S.B. 414
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SENATE BILL NO. 414–SENATORS SCHEIBLE, CANNIZZARO;
DONDERO LOOP AND PAZINA
MARCH 20, 2025
____________
JOINT SPONSOR: ASSEMBLYMEMBER YEAGER
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to public office.
(BDR 23-1111)
FISCAL NOTE: Effect on Local Government: No.
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 public office; revising provisions governing
financial disclosure statements filed by certain public
officers and candidates for public office; defining the term
“inaugural committee”; requiring an inaugural committee
to report certain contributions and expenditures; requiring
a candidate who is elected to a constitutional office to
report certain contributions and expenditures for a certain
period preceding the election and preceding the next
regular legislative session; prohibiting a foreign national
from making a contribution or commitment to make a
contribution to an inaugural committee; providing a
penalty; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
The Nevada Financial Disclosure Act requires certain public officers and 1
candidates for public office to disclose certain information in financial disclosure 2
statements filed with the Secretary of State. (NRS 281.005, 281.5555-281.581) In 3
part, existing law requires the disclosure of each business entity with which the 4
public officer or candidate or member of the public officer’s or candidate’s 5
household is involved as a holder of a class of stock or security representing 1 6
percent or more of the total outstanding stock or securities issued by the business 7
entity. (NRS 281.571) Section 1 of this bill additionally requires the disclosure of 8
each business entity with which the public officer or candidate or a member of the 9
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public officer’s or candidate’s household is involved as a holder of a class of stock 10
or security issued by the business entity that is valued at $5,000 or more. 11
Existing law requires certain persons who make independent expenditures and 12
certain committees for political action, political parties and committees sponsored 13
by a political party which receive certain contributions or make certain 14
expenditures to report such contributions and expenditures. (NRS 294A.140, 15
294A.150, 294A.210, 294A.220, 294A.230) Section 5 of this bill requires an 16
inaugural committee to report certain contributions and expenditures. Section 4 of 17
this bill defines the term “inaugural committee.” 18
Existing law requires a candidate for office at a primary election or general 19
election to report certain contributions made during the election year. (NRS 20
294A.120) Section 6 of this bill requires a candidate who has been elected to a 21
constitutional office to report certain contributions and expenditures in relation to 22
the transition to the constitutional office. Section 3 of this bill defines the terms 23
“constitutional office” and “constitutional officer.” 24
Section 7 of this bill makes a conforming change to apply the terms defined in 25
sections 3 and 4 to certain provisions of law governing campaign practices. 26
Section 8 of this bill prohibits a foreign national from making a contribution or 27
a commitment to make a contribution to an inaugural committee. 28
Sections 9-12 of this bill make conforming changes to incorporate the 29
requirements of sections 5 and 6 into existing law governing campaign practices. 30
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.571 is hereby amended to read as follows: 1
281.571 Each financial disclosure statement must contain the 2
following information concerning the public officer or candidate: 3
1. The public officer’s or candidate’s length of residence in the 4
State of Nevada and the district in which the public officer or 5
candidate is registered to vote. 6
2. Each source of the public officer’s or candidate’s income, or 7
that of any member of the public officer’s or candidate’s household 8
who is 18 years of age or older. No listing of individual clients, 9
customers or patients is required, but if that is the case, a general 10
source such as “professional services” must be disclosed. 11
3. A list of the specific location and particular use of real 12
estate, other than a personal residence: 13
(a) In which the public officer or candidate or a member of the 14
public officer’s or candidate’s household has a legal or beneficial 15
interest; 16
(b) Whose fair market value is $2,500 or more; and 17
(c) That is located in this State or an adjacent state. 18
4. The name of each creditor to whom the public officer or 19
candidate or a member of the public officer’s or candidate’s 20
household owes $5,000 or more, except for: 21
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(a) A debt secured by a mortgage or deed of trust of real 1
property which is not required to be listed pursuant to subsection 3; 2
and 3
(b) A debt for which a security interest in a motor vehicle for 4
personal use was retained by the seller. 5
5. If the public officer or candidate has undertaken or attended 6
any educational or informational meetings, events or trips during the 7
immediately preceding calendar year or other period for which the 8
public officer or candidate is filing the financial disclosure 9
statement, a list of all such meetings, events or trips, including: 10
(a) The purpose and location of the meeting, event or trip and 11
the name of the organization conducting, sponsoring, hosting or 12
requesting the meeting, event or trip; 13
(b) The identity of each interested person providing anything of 14
value to the public officer or candidate or a member of the public 15
officer’s or candidate’s household to undertake or attend the 16
meeting, event or trip; and 17
(c) The aggregate value of everything provided by those 18
interested persons to the public officer or candidate or a member of 19
the public officer’s or candidate’s household to undertake or attend 20
the meeting, event or trip. 21
6. If the public officer or candidate has received any gifts in 22
excess of an aggregate value of $200 from a donor during the 23
immediately preceding calendar year or other period for which the 24
public officer or candidate is filing the financial disclosure 25
statement, a list of all such gifts, including the identity of the donor 26
and the value of each gift. 27
7. A list of each business entity with which the public officer 28
or candidate or a member of the public officer’s or candidate’s 29
household is involved as a trustee, beneficiary of a trust, director, 30
officer, owner in whole or in part, limited or general partner, or 31
holder of a class of stock or security [representing] issued by the 32
business entity that: 33
(a) Represents 1 percent or more of the total outstanding stock 34
or securities issued by the business entity [.] ; or 35
(b) Is valued at $5,000 or more. 36
8. A list of all public offices presently held by the public 37
officer or candidate for which this financial disclosure statement is 38
required. 39
Sec. 2. Chapter 294A of NRS is hereby amended by adding 40
thereto the provisions set forth as sections 3 to 6, inclusive, of this 41
act. 42
Sec. 3. “Constitutional office” or “constitutional officer” 43
means: 44
1. The Governor; 45
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2. The Lieutenant Governor; 1
3. The Secretary of State; 2
4. The State Treasurer; 3
5. The State Controller; and 4
6. The Attorney General. 5
Sec. 4. “Inaugural committee” means any organization, 6
person or group of persons that anticipates receiving contributions 7
or making expenditures for the inauguration of a constitutional 8
officer. 9
Sec. 5. 1. An inaugural committee shall report for each 10
period required pursuant to subsection 2: 11
(a) Each contribution received relating to the inauguration in 12
excess of $1,000; 13
(b) Contributions received during the period relating to the 14
inauguration from a contributor which cumulatively exceed 15
$1,000; 16
(c) The total of all contributions received during the period 17
relating to the inauguration which are not otherwise required to 18
be reported pursuant to paragraph (b); 19
(d) Each expenditure relating to the inauguration made during 20
the period in excess of $1,000; and 21
(e) Expenditures made relating to the inauguration during the 22
period to one recipient which cumulatively exceed $1,000. 23
2. The report required to subsection 1 must be filed: 24
(a) Not later than the 90th day following the first day of the 25
regular session of the Legislature that is immediately following the 26
inauguration of the constitutional officer, for the period beginning 27
on the date of the organization of the committee and ending on the 28
75th day of such regular session; 29
(b) Not later than 15 days after the end of such regular 30
session, for the period beginning on the 76th day of such regular 31
session and ending on the last day of such regular session; and 32
(c) Not later than January 15, for the period beginning on 33
January 1 of any year other than the year immediately following 34
the year of the general election in which the constitutional officer 35
was elected and ending on December 31 of the previous year. 36
3. An inaugural committee that disbands shall: 37
(a) Notify the Secretary of State; and 38
(b) File a final report that sets forth: 39
(1) Each contribution and expenditure required to be 40
reported pursuant to subsection 1 that has not previously been 41
reported; and 42
(2) The disposition of any contributions made to the 43
inaugural committee that are not spent or committed for 44
expenditure by the inaugural committee. 45
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Nothing in this subsection requires an inaugural committee to 1
report information that has previously been reported in a timely 2
manner pursuant to this section. 3
4. An inaugural committee is not subject to the provisions of 4
NRS 294A.100 or 294A.300. 5
5. Except as otherwise provided in NRS 294A.3737, the 6
reports required by this section must be filed electronically with 7
the Secretary of State. 8
6. A report filed pursuant to this section shall be deemed to be 9
filed on the date that it was received by the Secretary of State. 10
Every inaugural committee shall file a report as required by this 11
section even if the committee receives no contributions. 12
Sec. 6. 1. A candidate for a constitutional office who is 13
elected shall report, not later than the 90th day following the first 14
day of the regular session of the Legislature that is immediately 15
following the inauguration of the constitutional officer, for the 16
period beginning on the day following the general election in 17
which the constitutional officer was elected and ending on the day 18
immediately preceding the beginning of the period set forth in 19
NRS 294A.300: 20
(a) Each contribution in excess of $100 received in relation to 21
the transition to holding the constitutional office during the 22
period; 23
(b) Contributions received in relation to the transition to 24
holding the constitutional office during the period from a 25
contributor which cumulatively exceed $100; 26
(c) The total of all contributions received in relation to the 27
transition to holding the constitutional office during the period 28
which are $100 or less and which are not otherwise required to be 29
reported pursuant to paragraph (b); 30
(d) The balance in the account maintained by the candidate 31
pursuant to NRS 294A.130 on the ending date of the period; and 32
(e) Goods and services provided in kind in relation to the 33
transition to holding the constitutional office and for which money 34
would otherwise have been paid. 35
2. Nothing in this section requires the candidate to report 36
information that has previously been reported in a timely manner 37
pursuant to this chapter. 38
3. Except as otherwise provided in NRS 294A.3733, the 39
reports required by this section must be filed electronically with 40
the Secretary of State. 41
4. A report filed pursuant to this section shall be deemed to be 42
filed on the date that it was received by the Secretary of State. 43
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Sec. 7. NRS 294A.002 is hereby amended to read as follows: 1
294A.002 As used in this chapter, unless the context otherwise 2
requires, the words and terms defined in NRS 294A.0025 to 3
294A.014, inclusive, and sections 3 and 4 of this act have the 4
meanings ascribed to them in those sections. 5
Sec. 8. NRS 294A.325 is hereby amended to read as follows: 6
294A.325 1. A foreign national shall not, directly or 7
indirectly, make a contribution or a commitment to make a 8
contribution to: 9
(a) A candidate; 10
(b) A committee for political action; 11
(c) A committee for the recall of a public officer; 12
(d) A person who makes an independent expenditure; 13
(e) A political party or committee sponsored by a political party 14
that makes an expenditure for or against a candidate or group of 15
candidates; 16
(f) An organization made up of legislative members of a 17
political party whose primary purpose is to provide support for their 18
political efforts; 19
(g) A personal campaign committee or the personal 20
representative of a candidate who receives contributions or makes 21
expenditures that are reported as contributions or expenditures by 22
the candidate; [or] 23
(h) A nonprofit corporation that is registered or required to be 24
registered pursuant to NRS 294A.225 [.] ; or 25
(i) An inaugural committee. 26
2. Except as otherwise provided in subsection 3, a candidate, 27
person, group, committee, political party, organization or nonprofit 28
corporation described in subsection 1 shall not knowingly solicit, 29
accept or receive a contribution or a commitment to make a 30
contribution from a foreign national. 31
3. For the purposes of subsection 2, if a candidate, person, 32
group, committee, political party, organization or nonprofit 33
corporation is aware of facts that would lead a reasonable person to 34
inquire whether the source of a contribution is a foreign national, the 35
candidate, person, group, committee, political party, organization or 36
nonprofit corporation shall be deemed to have not knowingly 37
solicited, accepted or received a contribution in violation of 38
subsection 2 if the candidate, person, group, committee, political 39
party, organization or nonprofit corporation requests and obtains 40
from the source of the contribution a copy of current and valid 41
United States passport papers. This subsection does not apply to any 42
candidate, person, group, committee, political party, organization or 43
nonprofit corporation if the candidate, person, group, committee, 44
political party, organization or nonprofit corporation has actual 45
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knowledge that the source of the contribution solicited, accepted or 1
received is a foreign national. 2
4. If a candidate, person, group, committee, political party, 3
organization or nonprofit corporation discovers that the candidate, 4
person, group, committee, political party, organization or nonprofit 5
corporation received a contribution in violation of this section, the 6
candidate, person, group, committee, political party, organization or 7
nonprofit corporation shall, if at the time of discovery of the 8
violation: 9
(a) Sufficient money received as contributions is available, 10
return the contribution received in violation of this section not later 11
than 30 days after such discovery. 12
(b) Except as otherwise provided in paragraph (c), sufficient 13
money received as contributions is not available, return the 14
contribution received in violation of this section as contributions 15
become available for this purpose. 16
(c) Sufficient money received as contributions is not available 17
and contributions are no longer being solicited or accepted, not be 18
required to return any amount of the contribution received in 19
violation of this section that exceeds the amount of contributions 20
available for this purpose. 21
5. A violation of any provision of this section is a gross 22
misdemeanor. 23
6. As used in this section: 24
(a) “Foreign national” has the meaning ascribed to it in [2 25
U.S.C. § 441e.] 52 U.S.C. § 30121. 26
(b) “Knowingly” means that a candidate, person, group, 27
committee, political party, organization or nonprofit corporation: 28
(1) Has actual knowledge that the source of the contribution 29
solicited, accepted or received is a foreign national; 30
(2) Is aware of facts which would lead a reasonable person to 31
conclude that there is a substantial probability that the source of the 32
contribution solicited, accepted or received is a foreign national; or 33
(3) Is aware of facts which would lead a reasonable person to 34
inquire whether the source of the contribution solicited, accepted or 35
received is a foreign national, but failed to conduct a reasonable 36
inquiry. 37
Sec. 9. NRS 294A.350 is hereby amended to read as follows: 38
294A.350 1. Except as otherwise provided in subsection 2, 39
every candidate for office shall file the reports required by NRS 40
294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 41
294A.362, and section 6 of this act, even though the candidate: 42
(a) Withdraws his or her candidacy pursuant to NRS 293.202 or 43
293C.195; 44
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(b) Ends his or her campaign without withdrawing his or her 1
candidacy pursuant to NRS 293.202 or 293C.195; 2
(c) Receives no contributions; 3
(d) Has no campaign expenses; 4
(e) Is not opposed in the election by another candidate; 5
(f) Is defeated in the primary election; 6
(g) Is removed from the ballot by court order; or 7
(h) Is the subject of a petition to recall and the special election is 8
not held. 9
2. A candidate described in paragraph (a), (b), (f) or (g) of 10
subsection 1 may simultaneously file all the reports required by 11
NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 12
294A.362 and section 6 of this act that are due after the candidate 13
disposes of any unspent or excess contributions as provided in NRS 14
294A.117 or subsections 4, 5 and 6 of NRS 294A.160, as 15
applicable, if the candidate gives written notice to the Secretary of 16
State, on the form prescribed by the Secretary of State, that the 17
candidate is ending his or her campaign and will not accept any 18
additional contributions. If the candidate has submitted a withdrawal 19
of candidacy pursuant to NRS 293.202 or 293C.195 to an officer 20
other than the Secretary of State, the candidate must enclose with 21
the notice a copy of the withdrawal of candidacy. A form submitted 22
to the Secretary of State pursuant to this subsection must be signed 23
by the candidate under an oath to God or penalty of perjury. A 24
candidate who signs the form under an oath to God is subject to the 25
same penalties as if the candidate had signed the form under penalty 26
of perjury. 27
3. A candidate described in paragraph (b) of subsection 1 who 28
simultaneously files reports pursuant to subsection 2 but is elected 29
to office despite ending his or her campaign is subject to the 30
reporting requirements set forth in NRS 294A.120, 294A.125, 31
294A.128, 294A.200, 294A.286 and 294A.362, and section 6 of 32
this act, beginning with the next report that is due pursuant to those 33
sections after his or her election to office. 34
Sec. 10. NRS 294A.362 is hereby amended to read as follows: 35
294A.362 1. In addition to reporting information pursuant to 36
NRS 294A.120, 294A.125, 294A.128 and 294A.200, and section 6 37
of this act, each candidate who is required to file a report pursuant 38
to NRS 294A.120, 294A.125, 294A.128 or 294A.200 or section 6 39
of this act shall report on the form designed and made available by 40
the Secretary of State pursuant to NRS 294A.373 goods and services 41
provided in kind for which money would otherwise have been paid. 42
The candidate shall list on the form: 43
(a) Each such contribution in excess of $100 received during the 44
reporting period; 45
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(b) Each such contribution from a contributor received during 1
the reporting period which cumulatively exceeds $100; 2
(c) Each such campaign expense in excess of $100 incurred 3
during the reporting period; 4
(d) The total of all such contributions received during the 5
reporting period which are $100 or less and which are not otherwise 6
required to be reported pursuant to paragraph (b); and 7
(e) The total of all such campaign expenses incurred during the 8
reporting period which are $100 or less. 9
2. The Secretary of State shall not require a candidate to list the 10
contributions and campaign expenses described in this section on 11
any form other than the form designed and made available by the 12
Secretary of State pursuant to NRS 294A.373. 13
3. Except as otherwise provided in NRS 294A.3733, the report 14
required by subsection 1 must be filed in the same manner and at the 15
same time as the report filed pursuant to NRS 294A.120, 294A.125, 16
294A.128 or 294A.200 [.] or section 6 of this act. 17
Sec. 11. NRS 294A.390 is hereby amended to read as follows: 18
294A.390 The officer from whom a candidate or entity 19
requests a form for: 20
1. A declaration of candidacy; 21
2. The registration of a nonprofit corporation pursuant to NRS 22
294A.225, a committee for political action pursuant to NRS 23
294A.230 or a committee for the recall of a public officer pursuant 24
to NRS 294A.250; or 25
3. The reporting of the creation of a legal defense fund 26
pursuant to NRS 294A.286, 27
shall furnish the candidate or entity with the necessary forms for 28
reporting and copies of the regulations adopted by the Secretary of 29
State pursuant to this chapter. An explanation of the applicable 30
provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 31
294A.150, 294A.200, 294A.210, 294A.220, 294A.270 or 294A.280 32
or sections 5 and 6 of this act relating to the making, accepting or 33
reporting of contributions, campaign expenses or expenditures and 34
the penalties for a violation of those provisions as set forth in NRS 35
294A.100 or 294A.420, and an explanation of NRS 294A.286 and 36
294A.287 relating to the accepting or reporting of contributions 37
received by and expenditures made from a legal defense fund and 38
the penalties for a violation of those provisions as set forth in NRS 39
294A.287 and 294A.420, must be developed by the Secretary of 40
State and provided upon request. The candidate or entity shall 41
acknowledge receipt of the material. 42
Sec. 12. NRS 294A.420 is hereby amended to read as follows: 43
294A.420 1. If the Secretary of State receives information 44
that a candidate, person, organization, committee, political party or 45
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nonprofit corporation that is subject to the provisions of NRS 1
294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 2
294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286 3
or sections 5 and 6 of this act has not filed a report or form for 4
registration pursuant to the applicable provisions of those sections, 5
the Secretary of State may, after giving notice to that candidate, 6
person, organization, committee, political party or nonprofit 7
corporation, cause the appropriate proceedings to be instituted in the 8
First Judicial District Court. 9
2. Except as otherwise provided in this section, a candidate, 10
person, organization, committee, political party or nonprofit 11
corporation that violates an applicable provision of this chapter is 12
subject to a civil penalty of not more than $10,000 for each violation 13
and payment of court costs and attorney’s fees. The civil penalty 14
must be recovered in a civil action brought in the name of the State 15
of Nevada by the Secretary of State in the First Judicial District 16
Court and deposited by the Secretary of State for credit to the State 17
General Fund in the bank designated by the State Treasurer. 18
3. If a civil penalty is imposed because a candidate, person, 19
organization, committee, political party or nonprofit corporation has 20
reported its contributions, campaign expenses, independent 21
expenditures or other expenditures after the date the report is due, 22
except as otherwise provided in this subsection, the amount of the 23
civil penalty is: 24
(a) If the report is not more than 7 days late, $25 for each day 25
the report is late. 26
(b) If the report is more than 7 days late but not more than 15 27
days late, $50 for each day the report is late. 28
(c) If the report is more than 15 days late, $100 for each day the 29
report is late. 30
A civil penalty imposed pursuant to this subsection against a 31
public officer who by law is not entitled to receive compensation for 32
his or her office or a candidate for such an office must not exceed a 33
total of $100 if the public officer or candidate received no 34
contributions and made no expenditures during the relevant 35
reporting periods. 36
4. For good cause shown, the Secretary of State may waive a 37
civil penalty that would otherwise be imposed pursuant to this 38
section. 39
5. When considering whether to waive, pursuant to subsection 40
4, a civil penalty that would otherwise be imposed pursuant to 41
subsection 3, the Secretary of State may consider, without 42
limitation: 43
(a) The seriousness of the violation, including, without 44
limitation, the nature, circumstances and extent of the violation; 45
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(b) Any history of violations committed by the candidate, 1
person, organization, committee, political party or nonprofit 2
corporation against whom the civil penalty would otherwise be 3
imposed; 4
(c) Any mitigating factor, including, without limitation, whether 5
the candidate, person, organization, committee, political party or 6
nonprofit corporation against whom the civil penalty would 7
otherwise be imposed reported the violation, corrected the violation 8
in a timely manner, attempted to correct the violation or cooperated 9
with the Secretary of State in resolving the situation that led to the 10
violation; 11
(d) Whether the violation was inadvertent; 12
(e) Any knowledge or experience the candidate, person, 13
organization, committee, political party or nonprofit corporation has 14
with the provisions of this chapter; and 15
(f) Any other factor that the Secretary of State deems to be 16
relevant. 17
6. If the Secretary of State waives a civil penalty pursuant to 18
subsection 4, the Secretary of State shall: 19
(a) Create a record which sets forth that the civil penalty has 20
been waived and describes the circumstances that constitute the 21
good cause shown; and 22
(b) Ensure that the record created pursuant to paragraph (a) is 23
available for review by the general public. 24
7. The remedies and penalties provided by this chapter are 25
cumulative, do not abrogate and are in addition to any other 26
remedies and penalties that may exist at law or in equity, including, 27
without limitation, any criminal penalty that may be imposed 28
pursuant to this chapter or NRS 199.120, 199.145 or 239.330. 29
H