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; prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; providing civil penalties for such violations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 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. Except as otherwise provided in subsection 4, any person who violates a provision of this section is subject to a civil penalty of not more than $10,000 for each violation and payment of court costs and attorney's fees. A civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the attorney general in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
4. Any person who violates a provision of this section within 10 days before an election, including any recall or special election, is subject to a civil penalty of not more than $30,000 for each such violation and payment of court costs and attorney's fees. The civil penalty must be collected in the manner set forth in subsection 3.
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. 3 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. Except as otherwise provided in subsection 6, any person who violates a provision of this section is subject to a civil penalty of not more than $10,000 for each violation and payment of court costs and attorney's fees. A civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the attorney general in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
6. Any person who violates a provision of this section within 10 days before an election, including any recall or special election, is subject to a civil penalty of not more than $30,000 for each such violation and payment of court costs and attorney's fees. The civil penalty must be collected in the manner set forth in subsection 5.
Sec. 4 1. If it appears that any of the provisions of section 2 or 3 of this act have been violated, the secretary of state:
(a) Shall conduct an investigation concerning the alleged violation and, as expeditiously as possible, but not later than 10 days after becoming aware of the alleged violation, prepare and issue a determination of whether such a violation has occurred if sufficient evidence is presented to the secretary of state to make such a determination.
(b) May refer the alleged violation to the attorney general. If the attorney general determines that a violation has occurred, he shall institute the appropriate proceedings in a court of competent jurisdiction without delay.
2. A person who believes that any provision of section 2 or 3 of this act 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. 5 The provisions of this act do not apply to offenses that are committed before October 1, 1997.