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Nevada > Statutes > Elections-related Communications

N.R.S. 294A.348 - Disclosures and statements required on certain public political advertising and Internet communication

Overview of Statute

This section requires disclosures on certain public political advertising and Internet communications.

Statute

      1.  Except as otherwise provided in NRS 294A.349, a person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising that:

      (a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

      (b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising, shall disclose on the communication the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

      2.  Except as otherwise provided in NRS 294A.349, if a communication described in subsection 1 is approved by a candidate, in addition to the requirements of subsection 1, the communication must state that the candidate approved the communication and disclose the street address, telephone number and Internet address, if any, of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

      3.  A person, committee for political action, political party or committee sponsored by a political party that has an Internet website available for viewing by the general public or that sends out an electronic mailing to more than 500 people that:

      (a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

      (b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising,

Ê shall disclose on the Internet website or electronic mailing, as applicable, the name of the person, committee for political action, political party or committee sponsored by a political party.

      4.  The disclosures and statements required pursuant to this section must be clear and conspicuous, and easy to read or hear, as applicable.

      (Added to NRS by 2011, 3287; A 2015, 400)

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 [Political Party]

Any minor or major political party.

See Nev. Rev. Stat. § 293.073.

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 [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.

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 [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.