(Reprinted with amendments adopted on June 5, 2023)
THIRD REPRINT S.B. 60
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SENATE BILL NO. 60–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
(ON BEHALF OF THE SECRETARY OF STATE)
PREFILED NOVEMBER 16, 2022
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to campaign practices.
(BDR 24-412)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
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 elections; 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
form making a contribution or commitment to make a
contribution to an inaugural committee; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires certain persons who make independent expenditures and 1
certain committees for political action, political parties and committees sponsored 2
by a political party which receives certain contributions or makes certain 3
expenditures to report such contributions and expenditures. (NRS 294A.140, 4
294A.150, 294A.210, 294A.220, 294A.230) Section 24 of this bill requires an 5
inaugural committee to report certain contributions and expenditures. 6
Section 23 of this bill defines the term “inaugural committee.” 7
Existing law requires a candidate for office at a primary election or general 8
election to report certain contributions made during the election year. (NRS 9
294A.120) Section 25 of this bill requires a candidate who has been elected to a 10
constitutional office to report certain contributions and expenditures in relation to 11
the transition to the constitutional office. 12
Section 22 of this bill defines the terms “constitutional office” and 13
“constitutional officer.” 14
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Section 26 of this bill makes a conforming change to indicate the proper 15
placement of sections 22 and 23 in the Nevada Revised Statutes. 16
Section 27 of this bill prohibits a foreign national from making a contribution 17
or a commitment to make a contribution to an inaugural committee. 18
Sections 28-31 of this bill make conforming changes to incorporate the 19
requirements of sections 24 and 25 into existing law governing campaign 20
practices. 21
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 1.5. (Deleted by amendment.) 2
Sec. 1.7. (Deleted by amendment.) 3
Sec. 1.8. (Deleted by amendment.) 4
Sec. 2. (Deleted by amendment.) 5
Sec. 3. (Deleted by amendment.) 6
Sec. 3.5. (Deleted by amendment.) 7
Sec. 4. (Deleted by amendment.) 8
Sec. 5. (Deleted by amendment.) 9
Sec. 6. (Deleted by amendment.) 10
Sec. 6.1. (Deleted by amendment.) 11
Sec. 6.15. (Deleted by amendment.) 12
Sec. 6.2. (Deleted by amendment.) 13
Sec. 6.23. (Deleted by amendment.) 14
Sec. 6.24. (Deleted by amendment.) 15
Sec. 6.25. (Deleted by amendment.) 16
Sec. 6.3. (Deleted by amendment.) 17
Sec. 6.35. (Deleted by amendment.) 18
Sec. 6.4. (Deleted by amendment.) 19
Sec. 6.43. (Deleted by amendment.) 20
Sec. 6.47. (Deleted by amendment.) 21
Sec. 6.5. (Deleted by amendment.) 22
Sec. 6.55. (Deleted by amendment.) 23
Sec. 6.6. (Deleted by amendment.) 24
Sec. 6.65. (Deleted by amendment.) 25
Sec. 6.7. (Deleted by amendment.) 26
Sec. 6.75. (Deleted by amendment.) 27
Sec. 6.8. (Deleted by amendment.) 28
Sec. 6.9. (Deleted by amendment.) 29
Sec. 7. (Deleted by amendment.) 30
Sec. 7.3. (Deleted by amendment.) 31
Sec. 7.6. (Deleted by amendment.) 32
Sec. 8. (Deleted by amendment.) 33
Sec. 9. (Deleted by amendment.) 34
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Sec. 9.2. (Deleted by amendment.) 1
Sec. 9.6. (Deleted by amendment.) 2
Sec. 9.8. (Deleted by amendment.) 3
Sec. 10. (Deleted by amendment.) 4
Sec. 10.2. (Deleted by amendment.) 5
Sec. 10.4. (Deleted by amendment.) 6
Sec. 10.5. (Deleted by amendment.) 7
Sec. 11. (Deleted by amendment.) 8
Sec. 11.3. (Deleted by amendment.) 9
Sec. 11.7. (Deleted by amendment.) 10
Sec. 12. (Deleted by amendment.) 11
Sec. 13. (Deleted by amendment.) 12
Sec. 14. (Deleted by amendment.) 13
Sec. 15. (Deleted by amendment.) 14
Sec. 16. (Deleted by amendment.) 15
Sec. 17. (Deleted by amendment.) 16
Sec. 17.3 (Deleted by amendment.) 17
Sec. 17.7 (Deleted by amendment.) 18
Sec. 18. (Deleted by amendment.) 19
Sec. 19. (Deleted by amendment.) 20
Sec. 20. (Deleted by amendment.) 21
Sec. 21. Chapter 294A of NRS is hereby amended by adding 22
thereto the provisions set forth as sections 22 to 25, inclusive, of this 23
act. 24
Sec. 22. “Constitutional office” or “constitutional officer” 25
means: 26
1. The Governor; 27
2. The Lieutenant Governor; 28
3. The Secretary of State; 29
4. The State Treasurer; 30
5. The State Controller; and 31
6. The Attorney General. 32
Sec. 23. “Inaugural committee” means any organization, 33
person or group of persons that anticipates receiving contributions 34
or making expenditures for the inauguration of a constitutional 35
officer. 36
Sec. 24. 1. An inaugural committee shall report for each 37
period required pursuant to subsection 2: 38
(a) Each contribution received relating to the inauguration in 39
excess of $1,000; 40
(b) Contributions received during the period relating to the 41
inauguration from a contributor which cumulatively exceed 42
$1,000; 43
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(c) The total number of all contributions received during the 1
period relating to the inauguration which are not otherwise 2
required to be reported pursuant to paragraph (b); 3
(d) Each expenditure relating to the inauguration made during 4
the period in excess of $1,000; and 5
(e) Expenditures made relating to the inauguration during the 6
period to one recipient which cumulatively exceed $1,000. 7
2. The report required pursuant to subsection 1 must be filed: 8
(a) Not later than the date that is the 90th day following the 9
first day of the regular session of the Legislature that is 10
immediately following the inauguration of the constitutional 11
officer, for the period beginning on the date of the organization of 12
the committee and ending on the 75th day of such regular session; 13
(b) Not later than 15 days after the end of such regular 14
session, for the period of the following year, for the period 15
beginning on the 76th day of such regular session and ending on 16
the last day of such regular session; and 17
(c) Not later than January 15, for the period beginning on 18
January 1 of any year other than the year immediately following 19
the year of the general election and ending on December 31 of the 20
previous year. 21
3. An inaugural committee that disbands shall: 22
(a) Notify the Secretary of State; and 23
(b) File a final report that sets forth: 24
(1) Each contribution and expenditure required to be 25
reported pursuant to subsection 1 that has not previously been 26
reported; and 27
(2) The disposition of any contributions made to the 28
inaugural committee that are not spent or committed for 29
expenditure by the inaugural committee. 30
Nothing in this subsection requires an inaugural committee to 31
report information that has previously been reported in a timely 32
manner pursuant to this section. 33
4. An inaugural committee is not subject to the provisions of 34
NRS 294A.100 or 294A.300. 35
5. Except as otherwise provided in NRS 294A.3737, the 36
reports required by this section must be filed electronically with 37
the Secretary of State. 38
6. A report filed pursuant to this section shall be deemed to be 39
filed on the date that it was received by the Secretary of State. 40
Every inaugural committee shall file a report as required by this 41
section even if the committee receives no contributions. 42
Sec. 25. 1. A candidate for a constitutional office who is 43
elected shall report, not later than the 90th day following the first 44
day of the regular session of the Legislature that is immediately 45
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following the inauguration of the constitutional officer, for the 1
period beginning on the day following the general election and 2
ending on the day immediately preceding the beginning of the 3
period set forth in NRS 294A.300: 4
(a) Each contribution in excess of $100 received in relation to 5
the transition to holding the office constitutional during the 6
period; 7
(b) Contributions received in relation to the transition to 8
holding the constitutional office during the period from a 9
contributor which cumulatively exceed $100; 10
(c) The total of all contributions received in relation to the 11
transition to holding the constitutional office during the period 12
which are $100 or less and which are not otherwise required to be 13
reported pursuant to paragraph (b); 14
(d) The balance in the account maintained by the candidate 15
pursuant to NRS 294A.130 on the ending date of the period; and 16
(e) Goods and services provided in kind in relation to the 17
transition to holding the constitutional office and for which money 18
would have otherwise been paid. 19
2. Nothing in this section requires the candidate to report 20
information that has previously been reported in a timely manner 21
pursuant to this chapter. 22
3. Except as otherwise provided in NRS 294A.3733, the 23
reports required by this section must be filed electronically with 24
the Secretary of State. 25
4. A report filed pursuant to this section shall be deemed to be 26
filed on the date that it was received by the Secretary of State. 27
Sec. 26. NRS 294A.002 is hereby amended to read as follows: 28
294A.002 As used in this chapter, unless the context otherwise 29
requires, the words and terms defined in NRS 294A.0025 to 30
294A.014, inclusive, and sections 22 and 23 of this act have the 31
meanings ascribed to them in those sections. 32
Sec. 27. NRS 294A.325 is hereby amended to read as follows: 33
294A.325 1. A foreign national shall not, directly or 34
indirectly, make a contribution or a commitment to make a 35
contribution to: 36
(a) A candidate; 37
(b) A committee for political action; 38
(c) A committee for the recall of a public officer; 39
(d) A person who makes an independent expenditure; 40
(e) A political party or committee sponsored by a political party 41
that makes an expenditure for or against a candidate or group of 42
candidates; 43
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(f) An organization made up of legislative members of a 1
political party whose primary purpose is to provide support for their 2
political efforts; 3
(g) A personal campaign committee or the personal 4
representative of a candidate who receives contributions or makes 5
expenditures that are reported as contributions or expenditures by 6
the candidate; [or] 7
(h) A nonprofit corporation that is registered or required to be 8
registered pursuant to NRS 294A.225 [.] ; or 9
(i) An inaugural committee. 10
2. Except as otherwise provided in subsection 3, a candidate, 11
person, group, committee, political party, organization or nonprofit 12
corporation described in subsection 1 shall not knowingly solicit, 13
accept or receive a contribution or a commitment to make a 14
contribution from a foreign national. 15
3. For the purposes of subsection 2, if a candidate, person, 16
group, committee, political party, organization or nonprofit 17
corporation is aware of facts that would lead a reasonable person to 18
inquire whether the source of a contribution is a foreign national, the 19
candidate, person, group, committee, political party, organization or 20
nonprofit corporation shall be deemed to have not knowingly 21
solicited, accepted or received a contribution in violation of 22
subsection 2 if the candidate, person, group, committee, political 23
party, organization or nonprofit corporation requests and obtains 24
from the source of the contribution a copy of current and valid 25
United States passport papers. This subsection does not apply to any 26
candidate, person, group, committee, political party, organization or 27
nonprofit corporation if the candidate, person, group, committee, 28
political party, organization or nonprofit corporation has actual 29
knowledge that the source of the contribution solicited, accepted or 30
received is a foreign national. 31
4. If a candidate, person, group, committee, political party, 32
organization or nonprofit corporation discovers that the candidate, 33
person, group, committee, political party, organization or nonprofit 34
corporation received a contribution in violation of this section, the 35
candidate, person, group, committee, political party, organization or 36
nonprofit corporation shall, if at the time of discovery of the 37
violation: 38
(a) Sufficient money received as contributions is available, 39
return the contribution received in violation of this section not later 40
than 30 days after such discovery. 41
(b) Except as otherwise provided in paragraph (c), sufficient 42
money received as contributions is not available, return the 43
contribution received in violation of this section as contributions 44
become available for this purpose. 45
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(c) Sufficient money received as contributions is not available 1
and contributions are no longer being solicited or accepted, not be 2
required to return any amount of the contribution received in 3
violation of this section that exceeds the amount of contributions 4
available for this purpose. 5
5. A violation of any provision of this section is a gross 6
misdemeanor. 7
6. As used in this section: 8
(a) “Foreign national” has the meaning ascribed to it in [2 9
U.S.C. § 441e.] 52 U.S.C. § 30121. 10
(b) “Knowingly” means that a candidate, person, group, 11
committee, political party, organization or nonprofit corporation: 12
(1) Has actual knowledge that the source of the contribution 13
solicited, accepted or received is a foreign national; 14
(2) Is aware of facts which would lead a reasonable person to 15
conclude that there is a substantial probability that the source of the 16
contribution solicited, accepted or received is a foreign national; or 17
(3) Is aware of facts which would lead a reasonable person to 18
inquire whether the source of the contribution solicited, accepted or 19
received is a foreign national, but failed to conduct a reasonable 20
inquiry. 21
Sec. 28. NRS 294A.350 is hereby amended to read as follows: 22
294A.350 1. Except as otherwise provided in subsection 2, 23
every candidate for office shall file the reports required by NRS 24
294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 25
294A.362, and section 25 of this act, even though the candidate: 26
(a) Withdraws his or her candidacy pursuant to NRS 293.202 or 27
293C.195; 28
(b) Ends his or her campaign without withdrawing his or her 29
candidacy pursuant to NRS 293.202 or 293C.195; 30
(c) Receives no contributions; 31
(d) Has no campaign expenses; 32
(e) Is not opposed in the election by another candidate; 33
(f) Is defeated in the primary election; 34
(g) Is removed from the ballot by court order; or 35
(h) Is the subject of a petition to recall and the special election is 36
not held. 37
2. A candidate described in paragraph (a), (b), (f) or (g) of 38
subsection 1 may simultaneously file all the reports required by 39
NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 40
294A.362 and section 25 of this act that are due after the candidate 41
disposes of any unspent or excess contributions as provided in NRS 42
294A.117 or subsections 4, 5 and 6 of NRS 294A.160, as 43
applicable, if the candidate gives written notice to the Secretary of 44
State, on the form prescribed by the Secretary of State, that the 45
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candidate is ending his or her campaign and will not accept any 1
additional contributions. If the candidate has submitted a withdrawal 2
of candidacy pursuant to NRS 293.202 or 293C.195 to an officer 3
other than the Secretary of State, the candidate must enclose with 4
the notice a copy of the withdrawal of candidacy. A form submitted 5
to the Secretary of State pursuant to this subsection must be signed 6
by the candidate under an oath to God or penalty of perjury. A 7
candidate who signs the form under an oath to God is subject to the 8
same penalties as if the candidate had signed the form under penalty 9
of perjury. 10
3. A candidate described in paragraph (b) of subsection 1 who 11
simultaneously files reports pursuant to subsection 2 but is elected 12
to office despite ending his or her campaign is subject to the 13
reporting requirements set forth in NRS 294A.120, 294A.125, 14
294A.128, 294A.200, 294A.286 and 294A.362, and section 25 of 15
this act, beginning with the next report that is due pursuant to those 16
sections after his or her election to office. 17
Sec. 29. NRS 294A.362 is hereby amended to read as follows: 18
294A.362 1. In addition to reporting information pursuant to 19
NRS 294A.120, 294A.125, 294A.128 and 294A.200, and section 25 20
of this act, each candidate who is required to file a report pursuant 21
to NRS 294A.120, 294A.125, 294A.128 or 294A.200 and section 22
25 of this act shall report on the form designed and made available 23
by the Secretary of State pursuant to NRS 294A.373 goods and 24
services provided in kind for which money would otherwise have 25
been paid. The candidate shall list on the form: 26
(a) Each such contribution in excess of $100 received during the 27
reporting period; 28
(b) Each such contribution from a contributor received during 29
the reporting period which cumulatively exceeds $100; 30
(c) Each such campaign expense in excess of $100 incurred 31
during the reporting period; 32
(d) The total of all such contributions received during the 33
reporting period which are $100 or less and which are not otherwise 34
required to be reported pursuant to paragraph (b); and 35
(e) The total of all such campaign expenses incurred during the 36
reporting period which are $100 or less. 37
2. The Secretary of State shall not require a candidate to list the 38
contributions and campaign expenses described in this section on 39
any form other than the form designed and made available by the 40
Secretary of State pursuant to NRS 294A.373. 41
3. Except as otherwise provided in NRS 294A.3733, the report 42
required by subsection 1 must be filed in the same manner and at the 43
same time as the report filed pursuant to NRS 294A.120, 294A.125, 44
294A.128 or 294A.200 [.] or section 25 of this act. 45
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Sec. 30. NRS 294A.390 is hereby amended to read as follows: 1
294A.390 The officer from whom a candidate or entity 2
requests a form for: 3
1. A declaration of candidacy; 4
2. The registration of a nonprofit corporation pursuant to NRS 5
294A.225, a committee for political action pursuant to NRS 6
294A.230 or a committee for the recall of a public officer pursuant 7
to NRS 294A.250; or 8
3. The reporting of the creation of a legal defense fund 9
pursuant to NRS 294A.286, 10
shall furnish the candidate or entity with the necessary forms for 11
reporting and copies of the regulations adopted by the Secretary of 12
State pursuant to this chapter. An explanation of the applicable 13
provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 14
294A.150, 294A.200, 294A.210, 294A.220, 294A.270 or 294A.280 15
or section 24 and 25 of this act relating to the making, accepting or 16
reporting of contributions, campaign expenses or expenditures and 17
the penalties for a violation of those provisions as set forth in NRS 18
294A.100 or 294A.420, and an explanation of NRS 294A.286 and 19
294A.287 relating to the accepting or reporting of contributions 20
received by and expenditures made from a legal defense fund and 21
the penalties for a violation of those provisions as set forth in NRS 22
294A.287 and 294A.420, must be developed by the Secretary of 23
State and provided upon request. The candidate or entity shall 24
acknowledge receipt of the material. 25
Sec. 31. NRS 294A.420 is hereby amended to read as follows: 26
294A.420 1. If the Secretary of State receives information 27
that a candidate, person, organization, committee, political party or 28
nonprofit corporation that is subject to the provisions of NRS 29
294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 30
294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286 31
or section 24 and 25 of this act has not filed a report or form for 32
registration pursuant to the applicable provisions of those sections, 33
the Secretary of State may, after giving notice to that candidate, 34
person, organization, committee, political party or nonprofit 35
corporation, cause the appropriate proceedings to be instituted in the 36
First Judicial District Court. 37
2. Except as otherwise provided in this section, a candidate, 38
person, organization, committee, political party or nonprofit 39
corporation that violates an applicable provision of this chapter is 40
subject to a civil penalty of not more than $10,000 for each violation 41
and payment of court costs and attorney’s fees. The civil penalty 42
must be recovered in a civil action brought in the name of the State 43
of Nevada by the Secretary of State in the First Judicial District 44
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Court and deposited by the Secretary of State for credit to the State 1
General Fund in the bank designated by the State Treasurer. 2
3. If a civil penalty is imposed because a candidate, person, 3
organization, committee, political party or nonprofit corporation has 4
reported its contributions, campaign expenses, independent 5
expenditures or other expenditures after the date the report is due, 6
except as otherwise provided in this subsection, the amount of the 7
civil penalty is: 8
(a) If the report is not more than 7 days late, $25 for each day 9
the report is late. 10
(b) If the report is more than 7 days late but not more than 15 11
days late, $50 for each day the report is late. 12
(c) If the report is more than 15 days late, $100 for each day the 13
report is late. 14
A civil penalty imposed pursuant to this subsection against a 15
public officer who by law is not entitled to receive compensation for 16
his or her office or a candidate for such an office must not exceed a 17
total of $100 if the public officer or candidate received no 18
contributions and made no expenditures during the relevant 19
reporting periods. 20
4. For good cause shown, the Secretary of State may waive a 21
civil penalty that would otherwise be imposed pursuant to this 22
section. 23
5. When considering whether to waive, pursuant to subsection 24
4, a civil penalty that would otherwise be imposed pursuant to 25
subsection 3, the Secretary of State may consider, without 26
limitation: 27
(a) The seriousness of the violation, including, without 28
limitation, the nature, circumstances and extent of the violation; 29
(b) Any history of violations committed by the candidate, 30
person, organization, committee, political party or nonprofit 31
corporation against whom the civil penalty would otherwise be 32
imposed; 33
(c) Any mitigating factor, including, without limitation, whether 34
the candidate, person, organization, committee, political party or 35
nonprofit corporation against whom the civil penalty would 36
otherwise be imposed reported the violation, corrected the violation 37
in a timely manner, attempted to correct the violation or cooperated 38
with the Secretary of State in resolving the situation that led to the 39
violation; 40
(d) Whether the violation was inadvertent; 41
(e) Any knowledge or experience the candidate, person, 42
organization, committee, political party or nonprofit corporation has 43
with the provisions of this chapter; and 44
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(f) Any other factor that the Secretary of State deems to be 1
relevant. 2
6. If the Secretary of State waives a civil penalty pursuant to 3
subsection 4, the Secretary of State shall: 4
(a) Create a record which sets forth that the civil penalty has 5
been waived and describes the circumstances that constitute the 6
good cause shown; and 7
(b) Ensure that the record created pursuant to paragraph (a) is 8
available for review by the general public. 9
7. The remedies and penalties provided by this chapter are 10
cumulative, do not abrogate and are in addition to any other 11
remedies and penalties that may exist at law or in equity, including, 12
without limitation, any criminal penalty that may be imposed 13
pursuant to this chapter or NRS 199.120, 199.145 or 239.330. 14
Sec. 32. 1. On or before October 1, 2023, any inaugural 15
committee that was formed in relation to a candidate for a 16
constitutional office, as defined in section 22 of this act, at the 2022 17
General Election shall, for the period beginning on the day that the 18
inaugural committee was formed and ending on the last day of 19
the 82nd Regular Session of the Nevada Legislature, report to the 20
Secretary of State: 21
(a) Each contribution received in relation to the inauguration in 22
excess of $1,000; 23
(b) Contributions received in relation to the inauguration during 24
the period from a contributor which cumulatively exceed $1,000; 25
(c) The total number of all contributions received in relation to 26
the inauguration during the period which are not otherwise required 27
to be reported pursuant to paragraph (b); 28
(d) Each expenditure made in relation to the inauguration during 29
the period in excess of $1,000; and 30
(e) Expenditures made during the period in relation to the 31
inauguration to one recipient which cumulatively exceed $1,000. 32
2. Nothing in this section requires an inaugural committee to 33
report information that has previously been reported in a timely 34
manner pursuant to the provisions of chapter 294A of NRS. 35
3. As used in this section, “inaugural committee” has the 36
meaning ascribed to it in section 23 of this act. 37
Sec. 33. 1. On or before October 1, 2023, for the period 38
beginning on the day following the 2022 General Election and 39
ending on the day of the 2023 Inauguration, each constitutional 40
officer shall report to the Secretary of State: 41
(a) Each contribution in excess of $100 received in relation to 42
the transition to holding the constitutional office during the period; 43
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(b) Contributions received during the period in relation to the 1
transition to holding the constitutional office from a contributor 2
which cumulatively exceed $100; 3
(c) The total of all contributions received during the period in 4
relation to the transition to holding the constitutional office which 5
are $100 or less and which are not otherwise required to be reported 6
pursuant to paragraph (b); and 7
(d) Goods and services provided in kind in relation to the 8
transition to holding the constitutional office and for which money 9
would have otherwise been paid. 10
2. Nothing in this section requires a constitutional officer to 11
report information that has previously been reported in a timely 12
manner pursuant to chapter 294A of NRS. 13
3. As used in this section, “constitutional office” or 14
“constitutional officer” have the meaning ascribed to those terms in 15
section 22 of this act. 16
Sec. 34. This act becomes effective upon passage and 17
approval. 18
H