N.R.S. 294A.347 - Statements which expressly advocate election or defeat of clearly identified candidate required to disclose certain information under certain circumstances
Overview of Statute
This section requires disclosure of certain information under certain circumstances for statements which expressly advocate election or defeat of a clearly identified candidate.
Statute
1. Except as otherwise provided in NRS 294A.349, a statement which:
(a) Is published within 60 days before a general election or special election or 30 days before a primary election;
(b) Expressly advocates the election or defeat of a clearly identified candidate for a state or local office; and
(c) Is published by a person who receives compensation from the candidate, an opponent of the candidate or a person, political party or committee for political action,
Ê must contain a disclosure of the fact that the person receives compensation pursuant to paragraph (c) and the name of the person, political party or committee for political action providing that compensation.
2. A statement which:
(a) Is published by a candidate within 60 days before a general election or special election or 30 days before a primary election; and
(b) Contains the name of the candidate,
Ê shall be deemed to comply with the provisions of this section.
3. As used in this section, “publish” means the act of:
(a) Printing, posting, broadcasting, mailing or otherwise disseminating; or
(b) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.
(Added to NRS by 2007, 2739; A 2011, 2118, 3303; 2013, 1358, 2407; 2015, 400)
1. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
2. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
4. 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.
5. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
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 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.
8. 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.