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N.R.S. 294A.130 – Deposit of contributions received in separate account; closing of separate account

Overview of Statute

This section requires candidates to place their deposit of contributions into a separate account.

Statute

1.  Every candidate shall, not later than 1 week after receiving minimum contributions of $100, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. The candidate shall not commingle the money in the account with money collected for other purposes.

2.  The candidate may close the separate account if the candidate:

      (a) Was a candidate in a special election, after that election;

      (b) Lost in the primary election, after the primary election; or

      (c) Won the primary election, after the general election,

and as soon as all payments of money committed have been made.

 3.  Every committee for political action, committee sponsored by a political party and committee for the recall of a public officer shall, not later than 1 week after receiving contributions the sum of which, in the aggregate, is $1,000 or more, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. The committee for political action, committee sponsored by a political party or committee for the recall of a public officer shall not commingle the money in the account with money collected for other purposes.

(Added to NRS by 1989, 2140; A 1997, 242; 2013, 1336, 2385; 2017, 3307)

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 [General election]

The election held pursuant to NRS 293.12755.

See Nev. Rev. Stat. § 293.060.

Definition [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

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 [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 [Committee for the recall of a public officer]

An organization that:

      1.  Receives any contributions, makes any contributions to candidates or persons or makes any expenditures that are designed to affect the recall of a public officer; or

      2.  Files a notice of intent to circulate the petition for recall.

See Nev. Rev. Stat. § 294A.006.

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 [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.