Code Section
Nevada > Statutes > Other Required and Prohibited Practices

N.R.S. 294A.350 - Filing of reports required despite ending campaign or experiencing certain other circumstances; filing of reports simultaneously upon ending campaign; duty to file reports if elected after ending campaign

Overview of Statute

This section requires filing required reports despite ending campaigns or ending other circumstances.

Statute

1. Except as otherwise provided in subsection 2, every candidate for office shall file the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, even though the candidate:

(a) Withdraws his or her candidacy pursuant to NRS 293.202 or 293C.195;

(b) Ends his or her campaign without withdrawing his or her candidacy pursuant to NRS 293.202 or 293C.195;

(c) Receives no contributions;

(d) Has no campaign expenses;

(e) Is not opposed in the election by another candidate;

(f) Is defeated in the primary election;

(g) Is removed from the ballot by court order; or

(h) Is the subject of a petition to recall and the special election is not held.

2. A candidate described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362 that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4, 5 and 6 of NRS 294A.160, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions. If the candidate has submitted a withdrawal of candidacy pursuant to NRS 293.202 or 293C.195 to an officer other than the Secretary of State, the candidate must enclose with the notice a copy of the withdrawal of candidacy. A form submitted to the Secretary of State pursuant to this subsection must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

3. A candidate described in paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office despite ending his or her campaign is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.

      (Added to NRS by 1977, 1363; A 1985, 1111; 1997, 766; 1999, 3560; 2005, 2298; 2007, 3369; 2011, 3303; 2013, 1359, 2407, 3834; 2015, 388; 2019, c.288.)

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 [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

Definition [Campaign expenses]

1.  All expenses incurred by a candidate for a campaign, including, without limitation:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund;

      (j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;

      (k) Fees for filing declarations of candidacy or acceptances of candidacy; and

      (l) Repayment or forgiveness of a loan.

      2.  Expenditures, as defined in NRS 294A.0075.

      3.  The disposal of any unspent contributions pursuant to NRS 294A.160.

See Nev. Rev. Stat. § 294A.0035.

Definition [Oath]

Includes affirmation.

See Nev. Rev. Stat. § 293.068.

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 [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.

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.

Regulations & Guidance

Attorney General's Opinions

  • AGO 98-29 (1998) With regard to the ethical standards of public officers, a campaign contribution made to a public officer is treated differently than the pecuniary interest of the public officer. A campaign contribution is considered a constitutional right on the part of the contributor to participate in the electoral process, while a pecuniary interest is afforded no protection at all in the ethical realm of government. Pursuant to former NRS 281.501 (cf. NRS281A.420), only a pecuniary interest which amounts to a conflict of interest will require disclosure and abstention. Had the Legislature intended for campaign contributions to trigger a possible conflict of interest, the Legislature could have included campaign contributions in former NRS 281.501 (cf. NRS 281A.420). Public policy strongly encourages the giving and receiving of campaign contributions. Adequate protection against corruption and bias is afforded through statutory disclosure requirements (see NRS 294A.120, 294A.125 and 294A.350). Once an elected official properly files his contribution and expenditure report, it becomes public information. Additional disclosure by the elected official is not therefore required.