USA Statutes : nevada
Title : Title 24 - ELECTIONS
Chapter : CHAPTER 294A - CAMPAIGN PRACTICES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 294A.004
to 294A.009 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1981, 730; A 1983, 1374; 1989, 1061, 2172; 2005,
2294 )
“Campaign expenses” and “expenditures” mean:
1. Those expenditures made for advertising on television, radio,
billboards, posters and in newspapers; and
2. All other expenditures made,
Ê to advocate expressly the election or defeat of a clearly identified
candidate or group of candidates or the passage or defeat of a clearly
identified question or group of questions on the ballot, including any
payments made to a candidate or any person who is related to the
candidate within the second degree of consanguinity or affinity.
(Added to NRS by 1981, 730; A 1991, 1393; 1997, 238; 2003, 2995
)
“Candidate” means any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received contributions in excess of $100.
(Added to NRS by 1977, 1363; A 1981, 730; 1997, 239)
1. “Committee for political action” means any group of natural
persons or entities that solicits or receives contributions from any
other person, group or entity and:
(a) Makes or intends to make contributions to candidates or other
persons; or
(b) Makes or intends to make expenditures,
Ê designed to affect the outcome of any primary, general or special
election or question on the ballot.
2. “Committee for political action” does not include:
(a) An organization made up of legislative members of a political
party whose primary purpose is to provide support for their political
efforts.
(b) An entity solely because it provides goods or services to a
candidate or committee in the regular course of its business at the same
price that would be provided to the general public.
(c) An individual natural person.
(d) An individual corporation or other business entity who has
filed articles of incorporation or other documentation of organization
with the Secretary of State pursuant to title 7 of NRS.
(e) A labor union.
(f) A personal campaign committee or the personal representative of
a candidate who receives contributions or makes expenditures that are
reported as campaign contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(Added to NRS by 1989, 2172; A 2001, 1429 )
“Committee for the recall of a public officer” means an
organization that:
1. Receives any contributions, makes any contributions to
candidates or persons or makes any expenditures that are designed to
affect the recall of a public officer; or
2. Files a notice of intent to circulate the petition for recall.
(Added to NRS by 1989, 1060; A 2003, 1711 )
1. “Contribution” means a gift, loan, conveyance, deposit,
payment, transfer or distribution of money or of anything of value other
than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of
compensation for the personal services of another person which are
rendered to a:
(1) Candidate;
(2) Person who is not under the direction or control of a
candidate or group of candidates or of any person involved in the
campaign of the candidate or group who makes an expenditure on behalf of
the candidate or group which is not solicited or approved by the
candidate or group;
(3) Committee for political action, political party or
committee sponsored by a political party which makes an expenditure on
behalf of a candidate or group of candidates; or
(4) Person or group of persons organized formally or
informally who advocates the passage or defeat of a question or group of
questions on the ballot,
Ê without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would
have otherwise been paid, such as paid polling and resulting data, paid
direct mail, paid solicitation by telephone, any paid paraphernalia that
was printed or otherwise produced to promote a campaign and the use of
paid personnel to assist in a campaign.
2. As used in this section, “volunteer” means a person who does
not receive compensation of any kind, directly or indirectly, for the
services he provides to a campaign.
(Added to NRS by 1981, 730; A 1991, 1393; 1997, 239)
“Loan” means a transfer of money,
property or anything of value in exchange for an obligation to repay the
transfer of money in whole or in part.
(Added to NRS by 2005, 2294 )
“Person” means:
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without
limitation, a corporation, partnership, association, trust,
unincorporated organization, labor union, committee for political action,
political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a
government.
(Added to NRS by 1983, 1373; A 1985, 514; 1997, 239)
CAMPAIGN CONTRIBUTIONS
1. A person shall not make a contribution or contributions to a
candidate for any office, except a federal office, in an amount which
exceeds $5,000 for the primary election or primary city election,
regardless of the number of candidates for the office, and $5,000 for the
general election or general city election, regardless of the number of
candidates for the office, during the period:
(a) Beginning from 30 days before the regular session of the
Legislature immediately following the last election for the office and
ending 30 days before the regular session of the Legislature immediately
following the next election for the office, if that office is a state,
district, county or township office; or
(b) Beginning from 30 days after the last election for the office
and ending 30 days before the next general city election for the office,
if that office is a city office.
2. A candidate shall not accept a contribution made in violation
of subsection 1.
3. A person who willfully violates any provision of this section
is guilty of a category E felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1991, 1401; A 1997, 240)
1. A person shall not:
(a) Make a contribution in the name of another person;
(b) Knowingly allow his name to be used to cause a contribution to
be made in the name of another person or assist in the making of a
contribution in the name of another person;
(c) Knowingly assist a person to make a contribution in the name of
another person; or
(d) Knowingly accept a contribution made by a person in the name of
another person.
2. As used in this section, “make a contribution in the name of
another person” includes, without limitation:
(a) Giving money or an item of value, all or part of which was
provided by another person, without disclosing the source of the money or
item of value to the recipient at the time the contribution is made; and
(b) Giving money or an item of value, all or part of which belongs
to the person who is giving the money or item of value, and claiming that
the money or item of value belongs to another person.
(Added to NRS by 1997, 236)
1. Every candidate for state, district, county or township office
at a primary or general election shall, not later than January 15 of each
year, for the period from January 1 of the previous year through December
31 of the previous year, report each campaign contribution in excess of
$100 he received during the period and contributions received during the
period from a contributor which cumulatively exceed $100. The provisions
of this subsection apply to the candidate beginning the year of the
general election for that office through the year immediately preceding
the next general election for that office.
2. Every candidate for state, district, county or township office
at a primary or general election shall, if the general election for the
office for which he is a candidate is held on or after January 1 and
before the July 1 immediately following that January 1, not later than:
(a) Seven days before the primary election for that office, for the
period from the January 1 immediately preceding the primary election
through 12 days before the primary election;
(b) Seven days before the general election for that office, for the
period from 11 days before the primary election through 12 days before
the general election; and
(c) July 15 of the year of the general election for that office,
for the period from 11 days before the general election through June 30
of that year,
Ê report each campaign contribution in excess of $100 he receives during
the period and contributions received during the period from a
contributor which cumulatively exceed $100. The report must be completed
on the form designed and provided by the Secretary of State pursuant to
NRS 294A.373 . Each form must be
signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county or township office
at a primary or general election shall, if the general election for the
office for which he is a candidate is held on or after July 1 and before
the January 1 immediately following that July 1, not later than:
(a) Seven days before the primary election for that office, for the
period from the January 1 immediately preceding the primary election
through 12 days before the primary election; and
(b) Seven days before the general election for that office, for the
period from 11 days before the primary election through 12 days before
the general election,
Ê report each campaign contribution in excess of $100 he received during
the period and contributions received during the period from a
contributor which cumulatively exceed $100. The report must be completed
on the form designed and provided by the Secretary of State pursuant to
NRS 294A.373 . Each form must be
signed by the candidate under penalty of perjury.
4. Except as otherwise provided in subsection 5, every candidate
for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his
nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each campaign contribution in excess of $100 he received during
the period and contributions received during the reporting period from a
contributor which cumulatively exceed $100. The report must be completed
on the form designed and provided by the Secretary of State pursuant to
NRS 294A.373 . Each form must be
signed by the candidate under penalty of perjury.
5. Every candidate for state, district, county, municipal or
township office at a special election to determine whether a public
officer will be recalled shall list each of the campaign contributions
that he receives on the form designed and provided by the Secretary of
State pursuant to NRS 294A.373 and
signed by the candidate under penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) A district court determines that the petition for recall is
legally insufficient pursuant to subsection 5 of NRS 306.040 , for the period from the filing of the notice
of intent to circulate the petition for recall through the date of the
district court’s decision.
6. Reports of campaign contributions must be filed with the
officer with whom the candidate filed the declaration of candidacy or
acceptance of candidacy. A candidate may mail or transmit the report to
that officer by regular mail, certified mail, facsimile machine or
electronic means. A report shall be deemed to be filed with the officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
7. Every county clerk who receives from candidates for legislative
or judicial office, including, without limitation, the office of justice
of the peace or municipal judge, reports of campaign contributions
pursuant to this section shall file a copy of each report with the
Secretary of State within 10 working days after he receives the report.
8. The name and address of the contributor and the date on which
the contribution was received must be included on the report for each
contribution in excess of $100 and contributions which a contributor has
made cumulatively in excess of that amount since the beginning of the
current reporting period.
(Added to NRS by 1975, 591; A 1977, 1364; 1979, 488; 1981, 730;
1983, 346; 1985, 269, 1109; 1991, 1394; 1995, 825, 1514; 1997, 240; 1999,
2552 , 3556 ; 2001, 274 ; 2001 Special Session, 167 ; 2003, 2996 ; 2005, 2294 )
1. In addition to complying with the requirements set forth in NRS
294A.120 , 294A.200 and 294A.360 , a candidate who receives contributions in
any year before the year in which the general election or general city
election in which the candidate intends to seek election to public office
is held shall, for:
(a) The year in which he receives contributions in excess of
$10,000, list each of the contributions that he receives and the
expenditures in excess of $100 made in that year.
(b) Each year after the year in which he received contributions in
excess of $10,000, until the year of the general election or general city
election in which the candidate intends to seek election to public office
is held, list each of the contributions that he received and the
expenditures in excess of $100 made in that year.
2. The reports required by subsection 1 must be submitted on the
form designed and provided by the Secretary of State pursuant to NRS
294A.373 . Each form must be signed by
the candidate under penalty of perjury.
3. The name and address of the contributor and the date on which
the contribution was received must be included on the list for each
contribution in excess of $100 and contributions that a contributor has
made cumulatively in excess of that amount.
4. The report must be filed:
(a) With the officer with whom the candidate will file the
declaration of candidacy or acceptance of candidacy for the public office
the candidate intends to seek. A candidate may mail or transmit the
report to that officer by regular mail, certified mail, facsimile machine
or electronic means. A report shall be deemed to be filed with the
officer:
(1) On the date it was mailed if it was sent by certified
mail.
(2) On the date it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
(b) On or before January 15 of the year immediately after the year
for which the report is made.
5. A county clerk who receives from a candidate for legislative or
judicial office, including, without limitation, the office of justice of
the peace or municipal judge, a report of contributions and expenditures
pursuant to subsection 4 shall file a copy of the report with the
Secretary of State within 10 working days after he receives the report.
(Added to NRS by 1997, 236; A 1999, 2553 , 3557 ; 2001, 274 ; 2001 Special Session, 168 ; 2003, 2997 ; 2005, 2296 )
1. In addition to complying with the requirements set forth in NRS
294A.120 , 294A.200 and 294A.360 , a candidate who receives a loan which is
guaranteed by a third party, forgiveness of a loan previously made to the
candidate or a written commitment for a contribution shall, for the
period covered by the report filed pursuant to NRS 294A.120 , 294A.200 or 294A.360 , report:
(a) If a loan received by the candidate was guaranteed by a third
party, the amount of the loan and the name and address of each person who
guaranteed the loan;
(b) If a loan received by the candidate was forgiven by the person
who made the loan, the amount that was forgiven and the name and address
of the person who forgave the loan; and
(c) If the candidate received a written commitment for a
contribution, the amount committed to be contributed and the name and
address of the person who made the written commitment.
2. The reports required by subsection 1 must be submitted on the
form designed and provided by the Secretary of State pursuant to NRS
294A.373 . Each form must be signed by
the candidate under penalty of perjury.
3. The reports required by subsection 1 must be filed in the same
manner and at the same time as the report filed pursuant to NRS 294A.120
, 294A.200 or 294A.360 .
4. A county clerk who receives from a candidate for legislative or
judicial office, including, without limitation, the office of justice of
the peace or municipal judge, a report pursuant to subsection 1 shall
file a copy of the report with the Secretary of State within 10 working
days after he receives the report.
(Added to NRS by 2005, 2294 )
1. Every candidate for state, district, county, city or township
office shall, not later than 1 week after he receives minimum campaign
contributions of $100, open and maintain a separate account in a
financial institution for the deposit of any campaign contributions he
receives. The candidate shall not commingle the money in the account with
money collected for other purposes.
2. The candidate may close the separate account:
(a) If he was a candidate in a special election, after that
election;
(b) If he lost in the primary election, after the primary election;
or
(c) If he won the primary election, after the general election,
Ê and as soon as all payments of money committed have been made.
(Added to NRS by 1989, 2140; A 1997, 242)
1. Every person who is not under the direction or control of a
candidate for office at a primary election, primary city election,
general election or general city election, of a group of such candidates
or of any person involved in the campaign of that candidate or group who
makes an expenditure on behalf of the candidate or group which is not
solicited or approved by the candidate or group, and every committee for
political action, political party and committee sponsored by a political
party which makes an expenditure on behalf of such a candidate or group
of candidates shall, not later than January 15 of each year that the
provisions of this subsection apply to the person, committee or political
party, for the period from January 1 of the previous year through
December 31 of the previous year, report each campaign contribution in
excess of $100 he or it received during the period and contributions
received during the period from a contributor which cumulatively exceed
$100. The provisions of this subsection apply to the person, committee or
political party beginning the year of the general election or general
city election for that office through the year immediately preceding the
next general election or general city election for that office.
2. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of the candidate for
office at a primary election, primary city election, general election or
general city election or on behalf of a group of such candidates shall,
if the general election or general city election for the office for which
the candidate or a candidate in the group of candidates seeks election is
held on or after January 1 and before the July 1 immediately following
that January 1, not later than:
(a) Seven days before the primary election or primary city election
for that office, for the period from the January 1 immediately preceding
the primary election or primary city election through 12 days before the
primary election or primary city election;
(b) Seven days before the general election or general city election
for that office, for the period from 11 days before the primary election
or primary city election through 12 days before the general election or
general city election; and
(c) July 15 of the year of the general election or general city
election for that office, for the period from 11 days before the general
election or general city election through June 30 of that year,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the committee or political party under
penalty of perjury.
3. The name and address of the contributor and the date on which
the contribution was received must be included on the report for each
contribution in excess of $100 and contributions which a contributor has
made cumulatively in excess of $100 since the beginning of the current
reporting period.
4. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of a candidate for
office at a primary election, primary city election, general election or
general city election or on behalf of a group of such candidates shall,
if the general election or general city election for the office for which
the candidate or a candidate in the group of candidates seeks election is
held on or after July 1 and before the January 1 immediately following
that July 1, not later than:
(a) Seven days before the primary election or primary city election
for that office, for the period from the January 1 immediately preceding
the primary election or primary city election through 12 days before the
primary election or primary city election; and
(b) Seven days before the general election or general city election
for that office, for the period from 11 days before the primary election
or primary city election through 12 days before the general election or
general city election,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the committee or political party under
penalty of perjury.
5. Except as otherwise provided in subsection 6, every person,
committee or political party described in subsection 1 which makes an
expenditure on behalf of a candidate for office at a special election or
on behalf of a group of such candidates shall, not later than:
(a) Seven days before the special election for the office for which
the candidate or a candidate in the group of candidates seeks election,
for the period from the nomination of the candidate through 12 days
before the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the committee or political party under
penalty of perjury.
6. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of a candidate for
office at a special election to determine whether a public officer will
be recalled or on behalf of a group of candidates for offices at such
special elections shall report each contribution in excess of $100
received during the period and contributions received during the period
from a contributor which cumulatively exceed $100. The report must be
completed on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373 and signed
by the person or a representative of the committee or political party
under penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
7. The reports of contributions required pursuant to this section
must be filed with:
(a) If the candidate is elected from one county, the county clerk
of that county;
(b) If the candidate is elected from one city, the city clerk of
that city; or
(c) If the candidate is elected from more than one county or city,
the Secretary of State.
8. A person or entity may file the report with the appropriate
officer by regular mail, certified mail, facsimile machine or electronic
means. A report shall be deemed to be filed with the officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant
to this section shall file a copy of the report with the Secretary of
State within 10 working days after he receives the report.
10. Every person, committee or political party described in
subsection 1 shall file a report required by this section even if he or
it receives no contributions.
(Added to NRS by 1991, 1389; A 1997, 242; 1999, 2554 ; 2003, 2998 )
1. Every person or group of persons organized formally or
informally who advocates the passage or defeat of a question or group of
questions on the ballot at a primary election, primary city election,
general election or general city election and every person or group of
persons who initiates or circulates a petition for a constitutional
amendment or a petition for a statewide measure proposed by an initiative
or a referendum and who receives or expends money in an amount in excess
of $10,000 to support such initiation or circulation shall, not later
than January 15 of each year that the provisions of this subsection apply
to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each
campaign contribution in excess of $100 received during that period and
contributions received during the period from a contributor which
cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the group under penalty of perjury. The
provisions of this subsection apply to the person or group of persons:
(a) Each year in which an election or city election is held for
each question for which the person or group advocates passage or defeat
or each year in which a person or group receives or expends money in
excess of $10,000 to support the initiation or circulation of a petition
for a constitutional amendment or a petition for a statewide measure
proposed by an initiative or a referendum; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary
city election and the general election or general city election
immediately following that primary election or primary city election is
held on or after January 1 and before the July 1 immediately following
that January 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group
of questions that includes the question shall comply with the
requirements of this subsection. If a question is on the ballot at a
general election or general city election held on or after January 1 and
before the July 1 immediately following that January 1, every person or
group of persons organized formally or informally who advocates the
passage or defeat of the question or a group of questions that includes
the question shall comply with the requirements of this subsection. A
person or group of persons described in this subsection shall, not later
than:
(a) Seven days before the primary election or primary city
election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the
primary election or primary city election;
(b) Seven days before the general election or general city
election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or
general city election; and
(c) July 15 of the year of the general election or general city
election, for the period from 11 days before the general election or
general city election through June 30 of that year,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
and signed by the person or a
representative of the group under penalty of perjury.
3. The name and address of the contributor and the date on which
the contribution was received must be included on the report for each
contribution in excess of $100 and contributions which a contributor has
made cumulatively in excess of that amount since the beginning of the
current reporting period.
4. If a question is on the ballot at a primary election or primary
city election and the general election or general city election
immediately following that primary election or primary city election is
held on or after July 1 and before the January 1 immediately following
that July 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group
of questions that includes the question shall comply with the
requirements of this subsection. If a question is on the ballot at a
general election or general city election held on or after July 1 and
before the January 1 immediately following that July 1, every person or
group of persons organized formally or informally who advocates the
passage or defeat of the question or a group of questions that includes
the question shall comply with the requirements of this subsection. Every
person or group of persons who initiates or circulates a petition for a
constitutional amendment or a petition for a statewide measure proposed
by an initiative or a referendum and who receives or expends money in an
amount in excess of $10,000 to support such initiation or circulation
shall comply with the requirements of this subsection. A person or group
of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city
election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the
primary election or primary city election; and
(b) Seven days before the general election or general city
election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or
general city election,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the group under penalty of perjury.
5. Except as otherwise provided in subsection 6, every person or
group of persons organized formally or informally who advocates the
passage or defeat of a question or group of questions on the ballot at a
special election shall, not later than:
(a) Seven days before the special election, for the period from the
date that the question qualified for the ballot through 12 days before
the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each campaign contribution in excess of $100 received during the
period and contributions received during the period from a contributor
which cumulatively exceed $100. The report must be completed on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
. The form must be signed by the
person or a representative of the group under penalty of perjury.
6. Every person or group of persons organized formally or
informally who advocates the passage or defeat of a question or group of
questions on the ballot at a special election to determine whether a
public officer will be recalled shall report each of the contributions
received on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373 and signed
by the person or a representative of the group under penalty of perjury,
30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
7. The reports required pursuant to this section must be filed
with:
(a) If the question is submitted to the voters of one county, the
county clerk of that county;
(b) If the question is submitted to the voters of one city, the
city clerk of that city; or
(c) If the question is submitted to the voters of more than one
county or city, the Secretary of State.
8. A person may mail or transmit his report to the appropriate
officer by regular mail, certified mail, facsimile machine or electronic
means. A report shall be deemed to be filed with the officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
9. If the person or group of persons is advocating passage or
defeat of a group of questions or is receiving or expending money to
support a group of petitions for constitutional amendments, a group of
petitions for statewide measures proposed by initiative or referendum or
a group of petitions for both constitutional amendments and statewide
measures proposed by initiative or referendum, the reports must be
itemized by question or petition.
10. Each county clerk or city clerk who receives a report pursuant
to this section shall file a copy of the report with the Secretary of
State within 10 working days after he receives the report.
(Added to NRS by 1991, 1392; A 1997, 243; 1999, 2555 ; 2003, 3001 ; 2005, 2832 )
1. It is unlawful for a candidate to spend money received as a
campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township
office at a primary, general, primary city, general city or special
election who is elected to that office and received contributions that
were not spent or committed for expenditure before the primary, general,
primary city, general city or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the payment of other
expenses related to public office or his campaign, regardless of whether
he is a candidate for a different office in his next election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or
for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or
defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in
subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided
in paragraphs (a) to (d), inclusive.
3. Every candidate for a state, district, county, city or township
office at a primary, general, primary city, general city or special
election who is not elected to that office and received contributions
that were not spent or committed for expenditure before the primary,
general, primary city, general city or special election shall, not later
than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or
for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or
defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in
subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Dispose of the money in any combination of the methods provided
in paragraphs (a), (b) and (c).
4. Every candidate for a state, district, county, city or township
office who is defeated at a primary or primary city election and received
a contribution from a person in excess of $5,000 shall, not later than
the 15th day of the second month after his defeat, return any money in
excess of $5,000 to the contributor.
5. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any
other office; and
(c) Has contributions that are not spent or committed for
expenditure remaining from a previous election,
Ê shall, not later than the 15th day of the second month after the
expiration of his term of office, dispose of those contributions in the
manner provided in subsection 3.
6. In addition to the methods for disposing the unspent money set
forth in subsections 2, 3 and 4, a Legislator may donate not more than
$500 of that money to the Nevada Silver Haired Legislative Forum created
pursuant to NRS 427A.320 .
7. Any contributions received before a candidate for a state,
district, county, city or township office at a primary, general, primary
city, general city or special election dies that were not spent or
committed for expenditure before the death of the candidate must be
disposed of in the manner provided in subsection 3.
8. The court shall, in addition to any penalty which may be
imposed pursuant to NRS 294A.420 ,
order the candidate or public officer to dispose of any remaining
contributions in the manner provided in this section.
9. As used in this section, “contributions” include any interest
and other income earned thereon.
(Added to NRS by 1991, 1922; A 1997, 244; 2001, 3028 ; 2003, 3004 )
A candidate who receives a
contribution of $100 or more from an anonymous or unidentifiable
contributor shall, within 10 days after he receives the contribution,
deliver the money to the State Treasurer or donate the money to a
nonprofit entity. The State Treasurer shall deposit the money in the
State General Fund.
(Added to NRS by 1991, 1392)
EXPENSES RELATING TO ELECTIONS
1. Every candidate for state, district, county or township office
at a primary or general election shall, not later than January 15 of each
year, for the period from January 1 of the previous year through December
31 of the previous year, report each of the campaign expenses in excess
of $100 that he incurs and each amount in excess of $100 that he disposes
of pursuant to NRS 294A.160 during
the period on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373 . The form
must be signed by the candidate under penalty of perjury. The provisions
of this subsection apply to the candidate:
(a) Beginning the year of the general election for that office
through the year immediately preceding the next general election for that
office; and
(b) Each year immediately succeeding a calendar year during which
the candidate disposes of contributions pursuant to NRS 294A.160 .
2. Every candidate for state, district, county or township office
at a primary or general election shall, if the general election for the
office for which he is a candidate is held on or after January 1 and
before the July 1 immediately following that January 1, not later than:
(a) Seven days before the primary election for that office, for the
period from the January 1 immediately preceding the primary election
through 12 days before the primary election;
(b) Seven days before the general election for that office, for the
period from 11 days before the primary election through 12 days before
the general election; and
(c) July 15 of the year of the general election for that office,
for the period from 11 days before the general election through June 30
of that year,
Ê report each of the campaign expenses in excess of $100 that he incurs
during the period on the form designed and provided by the Secretary of
State pursuant NRS 294A.373 . Each
form must be signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county or township office
at a primary or general election shall, if the general election for the
office for which he is a candidate is held on or after July 1 and before
the January 1 immediately following that July 1, not later than:
(a) Seven days before the primary election for that office, for the
period from the January 1 immediately preceding the primary election
through 12 days before the primary election; and
(b) Seven days before the general election for that office, for the
period from 11 days before the primary election through 12 days before
the general election,
Ê report each of the campaign expenses in excess of $100 that he incurs
during the period on the form designed and provided by the Secretary of
State pursuant to NRS 294A.373 . The
form must be signed by the candidate under penalty of perjury.
4. Except as otherwise provided in subsection 5, every candidate
for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his
nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each of the campaign expenses in excess of $100 that he incurs
during the period on the form designed and provided by the Secretary of
State pursuant to NRS 294A.373 . Each
form must be signed by the candidate under penalty of perjury.
5. Every candidate for state, district, county, municipal or
township office at a special election to determine whether a public
officer will be recalled shall report each of the campaign expenses in
excess of $100 that he incurs on the form designed and provided by the
Secretary of State pursuant NRS 294A.373 and signed by the candidate under penalty of
perjury, 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
6. Reports of campaign expenses must be filed with the officer
with whom the candidate filed the declaration of candidacy or acceptance
of candidacy. A candidate may mail or transmit the report to that officer
by regular mail, certified mail, facsimile machine or electronic means. A
report shall be deemed to be filed with the officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
7. County clerks who receive from candidates for legislative or
judicial office, including, without limitation, the office of justice of
the peace or municipal judge, reports of campaign expenses pursuant to
this section shall file a copy of each report with the Secretary of State
within 10 working days after he receives the report.
(Added to NRS by 1975, 592; A 1975, 1486; 1977, 1364; 1979, 488;
1981, 731; 1983, 347; 1985, 1110; 1987, 361; 1989, 2140; 1991, 1395;
1995, 826, 1515; 1997, 246; 1999, 2556 , 3559 ; 2001, 274 ; 2001 Special Session, 169 ; 2003, 3005 ; 2005, 2297 )
1. Every person who is not under the direction or control of a
candidate for an office at a primary election, primary city election,
general election or general city election, of a group of such candidates
or of any person involved in the campaign of that candidate or group who
makes an expenditure on behalf of the candidate or group which is not
solicited or approved by the candidate or group, and every committee for
political action, political party or committee sponsored by a political
party which makes an expenditure on behalf of such a candidate or group
of candidates shall, not later than January 15 of each year that the
provisions of this subsection apply to the person, committee or political
party, for the period from January 1 of the previous year through
December 31 of the previous year, report each expenditure made during the
period on behalf of the candidate, the group of candidates or a candidate
in the group of candidates in excess of $100 on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the committee or political party under penalty of
perjury. The provisions of this subsection apply to the person, committee
or political party beginning the year of the general election or general
city election for that office through the year immediately preceding the
next general election or general city election for that office.
2. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of a candidate for
office at a primary election, primary city election, general election or
general city election or a group of such candidates shall, if the general
election or general city election for the office for which the candidate
or a candidate in the group of candidates seeks election is held on or
after January 1 and before the July 1 immediately following that January
1, not later than:
(a) Seven days before the primary election or primary city election
for that office, for the period from the January 1 immediately preceding
the primary election or primary city election through 12 days before the
primary election or primary city election;
(b) Seven days before the general election or general city election
for that office, for the period from 11 days before the primary election
or primary city election through 12 days before the general election or
general city election; and
(c) July 15 of the year of the general election or general city
election for that office, for the period from 11 days before the general
election or general city election through the June 30 of that year,
Ê report each expenditure made during the period on behalf of the
candidate, the group of candidates or a candidate in the group of
candidates in excess of $100 on the form designed and provided by the
Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the committee or political party under penalty of
perjury.
3. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of a candidate for
office at a primary election, primary city election, general election or
general city election or on behalf of a group of such candidates shall,
if the general election or general city election for the office for which
the candidate or a candidate in the group of candidates seeks election is
held on or after July 1 and before the January 1 immediately following
that July 1, not later than:
(a) Seven days before the primary election or primary city election
for that office, for the period from the January 1 immediately preceding
the primary election or primary city election through 12 days before the
primary election or primary city election; and
(b) Seven days before the general election or general city election
for that office, for the period from 11 days before the primary election
or primary city election through 12 days before the general election or
general city election,
Ê report each expenditure made during the period on behalf of the
candidate, the group of candidates or a candidate in the group of
candidates in excess of $100 on the form designed and provided by the
Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the committee or political party under penalty of
perjury.
4. Except as otherwise provided in subsection 5, every person,
committee or political party described in subsection 1 which makes an
expenditure on behalf of a candidate for office at a special election or
on behalf of a group of such candidates shall, not later than:
(a) Seven days before the special election for the office for which
the candidate or a candidate in the group of candidates seeks election,
for the period from the nomination of the candidate through 12 days
before the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each expenditure made during the period on behalf of the
candidate, the group of candidates or a candidate in the group of
candidates in excess of $100 on the form designed and provided by the
Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the committee or political party under penalty of
perjury.
5. Every person, committee or political party described in
subsection 1 which makes an expenditure on behalf of a candidate for
office at a special election to determine whether a public officer will
be recalled or on behalf of a group of such candidates shall list each
expenditure made on behalf of the candidate, the group of candidates or a
candidate in the group of candidates in excess of $100 on the form
designed and provided by the Secretary of State pursuant to NRS 294A.373
and signed by the person or a
representative of the committee or political party under penalty of
perjury, 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
6. Expenditures made within the State or made elsewhere but for
use within the State, including expenditures made outside the State for
printing, television and radio broadcasting or other production of the
media, must be included in the report.
7. The reports must be filed with:
(a) If the candidate is elected from one county, the county clerk
of that county;
(b) If the candidate is elected from one city, the city clerk of
that city; or
(c) If the candidate is elected from more than one county or city,
the Secretary of State.
8. If an expenditure is made on behalf of a group of candidates,
the reports must be itemized by the candidate. A person may mail or
transmit his report to the appropriate officer by regular mail, certified
mail, facsimile machine or electronic means. A report shall be deemed to
be filed with the officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the officer if the report
was sent by regular mail, transmitted by facsimile machine or electronic
means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant
to this section shall file a copy of the report with the Secretary of
State within 10 working days after he receives the report.
10. Every person, committee or political party described in
subsection 1 shall file a report required by this section even if he or
it receives no contributions.
(Added to NRS by 1983, 1373; A 1985, 1111; 1987, 362, 1141; 1989,
2141; 1991, 1396; 1997, 247; 1999, 2557 ; 2003, 3007 )
1. Every person or group of persons organized formally or
informally who advocates the passage or defeat of a question or group of
questions on the ballot at a primary election, primary city election,
general election or general city election and every person or group of
persons who initiates or circulates a petition for a constitutional
amendment or a petition for a statewide measure proposed by an initiative
or a referendum and who receives or expends money in an amount in excess
of $10,000 to support such initiation or circulation shall, not later
than January 15 of each year that the provisions of this subsection apply
to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each
expenditure made during the period on behalf of or against the question,
the group of questions or a question in the group of questions on the
ballot in excess of $100 on the form designed and provided by the
Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the group under penalty of perjury. The provisions of
this subsection apply to the person or group of persons:
(a) Each year in which an election or city election is held for a
question for which the person or group advocates passage or defeat or
each year in which a person or group of persons receives or expends money
in excess of $10,000 to support the initiation or circulation of a
petition for a constitutional amendment or a petition for a statewide
measure proposed by an initiative or a referendum; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary
city election and the general election or general city election
immediately following that primary election or primary city election is
held on or after January 1 and before the July 1 immediately following
that January 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group
of questions that includes the question shall comply with the
requirements of this subsection. If a question is on the ballot at a
general election or general city election held on or after January 1 and
before the July 1 immediately following that January 1, every person or
group of persons organized formally or informally who advocates the
passage or defeat of the question or a group of questions that includes
the question shall comply with the requirements of this subsection. A
person or group of persons described in this subsection shall, not later
than:
(a) Seven days before the primary election or primary city
election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the
primary election or primary city election;
(b) Seven days before the general election or general city
election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or
general city election; and
(c) July 15 of the year of the general election or general city
election, for the period from 11 days before the general election or
general city election through the June 30 immediately preceding that July
15,
Ê report each expenditure made during the period on behalf of or against
the question, the group of questions or a question in the group of
questions on the ballot in excess of $100 on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative
of the group under penalty of perjury.
3. If a question is on the ballot at a primary election or primary
city election and the general election or general city election
immediately following that primary election or primary city election is
held on or after July 1 and before the January 1 immediately following
that July 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group
of questions that includes the question shall comply with the
requirements of this subsection. If a question is on the ballot at a
general election or general city election held on or after July 1 and
before the January 1 immediately following that July 1, every person or
group of persons organized formally or informally who advocates the
passage or defeat of the question or a group of questions that includes
the question shall comply with the requirements of this subsection. Every
person or group of persons who initiates or circulates a petition for a
constitutional amendment or a petition for a statewide measure proposed
by an initiative or a referendum and who receives or expends money in an
amount in excess of $10,000 to support such initiation or circulation
shall comply with the requirements of this subsection. A person or group
of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city
election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the
primary election or primary city election; and
(b) Seven days before the general election or general city
election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or
general city election,
Ê report each expenditure made during the period on behalf of or against
the question, the group of questions or a question in the group of
questions on the ballot in excess of $100 on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the group under penalty of perjury.
4. Except as otherwise provided in subsection 5, every person or
group of persons organized formally or informally who advocates the
passage or defeat of a question or group of questions on the ballot at a
special election shall, not later than:
(a) Seven days before the special election, for the period from the
date the question qualified for the ballot through 12 days before the
special election; and
(b) Thirty days after the special election, for the remaining
period through the special election,
Ê report each expenditure made during the period on behalf of or against
the question, the group of questions or a question in the group of
questions on the ballot in excess of $100 on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 . The form must be signed by the person or a
representative of the group under penalty of perjury.
5. Every person or group of persons organized formally or
informally who advocates the passage or defeat of a question or group of
questions on the ballot at a special election to determine whether a
public officer will be recalled shall list each expenditure made during
the period on behalf of or against the question, the group of questions
or a question in the group of questions on the ballot in excess of $100
on the form designed and provided by the Secretary of State pursuant to
NRS 294A.373 and signed by the person
or a representative of the group under penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
6. Expenditures made within the State or made elsewhere but for
use within the State, including expenditures made outside the State for
printing, television and radio broadcasting or other production of the
media, must be included in the report.
7. The reports required pursuant to this section must be filed
with:
(a) If the question is submitted to the voters of one county, the
county clerk of that county;
(b) If the question is submitted to the voters of one city, the
city clerk of that city; or
(c) If the question is submitted to the voters of more than one
county or city, the Secretary of State.
8. If an expenditure is made on behalf of a group of questions or
a group of petitions for constitutional amendments, a group of petitions
for statewide measures proposed by initiative or referendum or a group of
petitions for both constitutional amendments and statewide measures
proposed by initiative or referendum, the reports must be itemized by
question or petition. A person may mail or transmit his report to the
appropriate filing officer by regular mail, certified mail, facsimile
machine or electronic means. A report shall be deemed to be filed with
the filing officer:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the filing officer if the
report was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant
to this section shall file a copy of the report with the Secretary of
State within 10 working days after he receives the report.
(Added to NRS by 1991, 1390; A 1997, 248; 1999, 2558 ; 2003, 3010 ; 2005, 2834 )
COMMITTEE FOR POLITICAL ACTION
1. Each committee for political action shall, before it engages in
any activity in this State, register with the Secretary of State on forms
supplied by him.
2. The form must require:
(a) The name of the committee;
(b) The purpose for which it was organized;
(c) The names, addresses and telephone numbers of its officers;
(d) If the committee for political action is affiliated with any
other organizations, the name, address and telephone number of each
organization;
(e) The name, address and telephone number of its resident agent;
and
(f) Any other information deemed necessary by the Secretary of
State.
3. A committee for political action shall file with the Secretary
of State an amended form for registration within 30 days after any change
in the information contained in the form for registration.
4. The Secretary of State shall include on his Internet website
the information required pursuant to subsection 2.
(Added to NRS by 1989, 2172; A 1991, 1397; 2005, 2837 )
Each committee for political action
shall appoint and keep in this State a resident agent who must be a
natural person who resides in this State.
(Added to NRS by 1989, 2172)—(Substituted in revision for NRS
294A.052)
COMMITTEE FOR THE RECALL OF A PUBLIC OFFICER
Each committee for the recall of a
public officer shall register with the Secretary of State, on a form
provided by him. Each form must include:
1. The name of the committee;
2. The purpose for which it was organized;
3. The names and addresses of its officers; and
4. If the committee is organized and located outside this State,
the name and address of its resident agent.
(Added to NRS by 1989, 1060)—(Substituted in revision for NRS
294A.053)
Each committee for the recall of a
public officer which is organized and located outside this State shall
appoint and keep in this State a resident agent who must be a natural
person residing in this State.
(Added to NRS by 1989, 1060)—(Substituted in revision for NRS
294A.054)
1. Except as otherwise provided in subsection 3, each committee
for the recall of a public officer shall, not later than:
(a) Seven days before the special election to recall a public
officer, for the period from the filing of the notice of intent to
circulate the petition for recall through 12 days before the special
election; and
(b) Thirty days after the election, for the remaining period
through the election,
Ê report each contribution received or made by the committee in excess of
$100 on the form designed and provided by the Secretary of State pursuant
to NRS 294A.373 . The form must be
signed by a representative of the committee under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is
not filed before the expiration of the notice of intent, the committee
for the recall of a public officer shall, not later than 30 days after
the expiration of the notice of intent, report each contribution received
by the committee, and each contribution made by the committee in excess
of $100.
3. If a court does not order a special election for the recall of
the public officer, the committee for the recall of a public officer
shall, not later than 30 days after the court determines that an election
will not be held, for the period from the filing of the notice of intent
to circulate the petition for recall through the day the court determines
that an election will not be held, report each contribution received by
the committee, and each contribution made by the committee in excess of
$100.
4. Each report of contributions must be filed with the Secretary
of State. The committee may mail or transmit the report by regular mail,
certified mail, facsimile machine or electronic means. A report shall be
deemed to be filed with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the Secretary of State if
the report was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.
5. The name and address of the contributor and the date on which
the contribution was received must be included on the report for each
contribution, whether from or to a natural person, association or
corporation, in excess of $100 and contributions which a contributor or
the committee has made cumulatively in excess of that amount since the
beginning of the current reporting period.
(Added to NRS by 1989, 1060; A 1991, 1397; 1995, 1084; 1997, 249;
1999, 2558 ; 2003, 3012 )
1. Except as otherwise provided in subsection 3, each committee
for the recall of a public officer shall, not later than:
(a) Seven days before the special election to recall a public
officer, for the period from the filing of the notice of intent to
circulate the petition for recall through 12 days before the special
election; and
(b) Thirty days after the election, for the remaining period
through the election,
Ê report each expenditure made by the committee in excess of $100 on the
form designed and provided by the Secretary of State pursuant to NRS
294A.373 . The form must be signed by
a representative of the committee under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is
not filed before the expiration of the notice of intent, the committee
for the recall of a public officer shall, not later than 30 days after
the expiration of the notice of intent, report each expenditure made by
the committee in excess of $100.
3. If a court does not order a special election for the recall of
the public officer, the committee for the recall of a public officer
shall, not later than 30 days after the court determines that an election
will not be held, for the period from the filing of the notice of intent
to circulate the petition for recall through the day the court determines
that an election will not be held, report each expenditure made by the
committee in excess of $100.
4. Each report of expenditures must be filed with the Secretary of
State. The committee may mail or transmit the report to the Secretary of
State by regular mail, certified mail, facsimile machine or electronic
means. A report shall be deemed to be filed with the Secretary of State:
(a) On the date that it was mailed if it was sent by certified
mail; or
(b) On the date that it was received by the Secretary of State if
the report was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.
(Added to NRS by 1989, 1061; A 1991, 1398; 1995, 1085; 1997, 250;
1999, 2559 ; 2003, 3013 )
REQUIRED AND PROHIBITED PRACTICES
1. The filing officer shall give to each candidate who files his
declaration of candidacy or acceptance of candidacy a copy of the form
set forth in subsection 2. The filing officer shall inform the candidate
that subscription to the Code is voluntary.
2. The Code must be in the following form:
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty and fair play which
every candidate for public office in the State of Nevada has a moral
obligation to observe and uphold, in order that, after vigorously
contested but fairly conducted campaigns, the voters may exercise their
constitutional right to vote for the candidate of their choice and that
the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
1. I will conduct my campaign openly and publicly and limit
attacks against my opponent to legitimate challenges to his voting record
or qualifications for office.
2. I will not use character defamation or other false attacks on
a candidate’s personal or family life.
3. I will not use campaign material which misrepresents, distorts
or otherwise falsifies the facts, nor will I use malicious or unfounded
accusations which are intended to create or exploit doubts, without
justification, about the personal integrity of my opposition.
4. I will not condone any dishonest or unethical practice which
undermines the American system of free elections or impedes or prevents
the full and free expression of the will of the voters.
I, the undersigned, as a candidate for election to public office
in the State of Nevada, hereby voluntarily pledge myself to conduct my
campaign in accordance with the principles and practices set forth in
this Code.
.........................................................................
Date Signature of
Candidate
3. A candidate who subscribes to the Code and submits the form set
forth in subsection 2 to the filing officer may indicate on his campaign
materials that he subscribes to the Code.
4. The Secretary of State shall provide a sufficient number of
copies of the form to the county clerks, registrar of voters and other
filing officers.
(Added to NRS by 1991, 1392; A 1997, 3471)
1. It is unlawful for a member of the Legislature, the Lieutenant
Governor, the Lieutenant Governor-Elect, the Governor or the
Governor-Elect to solicit or accept any monetary contribution, or solicit
or accept a commitment to make such a contribution for any political
purpose during the period beginning:
(a) Thirty days before a regular session of the Legislature and
ending 30 days after the final adjournment of a regular session of the
Legislature;
(b) Fifteen days before a special session of the Legislature is set
to commence and ending 15 days after the final adjournment of a special
session of the Legislature, if the Governor sets a specific date for the
commencement of the special session that is more than 15 days after the
Governor issues the proclamation calling for the special session; or
(c) The day after the Governor issues a proclamation calling for a
special session of the Legislature and ending 15 days after the final
adjournment of a special session of the Legislature if the Governor sets
a specific date for the commencement of the special session that is 15 or
fewer days after the Governor issues the proclamation calling for the
special session.
2. This section does not prohibit the payment of a salary or other
compensation or income to a member of the Legislature, the Lieutenant
Governor or the Governor during a session of the Legislature if it is
made for services provided as a part of his regular employment or is
additional income to which he is entitled.
(Added to NRS by 1991, 1402; A 1995, 826; 1997, 250; 2003, 1727
)
1. A member of an organization whose primary purpose is to provide
support for Legislators of a particular political party and house shall
not solicit or accept contributions on behalf of the Legislators or the
organization, or solicit or accept a commitment to make such a
contribution during the period beginning:
(a) Thirty days before a regular session of the Legislature and
ending 30 days after the final adjournment of a regular session of the
Legislature;
(b) Fifteen days before a special session of the Legislature is set
to commence and ending 15 days after the final adjournment of a special
session of the Legislature, if the Governor sets a specific date for the
commencement of the special session that is more than 15 days after the
Governor issues the proclamation calling for the special session; or
(c) The day after the Governor issues a proclamation calling for a
special session of the Legislature and ending 15 days after the final
adjournment of a special session of the Legislature if the Governor sets
a specific date for the commencement of the special session that is 15 or
fewer days after the Governor issues the proclamation calling for the
special session.
2. A person shall not make or commit to make a contribution or
commitment prohibited by subsection 1.
3. A person shall not accept a contribution on behalf of another
person to avoid the prohibitions of this section.
(Added to NRS by 1991, 1402; A 1997, 251; 2003, 1727 )
1. Except as otherwise provided in subsection 2, it is unlawful
for any person to publish any material or information relating to an
election, candidate or any question on a ballot unless that material or
information contains:
(a) The name and mailing or street address of each person who has
paid for or who is responsible for paying for the publication; and
(b) A statement that each such person has paid for or is
responsible for paying for the publication.
2. The provisions of subsection 1 do not apply:
(a) To any candidate or to the political party of that candidate
which pays for or is responsible for paying for any billboard, sign or
other form of advertisement which refers only to that candidate and in
which the candidate’s name is prominently displayed.
(b) If the material is expressly approved and paid for by the
candidate and the cost of preparation and publishing has been reported by
the candidate as a campaign contribution pursuant to NRS 294A.120 .
(c) To a natural person who acts independently and not in
cooperation with or pursuant to any direction from a business or social
organization, nongovernmental legal entity or governmental entity.
3. Any identification that complies with the requirements of the
Communications Act of 1934 and the regulations adopted pursuant to the
act shall be deemed to comply with the requirements of this section.
4. As used in this section:
(a) “Material” means any printed or written matter or any
photograph.
(b) “Publish” means the act of:
(1) Printing, posting, broadcasting, mailing or otherwise
disseminating; or
(2) Causing to be printed, posted, broadcasted, mailed or
otherwise disseminated,
Ê any material or information to the public.
(Added to NRS by 1989, 910; A 1997, 251)
A person shall
not use the term “reelect” in any material, statement or publication
supporting the election of a candidate unless the candidate:
1. Was elected to the identical office with the same district
number, if any, in the most recent election to fill that office; and
2. Is serving and has served continuously in that office from the
beginning of the term to which the candidate was elected.
(Added to NRS by 1989, 961)—(Substituted in revision for NRS
294A.057)
A
person shall not use the name of a candidate in a way that implies that
the candidate is the incumbent in office in any material, statement or
publication supporting the election of a candidate unless:
1. The candidate is qualified to use the term “reelect” pursuant
to NRS 294A.330 ; or
2. The candidate:
(a) Was appointed to the identical office with the same district
number, if any, after the most recent election to fill that office; and
(b) Is serving and has served continuously in that office since the
date of appointment.
(Added to NRS by 1989, 961)—(Substituted in revision for NRS
294A.058)
1. If a candidate, political party, committee sponsored by a
political party or committee for political action requests or compensates
a person to:
(a) Conduct or cause to be conducted a persuasive poll by telephone
concerning a candidate; or
(b) Produce automated or computerized messages by telephone to
conduct a persuasive poll concerning a candidate,
Ê the person conducting the poll shall, at the end of the poll, disclose
the name and telephone number of the candidate, political party,
committee sponsored by a political party or committee for political
action that requested or compensated the person for the poll.
2. As used in this section, “persuasive poll” means the canvassing
of persons, by means other than an established method of scientific
sampling, by asking questions or offering information concerning a
candidate which is designed to provide information that is negative or
derogatory about the candidate or his family. The term does not include a
poll that is conducted only to measure the public’s opinion about or
reaction to an issue, fact or theme.
(Added to NRS by 1997, 1727)
341 : Reporting of alleged violations;
institution of court proceedings. If it appears to a county clerk, city
clerk or registrar of voters that the provisions of NRS 294A.341 have been violated, he shall report the
alleged violation, in writing, to the Secretary of State. Upon receiving
such a written report or if it otherwise appears to the Secretary of
State that the provisions of NRS 294A.341 have been violated, the Secretary of State
shall report the alleged violation to the attorney general. The Attorney
General shall cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
(Added to NRS by 1997, 1727)
341
. Any person who knowingly violates
the provisions of NRS 294A.341 is
liable, in addition to any other penalty or remedy that may be provided
by law, to a civil penalty of not more than $5,000 for each offense,
which may be recovered by civil action on complaint of the Attorney
General. All money collected as civil penalties pursuant to the
provisions of this section must be deposited in the State General Fund.
(Added to NRS by 1997, 1727)
Repealed.
(See chapter 469, Statutes of Nevada 2005, at page 2282 .)
Repealed. (See chapter 469,
Statutes of Nevada 2005, at page 2282 .)
MISCELLANEOUS PROVISIONS
1. Every candidate for state, district, county, municipal or
township office shall file the reports of campaign contributions and
expenses required by NRS 294A.120 ,
294A.128 , 294A.200 and 294A.360 , even though he:
(a) Withdraws his candidacy;
(b) Receives no campaign contributions;
(c) Has no campaign expenses;
(d) Is removed from the ballot by court order; or
(e) Is the subject of a petition to recall and the special election
is not held.
2. A candidate who withdraws his candidacy pursuant to NRS 293.202
may file simultaneously all the reports
of campaign contributions and expenses required by NRS 294A.120 , 294A.128 , 294A.200 and 294A.360 , so long as each report is filed on or
before the last day for filing the respective report pursuant to NRS
294A.120 , 294A.200 or 294A.360 .
(Added to NRS by 1977, 1363; A 1985, 1111; 1997, 766; 1999, 3560
; 2005, 2298 )
1. Every candidate for city office at a primary city election or
general city election shall file the reports in the manner required by
NRS 294A.120 , 294A.128 and 294A.200 for other offices not later than January 15
of each year, for the period from January 1 of the previous year through
December 31 of the previous year. The provisions of this subsection apply
to the candidate:
(a) Beginning the year of the general city election for that office
through the year immediately preceding the next general city election for
that office; and
(b) Each year immediately succeeding a calendar year during which
the candidate disposes of contributions pursuant to NRS 294A.160 .
2. Every candidate for city office at a primary city election or
general city election, if the general city election for the office for
which he is a candidate is held on or after January 1 and before the July
1 immediately following that January 1, shall file the reports in the
manner required by NRS 294A.120 ,
294A.128 and 294A.200 for other offices not later than:
(a) Seven days before the primary city election for that office,
for the period from the January 1 immediately preceding the primary city
election through 12 days before the primary city election;
(b) Seven days before the general city election for that office,
for the period from 11 days before the primary city election through 12
days before the general city election; and
(c) July 15 of the year of the general city election for that
office, for the period from 11 days before the general city election
through the June 30 of that year.
3. Every candidate for city office at a primary city election or
general city election, if the general city election for the office for
which he is a candidate is held on or after July 1 and before the January
1 immediately following that July 1, shall file the reports in the manner
required by NRS 294A.120 , 294A.128
and 294A.200 for other offices not later than:
(a) Seven days before the primary city election for that office,
for the period from the January 1 immediately preceding the primary city
election through 12 days before the primary city election; and
(b) Seven days before the general city election for that office,
for the period from 11 days before the primary city election through 12
days before the general city election.
4. Except as otherwise provided in subsection 5, every candidate
for city office at a special election shall so file those reports:
(a) Seven days before the special election, for the period from his
nomination through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining
period through the special election.
5. Every candidate for city office at a special election to
determine whether a public officer will be recalled shall so file those
reports 30 days after:
(a) The special election, for the period from the filing of the
notice of intent to circulate the petition for recall through the special
election; or
(b) If the special election is not held because a district court
determines that the petition for recall is legally insufficient pursuant
to subsection 5 of NRS 306.040 , for the
period from the filing of the notice of intent to circulate the petition
for recall through the date of the district court’s decision.
(Added to NRS by 1985, 1109; A 1987, 362; 1989, 2141; 1991, 1395;
1997, 252; 1999, 2561 ; 2001 Special Session, 170 ; 2003, 3014 ; 2005, 2299 )
1. In addition to reporting information pursuant to NRS 294A.120
, 294A.125 , 294A.128 , 294A.200 and 294A.360 , each candidate who is required to file a
report of campaign contributions and expenses pursuant to NRS 294A.120
, 294A.125 , 294A.128 , 294A.200 or 294A.360 shall report on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for
which money would otherwise have been paid. The candidate shall list on
the form each such campaign contribution in excess of $100 that he
receives during the reporting period, each such campaign contribution
from a contributor received during the reporting period which
cumulatively exceeds $100, and each such expense in excess of $100 he
incurs during the reporting period.
2. The Secretary of State and each city clerk shall not require a
candidate to list the campaign contributions and expenses described in
this section on any form other than the form designed and provided by the
Secretary of State pursuant to NRS 294A.373 .
(Added to NRS by 2001 Special Session, 166 ; A 2003, 3015 ; 2005, 2300 )
1. Each report of expenditures required pursuant to NRS 294A.210
, 294A.220 and 294A.280 must consist of a list of each expenditure
in excess of $100 that was made during the periods for reporting. Each
report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in
excess of $100 that was incurred during the periods for reporting. The
list in each report must state the category and amount of the expense or
expenditure and the date on which the expense was incurred or the
expenditure was made.
2. The categories of expense or expenditure for use on the report
of expenses or expenditures are:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Except as otherwise provided in NRS 294A.362 , goods and services provided in kind for
which money would otherwise have been paid; and
(j) Other miscellaneous expenses.
3. Each report of expenses or expenditures described in subsection
1 must list the disposition of any unspent campaign contributions using
the categories set forth in subsection 2 of NRS 294A.160 .
(Added to NRS by 1999, 2552 ; A 2001 Special Session, 170 ; 2003, 3016 )
1. A newspaper, radio broadcasting station, outdoor advertising
company, television broadcasting station, direct mail advertising
company, printer or other person or group of persons which accepts,
broadcasts, disseminates, prints or publishes:
(a) Advertising on behalf of any candidate or group of candidates;
(b) Political advertising for any person other than a candidate; or
(c) Advertising for the passage or defeat of a question or group of
questions on the ballot,
Ê shall, during the period beginning at least 10 days before each primary
election, primary city election, general election or general city
election and ending at least 30 days after the election, make available
for inspection information setting forth the cost of all such
advertisements accepted and broadcast, disseminated or published. The
person or entity shall make the information available at any reasonable
time and not later than 3 days after it has received a request for such
information.
2. For purposes of this section, the necessary cost information is
made available if a copy of each bill, receipt or other evidence of
payment made out for any such advertising is kept in a record or file,
separate from the other business records of the enterprise and arranged
alphabetically by name of the candidate or the person or group which
requested the advertisement, at the principal place of business of the
enterprise.
(Added to NRS by 1975, 1484; A 1977, 1371; 1983, 1374; 1987, 363,
1142; 2003, 1712 )
1. The Secretary of State shall design a single form to be used
for all reports of campaign contributions and expenses or expenditures
that are required to be filed pursuant to NRS 294A.120 , 294A.125 , 294A.128 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.270 , 294A.280 , 294A.360 and 294A.362 .
2. The form designed by the Secretary of State pursuant to this
section must only request information specifically required by statute.
3. Upon request, the Secretary of State shall provide a copy of
the form designed pursuant to this section to each person, committee,
political party and group that is required to file a report described in
subsection 1.
4. The Secretary of State must obtain the advice and consent of
the Legislative Commission before providing a copy of a form designed or
revised by the Secretary of State pursuant to this section to a person,
committee, political party or group that is required to use the form.
(Added to NRS by 2003, 2995 ; A 2005, 2300 )
1. A nonprofit corporation shall, before it engages in any of the
following activities in this State, submit the names, addresses and
telephone numbers of its officers to the Secretary of State:
(a) Soliciting or receiving contributions from any other person,
group or entity;
(b) Making contributions to candidates or other persons; or
(c) Making expenditures,
Ê designed to affect the outcome of any primary, general or special
election or question on the ballot.
2. The Secretary of State shall include on his Internet website
the information submitted pursuant to subsection 1.
(Added to NRS by 2005, 2831 )
ADMINISTRATION AND ENFORCEMENT
1. The Secretary of State may adopt and promulgate regulations,
prescribe forms in accordance with the provisions of this chapter and
take such other actions as are necessary for the implementation and
effective administration of the provisions of this chapter.
2. For the purposes of implementing and administering the
provisions of this chapter regulating committees for political action:
(a) The Secretary of State shall, in determining whether an entity
or group is a committee for political action, consider a group’s or
entity’s division or separation into units, sections or smaller groups
only if it appears that such division or separation was for a purpose
other than for avoiding the reporting requirements of this chapter.
(b) The Secretary of State shall, in determining whether an entity
or group is a committee for political action, disregard any action taken
by a group or entity that would otherwise constitute a committee for
political action if it appears such action is taken for the purpose of
avoiding the reporting requirements of this chapter.
(Added to NRS by 1975, 592; A 1999, 2561 ; 2001, 1430 )
The Secretary of State shall not request or require a candidate, person,
group of persons, committee or political party to list each of the
expenditures or campaign expenses of $100 or less on a form designed and
provided pursuant to NRS 294A.373 .
(Added to NRS by 2003, 1726 ; A 2003, 20th Special Session, 262 )
The officer
from whom a candidate or entity requests a form for:
1. A declaration of candidacy;
2. An acceptance of candidacy;
3. The registration of a committee for political action pursuant
to NRS 294A.230 or a committee for
the recall of a public officer pursuant to NRS 294A.250 ; or
4. The reporting of campaign contributions, expenses or
expenditures pursuant to NRS 294A.120 , 294A.128 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.270 , 294A.280 or 294A.360 ,
Ê shall furnish the candidate with the necessary forms for reporting and
copies of the regulations adopted by the Secretary of State pursuant to
this chapter. An explanation of the applicable provisions of NRS 294A.100
, 294A.120 , 294A.128 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.270 , 294A.280 or 294A.360 relating to the making, accepting or
reporting of campaign contributions, expenses or expenditures and the
penalties for a violation of those provisions as set forth in NRS
294A.100 or 294A.420 must be developed by the Secretary of State
and provided upon request. The candidate or entity shall acknowledge
receipt of the material.
(Added to NRS by 1977, 1363; A 1983, 1375; 1985, 1112; 1987, 1374;
1991, 1399; 1997, 252, 3472; 1999, 679 ; 2003, 3017 ; 2005, 2300 )
The Secretary
of State shall, within 30 days after receipt of the reports required by
NRS 294A.120 , 294A.125 , 294A.128 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.270 and 294A.280 , prepare and make available for public
inspection a compilation of:
1. The total campaign contributions, the contributions which are
in excess of $100 and the total campaign expenses of each of the
candidates from whom reports of those contributions and expenses are
required.
2. The total amount of loans to a candidate guaranteed by a third
party, the total amount of loans made to a candidate that have been
forgiven and the total amount of written commitments for contributions
received by a candidate.
3. The contributions made to a committee for the recall of a
public officer in excess of $100.
4. The expenditures exceeding $100 made by a:
(a) Person on behalf of a candidate other than himself.
(b) Person or group of persons on behalf of or against a question
or group of questions on the ballot.
(c) Group of persons advocating the election or defeat of a
candidate.
(d) Committee for the recall of a public officer.
5. The contributions in excess of $100 made to:
(a) A person who is not under the direction or control of a
candidate or group of candidates or of any person involved in the
campaign of the candidate or group who makes an expenditure on behalf of
the candidate or group which is not solicited or approved by the
candidate or group.
(b) A person or group of persons organized formally or informally
who advocates the passage or defeat of a question or group of questions
on the ballot.
(c) A committee for political action, political party or committee
sponsored by a political party which makes an expenditure on behalf of a
candidate or group of candidates.
(Added to NRS by 1975, 592; A 1977, 1365; 1979, 489; 1983, 1375;
1987, 1142; 1989, 1070; 1991, 1399; 1997, 253; 2005, 2301 )
1. If it appears that the provisions of this chapter have been
violated, the Secretary of State may:
(a) Conduct an investigation concerning the alleged violation and
cause the appropriate proceedings to be instituted and prosecuted in the
First Judicial District Court; or
(b) Refer the alleged violation to the Attorney General. The
Attorney General shall investigate the alleged violation and institute
and prosecute the appropriate proceedings in the First Judicial District
Court without delay.
2. A person who believes that any provision of this chapter has
been violated may notify the Secretary of State, in writing, of the
alleged violation. The notice must be signed by the person alleging the
violation and include any information in support of the alleged violation.
(Added to NRS by 1975, 592; A 1975, 1486; 1977, 1365, 1372; 1983,
1375; 1987, 697; 1989, 1062, 2142; 1991, 1400, 1924; 1995, 1516; 1997,
253; 2005, 2278 )
1. If the Secretary of State receives information that a person or
entity that is subject to the provisions of NRS 294A.120 , 294A.128 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.230 , 294A.270 , 294A.280 or 294A.360 has not filed a report or form for
registration pursuant to the applicable provisions of those sections, the
Secretary of State may, after giving notice to that person or entity,
cause the appropriate proceedings to be instituted in the First Judicial
District Court.
2. Except as otherwise provided in this section, a person or
entity that violates an applicable provision of NRS 294A.112 , 294A.120 , 294A.128 , 294A.130 , 294A.140 , 294A.150 , 294A.160 , 294A.200 , 294A.210 , 294A.220 , 294A.230 , 294A.270 , 294A.280 , 294A.300 , 294A.310 , 294A.320 or 294A.360 is subject to a civil penalty of not more
than $5,000 for each violation and payment of court costs and attorney’s
fees. The civil penalty must be recovered in a civil action brought in
the name of the State of Nevada by the Secretary of State in the First
Judicial District Court and deposited by the Secretary of State for
credit to the State General Fund in the bank designated by the State
Treasurer.
3. If a civil penalty is imposed because a person or entity has
reported its contributions, expenses or expenditures after the date the
report is due, except as otherwise provided in this subsection, the
amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day
the report is late.
(b) If the report is more than 7 days late but not more than 15
days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the
report is late.
Ê A civil penalty imposed pursuant to this subsection against a public
officer who by law is not entitled to receive compensation for his office
or a candidate for such an office must not exceed a total of $100 if the
public officer or candidate received no contributions and made no
expenditures during the relevant reporting periods.
4. For good cause shown, the Secretary of State may waive a civil
penalty that would otherwise be imposed pursuant to this section. If the
Secretary of State waives a civil penalty pursuant to this subsection,
the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has
been waived and describes the circumstances that constitute the good
cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is
available for review by the general public.
(Added to NRS by 1997, 236; A 1999, 2749 ; 2001, 1430 , 2924 , 2931 ; 2003, 1712 , 3017 ; 2005, 2301 )
