Senate Bill No. 116-Senators Adler, Mathews, Regan, Schneider, Shaffer, Titus and Wiener
February 5, 1997
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Referred to Committee on Government Affairs
SUMMARY--Revises provisions governing reporting of campaign contributions and expenditures. (BDR 24-776)
FISCAL NOTE: Effect on Local Government: No.
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 elections; reducing the monetary threshold for campaign contributions that must be separately identified by candidates and certain persons and committees for political action; requiring certain committees sponsored by a political party to report the campaign contributions received; reducing the monetary threshold for campaign expenditures that must be reported by certain persons, committees for political action, political parties and committees sponsored by a political party; 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 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] 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] $100 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.140 1. 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] and every committee sponsored by a political party that 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.] $100. Contributions which a contributor has made cumulatively in excess of [$500] $100 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.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] 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] $100 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] $100 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. 4 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] $100 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)] (b) Committee for the recall of a public officer.
4. The expenditures exceeding $100 made by a:
(a) Person on behalf of a candidate other than himself.
(b) Group of persons advocating the election or defeat of a candidate.
5. 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] 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)] 6. The contributions in excess of $100 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 committee for political action [which] that makes an expenditure on behalf of a candidate or group of candidates. (c) A committee sponsored by a political party that makes an expenditure on behalf of a candidate or group of candidates.