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Nevada > Statutes > Required and Prohibited Practices

N.R.S. 294A.325 - Contributions or commitments to make contributions by foreign nationals prohibited; knowing solicitation, acceptance or receipt of such contributions or commitments prohibited; disposition of contributions received in violation of prohibition; penalty

Overview of Statute

This section prohibits contributions or commitments from foreign nationals.

Statute

      1.  A foreign national shall not, directly or indirectly, make a contribution or a commitment to make a contribution to:

      (a) A candidate;

      (b) A committee for political action;

      (c) A committee for the recall of a public officer;

      (d) A person who makes an independent expenditure;

      (e) A political party or committee sponsored by a political party that makes an expenditure for or against a candidate or group of candidates;

      (f) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts;

      (g) 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; or

      (h) A nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225.

      2.  Except as otherwise provided in subsection 3, a candidate, person, group, committee, political party, organization or nonprofit corporation described in subsection 1 shall not knowingly solicit, accept or receive a contribution or a commitment to make a contribution from a foreign national.

      3.  For the purposes of subsection 2, if a candidate, person, group, committee, political party, organization or nonprofit corporation is aware of facts that would lead a reasonable person to inquire whether the source of a contribution is a foreign national, the candidate, person, group, committee, political party, organization or nonprofit corporation shall be deemed to have not knowingly solicited, accepted or received a contribution in violation of subsection 2 if the candidate, person, group, committee, political party, organization or nonprofit corporation requests and obtains from the source of the contribution a copy of current and valid United States passport papers. This subsection does not apply to any candidate, person, group, committee, political party, organization or nonprofit corporation if the candidate, person, group, committee, political party, organization or nonprofit corporation has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national.

      4.  If a candidate, person, group, committee, political party, organization or nonprofit corporation discovers that the candidate, person, group, committee, political party, organization or nonprofit corporation received a contribution in violation of this section, the candidate, person, group, committee, political party, organization or nonprofit corporation shall, if at the time of discovery of the violation:

      (a) Sufficient money received as contributions is available, return the contribution received in violation of this section not later than 30 days after such discovery.

      (b) Except as otherwise provided in paragraph (c), sufficient money received as contributions is not available, return the contribution received in violation of this section as contributions become available for this purpose.

      (c) Sufficient money received as contributions is not available and contributions are no longer being solicited or accepted, not be required to return any amount of the contribution received in violation of this section that exceeds the amount of contributions available for this purpose.

      5.  A violation of any provision of this section is a gross misdemeanor.

      6.  As used in this section:

      (a) “Foreign national” has the meaning ascribed to it in 2 U.S.C. § 441e.

      (b) “Knowingly” means that a candidate, person, group, committee, political party, organization or nonprofit corporation:

             (1) Has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national;

             (2) Is aware of facts which would lead a reasonable person to conclude that there is a substantial probability that the source of the contribution solicited, accepted or received is a foreign national; or

             (3) Is aware of facts which would lead a reasonable person to inquire whether the source of the contribution solicited, accepted or received is a foreign national, but failed to conduct a reasonable inquiry.

      (Added to NRS by 2011, 2104; A 2013, 1357, 2405)

Definition [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.

Definition [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.

Definition [Political Party]

Any minor or major political party.

See Nev. Rev. Stat. § 293.073.

Definition [Independent expenditure]

An expenditure which is made by a person who is not under the direction or control of a candidate for office, of a group of such candidates or of any person involved in the campaign of a candidate or group and which is made for or against a candidate or group and is not solicited or approved by a candidate or group.

See Nev. Rev. Stat. § 294A.0077.

Definition [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.

Definition [Committee sponsored by a political party]

Any committee, group or organization that is officially affiliated with a political party and:

      1.  Makes or intends to make contributions to candidates or other persons; or

      2.  Makes or intends to make expenditures.

See Nev. Rev. Stat. § 294A.0065.

Definition [Committee for the recall of a public officer]

An organization that:

      1.  Receives any contributions, makes any contributions to candidates or persons or makes any expenditures that are designed to affect the recall of a public officer; or

      2.  Files a notice of intent to circulate the petition for recall.

See Nev. Rev. Stat. § 294A.006.

Definition [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.

Definition [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.

Definition [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.