Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Makes various changes relating to campaign practices. (BDR 24-152)
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 campaign practices; requiring each contribution to be identified separately; requiring each expenditure made on behalf of or against a question on an election ballot or on behalf of a candidate or group of candidates to be reported; limiting the amount of contributions a political party or a committee sponsored by a political party may contribute to a candidate; requiring certain persons who receive contributions to open and maintain a separate account for the deposit of those contributions; requiring certain persons who receive contributions to file an annual report with the secretary of state; prohibiting a person from making a contribution in the name of another person; requiring a political party or a committee sponsored by a political party that makes expenditures on behalf of a candidate or group of candidates to report the contributions it receives; providing penalties; 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 Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2 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 a contribution to be made in the name of another person or assist in the making of a contribution in the name of another person;
(c) Knowingly assist a person to make a contribution in the name of another person; or
(d) Knowingly accept a contribution made by a person in the name of another person.
2. A person who violates any of the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "make a contribution in the name of another person" includes, without limitation:
(a) Giving money or an item of value, all or part of which was provided by another person, without disclosing the source of the money 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 of which belongs to the person who is giving the money or item of value, and claiming that the money or item of value belongs to another person.
Sec. 3 1. A person, other than a candidate, who receives more than $100 in contributions shall open and maintain a separate account in a financial institution for the deposit of any contributions he receives.
2. If the contributions deposited in the account were made:
(a) On behalf of a:
(1) Candidate in a special election, a person may close the account after the special election;
(2) Candidate who was defeated in the primary election or primary city election, a person may close the account after the primary election or primary city election; or
(3) Candidate who won the primary election or primary city election, a person may close the account after the general election or general city election;
(b) On behalf of a person who intended to become a candidate for a public office but who did not file a declaration, acceptance or affidavit of candidacy for that public office, a person may close the account after the close of filing for that public office; or
(c) In support of, or in opposition to, a question or group of questions on the ballot for an election, a person may close the account after the election,
and as soon as all payments of money committed have been made.
3. A person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 4 1. In addition to any other report that a person is required to file pursuant to this chapter, a person shall, not later than February 1 of each year, report to the secretary of state the total amount of contributions received during the preceding year. The report must be submitted on a form designed and provided by the secretary of state and signed by the person filing the report under penalty of perjury.
2. The report may be submitted to the secretary of state by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
3. Each contribution must be separately identified with the name and address of the contributor and the date of the contribution and tabulated.
4. The secretary of state shall, within 30 days after receipt of the reports required by this section, prepare and make available for public inspection the information contained in the reports filed pursuant to this section.
5. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 5 1. A person shall not, as a condition for the making of a contribution to a committee sponsored by a political party, require or request the committee to give the contribution to a specific candidate.
2. A committee sponsored by a political party shall not accept a contribution made in violation of subsection 1.
3. A person who violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 6 NRS 294A.0055 is hereby amended to read as follows:
294A.0055"Committee for political action" means an organization which receives contributions, makes contributions to candidates or other persons or makes expenditures designed to affect the outcome of any primary, general or special election or question on the ballot. The term includes a political party and a committee sponsored by a political party. The term does not include a committee for the recall of a public officer.
Sec. 7 NRS 294A.007 is hereby amended to read as follows:
294A.007"Contribution" means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes the payment by any person other than a candidate of compensation for the personal services of another person , which are rendered to a:
1. Candidate;
2. 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;
3. Person for a political purpose;
4. 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; or
[4.] 5. 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,
without charge to the candidate, person , political party or committee.
Sec. 8 NRS 294A.100 is hereby amended to read as follows:
294A.100 1. A [natural] person shall not make a contribution or contributions to a candidate for [:
(a) A city, county, state or judicial office in a total amount which exceeds $2,000; or
(b) A statewide office in a total] any office, except a federal office, in an amount which exceeds [$10,000,] $5,000 for the primary election or primary city election, regardless of the number of candidates for the office, and $5,000 for the general election or general city election, regardless of the number of candidates for the office, during the period [beginning on the day after the last general election for the office and ending on the day of the general election for that office.] :
(a) Beginning from 30 days before the regular session of the legislature immediately following the last election for the office and ending 30 days before the regular session of the legislature immediately following 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 for the office and ending 30 days before the next general city election for the office, if that office is a city office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who willfully violates any provision of this section is guilty of a [misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.
Sec. 9 NRS 294A.120 is hereby amended to read as follows:
294A.120 1. 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 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 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,] and 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. 10 NRS 294A.140 is hereby amended to read as follows:
294A.140 1. [Except as otherwise provided in subsection 6, every] Each 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] each 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 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 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. Contributions which a contributor has made cumulatively in excess of $500 since the beginning of the first reporting period] Each contribution must be separately identified with the name and address of the contributor and the date of the contribution [or contributions] and 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. 11 NRS 294A.150 is hereby amended to read as follows:
294A.150 1. 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 election for that office to 20 days before that 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 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 signed by the person or a representative of the group under penalty of perjury.
2. Each contribution [in excess of $500 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] and 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. 12 NRS 294A.210 is hereby amended to read as follows:
294A.210 1. 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 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 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] 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 since the beginning of the first reporting period.
2. Expenditures]
2. Each expenditure, whether made within the state or [made elsewhere but for use within] outside the state, including , but not limited to, expenditures made [outside the state for printing,] for the printing of brochures, 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. 13 NRS 294A.220 is hereby amended to read as follows:
294A.220 1. 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 election for that office to 20 days before that 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 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 expenditures made on behalf of or against a question or group of questions on the ballot [in excess of $500] 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 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. 14 NRS 294A.270 is hereby amended to read as follows:
294A.270 1. Except as otherwise provided in subsection 2, 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] on a form provided by the secretary of state and signed under the penalty for 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.]
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.]
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, 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. 15 NRS 294A.280 is hereby amended to read as follows:
294A.280 1. 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] on a form provided by the secretary of state and signed under the penalty for 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.]
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.
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 since the beginning of the first reporting period.
5.] 4. 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.] 5. 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. 16 NRS 294A.390 is hereby amended to read as follows:
294A.3901. The officer with whom a candidate files:
(a) A declaration of candidacy;
(b) An acceptance of candidacy; or
(c) An affidavit of candidacy,
shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.
2. The officer who is to receive reports pursuant to NRS 294A.140, 294A.150, 294A.210 and 294A.220 and section 4 of this act shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.
Sec. 17 NRS 294A.400 is hereby amended to read as follows:
294A.400 The 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] 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.]
3. The expenditures [exceeding $500] 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] 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 , political party or committee sponsored by a political party, which makes an expenditure on behalf of a candidate or group of candidates.
Sec. 18 NRS 294A.410 is hereby amended to read as follows:
294A.410[If it appears that]
1. A person who believes that any of the provisions of NRS 294A.130 to 294A.180, inclusive, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 [,] or section 4 of this act have been violated [:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall] may notify the secretary of state or any other filing officer, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.
2. A filing officer who receives such a notice shall submit the notice to the secretary of state within 5 days after he receives the notice.
3. The secretary of state shall conduct an investigation of the alleged violation. In conducting the investigation, the secretary of state may examine any records relating to the alleged violation. The secretary of state shall submit a report of his findings to the attorney general.
4. The attorney general may cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Sec. 19 NRS 294A.110 is hereby repealed.
Sec. 20 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 21 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. 22 1. This section and section 3 of this act become effective upon passage and approval.
2. Sections 1, 2 and 4 to 21, inclusive, of this act become effective on October 1, 1997.
TEXT OF REPEALED SECTION
294A.110Limits on amount contributed by person other than natural person; exceptions; penalty.
1. A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:
(a) A city, county, state or judicial office in a total amount which exceeds $10,000; or
(b) A statewide office in a total amount which exceeds $20,000,
during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.
2. A candidate shall not accept a contribution made in violation of subsection 1.
3. A person who violates any provision of this section is guilty of a misdemeanor.