Assembly Bill No.
529–Committee on Elections,
Procedures, and Ethics
CHAPTER..........
AN ACT relating to elections; restricting the information that may be requested in the form used for reporting campaign contributions and expenditures; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; eliminating the requirement to report campaign contributions of $100 or less under certain circumstances; revising the dates for filing reports for campaign contributions and expenditures; revising the reporting periods included in those reports; requiring certain candidates for public office and public officers to file statements of financial disclosure with the Secretary of State instead of the Commission on Ethics; providing a civil penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 294A of NRS is hereby amended by
1-2 adding thereto a new section to read as follows:
1-3 1. The Secretary of State shall design a single form to be used
1-4 for all reports of campaign contributions and expenses or
1-5 expenditures that are required to be filed pursuant to NRS
1-6 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210,
1-7 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.
1-8 2. The form designed by the Secretary of State pursuant to
1-9 this section must only request information specifically required by
1-10 statute.
1-11 3. Upon request, the Secretary of State shall provide a copy of
1-12 the form designed pursuant to this section to each person,
1-13 committee, political party and group that is required to file a
1-14 report described in subsection 1.
1-15 Secs. 2 and 3. (Deleted by amendment.)
1-16 Sec. 3.5. NRS 294A.004 is hereby amended to read as
1-17 follows:
1-18 294A.004 “Campaign expenses” and “expenditures” mean:
1-19 1. Those expenditures [contracted for or] made for advertising
1-20 on television, radio, billboards, posters and in newspapers; and
1-21 2. All other expenditures [contracted for or] made,
1-22 toadvocate expressly the election or defeat of a clearly identified
1-23 candidate or group of candidates or the passage or defeat of a clearly
1-24 identified question or group of questions on the ballot, including any
2-1 payments made to a candidate or any person who is related to the
2-2 candidate within the second degree of consanguinity or affinity.
2-3 Sec. 4. NRS 294A.120 is hereby amended to read as follows:
2-4 294A.120 1. Every candidate for state, district, county or
2-5 township office at a primary or general election shall, not later than
2-6 January 15 of each year, for the period from January 1 of the
2-7 previous year through December 31 of the previous year, report
2-8 each campaign contribution in excess of $100 he received during
2-9 the period and contributions received during the period from a
2-10 contributor which cumulatively exceed $100. The provisions of
2-11 this subsection apply to the candidate beginning the year of the
2-12 general election for that office through the year immediately
2-13 preceding the next general election for that office.
2-14 2. Every candidate for state, district, county or township
2-15 office at a primary or general election shall, if the general election
2-16 for the office for which he is a candidate is held on or after
2-17 January 1 and before the July 1 immediately following that
2-18 January 1, not later than:
2-19 (a) Seven days before the primary election[,] for that office, for
2-20 the period from [30 days before the regular session of the
2-21 Legislature after the last election for that office up to] the January 1
2-22 immediately preceding the primary election through 12 days
2-23 before the primary election;
2-24 (b) Seven days before the general election[, whether or not the
2-25 candidate won the primary election,] for that office, for the period
2-26 from [12] 11 days before the primary election [up to] through 12
2-27 days before the general election; and
2-28 (c) [The 15th day of the second month after the general election,
2-29 for the remaining period up to 30 days before the next regular
2-30 session of the Legislature,
2-31 list each of the campaign contributions that] July 15 of the year of
2-32 the general election for that office, for the period from 11 days
2-33 before the general election through June 30 of that year,
2-34 report each campaign contribution in excess of $100 he receives
2-35 during the period and contributions received during the period
2-36 from a contributor which cumulatively exceed $100. The report
2-37 must be completed on [forms] the form designed and provided by
2-38 the Secretary of State pursuant to section 1 of this [section and NRS
2-39 294A.362.] act. Each form must be signed by the candidate under
2-40 penalty of perjury.
2-41 [2.] 3. Every candidate for state, district, county or township
2-42 office at a primary or general election shall, if the general election
2-43 for the office for which he is a candidate is held on or after July 1
2-44 and before the January 1 immediately following that July 1, not
2-45 later than:
3-1 (a) Seven days before the primary election for that office, for
3-2 the period from the January 1 immediately preceding the primary
3-3 election through 12 days before the primary election; and
3-4 (b) Seven days before the general election for that office, for
3-5 the period from 11 days before the primary election through 12
3-6 days before the general election,
3-7 report each campaign contribution in excess of $100 he received
3-8 during the period and contributions received during the period
3-9 from a contributor which cumulatively exceed $100. The report
3-10 must be completed on the form designed and provided by the
3-11 Secretary of State pursuant to section 1 of this act. Each form
3-12 must be signed by the candidate under penalty of perjury.
3-13 4. Except as otherwise provided in subsection [3,] 5, every
3-14 candidate for a district office at a special election shall, not later
3-15 than:
3-16 (a) Seven days before the special election, for the period from
3-17 his nomination [up to] through 12days before the special election;
3-18 and
3-19 (b) Thirty days after the special election, for the remaining
3-20 period [up to] through the special election,
3-21 [list each of the campaign contributions that he receives] report
3-22 each campaign contribution in excess of $100 he received during
3-23 the period and contributions received during the reporting period
3-24 from a contributor which cumulatively exceed $100. The report
3-25 must be completed on [forms] the form designed and provided by
3-26 the Secretary of State pursuant to section 1 of this [section and NRS
3-27 294A.362.] act. Each form must be signed by the candidate under
3-28 penalty of perjury.
3-29 [3.] 5. Every candidate for state, district, county, municipal or
3-30 township office at a special election to determine whether a public
3-31 officer will be recalled shall list each of the campaign contributions
3-32 that he receives on [forms] the form designed and provided by the
3-33 Secretary of State pursuant to section 1 of this [section and NRS
3-34 294A.362,] act, and signed by the candidate under penalty of
3-35 perjury, 30 days after:
3-36 (a) The special election, for the period from the filing of the
3-37 notice of intent to circulate the petition for recall [up to] through the
3-38 special election; or
3-39 (b) A district court determines that the petition for recall is
3-40 legally insufficient pursuant to subsection 5 of NRS 306.040, for the
3-41 period from the filing of the notice of intent to circulate the petition
3-42 for recall [up to] through the date of the district court’s decision.
3-43 [4.] 6. Reports of campaign contributions must be filed with
3-44 the officer with whom the candidate filed the declaration of
3-45 candidacy or acceptance of candidacy. A candidate may mail or
3-46 transmit the report to that officer by regular mail, certified mail [. If
4-1 certified mail is used, the date of mailing] , facsimile machine or
4-2 electronic means. A report shall be deemed [the date of filing.
4-3 5.] to be filed with the officer:
4-4 (a) On the date that it was mailed if it was sent by certified
4-5 mail; or
4-6 (b) On the date that it was received by the officer if the report
4-7 was sent by regular mail, transmitted by facsimile machine or
4-8 electronic means, or delivered personally.
4-9 7. Every county clerk who receives from candidates for
4-10 legislative or judicial office, except the office of justice of the peace
4-11 or municipal judge, reports of campaign contributions pursuant to
4-12 [subsection 4] this section shall file a copy of each report with the
4-13 Secretary of State within 10 working days after he receives the
4-14 report.
4-15 [6.] 8. The name and address of the contributor and the date on
4-16 which the contribution was received must be included on the [list]
4-17 report for each contribution in excess of $100 and contributions
4-18 which a contributor has made cumulatively in excess of that amount
4-19 since the beginning of the [first] current reporting period.
4-20 [7. The form designed and provided by the Secretary of State
4-21 for the reporting of contributions pursuant to this section must be
4-22 designed to be used by a candidate to record in the form of a list
4-23 each campaign contribution as he receives it.]
4-24 Sec. 4.5. NRS 294A.125 is hereby amended to read as
4-25 follows:
4-26 294A.125 1. In addition to complying with the requirements
4-27 set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate
4-28 who receives contributions in any year before the year in which the
4-29 general election or general city election in which the candidate
4-30 intends to seek election to public office is held, shall, for:
4-31 (a) The year in which he receives contributions in excess of
4-32 $10,000, list each of the contributions that he receives and the
4-33 expenditures in excess of $100 made in that year.
4-34 (b) Each year after the year in which he received contributions
4-35 in excess of $10,000, until the year of the general election or general
4-36 city election in which the candidate intends to seek election to
4-37 public office is held, list each of the contributions that he received
4-38 and the expenditures in excess of $100 made in that year.
4-39 2. The reports required by subsection 1 must be submitted on
4-40 [forms] the form designed and provided by the Secretary of State
4-41 pursuant to [this section and NRS 294A.362.] section 1 of this act.
4-42 Each form must be signed by the candidate under penalty of perjury.
4-43 3. The name and address of the contributor and the date on
4-44 which the contribution was received must be included on the list for
4-45 each contribution in excess of $100 and contributions that a
4-46 contributor has made cumulatively in excess of that amount.
5-1 4. [The forms designed and provided by the Secretary of State
5-2 for the reporting of contributions and expenditures pursuant to this
5-3 section must be designed to be used by a candidate to record in the
5-4 form of a list each campaign contribution as he receives it and each
5-5 expenditure as it is made.
5-6 5.] The report must be filed:
5-7 (a) With the officer with whom the candidate will file the
5-8 declaration of candidacy or acceptance of candidacy for the public
5-9 office the candidate intends to seek. A candidate may mail or
5-10 transmit the report to that officer by regular mail, certified mail [. If
5-11 certified mail is used, the date of mailing] , facsimile machine or
5-12 electronic means. A report shall be deemed [the date of filing.] to
5-13 be filed with the officer:
5-14 (1) On the date it was mailed if it was sent by certified mail.
5-15 (2) On the date it was received by the officer if the report
5-16 was sent by regular mail, transmitted by facsimile machine or
5-17 electronic means, or delivered personally.
5-18 (b) On or before January 15 of the year immediately after the
5-19 year for which the report is made.
5-20 [6.] 5. A county clerk who receives from a candidate for
5-21 legislative or judicial office, except the office of justice of the peace
5-22 or municipal judge, a report of contributions and expenditures
5-23 pursuant to subsection 5 shall file a copy of the report with the
5-24 Secretary of State within 10 working days after he receives the
5-25 report.
5-26 Sec. 5. NRS 294A.140 is hereby amended to read as follows:
5-27 294A.140 1. Every person who is not under the direction or
5-28 control of a candidate for office at a primary election, primary city
5-29 election, general election or general city election, of a group of
5-30 such candidates or of any person involved in the campaign of that
5-31 candidate or group who makes an expenditure on behalf of the
5-32 candidate or group which is not solicited or approved by
5-33 the candidate or group, and every committee for political action,
5-34 political party and committee sponsored by a political party which
5-35 makes an expenditure on behalf of such a candidate or group of
5-36 candidates shall, not later than January 15 of each year that the
5-37 provisions of this subsection apply to the person, committee or
5-38 political party, for the period from January 1 of the previous year
5-39 through December 31 of the previous year, report each campaign
5-40 contribution in excess of $100 he or it received during the period
5-41 and contributions received during the period from a contributor
5-42 which cumulatively exceed $100. The provisions of this subsection
5-43 apply to the person, committee or political party beginning the
5-44 year of the general election or general city election for that office
5-45 through the year immediately preceding the next general election
5-46 or general city election for that office.
6-1 2. Every person, committee or political party described in
6-2 subsection 1 which makes an expenditure on behalf of the
6-3 candidate for office at a primary election, primary city election,
6-4 general election or general city election or on behalf of a group of
6-5 such candidates shall, if the general election or general city
6-6 election for the office for which the candidate or a candidate in
6-7 the group of candidates seeks election is held on or after
6-8 January 1 and before the July 1 immediately following that
6-9 January 1, not later than:
6-10 (a) Seven days before [a] the primary election or primary city
6-11 election[,] for that office, for the period from [30 days after the last
6-12 election for that office to] the January 1 immediately preceding the
6-13 primary election or primary city election through 12 days before
6-14 the primary election or primary city election;
6-15 (b) Seven days before [a] the general election or general city
6-16 election[, whether or not the candidate won the primary election or
6-17 primary city election,] for that office, for the period from [12] 11
6-18 days before the primary election or primary city election [to]
6-19 through 12days before the general election or general city election;
6-20 and
6-21 (c) [The 15th day of the second month after the general election
6-22 or general city election, for the remaining period up to 30 days after
6-23 the general election or general city election,
6-24 list each of the contributions] July 15 of the year of the general
6-25 election or general city election for that office, for the period from
6-26 11 days before the general election or general city election
6-27 through June 30 of that year,
6-28 report each campaign contribution in excess of $100 received
6-29 during the period and contributions received during the period
6-30 from a contributor which cumulatively exceed $100. The report
6-31 must be completed on the form designed and provided by the
6-32 Secretary of State [and shall sign the report] pursuant to section 1
6-33 of this act. The form must be signed by the person or a
6-34 representative of the committee or political party under penalty of
6-35 perjury.
6-36 [2.] 3. The name and address of the contributor and the date on
6-37 which the contribution was received must be included on the [list]
6-38 report for each contribution in excess of $100 and contributions
6-39 which a contributor has made cumulatively in excess of $100 since
6-40 the beginning of the [first] current reporting period. [The form
6-41 designed and provided by the Secretary of State for the reporting of
6-42 contributions pursuant to this section must be designed to be used
6-43 by the person, committee for political action, political party or
6-44 committee sponsored by a political party to record in the form of a
6-45 list each contribution as it is received.
7-1 3. If the candidate is elected from one county, the reports must
7-2 be filed with the county clerk of that county. If the candidate is
7-3 elected from one city, the reports must be filed with the city clerk of
7-4 that city. For all other candidates, the]
7-5 4. Every person, committee or political party described in
7-6 subsection 1 which makes an expenditure on behalf of a candidate
7-7 for office at a primary election, primary city election, general
7-8 election or general city election or on behalf of a group of such
7-9 candidates shall, if the general election or general city election for
7-10 the office for which the candidate or a candidate in the group of
7-11 candidates seeks election is held on or after July 1 and before the
7-12 January 1 immediately following that July 1, not later than:
7-13 (a) Seven days before the primary election or primary city
7-14 election for that office, for the period from the January 1
7-15 immediately preceding the primary election or primary city
7-16 election through 12 days before the primary election or primary
7-17 city election; and
7-18 (b) Seven days before the general election or general city
7-19 election for that office, for the period from 11 days before the
7-20 primary election or primary city election through 12 days before
7-21 the general election or general city election,
7-22 report each campaign contribution in excess of $100 received
7-23 during the period and contributions received during the period
7-24 from a contributor which cumulatively exceed $100. The report
7-25 must be completed on the form designed and provided by the
7-26 Secretary of State pursuant to section 1 of this act. The form must
7-27 be signed by the person or a representative of the committee or
7-28 political party under penalty of perjury.
7-29 5. Except as otherwise provided in subsection 6, every person,
7-30 committee or political party described in subsection 1 which makes
7-31 an expenditure on behalf of a candidate for office at a special
7-32 election or on behalf of a group of such candidates shall, not later
7-33 than:
7-34 (a) Seven days before the special election for the office for
7-35 which the candidate or a candidate in the group of candidates
7-36 seeks election, for the period from the nomination of the candidate
7-37 through 12 days before the special election; and
7-38 (b) Thirty days after the special election, for the remaining
7-39 period through the special election,
7-40 report each campaign contribution in excess of $100 received
7-41 during the period and contributions received during the period
7-42 from a contributor which cumulatively exceed $100. The report
7-43 must be completed on the form designed and provided by the
7-44 Secretary of State pursuant to section 1 of this act. The form must
7-45 be signed by the person or a representative of the committee or
7-46 political party under penalty of perjury.
8-1 6. Every person, committee or political party described in
8-2 subsection 1 which makes an expenditure on behalf of a candidate
8-3 for office at a special election to determine whether a public
8-4 officer will be recalled or on behalf of a group of candidates for
8-5 offices at such special elections shall report each contribution in
8-6 excess of $100 received during the period and contributions
8-7 received during the period from a contributor which cumulatively
8-8 exceed $100. The report must be completed on the form designed
8-9 and provided by the Secretary of State pursuant to section 1 of this
8-10 act and signed by the person or a representative of the committee
8-11 or political party under penalty of perjury, 30 days after:
8-12 (a) The special election, for the period from the filing of the
8-13 notice of intent to circulate the petition for recall through the
8-14 special election; or
8-15 (b) If the special election is not held because a district court
8-16 determines that the petition for recall is legally insufficient
8-17 pursuant to subsection 5 of NRS 306.040, for the period from the
8-18 filing of the notice of intent to circulate the petition for recall
8-19 through the date of the district court’s decision.
8-20 7. The reports of contributions required pursuant to this
8-21 section must be filed with :
8-22 (a) If the candidate is elected from one county, the county
8-23 clerk of that county;
8-24 (b) If the candidate is elected from one city, the city clerk of
8-25 that city; or
8-26 (c) If the candidate is elected from more than one county or
8-27 city, theSecretary of State.
8-28 8. A person or entity may file the report with the appropriate
8-29 officer by regular mail, certified mail [. If certified mail is used, the
8-30 date of mailing] , facsimile machine or electronic means. A report
8-31 shall be deemed [the date of filing.
8-32 4.] to be filed with the officer:
8-33 (a) On the date that it was mailed if it was sent by certified
8-34 mail; or
8-35 (b) On the date that it was received by the officer if the report
8-36 was sent by regular mail, transmitted by facsimile machine or
8-37 electronic means, or delivered personally.
8-38 9. Each county clerk or city clerk who receives a report
8-39 pursuant to [subsection 3] this section shall file a copy of the report
8-40 with the Secretary of State within 10 working days after he receives
8-41 the report.
8-42 10. Every person, committee or political party described in
8-43 subsection 1 shall file a report required by this section even if he
8-44 or it receives no contributions.
9-1 Sec. 6. NRS 294A.150 is hereby amended to read as follows:
9-2 294A.150 1. Every person or group of persons organized
9-3 formally or informally who advocates the passage or defeat of a
9-4 question or group of questions on the ballot at [any election
9-5 including any recall or special] a primary election , primary city
9-6 election, general election or general city election, shall, not later
9-7 than January 15 of each year that the provisions of this subsection
9-8 apply to the person or group of persons, for the period from
9-9 January 1 of the previous year through December 31 of the
9-10 previous year, report each campaign contribution in excess of
9-11 $100 received during that period and contributions received
9-12 during the period from a contributor which cumulatively exceed
9-13 $100. The report must be completed on the form designed and
9-14 provided by the Secretary of State pursuant to section 1 of this act.
9-15 The form must be signed by the person or a representative of the
9-16 group under penalty of perjury. The provisions of this subsection
9-17 apply to the person or group of persons:
9-18 (a) Each year in which an election or city election is held for
9-19 each question for which the person or group advocates passage or
9-20 defeat; and
9-21 (b) The year after each year described in paragraph (a).
9-22 2. If a question is on the ballot at a primary election or
9-23 primary city election and the general election or general city
9-24 election immediately following that primary election or primary
9-25 city election is held on or after January 1 and before the July 1
9-26 immediately following that January 1, every person or group of
9-27 persons organized formally or informally who advocates the
9-28 passage or defeat of the question or a group of questions that
9-29 includes the question shall comply with the requirements of this
9-30 subsection. If a question is on the ballot at a general election or
9-31 general city election held on or after January 1 and before the
9-32 July 1 immediately following that January 1, every person or
9-33 group of persons organized formally or informally who advocates
9-34 the passage or defeat of the question or a group of questions that
9-35 includes the question shall comply with the requirements of this
9-36 subsection. A person or group of persons described in this
9-37 subsection shall, not later than:
9-38 (a) Seven days before [a] the primary election or primary city
9-39 election, for the period from [30 days after the last general election
9-40 to] the January 1 immediately preceding the primary election or
9-41 primary city election through 12 days before the primary election
9-42 or primary city election;
9-43 (b) Sevendays before [a] the general election or general city
9-44 election, for the period from [12] 11 days before the primary
9-45 election or primary city election [to] through 12 days before the
9-46 general election or general city election; and
10-1 (c) [The 15th day of the second month after the general election
10-2 or general city election, for the remaining period up to 30 days after
10-3 the general election or general city election,
10-4 list each of the contributions] July 15 of the year of the general
10-5 election or general city election, for the period from 11 days before
10-6 the general election or general city election through June 30 of
10-7 that year,
10-8 report each campaign contribution in excess of $100 received
10-9 during the period and contributions received during the period
10-10 from a contributor which cumulatively exceed $100. The report
10-11 must be completed on the form designed and provided by the
10-12 Secretary of State pursuant to section 1 of this act and signed by
10-13 the person or a representative of the group under penalty of perjury.
10-14 [2.] 3. The name and address of the [contribution] contributor
10-15 and the date on which the contribution was received must be
10-16 included on the [list] report for each contribution in excess of $100
10-17 and contributions which a contributor has made cumulatively in
10-18 excess of that amount since the beginning of the [first reporting. The
10-19 form designed and provided by the Secretary of State for the
10-20 reporting of contributions pursuant to this section must be designed
10-21 to be used to record in the form of a list each contribution as it is
10-22 received.
10-23 3. If the question is submitted to the voters of only one county,
10-24 the reports must be filed with the county clerk of that county. If the
10-25 question is submitted to the voters of only one city, the reports must
10-26 be filed with the city clerk of that city. Otherwise, the] current
10-27 reporting period.
10-28 4. If a question is on the ballot at a primary election or
10-29 primary city election and the general election or general city
10-30 election immediately following that primary election or primary
10-31 city election is held on or after July 1 and before the January 1
10-32 immediately following that July 1, every person or group of
10-33 persons organized formally or informally who advocates the
10-34 passage or defeat of the question or a group of questions that
10-35 includes the question shall comply with the requirements of this
10-36 subsection. If a question is on the ballot at a general election or
10-37 general city election held on or after July 1 and before the
10-38 January 1 immediately following that July 1, every person or
10-39 group of persons organized formally or informally who advocates
10-40 the passage or defeat of the question or a group of questions that
10-41 includes the question shall comply with the requirements of this
10-42 subsection. A person or group of persons described in this
10-43 subsection shall, not later than:
10-44 (a) Seven days before the primary election or primary city
10-45 election, for the period from the January 1 immediately preceding
11-1 the primary election or primary city election through 12 days
11-2 before the primary election or primary city election; and
11-3 (b) Seven days before the general election or general city
11-4 election, for the period from 11 days before the primary election or
11-5 primary city election through 12 days before the general election
11-6 or general city election,
11-7 report each campaign contribution in excess of $100 received
11-8 during the period and contributions received during the period
11-9 from a contributor which cumulatively exceed $100. The report
11-10 must be completed on the form designed and provided by the
11-11 Secretary of State pursuant to section 1 of this act. The form must
11-12 be signed by the person or a representative of the group under
11-13 penalty of perjury.
11-14 5. Except as otherwise provided in subsection 6, every person
11-15 or group of persons organized formally or informally who
11-16 advocates the passage or defeat of a question or group of
11-17 questions on the ballot at a special election shall, not later than:
11-18 (a) Seven days before the special election, for the period from
11-19 the date that the question qualified for the ballot through 12 days
11-20 before the special election; and
11-21 (b) Thirty days after the special election, for the remaining
11-22 period through the special election,
11-23 report each campaign contribution in excess of $100 received
11-24 during the period and contributions received during the period
11-25 from a contributor which cumulatively exceed $100. The report
11-26 must be completed on the form designed and provided by the
11-27 Secretary of State pursuant to section 1 of this act. The form must
11-28 be signed by the person or a representative of the group under
11-29 penalty of perjury.
11-30 6. Every person or group of persons organized formally or
11-31 informally who advocates the passage or defeat of a question or
11-32 group of questions on the ballot at a special election to determine
11-33 whether a public officer will be recalled shall report each of the
11-34 contributions received on the form designed and provided by the
11-35 Secretary of State pursuant to section 1 of this act and signed by
11-36 the person or a representative of the group under penalty of
11-37 perjury, 30 days after:
11-38 (a) The special election, for the period from the filing of the
11-39 notice of intent to circulate the petition for recall through the
11-40 special election; or
11-41 (b) If the special election is not held because a district court
11-42 determines that the petition for recall is legally insufficient
11-43 pursuant to subsection 5 of NRS 306.040, for the period from the
11-44 filing of the notice of intent to circulate the petition for recall
11-45 through the date of the district court’s decision.
12-1 7. The reports required pursuant to this section must be filed
12-2 with :
12-3 (a) If the question is submitted to the voters of one county, the
12-4 county clerk of that county;
12-5 (b) If the question is submitted to the voters of one city, the city
12-6 clerk of that city; or
12-7 (c) If the question is submitted to the voters of more than one
12-8 county or city, the Secretary of State.
12-9 8. A person may mail or transmit his report to the appropriate
12-10 officer by regular mail, certified mail, facsimile machine or
12-11 electronic means. A report shall be deemed to be filed with the
12-12 officer:
12-13 (a) On the date that it was mailed if it was sent by certified
12-14 mail; or
12-15 (b) On the date that it was received by the officer if the report
12-16 was sent by regular mail, transmitted by facsimile machine or
12-17 electronic means, or delivered personally.
12-18 9. If the person or group of persons is advocating passage or
12-19 defeat of a group of questions, the reports [must be made to the
12-20 officer appropriate for each question and] must be itemized by
12-21 question.
12-22 [4.] 10. Each county clerk or city clerk who receives a report
12-23 pursuant to [subsection 3] this section shall file a copy of the report
12-24 with the Secretary of State within 10 working days after he receives
12-25 the report.
12-26 Sec. 7. NRS 294A.160 is hereby amended to read as follows:
12-27 294A.160 1. It is unlawful for a candidate to spend money
12-28 received as a campaign contribution for his personal use.
12-29 2. Every candidate for a state, district, county, city or township
12-30 office at a primary, general, primary city, general city or special
12-31 election who is elected to that office and received contributions that
12-32 were not spent or committed for expenditure before the primary,
12-33 general, primary city, general city or special election shall:
12-34 (a) Return the unspent money to contributors;
12-35 (b) Use the money in his next election or for the payment of
12-36 other expenses related to public office or his campaign [;] ,
12-37 regardless of whether he is a candidate for a different office in his
12-38 next election;
12-39 (c) Contribute the money to:
12-40 (1) The campaigns of other candidates for public office or for
12-41 the payment of debts related to their campaigns;
12-42 (2) A political party;
12-43 (3) A person or group of persons advocating the passage or
12-44 defeat of a question or group of questions on the ballot; or
12-45 (4) Any combination of persons or groups set forth in
12-46 subparagraphs (1), (2) and (3);
13-1 (d) Donate the money to any tax-exempt nonprofit entity; or
13-2 (e) Dispose of the money in any combination of the methods
13-3 provided in paragraphs (a) to (d), inclusive.
13-4 3. Every candidate for a state, district, county, city or township
13-5 office at a primary, general, primary city, general city or special
13-6 election who is not elected to that office and received contributions
13-7 that were not spent or committed for expenditure before the primary,
13-8 general, primary city, general city or special election shall, not later
13-9 than the 15th day of the second month after his defeat:
13-10 (a) Return the unspent money to contributors;
13-11 (b) Contribute the money to:
13-12 (1) The campaigns of other candidates for public office or for
13-13 the payment of debts related to their campaigns;
13-14 (2) A political party;
13-15 (3) A person or group of persons advocating the passage or
13-16 defeat of a question or group of questions on the ballot; or
13-17 (4) Any combination of persons or groups set forth in
13-18 subparagraphs (1), (2) and (3);
13-19 (c) Donate the money to any tax-exempt nonprofit entity; or
13-20 (d) Dispose of the money in any combination of the methods
13-21 provided in paragraphs (a), (b) and (c).
13-22 4. Every candidate for a state, district, county, city or township
13-23 office who is defeated at a primary or primary city election and
13-24 received a contribution from a person in excess of $5,000 shall, not
13-25 later than the 15th day of the second month after his defeat, return
13-26 any money in excess of $5,000 to the contributor.
13-27 5. Every public officer who:
13-28 (a) Holds a state, district, county, city or township office;
13-29 (b) Does not run for reelection and is not a candidate for any
13-30 other office; and
13-31 (c) Has contributions that are not spent or committed for
13-32 expenditure remaining from a previous election,
13-33 shall, not later than the 15th day of the second month after the
13-34 expiration of his term of office, dispose of those contributions in the
13-35 manner provided in subsection 3.
13-36 6. In addition to the methods for disposing the unspent money
13-37 set forth in subsections 2, 3 and 4, a Legislator may donate not more
13-38 than $500 of that money to the Nevada Silver Haired Legislative
13-39 Forum created pursuant to NRS 427A.320.
13-40 7. Any contributions received before a candidate for a state,
13-41 district, county, city or township office at a primary, general,
13-42 primary city, general city or special election dies that were not
13-43 spent or committed for expenditure before the death of the
13-44 candidate must be disposed of in the manner provided in
13-45 subsection 3.
14-1 8. The court shall, in addition to any penalty which may be
14-2 imposed pursuant to NRS 294A.420, order the candidate or public
14-3 officer to dispose of any remaining contributions in the manner
14-4 provided in this section.
14-5 [8.] 9. As used in this section, “contributions” include any
14-6 interest and other income earned thereon.
14-7 Sec. 8. NRS 294A.200 is hereby amended to read as follows:
14-8 294A.200 1. Every candidate for state, district, county or
14-9 township office at a primary or general election shall, not later than
14-10 January 15 of each year, for the period from January 1 of the
14-11 previous year through December 31 of the previous year, report
14-12 each of the campaign expenses in excess of $100 that he incurs
14-13 and each amount in excess of $100 that he disposes of pursuant to
14-14 NRS 294A.160 during the period on the form designed and
14-15 provided by the Secretary of State pursuant to section 1 of this act.
14-16 The form must be signed by the candidate under penalty of
14-17 perjury. The provisions of this subsection apply to the candidate:
14-18 (a) Beginning the year of the general election for that office
14-19 through the year immediately preceding the next general election
14-20 for that office; and
14-21 (b) Each year immediately succeeding a calendar year during
14-22 which the candidate disposes of contributions pursuant to
14-23 NRS 294A.160.
14-24 2. Every candidate for state, district, county or township
14-25 office at a primary or general election shall, if the general election
14-26 for the office for which he is a candidate is held on or after
14-27 January 1 and before the July 1 immediately following that
14-28 January 1, not later than:
14-29 (a) Seven days before the primary election[,] for that office, for
14-30 the period from [30 days before the regular session of the
14-31 Legislature after the last election for that office up to] the January 1
14-32 immediately preceding the primary election through 12 days
14-33 before the primary election;
14-34 (b) Seven days before the general election[, whether or not the
14-35 candidate won the primary election,] for that office, for the period
14-36 from [12] 11 days before the primary election [up to] through 12
14-37 days before the general election; and
14-38 (c) [The 15th day of the second month after the general election,
14-39 for the remaining period up to 30 days before the next regular
14-40 session of the Legislature,
14-41 list] July 15 of the year of the general election for that office, for
14-42 the period from 11 days before the general election through
14-43 June 30 of that year,
14-44 report each of the campaign expenses in excess of $100 that he
14-45 incurs during the period on [forms] the form designed and provided
14-46 by the Secretary of State pursuant to section 1 of this [section and
15-1 NRS 294A.362.] act. Each form must be signed by the candidate
15-2 under penalty of perjury.
15-3 [2.] 3. Every candidate for state, district, county or township
15-4 office at a primary or general election shall, if the general election
15-5 for the office for which he is a candidate is held on or after July 1
15-6 and before the January 1 immediately following that July 1, not
15-7 later than:
15-8 (a) Seven days before the primary election for that office, for
15-9 the period from the January 1 immediately preceding the primary
15-10 election through 12 days before the primary election; and
15-11 (b) Seven days before the general election for that office, for
15-12 the period from 11 days before the primary election through 12
15-13 days before the general election,
15-14 report each of the campaign expenses in excess of $100 that he
15-15 incurs during the period on the form designed and provided by the
15-16 Secretary of State pursuant to section 1 of this act. The form must
15-17 be signed by the candidate under penalty of perjury.
15-18 4. Except as otherwise provided in subsection [3,] 5, every
15-19 candidate for a district office at a special election shall, not later
15-20 than:
15-21 (a) Seven days before the special election, for the period from
15-22 his nomination [up to] through 12 days before the special election;
15-23 and
15-24 (b) [Sixty] Thirty days after the special election, for the
15-25 remaining period [up to 30 days after] through the special
15-26 election,
15-27 [list] report each of the campaign expenses in excess of $100 that he
15-28 incurs during the period on [forms] the form designed and provided
15-29 by the Secretary of State pursuant to section 1 of this [section and
15-30 NRS 294A.362.] act. Each form must be signed by the candidate
15-31 under penalty of perjury.
15-32 [3.] 5. Every candidate for state, district, county, municipal or
15-33 township office at a special election to determine whether a public
15-34 officer will be recalled shall [list] report each of the campaign
15-35 expenses in excess of $100 that he incurs on [forms] the form
15-36 designed and provided by the Secretary of State pursuant to section
15-37 1 of this [section and NRS 294A.362] act and signed by the
15-38 candidate under penalty of perjury, [60] 30 days after:
15-39 (a) The special election, for the period from the filing of the
15-40 notice of intent to circulate the petition for recall [up to 30 days
15-41 after] through the special election; or
15-42 (b) [A] If the special election is not held because a district
15-43 court determines that the petition for recall is legally insufficient
15-44 pursuant to subsection 5 of NRS 306.040, for the period from the
15-45 filing of the notice of intent to circulate the petition for recall [up to]
15-46 through the date of the district court’s decision.
16-1 [4.] 6. Reports of campaign expenses must be filed with the
16-2 officer with whom the candidate filed the declaration of candidacy
16-3 or acceptance of candidacy. A candidate may mail or transmit the
16-4 report to that officer by regular mail, certified mail [. If certified
16-5 mail is used, the date of mailing] , facsimile machine or electronic
16-6 means. A report shall be deemed [the date of filing.
16-7 5.] to be filed with the officer:
16-8 (a) On the date that it was mailed if it was sent by certified
16-9 mail; or
16-10 (b) On the date that it was received by the officer if the report
16-11 was sent by regular mail, transmitted by facsimile machine or
16-12 electronic means, or delivered personally.
16-13 7. County clerks who receive from candidates for legislative or
16-14 judicial office, except the office of justice of the peace or municipal
16-15 judge, reports of campaign expenses pursuant to [subsection 4] this
16-16 section shall file a copy of each report with the Secretary of State
16-17 within 10 working days after he receives the report.
16-18 [6. The forms designed and provided by the Secretary of State
16-19 for the reporting of campaign expenses pursuant to this section must
16-20 be designed to be used by a candidate to record in the form of a list
16-21 each campaign expense as he incurs it.]
16-22 Sec. 9. NRS 294A.210 is hereby amended to read as follows:
16-23 294A.210 1. Every person who is not under the direction or
16-24 control of a candidate for an office at a primary election, primary
16-25 city election, general election or general city election, of a group of
16-26 such candidates or of any person involved in the campaign of that
16-27 candidate or group who makes an expenditure on behalf of the
16-28 candidate or group which is not solicited or approved by
16-29 the candidate or group, and every committee for political action,
16-30 political party or committee sponsored by a political party which
16-31 makes an expenditure on behalf of such a candidate or group of
16-32 candidates shall, not later than January 15 of each year that the
16-33 provisions of this subsection apply to the person, committee or
16-34 political party, for the period from January 1 of the previous year
16-35 through December 31 of the previous year, report each
16-36 expenditure made during the period on behalf of the candidate,
16-37 the group of candidates or a candidate in the group of candidates
16-38 in excess of $100 on the form designed and provided by the
16-39 Secretary of State pursuant to section 1 of this act. The form must
16-40 be signed by the person or a representative of the committee or
16-41 political party under penalty of perjury. The provisions of this
16-42 subsection apply to the person, committee or political party
16-43 beginning the year of the general election or general city election
16-44 for that office through the year immediately preceding the next
16-45 general election or general city election for that office.
17-1 2. Every person, committee or political party described in
17-2 subsection 1 which makes an expenditure on behalf of a candidate
17-3 for office at a primary election, primary city election, general
17-4 election or general city election or a group of such candidates
17-5 shall, if the general election or general city election for the office
17-6 for which the candidate or a candidate in the group of candidates
17-7 seeks election is held on or after January 1 and before the July 1
17-8 immediately following that January 1, not later than:
17-9 (a) Sevendays before [a] the primary election or primary city
17-10 election[,] for that office, for the period from [30 days after the last
17-11 election for that office to] the January 1 immediately preceding the
17-12 primary election or primary city election through 12 days before
17-13 the primary election or primary city election;
17-14 (b) Seven days before [a] the general election or general city
17-15 election[, whether or not the candidate won the primary election or
17-16 primary city election,] for that office, for the period from [12] 11
17-17 days before the primary election or primary city election [to]
17-18 through 12 days before the general election or general city election;
17-19 and
17-20 (c) [The 15th day of the second month after a general election or
17-21 general city election, for the remaining period up to 30 days after the
17-22 general election or general city election,
17-23 list] July 15 of the year of the general election or general city
17-24 election for that office, for the period from 11 days before the
17-25 general election or general city election through the June 30 of
17-26 that year,
17-27 report each expenditure made during the period on behalf of [a
17-28 candidate or] the candidate, the group of candidates or a candidate
17-29 in the group of candidates in excess of $100 on [forms] the form
17-30 designed and provided by the Secretary of State [and] pursuant to
17-31 section 1 of this act. The form must be signed by the person or a
17-32 representative of the [group] committee or political party under
17-33 penalty of perjury. [The report must also include identification of
17-34 expenditures which the person or group made cumulatively in
17-35 excess of $100 since the beginning of the first reporting period.
17-36 2.] 3. Every person, committee or political party described in
17-37 subsection 1 which makes an expenditure on behalf of a candidate
17-38 for office at a primary election, primary city election, general
17-39 election or general city election or on behalf of a group of such
17-40 candidates shall, if the general election or general city election for
17-41 the office for which the candidate or a candidate in the group of
17-42 candidates seeks election is held on or after July 1 and before the
17-43 January 1 immediately following that July 1, not later than:
17-44 (a) Seven days before the primary election or primary city
17-45 election for that office, for the period from the January 1
17-46 immediately preceding the primary election or primary city
18-1 election through 12 days before the primary election or primary
18-2 city election; and
18-3 (b) Seven days before the general election or general city
18-4 election for that office, for the period from 11 days before the
18-5 primary election or primary city election through 12 days before
18-6 the general election or general city election,
18-7 report each expenditure made during the period on behalf of the
18-8 candidate, the group of candidates or a candidate in the group of
18-9 candidates in excess of $100 on the form designed and provided by
18-10 the Secretary of State pursuant to section 1 of this act. The form
18-11 must be signed by the person or a representative of the committee
18-12 or political party under penalty of perjury.
18-13 4. Except as otherwise provided in subsection 5, every person,
18-14 committee or political party described in subsection 1 which makes
18-15 an expenditure on behalf of a candidate for office at a special
18-16 election or on behalf of a group of such candidates shall, not later
18-17 than:
18-18 (a) Seven days before the special election for the office for
18-19 which the candidate or a candidate in the group of candidates
18-20 seeks election, for the period from the nomination of the candidate
18-21 through 12 days before the special election; and
18-22 (b) Thirty days after the special election, for the remaining
18-23 period through the special election,
18-24 report each expenditure made during the period on behalf of the
18-25 candidate, the group of candidates or a candidate in the group of
18-26 candidates in excess of $100 on the form designed and provided by
18-27 the Secretary of State pursuant to section 1 of this act. The form
18-28 must be signed by the person or a representative of the committee
18-29 or political party under penalty of perjury.
18-30 5. Every person, committee or political party described in
18-31 subsection 1 which makes an expenditure on behalf of a candidate
18-32 for office at a special election to determine whether a public
18-33 officer will be recalled or on behalf of a group of such candidates
18-34 shall list each expenditure made on behalf of the candidate, the
18-35 group of candidates or a candidate in the group of candidates in
18-36 excess of $100 on the form designed and provided by the Secretary
18-37 of State pursuant to section 1 of this act and signed by the person
18-38 or a representative of the committee or political party under
18-39 penalty of perjury, 30 days after:
18-40 (a) The special election, for the period from the filing of the
18-41 notice of intent to circulate the petition for recall through the
18-42 special election; or
18-43 (b) If the special election is not held because a district court
18-44 determines that the petition for recall is legally insufficient
18-45 pursuant to subsection 5 of NRS 306.040, for the period from the
19-1 filing of the notice of intent to circulate the petition for recall
19-2 through the date of the district court’s decision.
19-3 6. Expenditures made within the State or made elsewhere but
19-4 for use within the State, including expenditures made outside the
19-5 State for printing, television and radio broadcasting or other
19-6 production of the media, must be included in the report.
19-7 [3. If the candidate is elected from one county, the reports must
19-8 be filed with the county clerk of that county. If the candidate is
19-9 elected from one city, the reports must be filed with the city clerk of
19-10 that city. Otherwise, the]
19-11 7. The reports must be filed with :
19-12 (a) If the candidate is elected from one county, the county
19-13 clerk of that county;
19-14 (b) If the candidate is elected from one city, the city clerk of
19-15 that city; or
19-16 (c) If the candidate is elected from more than one county or
19-17 city, the Secretary of State.
19-18 8. If an expenditure is made on behalf of a group of candidates,
19-19 the reports must be [made to the officer appropriate for each
19-20 candidate and] itemized by the candidate. A person may [make]
19-21 mail or transmit his report to the appropriate officer by regular
19-22 mail, certified mail [. If certified mail is used, the date of mailing] ,
19-23 facsimile machine or electronic means. A report shall be deemed
19-24 [the date of filing.
19-25 4.] to be filed with the officer:
19-26 (a) On the date that it was mailed if it was sent by certified
19-27 mail; or
19-28 (b) On the date that it was received by the officer if the report
19-29 was sent by regular mail, transmitted by facsimile machine or
19-30 electronic means, or delivered personally.
19-31 9. Each county clerk or city clerk who receives a report
19-32 pursuant to [subsection 3]this section shall file a copy of the report
19-33 with the Secretary of State within 10 working days after he receives
19-34 the report.
19-35 [5. The forms designed and provided by the Secretary of State
19-36 for the reporting of expenditures pursuant to this section must be
19-37 designed to be used by the person or representative of the group to
19-38 record in the form of a list each expenditure as it is made.]
19-39 10. Every person, committee or political party described in
19-40 subsection 1 shall file a report required by this section even if he
19-41 or it receives no contributions.
19-42 Sec. 10. NRS 294A.220 is hereby amended to read as follows:
19-43 294A.220 1. Every person or group of persons organized
19-44 formally or informally who advocates the passage or defeat of a
19-45 question or group of questions on the ballot at [any election
19-46 including any recall or special] a primary election , primary city
20-1 election, general election or general city election, shall, not later
20-2 than January 15 of each year that the provisions of this subsection
20-3 apply to the person or group of persons, for the period from
20-4 January 1 of the previous year through December 31 of the
20-5 previous year, report each expenditure made during the period on
20-6 behalf of or against the question, the group of questions or a
20-7 question in the group of questions on the ballot in excess of $100
20-8 on the form designed and provided by the Secretary of State
20-9 pursuant to section 1 of this act. The form must be signed by the
20-10 person or a representative of the group under penalty of perjury.
20-11 The provisions of this subsection apply to the person or group of
20-12 persons:
20-13 (a) Each year in which an election or city election is held for a
20-14 question for which the person or group advocates passage or
20-15 defeat; and
20-16 (b) The year after each year described in paragraph (a).
20-17 2. If a question is on the ballot at a primary election or
20-18 primary city election and the general election or general city
20-19 election immediately following that primary election or primary
20-20 city election is held on or after January 1 and before the July 1
20-21 immediately following that January 1, every person or group of
20-22 persons organized formally or informally who advocates the
20-23 passage or defeat of the question or a group of questions that
20-24 includes the question shall comply with the requirements of this
20-25 subsection. If a question is on the ballot at a general election or
20-26 general city election held on or after January 1 and before the
20-27 July 1 immediately following that January 1, every person or
20-28 group of persons organized formally or informally who advocates
20-29 the passage or defeat of the question or a group of questions that
20-30 includes the question shall comply with the requirements of this
20-31 subsection. A person or group of persons described in this
20-32 subsection shall, not later than:
20-33 (a) Seven days before [a] the primary election or primary city
20-34 election, for the period from [30 days after the last general election
20-35 to] the January 1 immediately preceding the primary election or
20-36 primary city election through 12 days before the primary election
20-37 or primary city election;
20-38 (b) Seven days before [a] the general election or general city
20-39 election, for the period from [12] 11 days before the primary
20-40 election or primary city election [to] through 12days before the
20-41 general election or general city election; and
20-42 (c) [The 15th day of the second month after the general election
20-43 or general city election, for the remaining period up to 30 days after
20-44 the general election or general city election, list] July 15 of the year
20-45 of the general election or general city election, for the period from
21-1 11 days before the general election or general city election
21-2 through the June 30 immediately preceding that July 15,
21-3 report each expenditure made during the period on behalf of or
21-4 against [a question or] the question, the group of questions or a
21-5 question in the group of questions on the ballot in excess of $100
21-6 on the form designed and provided by the Secretary of State
21-7 pursuant to section 1 of this act and signed by the person or a
21-8 representative of the group under penalty of perjury. [The report
21-9 must also include the identification of expenditures which the
21-10 person or group made cumulatively in excess of $100 since the
21-11 beginning of the first reporting period.
21-12 2.] 3. If a question is on the ballot at a primary election or
21-13 primary city election and the general election or general city
21-14 election immediately following that primary election or primary
21-15 city election is held on or after July 1 and before the January 1
21-16 immediately following that July 1, every person or group of
21-17 persons organized formally or informally who advocates the
21-18 passage or defeat of the question or a group of questions that
21-19 includes the question shall comply with the requirements of this
21-20 subsection. If a question is on the ballot at a general election or
21-21 general city election held on or after July 1 and before the
21-22 January 1 immediately following that July 1, every person or
21-23 group of persons organized formally or informally who advocates
21-24 the passage or defeat of the question or a group of questions that
21-25 includes the question shall comply with the requirements of this
21-26 subsection. A person or group of persons described in this
21-27 subsection shall, not later than:
21-28 (a) Seven days before the primary election or primary city
21-29 election, for the period from the January 1 immediately preceding
21-30 the primary election or primary city election through 12 days
21-31 before the primary election or primary city election; and
21-32 (b) Seven days before the general election or general city
21-33 election, for the period from 11 days before the primary election or
21-34 primary city election through 12 days before the general election
21-35 or general city election,
21-36 report each expenditure made during the period on behalf of or
21-37 against the question, the group of questions or a question in the
21-38 group of questions on the ballot in excess of $100 on the form
21-39 designed and provided by the Secretary of State pursuant to
21-40 section 1 of this act. The form must be signed by the person or a
21-41 representative of the group under penalty of perjury.
21-42 4. Except as otherwise provided in subsection 5, every person
21-43 or group of persons organized formally or informally who
21-44 advocates the passage or defeat of a question or group of
21-45 questions on the ballot at a special election shall, not later than:
22-1 (a) Seven days before the special election, for the period from
22-2 the date the question qualified for the ballot through 12 days
22-3 before the special election; and
22-4 (b) Thirty days after the special election, for the remaining
22-5 period through the special election,
22-6 report each expenditure made during the period on behalf of or
22-7 against the question, the group of questions or a question in the
22-8 group of questions on the ballot in excess of $100 on the form
22-9 designed and provided by the Secretary of State pursuant to
22-10 section 1 of this act. The form must be signed by the person or a
22-11 representative of the group under penalty of perjury.
22-12 5. Every person or group of persons organized formally or
22-13 informally who advocates the passage or defeat of a question or
22-14 group of questions on the ballot at a special election to determine
22-15 whether a public officer will be recalled shall list each expenditure
22-16 made during the period on behalf of or against the question, the
22-17 group of questions or a question in the group of questions on
22-18 the ballot in excess of $100 on the form designed and provided by
22-19 the Secretary of State pursuant to section 1 of this act and signed
22-20 by the person or a representative of the group under penalty of
22-21 perjury, 30 days after:
22-22 (a) The special election, for the period from the filing of the
22-23 notice of intent to circulate the petition for recall through the
22-24 special election; or
22-25 (b) If the special election is not held because a district court
22-26 determines that the petition for recall is legally insufficient
22-27 pursuant to subsection 5 of NRS 306.040, for the period from the
22-28 filing of the notice of intent to circulate the petition for recall
22-29 through the date of the district court’s decision.
22-30 6. Expenditures made within the State or made elsewhere but
22-31 for use within the State, including expenditures made outside the
22-32 State for printing, television and radio broadcasting or other
22-33 production of the media, must be included in the report.
22-34 [3. If the question is submitted to the voters of only one county,
22-35 the reports must be filed with the county clerk of that county. If the
22-36 question is submitted to the voters of only one city, the reports must
22-37 be filed with the city clerk of that city. Otherwise, the]
22-38 7. The reports required pursuant to this section must be filed
22-39 with :
22-40 (a) If the question is submitted to the voters of one county, the
22-41 county clerk of that county;
22-42 (b) If the question is submitted to the voters of one city, the city
22-43 clerk of that city; or
22-44 (c) If the question is submitted to the voters of more than one
22-45 county or city, the Secretary of State.
23-1 8. If an expenditure is made on behalf of a group of questions,
23-2 the reports [must be made to the officer appropriate for each
23-3 question and] must be itemized by question. A person may [make]
23-4 mail or transmit his report to the appropriate filing officer by
23-5 regular mail, certified mail [. If certified mail is used, the date of
23-6 mailing] , facsimile machine or electronic means. A report shall be
23-7 deemed [the date of filing.
23-8 4.] to be filed with the filing officer:
23-9 (a) On the date that it was mailed if it was sent by certified
23-10 mail; or
23-11 (b) On the date that it was received by the filing officer if the
23-12 report was sent by regular mail, transmitted by facsimile machine
23-13 or electronic means, or delivered personally.
23-14 9. Each county clerk or city clerk who receives a report
23-15 pursuant to [subsection 3] this section shall file a copy of the report
23-16 with the Secretary of State within 10 working days after he receives
23-17 the report.
23-18 [5. The form designed and provided by the Secretary of State
23-19 for the reporting of expenditure pursuant to this section must be
23-20 designed to be used by the person or representative of the group to
23-21 record in the form of a list each expenditure as it is made.]
23-22 Sec. 11. NRS 294A.270 is hereby amended to read as follows:
23-23 294A.270 1. Except as otherwise provided in subsection 3,
23-24 each committee for the recall of a public officer shall, not later than:
23-25 (a) Seven days before the special election to recall a public
23-26 officer, for the period from the filing of the notice of intent to
23-27 circulate the petition for recall [up to] through 12 days before the
23-28 special election; and
23-29 (b) Thirty days after the election, for the remaining period [up
23-30 to] through the election,
23-31 [list] report each contribution received or made by the committee in
23-32 excess of $100 on [a] the form designed and provided by the
23-33 Secretary of State [and] pursuant to section 1 of this act. The form
23-34 must be signed by a representative of the committee under penalty
23-35 of perjury.
23-36 2. If a petition for the purpose of recalling a public officer is
23-37 not filed before the expiration of the notice of intent, the committee
23-38 for the recall of a public officer shall, not later than 30 days after the
23-39 expiration of the notice of intent, [list] report each contribution
23-40 received [or] by the committee, and each contribution made by the
23-41 committee in excess of $100.
23-42 3. If a court does not order a special election for the recall of
23-43 the public officer, the committee for the recall of a public officer
23-44 shall, not later than 30 days after the court determines that an
23-45 election will not be held, for the period from the filing of the notice
23-46 of intent to circulate the petition for recall [up to] through the day
24-1 the court determines that an election will not be held, [list] report
24-2 each contribution received [or] by the committee, and each
24-3 contribution made by the committee in excess of $100.
24-4 4. Each report of contributions must be filed with the Secretary
24-5 of State. The committee may mail or transmit the report by regular
24-6 mail, certified mail [. If certified mail is used, the date of mailing] ,
24-7 facsimile machine or electronic means. A report shall be deemed
24-8 [the date of filing.] to be filed with the Secretary of State:
24-9 (a) On the date that it was mailed if it was sent by certified
24-10 mail; or
24-11 (b) On the date that it was received by the Secretary of State if
24-12 the report was sent by regular mail, transmitted by facsimile
24-13 machine or electronic means, or delivered personally.
24-14 5. The name and address of the contributor and the date on
24-15 which the contribution was received must be included on the [list]
24-16 report for each contribution, whether from or to a natural person,
24-17 association or corporation, in excess of $100 and contributions
24-18 which a contributor or the committee has made cumulatively in
24-19 excess of that amount since the beginning of the [first] current
24-20 reporting period. [The form designed and provided by the Secretary
24-21 of State for the reporting of contributions pursuant to this section
24-22 must be designed to be used by the committee to record in the form
24-23 of a list each contribution as it is received or made.]
24-24 Sec. 12. NRS 294A.280 is hereby amended to read as follows:
24-25 294A.280 1. Except as otherwise provided in subsection 3,
24-26 each committee for the recall of a public officer shall, not later than:
24-27 (a) Seven days before the special election to recall a public
24-28 officer, for the period from the filing of the notice of intent to
24-29 circulate the petition for recall [up to] through 12 days before the
24-30 special election; and
24-31 (b) Thirty days after the election, for the remaining period [up
24-32 to] through the election,
24-33 [list] report each expenditure made by the committee in excess of
24-34 $100 on [a] the form designed and provided by the Secretary of
24-35 State [and] pursuant to section 1 of this act. The form must be
24-36 signed by a representative of the committee under penalty of
24-37 perjury.
24-38 2. If a petition for the purpose of recalling a public officer is
24-39 not filed before the expiration of the notice of intent, the committee
24-40 for the recall of a public officer shall, not later than 30 days after the
24-41 expiration of the notice of intent, [list] report each expenditure made
24-42 by the committee in excess of $100.
24-43 3. If a court does not order a special election for the recall of
24-44 the public officer, the committee for the recall of a public officer
24-45 shall, not later than 30 days after the court determines that an
24-46 election will not be held, for the period from the filing of the notice
25-1 of intent to circulate the petition for recall [up to] through the day
25-2 the court determines that an election will not be held, [list] report
25-3 each expenditure made by the committee in excess of $100.
25-4 4. [The report must also include identification of expenditures
25-5 which the committee for the recall of a public officer made
25-6 cumulatively in excess of $100 since the beginning of the first
25-7 reporting period.
25-8 5.] Each report of expenditures must be filed with the Secretary
25-9 of State. The committee may mail or transmit the report to the
25-10 Secretary of State by regular mail, certified mail [. If certified mail
25-11 is used, the date of mailing] , facsimile machine or electronic
25-12 means. A report shall be deemed [the date of filing.
25-13 6. The form designed and provided by the Secretary of State
25-14 for the reporting of expenditures pursuant to this section must be
25-15 designed to be used by a committee to record in the form of a list
25-16 each expenditure as it is made.] to be filed with the Secretary of
25-17 State:
25-18 (a) On the date that it was mailed if it was sent by certified
25-19 mail; or
25-20 (b) On the date that it was received by the Secretary of State if
25-21 the report was sent by regular mail, transmitted by facsimile
25-22 machine or electronic means, or delivered personally.
25-23 Sec. 13. NRS 294A.360 is hereby amended to read as follows:
25-24 294A.360 1. Every candidate for city office [where the] at a
25-25 primary city election or general city election [is preceded by a
25-26 primary city election] shall file the reports in the manner required by
25-27 NRS 294A.120[, 294A.200 and 294A.350] and 294A.200 for other
25-28 offices not later than January 15 of each year, for the period from
25-29 January 1 of the previous year through December 31 of the
25-30 previous year. The provisions of this subsection apply to the
25-31 candidate:
25-32 (a) Beginning the year of the general city election for that
25-33 office through the year immediately preceding the next general
25-34 city election for that office; and
25-35 (b) Each year immediately succeeding a calendar year during
25-36 which the candidate disposes of contributions pursuant to
25-37 NRS 294A.160.
25-38 2. Every candidate for city office at a primary city election or
25-39 general city election, if the general city election for the office for
25-40 which he is a candidate is held on or after January 1 and before
25-41 the July 1 immediately following that January 1, shall file the
25-42 reports in the manner required by NRS 294A.120 and 294A.200
25-43 for other offices not later than:
25-44 (a) Seven days before the primary city election[,] for that
25-45 office, for the period from [30 days after the last election for that
26-1 office up to] the January 1 immediately preceding the primary city
26-2 election through 12 days before the primary city election;
26-3 (b) Seven days before the general city election[, whether or not
26-4 the candidate won the primary city election,] for that office, for the
26-5 period from [12] 11 days before the primary city election [up to]
26-6 through 12 days before the general city election; and
26-7 (c) [The 15th day of the second month after the general city
26-8 election, for the remaining period up to 30 days after the general city
26-9 election.
26-10 2. Every] July 15 of the year of the general city election for
26-11 that office, for the period from 11 days before the general city
26-12 election through the June 30 of that year.
26-13 3. Every candidate for city office at a primary city election or
26-14 general city election, if the general city election for the office for
26-15 which he is a candidate is held on or after July 1 and before the
26-16 January 1 immediately following that July 1, shall file the reports
26-17 in the manner required by NRS 294A.120 and 294A.200 for other
26-18 offices not later than:
26-19 (a) Seven days before the primary city election for that office,
26-20 for the period from the January 1 immediately preceding the
26-21 primary city election through 12 days before the primary city
26-22 election; and
26-23 (b) Seven days before the general city election for that office,
26-24 for the period from 11 days before the primary city election
26-25 through 12 days before the general city election.
26-26 4. Except as otherwise provided in subsection 5, every
26-27 candidate for city office [where there is no primary city] at a special
26-28 election shall so file those reports:
26-29 (a) Seven days before the [general city] special election, for the
26-30 period from [30 days after the last election for that office up to] his
26-31 nomination through 12 days before the [general city] special
26-32 election; and
26-33 (b) [The 15th day of the second month] Thirty days after the
26-34 [general city] special election, for the remaining period [up to 30
26-35 days after the general city election.
26-36 3. The city clerk shall design the form for each report a
26-37 candidate for city office is required to file pursuant to NRS
26-38 294A.120 and 294A.200. The form designed and provided by the
26-39 city clerk for the reporting of campaign contributions and campaign
26-40 expenses pursuant to this section must be designed to be used to
26-41 record in the form of a list each campaign contribution as it is made
26-42 and each campaign expense in excess of $100 as it is incurred.
26-43 The city clerk shall submit the form to the Secretary of State for
26-44 approval. The city clerk shall not use such a form until it is
26-45 approved.] through the special election.
27-1 5. Every candidate for city office at a special election to
27-2 determine whether a public officer will be recalled shall so file
27-3 those reports 30 days after:
27-4 (a) The special election, for the period from the filing of the
27-5 notice of intent to circulate the petition for recall through the
27-6 special election; or
27-7 (b) If the special election is not held because a district court
27-8 determines that the petition for recall is legally insufficient
27-9 pursuant to subsection 5 of NRS 306.040, for the period from the
27-10 filing of the notice of intent to circulate the petition for recall
27-11 through the date of the district court’s decision.
27-12 Sec. 14. NRS 294A.362 is hereby amended to read as follows:
27-13 294A.362 1. In addition to [filing the forms designed and
27-14 provided by the Secretary of State] reporting information pursuant
27-15 to NRS 294A.120, 294A.125 [and 294A.200, or the forms designed
27-16 and provided by a city clerk pursuant to NRS 294A.360, as
27-17 appropriate,] , 294A.200 and 294A.360, each candidate who is
27-18 required to file a report of campaign contributions and expenses
27-19 pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 shall
27-20 [file a separate form relating only to] report on the form designed
27-21 and provided by the Secretary of State pursuant to section 1 of this
27-22 act goods and services provided in kind for which money would
27-23 otherwise have been paid. The candidate shall list on the form each
27-24 such campaign contribution in excess of $100 that he receives
27-25 during the reporting period, each such campaign contribution
27-26 from a contributor received during the reporting period which
27-27 cumulatively exceeds $100, and each such expense in excess of
27-28 $100 he incurs during the reporting period.
27-29 2. [The Secretary of State shall design the form described in
27-30 subsection 1 for each candidate who is required to use the form to
27-31 file a report pursuant to NRS 294A.120, 294A.125 or 294A.200.
27-32 The city clerk shall design the form described in subsection 1 for
27-33 each candidate who is required to use the form to file a report
27-34 pursuant to NRS 294A.360. The city clerk shall submit the form to
27-35 the Secretary of State for approval. The city clerk shall not use such
27-36 a form until it is approved. The Secretary of State and each city
27-37 clerk shall design the format of the form described in subsection 1
27-38 so that a candidate who uses the form may record in the form a list
27-39 of each such campaign contribution as the contribution is received
27-40 and expense in excess of $100 as it is incurred.
27-41 3.] The Secretary of State and each city clerk shall not require a
27-42 candidate to list the campaign contributions and expenses described
27-43 in this section on any form other than [a form designed and provided
27-44 pursuant to this section.
27-45 4. Upon request, the Secretary of State shall provide a copy of
27-46 the form described in subsection 1 to each candidate who is required
28-1 to file a report of his campaign contributions and expenses pursuant
28-2 to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city
28-3 clerk shall provide a copy of the form described in subsection 1 to
28-4 each candidate who is required to file a report of his campaign
28-5 contributions and expenses pursuant to NRS 294A.360.] the form
28-6 designed and provided by the Secretary of State pursuant to
28-7 section 1 of this act.
28-8 Sec. 15. NRS 294A.365 is hereby amended to read as follows:
28-9 294A.365 1. Each report of expenditures required pursuant to
28-10 NRS 294A.210, 294A.220 and 294A.280 must consist of a list of
28-11 [the expenditures] each expenditure in excess of $100 that was
28-12 made during the periods for reporting. Each report of expenses
28-13 required pursuant to NRS 294A.125 and 294A.200 must consist of a
28-14 list of each expense in excess of $100 that was incurred during the
28-15 periods for reporting. The list in each report must state the category
28-16 and amount of the expense or expenditure and the date on which the
28-17 expense was incurred or the expenditure was made.
28-18 2. The categories of expense or expenditure for use on the
28-19 report of expenses or expenditures are:
28-20 (a) Office expenses;
28-21 (b) Expenses related to volunteers;
28-22 (c) Expenses related to travel;
28-23 (d) Expenses related to advertising;
28-24 (e) Expenses related to paid staff;
28-25 (f) Expenses related to consultants;
28-26 (g) Expenses related to polling;
28-27 (h) Expenses related to special events;
28-28 (i) Except as otherwise provided in NRS 294A.362, goods and
28-29 services provided in kind for which money would otherwise have
28-30 been paid; and
28-31 (j) Other miscellaneous expenses.
28-32 3. [The Secretary of State and each city clerk shall not require a
28-33 candidate to provide separately the total amount of each category of
28-34 expenses described in this section.] Each report of expenses or
28-35 expenditures described in subsection 1 must list the disposition of
28-36 any unspent campaign contributions using the categories set forth
28-37 in subsection 2 of NRS 294A.160.
28-38 Sec. 16. (Deleted by amendment.)
28-39 Sec. 17. NRS 294A.390 is hereby amended to read as follows:
28-40 294A.390 The officer from whom a candidate or entity
28-41 requests a form for:
28-42 1. A declaration of candidacy;
28-43 2. An acceptance of candidacy;
28-44 3. The registration of a committee for political action pursuant
28-45 to NRS 294A.230 or a committee for the recall of a public officer
28-46 pursuant to NRS 294A.250; or
29-1 4. The reporting of campaign contributions, expenses or
29-2 expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,
29-3 [294A.180,] 294A.200, 294A.210, 294A.220, 294A.270, 294A.280
29-4 or 294A.360,
29-5 shall furnish the candidate with the necessary forms for reporting
29-6 and copies of the regulations adopted by the Secretary of State
29-7 pursuant to this chapter. An explanation of the applicable provisions
29-8 of NRS 294A.100, 294A.120, 294A.140Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15)., 294A.150, [294A.180,]
29-9 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360
29-10 relating to the making, accepting or reporting of campaign
29-11 contributions, expenses or expenditures and the penalties for a
29-12 violation of those provisions as set forth in NRS 294A.100 or
29-13 294A.420 must be [printed on the forms.] developed by the
29-14 Secretary of State and provided upon request. The candidate or
29-15 entity shall acknowledge receipt of the material.
29-16 Sec. 18. NRS 294A.420 is hereby amended to read as follows:
29-17 294A.420 1. If the Secretary of State receives information
29-18 that a person or entity that is subject to the provisions of NRS
29-19 294A.120, 294A.140, 294A.150, [294A.180,] 294A.200, 294A.210,
29-20 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not
29-21 filed a report or form for registration pursuant to the applicable
29-22 provisions of those sections, the Secretary of State may, after giving
29-23 notice to that person or entity, cause the appropriate proceedings to
29-24 be instituted in the First Judicial District Court.
29-25 2. Except as otherwise provided in this section, a person or
29-26 entity that violates an applicable provision of NRS 294A.112,
29-27 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, [294A.170,
29-28 294A.180,] 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,
29-29 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject
29-30 to a civil penalty of not more than $5,000 for each violation and
29-31 payment of court costs and attorney’s fees. The civil penalty must
29-32 be recovered in a civil action brought in the name of the State of
29-33 Nevada by the Secretary of State in the First Judicial District Court
29-34 and deposited by the Secretary of State for credit to the State
29-35 General Fund in the bank designated by the Treasurer.
29-36 3. If a civil penalty is imposed because a person or entity has
29-37 reported its contributions, expenses or expenditures after the date
29-38 the report is due, the amount of the civil penalty is:
29-39 (a) If the report is not more than 7 days late, $25 for each day
29-40 the report is late.
29-41 (b) If the report is more than 7 days late but not more than 15
29-42 days late, $50 for each day the report is late.
29-43 (c) If the report is more than 15 days late, $100 for each day the
29-44 report is late.
29-45 4. For good cause shown, the Secretary of State may waive a
29-46 civil penalty that would otherwise be imposed pursuant to this
30-1 section. If the Secretary of State waives a civil penalty pursuant to
30-2 this subsection, the Secretary of State shall:
30-3 (a) Create a record which sets forth that the civil penalty has
30-4 been waived and describes the circumstances that constitute the
30-5 good cause shown; and
30-6 (b) Ensure that the record created pursuant to paragraph (a) is
30-7 available for review by the general public.
30-8 Sec. 19. Chapter 281 of NRS is hereby amended by adding
30-9 thereto a new section to read as follows:
30-10 1. Except as otherwise provided in subsection 2, if a public
30-11 officer who was appointed to the office for which he is serving is
30-12 entitled to receive annual compensation of $6,000 or more for
30-13 serving in that office, he shall file with the Commission a
30-14 statement of financial disclosure, as follows:
30-15 (a) A public officer appointed to fill the unexpired term of an
30-16 elected or appointed public officer shall file a statement of
30-17 financial disclosure within 30 days after his appointment.
30-18 (b) Each public officer appointed to fill an office shall file a
30-19 statement of financial disclosure on or before January 15 of each
30-20 year of the term, including the year the term expires.
30-21 2. If a person is serving in a public office for which he is
30-22 required to file a statement pursuant to subsection 1, he may use
30-23 the statement he files for that initial office to satisfy the
30-24 requirements of subsection 1 for every other public office to which
30-25 he is appointed and in which he is also serving.
30-26 3. A judicial officer who is appointed to fill the unexpired
30-27 term of a predecessor or to fill a newly created judgeship shall file
30-28 a statement of financial disclosure pursuant to the requirements of
30-29 Canon 4I of the Nevada Code of Judicial Conduct. Such a
30-30 statement of financial disclosure must include, without limitation,
30-31 all information required to be included in a statement of financial
30-32 disclosure pursuant to NRS 281.571.
30-33 4. The Commission shall provide written notification to the
30-34 Secretary of State of the public officers who failed to file the
30-35 statements of financial disclosure required by subsection 1 or who
30-36 failed to file those statements in a timely manner. The notice must
30-37 be sent within 30 days after the deadlines set forth in subsection 1
30-38 and must include:
30-39 (a) The name of each public officer who failed to file his
30-40 statement of financial disclosure within the period before the
30-41 notice is sent;
30-42 (b) The name of each public officer who filed his statement of
30-43 financial disclosure after the deadlines set forth in subsection 1
30-44 but within the period before the notice is sent;
30-45 (c) For the first notice sent after the public officer filed his
30-46 statement of financial disclosure, the name of each public officer
31-1 who filed his statement of financial disclosure after the deadlines
31-2 set forth in subsection 1 but within the period before the notice is
31-3 sent; and
31-4 (d) For each public officer listed in paragraph (c), the date on
31-5 which the statement of financial disclosure was due and the date
31-6 on which the public officer filed the statement.
31-7 5. In addition to the notice provided pursuant to subsection 4,
31-8 the Commission shall notify the Secretary of State of each public
31-9 officer who files a statement of financial disclosure more than 30
31-10 days after the deadlines set forth in subsection 1. The notice must
31-11 include the information described in paragraphs (c) and (d) of
31-12 subsection 4.
31-13 6. A statement of financial disclosure shall be deemed to be
31-14 filed with the Commission:
31-15 (a) On the date that it was mailed if it was sent by certified
31-16 mail; or
31-17 (b) On the date that it was received by the Commission if the
31-18 statement was sent by regular mail, transmitted by facsimile
31-19 machine or electronic means, or delivered personally.
31-20 Sec. 20. NRS 281.411 is hereby amended to read as follows:
31-21 281.411 NRS 281.411 to 281.581, inclusive, and section 19 of
31-22 this act may be cited as the Nevada Ethics in Government Law.
31-23 Sec. 21. NRS 281.471 is hereby amended to read as follows:
31-24 281.471 The Commission shall:
31-25 1. Adopt procedural regulations:
31-26 (a) To facilitate the receipt of inquiries by the Commission;
31-27 (b) For the filing of a request for an opinion with the
31-28 Commission;
31-29 (c) For the withdrawal of a request for an opinion by the person
31-30 who filed the request; and
31-31 (d) To facilitate the prompt rendition of opinions by the
31-32 Commission.
31-33 2. Prescribe, by regulation, forms for the submission of
31-34 statements of financial disclosure and procedures for the
31-35 submission of statements of financial disclosure filed pursuant to
31-36 section 19 of this act and forms and procedures for the submission
31-37 of statements of acknowledgment filed by public officers pursuant
31-38 to NRS 281.552, maintain files of such statements and make the
31-39 statements available for public inspection.
31-40 3. Cause the making of such investigations as are reasonable
31-41 and necessary for the rendition of its opinions pursuant to this
31-42 chapter.
31-43 4. [Inform] Except as otherwise provided in section 19 of this
31-44 act, inform the Attorney General or district attorney of all cases of
31-45 noncompliance with the requirements of this chapter.
32-1 5. Recommend to the Legislature such further legislation as the
32-2 Commission considers desirable or necessary to promote and
32-3 maintain high standards of ethical conduct in government.
32-4 6. Publish a manual for the use of public officers and
32-5 employees that contains:
32-6 (a) Hypothetical opinions which are abstracted from opinions
32-7 rendered pursuant to subsection 1 of NRS 281.511, for the future
32-8 guidance of all persons concerned with ethical standards in
32-9 government;
32-10 (b) Abstracts of selected opinions rendered pursuant to
32-11 subsection 2 of NRS 281.511; and
32-12 (c) An abstract of the requirements of this chapter.
32-13 The Legislative Counsel shall prepare annotations to this chapter for
32-14 inclusion in the Nevada Revised Statutes based on the abstracts and
32-15 published opinions of the Commission.
32-16 Sec. 22. NRS 281.552 is hereby amended to read as follows:
32-17 281.552 1. Every public officer shall acknowledge that he
32-18 has received, read and understands the statutory ethical standards.
32-19 The acknowledgment must be on a form prescribed by the
32-20 Commission and must accompany the first statement of financial
32-21 disclosure that the public officer is required to file with the
32-22 Commission pursuant to section 19 of this act or the Secretary of
32-23 State pursuant to NRS 281.561.
32-24 2. The Commission and the Secretary of State shall retain an
32-25 acknowledgment filed pursuant to this section for 6 years after the
32-26 date on which the acknowledgment was filed.
32-27 3. Willful refusal to execute and file the acknowledgment
32-28 required by this section constitutes nonfeasance in office and is a
32-29 ground for removal pursuant to NRS 283.440.
32-30 Sec. 23. NRS 281.561 is hereby amended to read as follows:
32-31 281.561 1. [Except as otherwise provided in subsection 2 or
32-32 3, if a] Each candidate for public office [or a public officer is] who
32-33 will be entitled to receive annual compensation of $6,000 or more
32-34 for serving in the office [in question,] that he is seeking and each
32-35 public officer who was elected to the office for which he is serving
32-36 shall file with the [Commission and with the officer with whom
32-37 declarations of candidacy for the office in question are filed,]
32-38 Secretary of State a statement of financial disclosure, as follows:
32-39 (a) A candidate for nomination, election or reelection to public
32-40 office shall file a statement of financial disclosure no later than the
32-41 10th day after the last day to qualify as a candidate for the office [.
32-42 (b) A public officer appointed to fill the unexpired term of an
32-43 elected public officer shall file a statement of financial disclosure
32-44 within 30 days after his appointment.
32-45 (c) Every public officer, whether appointed or elected,] ; and
33-1 (b) Each public officer shall file a statement of financial
33-2 disclosure on or before [March 31] January 15 of each year of the
33-3 term, including the year the term expires.
33-4 [(d) A public officer who leaves office on a date other than the
33-5 expiration of his term or anniversary of his appointment or election,
33-6 shall file a statement of financial disclosure within 60 days after
33-7 leaving office.
33-8 2. A statement filed pursuant to one of the paragraphs of
33-9 subsection 1 may be used to satisfy the requirements of another
33-10 paragraph of subsection 1 if the initial statement was filed not more
33-11 than 3 months before the other statement is required to be filed.
33-12 3. If a person is serving in a public office for which he is
33-13 required to file a statement pursuant to subsection 1, he may use the
33-14 statement he files for that initial office to satisfy the requirements of
33-15 subsection 1 for every other public office in which he is also
33-16 serving.
33-17 4. A person may satisfy the requirements of subsection 1 by
33-18 filing with the Commission a copy of a statement of financial
33-19 disclosure that was filed pursuant to the requirements of a
33-20 specialized or local ethics committee if the form of the statement has
33-21 been approved by the Commission.
33-22 5.] 2. A candidate for judicial office or a judicial officer shall
33-23 file a statement of financial disclosure pursuant to the requirements
33-24 of Canon 4I of the Nevada Code of Judicial Conduct. Such a
33-25 statement of financial disclosure must include, without limitation,
33-26 all information required to be included in a statement of financial
33-27 disclosure pursuant to NRS 281.571.
33-28 3. A statement of financial disclosure shall be deemed to be
33-29 filed with the Secretary of State:
33-30 (a) On the date that it was mailed if it was sent by certified
33-31 mail; or
33-32 (b) On the date that it was received by the Secretary of State if
33-33 the statement was sent by regular mail, transmitted by facsimile
33-34 machine or electronic means, or delivered personally.
33-35 4. The statement of financial disclosure filed pursuant to this
33-36 section must be filed on the form prescribed by the Commission
33-37 pursuant to NRS 281.471.
33-38 5. The Secretary of State shall prescribe, by regulation,
33-39 procedures for the submission of statements of financial
33-40 disclosure filed pursuant to this section, maintain files of such
33-41 statements and make the statements available for public
33-42 inspection.
33-43 Sec. 24. NRS 281.573 is hereby amended to read as follows:
33-44 281.573 1. Except as otherwise provided in subsection 2,
33-45 statements of financial disclosure required by the provisions of NRS
33-46 281.561 and 281.571 and section 19 of this act must be retained by
34-1 the Commission [,] or Secretary of State [, county clerk and city
34-2 clerk] for 6 years after the date of filing.
34-3 2. For public officers who serve more than one term in either
34-4 the same public office or more than one public office, the period
34-5 prescribed in subsection 1 begins on the date of the filing of the last
34-6 statement of financial disclosure for the last public office held.
34-7 Sec. 25. (Deleted by amendment.)
34-8 Sec. 26. NRS 281.581 is hereby amended to read as follows:
34-9 281.581 1. [A] If the Secretary of State receives information
34-10 that a candidate for public office or public officer [who] willfully
34-11 fails to file his statement of financial disclosure or willfully fails to
34-12 file his statement of financial disclosure in a timely manner pursuant
34-13 to NRS 281.561 or section 19 of this act, the Secretary of State
34-14 may, after giving notice to that person or entity, cause the
34-15 appropriate proceedings to be instituted in the First Judicial
34-16 District Court.
34-17 2. Except as otherwise provided in this section, a candidate
34-18 for public office or public officer who willfully fails to file his
34-19 statement of financial disclosure or willfully fails to file his
34-20 statement of financial disclosure in a timely manner pursuant to
34-21 NRS 281.561 or section 19 of this act is subject to a civil penalty
34-22 and payment of court costs and attorney’s fees. [Except as otherwise
34-23 provided in subsection 3, the] The civil penalty must be recovered
34-24 in a civil action brought in the name of the State of Nevada by the
34-25 Secretary of State in the First Judicial District Court and
34-26 deposited by the Secretary of State for credit to the State General
34-27 Fund in the bank designated by the State Treasurer.
34-28 3. The amount of the civil penalty is:
34-29 (a) If the statement is filed not more than [7 days late, $25 for
34-30 each day the statement is late.] 10 days after the applicable
34-31 deadline set forth in subsection 1 of NRS 281.561 or subsection 1
34-32 of section 19 of this act, $25.
34-33 (b) If the statement is filed more than [7 days late] 10 days but
34-34 not more than [15 days late, $175 for the first 7 days, plus $50 for
34-35 each additional day the statement is late.] 20 days after the
34-36 applicable deadline set forth in subsection 1 of NRS 281.561 or
34-37 subsection 1 of section 19 of this act, $50.
34-38 (c) If the statement is filed more than [15 days late, $575 for the
34-39 first 15 days, plus $100 for each additional day the statement is late.
34-40 2. The Commission may, for] 20 days but not more than 30
34-41 days after the applicable deadline set forth in subsection 1 of NRS
34-42 281.561 or subsection 1 of section 19 of this act, $100.
34-43 (d) If the statement is filed more than 30 days but not more
34-44 than 45 days after the applicable deadline set forth in subsection 1
34-45 of NRS 281.561 or subsection 1 of section 19 of this act, $250.
35-1 (e) If the statement is not filed or is filed more than 45 days
35-2 after the applicable deadline set forth in subsection 1 of NRS
35-3 281.561 or subsection 1 of section 19 of this act, $2,000.
35-4 4. For good cause shown, the Secretary of State may waive
35-5 [or reduce the civil penalty.
35-6 3. The civil penalty imposed for a violation of this section must
35-7 not exceed the annual compensation for the office for which the
35-8 statement was filed.
35-9 4. The civil penalty must be recovered in a civil action brought
35-10 in the name of the State of Nevada by the Commission in a court of
35-11 competent jurisdiction and deposited by the Commission in the
35-12 account for credit to the State General Fund in the bank designated
35-13 by the State Treasurer.
35-14 5. If the Commission] a civil penalty that would otherwise be
35-15 imposed pursuant to this section. If the Secretary of State waives a
35-16 civil penalty pursuant to [subsection 2, the Commission] this
35-17 subsection, the Secretary of State shall:
35-18 (a) Create a record which sets forth that the civil penalty has
35-19 been waived and describes the circumstances that constitute the
35-20 good cause shown; and
35-21 (b) Ensure that the record created pursuant to paragraph (a) is
35-22 available for review by the general public.
35-23 5. As used in this section, “willfully” means deliberately,
35-24 intentionally and knowingly.
35-25 Sec. 27. NRS 294A.170 and 294A.180 are hereby repealed.
35-26 Sec. 27.5. The Secretary of State must obtain the advice and
35-27 consent of the Legislative Commission before providing a form
35-28 designed or revised by the Secretary of State pursuant to section 1 of
35-29 this act to a person, committee, political party or group that is
35-30 required to use the form.
35-31 Sec. 28. The statement of financial disclosure required to be
35-32 filed on or before January 15, 2004, by a public officer with the
35-33 Secretary of State pursuant to the amendatory provisions of NRS
35-34 281.561 must cover the period from the last statement of financial
35-35 disclosure filed by the public officer through December 31, 2003.
35-36 Sec. 28.5. A financial disclosure statement filed with a county
35-37 clerk or city clerk before January 1, 2004, must be retained by the
35-38 county clerk or city clerk for 6 years after the date of filing.
35-39 Sec. 29. This act becomes effective on January 1, 2004.
35-40 20~~~~~03