2005 Nevada Revised Statutes - Chapter 294A — Campaign Practices

CHAPTER 294A - CAMPAIGN PRACTICES

GENERAL PROVISIONS

NRS 294A.002 Definitions.

NRS 294A.004 Campaignexpenses and expenditures defined.

NRS 294A.005 Candidatedefined.

NRS 294A.0055 Committeefor political action defined.

NRS 294A.006 Committeefor the recall of a public officer defined.

NRS 294A.007 Contributiondefined.

NRS 294A.008 Loandefined.

NRS 294A.009 Persondefined.

CAMPAIGN CONTRIBUTIONS

NRS 294A.100 Limiton amount that may be contributed to or accepted by candidate; penalty.

NRS 294A.112 Makingor assisting in making contribution in name of another person prohibited;accepting contribution made by person in name of another person prohibited.

NRS 294A.120 Candidateto report contributions received: Candidates subject to requirement; deadline;period covered; form; filing; details to be included in report.

NRS 294A.125 Candidatewho receives contributions in excess of $10,000 in year before year of electionrequired to report contributions received and expenditures made before year ofelection; procedure for reporting; contents of report.

NRS 294A.128 Candidaterequired to report loan guaranteed by third party, forgiveness of loan orwritten commitment for contribution; procedure for reporting; contents ofreport.

NRS 294A.130 Depositof contributions received in separate account; closing of separate account.

NRS 294A.140 Certainpersons and political organizations that make expenditures on behalf ofcandidate or group of candidates to report contributions received; deadline;period covered; form; filing.

NRS 294A.150 Personor group of persons advocating passage or defeat of question on ballot andperson or group of persons initiating or circulating petition to report contributionsreceived; deadline; period covered; form; filing.

NRS 294A.160 Personaluse by candidate prohibited; disposition of unspent contributions; penalty.

NRS 294A.190 Dispositionof contribution received by candidate from anonymous or unidentifiablecontributor.

EXPENSES RELATING TO ELECTIONS

NRS 294A.200 Candidateto report campaign expenses: Candidates subject to requirement; deadline;period covered; form; filing.

NRS 294A.210 Certainpersons and political organizations that make expenditures on behalf ofcandidate or group of candidates to report expenditures; deadline; periodcovered; form; filing.

NRS 294A.220 Personor group of persons advocating passage or defeat of question on ballot andperson or group of persons initiating or circulating petition to reportexpenditures; deadline; period covered; form; filing.

COMMITTEE FOR POLITICAL ACTION

NRS 294A.230 Registrationwith Secretary of State required; form; publication of information relating toregistration.

NRS 294A.240 Residentagent.

COMMITTEE FOR THE RECALL OF A PUBLIC OFFICER

NRS 294A.250 Registration.

NRS 294A.260 Residentagent.

NRS 294A.270 Committeeto report contributions received or made; deadline; period covered; form;filing; details to be included in report.

NRS 294A.280 Committeeto report expenditures; deadline; period covered; form; filing.

REQUIRED AND PROHIBITED PRACTICES

NRS 294A.290 Codeof Fair Campaign Practices.

NRS 294A.300 Legislator,Lieutenant Governor, Lieutenant Governor-Elect, Governor or Governor-Electprohibited from soliciting or accepting contributions during certain period.

NRS 294A.310 Solicitationor acceptance of contributions on behalf of Legislator or legislative caucus bycaucus prohibited during certain period.

NRS 294A.320 Publishedmaterial concerning campaign must identify person paying for publication;exceptions.

NRS 294A.330 Useof term reelect in campaign.

NRS 294A.340 Creatingimplication that candidate is incumbent.

NRS 294A.341 Persuasivepoll concerning candidate must identify person or entity requesting or payingfor poll.

NRS 294A.342 Enforcementof provisions of NRS 294A.341:Reporting of alleged violations; institution of court proceedings.

NRS 294A.343 Penaltyfor violation of provisions of NRS294A.341.

NRS 294A.345 Impedingsuccess of campaign of candidate by causing publication of certain falsestatements of fact concerning candidate prohibited; civil penalty imposed byCommission on Ethics. [Repealed.]

NRS 294A.346 Impedingsuccess or inducing another to impede success of campaign of candidate or forballot question prohibited; civil penalty imposed by Commission on Ethics.[Repealed.]

MISCELLANEOUS PROVISIONS

NRS 294A.350 Filingof reports required despite withdrawal of candidacy, lack of campaigncontributions or expenses, removal from ballot or special election not held onpetition for recall; time for filing reports if candidate withdraws hiscandidacy.

NRS 294A.360 Timewhen candidate for city office must file reports.

NRS 294A.362 Candidateto report campaign contributions in form of goods and services provided inkind; period covered; form.

NRS 294A.365 Categorizationof expenditures and expenses in reports required; categories for use inreports.

NRS 294A.370 Mediato make certain information available.

NRS 294A.373 Universalform for reporting of contributions, expenditures and expenses: Design bySecretary of State; limitation; approval by Legislative Commission; copies.

NRS 294A.375 Nonprofitcorporations: Registration with Secretary of State required; publication ofregistration.

ADMINISTRATION AND ENFORCEMENT

NRS 294A.380 Powersof Secretary of State; administering provisions governing committees for politicalaction; regulations.

NRS 294A.382 Secretaryof State prohibited from requesting or requiring listing of certain smallexpenditures or campaign expenses.

NRS 294A.390 Distributionof forms and regulations.

NRS 294A.400 Compilationby Secretary of State of reported contributions, expenditures and loans; publicinspection.

NRS 294A.410 Enforcementof chapter: Reporting of alleged violations; institution of court proceedings.

NRS 294A.420 Enforcementof chapter: Institution of court proceedings; civil penalty; limitation andwaiver of civil penalty.

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GENERAL PROVISIONS

NRS 294A.002 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS294A.004 to 294A.009, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1981, 730; A 1983, 1374; 1989, 1061,2172; 2005, 2294)

NRS 294A.004 Campaignexpenses and expenditures defined. Campaignexpenses and expenditures mean:

1. Those expenditures made for advertising ontelevision, radio, billboards, posters and in newspapers; and

2. All other expenditures made,

to advocateexpressly the election or defeat of a clearly identified candidate or group ofcandidates or the passage or defeat of a clearly identified question or groupof questions on the ballot, including any payments made to a candidate or anyperson who is related to the candidate within the second degree ofconsanguinity or affinity.

(Added to NRS by 1981, 730; A 1991, 1393; 1997, 238; 2003, 2995)

NRS 294A.005 Candidatedefined. Candidate means any person:

1. Who files a declaration of candidacy;

2. Who files an acceptance of candidacy;

3. Whose name appears on an official ballot at anyelection; or

4. Who has received contributions in excess of $100.

(Added to NRS by 1977, 1363; A 1981, 730; 1997, 239)

NRS 294A.0055 Committeefor political action defined.

1. Committee for political action means any group ofnatural persons or entities that solicits or receives contributions from anyother person, group or entity and:

(a) Makes or intends to make contributions tocandidates or other persons; or

(b) Makes or intends to make expenditures,

designed toaffect the outcome of any primary, general or special election or question onthe ballot.

2. Committee for political action does not include:

(a) An organization made up of legislative members of apolitical party whose primary purpose is to provide support for their politicalefforts.

(b) An entity solely because it provides goods orservices to a candidate or committee in the regular course of its business atthe same price that would be provided to the general public.

(c) An individual natural person.

(d) An individual corporation or other business entitywho has filed articles of incorporation or other documentation of organizationwith the Secretary of State pursuant to title 7 of NRS.

(e) A labor union.

(f) A personal campaign committee or the personalrepresentative of a candidate who receives contributions or makes expendituresthat are reported as campaign contributions or expenditures by the candidate.

(g) A committee for the recall of a public officer.

(Added to NRS by 1989, 2172; A 2001, 1429)

NRS 294A.006 Committeefor the recall of a public officer defined. Committeefor the recall of a public officer means an organization that:

1. Receives any contributions, makes any contributionsto candidates or persons or makes any expenditures that are designed to affectthe recall of a public officer; or

2. Files a notice of intent to circulate the petitionfor recall.

(Added to NRS by 1989, 1060; A 2003, 1711)

NRS 294A.007 Contributiondefined.

1. Contribution means a gift, loan,conveyance, deposit, payment, transfer or distribution of money or of anythingof value other than the services of a volunteer, and includes:

(a) The payment by any person, other than a candidate,of compensation for the personal services of another person which are renderedto a:

(1) Candidate;

(2) Person who is not under the direction orcontrol of a candidate or group of candidates or of any person involved in thecampaign of the candidate or group who makes an expenditure on behalf of thecandidate or group which is not solicited or approved by the candidate orgroup;

(3) Committee for political action, politicalparty or committee sponsored by a political party which makes an expenditure onbehalf of a candidate or group of candidates; or

(4) Person or group of persons organizedformally or informally who advocates the passage or defeat of a question orgroup of questions on the ballot,

withoutcharge to the candidate, person, committee or political party.

(b) The value of services provided in kind for whichmoney would have otherwise been paid, such as paid polling and resulting data,paid direct mail, paid solicitation by telephone, any paid paraphernalia thatwas printed or otherwise produced to promote a campaign and the use of paidpersonnel to assist in a campaign.

2. As used in this section, volunteer means a personwho does not receive compensation of any kind, directly or indirectly, for the serviceshe provides to a campaign.

(Added to NRS by 1981, 730; A 1991, 1393; 1997, 239)

NRS 294A.008 Loandefined. Loan means a transfer of money, propertyor anything of value in exchange for an obligation to repay the transfer ofmoney in whole or in part.

(Added to NRS by 2005, 2294)

NRS 294A.009 Persondefined. Person means:

1. A natural person;

2. Any form of business or social organization;

3. Any nongovernmental legal entity, including,without limitation, a corporation, partnership, association, trust,unincorporated organization, labor union, committee for political action,political party and committee sponsored by a political party; or

4. A government, governmental agency or politicalsubdivision of a government.

(Added to NRS by 1983, 1373; A 1985, 514; 1997, 239)

CAMPAIGN CONTRIBUTIONS

NRS 294A.100 Limiton amount that may be contributed to or accepted by candidate; penalty.

1. A person shall not make a contribution orcontributions to a candidate for any office, except a federal office, in anamount which exceeds $5,000 for the primary election or primary city election,regardless of the number of candidates for the office, and $5,000 for thegeneral election or general city election, regardless of the number ofcandidates for the office, during the period:

(a) Beginning from 30 days before the regular sessionof the Legislature immediately following the last election for the office andending 30 days before the regular session of the Legislature immediatelyfollowing the next election for the office, if that office is a state,district, county or township office; or

(b) Beginning from 30 days after the last election forthe office and ending 30 days before the next general city election for theoffice, if that office is a city office.

2. A candidate shall not accept a contribution made inviolation of subsection 1.

3. A person who willfully violates any provision ofthis section is guilty of a category E felony and shall be punished as providedin NRS 193.130.

(Added to NRS by 1991, 1401; A 1997, 240)

NRS 294A.112 Makingor assisting in making contribution in name of another person prohibited;accepting contribution made by person in name of another person prohibited.

1. A person shall not:

(a) Make a contribution in the name of another person;

(b) Knowingly allow his name to be used to cause acontribution to be made in the name of another person or assist in the makingof a contribution in the name of another person;

(c) Knowingly assist a person to make a contribution inthe name of another person; or

(d) Knowingly accept a contribution made by a person inthe name of another person.

2. As used in this section, make a contribution inthe name of another person includes, without limitation:

(a) Giving money or an item of value, all or part ofwhich was provided by another person, without disclosing the source of themoney or item of value to the recipient at the time the contribution is made;and

(b) Giving money or an item of value, all or part ofwhich belongs to the person who is giving the money or item of value, andclaiming that the money or item of value belongs to another person.

(Added to NRS by 1997, 236)

NRS 294A.120 Candidateto report contributions received: Candidates subject to requirement; deadline;period covered; form; filing; details to be included in report.

1. Everycandidate for state, district, county or township office at a primary orgeneral election shall, not later than January 15 of each year, for the periodfrom January 1 of the previous year through December 31 of the previous year,report each campaign contribution in excess of $100 he received during theperiod and contributions received during the period from a contributor whichcumulatively exceed $100. The provisions of this subsection apply to thecandidate beginning the year of the general election for that office throughthe year immediately preceding the next general election for that office.

2. Everycandidate for state, district, county or township office at a primary orgeneral election shall, if the general election for the office for which he isa candidate is held on or after January 1 and before the July 1 immediatelyfollowing that January 1, not later than:

(a) Seven daysbefore the primary election for that office, for the period from the January 1immediately preceding the primary election through 12 days before the primaryelection;

(b) Seven daysbefore the general election for that office, for the period from 11 days beforethe primary election through 12 days before the general election; and

(c) July 15 ofthe year of the general election for that office, for the period from 11 daysbefore the general election through June 30 of that year,

report each campaign contribution inexcess of $100 he receives during the period and contributions received duringthe period from a contributor which cumulatively exceed $100. The report mustbe completed on the form designed and provided by the Secretary of Statepursuant to NRS 294A.373. Each formmust be signed by the candidate under penalty of perjury.

3. Everycandidate for state, district, county or township office at a primary orgeneral election shall, if the general election for the office for which he isa candidate is held on or after July 1 and before the January 1 immediatelyfollowing that July 1, not later than:

(a) Seven daysbefore the primary election for that office, for the period from the January 1immediately preceding the primary election through 12 days before the primaryelection; and

(b) Seven daysbefore the general election for that office, for the period from 11 days beforethe primary election through 12 days before the general election,

report each campaign contribution inexcess of $100 he received during the period and contributions received duringthe period from a contributor which cumulatively exceed $100. The report mustbe completed on the form designed and provided by the Secretary of Statepursuant to NRS 294A.373. Each formmust be signed by the candidate under penalty of perjury.

4. Except asotherwise provided in subsection 5, every candidate for a district office at aspecial election shall, not later than:

(a) Seven daysbefore the special election, for the period from his nomination through 12 daysbefore the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each campaign contribution inexcess of $100 he received during the period and contributions received during thereporting period from a contributor which cumulatively exceed $100. The reportmust be completed on the form designed and provided by the Secretary of Statepursuant to NRS 294A.373. Each formmust be signed by the candidate under penalty of perjury.

5. Everycandidate for state, district, county, municipal or township office at aspecial election to determine whether a public officer will be recalled shalllist each of the campaign contributions that he receives on the form designedand provided by the Secretary of State pursuant to NRS 294A.373 and signed by the candidateunder penalty of perjury, 30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) A districtcourt determines that the petition for recall is legally insufficient pursuantto subsection 5 of NRS 306.040, for theperiod from the filing of the notice of intent to circulate the petition forrecall through the date of the district courts decision.

6. Reports ofcampaign contributions must be filed with the officer with whom the candidatefiled the declaration of candidacy or acceptance of candidacy. A candidate maymail or transmit the report to that officer by regular mail, certified mail,facsimile machine or electronic means. A report shall be deemed to be filedwith the officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

7. Everycounty clerk who receives from candidates for legislative or judicial office,including, without limitation, the office of justice of the peace or municipaljudge, reports of campaign contributions pursuant to this section shall file acopy of each report with the Secretary of State within 10 working days after hereceives the report.

8. The name and address of the contributor and thedate on which the contribution was received must be included on the report foreach contribution in excess of $100 and contributions which a contributor hasmade cumulatively in excess of that amount since the beginning of the currentreporting period.

(Added to NRS by 1975, 591; A 1977, 1364; 1979, 488;1981, 730; 1983, 346; 1985, 269, 1109; 1991, 1394; 1995, 825, 1514; 1997, 240; 1999, 2552, 3556; 2001, 274; 2001 Special Session,167; 2003, 2996;2005, 2294)

NRS 294A.125 Candidatewho receives contributions in excess of $10,000 in year before year of electionrequired to report contributions received and expenditures made before year ofelection; procedure for reporting; contents of report.

1. In additionto complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receivescontributions in any year before the year in which the general election orgeneral city election in which the candidate intends to seek election to publicoffice is held shall, for:

(a) The year inwhich he receives contributions in excess of $10,000, list each of thecontributions that he receives and the expenditures in excess of $100 made inthat year.

(b) Each yearafter the year in which he received contributions in excess of $10,000, untilthe year of the general election or general city election in which thecandidate intends to seek election to public office is held, list each of thecontributions that he received and the expenditures in excess of $100 made inthat year.

2. The reportsrequired by subsection 1 must be submitted on the form designed and provided bythe Secretary of State pursuant to NRS294A.373. Each form must be signed by the candidate under penalty ofperjury.

3. The nameand address of the contributor and the date on which the contribution wasreceived must be included on the list for each contribution in excess of $100and contributions that a contributor has made cumulatively in excess of thatamount.

4. The reportmust be filed:

(a) With theofficer with whom the candidate will file the declaration of candidacy oracceptance of candidacy for the public office the candidate intends to seek. Acandidate may mail or transmit the report to that officer by regular mail,certified mail, facsimile machine or electronic means. A report shall be deemedto be filed with the officer:

(1) Onthe date it was mailed if it was sent by certified mail.

(2) Onthe date it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

(b) On orbefore January 15 of the year immediately after the year for which the reportis made.

5. A county clerk who receives from a candidate forlegislative or judicial office, including, without limitation, the office ofjustice of the peace or municipal judge, a report of contributions andexpenditures pursuant to subsection 4 shall file a copy of the report with theSecretary of State within 10 working days after he receives the report.

(Added to NRS by 1997, 236; A 1999, 2553, 3557; 2001, 274; 2001 Special Session,168; 2003, 2997;2005, 2296)

NRS 294A.128 Candidaterequired to report loan guaranteed by third party, forgiveness of loan orwritten commitment for contribution; procedure for reporting; contents ofreport.

1. In addition to complying with the requirements setforth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives a loanwhich is guaranteed by a third party, forgiveness of a loan previously made tothe candidate or a written commitment for a contribution shall, for the periodcovered by the report filed pursuant to NRS294A.120, 294A.200 or 294A.360, report:

(a) If a loan received by the candidate was guaranteedby a third party, the amount of the loan and the name and address of eachperson who guaranteed the loan;

(b) If a loan received by the candidate was forgiven bythe person who made the loan, the amount that was forgiven and the name andaddress of the person who forgave the loan; and

(c) If the candidate received a written commitment fora contribution, the amount committed to be contributed and the name and addressof the person who made the written commitment.

2. The reports required by subsection 1 must besubmitted on the form designed and provided by the Secretary of State pursuantto NRS 294A.373. Each form must besigned by the candidate under penalty of perjury.

3. The reports required by subsection 1 must be filedin the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360.

4. A county clerk who receives from a candidate forlegislative or judicial office, including, without limitation, the office ofjustice of the peace or municipal judge, a report pursuant to subsection 1shall file a copy of the report with the Secretary of State within 10 workingdays after he receives the report.

(Added to NRS by 2005, 2294)

NRS 294A.130 Depositof contributions received in separate account; closing of separate account.

1. Every candidate for state, district, county, cityor township office shall, not later than 1 week after he receives minimumcampaign contributions of $100, open and maintain a separate account in afinancial institution for the deposit of any campaign contributions hereceives. The candidate shall not commingle the money in the account with moneycollected for other purposes.

2. The candidate may close the separate account:

(a) If he was a candidate in a special election, afterthat election;

(b) If he lost in the primary election, after theprimary election; or

(c) If he won the primary election, after the generalelection,

and as soonas all payments of money committed have been made.

(Added to NRS by 1989, 2140; A 1997, 242)

NRS 294A.140 Certainpersons and political organizations that make expenditures on behalf ofcandidate or group of candidates to report contributions received; deadline;period covered; form; filing.

1. Everyperson who is not under the direction or control of a candidate for office at aprimary election, primary city election, general election or general cityelection, of a group of such candidates or of any person involved in thecampaign of that candidate or group who makes an expenditure on behalf of thecandidate or group which is not solicited or approved by the candidate orgroup, and every committee for political action, political party and committeesponsored by a political party which makes an expenditure on behalf of such acandidate or group of candidates shall, not later than January 15 of each yearthat the provisions of this subsection apply to the person, committee orpolitical party, for the period from January 1 of the previous year throughDecember 31 of the previous year, report each campaign contribution in excessof $100 he or it received during the period and contributions received duringthe period from a contributor which cumulatively exceed $100. The provisions ofthis subsection apply to the person, committee or political party beginning theyear of the general election or general city election for that office throughthe year immediately preceding the next general election or general cityelection for that office.

2. Every person, committee or political partydescribed in subsection 1 which makes an expenditure on behalf of the candidatefor office at a primary election, primary city election, general election orgeneral city election or on behalf of a group of such candidates shall, if thegeneral election or general city election for the office for which thecandidate or a candidate in the group of candidates seeks election is held onor after January 1 and before the July 1 immediately following that January 1,not later than:

(a) Seven days before the primary election or primarycity election for that office, for the period from the January 1 immediatelypreceding the primary election or primary city election through 12 days beforethe primary election or primary city election;

(b) Seven days before the general election or generalcity election for that office, for the period from 11 days before the primaryelection or primary city election through 12 days before the general electionor general city election; and

(c) July 15 ofthe year of the general election or general city election for that office, forthe period from 11 days before the general election or general city electionthrough June 30 of that year,

report eachcampaign contribution in excess of $100 received during the period andcontributions received during the period from a contributor which cumulativelyexceed $100. The report must be completed on the form designed and provided bythe Secretary of State pursuant to NRS294A.373. The form must be signed by the person or a representative of thecommittee or political party under penalty of perjury.

3. The nameand address of the contributor and the date on which the contribution wasreceived must be included on the report for each contribution in excess of $100and contributions which a contributor has made cumulatively in excess of $100since the beginning of the current reporting period.

4. Everyperson, committee or political party described in subsection 1 which makes anexpenditure on behalf of a candidate for office at a primary election, primarycity election, general election or general city election or on behalf of agroup of such candidates shall, if the general election or general city electionfor the office for which the candidate or a candidate in the group ofcandidates seeks election is held on or after July 1 and before the January 1immediately following that July 1, not later than:

(a) Seven daysbefore the primary election or primary city election for that office, for theperiod from the January 1 immediately preceding the primary election or primarycity election through 12 days before the primary election or primary cityelection; and

(b) Seven daysbefore the general election or general city election for that office, for theperiod from 11 days before the primary election or primary city electionthrough 12 days before the general election or general city election,

report each campaign contribution inexcess of $100 received during the period and contributions received during theperiod from a contributor which cumulatively exceed $100. The report must becompleted on the form designed and provided by the Secretary of State pursuantto NRS 294A.373. The form must besigned by the person or a representative of the committee or political partyunder penalty of perjury.

5. Except asotherwise provided in subsection 6, every person, committee or political partydescribed in subsection 1 which makes an expenditure on behalf of a candidatefor office at a special election or on behalf of a group of such candidatesshall, not later than:

(a) Seven daysbefore the special election for the office for which the candidate or acandidate in the group of candidates seeks election, for the period from thenomination of the candidate through 12 days before the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each campaign contribution inexcess of $100 received during the period and contributions received during theperiod from a contributor which cumulatively exceed $100. The report must becompleted on the form designed and provided by the Secretary of State pursuantto NRS 294A.373. The form must besigned by the person or a representative of the committee or political partyunder penalty of perjury.

6. Everyperson, committee or political party described in subsection 1 which makes anexpenditure on behalf of a candidate for office at a special election to determinewhether a public officer will be recalled or on behalf of a group of candidatesfor offices at such special elections shall report each contribution in excessof $100 received during the period and contributions received during the periodfrom a contributor which cumulatively exceed $100. The report must be completedon the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person ora representative of the committee or political party under penalty of perjury,30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If thespecial election is not held because a district court determines that thepetition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filingof the notice of intent to circulate the petition for recall through the dateof the district courts decision.

7. The reportsof contributions required pursuant to this section must be filed with:

(a) If thecandidate is elected from one county, the county clerk of that county;

(b) If thecandidate is elected from one city, the city clerk of that city; or

(c) If the candidate is elected from more than onecounty or city, the Secretary of State.

8. A person orentity may file the report with the appropriate officer by regular mail,certified mail, facsimile machine or electronic means. A report shall be deemedto be filed with the officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

9. Each countyclerk or city clerk who receives a report pursuant to this section shall file acopy of the report with the Secretary of State within 10 working days after hereceives the report.

10. Every person, committee or political partydescribed in subsection 1 shall file a report required by this section even ifhe or it receives no contributions.

(Added to NRS by 1991, 1389; A 1997, 242; 1999, 2554; 2003, 2998)

NRS 294A.150 Personor group of persons advocating passage or defeat of question on ballot andperson or group of persons initiating or circulating petition to reportcontributions received; deadline; period covered; form; filing.

1. Everyperson or group of persons organized formally or informally who advocates thepassage or defeat of a question or group of questions on the ballot at aprimary election, primary city election, general election or general cityelection and every person or group of persons who initiates or circulates apetition for a constitutional amendment or a petition for a statewide measureproposed by an initiative or a referendum and who receives or expends money inan amount in excess of $10,000 to support such initiation or circulation shall,not later than January 15 of each year that the provisions of this subsectionapply to the person or group of persons, for the period from January 1 of theprevious year through December 31 of the previous year, report each campaigncontribution in excess of $100 received during that period and contributionsreceived during the period from a contributor which cumulatively exceed $100.The report must be completed on the form designed and provided by the Secretaryof State pursuant to NRS 294A.373. Theform must be signed by the person or a representative of the group underpenalty of perjury. The provisions of this subsection apply to the person orgroup of persons:

(a) Each year inwhich an election or city election is held for each question for which theperson or group advocates passage or defeat or each year in which a person orgroup receives or expends money in excess of $10,000 to support the initiationor circulation of a petition for a constitutional amendment or a petition for astatewide measure proposed by an initiative or a referendum; and

(b) The yearafter each year described in paragraph (a).

2. If a question is on the ballot at a primaryelection or primary city election and the general election or general cityelection immediately following that primary election or primary city election isheld on or after January 1 and before the July 1 immediately following thatJanuary 1, every person or group of persons organized formally or informallywho advocates the passage or defeat of the question or a group of questionsthat includes the question shall comply with the requirements of thissubsection. If a question is on the ballot at a general election or generalcity election held on or after January 1 and before the July 1 immediatelyfollowing that January 1, every person or group of persons organized formallyor informally who advocates the passage or defeat of the question or a group ofquestions that includes the question shall comply with the requirements of thissubsection. A person or group of persons described in this subsection shall, notlater than:

(a) Seven days before the primary election or primarycity election, for the period from the January 1 immediately preceding theprimary election or primary city election through 12 days before the primaryelection or primary city election;

(b) Seven days before the general election or generalcity election, for the period from 11 days before the primary election orprimary city election through 12 days before the general election or generalcity election; and

(c) July 15 ofthe year of the general election or general city election, for the period from11 days before the general election or general city election through June 30 ofthat year,

report eachcampaign contribution in excess of $100 received during the period andcontributions received during the period from a contributor which cumulativelyexceed $100. The report must be completed on the form designed and provided bythe Secretary of State pursuant to NRS294A.373 and signed by the person or a representative of the group underpenalty of perjury.

3. The nameand address of the contributor and the date on which the contribution wasreceived must be included on the report for each contribution in excess of $100and contributions which a contributor has made cumulatively in excess of thatamount since the beginning of the current reporting period.

4. If aquestion is on the ballot at a primary election or primary city election andthe general election or general city election immediately following thatprimary election or primary city election is held on or after July 1 and beforethe January 1 immediately following that July 1, every person or group ofpersons organized formally or informally who advocates the passage or defeat ofthe question or a group of questions that includes the question shall complywith the requirements of this subsection. If a question is on the ballot at ageneral election or general city election held on or after July 1 and beforethe January 1 immediately following that July 1, every person or group ofpersons organized formally or informally who advocates the passage or defeat ofthe question or a group of questions that includes the question shall complywith the requirements of this subsection. Every person or group of persons whoinitiates or circulates a petition for a constitutional amendment or a petitionfor a statewide measure proposed by an initiative or a referendum and who receivesor expends money in an amount in excess of $10,000 to support such initiationor circulation shall comply with the requirements of this subsection. A personor group of persons described in this subsection shall, not later than:

(a) Seven daysbefore the primary election or primary city election, for the period from theJanuary 1 immediately preceding the primary election or primary city electionthrough 12 days before the primary election or primary city election; and

(b) Seven daysbefore the general election or general city election, for the period from 11days before the primary election or primary city election through 12 daysbefore the general election or general city election,

report each campaign contribution inexcess of $100 received during the period and contributions received during theperiod from a contributor which cumulatively exceed $100. The report must becompleted on the form designed and provided by the Secretary of State pursuantto NRS 294A.373. The form must besigned by the person or a representative of the group under penalty of perjury.

5. Except asotherwise provided in subsection 6, every person or group of persons organizedformally or informally who advocates the passage or defeat of a question orgroup of questions on the ballot at a special election shall, not later than:

(a) Seven daysbefore the special election, for the period from the date that the questionqualified for the ballot through 12 days before the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each campaign contribution inexcess of $100 received during the period and contributions received during theperiod from a contributor which cumulatively exceed $100. The report must becompleted on the form designed and provided by the Secretary of State pursuantto NRS 294A.373. The form must besigned by the person or a representative of the group under penalty of perjury.

6. Everyperson or group of persons organized formally or informally who advocates thepassage or defeat of a question or group of questions on the ballot at aspecial election to determine whether a public officer will be recalled shallreport each of the contributions received on the form designed and provided bythe Secretary of State pursuant to NRS294A.373 and signed by the person or a representative of the group under penaltyof perjury, 30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If thespecial election is not held because a district court determines that thepetition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filingof the notice of intent to circulate the petition for recall through the dateof the district courts decision.

7. The reportsrequired pursuant to this section must be filed with:

(a) If thequestion is submitted to the voters of one county, the county clerk of thatcounty;

(b) If thequestion is submitted to the voters of one city, the city clerk of that city;or

(c) If thequestion is submitted to the voters of more than one county or city, theSecretary of State.

8. A personmay mail or transmit his report to the appropriate officer by regular mail,certified mail, facsimile machine or electronic means. A report shall be deemedto be filed with the officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

9. If the person or group of persons is advocatingpassage or defeat of a group of questions or is receiving or expending money tosupport a group of petitions for constitutional amendments, a group ofpetitions for statewide measures proposed by initiative or referendum or agroup of petitions for both constitutional amendments and statewide measuresproposed by initiative or referendum, the reports must be itemized by questionor petition.

10. Each county clerk or city clerk who receives areport pursuant to this section shall file a copy of the report with theSecretary of State within 10 working days after he receives the report.

(Added to NRS by 1991, 1392; A 1997, 243; 1999, 2555; 2003, 3001; 2005, 2832)

NRS 294A.160 Personaluse by candidate prohibited; disposition of unspent contributions; penalty.

1. It is unlawful for a candidate to spendmoney received as a campaign contribution for his personal use.

2. Every candidate for a state, district, county, cityor township office at a primary, general, primary city, general city or specialelection who is elected to that office and received contributions that were notspent or committed for expenditure before the primary, general, primary city,general city or special election shall:

(a) Return the unspent money to contributors;

(b) Use the money in his next election or for thepayment of other expenses related to public office or his campaign, regardlessof whether he is a candidate for a different office in his next election;

(c) Contribute the money to:

(1) The campaigns of other candidates for publicoffice or for the payment of debts related to their campaigns;

(2) A political party;

(3) A person or group of persons advocating thepassage or defeat of a question or group of questions on the ballot; or

(4) Any combination of persons or groups setforth in subparagraphs (1), (2) and (3);

(d) Donate the money to any tax-exempt nonprofitentity; or

(e) Dispose of the money in any combination of themethods provided in paragraphs (a) to (d), inclusive.

3. Every candidate for a state, district, county, cityor township office at a primary, general, primary city, general city or specialelection who is not elected to that office and received contributions that werenot spent or committed for expenditure before the primary, general, primarycity, general city or special election shall, not later than the 15th day ofthe second month after his defeat:

(a) Return the unspent money to contributors;

(b) Contribute the money to:

(1) The campaigns of other candidates for publicoffice or for the payment of debts related to their campaigns;

(2) A political party;

(3) A person or group of persons advocating thepassage or defeat of a question or group of questions on the ballot; or

(4) Any combination of persons or groups setforth in subparagraphs (1), (2) and (3);

(c) Donate the money to any tax-exempt nonprofitentity; or

(d) Dispose of the money in any combination of themethods provided in paragraphs (a), (b) and (c).

4. Every candidate for a state, district, county, cityor township office who is defeated at a primary or primary city election andreceived a contribution from a person in excess of $5,000 shall, not later thanthe 15th day of the second month after his defeat, return any money in excessof $5,000 to the contributor.

5. Every public officer who:

(a) Holds a state, district, county, city or townshipoffice;

(b) Does not run for reelection and is not a candidatefor any other office; and

(c) Has contributions that are not spent or committedfor expenditure remaining from a previous election,

shall, notlater than the 15th day of the second month after the expiration of his term ofoffice, dispose of those contributions in the manner provided in subsection 3.

6. In addition to the methods for disposing theunspent money set forth in subsections 2, 3 and 4, a Legislator may donate notmore than $500 of that money to the Nevada Silver Haired Legislative Forumcreated pursuant to NRS 427A.320.

7. Any contributions received before a candidate for astate, district, county, city or township office at a primary, general, primarycity, general city or special election dies that were not spent or committedfor expenditure before the death of the candidate must be disposed of in themanner provided in subsection 3.

8. The court shall, in addition to any penalty whichmay be imposed pursuant to NRS 294A.420,order the candidate or public officer to dispose of any remaining contributionsin the manner provided in this section.

9. As used in this section, contributions includeany interest and other income earned thereon.

(Added to NRS by 1991, 1922; A 1997, 244; 2001, 3028; 2003, 3004)

NRS 294A.190 Dispositionof contribution received by candidate from anonymous or unidentifiablecontributor. A candidate who receives acontribution of $100 or more from an anonymous or unidentifiable contributorshall, within 10 days after he receives the contribution, deliver the money tothe State Treasurer or donate the money to a nonprofit entity. The StateTreasurer shall deposit the money in the State General Fund.

(Added to NRS by 1991, 1392)

EXPENSES RELATING TO ELECTIONS

NRS 294A.200 Candidateto report campaign expenses: Candidates subject to requirement; deadline;period covered; form; filing.

1. Everycandidate for state, district, county or township office at a primary orgeneral election shall, not later than January 15 of each year, for the periodfrom January 1 of the previous year through December 31 of the previous year,report each of the campaign expenses in excess of $100 that he incurs and eachamount in excess of $100 that he disposes of pursuant to NRS 294A.160 during the period on theform designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe candidate under penalty of perjury. The provisions of this subsection applyto the candidate:

(a) Beginningthe year of the general election for that office through the year immediatelypreceding the next general election for that office; and

(b) Each yearimmediately succeeding a calendar year during which the candidate disposes ofcontributions pursuant to NRS 294A.160.

2. Everycandidate for state, district, county or township office at a primary orgeneral election shall, if the general election for the office for which he isa candidate is held on or after January 1 and before the July 1 immediatelyfollowing that January 1, not later than:

(a) Seven daysbefore the primary election for that office, for the period from the January 1immediately preceding the primary election through 12 days before the primaryelection;

(b) Seven daysbefore the general election for that office, for the period from 11 days beforethe primary election through 12 days before the general election; and

(c) July 15 ofthe year of the general election for that office, for the period from 11 daysbefore the general election through June 30 of that year,

report each of the campaign expensesin excess of $100 that he incurs during the period on the form designed andprovided by the Secretary of State pursuant NRS294A.373. Each form must be signed by the candidate under penalty ofperjury.

3. Everycandidate for state, district, county or township office at a primary orgeneral election shall, if the general election for the office for which he isa candidate is held on or after July 1 and before the January 1 immediatelyfollowing that July 1, not later than:

(a) Seven daysbefore the primary election for that office, for the period from the January 1immediately preceding the primary election through 12 days before the primaryelection; and

(b) Seven daysbefore the general election for that office, for the period from 11 days beforethe primary election through 12 days before the general election,

report each of the campaign expensesin excess of $100 that he incurs during the period on the form designed andprovided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe candidate under penalty of perjury.

4. Except asotherwise provided in subsection 5, every candidate for a district office at aspecial election shall, not later than:

(a) Seven daysbefore the special election, for the period from his nomination through 12 daysbefore the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each of the campaign expensesin excess of $100 that he incurs during the period on the form designed andprovided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed bythe candidate under penalty of perjury.

5. Everycandidate for state, district, county, municipal or township office at aspecial election to determine whether a public officer will be recalled shallreport each of the campaign expenses in excess of $100 that he incurs on theform designed and provided by the Secretary of State pursuant NRS 294A.373 and signed by the candidateunder penalty of perjury, 30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If thespecial election is not held because a district court determines that thepetition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filingof the notice of intent to circulate the petition for recall through the dateof the district courts decision.

6. Reports ofcampaign expenses must be filed with the officer with whom the candidate filedthe declaration of candidacy or acceptance of candidacy. A candidate may mailor transmit the report to that officer by regular mail, certified mail, facsimilemachine or electronic means. A report shall be deemed to be filed with the officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

7. County clerks who receive from candidates forlegislative or judicial office, including, without limitation, the office ofjustice of the peace or municipal judge, reports of campaign expenses pursuantto this section shall file a copy of each report with the Secretary of Statewithin 10 working days after he receives the report.

(Added to NRS by 1975, 592; A 1975, 1486; 1977, 1364;1979, 488; 1981, 731; 1983, 347; 1985, 1110; 1987, 361; 1989, 2140; 1991, 1395;1995, 826, 1515; 1997, 246; 1999, 2556, 3559; 2001, 274; 2001 Special Session,169; 2003, 3005;2005, 2297)

NRS 294A.210 Certainpersons and political organizations that make expenditures on behalf ofcandidate or group of candidates to report expenditures; deadline; periodcovered; form; filing.

1. Everyperson who is not under the direction or control of a candidate for an officeat a primary election, primary city election, general election or general cityelection, of a group of such candidates or of any person involved in thecampaign of that candidate or group who makes an expenditure on behalf of thecandidate or group which is not solicited or approved by the candidate orgroup, and every committee for political action, political party or committeesponsored by a political party which makes an expenditure on behalf of such acandidate or group of candidates shall, not later than January 15 of each yearthat the provisions of this subsection apply to the person, committee orpolitical party, for the period from January 1 of the previous year throughDecember 31 of the previous year, report each expenditure made during theperiod on behalf of the candidate, the group of candidates or a candidate inthe group of candidates in excess of $100 on the form designed and provided bythe Secretary of State pursuant to NRS294A.373. The form must be signed by the person or a representative of thecommittee or political party under penalty of perjury. The provisions of thissubsection apply to the person, committee or political party beginning the yearof the general election or general city election for that office through theyear immediately preceding the next general election or general city electionfor that office.

2. Every person, committee or political partydescribed in subsection 1 which makes an expenditure on behalf of a candidatefor office at a primary election, primary city election, general election orgeneral city election or a group of such candidates shall, if the generalelection or general city election for the office for which the candidate or acandidate in the group of candidates seeks election is held on or after January1 and before the July 1 immediately following that January 1, not later than:

(a) Seven days before the primary election or primarycity election for that office, for the period from the January 1 immediatelypreceding the primary election or primary city election through 12 days beforethe primary election or primary city election;

(b) Seven days before the general election or generalcity election for that office, for the period from 11 days before the primaryelection or primary city election through 12 days before the general electionor general city election; and

(c) July 15 ofthe year of the general election or general city election for that office, forthe period from 11 days before the general election or general city electionthrough the June 30 of that year,

report eachexpenditure made during the period on behalf of the candidate, the group ofcandidates or a candidate in the group of candidates in excess of $100 on theform designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe person or a representative of the committee or political party underpenalty of perjury.

3. Everyperson, committee or political party described in subsection 1 which makes anexpenditure on behalf of a candidate for office at a primary election, primarycity election, general election or general city election or on behalf of agroup of such candidates shall, if the general election or general cityelection for the office for which the candidate or a candidate in the group ofcandidates seeks election is held on or after July 1 and before the January 1immediately following that July 1, not later than:

(a) Seven daysbefore the primary election or primary city election for that office, for theperiod from the January 1 immediately preceding the primary election or primarycity election through 12 days before the primary election or primary cityelection; and

(b) Seven daysbefore the general election or general city election for that office, for theperiod from 11 days before the primary election or primary city electionthrough 12 days before the general election or general city election,

report each expenditure made duringthe period on behalf of the candidate, the group of candidates or a candidatein the group of candidates in excess of $100 on the form designed and providedby the Secretary of State pursuant to NRS294A.373. The form must be signed by the person or a representative of thecommittee or political party under penalty of perjury.

4. Except asotherwise provided in subsection 5, every person, committee or political partydescribed in subsection 1 which makes an expenditure on behalf of a candidatefor office at a special election or on behalf of a group of such candidatesshall, not later than:

(a) Seven daysbefore the special election for the office for which the candidate or acandidate in the group of candidates seeks election, for the period from thenomination of the candidate through 12 days before the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each expenditure made duringthe period on behalf of the candidate, the group of candidates or a candidatein the group of candidates in excess of $100 on the form designed and providedby the Secretary of State pursuant to NRS294A.373. The form must be signed by the person or a representative of thecommittee or political party under penalty of perjury.

5. Everyperson, committee or political party described in subsection 1 which makes anexpenditure on behalf of a candidate for office at a special election to determinewhether a public officer will be recalled or on behalf of a group of such candidatesshall list each expenditure made on behalf of the candidate, the group ofcandidates or a candidate in the group of candidates in excess of $100 on theform designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person ora representative of the committee or political party under penalty of perjury,30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If thespecial election is not held because a district court determines that thepetition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filingof the notice of intent to circulate the petition for recall through the dateof the district courts decision.

6. Expenditures made within the State or madeelsewhere but for use within the State, including expenditures made outside theState for printing, television and radio broadcasting or other production ofthe media, must be included in the report.

7. The reportsmust be filed with:

(a) If thecandidate is elected from one county, the county clerk of that county;

(b) If thecandidate is elected from one city, the city clerk of that city; or

(c) If thecandidate is elected from more than one county or city, the Secretary of State.

8. If anexpenditure is made on behalf of a group of candidates, the reports must beitemized by the candidate. A person may mail or transmit his report to theappropriate officer by regular mail, certified mail, facsimile machine orelectronic means. A report shall be deemed to be filed with the officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the officer if the report was sent by regular mail,transmitted by facsimile machine or electronic means, or delivered personally.

9. Each county clerk or city clerk who receives areport pursuant to this section shall file a copy of the report with theSecretary of State within 10 working days after he receives the report.

10. Everyperson, committee or political party described in subsection 1 shall file areport required by this section even if he or it receives no contributions.

(Added to NRS by 1983, 1373; A 1985, 1111; 1987, 362,1141; 1989, 2141; 1991, 1396; 1997, 247; 1999, 2557; 2003, 3007)

NRS 294A.220 Personor group of persons advocating passage or defeat of question on ballot andperson or group of persons initiating or circulating petition to reportexpenditures; deadline; period covered; form; filing.

1. Everyperson or group of persons organized formally or informally who advocates the passageor defeat of a question or group of questions on the ballot at a primaryelection, primary city election, general election or general city election andevery person or group of persons who initiates or circulates a petition for aconstitutional amendment or a petition for a statewide measure proposed by aninitiative or a referendum and who receives or expends money in an amount inexcess of $10,000 to support such initiation or circulation shall, not laterthan January 15 of each year that the provisions of this subsection apply tothe person or group of persons, for the period from January 1 of the previousyear through December 31 of the previous year, report each expenditure madeduring the period on behalf of or against the question, the group of questionsor a question in the group of questions on the ballot in excess of $100 on theform designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe person or a representative of the group under penalty of perjury. Theprovisions of this subsection apply to the person or group of persons:

(a) Each yearin which an election or city election is held for a question for which theperson or group advocates passage or defeat or each year in which a person orgroup of persons receives or expends money in excess of $10,000 to support theinitiation or circulation of a petition for a constitutional amendment or apetition for a statewide measure proposed by an initiative or a referendum; and

(b) The yearafter each year described in paragraph (a).

2. If a question is on the ballot at a primaryelection or primary city election and the general election or general cityelection immediately following that primary election or primary city election isheld on or after January 1 and before the July 1 immediately following thatJanuary 1, every person or group of persons organized formally or informallywho advocates the passage or defeat of the question or a group of questionsthat includes the question shall comply with the requirements of thissubsection. If a question is on the ballot at a general election or generalcity election held on or after January 1 and before the July 1 immediatelyfollowing that January 1, every person or group of persons organized formallyor informally who advocates the passage or defeat of the question or a group ofquestions that includes the question shall comply with the requirements of thissubsection. A person or group of persons described in this subsection shall, notlater than:

(a) Seven days before the primary election or primarycity election, for the period from the January 1 immediately preceding theprimary election or primary city election through 12 days before the primaryelection or primary city election;

(b) Seven days before the general election or generalcity election, for the period from 11 days before the primary election orprimary city election through 12 days before the general election or generalcity election; and

(c) July 15 ofthe year of the general election or general city election, for the period from11 days before the general election or general city election through the June30 immediately preceding that July 15,

report each expenditure made duringthe period on behalf of or against the question, the group of questions or aquestion in the group of questions on the ballot in excess of $100 on the formdesigned and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person ora representative of the group under penalty of perjury.

3. If aquestion is on the ballot at a primary election or primary city election andthe general election or general city election immediately following thatprimary election or primary city election is held on or after July 1 and beforethe January 1 immediately following that July 1, every person or group ofpersons organized formally or informally who advocates the passage or defeat ofthe question or a group of questions that includes the question shall complywith the requirements of this subsection. If a question is on the ballot at ageneral election or general city election held on or after July 1 and beforethe January 1 immediately following that July 1, every person or group ofpersons organized formally or informally who advocates the passage or defeat ofthe question or a group of questions that includes the question shall complywith the requirements of this subsection. Every person or group of persons whoinitiates or circulates a petition for a constitutional amendment or a petitionfor a statewide measure proposed by an initiative or a referendum and who receivesor expends money in an amount in excess of $10,000 to support such initiationor circulation shall comply with the requirements of this subsection. A personor group of persons described in this subsection shall, not later than:

(a) Seven daysbefore the primary election or primary city election, for the period from theJanuary 1 immediately preceding the primary election or primary city electionthrough 12 days before the primary election or primary city election; and

(b) Seven daysbefore the general election or general city election, for the period from 11days before the primary election or primary city election through 12 daysbefore the general election or general city election,

report each expenditure made duringthe period on behalf of or against the question, the group of questions or aquestion in the group of questions on the ballot in excess of $100 on the formdesigned and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe person or a representative of the group under penalty of perjury.

4. Except asotherwise provided in subsection 5, every person or group of persons organizedformally or informally who advocates the passage or defeat of a question orgroup of questions on the ballot at a special election shall, not later than:

(a) Seven daysbefore the special election, for the period from the date the questionqualified for the ballot through 12 days before the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection,

report each expenditure made duringthe period on behalf of or against the question, the group of questions or aquestion in the group of questions on the ballot in excess of $100 on the formdesigned and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bythe person or a representative of the group under penalty of perjury.

5. Everyperson or group of persons organized formally or informally who advocates thepassage or defeat of a question or group of questions on the ballot at aspecial election to determine whether a public officer will be recalled shalllist each expenditure made during the period on behalf of or against thequestion, the group of questions or a question in the group of questions on theballot in excess of $100 on the form designed and provided by the Secretary ofState pursuant to NRS 294A.373 andsigned by the person or a representative of the group under penalty of perjury,30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If thespecial election is not held because a district court determines that thepetition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filingof the notice of intent to circulate the petition for recall through the dateof the district courts decision.

6. Expenditures made within the State or madeelsewhere but for use within the State, including expenditures made outside theState for printing, television and radio broadcasting or other production ofthe media, must be included in the report.

7. The reportsrequired pursuant to this section must be filed with:

(a) If thequestion is submitted to the voters of one county, the county clerk of thatcounty;

(b) If thequestion is submitted to the voters of one city, the city clerk of that city;or

(c) If the question is submitted to the voters of morethan one county or city, the Secretary of State.

8. If anexpenditure is made on behalf of a group of questions or a group of petitionsfor constitutional amendments, a group of petitions for statewide measuresproposed by initiative or referendum or a group of petitions for bothconstitutional amendments and statewide measures proposed by initiative orreferendum, the reports must be itemized by question or petition. A person maymail or transmit his report to the appropriate filing officer by regular mail,certified mail, facsimile machine or electronic means. A report shall be deemedto be filed with the filing officer:

(a) On the datethat it was mailed if it was sent by certified mail; or

(b) On the datethat it was received by the filing officer if the report was sent by regularmail, transmitted by facsimile machine or electronic means, or delivered personally.

9. Each county clerk or city clerk who receives areport pursuant to this section shall file a copy of the report with theSecretary of State within 10 working days after he receives the report.

(Added to NRS by 1991, 1390; A 1997, 248; 1999, 2558; 2003, 3010; 2005, 2834)

COMMITTEE FOR POLITICAL ACTION

NRS 294A.230 Registrationwith Secretary of State required; form; publication of information relating toregistration.

1. Each committee for political action shall, beforeit engages in any activity in this State, register with the Secretary of Stateon forms supplied by him.

2. The form must require:

(a) The name of the committee;

(b) The purpose for which it was organized;

(c) The names, addresses and telephone numbers of itsofficers;

(d) If the committee for political action is affiliatedwith any other organizations, the name, address and telephone number of eachorganization;

(e) The name, address and telephone number of itsresident agent; and

(f) Any other information deemed necessary by theSecretary of State.

3. A committee for political action shall file withthe Secretary of State an amended form for registration within 30 days afterany change in the information contained in the form for registration.

4. The Secretary of State shall include on his Internetwebsite the information required pursuant to subsection 2.

(Added to NRS by 1989, 2172; A 1991, 1397; 2005, 2837)

NRS 294A.240 Residentagent. Each committee for political actionshall appoint and keep in this State a resident agent who must be a naturalperson who resides in this State.

(Added to NRS by 1989, 2172)(Substituted in revisionfor NRS 294A.052)

COMMITTEE FOR THE RECALL OF A PUBLIC OFFICER

NRS 294A.250 Registration. Each committee for the recall of a public officer shallregister with the Secretary of State, on a form provided by him. Each form mustinclude:

1. The name of the committee;

2. The purpose for which it was organized;

3. The names and addresses of its officers; and

4. If the committee is organized and located outsidethis State, the name and address of its resident agent.

(Added to NRS by 1989, 1060)(Substituted in revisionfor NRS 294A.053)

NRS 294A.260 Residentagent. Each committee for the recall of apublic officer which is organized and located outside this State shall appointand keep in this State a resident agent who must be a natural person residingin this State.

(Added to NRS by 1989, 1060)(Substituted in revisionfor NRS 294A.054)

NRS 294A.270 Committeeto report contributions received or made; deadline; period covered; form;filing; details to be included in report.

1. Except as otherwise provided in subsection3, each committee for the recall of a public officer shall, not later than:

(a) Seven days before the special election to recall apublic officer, for the period from the filing of the notice of intent tocirculate the petition for recall through 12 days before the special election;and

(b) Thirty days after the election, for the remainingperiod through the election,

report eachcontribution received or made by the committee in excess of $100 on theform designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bya representative of the committee under penalty of perjury.

2. If a petition for the purpose of recalling a publicofficer is not filed before the expiration of the notice of intent, thecommittee for the recall of a public officer shall, not later than 30 daysafter the expiration of the notice of intent, report each contribution receivedby the committee, and each contribution made by the committee in excess of$100.

3. If a court does not order a special election forthe recall of the public officer, the committee for the recall of a publicofficer shall, not later than 30 days after the court determines that anelection will not be held, for the period from the filing of the notice ofintent to circulate the petition for recall through the day the court determinesthat an election will not be held, report each contribution received by thecommittee, and each contribution made by the committee in excess of $100.

4. Each report of contributions must be filed with theSecretary of State. The committee may mail or transmit the report by regularmail, certified mail, facsimile machine or electronic means. A report shall bedeemed to be filed with the Secretary of State:

(a) On the date that it was mailed if it was sent bycertified mail; or

(b) On the date that it was received by the Secretaryof State if the report was sent by regular mail, transmitted by facsimilemachine or electronic means, or delivered personally.

5. The name and address of the contributor and thedate on which the contribution was received must be included on the report foreach contribution, whether from or to a natural person, association orcorporation, in excess of $100 and contributions which a contributor or thecommittee has made cumulatively in excess of that amount since the beginning ofthe current reporting period.

(Added to NRS by 1989, 1060; A 1991, 1397; 1995,1084; 1997, 249; 1999,2558; 2003, 3012)

NRS 294A.280 Committeeto report expenditures; deadline; period covered; form; filing.

1. Except as otherwise provided in subsection3, each committee for the recall of a public officer shall, not later than:

(a) Seven days before the special election to recall apublic officer, for the period from the filing of the notice of intent tocirculate the petition for recall through 12 days before the special election;and

(b) Thirty days after the election, for the remainingperiod through the election,

report eachexpenditure made by the committee in excess of $100 on the form designed andprovided by the Secretary of State pursuant to NRS 294A.373. The form must be signed bya representative of the committee under penalty of perjury.

2. If a petition for the purpose of recalling a publicofficer is not filed before the expiration of the notice of intent, thecommittee for the recall of a public officer shall, not later than 30 daysafter the expiration of the notice of intent, report each expenditure made bythe committee in excess of $100.

3. If a court does not order a special election forthe recall of the public officer, the committee for the recall of a publicofficer shall, not later than 30 days after the court determines that anelection will not be held, for the period from the filing of the notice of intentto circulate the petition for recall through the day the court determines thatan election will not be held, report each expenditure made by the committee inexcess of $100.

4. Each report of expenditures must be filed with theSecretary of State. The committee may mail or transmit the report to theSecretary of State by regular mail, certified mail, facsimile machine orelectronic means. A report shall be deemed to be filed with the Secretary ofState:

(a) On the date that it was mailed if it was sent bycertified mail; or

(b) On the date that it was received by the Secretaryof State if the report was sent by regular mail, transmitted by facsimilemachine or electronic means, or delivered personally.

(Added to NRS by 1989, 1061; A 1991, 1398; 1995, 1085;1997, 250; 1999, 2559;2003, 3013)

REQUIRED AND PROHIBITED PRACTICES

NRS 294A.290 Codeof Fair Campaign Practices.

1. The filing officer shall give to each candidate whofiles his declaration of candidacy or acceptance of candidacy a copy of theform set forth in subsection 2. The filing officer shall inform the candidatethat subscription to the Code is voluntary.

2. The Code must be in the following form:

 

CODEOF FAIR CAMPAIGN PRACTICES

 

There are basic principles ofdecency, honesty and fair play which every candidate for public office in theState of Nevada has a moral obligation to observe and uphold, in order that,after vigorously contested but fairly conducted campaigns, the voters mayexercise their constitutional right to vote for the candidate of their choiceand that the will of the people may be fully and clearly expressed on theissues.

THEREFORE:

1. I will conduct mycampaign openly and publicly and limit attacks against my opponent tolegitimate challenges to his voting record or qualifications for office.

2. I will not use characterdefamation or other false attacks on a candidates personal or family life.

3. I will not use campaignmaterial which misrepresents, distorts or otherwise falsifies the facts, norwill I use malicious or unfounded accusations which are intended to create orexploit doubts, without justification, about the personal integrity of myopposition.

4. I will not condone anydishonest or unethical practice which undermines the American system of freeelections or impedes or prevents the full and free expression of the will ofthe voters.

I, the undersigned, as acandidate for election to public office in the State of Nevada, herebyvoluntarily pledge myself to conduct my campaign in accordance with theprinciples and practices set forth in this Code.

 

.........................................................................

Date Signatureof Candidate

 

3. A candidate who subscribes to the Code and submitsthe form set forth in subsection 2 to the filing officer may indicate on hiscampaign materials that he subscribes to the Code.

4. The Secretary of State shall provide a sufficientnumber of copies of the form to the county clerks, registrar of voters andother filing officers.

(Added to NRS by 1991, 1392; A 1997, 3471)

NRS 294A.300 Legislator,Lieutenant Governor, Lieutenant Governor-Elect, Governor or Governor-Electprohibited from soliciting or accepting contributions during certain period.

1. It is unlawful for a member of the Legislature, theLieutenant Governor, the Lieutenant Governor-Elect, the Governor or theGovernor-Elect to solicit or accept any monetary contribution, or solicit oraccept a commitment to make such a contribution for any political purposeduring the period beginning:

(a) Thirty days before a regular session of theLegislature and ending 30 days after the final adjournment of a regular sessionof the Legislature;

(b) Fifteen days before a special session of theLegislature is set to commence and ending 15 days after the final adjournmentof a special session of the Legislature, if the Governor sets a specific datefor the commencement of the special session that is more than 15 days after theGovernor issues the proclamation calling for the special session; or

(c) The day after the Governor issues a proclamationcalling for a special session of the Legislature and ending 15 days after thefinal adjournment of a special session of the Legislature if the Governor setsa specific date for the commencement of the special session that is 15 or fewerdays after the Governor issues the proclamation calling for the specialsession.

2. This section does not prohibit the payment of a salaryor other compensation or income to a member of the Legislature, the LieutenantGovernor or the Governor during a session of the Legislature if it is made forservices provided as a part of his regular employment or is additional incometo which he is entitled.

(Added to NRS by 1991, 1402; A 1995, 826; 1997, 250; 2003, 1727)

NRS 294A.310 Solicitationor acceptance of contributions on behalf of Legislator or legislative caucus bycaucus prohibited during certain period.

1. A member of an organization whose primary purposeis to provide support for Legislators of a particular political party and houseshall not solicit or accept contributions on behalf of the Legislators or theorganization, or solicit or accept a commitment to make such a contributionduring the period beginning:

(a) Thirty days before a regular session of theLegislature and ending 30 days after the final adjournment of a regular sessionof the Legislature;

(b) Fifteen days before a special session of theLegislature is set to commence and ending 15 days after the final adjournmentof a special session of the Legislature, if the Governor sets a specific datefor the commencement of the special session that is more than 15 days after theGovernor issues the proclamation calling for the special session; or

(c) The day after the Governor issues a proclamationcalling for a special session of the Legislature and ending 15 days after thefinal adjournment of a special session of the Legislature if the Governor setsa specific date for the commencement of the special session that is 15 or fewerdays after the Governor issues the proclamation calling for the specialsession.

2. A person shall not make or commit to make acontribution or commitment prohibited by subsection 1.

3. A person shall not accept a contribution on behalfof another person to avoid the prohibitions of this section.

(Added to NRS by 1991, 1402; A 1997, 251; 2003, 1727)

NRS 294A.320 Publishedmaterial concerning campaign must identify person paying for publication;exceptions.

1. Except as otherwise provided in subsection 2, it isunlawful for any person to publish any material or information relating to anelection, candidate or any question on a ballot unless that material orinformation contains:

(a) The name and mailing or street address of eachperson who has paid for or who is responsible for paying for the publication;and

(b) A statement that each such person has paid for oris responsible for paying for the publication.

2. The provisions of subsection 1 do not apply:

(a) To any candidate or to the political party of thatcandidate which pays for or is responsible for paying for any billboard, signor other form of advertisement which refers only to that candidate and in whichthe candidates name is prominently displayed.

(b) If the material is expressly approved and paid forby the candidate and the cost of preparation and publishing has been reportedby the candidate as a campaign contribution pursuant to NRS 294A.120.

(c) To a natural person who acts independently and notin cooperation with or pursuant to any direction from a business or socialorganization, nongovernmental legal entity or governmental entity.

3. Any identification that complies with therequirements of the Communications Act of 1934 and the regulations adoptedpursuant to the act shall be deemed to comply with the requirements of thissection.

4. As used in this section:

(a) Material means any printed or written matter orany photograph.

(b) Publish means the act of:

(1) Printing, posting, broadcasting, mailing orotherwise disseminating; or

(2) Causing to be printed, posted, broadcasted,mailed or otherwise disseminated,

any materialor information to the public.

(Added to NRS by 1989, 910; A 1997, 251)

NRS 294A.330 Useof term reelect in campaign. A person shallnot use the term reelect in any material, statement or publication supportingthe election of a candidate unless the candidate:

1. Was elected to the identical office with the samedistrict number, if any, in the most recent election to fill that office; and

2. Is serving and has served continuously in thatoffice from the beginning of the term to which the candidate was elected.

(Added to NRS by 1989, 961)(Substituted in revisionfor NRS 294A.057)

NRS 294A.340 Creatingimplication that candidate is incumbent. A personshall not use the name of a candidate in a way that implies that the candidateis the incumbent in office in any material, statement or publication supportingthe election of a candidate unless:

1. The candidate is qualified to use the termreelect pursuant to NRS 294A.330; or

2. The candidate:

(a) Was appointed to the identical office with the samedistrict number, if any, after the most recent election to fill that office;and

(b) Is serving and has served continuously in thatoffice since the date of appointment.

(Added to NRS by 1989, 961)(Substituted in revisionfor NRS 294A.058)

NRS 294A.341 Persuasivepoll concerning candidate must identify person or entity requesting or payingfor poll.

1. If a candidate, political party, committeesponsored by a political party or committee for political action requests orcompensates a person to:

(a) Conduct or cause to be conducted a persuasive pollby telephone concerning a candidate; or

(b) Produce automated or computerized messages bytelephone to conduct a persuasive poll concerning a candidate,

the personconducting the poll shall, at the end of the poll, disclose the name andtelephone number of the candidate, political party, committee sponsored by apolitical party or committee for political action that requested or compensatedthe person for the poll.

2. As used in this section, persuasive poll meansthe canvassing of persons, by means other than an established method ofscientific sampling, by asking questions or offering information concerning acandidate which is designed to provide information that is negative orderogatory about the candidate or his family. The term does not include a pollthat is conducted only to measure the publics opinion about or reaction to anissue, fact or theme.

(Added to NRS by 1997, 1727)

NRS 294A.342 Enforcementof provisions of NRS 294A.341: Reporting of alleged violations; institutionof court proceedings. If it appears to acounty clerk, city clerk or registrar of voters that the provisions of NRS 294A.341 have been violated, he shallreport the alleged violation, in writing, to the Secretary of State. Uponreceiving such a written report or if it otherwise appears to the Secretary ofState that the provisions of NRS 294A.341have been violated, the Secretary of State shall report the alleged violationto the attorney general. The Attorney General shall cause appropriateproceedings to be instituted and prosecuted in a court of competentjurisdiction without delay.

(Added to NRS by 1997, 1727)

NRS 294A.343 Penaltyfor violation of provisions of NRS 294A.341. Anyperson who knowingly violates the provisions of NRS 294A.341 is liable, in addition toany other penalty or remedy that may be provided by law, to a civil penalty ofnot more than $5,000 for each offense, which may be recovered by civil actionon complaint of the Attorney General. All money collected as civil penaltiespursuant to the provisions of this section must be deposited in the StateGeneral Fund.

(Added to NRS by 1997, 1727)

NRS 294A.345 Impedingsuccess of campaign of candidate by causing publication of certain falsestatements of fact concerning candidate prohibited; civil penalty imposed byCommission on Ethics. Repealed. (See chapter 469, Statutes of Nevada 2005,at page 2282.)

 

NRS 294A.346 Impedingsuccess or inducing another to impede success of campaign of candidate or forballot question prohibited; civil penalty imposed by Commission on Ethics.Repealed. (See chapter 469, Statutes of Nevada 2005,at page 2282.)

 

MISCELLANEOUS PROVISIONS

NRS 294A.350 Filingof reports required despite withdrawal of candidacy, lack of campaigncontributions or expenses, removal from ballot or special election not held onpetition for recall; time for filing reports if candidate withdraws hiscandidacy.

1. Every candidate for state, district, county,municipal or township office shall file the reports of campaign contributionsand expenses required by NRS 294A.120,294A.128, 294A.200 and 294A.360, even though he:

(a) Withdraws his candidacy;

(b) Receives no campaign contributions;

(c) Has no campaign expenses;

(d) Is removed from the ballot by court order; or

(e) Is the subject of a petition to recall and thespecial election is not held.

2. A candidate who withdraws his candidacy pursuant toNRS 293.202 may file simultaneously allthe reports of campaign contributions and expenses required by NRS 294A.120, 294A.128, 294A.200 and 294A.360, so long as each report is filedon or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.

(Added to NRS by 1977, 1363; A 1985, 1111; 1997, 766;1999, 3560; 2005, 2298)

NRS 294A.360 Timewhen candidate for city office must file reports.

1. Everycandidate for city office at a primary city election or general city electionshall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later thanJanuary 15 of each year, for the period from January 1 of the previous yearthrough December 31 of the previous year. The provisions of this subsectionapply to the candidate:

(a) Beginningthe year of the general city election for that office through the yearimmediately preceding the next general city election for that office; and

(b) Each yearimmediately succeeding a calendar year during which the candidate disposes ofcontributions pursuant to NRS 294A.160.

2. Every candidate for city office at a primary cityelection or general city election, if the general city election for the officefor which he is a candidate is held on or after January 1 and before the July 1immediately following that January 1, shall file the reports in the mannerrequired by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:

(a) Seven days before the primary city election forthat office, for the period from the January 1 immediately preceding theprimary city election through 12 days before the primary city election;

(b) Seven days before the general city election for thatoffice, for the period from 11 days before the primary city election through 12days before the general city election; and

(c) July 15 ofthe year of the general city election for that office, for the period from 11days before the general city election through the June 30 of that year.

3. Everycandidate for city office at a primary city election or general city election,if the general city election for the office for which he is a candidate is heldon or after July 1 and before the January 1 immediately following that July 1,shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not laterthan:

(a) Seven daysbefore the primary city election for that office, for the period from theJanuary 1 immediately preceding the primary city election through 12 daysbefore the primary city election; and

(b) Seven daysbefore the general city election for that office, for the period from 11 daysbefore the primary city election through 12 days before the general city election.

4. Except as otherwise provided in subsection 5, everycandidate for city office at a special election shall so file those reports:

(a) Seven days before the special election, for theperiod from his nomination through 12 days before the special election; and

(b) Thirty daysafter the special election, for the remaining period through the specialelection.

5. Everycandidate for city office at a special election to determine whether a publicofficer will be recalled shall so file those reports 30 days after:

(a) The specialelection, for the period from the filing of the notice of intent to circulatethe petition for recall through the special election; or

(b) If the special election is not held because adistrict court determines that the petition for recall is legally insufficientpursuant to subsection 5 of NRS 306.040,for the period from the filing of the notice of intent to circulate thepetition for recall through the date of the district courts decision.

(Added to NRS by 1985, 1109; A 1987, 362; 1989, 2141;1991, 1395; 1997, 252; 1999,2561; 2001Special Session, 170; 2003, 3014; 2005, 2299)

NRS 294A.362 Candidateto report campaign contributions in form of goods and services provided inkind; period covered; form.

1. In addition to reporting information pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.360, each candidate who is requiredto file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.200 or 294A.360 shall report on the formdesigned and provided by the Secretary of State pursuant to NRS 294A.373 goods and services providedin kind for which money would otherwise have been paid. The candidate shalllist on the form each such campaign contribution in excess of $100 that hereceives during the reporting period, each such campaign contribution from acontributor received during the reporting period which cumulatively exceeds$100, and each such expense in excess of $100 he incurs during the reportingperiod.

2. The Secretary of State and each city clerk shallnot require a candidate to list the campaign contributions and expensesdescribed in this section on any form other than the form designed and providedby the Secretary of State pursuant to NRS294A.373.

(Added to NRS by 2001 Special Session,166; A 2003, 3015;2005, 2300)

NRS 294A.365 Categorizationof expenditures and expenses in reports required; categories for use inreports.

1. Each report of expenditures required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of eachexpenditure in excess of $100 that was made during the periods for reporting.Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of eachexpense in excess of $100 that was incurred during the periods for reporting.The list in each report must state the category and amount of the expense orexpenditure and the date on which the expense was incurred or the expenditurewas made.

2. The categories of expense or expenditure for use onthe report of expenses or expenditures are:

(a) Office expenses;

(b) Expenses related to volunteers;

(c) Expenses related to travel;

(d) Expenses related to advertising;

(e) Expenses related to paid staff;

(f) Expenses related to consultants;

(g) Expenses related to polling;

(h) Expenses related to special events;

(i) Except as otherwise provided in NRS 294A.362, goods and services providedin kind for which money would otherwise have been paid; and

(j) Other miscellaneous expenses.

3. Each report of expenses or expenditures describedin subsection 1 must list the disposition of any unspent campaign contributionsusing the categories set forth in subsection 2 of NRS 294A.160.

(Added to NRS by 1999, 2552; A 2001 Special Session,170; 2003, 3016)

NRS 294A.370 Mediato make certain information available.

1. A newspaper, radio broadcasting station, outdooradvertising company, television broadcasting station, direct mail advertisingcompany, printer or other person or group of persons which accepts, broadcasts,disseminates, prints or publishes:

(a) Advertising on behalf of any candidate or group ofcandidates;

(b) Political advertising for any person other than acandidate; or

(c) Advertising for the passage or defeat of a questionor group of questions on the ballot,

shall,during the period beginning at least 10 days before each primary election,primary city election, general election or general city election and ending atleast 30 days after the election, make available for inspection informationsetting forth the cost of all such advertisements accepted and broadcast,disseminated or published. The person or entity shall make the informationavailable at any reasonable time and not later than 3 days after it hasreceived a request for such information.

2. For purposes of this section, the necessary costinformation is made available if a copy of each bill, receipt or other evidenceof payment made out for any such advertising is kept in a record or file,separate from the other business records of the enterprise and arrangedalphabetically by name of the candidate or the person or group which requestedthe advertisement, at the principal place of business of the enterprise.

(Added to NRS by 1975, 1484; A 1977, 1371; 1983,1374; 1987, 363, 1142; 2003,1712)

NRS 294A.373 Universalform for reporting of contributions, expenditures and expenses: Design bySecretary of State; limitation; approval by Legislative Commission; copies.

1. The Secretary of State shall design a single formto be used for all reports of campaign contributions and expenses or expendituresthat are required to be filed pursuant to NRS294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

2. The form designed by the Secretary of Statepursuant to this section must only request information specifically required bystatute.

3. Upon request, the Secretary of State shall providea copy of the form designed pursuant to this section to each person, committee,political party and group that is required to file a report described insubsection 1.

4. The Secretary of State must obtain the advice andconsent of the Legislative Commission before providing a copy of a formdesigned or revised by the Secretary of State pursuant to this section to aperson, committee, political party or group that is required to use the form.

(Added to NRS by 2003, 2995; A 2005, 2300)

NRS 294A.375 Nonprofitcorporations: Registration with Secretary of State required; publication ofregistration.

1. A nonprofit corporation shall, before it engages inany of the following activities in this State, submit the names, addresses andtelephone numbers of its officers to the Secretary of State:

(a) Soliciting or receiving contributions from anyother person, group or entity;

(b) Making contributions to candidates or otherpersons; or

(c) Making expenditures,

designed toaffect the outcome of any primary, general or special election or question onthe ballot.

2. The Secretary of State shall include on hisInternet website the information submitted pursuant to subsection 1.

(Added to NRS by 2005, 2831)

ADMINISTRATION AND ENFORCEMENT

NRS 294A.380 Powersof Secretary of State; administering provisions governing committees forpolitical action; regulations.

1. The Secretary of State may adopt and promulgateregulations, prescribe forms in accordance with the provisions of this chapterand take such other actions as are necessary for the implementation andeffective administration of the provisions of this chapter.

2. For the purposes of implementing and administeringthe provisions of this chapter regulating committees for political action:

(a) The Secretary of State shall, in determiningwhether an entity or group is a committee for political action, consider agroups or entitys division or separation into units, sections or smallergroups only if it appears that such division or separation was for a purposeother than for avoiding the reporting requirements of this chapter.

(b) The Secretary of State shall, in determiningwhether an entity or group is a committee for political action, disregard anyaction taken by a group or entity that would otherwise constitute a committeefor political action if it appears such action is taken for the purpose of avoidingthe reporting requirements of this chapter.

(Added to NRS by 1975, 592; A 1999, 2561; 2001, 1430)

NRS 294A.382 Secretaryof State prohibited from requesting or requiring listing of certain smallexpenditures or campaign expenses. TheSecretary of State shall not request or require a candidate, person, group ofpersons, committee or political party to list each of the expenditures orcampaign expenses of $100 or less on a form designed and provided pursuant to NRS 294A.373.

(Added to NRS by 2003, 1726; A 2003, 20thSpecial Session, 262)

NRS 294A.390 Distributionof forms and regulations. The officer fromwhom a candidate or entity requests a form for:

1. A declaration of candidacy;

2. An acceptance of candidacy;

3. The registration of a committee for politicalaction pursuant to NRS 294A.230 or acommittee for the recall of a public officer pursuant to NRS 294A.250; or

4. The reporting of campaign contributions, expensesor expenditures pursuant to NRS 294A.120,294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,

shallfurnish the candidate with the necessary forms for reporting and copies of theregulations adopted by the Secretary of State pursuant to this chapter. An explanationof the applicable provisions of NRS294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making,accepting or reporting of campaign contributions, expenses or expenditures andthe penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be developed by theSecretary of State and provided upon request. The candidate or entity shallacknowledge receipt of the material.

(Added to NRS by 1977, 1363; A 1983, 1375; 1985,1112; 1987, 1374; 1991, 1399; 1997, 252, 3472; 1999, 679; 2003, 3017; 2005, 2300)

NRS 294A.400 Compilationby Secretary of State of reported contributions, expenditures and loans; publicinspection. The Secretary of State shall,within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, prepare and make available forpublic inspection a compilation of:

1. The total campaign contributions, the contributionswhich are in excess of $100 and the total campaign expenses of each of thecandidates from whom reports of those contributions and expenses are required.

2. The total amount of loans to a candidate guaranteedby a third party, the total amount of loans made to a candidate that have beenforgiven and the total amount of written commitments for contributions receivedby a candidate.

3. The contributions made to a committee for therecall of a public officer in excess of $100.

4. The expenditures exceeding $100 made by a:

(a) Person on behalf of a candidate other than himself.

(b) Person or group of persons on behalf of or againsta question or group of questions on the ballot.

(c) Group of persons advocating the election or defeatof a candidate.

(d) Committee for the recall of a public officer.

5. The contributions in excess of $100 made to:

(a) A person who is not under the direction or controlof a candidate or group of candidates or of any person involved in the campaignof the candidate or group who makes an expenditure on behalf of the candidateor group which is not solicited or approved by the candidate or group.

(b) A person or group of persons organized formally orinformally who advocates the passage or defeat of a question or group ofquestions on the ballot.

(c) A committee for political action, political partyor committee sponsored by a political party which makes an expenditure onbehalf of a candidate or group of candidates.

(Added to NRS by 1975, 592; A 1977, 1365; 1979, 489;1983, 1375; 1987, 1142; 1989, 1070; 1991, 1399; 1997, 253; 2005, 2301)

NRS 294A.410 Enforcementof chapter: Reporting of alleged violations; institution of court proceedings.

1. If it appears that the provisions of this chapterhave been violated, the Secretary of State may:

(a) Conduct an investigation concerning the allegedviolation and cause the appropriate proceedings to be instituted and prosecutedin the First Judicial District Court; or

(b) Refer the alleged violation to the AttorneyGeneral. The Attorney General shall investigate the alleged violation andinstitute and prosecute the appropriate proceedings in the First JudicialDistrict Court without delay.

2. A person who believes that any provision of thischapter has been violated may notify the Secretary of State, in writing, of thealleged violation. The notice must be signed by the person alleging theviolation and include any information in support of the alleged violation.

(Added to NRS by 1975, 592; A 1975, 1486; 1977, 1365,1372; 1983, 1375; 1987, 697; 1989, 1062, 2142; 1991, 1400, 1924; 1995, 1516;1997, 253; 2005, 2278)

NRS 294A.420 Enforcementof chapter: Institution of court proceedings; civil penalty; limitation andwaiver of civil penalty.

1. If the Secretary of State receives information thata person or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or formfor registration pursuant to the applicable provisions of those sections, theSecretary of State may, after giving notice to that person or entity, cause theappropriate proceedings to be instituted in the First Judicial District Court.

2. Except as otherwise provided in this section, aperson or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty ofnot more than $5,000 for each violation and payment of court costs andattorneys fees. The civil penalty must be recovered in a civil action broughtin the name of the State of Nevada by the Secretary of State in the FirstJudicial District Court and deposited by the Secretary of State for credit tothe State General Fund in the bank designated by the State Treasurer.

3. If a civil penalty is imposed because a person orentity has reported its contributions, expenses or expenditures after the datethe report is due, except as otherwise provided in this subsection, the amountof the civil penalty is:

(a) If the report is not more than 7 days late, $25 foreach day the report is late.

(b) If the report is more than 7 days late but not morethan 15 days late, $50 for each day the report is late.

(c) If the report is more than 15 days late, $100 foreach day the report is late.

A civil penalty imposed pursuant tothis subsection against a public officer who by law is not entitled to receivecompensation for his office or a candidate for such an office must not exceed atotal of $100 if the public officer or candidate received no contributions andmade no expenditures during the relevant reporting periods.

4. For goodcause shown, the Secretary of State may waive a civil penalty that wouldotherwise be imposed pursuant to this section. If the Secretary of State waivesa civil penalty pursuant to this subsection, the Secretary of State shall:

(a) Create arecord which sets forth that the civil penalty has been waived and describesthe circumstances that constitute the good cause shown; and

(b) Ensure that the record created pursuant toparagraph (a) is available for review by the general public.

(Added to NRS by 1997, 236; A 1999, 2749; 2001, 1430, 2924, 2931; 2003, 1712, 3017; 2005, 2301)

 

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