Assembly Bill No. 5

Assembly Bill No. 5-Committee on Elections, Procedures, and Ethics

(On Behalf of Assemblywoman Giunchigliani)

Prefiled on December 27, 1996

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Referred to Committee on Elections, Procedures, and Ethics

SUMMARY--Requires disclosure of name of person or organization which requested or paid for persuasive poll under certain circumstances. (BDR 24-38)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to campaign practices; requiring certain persons who conduct a persuasive poll by telephone or other electronic means to disclose the name of the person or organization that requested or paid for the poll; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a candidate, political party, committee sponsored by a political party or committee for political action requests or hires a person to:
(a) Conduct a persuasive poll by telephone concerning a candidate or ballot question; or
(b) Produce automated or computerized messages by telephone to conduct a persuasive poll concerning a candidate or ballot question,
the person conducting the poll shall, before beginning the poll, disclose the name of the candidate, political party, committee sponsored by a political party or committee for political action that requested or paid for the poll.
2. As used in this section, "persuasive poll" means the canvassing of persons by asking questions or offering information concerning a candidate or ballot question which is designed to provide information that is negative or derogatory about the candidate, his family or the ballot question. Sec. 2. NRS 294A.410 is hereby amended to read as follows:
294A.410 If it appears that the provisions of NRS 294A.130 to 294A.180, inclusive, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360, or section 1 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 cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.