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Nevada > Statutes > Administration and Enforcement

N.R.S. 294A.380 - Powers of Secretary of State; administering provisions governing committees for political action; regulations

Overview of Statute

This section provides for the powers of the Secretary of State in administering provisions governing political action committees.

Statute

      1.  The Secretary of State may adopt and promulgate regulations, prescribe forms in accordance with the provisions of this chapter and take such other actions as are necessary for the implementation and effective administration of the provisions of this chapter.

      2.  For the purposes of implementing and administering the provisions of this chapter regulating committees for political action:

      (a) The Secretary of State shall, in determining whether an entity or group is a committee for political action, consider a group’s or entity’s division or separation into units, sections or smaller groups only if it appears that such division or separation was for a purpose other than for avoiding the reporting requirements of this chapter.

      (b) The Secretary of State shall, in determining whether an entity or group is a committee for political action, disregard any action taken by a group or entity that would otherwise constitute a committee for political action if it appears such action is taken for the purpose of avoiding the reporting requirements of this chapter.

      (Added to NRS by 1975, 592; A 1999, 2561; 2001, 1430)

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 [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.