SB60A - Revises provisions relating to campaign practices. (BDR 24-412)

(Reprinted with amendments adopted on June 5, 2023) THIRD REPRINT S.B. 60 - *SB60_R3* SENATE BILL NO. 60–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE SECRETARY OF STATE) PREFILED NOVEMBER 16, 2022 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to campaign practices. (BDR 24-412) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; defining the term “inaugural committee”; requiring an inaugural committee to report certain contributions and expenditures; requiring a candidate who is elected to a constitutional office to report certain contributions and expenditures for a certain period preceding the election and preceding the next regular legislative session; prohibiting a foreign national form making a contribution or commitment to make a contribution to an inaugural committee; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires certain persons who make independent expenditures and 1 certain committees for political action, political parties and committees sponsored 2 by a political party which receives certain contributions or makes certain 3 expenditures to report such contributions and expenditures. (NRS 294A.140, 4 294A.150, 294A.210, 294A.220, 294A.230) Section 24 of this bill requires an 5 inaugural committee to report certain contributions and expenditures. 6 Section 23 of this bill defines the term “inaugural committee.” 7 Existing law requires a candidate for office at a primary election or general 8 election to report certain contributions made during the election year. (NRS 9 294A.120) Section 25 of this bill requires a candidate who has been elected to a 10 constitutional office to report certain contributions and expenditures in relation to 11 the transition to the constitutional office. 12 Section 22 of this bill defines the terms “constitutional office” and 13 “constitutional officer.” 14 – 2 – - *SB60_R3* Section 26 of this bill makes a conforming change to indicate the proper 15 placement of sections 22 and 23 in the Nevada Revised Statutes. 16 Section 27 of this bill prohibits a foreign national from making a contribution 17 or a commitment to make a contribution to an inaugural committee. 18 Sections 28-31 of this bill make conforming changes to incorporate the 19 requirements of sections 24 and 25 into existing law governing campaign 20 practices. 21 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 1.5. (Deleted by amendment.) 2 Sec. 1.7. (Deleted by amendment.) 3 Sec. 1.8. (Deleted by amendment.) 4 Sec. 2. (Deleted by amendment.) 5 Sec. 3. (Deleted by amendment.) 6 Sec. 3.5. (Deleted by amendment.) 7 Sec. 4. (Deleted by amendment.) 8 Sec. 5. (Deleted by amendment.) 9 Sec. 6. (Deleted by amendment.) 10 Sec. 6.1. (Deleted by amendment.) 11 Sec. 6.15. (Deleted by amendment.) 12 Sec. 6.2. (Deleted by amendment.) 13 Sec. 6.23. (Deleted by amendment.) 14 Sec. 6.24. (Deleted by amendment.) 15 Sec. 6.25. (Deleted by amendment.) 16 Sec. 6.3. (Deleted by amendment.) 17 Sec. 6.35. (Deleted by amendment.) 18 Sec. 6.4. (Deleted by amendment.) 19 Sec. 6.43. (Deleted by amendment.) 20 Sec. 6.47. (Deleted by amendment.) 21 Sec. 6.5. (Deleted by amendment.) 22 Sec. 6.55. (Deleted by amendment.) 23 Sec. 6.6. (Deleted by amendment.) 24 Sec. 6.65. (Deleted by amendment.) 25 Sec. 6.7. (Deleted by amendment.) 26 Sec. 6.75. (Deleted by amendment.) 27 Sec. 6.8. (Deleted by amendment.) 28 Sec. 6.9. (Deleted by amendment.) 29 Sec. 7. (Deleted by amendment.) 30 Sec. 7.3. (Deleted by amendment.) 31 Sec. 7.6. (Deleted by amendment.) 32 Sec. 8. (Deleted by amendment.) 33 Sec. 9. (Deleted by amendment.) 34 – 3 – - *SB60_R3* Sec. 9.2. (Deleted by amendment.) 1 Sec. 9.6. (Deleted by amendment.) 2 Sec. 9.8. (Deleted by amendment.) 3 Sec. 10. (Deleted by amendment.) 4 Sec. 10.2. (Deleted by amendment.) 5 Sec. 10.4. (Deleted by amendment.) 6 Sec. 10.5. (Deleted by amendment.) 7 Sec. 11. (Deleted by amendment.) 8 Sec. 11.3. (Deleted by amendment.) 9 Sec. 11.7. (Deleted by amendment.) 10 Sec. 12. (Deleted by amendment.) 11 Sec. 13. (Deleted by amendment.) 12 Sec. 14. (Deleted by amendment.) 13 Sec. 15. (Deleted by amendment.) 14 Sec. 16. (Deleted by amendment.) 15 Sec. 17. (Deleted by amendment.) 16 Sec. 17.3 (Deleted by amendment.) 17 Sec. 17.7 (Deleted by amendment.) 18 Sec. 18. (Deleted by amendment.) 19 Sec. 19. (Deleted by amendment.) 20 Sec. 20. (Deleted by amendment.) 21 Sec. 21. Chapter 294A of NRS is hereby amended by adding 22 thereto the provisions set forth as sections 22 to 25, inclusive, of this 23 act. 24 Sec. 22. “Constitutional office” or “constitutional officer” 25 means: 26 1. The Governor; 27 2. The Lieutenant Governor; 28 3. The Secretary of State; 29 4. The State Treasurer; 30 5. The State Controller; and 31 6. The Attorney General. 32 Sec. 23. “Inaugural committee” means any organization, 33 person or group of persons that anticipates receiving contributions 34 or making expenditures for the inauguration of a constitutional 35 officer. 36 Sec. 24. 1. An inaugural committee shall report for each 37 period required pursuant to subsection 2: 38 (a) Each contribution received relating to the inauguration in 39 excess of $1,000; 40 (b) Contributions received during the period relating to the 41 inauguration from a contributor which cumulatively exceed 42 $1,000; 43 – 4 – - *SB60_R3* (c) The total number of all contributions received during the 1 period relating to the inauguration which are not otherwise 2 required to be reported pursuant to paragraph (b); 3 (d) Each expenditure relating to the inauguration made during 4 the period in excess of $1,000; and 5 (e) Expenditures made relating to the inauguration during the 6 period to one recipient which cumulatively exceed $1,000. 7 2. The report required pursuant to subsection 1 must be filed: 8 (a) Not later than the date that is the 90th day following the 9 first day of the regular session of the Legislature that is 10 immediately following the inauguration of the constitutional 11 officer, for the period beginning on the date of the organization of 12 the committee and ending on the 75th day of such regular session; 13 (b) Not later than 15 days after the end of such regular 14 session, for the period of the following year, for the period 15 beginning on the 76th day of such regular session and ending on 16 the last day of such regular session; and 17 (c) Not later than January 15, for the period beginning on 18 January 1 of any year other than the year immediately following 19 the year of the general election and ending on December 31 of the 20 previous year. 21 3. An inaugural committee that disbands shall: 22 (a) Notify the Secretary of State; and 23 (b) File a final report that sets forth: 24 (1) Each contribution and expenditure required to be 25 reported pursuant to subsection 1 that has not previously been 26 reported; and 27 (2) The disposition of any contributions made to the 28 inaugural committee that are not spent or committed for 29 expenditure by the inaugural committee. 30  Nothing in this subsection requires an inaugural committee to 31 report information that has previously been reported in a timely 32 manner pursuant to this section. 33 4. An inaugural committee is not subject to the provisions of 34 NRS 294A.100 or 294A.300. 35 5. Except as otherwise provided in NRS 294A.3737, the 36 reports required by this section must be filed electronically with 37 the Secretary of State. 38 6. A report filed pursuant to this section shall be deemed to be 39 filed on the date that it was received by the Secretary of State. 40 Every inaugural committee shall file a report as required by this 41 section even if the committee receives no contributions. 42 Sec. 25. 1. A candidate for a constitutional office who is 43 elected shall report, not later than the 90th day following the first 44 day of the regular session of the Legislature that is immediately 45 – 5 – - *SB60_R3* following the inauguration of the constitutional officer, for the 1 period beginning on the day following the general election and 2 ending on the day immediately preceding the beginning of the 3 period set forth in NRS 294A.300: 4 (a) Each contribution in excess of $100 received in relation to 5 the transition to holding the office constitutional during the 6 period; 7 (b) Contributions received in relation to the transition to 8 holding the constitutional office during the period from a 9 contributor which cumulatively exceed $100; 10 (c) The total of all contributions received in relation to the 11 transition to holding the constitutional office during the period 12 which are $100 or less and which are not otherwise required to be 13 reported pursuant to paragraph (b); 14 (d) The balance in the account maintained by the candidate 15 pursuant to NRS 294A.130 on the ending date of the period; and 16 (e) Goods and services provided in kind in relation to the 17 transition to holding the constitutional office and for which money 18 would have otherwise been paid. 19 2. Nothing in this section requires the candidate to report 20 information that has previously been reported in a timely manner 21 pursuant to this chapter. 22 3. Except as otherwise provided in NRS 294A.3733, the 23 reports required by this section must be filed electronically with 24 the Secretary of State. 25 4. A report filed pursuant to this section shall be deemed to be 26 filed on the date that it was received by the Secretary of State. 27 Sec. 26. NRS 294A.002 is hereby amended to read as follows: 28 294A.002 As used in this chapter, unless the context otherwise 29 requires, the words and terms defined in NRS 294A.0025 to 30 294A.014, inclusive, and sections 22 and 23 of this act have the 31 meanings ascribed to them in those sections. 32 Sec. 27. NRS 294A.325 is hereby amended to read as follows: 33 294A.325 1. A foreign national shall not, directly or 34 indirectly, make a contribution or a commitment to make a 35 contribution to: 36 (a) A candidate; 37 (b) A committee for political action; 38 (c) A committee for the recall of a public officer; 39 (d) A person who makes an independent expenditure; 40 (e) A political party or committee sponsored by a political party 41 that makes an expenditure for or against a candidate or group of 42 candidates; 43 – 6 – - *SB60_R3* (f) An organization made up of legislative members of a 1 political party whose primary purpose is to provide support for their 2 political efforts; 3 (g) A personal campaign committee or the personal 4 representative of a candidate who receives contributions or makes 5 expenditures that are reported as contributions or expenditures by 6 the candidate; [or] 7 (h) A nonprofit corporation that is registered or required to be 8 registered pursuant to NRS 294A.225 [.] ; or 9 (i) An inaugural committee. 10 2. Except as otherwise provided in subsection 3, a candidate, 11 person, group, committee, political party, organization or nonprofit 12 corporation described in subsection 1 shall not knowingly solicit, 13 accept or receive a contribution or a commitment to make a 14 contribution from a foreign national. 15 3. For the purposes of subsection 2, if a candidate, person, 16 group, committee, political party, organization or nonprofit 17 corporation is aware of facts that would lead a reasonable person to 18 inquire whether the source of a contribution is a foreign national, the 19 candidate, person, group, committee, political party, organization or 20 nonprofit corporation shall be deemed to have not knowingly 21 solicited, accepted or received a contribution in violation of 22 subsection 2 if the candidate, person, group, committee, political 23 party, organization or nonprofit corporation requests and obtains 24 from the source of the contribution a copy of current and valid 25 United States passport papers. This subsection does not apply to any 26 candidate, person, group, committee, political party, organization or 27 nonprofit corporation if the candidate, person, group, committee, 28 political party, organization or nonprofit corporation has actual 29 knowledge that the source of the contribution solicited, accepted or 30 received is a foreign national. 31 4. If a candidate, person, group, committee, political party, 32 organization or nonprofit corporation discovers that the candidate, 33 person, group, committee, political party, organization or nonprofit 34 corporation received a contribution in violation of this section, the 35 candidate, person, group, committee, political party, organization or 36 nonprofit corporation shall, if at the time of discovery of the 37 violation: 38 (a) Sufficient money received as contributions is available, 39 return the contribution received in violation of this section not later 40 than 30 days after such discovery. 41 (b) Except as otherwise provided in paragraph (c), sufficient 42 money received as contributions is not available, return the 43 contribution received in violation of this section as contributions 44 become available for this purpose. 45 – 7 – - *SB60_R3* (c) Sufficient money received as contributions is not available 1 and contributions are no longer being solicited or accepted, not be 2 required to return any amount of the contribution received in 3 violation of this section that exceeds the amount of contributions 4 available for this purpose. 5 5. A violation of any provision of this section is a gross 6 misdemeanor. 7 6. As used in this section: 8 (a) “Foreign national” has the meaning ascribed to it in [2 9 U.S.C. § 441e.] 52 U.S.C. § 30121. 10 (b) “Knowingly” means that a candidate, person, group, 11 committee, political party, organiza [Text truncated for display. Full text available on LegiScan.]