following that

6-41  January 1, not later than:

6-42      (a) Seven days before [a] the primary election or primary city

6-43  election[,] for that office, for the period from [30 days after the last

6-44  election for that office to] the January 1 immediately preceding the

7-1  primary election or primary city election through 12 days before

7-2  the primary election or primary city election;

7-3  (b) Seven days before [a] the general election or general city

7-4  election[, whether or not the candidate won the primary election or

7-5  primary city election,] for that office, for the period from [12] 11

7-6  days before the primary election or primary city election [to]

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

7-8  and

7-9  (c) [The 15th day of the second month after the general election

7-10  or general city election, for the remaining period up to 30 days after

7-11  the general election or general city election,

7-12  list each of the contributions] July 15 of the year of the general

7-13  election or general city election for that office, for the period from

7-14  11 days before the general election or general city election

7-15  through June 30 of that year,

7-16  report each campaign contribution in excess of $100 received

7-17  during the period and contributions received during the period

7-18  from a contributor which cumulatively exceed $100. The report

7-19  must be completed on the form designed and provided by the

7-20  Secretary of State [and shall sign the report] pursuant to section 1

7-21  of this act. The form must be signed by the person or a

7-22  representative of the committee or political party under penalty of

7-23  perjury.

7-24      [2.] 3. The name and address of the contributor and the date on

7-25  which the contribution was received must be included on the [list]

7-26  report for each contribution in excess of $100 and contributions

7-27  which a contributor has made cumulatively in excess of $100 since

7-28  the beginning of the [first] current reporting period. [The form

7-29  designed and provided by the Secretary of State for the reporting of

7-30  contributions pursuant to this section must be designed to be used

7-31  by the person, committee for political action, political party or

7-32  committee sponsored by a political party to record in the form of a

7-33  list each contribution as it is received.

7-34      3.  If the candidate is elected from one county, the reports must

7-35  be filed with the county clerk of that county. If the candidate is

7-36  elected from one city, the reports must be filed with the city clerk of

7-37  that city. For all other candidates, the]

7-38      4.  Every person, committee or political party described in

7-39  subsection 1 which makes an expenditure on behalf of a candidate

7-40  for office at a primary election, primary city election, general

7-41  election or general city election or on behalf of a group of such

7-42  candidates shall, if the general election or general city election for

7-43  the office for which the candidate or a candidate in the group of

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

8-2  January 1 immediately following that July 1, not later than:

8-3  (a) Seven days before the primary election or primary city

8-4  election for that office, for the period from the January 1

8-5  immediately preceding the primary election or primary city

8-6  election through 12 days before the primary election or primary

8-7  city election; and

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

8-9  election for that office, for the period from 11 days before the

8-10  primary election or primary city election through 12 days before

8-11  the general election or general city election,

8-12  report each campaign contribution in excess of $100 received

8-13  during the period and contributions received during the period

8-14  from a contributor which cumulatively exceed $100. The report

8-15  must be completed on the form designed and provided by the

8-16  Secretary of State pursuant to section 1 of this act. The form must

8-17  be signed by the person or a representative of the committee or

8-18  political party under penalty of perjury.

8-19      5.  Except as otherwise provided in subsection 6, every person,

8-20  committee or political party described in subsection 1 which makes

8-21  an expenditure on behalf of a candidate for office at a special

8-22  election or on behalf of a group of such candidates shall, not later

8-23  than:

8-24      (a) Seven days before the special election for the office for

8-25  which the candidate or a candidate in the group of candidates

8-26  seeks election, for the period from the nomination of the candidate

8-27  through 12 days before the special election; and

8-28      (b) Thirty days after the special election, for the remaining

8-29  period through the special election,

8-30  report each campaign contribution in excess of $100 received

8-31  during the period and contributions received during the period

8-32  from a contributor which cumulatively exceed $100. The report

8-33  must be completed on the form designed and provided by the

8-34  Secretary of State pursuant to section 1 of this act. The form must

8-35  be signed by the person or a representative of the committee or

8-36  political party under penalty of perjury.

8-37      6.  Every person, committee or political party described in

8-38  subsection 1 which makes an expenditure on behalf of a candidate

8-39  for office at a special election to determine whether a public

8-40  officer will be recalled or on behalf of a group of candidates for

8-41  offices at such special elections shall report each contribution in

8-42  excess of $100 received during the period and contributions

8-43  received during the period from a contributor which cumulatively

8-44  exceed $100. The report must be completed on the form designed

9-1  and provided by the Secretary of State pursuant to section 1 of this

9-2  act and signed by the person or a representative of the committee

9-3  or political party under penalty of perjury, 30 days after:

9-4  (a) The special election, for the period from the filing of the

9-5  notice of intent to circulate the petition for recall through the

9-6  special election; or

9-7  (b) If the special election is not held because a district court

9-8  determines that the petition for recall is legally insufficient

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

9-10  filing of the notice of intent to circulate the petition for recall

9-11  through the date of the district court’s decision.

9-12      7.  The reports of contributions required pursuant to this

9-13  section must be filed with :

9-14      (a) If the candidate is elected from one county, the county

9-15  clerk of that county;

9-16      (b) If the candidate is elected from one city, the city clerk of

9-17  that city; or

9-18      (c) If the candidate is elected from more than one county or

9-19  city, theSecretary of State.

9-20      8.  A person or entity may file the report with the appropriate

9-21  officer by regular mail, certified mail [. If certified mail is used, the

9-22  date of mailing] , facsimile machine or electronic means. A report

9-23  shall be deemed [the date of filing.

9-24      4.] to be filed with the officer:

9-25      (a) On the date that it was mailed if it was sent by certified

9-26  mail; or

9-27      (b) On the date that it was received by the officer if the report

9-28  was sent by regular mail, transmitted by facsimile machine or

9-29  electronic means, or delivered personally.

9-30      9. Each county clerk or city clerk who receives a report

9-31  pursuant to [subsection 3] this section shall file a copy of the report

9-32  with the Secretary of State within 10 working days after he receives

9-33  the report.

9-34      10.  Every person, committee or political party described in

9-35  subsection 1 shall file a report required by this section even if he

9-36  or it receives no contributions.

9-37      Sec. 6.  NRS 294A.150 is hereby amended to read as follows:

9-38      294A.150  1.  Every person or group of persons organized

9-39  formally or informally who advocates the passage or defeat of a

9-40  question or group of questions on the ballot at [any election

9-41  including any recall or special] a primary election , primary city

9-42  election, general election or general city election, shall, not later

9-43  than January 15 of each year that the provisions of this subsection

9-44  apply to the person or group of persons, for the period from

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

10-2  previous year, report each campaign contribution in excess of

10-3  $100 received during that period and contributions received

10-4  during the period from a contributor which cumulatively exceed

10-5  $100. The report must be completed on the form designed and

10-6  provided by the Secretary of State pursuant to section 1 of this act.

10-7  The form must be signed by the person or a representative of the

10-8  group under penalty of perjury. The provisions of this subsection

10-9  apply to the person or group of persons:

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

10-11  each question for which the person or group advocates passage or

10-12  defeat; and

10-13     (b) The year after each year described in paragraph (a).

10-14     2.  If a question is on the ballot at a primary election or

10-15  primary city election and the general election or general city

10-16  election immediately following that primary election or primary

10-17  city election is held on or after January 1 and before the July 1

10-18  immediately following that January 1, every person or group of

10-19  persons organized formally or informally who advocates the

10-20  passage or defeat of the question or a group of questions that

10-21  includes the question shall comply with the requirements of this

10-22  subsection. If a question is on the ballot at a general election or

10-23  general city election held on or after January 1 and before the

10-24  July 1 immediately following that January 1, every person or

10-25  group of persons organized formally or informally who advocates

10-26  the passage or defeat of the question or a group of questions that

10-27  includes the question shall comply with the requirements of this

10-28  subsection. A person or group of persons described in this

10-29  subsection shall, not later than:

10-30     (a) Seven days before [a] the primary election or primary city

10-31  election, for the period from [30 days after the last general election

10-32  to] the January 1 immediately preceding the primary election or

10-33  primary city election through 12 days before the primary election

10-34  or primary city election;

10-35     (b) Sevendays before [a] the general election or general city

10-36  election, for the period from [12] 11 days before the primary

10-37  election or primary city election [to] through 12 days before the

10-38  general election or general city election; and

10-39     (c) [The 15th day of the second month after the general election

10-40  or general city election, for the remaining period up to 30 days after

10-41  the general election or general city election,

10-42  list each of the contributions] July 15 of the year of the general

10-43  election or general city election, for the period from 11 days before

11-1  the general election or general city election through June 30 of

11-2  that year,

11-3  report each campaign contribution in excess of $100 received

11-4  during the period and contributions received during the period

11-5  from a contributor which cumulatively exceed $100. The report

11-6  must be completed on the form designed and provided by the

11-7  Secretary of State pursuant to section 1 of this act and signed by

11-8  the person or a representative of the group under penalty of perjury.

11-9      [2.] 3. The name and address of the [contribution] contributor

11-10  and the date on which the contribution was received must be

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

11-12  and contributions which a contributor has made cumulatively in

11-13  excess of that amount since the beginning of the [first reporting. The

11-14  form designed and provided by the Secretary of State for the

11-15  reporting of contributions pursuant to this section must be designed

11-16  to be used to record in the form of a list each contribution as it is

11-17  received.

11-18     3.  If the question is submitted to the voters of only one county,

11-19  the reports must be filed with the county clerk of that county. If the

11-20  question is submitted to the voters of only one city, the reports must

11-21  be filed with the city clerk of that city. Otherwise, the] current

11-22  reporting period.

11-23     4.  If a question is on the ballot at a primary election or

11-24  primary city election and the general election or general city

11-25  election immediately following that primary election or primary

11-26  city election is held on or after July 1 and before the January 1

11-27  immediately following that July 1, every person or group of

11-28  persons organized formally or informally who advocates the

11-29  passage or defeat of the question or a group of questions that

11-30  includes the question shall comply with the requirements of this

11-31  subsection. If a question is on the ballot at a general election or

11-32  general city election held on or after July 1 and before the

11-33  January 1 immediately following that July 1, every person or

11-34  group of persons organized formally or informally who advocates

11-35  the passage or defeat of the question or a group of questions that

11-36  includes the question shall comply with the requirements of this

11-37  subsection. A person or group of persons described in this

11-38  subsection shall, not later than:

11-39     (a) Seven days before the primary election or primary city

11-40  election, for the period from the January 1 immediately preceding

11-41  the primary election or primary city election through 12 days

11-42  before the primary election or primary city election; and

11-43     (b) Seven days before the general election or general city

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

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

12-2  or general city election,

12-3  report each campaign contribution in excess of $100 received

12-4  during the period and contributions received during the period

12-5  from a contributor which cumulatively exceed $100. The report

12-6  must be completed on the form designed and provided by the

12-7  Secretary of State pursuant to section 1 of this act. The form must

12-8  be signed by the person or a representative of the group under

12-9  penalty of perjury.

12-10     5.  Except as otherwise provided in subsection 6, every person

12-11  or group of persons organized formally or informally who

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

12-13  questions on the ballot at a special election shall, not later than:

12-14     (a) Seven days before the special election, for the period from

12-15  the date that the question qualified for the ballot through 12 days

12-16  before the special election; and

12-17     (b) Thirty days after the special election, for the remaining

12-18  period through the special election,

12-19  report each campaign contribution in excess of $100 received

12-20  during the period and contributions received during the period

12-21  from a contributor which cumulatively exceed $100. The report

12-22  must be completed on the form designed and provided by the

12-23  Secretary of State pursuant to section 1 of this act. The form must

12-24  be signed by the person or a representative of the group under

12-25  penalty of perjury.

12-26     6.  Every person or group of persons organized formally or

12-27  informally who advocates the passage or defeat of a question or

12-28  group of questions on the ballot at a special election to determine

12-29  whether a public officer will be recalled shall report each of the

12-30  contributions received on the form designed and provided by the

12-31  Secretary of State pursuant to section 1 of this act and signed by

12-32  the person or a representative of the group under penalty of

12-33  perjury, 30 days after:

12-34     (a) The special election, for the period from the filing of the

12-35  notice of intent to circulate the petition for recall through the

12-36  special election; or

12-37     (b) If the special election is not held because a district court

12-38  determines that the petition for recall is legally insufficient

12-39  pursuant to subsection 5 of NRS 306.040, for the period from the

12-40  filing of the notice of intent to circulate the petition for recall

12-41  through the date of the district court’s decision.

12-42     7.  The reports required pursuant to this section must be filed

12-43  with :

13-1      (a) If the question is submitted to the voters of one county, the

13-2  county clerk of that county;

13-3      (b) If the question is submitted to the voters of one city, the city

13-4  clerk of that city; or

13-5      (c) If the question is submitted to the voters of more than one

13-6  county or city, the Secretary of State.

13-7      8.  A person may mail or transmit his report to the appropriate

13-8  officer by regular mail, certified mail, facsimile machine or

13-9  electronic means. A report shall be deemed to be filed with the

13-10  officer:

13-11     (a) On the date that it was mailed if it was sent by certified

13-12  mail; or

13-13     (b) On the date that it was received by the officer if the report

13-14  was sent by regular mail, transmitted by facsimile machine or

13-15  electronic means, or delivered personally.

13-16     9.  If the person or group of persons is advocating passage or

13-17  defeat of a group of questions, the reports [must be made to the

13-18  officer appropriate for each question and] must be itemized by

13-19  question.

13-20     [4.] 10.  Each county clerk or city clerk who receives a report

13-21  pursuant to [subsection 3] this section shall file a copy of the report

13-22  with the Secretary of State within 10 working days after he receives

13-23  the report.

13-24     Sec. 7.  NRS 294A.160 is hereby amended to read as follows:

13-25     294A.160  1.  It is unlawful for a candidate to spend money

13-26  received as a campaign contribution for his personal use.

13-27     2.  Every candidate for a state, district, county, city or township

13-28  office at a primary, general, primary city, general city or special

13-29  election who is elected to that office and received contributions that

13-30  were not spent or committed for expenditure before the primary,

13-31  general, primary city, general city or special election shall:

13-32     (a) Return the unspent money to contributors;

13-33     (b) Use the money in his next election or for the payment of

13-34  other expenses related to public office or his campaign [;] ,

13-35  regardless of whether he is a candidate for a different office in his

13-36  next election;

13-37     (c) Contribute the money to:

13-38         (1) The campaigns of other candidates for public office or for

13-39  the payment of debts related to their campaigns;

13-40         (2) A political party;

13-41         (3) A person or group of persons advocating the passage or

13-42  defeat of a question or group of questions on the ballot; or

13-43         (4) Any combination of persons or groups set forth in

13-44  subparagraphs (1), (2) and (3);

14-1      (d) Donate the money to any tax-exempt nonprofit entity; or

14-2      (e) Dispose of the money in any combination of the methods

14-3  provided in paragraphs (a) to (d), inclusive.

14-4      3.  Every candidate for a state, district, county, city or township

14-5  office at a primary, general, primary city, general city or special

14-6  election who is not elected to that office and received contributions

14-7  that were not spent or committed for expenditure before the primary,

14-8  general, primary city, general city or special election shall, not later

14-9  than the 15th day of the second month after his defeat:

14-10     (a) Return the unspent money to contributors;

14-11     (b) Contribute the money to:

14-12         (1) The campaigns of other candidates for public office or for

14-13  the payment of debts related to their campaigns;

14-14         (2) A political party;

14-15         (3) A person or group of persons advocating the passage or

14-16  defeat of a question or group of questions on the ballot; or

14-17         (4) Any combination of persons or groups set forth in

14-18  subparagraphs (1), (2) and (3);

14-19     (c) Donate the money to any tax-exempt nonprofit entity; or

14-20     (d) Dispose of the money in any combination of the methods

14-21  provided in paragraphs (a), (b) and (c).

14-22     4.  Every candidate for a state, district, county, city or township

14-23  office who is defeated at a primary or primary city election and

14-24  received a contribution from a person in excess of $5,000 shall, not

14-25  later than the 15th day of the second month after his defeat, return

14-26  any money in excess of $5,000 to the contributor.

14-27     5.  Every public officer who:

14-28     (a) Holds a state, district, county, city or township office;

14-29     (b) Does not run for reelection and is not a candidate for any

14-30  other office; and

14-31     (c) Has contributions that are not spent or committed for

14-32  expenditure remaining from a previous election,

14-33  shall, not later than the 15th day of the second month after the

14-34  expiration of his term of office, dispose of those contributions in the

14-35  manner provided in subsection 3.

14-36     6.  In addition to the methods for disposing the unspent money

14-37  set forth in subsections 2, 3 and 4, a Legislator may donate not more

14-38  than $500 of that money to the Nevada Silver Haired Legislative

14-39  Forum created pursuant to NRS 427A.320.

14-40     7.  Any contributions received before a candidate for a state,

14-41  district, county, city or township office at a primary, general,

14-42  primary city, general city or special election dies that were not

14-43  spent or committed for expenditure before the death of the

15-1  candidate must be disposed of in the manner provided in

15-2  subsection 3.

15-3      8.  The court shall, in addition to any penalty which may be

15-4  imposed pursuant to NRS 294A.420, order the candidate or public

15-5  officer to dispose of any remaining contributions in the manner

15-6  provided in this section.

15-7      [8.] 9.  As used in this section, “contributions” include any

15-8  interest and other income earned thereon.

15-9      Sec. 8.  NRS 294A.200 is hereby amended to read as follows:

15-10     294A.200  1.  Every candidate for state, district, county or

15-11  township office at a primary or general election shall, not later than

15-12  January 15 of each year, for the period from January 1 of the

15-13  previous year through December 31 of the previous year, report

15-14  each of the campaign expenses in excess of $100 that he incurs

15-15  and each amount in excess of $100 that he disposes of pursuant to

15-16  NRS 294A.160 during the period on the form designed and

15-17  provided by the Secretary of State pursuant to section 1 of this act.

15-18  The form must be signed by the candidate under penalty of

15-19  perjury. The provisions of this subsection apply to the candidate:

15-20     (a) Beginning the year of the general election for that office

15-21  through the year immediately preceding the next general election

15-22  for that office; and

15-23     (b) Each year immediately succeeding a calendar year during

15-24  which the candidate disposes of contributions pursuant to

15-25  NRS 294A.160.

15-26     2.  Every candidate for state, district, county or township

15-27  office at a primary or general election shall, if the general election

15-28  for the office for which he is a candidate is held on or after

15-29  January 1 and before the July 1 immediately following that

15-30  January 1, not later than:

15-31     (a) Seven days before the primary election[,] for that office, for

15-32  the period from [30 days before the regular session of the

15-33  Legislature after the last election for that office up to] the January 1

15-34  immediately preceding the primary election through 12 days

15-35  before the primary election;

15-36     (b) Seven days before the general election[, whether or not the

15-37  candidate won the primary election,] for that office, for the period

15-38  from [12] 11 days before the primary election [up to] through 12

15-39  days before the general election; and

15-40     (c) [The 15th day of the second month after the general election,

15-41  for the remaining period up to 30 days before the next regular

15-42  session of the Legislature,

16-1  list] July 15 of the year of the general election for that office, for

16-2  the period from 11 days before the general election through

16-3  June 30 of that year,

16-4  report each of the campaign expenses in excess of $100 that he

16-5  incurs during the period on [forms] the form designed and provided

16-6  by the Secretary of State pursuant to section 1 of this [section and

16-7  NRS 294A.362.] act. Each form must be signed by the candidate

16-8  under penalty of perjury.

16-9      [2.] 3.  Every candidate for state, district, county or township

16-10  office at a primary or general election shall, if the general election

16-11  for the office for which he is a candidate is held on or after July 1

16-12  and before the January 1 immediately following that July 1, not

16-13  later than:

16-14     (a) Seven days before the primary election for that office, for

16-15  the period from the January 1 immediately preceding the primary

16-16  election through 12 days before the primary election; and

16-17     (b) Seven days before the general election for that office, for

16-18  the period from 11 days before the primary election through 12

16-19  days before the general election,

16-20  report each of the campaign expenses in excess of $100 that he

16-21  incurs during the period on the form designed and provided by the

16-22  Secretary of State pursuant to section 1 of this act. The form must

16-23  be signed by the candidate under penalty of perjury.

16-24     4. Except as otherwise provided in subsection [3,] 5, every

16-25  candidate for a district office at a special election shall, not later

16-26  than:

16-27     (a) Seven days before the special election, for the period from

16-28  his nomination [up to] through 12 days before the special election;

16-29  and

16-30     (b) [Sixty] Thirty days after the special election, for the

16-31  remaining period [up to 30 days after] through the special

16-32  election,

16-33  [list] report each of the campaign expenses in excess of $100 that he

16-34  incurs during the period on [forms] the form designed and provided

16-35  by the Secretary of State pursuant to section 1 of this [section and

16-36  NRS 294A.362.] act. Each form must be signed by the candidate

16-37  under penalty of perjury.

16-38     [3.] 5. Every candidate for state, district, county, municipal or

16-39  township office at a special election to determine whether a public

16-40  officer will be recalled shall [list] report each of the campaign

16-41  expenses in excess of $100 that he incurs on [forms] the form

16-42  designed and provided by the Secretary of State pursuant to section

16-43  1 of this [section and NRS 294A.362] act and signed by the

16-44  candidate under penalty of perjury, [60] 30 days after:

17-1      (a) The special election, for the period from the filing of the

17-2  notice of intent to circulate the petition for recall [up to 30 days

17-3  after] through the special election; or

17-4      (b) [A] If the special election is not held because a district

17-5  court determines that the petition for recall is legally insufficient

17-6  pursuant to subsection 5 of NRS 306.040, for the period from the

17-7  filing of the notice of intent to circulate the petition for recall [up to]

17-8  through the date of the district court’s decision.

17-9      [4.] 6. Reports of campaign expenses must be filed with the

17-10  officer with whom the candidate filed the declaration of candidacy

17-11  or acceptance of candidacy. A candidate may mail or transmit the

17-12  report to that officer by regular mail, certified mail [. If certified

17-13  mail is used, the date of mailing] , facsimile machine or electronic

17-14  means. A report shall be deemed [the date of filing.

17-15     5.] to be filed with the officer:

17-16     (a) On the date that it was mailed if it was sent by certified

17-17  mail; or

17-18     (b) On the date that it was received by the officer if the report

17-19  was sent by regular mail, transmitted by facsimile machine or

17-20  electronic means, or delivered personally.

17-21     7.  County clerks who receive from candidates for legislative or

17-22  judicial office, except the office of justice of the peace or municipal

17-23  judge, reports of campaign expenses pursuant to [subsection 4] this

17-24  section shall file a copy of each report with the Secretary of State

17-25  within 10 working days after he receives the report.

17-26     [6.  The forms designed and provided by the Secretary of State

17-27  for the reporting of campaign expenses pursuant to this section must

17-28  be designed to be used by a candidate to record in the form of a list

17-29  each campaign expense as he incurs it.]

17-30     Sec. 9.  NRS 294A.210 is hereby amended to read as follows:

17-31     294A.210  1.  Every person who is not under the direction or

17-32  control of a candidate for an office at a primary election, primary

17-33  city election, general election or general city election, of a group of

17-34  such candidates or of any person involved in the campaign of that

17-35  candidate or group who makes an expenditure on behalf of the

17-36  candidate or group which is not solicited or approved by

17-37  the candidate or group, and every committee for political action,

17-38  political party or committee sponsored by a political party which

17-39  makes an expenditure on behalf of such a candidate or group of

17-40  candidates shall, not later than January 15 of each year that the

17-41  provisions of this subsection apply to the person, committee or

17-42  political party, for the period from January 1 of the previous year

17-43  through December 31 of the previous year, report each

17-44  expenditure made during the period on behalf of the candidate,

18-1  the group of candidates or a candidate in the group of candidates

18-2  in excess of $100 on the form designed and provided by the

18-3  Secretary of State pursuant to section 1 of this act. The form must

18-4  be signed by the person or a representative of the committee or

18-5  political party under penalty of perjury. The provisions of this

18-6  subsection apply to the person, committee or political party

18-7  beginning the year of the general election or general city election

18-8  for that office through the year immediately preceding the next

18-9  general election or general city election for that office.

18-10     2.  Every person, committee or political party described in

18-11  subsection 1 which makes an expenditure on behalf of a candidate

18-12  for office at a primary election, primary city election, general

18-13  election or general city election or a group of such candidates

18-14  shall, if the general election or general city election for the office

18-15  for which the candidate or a candidate in the group of candidates

18-16  seeks election is held on or after January 1 and before the July 1

18-17  immediately following that January 1, not later than:

18-18     (a) Sevendays before [a] the primary election or primary city

18-19  election[,] for that office, for the period from [30 days after the last

18-20  election for that office to] the January 1 immediately preceding the

18-21  primary election or primary city election through 12 days before

18-22  the primary election or primary city election;

18-23     (b) Seven days before [a] the general election or general city

18-24  election[, whether or not the candidate won the primary election or

18-25  primary city election,] for that office, for the period from [12] 11

18-26  days before the primary election or primary city election [to]

18-27  through 12 days before the general election or general city election;

18-28  and

18-29     (c) [The 15th day of the second month after a general election or

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

18-31  general election or general city election,

18-32  list] July 15 of the year of the general election or general city

18-33  election for that office, for the period from 11 days before the

18-34  general election or general city election through the June 30 of

18-35  that year,

18-36  report each expenditure made during the period on behalf of [a

18-37  candidate or] the candidate, the group of candidates or a candidate

18-38  in the group of candidates in excess of $100 on [forms] the form

18-39  designed and provided by the Secretary of State [and] pursuant to

18-40  section 1 of this act. The form must be signed by the person or a

18-41  representative of the [group] committee or political party under

18-42  penalty of perjury. [The report must also include identification of

18-43  expenditures which the person or group made cumulatively in

18-44  excess of $100 since the beginning of the first reporting period.

19-1      2.] 3.  Every person, committee or political party described in

19-2  subsection 1 which makes an expenditure on behalf of a candidate

19-3  for office at a primary election, primary city election, general

19-4  election or general city election or on behalf of a group of such

19-5  candidates shall, if the general election or general city election for

19-6  the office for which the candidate or a candidate in the group of

19-7  candidates seeks election is held on or after July 1 and before the

19-8  January 1 immediately following that July 1, not later than:

19-9      (a) Seven days before the primary election or primary city

19-10  election for that office, for the period from the January 1

19-11  immediately preceding the primary election or primary city

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

19-13  city election; and

19-14     (b) Seven days before the general election or general city

19-15  election for that office, for the period from 11 days before the

19-16  primary election or primary city election through 12 days before

19-17  the general election or general city election,

19-18  report each expenditure made during the period on behalf of the

19-19  candidate, the group of candidates or a candidate in the group of

19-20  candidates in excess of $100 on the form designed and provided by

19-21  the Secretary of State pursuant to section 1 of this act. The form

19-22  must be signed by the person or a representative of the committee

19-23  or political party under penalty of perjury.

19-24     4.  Except as otherwise provided in subsection 5, every person,

19-25  committee or political party described in subsection 1 which makes

19-26  an expenditure on behalf of a candidate for office at a special

19-27  election or on behalf of a group of such candidates shall, not later

19-28  than:

19-29     (a) Seven days before the special election for the office for

19-30  which the candidate or a candidate in the group of candidates

19-31  seeks election, for the period from the nomination of the candidate

19-32  through 12 days before the special election; and

19-33     (b) Thirty days after the special election, for the remaining

19-34  period through the special election,

19-35  report each expenditure made during the period on behalf of the

19-36  candidate, the group of candidates or a candidate in the group of

19-37  candidates in excess of $100 on the form designed and provided by

19-38  the Secretary of State pursuant to section 1 of this act. The form

19-39  must be signed by the person or a representative of the committee

19-40  or political party under penalty of perjury.

19-41     5.  Every person, committee or political party described in

19-42  subsection 1 which makes an expenditure on behalf of a candidate

19-43  for office at a special election to determine whether a public

19-44  officer will be recalled or on behalf of a group of such candidates

20-1  shall list each expenditure made on behalf of the candidate, the

20-2  group of candidates or a candidate in the group of candidates in

20-3  excess of $100 on the form designed and provided by the Secretary

20-4  of State pursuant to section 1 of this act and signed by the person

20-5  or a representative of the committee or political party under

20-6  penalty of perjury, 30 days after:

20-7      (a) The special election, for the period from the filing of the

20-8  notice of intent to circulate the petition for recall through the

20-9  special election; or

20-10     (b) If the special election is not held because a district court

20-11  determines that the petition for recall is legally insufficient

20-12  pursuant to subsection 5 of NRS 306.040, for the period from the

20-13  filing of the notice of intent to circulate the petition for recall

20-14  through the date of the district court’s decision.

20-15     6. Expenditures made within the State or made elsewhere but

20-16  for use within the State, including expenditures made outside the

20-17  State for printing, television and radio broadcasting or other

20-18  production of the media, must be included in the report.

20-19     [3.  If the candidate is elected from one county, the reports must

20-20  be filed with the county clerk of that county. If the candidate is

20-21  elected from one city, the reports must be filed with the city clerk of

20-22  that city. Otherwise, the]

20-23     7.  The reports must be filed with :

20-24     (a) If the candidate is elected from one county, the county

20-25  clerk of that county;

20-26     (b) If the candidate is elected from one city, the city clerk of

20-27  that city; or

20-28     (c) If the candidate is elected from more than one county or

20-29  city, the Secretary of State.

20-30     8.  If an expenditure is made on behalf of a group of candidates,

20-31  the reports must be [made to the officer appropriate for each

20-32  candidate and] itemized by the candidate. A person may [make]

20-33  mail or transmit his report to the appropriate officer by regular

20-34  mail, certified mail [. If certified mail is used, the date of mailing] ,

20-35  facsimile machine or electronic means. A report shall be deemed

20-36  [the date of filing.

20-37     4.] to be filed with the officer:

20-38     (a) On the date that it was mailed if it was sent by certified

20-39  mail; or

20-40     (b) On the date that it was received by the officer if the report

20-41  was sent by regular mail, transmitted by facsimile machine or

20-42  electronic means, or delivered personally.

20-43     9.  Each county clerk or city clerk who receives a report

20-44  pursuant to [subsection 3]this section shall file a copy of the report

21-1  with the Secretary of State within 10 working days after he receives

21-2  the report.

21-3      [5.  The forms designed and provided by the Secretary of State

21-4  for the reporting of expenditures pursuant to this section must be

21-5  designed to be used by the person or representative of the group to

21-6  record in the form of a list each expenditure as it is made.]

21-7      10.  Every person, committee or political party described in

21-8  subsection 1 shall file a report required by this section even if he

21-9  or it receives no contributions.

21-10     Sec. 10.  NRS 294A.220 is hereby amended to read as follows:

21-11     294A.220  1.  Every person or group of persons organized

21-12  formally or informally who advocates the passage or defeat of a

21-13  question or group of questions on the ballot at [any election

21-14  including any recall or special] a primary election , primary city

21-15  election, general election or general city election, shall, not later

21-16  than January 15 of each year that the provisions of this subsection

21-17  apply to the person or group of persons, for the period from

21-18  January 1 of the previous year through December 31 of the

21-19  previous year, report each expenditure made during the period on

21-20  behalf of or against the question, the group of questions or a

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

21-22  on the form designed and provided by the Secretary of State

21-23  pursuant to section 1 of this act. The form must be signed by the

21-24  person or a representative of the group under penalty of perjury.

21-25  The provisions of this subsection apply to the person or group of

21-26  persons:

21-27     (a) Each year in which an election or city election is held for a

21-28  question for which the person or group advocates passage or

21-29  defeat; and

21-30     (b) The year after each year described in paragraph (a).

21-31     2.  If a question is on the ballot at a primary election or

21-32  primary city election and the general election or general city

21-33  election immediately following that primary election or primary

21-34  city election is held on or after January 1 and before the July 1

21-35  immediately following that January 1, every person or group of

21-36  persons organized formally or informally who advocates the

21-37  passage or defeat of the question or a group of questions that

21-38  includes the question shall comply with the requirements of this

21-39  subsection. If a question is on the ballot at a general election or

21-40  general city election held on or after January 1 and before the

21-41  July 1 immediately following that January 1, every person or

21-42  group of persons organized formally or informally who advocates

21-43  the passage or defeat of the question or a group of questions that

21-44  includes the question shall comply with the requirements of this

22-1  subsection. A person or group of persons described in this

22-2  subsection shall, not later than:

22-3      (a) Seven days before [a] the primary election or primary city

22-4  election, for the period from [30 days after the last general election

22-5  to] the January 1 immediately preceding the primary election or

22-6  primary city election through 12 days before the primary election

22-7  or primary city election;

22-8      (b) Seven days before [a] the general election or general city

22-9  election, for the period from [12] 11 days before the primary

22-10  election or primary city election [to] through 12days before the

22-11  general election or general city election; and

22-12     (c) [The 15th day of the second month after the general election

22-13  or general city election, for the remaining period up to 30 days after

22-14  the general election or general city election, list] July 15 of the year

22-15  of the general election or general city election, for the period from

22-16  11 days before the general election or general city election

22-17  through the June 30 immediately preceding that July 15,

22-18  report each expenditure made during the period on behalf of or

22-19  against [a question or] the question, the group of questions or a

22-20  question in the group of questions on the ballot in excess of $100

22-21  on the form designed and provided by the Secretary of State

22-22  pursuant to section 1 of this act and signed by the person or a

22-23  representative of the group under penalty of perjury. [The report

22-24  must also include the identification of expenditures which the

22-25  person or group made cumulatively in excess of $100 since the

22-26  beginning of the first reporting period.

22-27     2.] 3. If a question is on the ballot at a primary election or

22-28  primary city election and the general election or general city

22-29  election immediately following that primary election or primary

22-30  city election is held on or after July 1 and before the January 1

22-31  immediately following that July 1, every person or group of

22-32  persons organized formally or informally who advocates the

22-33  passage or defeat of the question or a group of questions that

22-34  includes the question shall comply with the requirements of this

22-35  subsection. If a question is on the ballot at a general election or

22-36  general city election held on or after July 1 and before the

22-37  January 1 immediately following that July 1, every person or

22-38  group of persons organized formally or informally who advocates

22-39  the passage or defeat of the question or a group of questions that

22-40  includes the question shall comply with the requirements of this

22-41  subsection. A person or group of persons described in this

22-42  subsection shall, not later than:

22-43     (a) Seven days before the primary election or primary city

22-44  election, for the period from the January 1 immediately preceding

23-1  the primary election or primary city election through 12 days

23-2  before the primary election or primary city election; and

23-3      (b) Seven days before the general election or general city

23-4  election, for the period from 11 days before the primary election or

23-5  primary city election through 12 days before the general election

23-6  or general city election,

23-7  report each expenditure made during the period on behalf of or

23-8  against the question, the group of questions or a question in the

23-9  group of questions on the ballot in excess of $100 on the form

23-10  designed and provided by the Secretary of State pursuant to

23-11  section 1 of this act. The form must be signed by the person or a

23-12  representative of the group under penalty of perjury.

23-13     4.  Except as otherwise provided in subsection 5, every person

23-14  or group of persons organized formally or informally who

23-15  advocates the passage or defeat of a question or group of

23-16  questions on the ballot at a special election shall, not later than:

23-17     (a) Seven days before the special election, for the period from

23-18  the date the question qualified for the ballot through 12 days

23-19  before the special election; and

23-20     (b) Thirty days after the special election, for the remaining

23-21  period through the special election,

23-22  report each expenditure made during the period on behalf of or

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

23-24  group of questions on the ballot in excess of $100 on the form

23-25  designed and provided by the Secretary of State pursuant to

23-26  section 1 of this act. The form must be signed by the person or a

23-27  representative of the group under penalty of perjury.

23-28     5.  Every person or group of persons organized formally or

23-29  informally who advocates the passage or defeat of a question or

23-30  group of questions on the ballot at a special election to determine

23-31  whether a public officer will be recalled shall list each expenditure

23-32  made during the period on behalf of or against the question, the

23-33  group of questions or a question in the group of questions on

23-34  the ballot in excess of $100 on the form designed and provided by

23-35  the Secretary of State pursuant to section 1 of this act and signed

23-36  by the person or a representative of the group under penalty of

23-37  perjury, 30 days after:

23-38     (a) The special election, for the period from the filing of the

23-39  notice of intent to circulate the petition for recall through the

23-40  special election; or

23-41     (b) If the special election is not held because a district court

23-42  determines that the petition for recall is legally insufficient

23-43  pursuant to subsection 5 of NRS 306.040, for the period from the

24-1  filing of the notice of intent to circulate the petition for recall

24-2  through the date of the district court’s decision.

24-3      6.  Expenditures made within the State or made elsewhere but

24-4  for use within the State, including expenditures made outside the

24-5  State for printing, television and radio broadcasting or other

24-6  production of the media, must be included in the report.

24-7      [3.  If the question is submitted to the voters of only one county,

24-8  the reports must be filed with the county clerk of that county. If the

24-9  question is submitted to the voters of only one city, the reports must

24-10  be filed with the city clerk of that city. Otherwise, the]

24-11     7.  The reports required pursuant to this section must be filed

24-12  with :

24-13     (a) If the question is submitted to the voters of one county, the

24-14  county clerk of that county;

24-15     (b) If the question is submitted to the voters of one city, the city

24-16  clerk of that city; or

24-17     (c) If the question is submitted to the voters of more than one

24-18  county or city, the Secretary of State.

24-19     8.  If an expenditure is made on behalf of a group of questions,

24-20  the reports [must be made to the officer appropriate for each

24-21  question and] must be itemized by question. A person may [make]

24-22  mail or transmit his report to the appropriate filing officer by

24-23  regular mail, certified mail [. If certified mail is used, the date of

24-24  mailing] , facsimile machine or electronic means. A report shall be

24-25  deemed [the date of filing.

24-26     4.] to be filed with the filing officer:

24-27     (a) On the date that it was mailed if it was sent by certified

24-28  mail; or

24-29     (b) On the date that it was received by the filing officer if the

24-30  report was sent by regular mail, transmitted by facsimile machine

24-31  or electronic means, or delivered personally.

24-32     9.  Each county clerk or city clerk who receives a report

24-33  pursuant to [subsection 3] this section shall file a copy of the report

24-34  with the Secretary of State within 10 working days after he receives

24-35  the report.

24-36     [5.  The form designed and provided by the Secretary of State

24-37  for the reporting of expenditure pursuant to this section must be

24-38  designed to be used by the person or representative of the group to

24-39  record in the form of a list each expenditure as it is made.]

24-40     Sec. 11.  NRS 294A.270 is hereby amended to read as follows:

24-41     294A.270  1.  Except as otherwise provided in subsection 3,

24-42  each committee for the recall of a public officer shall, not later than:

24-43     (a) Seven days before the special election to recall a public

24-44  officer, for the period from the filing of the notice of intent to

25-1  circulate the petition for recall [up to] through 12 days before the

25-2  special election; and

25-3      (b) Thirty days after the election, for the remaining period [up

25-4  to] through the election,

25-5  [list] report each contribution received or made by the committee in

25-6  excess of $100 on [a] the form designed and provided by the

25-7  Secretary of State [and] pursuant to section 1 of this act. The form

25-8  must be signed by a representative of the committee under penalty

25-9  of perjury.

25-10     2.  If a petition for the purpose of recalling a public officer is

25-11  not filed before the expiration of the notice of intent, the committee

25-12  for the recall of a public officer shall, not later than 30 days after the

25-13  expiration of the notice of intent, [list] report each contribution

25-14  received [or] by the committee, and each contribution made by the

25-15  committee in excess of $100.

25-16     3.  If a court does not order a special election for the recall of

25-17  the public officer, the committee for the recall of a public officer

25-18  shall, not later than 30 days after the court determines that an

25-19  election will not be held, for the period from the filing of the notice

25-20  of intent to circulate the petition for recall [up to] through the day

25-21  the court determines that an election will not be held, [list] report

25-22  each contribution received [or] by the committee, and each

25-23  contribution made by the committee in excess of $100.

25-24     4.  Each report of contributions must be filed with the Secretary

25-25  of State. The committee may mail or transmit the report by regular

25-26  mail, certified mail [. If certified mail is used, the date of mailing] ,

25-27  facsimile machine or electronic means. A report shall be deemed

25-28  [the date of filing.] to be filed with the Secretary of State:

25-29     (a) On the date that it was mailed if it was sent by certified

25-30  mail; or

25-31     (b) On the date that it was received by the Secretary of State if

25-32  the report was sent by regular mail, transmitted by facsimile

25-33  machine or electronic means, or delivered personally.

25-34     5.  The name and address of the contributor and the date on

25-35  which the contribution was received must be included on the [list]

25-36  report for each contribution, whether from or to a natural person,

25-37  association or corporation, in excess of $100 and contributions

25-38  which a contributor or the committee has made cumulatively in

25-39  excess of that amount since the beginning of the [first] current

25-40  reporting period. [The form designed and provided by the Secretary

25-41  of State for the reporting of contributions pursuant to this section

25-42  must be designed to be used by the committee to record in the form

25-43  of a list each contribution as it is received or made.]

 

26-1      Sec. 12.  NRS 294A.280 is hereby amended to read as follows:

26-2      294A.280  1.  Except as otherwise provided in subsection 3,

26-3  each committee for the recall of a public officer shall, not later than:

26-4      (a) Seven days before the special election to recall a public

26-5  officer, for the period from the filing of the notice of intent to

26-6  circulate the petition for recall [up to] through 12 days before the

26-7  special election; and

26-8      (b) Thirty days after the election, for the remaining period [up

26-9  to] through the election,

26-10  [list] report each expenditure made by the committee in excess of

26-11  $100 on [a] the form designed and provided by the Secretary of

26-12  State [and] pursuant to section 1 of this act. The form must be

26-13  signed by a representative of the committee under penalty of

26-14  perjury.

26-15     2.  If a petition for the purpose of recalling a public officer is

26-16  not filed before the expiration of the notice of intent, the committee

26-17  for the recall of a public officer shall, not later than 30 days after the

26-18  expiration of the notice of intent, [list] report each expenditure made

26-19  by the committee in excess of $100.

26-20     3.  If a court does not order a special election for the recall of

26-21  the public officer, the committee for the recall of a public officer

26-22  shall, not later than 30 days after the court determines that an

26-23  election will not be held, for the period from the filing of the notice

26-24  of intent to circulate the petition for recall [up to] through the day

26-25  the court determines that an election will not be held, [list] report

26-26  each expenditure made by the committee in excess of $100.

26-27     4.  [The report must also include identification of expenditures

26-28  which the committee for the recall of a public officer made

26-29  cumulatively in excess of $100 since the beginning of the first

26-30  reporting period.

26-31     5.] Each report of expenditures must be filed with the Secretary

26-32  of State. The committee may mail or transmit the report to the

26-33  Secretary of State by regular mail, certified mail [. If certified mail

26-34  is used, the date of mailing] , facsimile machine or electronic

26-35  means. A report shall be deemed [the date of filing.

26-36     6.  The form designed and provided by the Secretary of State

26-37  for the reporting of expenditures pursuant to this section must be

26-38  designed to be used by a committee to record in the form of a list

26-39  each expenditure as it is made.] to be filed with the Secretary of

26-40  State:

26-41     (a) On the date that it was mailed if it was sent by certified

26-42  mail; or

27-1      (b) On the date that it was received by the Secretary of State if

27-2  the report was sent by regular mail, transmitted by facsimile

27-3  machine or electronic means, or delivered personally.

27-4      Sec. 13.  NRS 294A.360 is hereby amended to read as follows:

27-5      294A.360  1.  Every candidate for city office [where the] at a

27-6  primary city election or general city election [is preceded by a

27-7  primary city election] shall file the reports in the manner required by

27-8  NRS 294A.120[, 294A.200 and 294A.350] and 294A.200 for other

27-9  offices not later than January 15 of each year, for the period from

27-10  January 1 of the previous year through December 31 of the

27-11  previous year. The provisions of this subsection apply to the

27-12  candidate:

27-13     (a) Beginning the year of the general city election for that

27-14  office through the year immediately preceding the next general

27-15  city election for that office; and

27-16     (b) Each year immediately succeeding a calendar year during

27-17  which the candidate disposes of contributions pursuant to

27-18  NRS 294A.160.

27-19     2.  Every candidate for city office at a primary city election or

27-20  general city election, if the general city election for the office for

27-21  which he is a candidate is held on or after January 1 and before

27-22  the July 1 immediately following that January 1, shall file the

27-23  reports in the manner required by NRS 294A.120 and 294A.200

27-24  for other offices not later

27-25  than:

27-26     (a) Seven days before the primary city election[,] for that

27-27  office, for the period from [30 days after the last election for that

27-28  office up to] the January 1 immediately preceding the primary city

27-29  election through 12 days before the primary city election;

27-30     (b) Seven days before the general city election[, whether or not

27-31  the candidate won the primary city election,] for that office, for the

27-32  period from [12] 11 days before the primary city election [up to]

27-33  through 12 days before the general city election; and

27-34     (c) [The 15th day of the second month after the general city

27-35  election, for the remaining period up to 30 days after the general city

27-36  election.

27-37     2.  Every] July 15 of the year of the general city election for

27-38  that office, for the period from 11 days before the general city

27-39  election through the June 30 of that year.

27-40     3.  Every candidate for city office at a primary city election or

27-41  general city election, if the general city election for the office for

27-42  which he is a candidate is held on or after July 1 and before the

27-43  January 1 immediately following that July 1, shall file the reports

28-1  in the manner required by NRS 294A.120 and 294A.200 for other

28-2  offices not later than:

28-3      (a) Seven days before the primary city election for that office,

28-4  for the period from the January 1 immediately preceding the

28-5  primary city election through 12 days before the primary city

28-6  election; and

28-7      (b) Seven days before the general city election for that office,

28-8  for the period from 11 days before the primary city election

28-9  through 12 days before the general city election.

28-10     4.  Except as otherwise provided in subsection 5, every

28-11  candidate for city office [where there is no primary city] at a special

28-12  election shall so file those reports:

28-13     (a) Seven days before the [general city] special election, for the

28-14  period from [30 days after the last election for that office up to] his

28-15  nomination through 12 days before the [general city] special

28-16  election; and

28-17     (b) [The 15th day of the second month] Thirty days after the

28-18  [general city] special election, for the remaining period [up to 30

28-19  days after the general city election.

28-20     3.  The city clerk shall design the form for each report a

28-21  candidate for city office is required to file pursuant to NRS

28-22  294A.120 and 294A.200. The form designed and provided by the

28-23  city clerk for the reporting of campaign contributions and campaign

28-24  expenses pursuant to this section must be designed to be used to

28-25  record in the form of a list each campaign contribution as it is made

28-26  and each campaign expense in excess of $100 as it is incurred.

28-27  The city clerk shall submit the form to the Secretary of State for

28-28  approval. The city clerk shall not use such a form until it is

28-29  approved.] through the special election.

28-30     5.  Every candidate for city office at a special election to

28-31  determine whether a public officer will be recalled shall so file

28-32  those reports 30 days after:

28-33     (a) The special election, for the period from the filing of the

28-34  notice of intent to circulate the petition for recall through the

28-35  special election; or

28-36     (b) If the special election is not held because a district court

28-37  determines that the petition for recall is legally insufficient

28-38  pursuant to subsection 5 of NRS 306.040, for the period from the

28-39  filing of the notice of intent to circulate the petition for recall

28-40  through the date of the district court’s decision.

28-41     Sec. 14.  NRS 294A.362 is hereby amended to read as follows:

28-42     294A.362 1.  In addition to [filing the forms designed and

28-43  provided by the Secretary of State] reporting information pursuant

28-44  to NRS 294A.120, 294A.125 [and 294A.200, or the forms designed

29-1  and provided by a city clerk pursuant to NRS 294A.360, as

29-2  appropriate,] , 294A.200 and 294A.360, each candidate who is

29-3  required to file a report of campaign contributions and expenses

29-4  pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 shall

29-5  [file a separate form relating only to] report on the form designed

29-6  and provided by the Secretary of State pursuant to section 1 of this

29-7  act goods and services provided in kind for which money would

29-8  otherwise have been paid. The candidate shall list on the form each

29-9  such campaign contribution in excess of $100 that he receives

29-10  during the reporting period, each such campaign contribution

29-11  from a contributor received during the reporting period which

29-12  cumulatively exceeds $100, and each such expense in excess of

29-13  $100 he incurs during the reporting period.

29-14     2.  [The Secretary of State shall design the form described in

29-15  subsection 1 for each candidate who is required to use the form to

29-16  file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.

29-17  The city clerk shall design the form described in subsection 1 for

29-18  each candidate who is required to use the form to file a report

29-19  pursuant to NRS 294A.360. The city clerk shall submit the form to

29-20  the Secretary of State for approval. The city clerk shall not use such

29-21  a form until it is approved. The Secretary of State and each city

29-22  clerk shall design the format of the form described in subsection 1

29-23  so that a candidate who uses the form may record in the form a list

29-24  of each such campaign contribution as the contribution is received

29-25  and expense in excess of $100 as it is incurred.

29-26     3.] The Secretary of State and each city clerk shall not require a

29-27  candidate to list the campaign contributions and expenses described

29-28  in this section on any form other than [a form designed and provided

29-29  pursuant to this section.

29-30     4.  Upon request, the Secretary of State shall provide a copy of

29-31  the form described in subsection 1 to each candidate who is required

29-32  to file a report of his campaign contributions and expenses pursuant

29-33  to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city

29-34  clerk shall provide a copy of the form described in subsection 1 to

29-35  each candidate who is required to file a report of his campaign

29-36  contributions and expenses pursuant to NRS 294A.360.] the form

29-37  designed and provided by the Secretary of State pursuant to

29-38  section 1 of this act.

29-39     Sec. 15.  NRS 294A.365 is hereby amended to read as follows:

29-40     294A.365  1.  Each report of expenditures required pursuant to

29-41  NRS 294A.210, 294A.220 and 294A.280 must consist of a list of

29-42  [the expenditures] each expenditure in excess of $100 that was

29-43  made during the periods for reporting. Each report of expenses

29-44  required pursuant to NRS 294A.125 and 294A.200 must consist of a

30-1  list of each expense in excess of $100 that was incurred during the

30-2  periods for reporting. The list in each report must state the category

30-3  and amount of the expense or expenditure and the date on which the

30-4  expense was incurred or the expenditure was made.

30-5      2.  The categories of expense or expenditure for use on the

30-6  report of expenses or expenditures are:

30-7      (a) Office expenses;

30-8      (b) Expenses related to volunteers;

30-9      (c) Expenses related to travel;

30-10     (d) Expenses related to advertising;

30-11     (e) Expenses related to paid staff;

30-12     (f) Expenses related to consultants;

30-13     (g) Expenses related to polling;

30-14     (h) Expenses related to special events;

30-15     (i) Except as otherwise provided in NRS 294A.362, goods and

30-16  services provided in kind for which money would otherwise have

30-17  been paid; and

30-18     (j) Other miscellaneous expenses.

30-19     3.  [The Secretary of State and each city clerk shall not require a

30-20  candidate to provide separately the total amount of each category of

30-21  expenses described in this section.] Each report of expenses or

30-22  expenditures described in subsection 1 must list the disposition of

30-23  any unspent campaign contributions using the categories set forth

30-24  in subsection 2 of NRS 294A.160.

30-25     Sec. 16.  (Deleted by amendment.)

30-26     Sec. 17.  NRS 294A.390 is hereby amended to read as follows:

30-27     294A.390  The officer from whom a candidate or entity

30-28  requests a form for:

30-29     1.  A declaration of candidacy;

30-30     2.  An acceptance of candidacy;

30-31     3.  The registration of a committee for political action pursuant

30-32  to NRS 294A.230 or a committee for the recall of a public officer

30-33  pursuant to NRS 294A.250; or

30-34     4.  The reporting of campaign contributions, expenses or

30-35  expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,

30-36  [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280

30-37  or 294A.360,

30-38  shall furnish the candidate with the necessary forms for reporting

30-39  and copies of the regulations adopted by the Secretary of State

30-40  pursuant to this chapter. An explanation of the applicable provisions

30-41  of NRS 294A.100, 294A.120, 294A.140, 294A.150, [294A.180,]

30-42  294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360

30-43  relating to the making, accepting or reporting of campaign

30-44  contributions, expenses or expenditures and the penalties for a

31-1  violation of those provisions as set forth in NRS 294A.100 or

31-2  294A.420 must be [printed on the forms.] developed by the

31-3  Secretary of State and provided upon request. The candidate or

31-4  entity shall acknowledge receipt of the material.

31-5      Sec. 18.  NRS 294A.420 is hereby amended to read as follows:

31-6      294A.420  1.  If the Secretary of State receives information

31-7  that a person or entity that is subject to the provisions of NRS

31-8  294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,

31-9  294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not

31-10  filed a report or form for registration pursuant to the applicable

31-11  provisions of those sections, the Secretary of State may, after giving

31-12  notice to that person or entity, cause the appropriate proceedings to

31-13  be instituted in the First Judicial District Court.

31-14     2.  Except as otherwise provided in this section, a person or

31-15  entity that violates an applicable provision of NRS 294A.112,

31-16  294A.120, 294A.130, 294A.140, 294A.150, 294A.160, [294A.170,

31-17  294A.180,] 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,

31-18  294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject

31-19  to a civil penalty of not more than $5,000 for each violation and

31-20  payment of court costs and attorney’s fees. The civil penalty must

31-21  be recovered in a civil action brought in the name of the State of

31-22  Nevada by the Secretary of State in the First Judicial District Court

31-23  and deposited by the Secretary of State for credit to the State

31-24  General Fund in the bank designated by the Treasurer.

31-25     3.  If a civil penalty is imposed because a person or entity has

31-26  reported its contributions, expenses or expenditures after the date

31-27  the report is due, the amount of the civil penalty is:

31-28     (a) If the report is not more than 7 days late, $25 for each day

31-29  the report is late.

31-30     (b) If the report is more than 7 days late but not more than 15

31-31  days late, $50 for each day the report is late.

31-32     (c) If the report is more than 15 days late, $100 for each day the

31-33  report is late.

31-34     4.  For good cause shown, the Secretary of State may waive a

31-35  civil penalty that would otherwise be imposed pursuant to this

31-36  section. If the Secretary of State waives a civil penalty pursuant to

31-37  this subsection, the Secretary of State shall:

31-38     (a) Create a record which sets forth that the civil penalty has

31-39  been waived and describes the circumstances that constitute the

31-40  good cause shown; and

31-41     (b) Ensure that the record created pursuant to paragraph (a) is

31-42  available for review by the general public.

 

 

32-1      Sec. 19.  Chapter 281 of NRS is hereby amended by adding

32-2  thereto a new section to read as follows:

32-3      1.  Except as otherwise provided in subsection 2, if a public

32-4  officer who was appointed to the office for which he is serving is

32-5  entitled to receive annual compensation of $6,000 or more for

32-6  serving in that office, he shall file with the Commission a

32-7  statement of financial disclosure, as follows:

32-8      (a) A public officer appointed to fill the unexpired term of an

32-9  elected or appointed public officer shall file a statement of

32-10  financial disclosure within 30 days after his appointment.

32-11     (b) Each public officer appointed to fill an office shall file a

32-12  statement of financial disclosure on or before January 15 of each

32-13  year of the term, including the year the term expires.

32-14     2.  If a person is serving in a public office for which he is

32-15  required to file a statement pursuant to subsection 1, he may use

32-16  the statement he files for that initial office to satisfy the

32-17  requirements of subsection 1 for every other public office to which

32-18  he is appointed and in which he is also serving.

32-19     3.  A judicial officer who is appointed to fill the unexpired

32-20  term of a predecessor or to fill a newly created judgeship shall file

32-21  a statement of financial disclosure pursuant to the requirements of

32-22  Canon 4I of the Nevada Code of Judicial Conduct. Such a

32-23  statement of financial disclosure must include, without limitation,

32-24  all information required to be included in a statement of financial

32-25  disclosure pursuant to NRS 281.571.

32-26     4.  The Commission shall provide written notification to the

32-27  Secretary of State of the public officers who failed to file the

32-28  statements of financial disclosure required by subsection 1 or who

32-29  failed to file those statements in a timely manner. The notice must

32-30  be sent within 30 days after the deadlines set forth in subsection 1

32-31  and must include:

32-32     (a) The name of each public officer who failed to file his

32-33  statement of financial disclosure within the period before the

32-34  notice is sent;

32-35     (b) The name of each public officer who filed his statement of

32-36  financial disclosure after the deadlines set forth in subsection 1

32-37  but within the period before the notice is sent;

32-38     (c) For the first notice sent after the public officer filed his

32-39  statement of financial disclosure, the name of each public officer

32-40  who filed his statement of financial disclosure after the deadlines

32-41  set forth in subsection 1 but within the period before the notice is

32-42  sent; and

33-1      (d) For each public officer listed in paragraph (c), the date on

33-2  which the statement of financial disclosure was due and the date

33-3  on which the public officer filed the statement.

33-4      5.  In addition to the notice provided pursuant to subsection 4,

33-5  the Commission shall notify the Secretary of State of each public

33-6  officer who files a statement of financial disclosure more than 30

33-7  days after the deadlines set forth in subsection 1. The notice must

33-8  include the information described in paragraphs (c) and (d) of

33-9  subsection 4.

33-10     6.  A statement of financial disclosure shall be deemed to be

33-11  filed with the Commission:

33-12     (a) On the date that it was mailed if it was sent by certified

33-13  mail; or

33-14     (b) On the date that it was received by the Commission if the

33-15  statement was sent by regular mail, transmitted by facsimile

33-16  machine or electronic means, or delivered personally.

33-17     Sec. 20.  NRS 281.411 is hereby amended to read as follows:

33-18     281.411  NRS 281.411 to 281.581, inclusive, and section 19 of

33-19  this act may be cited as the Nevada Ethics in Government Law.

33-20     Sec. 21.  NRS 281.471 is hereby amended to read as follows:

33-21     281.471  The Commission shall:

33-22     1.  Adopt procedural regulations:

33-23     (a) To facilitate the receipt of inquiries by the Commission;

33-24     (b) For the filing of a request for an opinion with the

33-25  Commission;

33-26     (c) For the withdrawal of a request for an opinion by the person

33-27  who filed the request; and

33-28     (d) To facilitate the prompt rendition of opinions by the

33-29  Commission.

33-30     2.  Prescribe, by regulation, forms for the submission of

33-31  statements of financial disclosure and procedures for the

33-32  submission of statements of financial disclosure filed pursuant to

33-33  section 19 of this act and forms and procedures for the submission

33-34  of statements of acknowledgment filed by public officers pursuant

33-35  to NRS 281.552, maintain files of such statements and make the

33-36  statements available for public inspection.

33-37     3.  Cause the making of such investigations as are reasonable

33-38  and necessary for the rendition of its opinions pursuant to this

33-39  chapter.

33-40     4.  [Inform] Except as otherwise provided in section 19 of this

33-41  act, inform the Attorney General or district attorney of all cases of

33-42  noncompliance with the requirements of this chapter.

34-1      5.  Recommend to the Legislature such further legislation as the

34-2  Commission considers desirable or necessary to promote and

34-3  maintain high standards of ethical conduct in government.

34-4      6.  Publish a manual for the use of public officers and

34-5  employees that contains:

34-6      (a) Hypothetical opinions which are abstracted from opinions

34-7  rendered pursuant to subsection 1 of NRS 281.511, for the future

34-8  guidance of all persons concerned with ethical standards in

34-9  government;

34-10     (b) Abstracts of selected opinions rendered pursuant to

34-11  subsection 2 of NRS 281.511; and

34-12     (c) An abstract of the requirements of this chapter.

34-13  The Legislative Counsel shall prepare annotations to this chapter for

34-14  inclusion in the Nevada Revised Statutes based on the abstracts and

34-15  published opinions of the Commission.

34-16     Sec. 22.  NRS 281.552 is hereby amended to read as follows:

34-17     281.552 1.  Every public officer shall acknowledge that he

34-18  has received, read and understands the statutory ethical standards.

34-19  The acknowledgment must be on a form prescribed by the

34-20  Commission and must accompany the first statement of financial

34-21  disclosure that the public officer is required to file with the

34-22  Commission pursuant to section 19 of this act or the Secretary of

34-23  State pursuant to NRS 281.561.

34-24     2.  The Commission and the Secretary of State shall retain an

34-25  acknowledgment filed pursuant to this section for 6 years after the

34-26  date on which the acknowledgment was filed.

34-27     3.  Willful refusal to execute and file the acknowledgment

34-28  required by this section constitutes nonfeasance in office and is a

34-29  ground for removal pursuant to NRS 283.440.

34-30     Sec. 23. NRS 281.561 is hereby amended to read as follows:

34-31     281.561  1.  [Except as otherwise provided in subsection 2 or

34-32  3, if a] Each candidate for public office [or a public officer is] who

34-33  will be entitled to receive annual compensation of $6,000 or more

34-34  for serving in the office [in question,] that he is seeking and each

34-35  public officer who was elected to the office for which he is serving

34-36  shall file with the [Commission and with the officer with whom

34-37  declarations of candidacy for the office in question are filed,]

34-38  Secretary of State a statement of financial disclosure, as follows:

34-39     (a) A candidate for nomination, election or reelection to public

34-40  office shall file a statement of financial disclosure no later than the

34-41  10th day after the last day to qualify as a candidate for the office [.

34-42     (b) A public officer appointed to fill the unexpired term of an

34-43  elected public officer shall file a statement of financial disclosure

34-44  within 30 days after his appointment.

35-1      (c) Every public officer, whether appointed or elected,] ; and

35-2      (b) Each public officer shall file a statement of financial

35-3  disclosure on or before [March 31] January 15 of each year of the

35-4  term, including the year the term expires.

35-5      [(d) A public officer who leaves office on a date other than the

35-6  expiration of his term or anniversary of his appointment or election,

35-7  shall file a statement of financial disclosure within 60 days after

35-8  leaving office.

35-9      2.  A statement filed pursuant to one of the paragraphs of

35-10  subsection 1 may be used to satisfy the requirements of another

35-11  paragraph of subsection 1 if the initial statement was filed not more

35-12  than 3 months before the other statement is required to be filed.

35-13     3.  If a person is serving in a public office for which he is

35-14  required to file a statement pursuant to subsection 1, he may use the

35-15  statement he files for that initial office to satisfy the requirements of

35-16  subsection 1 for every other public office in which he is also

35-17  serving.

35-18     4.  A person may satisfy the requirements of subsection 1 by

35-19  filing with the Commission a copy of a statement of financial

35-20  disclosure that was filed pursuant to the requirements of a

35-21  specialized or local ethics committee if the form of the statement has

35-22  been approved by the Commission.

35-23     5.] 2. A candidate for judicial office or a judicial officer shall

35-24  file a statement of financial disclosure pursuant to the requirements

35-25  of Canon 4I of the Nevada Code of Judicial Conduct. Such a

35-26  statement of financial disclosure must include, without limitation,

35-27  all information required to be included in a statement of financial

35-28  disclosure pursuant to NRS 281.571.

35-29     3.  A statement of financial disclosure shall be deemed to be

35-30  filed with the Secretary of State:

35-31     (a) On the date that it was mailed if it was sent by certified

35-32  mail; or

35-33     (b) On the date that it was received by the Secretary of State if

35-34  the statement was sent by regular mail, transmitted by facsimile

35-35  machine or electronic means, or delivered personally.

35-36     4.  The statement of financial disclosure filed pursuant to this

35-37  section must be filed on the form prescribed by the Commission

35-38  pursuant to NRS 281.471.

35-39     5.  The Secretary of State shall prescribe, by regulation,

35-40  procedures for the submission of statements of financial

35-41  disclosure filed pursuant to this section, maintain files of such

35-42  statements and make the statements available for public

35-43  inspection.

 

36-1      Sec. 24.  NRS 281.573 is hereby amended to read as follows:

36-2      281.573 1.  Except as otherwise provided in subsection 2,

36-3  statements of financial disclosure required by the provisions of NRS

36-4  281.561 and 281.571 and section 19 of this act must be retained by

36-5  the Commission [,] or Secretary of State [, county clerk and city

36-6  clerk] for 6 years after the date of filing.

36-7      2.  For public officers who serve more than one term in either

36-8  the same public office or more than one public office, the period

36-9  prescribed in subsection 1 begins on the date of the filing of the last

36-10  statement of financial disclosure for the last public office held.

36-11     Sec. 25.  (Deleted by amendment.)

36-12     Sec. 26.  NRS 281.581 is hereby amended to read as follows:

36-13     281.581 1.  [A] If the Secretary of State receives information

36-14  that a candidate for public office or public officer [who] willfully

36-15  fails to file his statement of financial disclosure or willfully fails to

36-16  file his statement of financial disclosure in a timely manner pursuant

36-17  to NRS 281.561 or section 19 of this act, the Secretary of State

36-18  may, after giving notice to that person or entity, cause the

36-19  appropriate proceedings to be instituted in the First Judicial

36-20  District Court.

36-21     2.  Except as otherwise provided in this section, a candidate

36-22  for public office or public officer who willfully fails to file his

36-23  statement of financial disclosure or willfully fails to file his

36-24  statement of financial disclosure in a timely manner pursuant to

36-25  NRS 281.561 or section 19 of this act is subject to a civil penalty

36-26  and payment of court costs and attorney’s fees. [Except as otherwise

36-27  provided in subsection 3, the] The civil penalty must be recovered

36-28  in a civil action brought in the name of the State of Nevada by the

36-29  Secretary of State in the First Judicial District Court and

36-30  deposited by the Secretary of State for credit to the State General

36-31  Fund in the bank designated by the State Treasurer.

36-32     3.  The amount of the civil penalty is:

36-33     (a) If the statement is filed not more than [7 days late, $25 for

36-34  each day the statement is late.] 10 days after the applicable

36-35  deadline set forth in subsection 1 of NRS 281.561 or subsection 1

36-36  of section 19 of this act, $25.

36-37     (b) If the statement is filed more than [7 days late] 10 days but

36-38  not more than [15 days late, $175 for the first 7 days, plus $50 for

36-39  each additional day the statement is late.] 20 days after the

36-40  applicable deadline set forth in subsection 1 of NRS 281.561 or

36-41  subsection 1 of section 19 of this act, $50.

36-42     (c) If the statement is filed more than [15 days late, $575 for the

36-43  first 15 days, plus $100 for each additional day the statement is late.

37-1      2.  The Commission may, for] 20 days but not more than 30

37-2  days after the applicable deadline set forth in subsection 1 of NRS

37-3  281.561 or subsection 1 of section 19 of this act, $100.

37-4      (d) If the statement is filed more than 30 days but not more

37-5  than 45 days after the applicable deadline set forth in subsection 1

37-6  of NRS 281.561 or subsection 1 of section 19 of this act, $250.

37-7      (e) If the statement is not filed or is filed more than 45 days

37-8  after the applicable deadline set forth in subsection 1 of NRS

37-9  281.561 or subsection 1 of section 19 of this act, $2,000.

37-10     4.  For good cause shown, the Secretary of State may waive

37-11  [or reduce the civil penalty.

37-12     3.  The civil penalty imposed for a violation of this section must

37-13  not exceed the annual compensation for the office for which the

37-14  statement was filed.

37-15     4.  The civil penalty must be recovered in a civil action brought

37-16  in the name of the State of Nevada by the Commission in a court of

37-17  competent jurisdiction and deposited by the Commission in the

37-18  account for credit to the State General Fund in the bank designated

37-19  by the State Treasurer.

37-20     5.  If the Commission] a civil penalty that would otherwise be

37-21  imposed pursuant to this section. If the Secretary of State waives a

37-22  civil penalty pursuant to [subsection 2, the Commission] this

37-23  subsection, the Secretary of State shall:

37-24     (a) Create a record which sets forth that the civil penalty has

37-25  been waived and describes the circumstances that constitute the

37-26  good cause shown; and

37-27     (b) Ensure that the record created pursuant to paragraph (a) is

37-28  available for review by the general public.

37-29     5.  As used in this section, “willfully” means deliberately,

37-30  intentionally and knowingly.

37-31     Sec. 27.  NRS 294A.170 and 294A.180 are hereby repealed.

37-32     Sec. 27.5. The Secretary of State must obtain the advice and

37-33  consent of the Legislative Commission before providing a form

37-34  designed or revised by the Secretary of State pursuant to section 1 of

37-35  this act to a person, committee, political party or group that is

37-36  required to use the form.

37-37     Sec. 28.  The statement of financial disclosure required to be

37-38  filed on or before January 15, 2004, by a public officer with the

37-39  Secretary of State pursuant to the amendatory provisions of NRS

37-40  281.561 must cover the period from the last statement of financial

37-41  disclosure filed by the public officer through December 31, 2003.

37-42     Sec. 28.5.  A financial disclosure statement filed with a county

37-43  clerk or city clerk before January 1, 2004, must be retained by the

37-44  county clerk or city clerk for 6 years after the date of filing.

38-1      Sec. 29.  This act becomes effective on January 1, 2004.

 

38-2  TEXT OF REPEALED SECTIONS

 

38-3      294A.170  Candidate to offer to return unspent

38-4  contributions received before filing of declaration of candidacy

38-5  for different office; disposition of unreturned contributions.  If

38-6  a candidate for state, district, county, city or township office files a

38-7  declaration of candidacy for an office which is different from the

38-8  office which:

38-9      1.  He previously and publicly intended to seek; or

38-10     2.  He held immediately preceding his declaration of candidacy,

38-11  he shall make a reasonable effort to notify the persons who

38-12  contributed money to his campaign before he filed his declaration of

38-13  candidacy and return the unspent portion of those contributions if so

38-14  requested. Any contributions not returned must be used in his

38-15  campaign or must be disposed of in the manner provided in

38-16  NRS 294A.160.

38-17     294A.180  Candidate or elected public officer to file report

38-18  relating to disposition of unspent contributions; procedure for

38-19  reporting.

38-20     1.  Each candidate for a state, district, county, city or township

38-21  office who is not elected to that office shall, not later than the 15th

38-22  day of the second month after his defeat, file a report with the

38-23  Secretary of State stating the amount of contributions which he

38-24  received for that campaign but did not spend and the disposition of

38-25  those unspent contributions.

38-26     2.  Each public officer who is elected to a state, district, county,

38-27  city or township office shall file a report:

38-28     (a) Not later than the 15th day of the second month after his

38-29  election, stating the amount of campaign contributions which he

38-30  received but did not spend and the amount, if any, of those unspent

38-31  contributions disposed of pursuant to subsections 2 and 6 of NRS

38-32  294A.160 as of the last day of the first month after his election;

38-33     (b) Not later than January 15th of each year of his term

38-34  beginning the year after he filed the report required by paragraph

38-35  (a), stating the amount, if any, of those unspent contributions

38-36  disposed of pursuant to NRS 294A.160 during the period from the

38-37  last date covered by his last report through December 31 of the

38-38  immediately preceding year and the manner in which they were

38-39  disposed of; and

39-1      (c) Not later than the 15th day of the second month after he no

39-2  longer holds that office, stating the amount and disposition of any

39-3  remaining unspent contributions.

39-4      3.  The reports required by subsections 1 and 2 must be

39-5  submitted on a form designed and provided by the Secretary of State

39-6  and signed by the candidate or public officer under penalty of

39-7  perjury.

39-8      4.  A public officer filing a report pursuant to subsection 2:

39-9      (a) Shall file the report with the officer with whom he filed his

39-10  declaration of candidacy or acceptance of candidacy.

39-11     (b) May file the report by certified mail. If certified mail is used,

39-12  the date of mailing shall be deemed the date of filing.

39-13     5.  A county clerk who receives from a legislative or judicial

39-14  officer, other than a justice of the peace or municipal judge, a report

39-15  pursuant to subsection 4 shall file a copy of the report with the

39-16  Secretary of State within 10 working days after he receives the

39-17  report.

 

39-18  H