March 13, 1997
____________
Referred to Committee on Government Affairs
State of Nevada }
}ss.
County of }
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as designated in this declaration.
(Designation of name)
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
State of Nevada }
}ss.
County of }
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.
(Designation of name)
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate's name. The nickname must be in quotation marks and appear immediately before the candidate's surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate's address is listed as a post office box unless a street address has not been assigned to his residence.
Sec. 2. NRS 293.313 is hereby amended to read as follows:
293.3131. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years old; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter shall include in his request a description of his physical disability or condition.
3. As used in this section, "sufficient written notice" means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail;
(b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
Sec. 3. NRS 293.330 is hereby amended to read as follows:
293.3301. When an absent voter receives his ballot, he must stamp and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. If the absent voter who has received a ballot by mail applies to vote the ballot in person at:
(a) The county or city clerk's office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it "Spoiled."
3. Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
Sec. 4. NRS 293.5045 is hereby amended to read as follows:
293.50451. A person who works in a voter registration agency shall not:
(a) Seek to influence an applicant's political preference or party registration;
(b) Display a political preference or party allegiance in a place where it can be seen by an applicant;
(c) Make any statement or take any action to discourage an applicant from registering to vote; or
(d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the state or Federal Government.
2. A person who violates any of the provisions of this section is guilty of a [felony.
3. A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] category E felony and shall be punished as provided in NRS 193.130.
Sec. 5. NRS 293.505 is hereby amended to read as follows:
293.5051. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. A field registrar shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that person's political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk or field registrar shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,
while he is registering an elector.
11. When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk or field registrar shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;
(b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
14. A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
Sec. 6. NRS 293.5235 is hereby amended to read as follows:
293.52351. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters' register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete and sign the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.
6. If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.
7. The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.
8. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person's current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
10. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
11. An application to register to vote must be made available to all persons, regardless of political party affiliation.
12. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk's office within 3 working days after it is completed.
13. A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
14. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 7. NRS 293.780 is hereby amended to read as follows:
293.7801. A person who is entitled to vote shall not vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.
2. Notice of the provisions of subsection 1 must be given by the county or city clerk as follows:
(a) Printed on all sample ballots mailed;
(b) Posted in boldface type at each polling place; and
(c) Posted in boldface type at the office of the county or city clerk.
Sec. 8. NRS 293.800 is hereby amended to read as follows:
293.8001. A person who, [either] for himself or another [,] person, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies his application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another person to violate [such] those laws is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
2. A public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, except where [some other] another penalty is provided, is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
3. If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.
4. A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids, or abets the person in the commission of either of the acts is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
5. A field registrar or other person who:
(a) Knowingly falsifies an application to register to vote or knowingly causes an application to be falsified; or
(b) Knowingly provides money or other compensation to another for a falsified application to register to vote,
is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
Sec. 9. NRS 293.805 is hereby amended to read as follows:
293.8051. It is unlawful for a person to provide compensation for registering voters that is based upon:
(a) The total number of voters a person registers; or
(b) The total number of voters a person registers in a particular political party.
2. A person who violates any provision of this section is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
Sec. 10. Chapter 294A of NRS is hereby amended by adding thereto sections 11 to 16, inclusive, of this act.
Sec. 11. The secretary of state shall adopt regulations that prescribe simplified forms for the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360 for a candidate who receives less than $1,000 in campaign contributions.
Sec. 12. 1. If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 or section 13 of this act 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 the first judicial district court and deposited with the state treasurer for credit to the state general fund.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures 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. 13. 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. 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. 14. 1. In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, not later than December 31 of:
(a) The year in which he receives contributions in excess of $10,000, report the total contributions received.
(b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, report the contributions received and the expenditures made in that year.
2. The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.
4. The report must be filed with the secretary of state.
Sec. 15. 1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and section 41 of this act. The commission shall give priority to such a request over all other matters pending with the commission.
4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
5. As used in this section:
(a) "Actual malice" means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) "Publish" means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
Sec. 16. 1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and section 41 of this act. The commission shall give priority to such a request over all matters pending with the commission.
6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
Sec. 17. NRS 294A.004 is hereby amended to read as follows:
294A.004"Campaign expenses" and "expenditures" means [all] :
1. Those expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers [, and all] ; and
2. All other expenditures contracted for or made [to further directly the campaign for] ,
to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.
Sec. 18. NRS 294A.005 is hereby amended to read as follows:
294A.005"Candidate" means any person:
1. Who files a declaration or affidavit of candidacy;
2. Who files an acceptance of candidacy; [or]
3. Whose name appears on an official ballot at any election [.] ; or
4. Who has received contributions in excess of $100.
Sec. 19. NRS 294A.007 is hereby amended to read as follows:
294A.007 1. "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] :
(a) 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.] (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.] (3) 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.] (4) 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 [or committee.] , committee or political party.
(b) The value of services provided in-kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. As used in this section, "volunteer" means a person who does not receive compensation of any kind, directly or indirectly, for the services he provides to a campaign.
Sec. 20. NRS 294A.009 is hereby amended to read as follows:
294A.009"Person" [is limited to a natural person, any labor union, any business or voluntary association, any committee for political action or sponsored by a political party and any corporation.] means:
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
Sec. 21. 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. 22. 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] Seven 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] 12 days before the primary election;
(b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 12 days before the primary election up to [20] 12 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] Seven days before the special election, for the period from his nomination up to [20] 12 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. 23. NRS 294A.130 is hereby amended to read as follows:
294A.1301. Every candidate for state, district, county, city or township office shall, not later than 1 week after he receives minimum campaign contributions of $100, open and maintain a separate account in a financial institution for the deposit of any campaign contributions he receives. The candidate shall not commingle the money in the account with money collected for other purposes.
2. The candidate may close the separate account:
(a) If he was a candidate in a special election, after that election;
(b) If he lost in the primary election, after the primary election; or
(c) If he won the primary election, after the general election,
and as soon as all payments of money committed have been made.
[3. Any candidate who willfully violates any of the provisions of this section is guilty of a misdemeanor.]
Sec. 24. NRS 294A.140 is hereby amended to read as follows:
294A.140 1. [Except as otherwise provided in subsection 6, every] 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 , political party and 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] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 12 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven 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] 12 days before [that] the primary election or primary city election to [20] 12 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 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] or entity may file the report with 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. 25. 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] Seven 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] to 12 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven 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] 12 days before [that] the primary election or primary city election to [20] 12 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] $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.
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. 26. NRS 294A.160 is hereby amended to read as follows:
294A.1601. It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.
3. Every candidate for a state, district, county, city or township office at a primary, general , primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general , primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).
4. Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after his defeat, return any money in excess of $5,000 to the contributor.
5. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.
[5. Any candidate or public officer who willfully violates any provision of this section is guilty of a misdemeanor.]
6. The court shall, in addition to any [other] penalty which may be imposed [,] pursuant to section 12 of this act, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
[6. For the purposes of]
7. As used in this section, "contributions" include any interest and other income earned thereon.
Sec. 27. NRS 294A.170 is hereby amended to read as follows:
294A.170[1.] If a candidate for state, district, county, city or township office files a declaration of candidacy for an office which is different from the office [:
(a) Which he] which:
1. He previously and publicly intended to seek; or
[(b)] 2. He held immediately preceding his declaration of candidacy,
he shall make a reasonable effort to notify the persons who contributed money to his campaign before he filed his declaration of candidacy and [shall] return the unspent portion of those contributions if so requested. Any contributions not returned must be used in his campaign or must be disposed of in the manner provided in NRS 294A.160.
[2. Any person who willfully violates the provisions of this section is guilty of a misdemeanor.]
Sec. 28. NRS 294A.180 is hereby amended to read as follows:
294A.1801. Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend [,] and the disposition of those unspent contributions.
2. Each public officer who is elected to a state, district, county, city or township office shall file a report with the secretary of state:
(a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend [,] and the amount, if any, of those unspent contributions disposed of pursuant to [paragraph (a), (b) or (c) of] subsection 2 of NRS 294A.160;
(b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period since his last report and the manner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.
3. The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.
[4. Except as otherwise provided in this section, any person who willfully violates any provision of this section is guilty of a misdemeanor.]
Sec. 29. NRS 294A.200 is hereby amended to read as follows:
294A.2001. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) [Fifteen] Seven 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] 12 days before the primary election;
(b) [Fifteen] Seven days before the general election, whether or not the candidate won the primary election, for the period from [20] 12 days before the primary election up to [20] 12 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 his campaign expenses 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] Seven days before the special election, for the period from his nomination up to [20] 12 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses 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 his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
4. Reports of campaign expenses 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. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses 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. 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.
7. 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.
8. If a civil penalty is imposed because a candidate has reported his campaign expenses 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. 30. 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, and 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] Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to [20] 12 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven 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] 12 days before [that] the primary election or primary city election to [20] 12 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. 31. 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] Seven 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] to 12 days before [that] the primary election or primary city election;
(b) [Fifteen] Seven 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] 12 days before [that] the primary election or primary city election to [20] 12 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] $100 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] $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 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. 32. NRS 294A.270 is hereby amended to read as follows:
294A.270 1. Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:
(a) [Fifteen] Seven 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] 12 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] $100 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.] $100.
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.] $100.
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,] $100 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. 33. 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] Seven 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] 12 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] $100 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.] $100.
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.] $100.
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] $100 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. 34. NRS 294A.300 is hereby amended to read as follows:
294A.3001. It is unlawful for a member of the legislature, the lieutenant governor, the lieutenant governor-elect, the governor or the governor-elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. [A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3.] This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.
Sec. 35. NRS 294A.310 is hereby amended to read as follows:
294A.3101. A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.
[4. A person who violates any provision of this section is guilty of a misdemeanor.]
Sec. 36. NRS 294A.320 is hereby amended to read as follows:
294A.3201. Except as otherwise provided in subsection 2, it is unlawful for any person to publish any material or information relating to an election, candidate or any question on a ballot unless that material or information contains:
(a) The name and mailing or street address of each person who has paid for or who is responsible for paying for the publication; and
(b) A statement that each such person has paid for or is responsible for paying for the publication.
2. The provisions of subsection 1 do not apply:
(a) To any candidate or to the political party of that candidate which pays for or is responsible for paying for any billboard, sign or other form of advertisement which refers only to that candidate and in which the candidate's name is prominently displayed.
(b) If the material is expressly approved and paid for by the candidate and the cost of preparation and publishing has been reported by the candidate as a campaign contribution pursuant to NRS 294A.120.
(c) To a natural person who acts independently and not in cooperation with or pursuant to any direction from a business or social organization, nongovernmental legal entity or governmental entity.
3. Any identification that complies with the requirements of the Communications Act of 1934 and the regulations adopted pursuant to the act shall be deemed to comply with the requirements of this section.
4. [Any person who willfully violates any provision of this section is guilty of a misdemeanor.
5.] As used in this section:
(a) "Material" means any printed or written matter or any photograph.
(b) "Publish" means the act of:
(1) Printing, posting, broadcasting, mailing or otherwise disseminating; or
(2) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated,
any material or information to the public.
Sec. 37. NRS 294A.360 is hereby amended to read as follows:
294A.360 1. Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:
(a) [Fifteen] Seven days before the primary city election, for the period from 30 days after the last election for that office up to [20] 12 days before the primary city election;
(b) [Fifteen] Seven days before the general city election, whether or not the candidate won the primary city election, for the period from [20] 12 days before the primary city election up to [20] 12 days before the general city election; and
(c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
2. Every candidate for city office where there is no primary city election shall so file those reports:
(a) [Twenty] Seven days before the general city election, for the period from 30 days after the last election for that office up to [30] 12 days before the general city election; and
(b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
3. The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.
Sec. 38. NRS 294A.390 is hereby amended to read as follows:
294A.390[1.] The officer [with] from whom a candidate [files:
(a)] or entity requests a form for:
1. A declaration of candidacy;
[(b)] 2. An acceptance of candidacy; [or
(c)] 3. An affidavit of candidacy [,] ;
4. The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to 294A.250; or
5. The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,
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. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or section 12 of this act must be printed on the forms. The candidate or entity 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 shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.]
Sec. 39. 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.] $100.
3. The expenditures exceeding [$500] $100 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] $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 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. 40. NRS 294A.410 is hereby amended to read as follows:
294A.410[If]
1. Except as otherwise provided in sections 15 and 16 of this act, 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,] this chapter have been violated [:
1. The] , 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] may:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the first judicial district court; or
(b) Refer the alleged violation to the attorney general. The attorney general shall investigate the alleged violation and institute and prosecute the appropriate proceedings [to be instituted and prosecuted in a court of competent jurisdiction] in the first judicial district court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the secretary of state, 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.
Sec. 41. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a request for an opinion is filed pursuant to section 15 or 16 of this act, the commission shall conduct a hearing on the request:
(a) If the requester submits all related evidence deemed necessary by the commission for it to make a preliminary determination of whether it has jurisdiction over the matter;
(b) If the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion; and
(c) On the condition that any person alleged to have violated section 15 or 16 of this act must be notified immediately by certified mail that an opinion has been requested or authorized and that he has a right to appear before the commission and present evidence and argument. The commission shall not issue an opinion pursuant to this section without extending to that person an opportunity to appear before the commission and present evidence and argument.
2. Any person or group of persons that submits a request for such an opinion may request the commission to hold a public hearing regarding the requested opinion.
3. If a request for such an opinion is filed and a motion that there is just and sufficient cause to render an opinion is adopted by the commission, the commission shall:
(a) Notify the person alleged to have violated section 15 or 16 of this act of the place and time of the commission's hearing on the matter;
(b) Allow him to be represented by counsel; and
(c) Allow him to hear the evidence presented to the commission and to respond and present evidence on his own behalf.
4. A hearing held pursuant to this section must be held as expeditiously as possible, but not later than 10 days after the receipt of the request for the opinion.
5. If any person or group of persons requesting such an opinion does not:
(a) Submit all necessary information to the commission; and
(b) Declare by oath or affirmation that the person or a representative of the group of persons will testify truthfully,
the commission may decline to render an opinion. If the commission does not decline to render such an opinion, it shall render its opinion as expeditiously as possible, but not later than 3 days after the hearing. An opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130.
6. Each request for an opinion filed pursuant to section 15 or 16 of this act, each opinion rendered by the commission pursuant thereto and any motion, preliminary determination, evidence or record of a hearing relating to the request are confidential unless:
(a) The person or group of persons that requested the opinion discloses the information;
(b) The person or group of persons that requested the opinion requests the commission to disclose the information; or
(c) The person alleged to have violated the provisions of section 15 or 16 of this act acts in contravention of the opinion, in which case the commission may disclose the information.
7. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
8. A meeting or hearing held by the commission to carry out the provisions of this section and the commission's deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
Sec. 42. NRS 281.431 is hereby amended to read as follows:
281.431As used in NRS 281.411 to 281.581, inclusive, and section 41 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4365, inclusive, have the meanings ascribed to them in those sections.
Sec. 43. NRS 281.461 is hereby amended to read as follows:
281.461 1. The commission shall:
(a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members.
(b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511 [,] or section 15 or 16 of this act, and at other times upon the call of the chairman.
2. Members of the commission are entitled to receive a salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission.
3. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. The commission shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of its duties relating to:
(a) The administration of its affairs;
(b) The review of statements of financial disclosure; and
(c) The investigation of matters under its jurisdiction.
5. The commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.
Sec. 44. NRS 281.465 is hereby amended to read as follows:
281.4651. The commission has jurisdiction [for the purposes of investigating and taking] to investigate and take appropriate action regarding an alleged violation of [this] :
(a) This chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:
[(a)] (1) The filing of a request for an opinion with the commission; or
[(b)] (2) A determination of the commission on its own motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.
(b) Section 15 or 16 of this act in any proceeding commenced by the filing of a request for an opinion pursuant thereto.
2. The provisions of [this section] paragraph (a) of subsection 1 apply to a public officer or employee who:
(a) Currently holds public office or is publicly employed at the commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office or employment:
(1) After the commencement of proceedings against him; or
(2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.
Sec. 45. NRS 281.475 is hereby amended to read as follows:
281.4751. The chairman and vice chairman of the commission may administer oaths.
2. The commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Before issuing such a subpoena, the commission shall submit a written request to the public officer or public employee who is the subject of an inquiry or opinion of the commission, or to the person or group of persons requesting an opinion pursuant to section 15 or 16 of this act, requesting:
(a) His appearance , or the appearance of a representative of the group, as a witness;
(b) The appearance as a witness of any other person who may have information relating to the inquiry or opinion; or
(c) The production of any books and papers.
Each such request must specify the time and place for the attendance of any witness or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or other witness fails or refuses to attend or produce the books and papers requested by the commission, the commission may issue the subpoena.
3. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the chairman of the commission may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the commission pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the commission.
4. [Upon] Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the commission. If the witness has been subpoenaed by the commission in response to a request for an opinion filed pursuant to section 15 or 16 of this act, the court shall direct the witness to appear before the court as expeditiously as possible to allow the commission to render its opinion within the time required by section 41 of this act. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the commission, the court shall enter an order that the witness appear before the commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 46. NRS 281.521 is hereby amended to read as follows:
281.521 1. The commission's opinions may include guidance to a public officer or employee on questions whether:
(a) A conflict exists between his personal interest and his official duty.
(b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
(c) The conflict would materially affect the independence of the judgment of a reasonable person in his situation.
(d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
(e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.
2. [The] Except as otherwise provided in sections 15, 16 and 41 of this act, the commission's opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.
Sec. 47. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties not to exceed $5,000 for a willful violation of this chapter.
2. In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on any person who knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith or who, by fraud or artifice, prevents the discovery of a violation of this chapter.
3. In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on a person, other than the person about whom an opinion is requested, who:
(a) Participates in any activity relating to the request for the opinion;
(b) Is directed by the commission to comply with the requirements relating to confidentiality set forth in section 41 of this act or subsection 4 of NRS 281.511; and
(c) Subsequently violates those requirements.
4. If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to any other penalty, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.
5. Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of section 15 or 16 of this act a civil penalty not to exceed $10,000. If the commission finds that a violation of section 15 or 16 of this act occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.
6. If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
[6.] 7. Any action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 shall be deemed not to be a willful violation of any provision of those sections if the public officer or employee:
(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee;
(b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and
(c) The action taken was not contrary to any prior opinion issued by the commission to the public officer or employee.
[7.] 8. In addition to any other penalty provided by law, a public employee who willfully violates any provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.
[8.] 9. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.
[9.] 10. The imposition of a civil penalty pursuant to subsections 1 to [4,] 5, inclusive, is a final decision for the purposes of judicial review.
Sec. 48. NRS 294A.110 is hereby repealed.
Sec. 49. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.