N.R.S. 294A.220 - Committee for political action advocating passage or defeat of question on ballot required to report expenditures made in reporting periods; procedure for reporting; contents of reports
Overview of Statute
This section requires ballot advocates to set up a committee for political action.
Statute
1. Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election or general election shall, not later than January 15 of the election year, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000.
2. In addition to the requirements set forth in subsection 1, the committee for political action shall, not later than:
(a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;
(b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;
(c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and
(d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,
report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000.
3. Except as otherwise provided in NRS 294A.223, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the question qualified for the ballot through 5 days before the beginning of early voting by personal appearance for the special election;
(b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and
(c) Thirty days after the special election, for the remaining period through the date of the special election,
report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000.
4. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
5. The provisions of this section apply to a committee for political action even if the question or group of questions that the committee for political action advocates the passage or defeat of is removed from the ballot by a court order or otherwise does not appear on the ballot at a primary, general or special election.
6. Except as otherwise provided in NRS 294A.3737, reports required pursuant to this section must be filed electronically with the Secretary of State.
7. If an expenditure is made for or against a group of questions, the reports must be itemized by question or petition.
8. A report shall be deemed to be filed on the date that it was received by the Secretary of State.
(Added to NRS by 1991, 1390; A 1997, 248; 1999, 2558; 2003, 3010; 2005, 2834; 2007, 975, 1248, 2537; 2011, 1714, 1847, 2113, 3297; 2013, 1351, 2399; 2017, 3367, effective January 1, 2019)
1. Definition for Expenditures
1. Money paid for advertising or communication on television, radio, billboards or posters, in newspapers or other periodicals or by mail; and
2. All other money paid, to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.
See Nev. Rev. Stat. § 294A.0075.
2. Definition for Election year
“Election year” means, with regard to a:
1. Candidate, the calendar year in which the primary election and general election are held for the public office for which the candidate is seeking election or intends to seek election.
2. Question on the ballot, the calendar year in which the election is held for the question.
See Nev. Rev. Stat. § 294A.0074.
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 Committee for political action
1. “Committee for political action” means:
(a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
(1) Makes or intends to make contributions to candidates or other persons; or
(2) Makes or intends to make expenditures,
Ê designed to affect the outcome of any primary election, general election, special election or question on the ballot.
(b) Any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union:
(1) Which has as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or
(2) Which does not have as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes independent expenditures in excess of $5,000 in a calendar year.
2. “Committee for political action” does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
(c) An individual natural person.
(d) Except as otherwise provided in paragraph (b) of subsection 1, an individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) Except as otherwise provided in paragraph (b) of subsection 1, a labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(h) A major or minor political party or any committee sponsored by a major or minor political party.
See Nev. Rev. Stat. § 294A.0055.
6. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
7. Definition for Ballot
The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.
See Nev. Rev. Stat. § 293.025.
8. 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.
Cases
Nevada Cases
Case Name: Heller v. Give Nevada A Raise, Inc.
Citation: 120 Nev. 481, 96 P.3d 732
Year: 2004
Case URL: https://www.ravellaw.com/opinions/98f2848c2f5e2db7d92fc946d5da2c7c?query=96%20P.[...]
Case Summary:
- Requirement that an initiative petition be accompanied by a signatory's affidavit violates freedom of speech.