NAC: CHAPTER 294A - CAMPAIGN PRACTICES

[Rev. 12/2/2022 3:25:28 PM]

[NAC-294A Revised Date: 11-22]

CHAPTER 294A - CAMPAIGN PRACTICES

GENERAL PROVISIONS

294A.010 Definitions.

294A.020 Construction of chapter.

294A.030 Severability.

CONTRIBUTIONS AND CAMPAIGN EXPENSES

294A.040 General reporting requirements.

294A.0405 Signature requirement for reports.

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.050 Distribution of copies of chapter.

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

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

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; liability of officers of committee for political action.

MISCELLANEOUS PROVISIONS

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

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

294A.135 Factors for determining whether statement or communication “advocates expressly” or “expressly advocates.”

294A.145 Factors for determining whether candidate, group of candidates, question or group of questions is “clearly identified” in statement or communication.

NONPROFIT CORPORATIONS

294A.200 Registration requirements.

COMMITTEE FOR POLITICAL ACTION

294A.250 Execution of amended form for registration and annual form for registration; inactivity; deletion of name from list of active committees.

294A.260 Affiliation with another organization.

294A.270 Reporting of certain information concerning compensation of persons to circulate petitions.

COMMITTEE FOR THE RECALL OF A PUBLIC OFFICER

294A.300 Deadline for registration.

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.0035.

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

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

4. “Expenditures” has the meaning ascribed to it in NRS 294A.0075.

[Sec’y of State, Election Campaign Practices Reg. §§ 2.1, 5.1 & 8.1, eff. 12-28-79]—(NAC A by R111-11, 12-30-2011)

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]

CONTRIBUTIONS AND CAMPAIGN EXPENSES

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

1. Any 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 contribution or campaign 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; R130-13, 2-26-2014)

NAC 294A.0405 Signature requirement for reports. (NRS 293.124, 294A.380) A candidate must personally sign any report that he or she is required to submit pursuant to chapter 294A of NRS.

(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

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;

(d) 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 chapter 294A of NRS, 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 appropriate report required to be filed pursuant to the provisions of chapter 294A of NRS 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; A by R111-11, 12-30-2011; R130-13, 2-26-2014)

NAC 294A.050 Distribution of copies of chapter. (NRS 293.124, 294A.380) The Secretary of State will distribute 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 A by R111-11, 12-30-2011)

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

1. The form of a report of campaign expenses required to be filed pursuant to chapter 294A of NRS must include:

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

(1) The category of the expenditure as described in subsection 2 of NRS 294A.365;

(2) Except as otherwise provided in subsection 3, 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. In addition to the requirements of subsection 1, in the case of a report of campaign expenses that a candidate is required to file pursuant to NRS 294A.125 or 294A.200, the form of the report must include, in the aggregate, expenditures which are less than $100.

3. A report of campaign expenses required to be filed pursuant to chapter 294A of NRS 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; R111-11, 12-30-2011; R130-13, 2-26-2014)

NAC 294A.080 Form of report of contributions: Series of contributions. (NRS 293.124, 294A.380) On the form of a report of contributions required to be filed pursuant to chapter 294A of NRS, 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; R130-13, 2-26-2014)

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;

(d) 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 chapter 294A of NRS.

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 chapter 294A of NRS; and

(b) The return of the contribution shall be deemed a campaign expense and must be reported as such pursuant to the provisions of chapter 294A of NRS.

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 chapter 294A of NRS 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 chapter 294A of NRS 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; A by R111-11, 12-30-2011; R130-13, 2-26-2014)

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 chapter 294A of NRS, 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; A by R111-11, 12-30-2011; R130-13, 2-26-2014)

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, committee for political action or entity that is subject to a civil penalty pursuant to 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 chapter 294A of NRS; 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 committee for political action or 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 committee for political action or 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 chapter 294A of NRS, 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 chapter 294A of NRS 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 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, committee for political action or entity that is subject to a civil penalty pursuant to NRS 294A.420 first properly files the appropriate report or form.

3. The Secretary of State will not waive or reduce a civil penalty imposed pursuant to NRS 294A.420 for good cause on the basis that the Secretary of State did not send a reminder notice that a report or form for registration was due before the applicable deadline.

(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; R111-11, 12-30-2011; R130-13, 2-26-2014; R082-21, 2-28-2022)

NAC 294A.098 Use of contributions to satisfy civil or criminal penalty prohibited; liability of officers of committee for political action. (NRS 293.124, 294A.380)

1. A candidate shall not use contributions to satisfy a civil penalty or criminal penalty imposed by law.

2. A committee for political action shall not use contributions to satisfy a civil penalty or criminal penalty imposed by law.

3. Each officer of a committee for political action is jointly and severally liable for any civil penalty or criminal penalty imposed on the committee for political action.

(Added to NAC by Sec’y of State by R183-01, eff. 5-10-2002; A by R072-06, 7-14-2006; R111-11, 12-30-2011; R130-13, 2-26-2014)

MISCELLANEOUS PROVISIONS

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.135 Factors for determining whether statement or communication “advocates expressly” or “expressly advocates.” (NRS 293.124, 294A.380) For the purposes of chapter 294A of NRS, in determining whether a statement or communication “advocates expressly” or “expressly advocates” for or against a clearly identified candidate, group of candidates, question or group of questions on the ballot at a primary election, general election or special election, the Secretary of State will consider, without limitation, the relation in time of the statement or communication to:

1. The primary election, general election or special election, as applicable, in which the candidate, group of candidates, question or group of questions will appear on the ballot; or

2. A regular or special session of the Legislature.

(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

NAC 294A.145 Factors for determining whether candidate, group of candidates, question or group of questions is “clearly identified” in statement or communication. (NRS 293.124, 294A.380) For the purposes of chapter 294A of NRS, in determining whether a candidate, group of candidates, question or group of questions is “clearly identified” in a statement or communication, the Secretary of State will consider whether the statement or communication includes any name, nickname, title, image, photograph, phrase or other description of the candidate, group of candidates, question or group of questions, as applicable.

(Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

NONPROFIT CORPORATIONS

NAC 294A.200 Registration requirements. (NRS 293.124, 293.247) The registration requirements for a nonprofit corporation set forth in NRS 294A.225 are in addition to the registration requirements for a nonprofit corporation set forth in NRS 82.081 and 82.523.

(Added to NAC by Sec’y of State by R124-11, eff. 12-30-2011)

COMMITTEE FOR POLITICAL ACTION

NAC 294A.250 Execution of amended form for registration and annual form for registration; inactivity; deletion of name from list of active committees. (NRS 293.124, 294A.230, 294A.380)

1. An amended form for registration required pursuant to paragraph (a) of subsection 4 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 for political action.

2. The annual form for registration required pursuant to paragraph (b) of subsection 4 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 for political action.

3. A committee for political action becomes inactive when:

(a) An officer or the registered agent of the committee for political action 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;

(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;

(c) The committee for political action does not file the annual form for registration required pursuant to paragraph (b) of subsection 4 of NRS 294A.230; or

(d) If the committee for political action is subject to the provisions of NRS 294A.150 or 294A.220:

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

(2) If the election in which the question or group of questions for which the committee for political action 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.

4. A written notice of inactivity of a committee for political action:

(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 committee for political action;

(2) The name of the registered agent of the committee for political action; and

(3) The question or group of questions for which the committee for political action is advocating the passage or defeat, if applicable.

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

6. 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; R111-11, 12-30-2011; R130-13, 2-26-2014)—(Substituted in revision for NAC 294A.110)

NAC 294A.260 Affiliation with another organization. (NRS 293.124, 294A.230, 294A.380) As used in NRS 294A.230, a committee for political action is affiliated with another organization if:

1. The committee for political action and the organization have the same officers, directors or registered agents; or

2. The same persons have authority or influence over decision making within the committee for political action and the organization.

(Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

NAC 294A.270 Reporting of certain information concerning compensation of persons to circulate petitions. (NRS 293.124, 294A.230, 294A.380)

1. Each committee for political action that advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum and that provides compensation to persons to circulate petitions shall report to the Secretary of State:

(a) The number of persons to whom such compensation is provided;

(b) The least amount of such compensation that is provided and the greatest amount of such compensation that is provided; and

2. The report required pursuant to subsection 1 must be submitted to the Secretary of State on the form prescribed by the Secretary of State not later than 15 days after the committee for political action has completed gathering signatures for the petition.

3. The Secretary of State will make public any information received pursuant to this section.

(Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

COMMITTEE FOR THE RECALL OF A PUBLIC OFFICER

NAC 294A.300 Deadline for registration. (NRS 293.124, 294A.250, 294A.380, 306.011) A committee for the recall of a public officer that files a notice of intent to circulate a petition to recall a public officer pursuant to NRS 306.015 shall register with the Secretary of State pursuant to NRS 294A.250 not later than 10 days after the date on which the notice of intent was filed.

(Added to NAC by Sec’y of State by R084-21, eff. 2-28-2022)