N.R.S. 294A.370 - Media to make certain information available
Overview of Statute
This section provides for the media to make certain disclosure information available.
Statute
1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes:
(a) Advertising for or against any candidate or a group of such candidates;
(b) Political advertising for any person other than a candidate; or
(c) Advertising for the passage or defeat of a question or group of questions on the ballot,
Ê shall, during the period beginning at least 10 days before each primary election or general election and ending at least 30 days after the election, make available for inspection information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published. The person or entity shall make the information available at any reasonable time and not later than 3 days after it has received a request for such information.
2. For purposes of this section, the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or the person or group which requested the advertisement, at the principal place of business of the enterprise.
(Added to NRS by 1975, 1484; A 1977, 1371; 1983, 1374; 1987, 363, 1142; 2003, 1712; 2013, 1361, 2409)
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
2. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
3. 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.
4. 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.
5. 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.
6. 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.
Regulations & Guidance
Attorney General's Opinions
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AGO 2000-29 (2000) The provisions of NRS 294A.370, which require certain media entities to make certain information available for inspection, neither implicate nor violate the First Amendment rights of free speech and free press (see also Nev. Art. 1, § 9) because the provisions of NRS 294A.370 do not censor or restrain speech, do not restrict the content of any publication, do not limit publishing or distribution and do not compel or coerce speech. The provisions of NRS 294A.370 merely require the disclosure of certain costs for services. The provisions of NRS 294A.370, which require certain media-related companies and entities to disclose—just before and after an election—the cost of political advertisements, do not violate the Equal Protection Clause of the U.S. Constitution (see also Nev. Art. 4, § 21) because: (1) the Equal Protection Clause is not absolute but rather recognizes the practical necessity that most legislation classifies for one purpose or another; (2) the media and other related business entities are not a suspect class; (3) the State of Nevada has an important interest in informing the public as to the cost of political advertisements just before and after an election; and (4) the classifications made by NRS 294A.370 are not unrelated to the State of Nevada’s important interests.