NAC: CHAPTER 294A - CAMPAIGN PRACTICES

[Rev. 7/13/2011 12:36:48 PM]

CHAPTER 294A - CAMPAIGN PRACTICES

GENERAL PROVISIONS

294A.010 Definitions.

294A.020 Construction of chapter.

294A.030 Severability.

CAMPAIGN CONTRIBUTIONS AND EXPENSES

294A.040 General reporting requirements.

294A.041 Use of personal funds of candidate; contributions from members of family of candidate.

294A.043 Report of contributions made in form of services provided in kind.

294A.045 Filing of certain reports by candidate who withdraws his or her candidacy or loses primary election.

294A.050 Distribution of forms for reports and copies of chapter.

294A.075 Form of report of expenses: Required information.

294A.080 Form of report of contributions: Series of contributions.

294A.086 Reporting of candidates and elected officials who fail to file certain reports.

294A.089 Return of contributions.

294A.091 Determination of period for which contribution must be reported.

294A.097 Waiver or reduction of civil penalty for good cause.

294A.098 Use of contributions to satisfy civil or criminal penalty prohibited.

MISCELLANEOUS PROVISIONS

294A.100 Recall or special election: Report of advocacy regarding candidate or question.

294A.110 Committee for political action: Execution of amended form for registration; deletion of name from list of active committees.

294A.115 Ballot advocacy group: Execution of amended form for registration; filing of notice of inactivity.

294A.120 Notification of candidate of alleged violation of chapter 294A of NRS.

294A.130 Creation of implication of nonincumbency in office.

294A.140 Submission of report of certain information concerning compensation of persons to circulate petitions.

GENERAL PROVISIONS

NAC 294A.010 Definitions. (NRS 293.124, 294A.380) As used in this chapter, unless the context otherwise requires:

1. “Campaign expenses” has the meaning ascribed to it in NRS 294A.004.

2. “Candidate” has the meaning ascribed to it in NRS 294A.005.

3. “Contribution” has the meaning ascribed to it in NRS 294A.007.

[Sec’y of State, Election Campaign Practices Reg. §§ 2.1, 5.1 & 8.1, eff. 12-28-79]

NAC 294A.020 Construction of chapter. (NRS 293.124, 294A.380) The provisions of this chapter will be liberally construed to carry out the purposes of chapter 294A of NRS on election campaign practices.

[Sec’y of State, Election Campaign Practices Reg. § 1.2, eff. 12-28-79]

NAC 294A.030 Severability. (NRS 293.124, 294A.380) If any of the provisions of this chapter or any applications thereof to any person, thing, or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

[Sec’y of State, Election Campaign Practices Reg. § 1.3, eff. 12-28-79]

CAMPAIGN CONTRIBUTIONS AND EXPENSES

NAC 294A.040 General reporting requirements. (NRS 293.124, 294A.380)

1. Any campaign contribution received or campaign expense incurred or paid on a candidate’s behalf by his or her campaign committee, by his or her personal representative, or by any other authorized person during a period for which a report is required must be reported as the candidate’s campaign contribution or expense.

2. Reporting requirements are not removed by special circumstances.

[Sec’y of State, Election Campaign Practices Reg. §§ 2.2, 2.3 & 8.2, eff. 12-28-79]—(NAC A by R072-06, 7-14-2006)

NAC 294A.041 Use of personal funds of candidate; contributions from members of family of candidate. (NRS 293.124, 294A.380)

1. The use of personal funds of a candidate for campaign expenses shall be deemed contributions to his or her campaign that:

(a) Are not subject to any limits; and

(b) Must be properly reported.

2. A contribution to a candidate for any office from a member of the family of the candidate is subject to the same limits and reporting requirements set forth in chapter 294A of NRS that apply to any other contribution.

(Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002)

NAC 294A.043 Report of contributions made in form of services provided in kind. (NRS 293.124, 294A.380)

1. A person who makes a contribution in the form of services provided in kind for which money would have otherwise been paid to a:

(a) Candidate;

(b) Committee for political action, political party or committee sponsored by a political party;

(c) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group that is not solicited or approved by the candidate or group;

(d) Person or group of persons organized formally or informally which advocates the passage or defeat of a question or group of questions on the ballot; or

(e) Committee for the recall of a public officer,

Ê shall, within 30 days after the time he or she furnishes those services, provide to the recipient a statement signed by him or her that sets forth the actual cost of those services or, if that amount cannot be determined, the fair market value of those services.

2. A candidate, committee, political party or other person shall include the amount set forth in the statement provided pursuant to subsection 1 in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360, unless the candidate, committee, political party or other person knows or should have known that the amount is not accurate.

3. If a candidate, committee, political party or other person knows or should have known that the amount set forth in the statement provided pursuant to subsection 1 is not accurate, he or she shall include in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360 the amount that he or she determines is the actual cost of the services or, if he or she cannot determine the actual cost, the fair market value of the services.

(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

NAC 294A.045 Filing of certain reports by candidate who withdraws his or her candidacy or loses primary election. (NRS 293.124, 294A.350, 294A.380)

1. A candidate for state, district, county, municipal or township office who withdraws his or her candidacy may, if he or she does not accept any additional campaign contributions and has no additional campaign expenses relating to that office, file all the reports of campaign contributions and expenses required pursuant to NRS 294A.120, 294A.200 and 294A.360 at the time he or she submits a notice of withdrawal to the appropriate filing officer.

2. A candidate for state, district, county, municipal or township office who loses a primary election may, if he or she does not accept any additional campaign contributions and has no additional campaign expenses relating to that office, file a report of campaign contributions and expenses required pursuant to paragraph (c) of subsection 1 of NRS 294A.120, 294A.200 or 294A.360 at the time he or she submits a report required pursuant to paragraph (b) of subsection 1 of NRS 294A.120, 294A.200 or 294A.360.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R183-01, 5-10-2002)

NAC 294A.050 Distribution of forms for reports and copies of chapter. (NRS 293.124, 294A.380) The Secretary of State will distribute forms for reporting campaign contributions and expenditures and copies of this chapter to county clerks, city clerks and registrars of voters.

[Sec’y of State, Election Campaign Practices Reg. § 9.1, eff. 12-28-79]

NAC 294A.075 Form of report of expenses: Required information. (NRS 293.124, 294A.380)

1. The form of the report of campaign expenses required to be filed pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280 or 294A.360 must include:

(a) For each expenditure of more than $100:

(1) The category of the expenditure;

(2) Except as otherwise provided in subsection 2, the name and address of the person who received payment for the expenditure; and

(3) The amount and date of the payment for the expenditure.

(b) The total amount spent for all categories of expenditures.

2. A report of campaign expenses required to be filed pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280 or 294A.360 is not required to include the names and addresses of each person who received payment for circulating a petition for purposes of gathering signatures, provided that such report contains the total amount paid to such circulators as a group and, if such payments were calculated on a per signature basis, the amount paid per signature.

(Added to NAC by Sec’y of State, eff. 3-22-94; A 3-15-96; R217-97, 5-26-98; R183-01, 5-10-2002; R072-06, 7-14-2006)

NAC 294A.080 Form of report of contributions: Series of contributions. (NRS 293.124, 294A.380) On the form of the report of campaign contributions required to be filed pursuant to NRS 294A.120 or 294A.125, if a candidate has received a series of contributions from any natural person or other entity during a reporting period and the contributions total over $100, the series must be treated as a single contribution and be separately identified on the candidate’s report, with the name and address of the contributor and the date of each contribution in the series.

[Sec’y of State, Election Campaign Practices Reg. § 5.2, eff. 12-28-79]—(NAC A 3-22-94; R217-97, 5-26-98; R013-00, 4-4-2000; R072-06, 7-14-2006)

NAC 294A.086 Reporting of candidates and elected officials who fail to file certain reports. (NRS 293.124, 294A.380) Each county clerk and city clerk shall transmit to the Secretary of State a list of those candidates and elected officials who fail to file the reports required pursuant to NRS 294A.120, 294A.200 and 294A.360 by the date each report is due within 10 days after the date the report was due.

(Added to NAC by Sec’y of State by R163-07, eff. 12-4-2007)

NAC 294A.089 Return of contributions. (NRS 293.124, 294A.380)

1. Except as otherwise provided in subsection 3, any:

(a) Candidate;

(b) Representative of a committee for political action, committee sponsored by a political party or political party;

(c) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group which makes an expenditure on behalf of the candidate or group that is not solicited or approved by the candidate or group;

(d) Person or the representative of a group of persons organized formally or informally which advocates the passage or defeat of a question or group of questions on the ballot at any election; or

(e) Representative of a committee for the recall of a public officer,

Ê who returns a contribution within 14 days after he or she or any person who is authorized to receive contributions on his or her behalf receives the contribution, is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360.

2. If a person returns a contribution more than 14 days after he or she or any person who is authorized to receive contributions on his or her behalf receives the contribution:

(a) He or she shall report it as a contribution pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360; and

(b) The return of the contribution shall be deemed a campaign expense and must be reported as such pursuant to the provisions of NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280 or 294A.360.

3. A person described in subsection 1 who does not have personal knowledge of a contribution that is received by a person who is authorized to receive contributions on his or her behalf until more than 14 days after the contribution is received is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360 if the person:

(a) Returns the contribution within 14 days after he or she has personal knowledge of the contribution; and

(b) Includes in the next report he or she submits pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360 an affidavit signed by him or her under penalty of perjury attesting that he or she:

(1) Did not have personal knowledge of the contribution until more than 14 days after a person authorized to receive contributions on his or her behalf received the contribution; and

(2) Returned the contribution within 14 days after he or she had personal knowledge of the receipt of the contribution.

(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

NAC 294A.091 Determination of period for which contribution must be reported. (NRS 293.124, 294A.380) For the purpose of determining the period for which a contribution must be reported pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.270 or 294A.360, a contribution shall be deemed to have been received 14 days after a person described in subsection 1 of NAC 294A.089 or any person who is authorized to accept contributions on behalf of that person has knowledge of and actual physical possession of the contribution. The date on a check or other negotiable instrument is not conclusive evidence of the date of the receipt of a contribution.

(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

NAC 294A.097 Waiver or reduction of civil penalty for good cause. (NRS 293.124, 294A.380, 294A.420)

1. The Secretary of State may waive a civil penalty for good cause pursuant to subsection 4 of NRS 294A.420, if the person or entity that is subject to a civil penalty pursuant to subsection 2 of NRS 294A.420:

(a) Files a written request for a waiver setting forth the basis for the waiver;

(b) Properly files the appropriate report pursuant to the applicable provisions of NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360; and

(1) Within a reasonable time before or on the date the applicable report was due, the candidate or a member of the family of the candidate, within the second degree of consanguinity or affinity, died, had a serious medical condition or was hospitalized;

(2) The candidate is experiencing extreme financial hardship to the extent that payment of the penalty would result directly in the loss or inability of the candidate to obtain the minimal necessities of food, medicine and shelter;

(3) The candidate or each officer and representative of the entity is or was a member of the Armed Forces of the United States serving outside of the State or country within a reasonable period of time before or on the date the applicable report was due and the candidate or each officer and representative of the entity executes an affidavit under penalty of perjury attesting to such facts;

(4) The candidate has been directly impacted by a natural disaster;

(5) The entity is organized as a nonprofit under the laws of the State of Nevada, has no paid employees and is comprised only of volunteers and:

(I) The representative of the entity who is responsible for filing the appropriate report on behalf of the entity pursuant to the applicable provisions of NRS 294A.140, 294A.150, 294A.210, 294A.220, 294A.270 or 294A.280, or a member of the family of such a representative, meets the conditions set forth in subparagraph (1) of paragraph (c); or

(II) The representative of the entity who is responsible for filing the appropriate report on behalf of the entity pursuant to the applicable provisions of NRS 294A.140, 294A.150, 294A.210, 294A.220, 294A.270 or 294A.280 has, without notice, severed his or her relationship with the entity within a reasonable time before or on the date that the applicable report was due; or

(6) The violation was not due to mere inadvertence, mistake or neglect, and circumstances exist of a similarly serious nature as set forth in this subsection to justify a waiver of the civil penalty, including, without limitation, an obligation to report for active military service or to serve in an official capacity in response to a public emergency.

2. The Secretary of State, with the approval of the Attorney General and for good cause, may reduce a civil penalty imposed pursuant to subsection 2 of NRS 294A.420 if:

(a) The penalty is being imposed for a failure to properly file a report or form for registration; and

(b) The person or entity that is subject to a civil penalty pursuant to subsection 2 of NRS 294A.420 first properly files the appropriate report or form.

(Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002; A by R072-06, 7-14-2006; R163-07, 12-4-2007)

NAC 294A.098 Use of contributions to satisfy civil or criminal penalty prohibited. (NRS 293.124, 294A.380) A candidate shall not use campaign contributions to satisfy a civil penalty or criminal penalty imposed by law.

(Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002; A by R072-06, 7-14-2006)

MISCELLANEOUS PROVISIONS

NAC 294A.100 Recall or special election: Report of advocacy regarding candidate or question. (NRS 293.124, 294A.380)

1. In a recall or special election, a person who advocates:

(a) The election of a candidate other than himself or herself to national, congressional, state, district, county, municipal or township office;

(b) The defeat of a candidate other than his or her opponent in a national, congressional, state, district, county, municipal or township election;

(c) The election or defeat of a group of candidates not including himself or herself or his or her opponent for national, congressional, state, district, county, municipal or township office; or

(d) The passage or defeat of a question or a group of questions on the ballot at any election,

Ê shall file the report prescribed by the Secretary of State no later than 30 days after the election.

2. The report required by subsection 1 must address:

(a) In a recall election, the period after the filing of notice to circulate a recall petition up to the recall election.

(b) In a special election, the period 180 days before the special election.

3. The provisions of this section apply to groups of persons, whether formally or informally organized, who advocate the election or defeat of a candidate or group of candidates, or the passage or defeat of a question or group of questions on a ballot, at any election.

(Added to NAC by Sec’y of State, eff. 7-18-88)

NAC 294A.110 Committee for political action: Execution of amended form for registration; deletion of name from list of active committees. (NRS 293.124, 294A.230, 294A.380)

1. An amended form for registration required pursuant to subsection 3 of NRS 294A.230 must be signed by an officer of the committee for political action filing the form or the registered agent of the committee.

2. A committee for political action becomes inactive when:

(a) An officer or the registered agent of the committee files with the Secretary of State a written notice that the committee for political action has ceased to engage in political activities in this State; or

(b) The Secretary of State receives mail stamped by the postal service and returned from the address of record of the committee for political action on the most recent registration form on file in the office of the Secretary of State stating that the addressee has moved and did not leave a forwarding address.

3. Upon receipt of such a notice or returned mail, the Secretary of State will delete the name of the committee from each list of active committees for political action which the Secretary of State maintains in his or her office.

4. As used in this section, an “officer” or “registered agent” of a committee for political action means a person who is listed as such on the committee’s form for registration on file with the Secretary of State.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R183-01, 5-10-2002; R163-07, 12-4-2007)

NAC 294A.115 Ballot advocacy group: Execution of amended form for registration; filing of notice of inactivity. (NRS 293.124, 294A.230, 294A.380)

1. An amended form for registration filed by a ballot advocacy group pursuant to subsection 3 of NRS 294A.230 must be signed by an officer of the ballot advocacy group or the registered agent of the ballot advocacy group.

2. A ballot advocacy group becomes inactive:

(a) When the final vote is cast in the election in which the question or group of questions for which the ballot advocacy group is advocating the passage or defeat appears on the ballot; or

(b) If the election in which the question or group of questions for which the ballot advocacy group is advocating the passage or defeat appears on the ballot is the subject of a challenge or recount, when the challenge or recount is completed.

3. A ballot advocacy group must file a notice of inactivity with the Secretary of State not later than 30 days after becoming inactive.

4. The notice of inactivity required pursuant to subsection 3:

(a) Must be on a form prescribed by the Secretary of State; and

(b) Must include, without limitation:

(1) The name, address and phone number of the ballot advocacy group;

(2) The name of the registered agent of the ballot advocacy group; and

(3) The question or group of questions for which the ballot advocacy group is advocating the passage or defeat.

5. As used in this section, “ballot advocacy group” means a person or group of persons required to report campaign contributions and expenditures pursuant to NRS 294A.150 and 294A.220 or required to file a statement of organization pursuant to NRS 294A.281.

(Added to NAC by Sec’y of State by R163-07, eff. 12-4-2007; A by R018-07, 9-18-2008)

NAC 294A.120 Notification of candidate of alleged violation of chapter 294A of NRS. (NRS 293.124, 294A.380) If the Secretary of State receives written notice that a candidate or public officer is alleged to have violated a provision of chapter 294A of NRS, the Secretary of State will notify the candidate or public officer of the alleged violation by certified mail.

(Added to NAC by Sec’y of State, eff. 3-15-96; A by R013-00, 4-4-2000; R183-01, 5-10-2002)

NAC 294A.130 Creation of implication of nonincumbency in office. (NRS 293.124, 294A.340, 294A.380) For the purposes of NRS 294A.340, the use of the term “elect” or “for” in any material, statement or publication supporting the election of a candidate creates the implication of nonincumbency in office.

(Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002)

NAC 294A.140 Submission of report of certain information concerning compensation of persons to circulate petitions. (NRS 293.124, 294A.284, 294A.380) Each person or group of persons required to report compensation to individuals pursuant to NRS 294A.284 shall submit the report on a form prescribed by the Secretary of State within 15 days after the petition is submitted for the verification of signatures.

(Added to NAC by Sec’y of State by R163-07, eff. 12-4-2007)