Assembly Bill No. 305-Assemblymen Collins, Lee, Parks, Braunlin, Tiffany, Gustavson, Price, Sandoval, Manendo, Evans, Chowning, Nolan, Anderson, Ohrenschall and Amodei
March 25, 1997
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Revises provisions governing reporting of campaign contributions and expenditures. (BDR 24-930)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to elections; reducing the monetary threshold for campaign contributions that must be separately identified by candidates, certain persons who make expenditures on behalf of candidates, committees for political action and persons who advocate the passage or defeat of questions on an election ballot; reducing the monetary threshold for campaign expenditures that must be reported by certain persons who make expenditures on behalf of candidates, committees for political action, political parties, committees sponsored by a political party, persons who advocate the passage or defeat of questions on an election ballot and committees for the recall of a public officer; reducing the monetary threshold for campaign contributions that must be reported by a committee for the recall of a public officer; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 294A.120 is hereby amended to read as follows:
294A.1201. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection [2] 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Each contribution in excess of [$500] $20 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution [or contributions,] tabulated and reported on the form provided by the secretary of state.
7. If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.
8. Except as otherwise provided in this section, any candidate who violates any of the provisions of this section is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
9. If a civil penalty is imposed because a candidate has reported his campaign contributions after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
Sec. 2 NRS 294A.140 is hereby amended to read as follows:
294A.1401. Except as otherwise provided in subsection 6, every 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 which is not solicited or approved by the candidate or group and every committee for political action which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before [that] the primary election or primary city election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before [that] the primary election or primary city election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.
2. The report of campaign contributions must identify each contribution in excess of [$500.] $20. Contributions which a contributor has made cumulatively in excess of [$500] $20 since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution [or contributions] tabulated and reported on the form designed and provided by the secretary of state.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
6. The provisions of this section do not apply to a political party or committee sponsored by a political party.
Sec. 3 NRS 294A.150 is hereby amended to read as follows:
294A.1501. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last general election [for that office] to 20 days before [that] the primary election or primary city election;
(b) Fifteen days before a general election or general city election, [whether or not the candidate won the primary election or primary city election,] for the period from 20 days before [that] the primary election or primary city election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the total amount of contributions received on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.
2. Each contribution in excess of [$500] $20 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor and the date of the contribution [or contributions] tabulated and reported on the form provided by the secretary of state.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 4 NRS 294A.210 is hereby amended to read as follows:
294A.2101. Every 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 which is not solicited or approved by the candidate or group, every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before [that] the primary election or primary city election;
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before [that] the primary election or primary city election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report the expenditures made on behalf of a candidate or group of candidates in excess of [$500] $20 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of [$500] $20 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the group's [own] members on behalf of a candidate or group of candidates must not be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 5 NRS 294A.220 is hereby amended to read as follows:
294A.2201. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last general election [for that office] to 20 days before [that] the primary election or primary city election;
(b) Fifteen days before a general election or general city election , [whether or not the candidate won the primary election or primary city election,] for the period from 20 days before [that] the primary election or primary city election to 20 days before the general election or general city election; and
(c) The 15th day of the second month after [a] the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
report expenditures made on behalf of or against a question or group of questions on the ballot in excess of [$500] $20 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of [$500] $20 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the group's [own] members on behalf of or against a question or group of questions must not be included in the report.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 6 NRS 294A.270 is hereby amended to read as follows:
294A.2701. Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:
(a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each contribution received or made by the committee in excess of [$500] $20 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of [$500.] $20.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of [$500.] $20.
4. Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Each contribution, whether from or to a natural person, association or corporation, in excess of [$500,] $20 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period [,] must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution [or contributions,] tabulated and reported on the form provided by the secretary of state.
6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.
Sec. 7 NRS 294A.280 is hereby amended to read as follows:
294A.2801. Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:
(a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
report each expenditure made by the committee in excess of [$500] $20 on a form provided by the secretary of state and signed under [the penalty for] penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of [$500.] $20.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of [$500.] $20.
4. The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of [$500] $20 since the beginning of the first reporting period.
5. Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.
Sec. 8 NRS 294A.400 is hereby amended to read as follows:
294A.400The secretary of state shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, prepare and make available for public inspection a compilation of:
1. The total campaign contributions, the contributions which are in excess of [$500] $20 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required.
2. The contributions made to a committee for the recall of a public officer in excess of [$500.] $20.
3. The expenditures exceeding [$500] $20 made by a:
(a) Person on behalf of a candidate other than himself.
(b) Person or group of persons on behalf of or against a question or group of questions on the ballot.
(c) Group of persons advocating the election or defeat of a candidate.
(d) Committee for the recall of a public officer.
4. The contributions in excess of [$500] $20 made to:
(a) A 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 who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.
(b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.
(c) A committee for political action which makes an expenditure on behalf of a candidate or group of candidates.
Sec. 9 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 10 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.