A.B. 79
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ASSEMBLY BILL NO. 79–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
(ON BEHALF OF THE SECRETARY OF STATE)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to campaign finance.
(BDR 24-483)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to campaign finance; prohibiting a committee for
political action from spending campaign contributions for
the personal use of any person; authorizing, under certain
circumstances, an elected public officer to use unspent
campaign contributions to pay for the cost of child care,
the care of an elderly parent or health insurance
premiums; requiring certain candidates, public officers or
former public officers to notify the Secretary of State
when all unspent campaign contributions have been
disposed of; requiring a committee for political action to
report the balance in its bank account at the end of a
reporting period; clarifying that certain nonprofit
organizations are not a committee for political action for
purposes of campaign finance requirements; requiring a
candidate to file a notice of intent to file for candidacy
with the Secretary of State; requiring a candidate or
committee for political action to produce certain bank
account information in the course of an investigation of
alleged violation of campaign finance laws; making such
information confidential; providing penalties; and
providing other matters properly relating thereto.
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Legislative Counsel’s Digest:
Under existing law, it is unlawful for a candidate to spend money received as a 1
contribution for the candidate’s personal use. (NRS 294A.160) Section 2 of this bill 2
similarly makes it unlawful for a committee for political action to spend money 3
received as a contribution for the personal use of any person. 4
Under existing law, certain candidates, public officers and former public 5
officers are required to dispose of unspent contributions. Any such candidate, 6
public officer or former public officer is also subject to various reporting 7
requirements for as long as the candidate, public officer or former public officer has 8
unspent contributions. (NRS 294A.160) Section 4 of this bill provides that every 9
candidate, public officer or former public officer who is required to dispose of 10
unspent contributions must, in addition to any other requirement, notify the 11
Secretary of State when the candidate, public officer or former public officer has 12
disposed of all unspent contributions. 13
Under existing law, every candidate for office at a primary, general or special 14
election who is elected to that office and received contributions that were not spent 15
or committed for expenditure before the election is required to dispose of the 16
unspent contributions through one or more authorized methods, including using the 17
unspent contributions to pay for expenses related to public office. (NRS 294A.160) 18
Section 3 of this bill authorizes an elected public officer to use unspent 19
contributions to pay for the cost of child care, the care of an elderly parent or the 20
premiums for health insurance if the elected public officer would be unable to 21
afford to pay such costs due to serving in the elected public office. If an elected 22
public officer uses any unspent contributions to pay for such expenses, section 3: 23
(1) deems the cost of such expenses to be an expense related to public office; and 24
(2) requires the elected public officer to report the use of unspent contributions on 25
his or her campaign finance report. 26
Existing law requires a committee for political action to open and maintain a 27
separate account in a financial institution located in the United States for the 28
deposit of any contributions received not later than 1 week after receiving 29
contributions the sum of which, in the aggregate, is $1,000 or more. (NRS 30
294A.130) Under existing law, certain committees for political action are required 31
to report: (1) each contribution in excess of $1,000 received during a reporting 32
period; and (2) contributions received during a reporting period from a contributor 33
which cumulatively exceed $1,000. (NRS 294A.140) Sections 5 and 8 of this bill 34
require that certain committees for political action also report the balance of the 35
account on the ending date of the reporting period. These requirements are 36
consistent with the requirements for candidates to report the balance of the account 37
at the end of a reporting period. (NRS 294A.130) Sections 9, 10 and 12 of this bill 38
make conforming changes to reflect this new reporting requirement for committees 39
for political action. Section 14 of this bill provides that sections 5 and 8: (1) do not 40
apply to any report of contributions or expenditures that is required to be filed by a 41
committee for political action on or before January 15, 2026; and (2) apply to every 42
report of contributions or expenditures that is required to be filed by a committee 43
for political action after January 15, 2026. 44
Existing law defines a “committee for political action” for purposes of 45
campaign finance law. (NRS 294A.0055) Section 6 of this bill revises this 46
definition to exclude from the definition a nonprofit organization which is 47
recognized as tax exempt pursuant to section 501(c)(3) or 501(c)(4) of the Internal 48
Revenue Code. 49
Existing law requires every candidate, not later than 1 week after receiving 50
minimum contributions of $100, to open and maintain a separate account in a 51
financial institution located in the United States for the deposit of any contributions 52
received. (NRS 294A.130) Section 7 of this bill requires every candidate to also 53
file with the Secretary of State a notice of intent to file for candidacy. 54
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Under existing law, if it appears that the provisions of law relating to campaign 55
finance have been violated, the Secretary of State may conduct an investigation 56
concerning the alleged violation. (NRS 294A.410) Section 11 of this bill provides 57
that in conducting an investigation of an alleged violation, a candidate or committee 58
for political action must, upon request of the Secretary of State, provide to the 59
Secretary of State information relating to the campaign account of the candidate or 60
committee for political action. Sections 11 and 13 of this bill provide that any 61
account information collected or stored by the Secretary of State is confidential and 62
not a public record. 63
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 to 5, inclusive, 2
of this act. 3
Sec. 2. 1. It is unlawful for a committee for political action 4
to spend money received as a contribution for the personal use of 5
any person. 6
2. As used in this section, “personal use” means any use of 7
contributions to a committee for political action to fulfill a 8
commitment, obligation or expense that exists irrespective of the 9
duties or activities of the committee for political action. 10
Sec. 3. 1. An elected public officer may use unspent 11
contributions to pay for the cost of child care, the care of an 12
elderly parent or the premiums for health insurance if the elected 13
public officer would be unable to afford to pay such costs due to 14
serving in the elected public office. 15
2. If an elected public officer uses any unspent contributions 16
to pay for the cost of child care, the care of an elderly parent or 17
the premiums for health insurance pursuant to subsection 1: 18
(a) It shall be deemed that the cost of such expenses is an 19
expense related to public office, as authorized pursuant to 20
paragraph (b) of subsection 3 of NRS 294A.160; and 21
(b) The elected public officer must report the use of unspent 22
contributions for any such purpose pursuant to NRS 294A.200. 23
3. The Secretary of State shall adopt regulations to carry out 24
the provisions of this section. 25
Sec. 4. 1. Every candidate, public officer or former public 26
officer required to dispose of unspent contributions pursuant to 27
NRS 294A.160 shall, in addition to complying with any other 28
requirement set forth in this chapter, notify the Secretary of State, 29
on a form prescribed by the Secretary of State, when the 30
candidate, public officer or former public officer has disposed of 31
all unspent contributions. Such notice must include, without 32
limitation: 33
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(a) A description of the manner in which unspent 1
contributions were disposed of; and 2
(b) An affirmation that all unspent contributions have been 3
properly disposed of pursuant to the applicable provisions of 4
NRS 294A.160. 5
2. The Secretary of State shall adopt regulations to carry out 6
the provisions of this section. 7
Sec. 5. 1. The provisions of this section apply to every 8
committee for political action which receives contributions in 9
excess of $1,000 or makes an expenditure for or against a 10
candidate for office or a group of such candidates. 11
2. Every committee for political action shall, not later 12
than January 15 of the election year, for the period beginning 13
January 1 of the previous year and ending on December 31 of the 14
previous year, report: 15
(a) Each contribution in excess of $1,000 received during the 16
period; 17
(b) Contributions received during the period from a 18
contributor which cumulatively exceed $1,000; and 19
(c) The balance in the account maintained by the committee 20
for political action pursuant to NRS 294A.130 on the ending date 21
of the period. 22
3. In addition to the requirements set forth in subsection 2, 23
every committee for political action described in subsection 1 24
shall, not later than: 25
(a) April 15 of the election year, for the period beginning 26
January 1 and ending on March 31 of the election year; 27
(b) July 15 of the election year, for the period beginning 28
April 1 and ending on June 30 of the election year; 29
(c) October 15 of the election year, for the period beginning 30
July 1 and ending on September 30 of the election year; and 31
(d) January 15 of the year immediately following the 32
election year, for the period beginning October 1 and ending on 33
December 31 of the election year, 34
report each contribution described in paragraphs (a) and (b) of 35
subsection 2 received during the period from a contributor and the 36
balance in the account maintained by the committee for political 37
action pursuant to NRS 294A.130 on the ending date of the 38
period. 39
4. Except as otherwise provided in subsections 5, 6 and 7 and 40
NRS 294A.223, every committee for political action described in 41
subsection 1 which makes an expenditure for or against a 42
candidate for office at a special election or for or against a group 43
of such candidates shall, not later than: 44
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(a) Four days before the beginning of early voting by personal 1
appearance for the special election, for the period from the 2
nomination of the candidate through 5 days before the beginning 3
of early voting by personal appearance for the special election; 4
(b) Four days before the special election, for the period from 4 5
days before the beginning of early voting by personal appearance 6
for the special election through 5 days before the special election; 7
and 8
(c) Thirty days after the special election, for the remaining 9
period through the date of the special election, 10
report each contribution described in paragraphs (a) and (b) of 11
subsection 2 received during the period and the balance in the 12
account maintained by the committee for political action pursuant 13
to NRS 294A.130 on the ending date of the period. 14
5. Except as otherwise provided in subsections 6 and 7 and 15
NRS 294A.223, every committee for political action described in 16
subsection 1 which makes an expenditure for or against a 17
candidate for office at a special election to determine whether a 18
public officer will be recalled or for or against a group of 19
candidates for offices at such special elections shall, not later 20
than: 21
(a) Four days before the beginning of early voting by personal 22
appearance for the special election, for the period from the date 23
the notice of intent to circulate a petition to recall is filed pursuant 24
to NRS 306.015 through 5 days before the beginning of early 25
voting by personal appearance for the special election; 26
(b) Four days before the special election, for the period from 4 27
days before the beginning of early voting by personal appearance 28
for the special election through 5 days before the special election; 29
and 30
(c) Thirty days after the special election, for the remaining 31
period through the date of the special election, 32
report each contribution described in paragraphs (a) and (b) of 33
subsection 2 received during the period and the balance in the 34
account maintained by the committee for political action pursuant 35
to NRS 294A.130 on the ending date of the period. 36
6. Except as otherwise provided in subsection 7, if a petition 37
for recall is not submitted to the filing officer before the expiration 38
of the notice of intent pursuant to the provisions of chapter 306 of 39
NRS or is otherwise legally insufficient when submitted to the 40
filing officer pursuant to the provisions of that chapter, every 41
committee for political action described in subsection 1 which 42
makes an expenditure for or against a candidate for office at a 43
special election to determine whether a public officer will be 44
recalled or for or against a group of such candidates shall, not 45
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later than 30 days after the expiration of the notice of intent, for 1
the period from the filing of the notice of intent through the date 2
that the notice of intent expires or the petition is determined to be 3
legally insufficient, report each contribution described in 4
paragraphs (a) and (b) of subsection 2 received during the period 5
and the balance in the account maintained by the committee for 6
political action pursuant to NRS 294A.130 on the ending date of 7
the period. The provisions of this subsection apply to the 8
committee for political action if the petition for recall: 9
(a) Is not submitted to the filing officer as required by chapter 10
306 of NRS; 11
(b) Is submitted to the filing officer without any valid 12
signatures or with fewer than the necessary number of valid 13
signatures required by chapter 306 of NRS; or 14
(c) Is otherwise legally sufficient or efforts to obtain the 15
necessary number of valid signatures required by chapter 306 of 16
NRS are suspended or discontinued. 17
7. If the legal sufficiency of a petition for recall is challenged 18
and a district court determines that the petition is legally: 19
(a) Sufficient pursuant to chapter 306 of NRS and the order of 20
the district court is appealed, every committee for political action 21
described in subsection 1 which makes an expenditure for or 22
against a candidate for office at a special election to determine 23
whether a public officer will be recalled or for or against a group 24
of candidates for offices at such a special election shall: 25
(1) Not later than 30 days after the date on which the notice 26
of appeal is filed, for the period from the filing of the notice of the 27
intent to circulate the petition for recall through the date on which 28
the notice of appeal is filed, report each contribution described in 29
paragraphs (a), (b) and (c) of subsection 2 received during the 30
period and the balance in the account maintained by the 31
committee for political action pursuant to NRS 294A.130 on 32
the ending date of the period. 33
(2) Not later than 30 days after the date on which all 34
appeals regarding the petition are exhausted, for the period from 35
the day after the date on which the notice of appeal is filed 36
through the date on which all appeals regarding the petition are 37
exhausted, report each contribution described in paragraphs (a) 38
and (b) of subsection 2 received during the period and the balance 39
in the account maintained by the committee for political action 40
pursuant to NRS 294A.130 on the ending date of the period. 41
(b) Insufficient pursuant to chapter 306 of NRS, every 42
committee for political action described in subsection 1 which 43
makes an expenditure for or against a candidate for office at a 44
special election to determine whether a public officer will be 45
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recalled or for or against a group of candidates for offices at such 1
special election shall: 2
(1) Not later than 30 days after the date on which the 3
district court orders the filing officer to cease any further 4
proceedings regarding the petition, for the period from the filing 5
of the notice of intent to circulate the petition for recall through 6
the date of the district court’s order, report each contribution 7
described in paragraphs (a) and (b) of subsection 2 received 8
during the period and the balance in the account maintained by 9
the committee for political action pursuant to NRS 294A.130 on 10
the ending date of the period. 11
(2) Not later than 30 days after the date on which all 12
appeals regarding the petition are exhausted, for the period from 13
the day after the date of the district court’s order through the date 14
on which all appeals regarding the petition are exhausted, report 15
each contribution described in paragraphs (a) and (b) of 16
subsection 2 received during the period and the balance in the 17
account maintained by the committee for political action pursuant 18
to NRS 294A.130 on the ending date of the period. 19
8. In addition to complying with the applicable requirements 20
of subsections 2 to 7, inclusive, a committee for political action 21
described in subsection 1 must, not later than January 15 of each 22
year that is not an election year, for the period beginning 23
January 1 of the previous year and ending on December 31 of the 24
previous year, report each contribution described in paragraphs 25
(a) and (b) of subsection 2 received during the period and the 26
balance in the account maintained by the committee for political 27
action pursuant to NRS 294A.130 on the ending date of the 28
period. Nothing in this subsection: 29
(a) Requires the committee for political action to report 30
information that has previously been reported in a timely manner 31
pursuant to subsections 2 to 7, inclusive; or 32
(b) Authorizes the committee for political action to not comply 33
with any applicable requirement set forth in subsections 2 to 7, 34
inclusive. 35
9. Except as otherwise provided in NRS 294A.3737, the 36
reports of contributions required pursuant to this section must be 37
filed electronically with the Secretary of State. 38
10. A report shall be deemed to be filed on the date that it was 39
received by the Secretary of State. 40
11. Every committee for political action described in this 41
section shall file a report required by this section even if the 42
committee for political action receives no contributions. 43
12. The name and address of the contributor and the date on 44
which the contribution was received must be included on the 45
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report for each contribution in excess of $1,000 and contributions 1
which a contributor has made cumulatively in excess of $1,000 2
since the beginning of the current reporting period. 3
Sec. 6. NRS 294A.0055 is hereby amended to read as follows: 4
294A.0055 1. “Committee for political action” means: 5
(a) Any group of natural persons or entities that solicits or 6
receives contributions from any other person, group or entity and: 7
(1) Makes or intends to make contributions to candidates or 8
other persons; or 9
(2) Makes or intends to make expenditures, 10
designed to affect the outcome of any primary election, general 11
election, special election or question on the ballot. 12
(b) Any business or social organization, corporation, 13
partnership, association, trust, unincorporated organization or labor 14
union: 15
(1) Which has as its primary purpose affecting the outcome 16
of any primary election, general election, special election or any 17
question on the ballot and for that purpose receives contributions in 18
excess of $1,500 in a calendar year or makes expenditures in excess 19
of $1,500 in a calendar year; or 20
(2) Which does not have as its primary purpose affecting the 21
outcome of any primary election, general election, special election 22
or any question on the ballot, but for the purpose of affecting the 23
outcome of any election or question on the ballot receives 24
contributions in excess of $5,000 in a calendar year or makes 25
independent expenditures in excess of $5,000 in a calendar year. 26
2. “Committee for political action” does not include: 27
(a) An organization made up of legislative members of a 28
political party whose primary purpose is to provide support for their 29
political efforts. 30
(b) An entity solely because it provides goods or services to a 31
candidate or committee in the regular course of its business at the 32
same price that would be provided to the general public. 33
(c) An individual natural person. 34
(d) Except as otherwise provided in paragraph (b) of subsection 35
1, an individual corporation or other business organization who has 36
filed articles of incorporation or other documentation of 37
organization with the Secretary of State pursuant to title 7 of NRS. 38
(e) Except as otherwise provided in paragraph (b) of subsection 39
1, a labor union. 40
(f) A personal campaign committee or the personal 41
representative of a candidate who receives contributions or makes 42
expenditures that are reported as contributions or expenditures by 43
the candidate. 44
(g) A committee for the recall of a public officer. 45
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(h) A major or minor political party or any committee sponsored 1
by a major or minor political party. 2
(i) A nonprofit organization which is recognized as tax exempt 3
pursuant to section 501(c)(3) or 501(c)(4) of the Internal Revenue 4
Code, being 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(c)(4). 5
Sec. 7. NRS 294A.130 is hereby amended to read as follows: 6
294A.130 1. Every candidate shall, not later than 1 week 7
after receiving minimum contributions of $100, [open] do the 8
following: 9
(a) Open and maintain a separate account in a financial 10
institution located in the United States for the deposit of any 11
contributions received. The candidate shall not commingle the 12
money in the account with money collected for other purposes. 13
(b) File with the Secretary of State a notice of intent to file for 14
candidacy. The notice of intent to file for candidacy must, without 15
limitation, indicate the office for which the candidate intends to 16
run. If the candidate later decides to run for a different office, the 17
candidate must file with the Secretary of State, on a form 18
prescribed by the Secretary of State, an updated intent to file for 19
candidacy. Any such updated intent to file for candidacy must be 20
filed with the Secretary of State not later than 1 week after the 21
candidate decides to run for a different office. 22
2. The candidate may close the separate account if the 23
candidate: 24
(a) Was a candidate in a special election, after that election; 25
(b) Lost in the primary election, after the primary election; or 26
(c) Won the primary election, after the general election, 27
and as soon as all payments of money committed have been 28
made. 29
3. Every committee for political action, committee sponsored 30
by a political party and committee for the recall of a public officer 31
shall, not later than 1 week after receiving contributions the sum of 32
which, in the aggregate, is $1,000 or more, open and maintain a 33
separate account in a financial institution located in the United 34
States for the deposit of any contributions received. The committee 35
for political action, committee sponsored by a political party or 36
committee for the recall of a public officer shall not commingle the 37
money in the account with money collected for other purposes. 38
4. A candidate must file an intent to file for candidacy 39
pursuant to subsection 1 for each office for which the candidate is 40
seeking election or intends to seek election. 41
Sec. 8. NRS 294A.140 is hereby amended to read as follows: 42
294A.140 1. The provisions of this section apply to: 43
(a) Every person who makes an independent expenditure in 44
excess of $1,000; and 45
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(b) Every [committee for political action,] political party and 1
committee sponsored by a political party which receives 2
contributions in excess of $1,000 or makes an expenditure for or 3
against a candidate for office or a group of such candidates. 4
2. Every person, [committee and] political party and 5
committee described in subsection 1 shall, not later than January 15 6
of the election year, for the period beginning January 1 of the 7
previous year and ending on December 31 of the previous year, 8
report each contribution in excess of $1,000 received during the 9
period and contributions received during the period from a 10
contributor which cumulatively exceed $1,000. 11
3. In addition to the requirements set forth in subsection 2, 12
every person, [committee and] political party and committee 13
described in subsection 1 shall, not later than: 14
(a) April 15 of the election year, for the period beginning 15
January 1 and ending on March 31 of the election year; 16
(b) July 15 of the election year, for the period beginning April 1 17
and ending on June 30 of the election year; 18
(c) October 15 of the election year, for the period beginning 19
July 1 and ending on September 30 of the election year; and 20
(d) January 15 of the year immediately following the election 21
year, for the period beginning October 1 and ending on 22
December 31 of the election year, 23
report each contribution in excess of $1,000 received during the 24
period and contributions received during the period from a 25
contributor which cumulatively exceed $1,000. 26
4. Except as otherwise provided in subsections 5, 6 and 7 and 27
NRS 294A.223, every person, [committee and] political party and 28
committee described in subsection 1 which makes an independent 29
expenditure or other expenditure, as applicable, for or against a 30
candidate for office at a special election or for or against a group of 31
such candidates shall, not later than: 32
(a) Four days before the beginning of early voting by personal 33
appearance for the special election, for the period from the 34
nomination of the candidate through 5 days before the beginning of 35
early voting by personal appearance for the special election; 36
(b) Four days before the special election, for the period from 4 37
days before the beginning of early voting by personal appearance 38
for the special election through 5 days before the special election; 39
and 40
(c) Thirty days after the special election, for the remaining 41
period through the date of the special election, 42
report each contribution in excess of $1,000 received during the 43
period and contributions received during the period from a 44
contributor which cumulatively exceed $1,000. 45
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5. Except as otherwise provided in subsections 6 and 7 and 1
NRS 294A.223, every person, [committee and] political party and 2
committee described in subsection 1 which makes an independent 3
expenditure or other expenditure, as applicable, for or against a 4
candidate for office at a special election to determine whether a 5
public officer will be recalled or for or against a group of candidates 6
for offices at such special elections shall, not later than: 7
(a) Four days before the beginning of early voting by personal 8
appearance for the special election, for the period from the date the 9
notice of intent to circulate a petition to recall is filed pursuant to 10
NRS 306.015 through 5 days before the beginning of early voting 11
by personal appearance for the special election; 12
(b) Four days before the special election, for the period from 4 13
days before the beginning of early voting by personal appearance 14
for the special election through 5 days before the special election; 15
and 16
(c) Thirty days after the special election, for the remaining 17
period through the date of the special election, 18
report each contribution in excess of $1,000 received during the 19
period and contributions received during the period from a 20
contributor which cumulatively exceed $1,000. 21
6. Except as otherwise provided in subsection 7, if a petition 22
for recall is not submitted to the filing officer before the expiration 23
of the notice of intent pursuant to the provisions of chapter 306 of 24
NRS or is otherwise legally insufficient when submitted to the filing 25
officer pursuant to the provisions of that chapter, every person, 26
[committee and] political party and committee described in 27
subsection 1 which makes an independent expenditure or other 28
expenditure, as applicable, for or against a candidate for office at a 29
special election to determine whether a public officer will be 30
recalled or for or against a group of such candidates shall, not later 31
than 30 days after the expiration of the notice of intent, for the 32
period from the filing of the notice of intent through the date that the 33
notice of intent expires or the petition is determined to be legally 34
insufficient, report each contribution in excess of $1,000 received 35
and contributions received which cumulatively exceed $1,000. The 36
provisions of this subsection apply to the person, [committee and] 37
political party and committee if the petition for recall: 38
(a) Is not submitted to the filing officer as required by chapter 39
306 of NRS; 40
(b) Is submitted to the filing officer without any valid signatures 41
or with fewer than the necessary number of valid signatures required 42
by chapter 306 of NRS; or 43
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(c) Is otherwise legally insufficient or efforts to obtain the 1
necessary number of valid signatures required by chapter 306 of 2
NRS are suspended or discontinued. 3
7. If the legal sufficiency of a petition for recall is challenged 4
and a district court determines that the petition is legally: 5
(a) Sufficient pursuant to chapter 306 of NRS and the order of 6
the district court is appealed, every person, [committee and] political 7
party and committee described in subsection 1 which makes an 8
independent expenditure or other expenditure, as applicable, for or 9
against a candidate for office at a special election to determine 10
whether a public officer will be recalled or for or against a group of 11
candidates for offices at such a special election shall: 12
(1) Not later than 30 days after the date on which the notice 13
of appeal is filed, for the period from the filing of the notice of 14
intent to circulate the petition for recall through the date on which 15
the notice of appeal is filed, report each contribution in excess of 16
$1,000 received during the period and contributions received during 17
the period which cumulatively exceed $1,000. 18
(2) Not later than 30 days after the date on which all appeals 19
regarding the petition are exhausted, for the period from the day 20
after the date on which the notice of appeal is filed through the date 21
on which all appeals regarding the petition are exhausted, report 22
each contribution in excess of $1,000 received during the period and 23
contributions received during the period which cumulatively exceed 24
$1,000. 25
(b) Insufficient pursuant to chapter 306 of NRS, every person, 26
[committee and] political party and committee described in 27
subsection 1 which makes an independent expenditure or other 28
expenditure, as applicable, for or against a candidate for office at a 29
special election to determine whether a public officer will be 30
recalled or for or against a group of candidates for offices at such a 31
special election shall: 32
(1) Not later than 30 days after the date on which the district 33
court orders the filing officer to cease any further proceedings 34
regarding the petition, for the period from the filing of the notice of 35
intent to circulate the petition for recall through the date of the 36
district court’s order, report each contribution in excess of $1,000 37
received during the period and contributions received during the 38
period which cumulatively exceed $1,000. 39
(2) Not later than 30 days after the date on which all appeals 40
regarding the petition are exhausted, for the period from the day 41
after the date of the district court’s order through the date on which 42
all appeals regarding the petition are exhausted, report each 43
contribution in excess of $1,000 received during the period and 44
– 13 –
- *AB79*
contributions received during the period which cumulatively exceed 1
$1,000. 2
8. In addition to complying with the applicable requirements of 3
subsections 2 to 7, inclusive, a person, [committee or] political party 4
or committee described in subsection 1 must, not later than 5
January 15 of each year that is not an election year, for the period 6
beginning January 1 of the previous year and ending on 7
December 31 of the previous year, report each contribution in 8
excess of $1,000 received during the period and contributions 9
received during the period from a contributor which cumulatively 10
exceed $1,000. Nothing in this subsection: 11
(a) Requires the person, [committee or] political party or 12
committee to report information that has previously been reported in 13
a timely manner pursuant to subsections 2 to 7, inclusive; or 14
(b) Authorizes the person, [committee or] political party or 15
committee to not comply with any applicable requirement set forth 16
in subsections 2 to 7, inclusive. 17
9. Except as otherwise provided in NRS 294A.3737, the 18
reports of contributions required pursuant to this section must be 19
filed electronically with the Secretary of State. 20
10. A report shall be deemed to be filed on the date that it was 21
received by the Secretary of State. 22
11. Every person, [committee and] political party and 23
committee described in this section shall file a report required by 24
this section even if the person, [committee or] political party or 25
committee receives no contributions. 26
12. The name and address of the contributor and the date on 27
which the contribution was received must be included on the report 28
for each contribution in excess of $1,000 and contributions which a 29
contributor has made cumulatively in excess of $1,000 since the 30
beginning of the current reporting period. 31
Sec. 9. NRS 294A.223 is hereby amended to read as follows: 32
294A.223 If a special election is held on the same day as a 33
primary election or general election, any candidate, person, 34
committee, political party or nonprofit corporation that is otherwise 35
required to file a report with the Secretary of State pursuant to NRS 36
294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 37
294A.362 or section 5 of this act shall, in lieu of complying with 38
the requirements of those sections relating to a special election, 39
comply with the requirements of those sections relating to the 40
primary election or general election, as applicable, except that: 41
1. A candidate, person, committee, political party or nonprofit 42
corporation is not required to file a report pursuant to NRS 43
294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 44
– 14 –
- *AB79*
294A.362 or section 5 of this act that was due on or before the date 1
on which the call for the special election was issued; and 2
2. If the special election is held on the same day as a primary 3
election, the final report for the special election that is required 4
pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 5
294A.210, 294A.220 or 294A.362 or section 5 of this act is due on 6
or before the 15th day of the second month after the primary 7
election. 8
Sec. 10. NRS 294A.390 is hereby amended to read as follows: 9
294A.390 The officer from whom a candidate or entity 10
requests a form for: 11
1. A declaration of candidacy; 12
2. The registration of a nonprofit corporation pursuant to NRS 13
294A.225, a committee for political action pursuant to NRS 14
294A.230 or a committee for the recall of a public officer pursuant 15
to NRS 294A.250; or 16
3. The reporting of the creation of a legal defense fund 17
pursuant to NRS 294A.286, 18
shall furnish the candidate or entity with the necessary forms for 19
reporting and copies of the regulations adopted by the Secretary of 20
State pursuant to this chapter. An explanation of the applicable 21
provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 22
294A.150, 294A.200, 294A.210, 294A.220, 294A.270 or 294A.280 23
or section 5 of this act relating to the making, accepting or reporting 24
of contributions, campaign expenses or expenditures and the 25
penalties for a violation of those provisions as set forth in NRS 26
294A.100 or 294A.420, and an explanation of NRS 294A.286 and 27
294A.287 relating to the accepting or reporting of contributions 28
received by and expenditures made from a legal defense fund and 29
the penalties for a violation of those provisions as set forth in NRS 30
294A.287 and 294A.420, must be developed by the Secretary of 31
State and provided upon request. The candidate or entity shall 32
acknowledge receipt of the material. 33
Sec. 11. NRS 294A.410 is hereby amended to read as follows: 34
294A.410 1. If it appears that the provisions of this chapter 35
have been violated, the Secretary of State may: 36
(a) Conduct an investigation concerning the alleged violation 37
and cause the appropriate proceedings to be instituted and 38
prosecuted in the First Judicial District Court; or 39
(b) Refer the alleged violation to the Attorney General. The 40
Attorney General shall investigate the alleged violation and institute 41
and prosecute the appropriate proceedings in the First Judicial 42
District Court without delay. 43
2. A person who believes that any provision of this chapter has 44
been violated may notify the Secretary of State, in writing, of the 45
– 15 –
- *AB79*
alleged violation. The notice must be signed by the person alleging 1
the violation and include: 2
(a) The full name and address of the person alleging the 3
violation; 4
(b) A clear and concise statement of facts sufficient to establish 5
that the alleged violation occurred; 6
(c) Any evidence substantiating the alleged violation; 7
(d) A certification by the person alleging the violation that the 8
facts alleged in the notice are true to the best knowledge and belief 9
of that person; and 10
(e) Any other information in support of the alleged violation. 11
3. As soon as practicable after receiving a notice of an alleged 12
violation pursuant to subsection 2, the Secretary of State shall 13
provide a copy of the notice and any accompanying information to 14
the person, if any, alleged in the notice to have committed the 15
violation. Any response submitted to the notice must be 16
accompanied by a short statement of the grounds, if any, for 17
objecting to the alleged violation and include any evidence 18
substantiating the objection. 19
4. If the Secretary of State determines, based on a notice of an 20
alleged violation received pursuant to subsection 2, that reasonable 21
suspicion exists that a violation of this chapter has occurred, the 22
Secretary of State may conduct an investigation of the alleged 23
violation. 24
5. During the course of an investigation of an alleged 25
violation pursuant to this section, the Secretary of State may 26
require that a candidate or committee for political action provide 27
information about the campaign account established pursuant to 28
NRS 294A.130. Any account information collected or stored by the 29
Secretary of State as part of an investigation is confidential and 30
not a public record within the meaning of NRS 239.010. 31
6. If a notice of an alleged violation is received pursuant to 32
subsection 2 not later than 180 days after the general election or 33
special election for the office or ballot question to which the notice 34
pertains, the Secretary of State, when conducting an investigation of 35
the alleged violation pursuant to subsection 4, may subpoena 36
witnesses and require the production by subpoena of any books, 37
papers, correspondence, memoranda, agreements or other 38
documents or records that the Secretary of State or a designated 39
officer or employee of the Secretary of State determines are relevant 40
or material to the investigation and are in the possession of: 41
(a) Any person alleged in the notice to have committed the 42
violation; or 43
(b) If the notice does not include the name of a person alleged to 44
have committed the violation, any person who the Secretary of State 45
– 16 –
- *AB79*
or a designated officer or employee of the Secretary of State has 1
reasonable cause to believe produced or disseminated the materials 2
that are the subject of the notice. 3
[6.] 7. If a person fails to testify or produce any documents or 4
records in accordance with a subpoena issued pursuant to subsection 5
[5,] 6, the Secretary of State or designated officer or employee may 6
apply to the court for an order compelling compliance. A request for 7
an order of compliance may be addressed to: 8
(a) The district court in and for the county where service may be 9
obtained on the person refusing to testify or produce the documents 10
or records, if the person is subject to service of process in this State; 11
or 12
(b) A court of another state having jurisdiction over the person 13
refusing to testify or produce the documents or records, if the person 14
is not subject to service of process in this State. 15
Sec. 12. NRS 294A.420 is hereby amended to read as follows: 16
294A.420 1. If the Secretary of State receives information 17
that a candidate, person, organization, committee, political party or 18
nonprofit corporation that is subject to the provisions of NRS 19
294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 20
294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286 21
or section 5 of this act has not filed a report or form for registration 22
pursuant to the applicable provisions of those sections, the Secretary 23
of State may, after giving notice to that candidate, person, 24
organization, committee, political party or nonprofit corporation, 25
cause the appropriate proceedings to be instituted in the First 26
Judicial District Court. 27
2. Except as otherwise provided in this section, a candidate, 28
person, organization, committee, political party or nonprofit 29
corporation that violates an applicable provision of this chapter is 30
subject to a civil penalty of not more than $10,000 for each violation 31
and payment of court costs and attorney’s fees. The civil penalty 32
must be recovered in a civil action brought in the name of the State 33
of Nevada by the Secretary of State in the First Judicial District 34
Court and deposited by the Secretary of State for credit to the State 35
General Fund in the bank designated by the State Treasurer. 36
3. If a civil penalty is imposed because a candidate, person, 37
organization, committee, political party or nonprofit corporation has 38
reported its contributions, campaign expenses, independent 39
expenditures or other expenditures after the date the report is due, 40
except as otherwise provided in this subsection, the amount of the 41
civil penalty is: 42
(a) If the report is not more than 7 days late, $25 for each day 43
the report is late. 44
– 17 –
- *AB79*
(b) If the report is more than 7 days late but not more than 15 1
days late, $50 for each day the report is late. 2
(c) If the report is more than 15 days late, $100 for each day the 3
report is late. 4
A civil penalty imposed pursuant to this subsection against a 5
public officer who by law is not entitled to receive compensation for 6
his or her office or a candidate for such an office must not exceed a 7
total of $100 if the public officer or candidate received no 8
contributions and made no expenditures during the relevant 9
reporting periods. 10
4. For good cause shown, the Secretary of State may waive a 11
civil penalty that would otherwise be imposed pursuant to this 12
section. 13
5. When considering whether to waive, pursuant to subsection 14
4, a civil penalty that would otherwise be imposed pursuant to 15
subsection 3, the Secretary of State may consider, without 16
limitation: 17
(a) The seriousness of the violation, including, without 18
limitation, the nature, circumstances and extent of the violation; 19
(b) Any history of violations committed by the candidate, 20
person, organization, committee, political party or nonprofit 21
corporation against whom the civil penalty would otherwise be 22
imposed; 23
(c) Any mitigating factor, including, without limitation, whether 24
the candidate, person, organization, committee, political party or 25
nonprofit corporation against whom the civil penalty would 26
otherwise be imposed reported the violation, corrected the violation 27
in a timely manner, attempted to correct the violation or cooperated 28
with the Secretary of State in resolving the situation that led to the 29
violation; 30
(d) Whether the violation was inadvertent; 31
(e) Any knowledge or experience the candidate, person, 32
organization, committee, political party or nonprofit corporation has 33
with the provisions of this chapter; and 34
(f) Any other factor that the Secretary of State deems to be 35
relevant. 36
6. If the Secretary of State waives a civil penalty pursuant to 37
subsection 4, the Secretary of State shall: 38
(a) Create a record which sets forth that the civil penalty has 39
been waived and describes the circumstances that constitute the 40
good cause shown; and 41
(b) Ensure that the record created pursuant to paragraph (a) is 42
available for review by the general public. 43
7. The remedies and penalties provided by this chapter are 44
cumulative, do not abrogate and are in addition to any other 45
– 18 –
- *AB79*
remedies and penalties that may exist at law or in equity, including, 1
without limitation, any criminal penalty that may be imposed 2
pursuant to this chapter or NRS 199.120, 199.145 or 239.330. 3
Sec. 13. NRS 239.010 is hereby amended to read as follows: 4
239.010 1. Except as otherwise provided in this section and 5
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 6
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 7
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 8
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 9
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 10
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 11
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 12
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 13
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 14
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 15
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 16
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 17
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 18
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 19
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 20
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 21
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 22
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 23
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 24
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 25
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 26
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 27
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 28
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 29
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 30
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 31
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 32
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 33
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 34
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 35
294A.410, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 36
338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 37
349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 38
353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 39
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 40
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 41
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 42
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 43
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 44
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 45
– 19 –
- *AB79*
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 1
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 2
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 3
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 4
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 5
432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 6
432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 7
433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 8
439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 9
439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 10
442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 11
449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 12
450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 13
459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 14
463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 15
480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 16
483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 17
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 18
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 19
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 20
604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 21
616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 22
623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 23
628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 24
630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 25
630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 26
632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 27
633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 28
634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 29
636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 30
639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 31
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 32
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 33
641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 34
641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 35
641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 36
645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 37
645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 38
647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 39
653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 40
669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 41
673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 42
678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 43
679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 44
681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 45
– 20 –
- *AB79*
686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 1
688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 2
692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 3
696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 4
710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of 5
Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 6
and unless otherwise declared by law to be confidential, all public 7
books and public records of a governmental entity must be open at 8
all times during office hours to inspection by any person, and may 9
be fully copied or an abstract or memorandum may be prepared 10
from those public books and public records. Any such copies, 11
abstracts or memoranda may be used to supply the general public 12
with copies, abstracts or memoranda of the records or may be used 13
in any other way to the advantage of the governmental entity or of 14
the general public. This section does not supersede or in any manner 15
affect the federal laws governing copyrights or enlarge, diminish or 16
affect in any other manner the rights of a person in any written book 17
or record which is copyrighted pursuant to federal law. 18
2. A governmental entity may not reject a book or record 19
which is copyrighted solely because it is copyrighted. 20
3. A governmental entity that has legal custody or control of a 21
public book or record shall not deny a request made pursuant to 22
subsection 1 to inspect or copy or receive a copy of a public book or 23
record on the basis that the requested public book or record contains 24
information that is confidential if the governmental entity can 25
redact, delete, conceal or separate, including, without limitation, 26
electronically, the confidential information from the information 27
included in the public book or record that is not otherwise 28
confidential. 29
4. If requested, a governmental entity shall provide a copy of a 30
public record in an electronic format by means of an electronic 31
medium. Nothing in this subsection requires a governmental entity 32
to provide a copy of a public record in an electronic format or by 33
means of an electronic medium if: 34
(a) The public record: 35
(1) Was not created or prepared in an electronic format; and 36
(2) Is not available in an electronic format; or 37
(b) Providing the public record in an electronic format or by 38
means of an electronic medium would: 39
(1) Give access to proprietary software; or 40
(2) Require the production of information that is confidential 41
and that cannot be redacted, deleted, concealed or separated from 42
information that is not otherwise confidential. 43
5. An officer, employee or agent of a governmental entity who 44
has legal custody or control of a public record: 45
– 21 –
- *AB79*
(a) Shall not refuse to provide a copy of that public record in the 1
medium that is requested because the officer, employee or agent has 2
already prepared or would prefer to provide the copy in a different 3
medium. 4
(b) Except as otherwise provided in NRS 239.030, shall, upon 5
request, prepare the copy of the public record and shall not require 6
the person who has requested the copy to prepare the copy himself 7
or herself. 8
Sec. 14. 1. The provisions of sections 5 and 8 of this act: 9
(a) Do not apply to any report of contributions or expenditures 10
that is required to be filed by a committee for political action on or 11
before January 15, 2026. 12
(b) Apply to every report of contributions or expenditures that is 13
required to be filed by a committee for political action after 14
January 15, 2026. 15
2. As used in this section: 16
(a) “Committee for political action” has the meaning ascribed to 17
it in NRS 294A.0055, as amended by section 6 of this act. 18
(b) “Contribution” has the meaning ascribed to it in 19
NRS 294A.007. 20
(c) “Expenditure” has the meaning ascribed to it in 21
NRS 294A.0075. 22
Sec. 15. 1. This section becomes effective upon passage and 23
approval. 24
2. Sections 1 to 14, inclusive, of this act become effective: 25
(a) Upon passage and approval for the purpose of adopting any 26
regulations and performing any preparatory administrative tasks that 27
are necessary to carry out the provisions of this act; and 28
(b) On January 1, 2026, for all other purposes. 29
H