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 the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If a candidate, political party, committee sponsored by a political party or committee for political action requests or compensates a person to:
(a) Conduct or cause to be conducted a persuasive poll by telephone concerning a candidate; or
(b) Produce automated or computerized messages by telephone to conduct a persuasive poll concerning a candidate,
the person conducting the poll shall, at the end of the poll, disclose the name and telephone number of the candidate, political party, committee sponsored by a political party or committee for political action that requested or compensated the person for the poll.
2. As used in this section, "persuasive poll" means the canvassing of persons, by means other than an established method of scientific sampling, by asking questions or offering information concerning a candidate which is designed to provide information that is negative or derogatory about the candidate or his family. The term does not include a poll that is conducted only to measure the public's opinion about or reaction to an issue, fact or theme.
Sec. 3. If it appears to a county clerk, city clerk or registrar of voters that the provisions of section 2 of this act have been violated, he shall report the alleged violation, in writing, to the secretary of state. Upon receiving such a written report or if it otherwise appears to the secretary of state that the provisions of section 2 of this act have been violated, the secretary of state shall report the alleged violation to the attorney general. The attorney general shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Sec. 4. Any person who knowingly violates the provisions of section 2 of this act is liable, in addition to any other penalty or remedy that may be provided by law, to a civil penalty of not more than $5,000 for each offense, which may be recovered by civil action on complaint of the attorney general. All money collected as civil penalties pursuant to the provisions of this section must be deposited in the state general fund.