N.R.S. 294A.115 - Limit on amount that may be committed or contributed to or accepted by candidate in special election to recall public officer during certain period; penalty
Statute
1. A person shall not make or commit to make a contribution or contributions to a candidate in a special election to recall a public officer, in an amount which exceeds $5,000, regardless of the number of candidates for the office.
2. No contribution to a candidate in a recall election may be given or received except during the period:
(a) Beginning on the date that a notice of intent to recall a public officer is filed pursuant to NRS 306.015; and
(b) Ending on the latest of the following dates:
(1) If a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, on the date that the notice of intent expires or the petition is determined to be legally insufficient, as applicable.
(2) If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition is legally:
(I) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, on the date on which all appeals regarding the petition are exhausted.
(II) Insufficient pursuant to chapter 306 of NRS, on the date on which the period to appeal the order of the district court expires or, if the order of the district court is appealed, on the date on which all appeals regarding the petition are exhausted.
(3) If a recall election is held, on the date of the special election to recall a public officer.
3. No contribution made, committed to be made or accepted pursuant to this section for a special election to recall a public officer affects the limitations on the amount of contributions that may be committed, contributed or accepted pursuant to NRS 294A.100 for a primary election or general election.
4. A candidate shall not accept a contribution or commitment to make a contribution made in violation of this section.
5. A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added by Laws 2019, c. 288, § 6, eff. June 1, 2019.)
1. Definition for Contribution
1. “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:
(1) Candidate;
(2) Person who makes an independent expenditure; or
(3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure for or against a candidate or group of candidates, without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services provided to a campaign.
See Nev. Rev. Stat. § 294A.007.
2. Definition for Filing officer
The Secretary of State, county or city clerk or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.
See Nev. Rev. Stat. § 293.057.
3. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
4. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
5. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
6. Definition for Candidate
Any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.