Nevada Elections

Sec. § 294A.160
Permitted and prohibited use and disposition of contributions: Prohibition against personal use or payment of salary to self; use authorized for certain legal expenses; use prohibited to satisfy civil or criminal penalty; disposition of unspent contributions; penalty.


1.

It is unlawful for a candidate to spend money received as a contribution for the candidate’s personal use.

2.

Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.

3.

Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:

(a)

Return the unspent money to contributors;

(b)

Use the money in the candidate’s next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidate’s next election;

(c)

Contribute the money to:

(1)

The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

(2)

A political party; or

(3)

Any combination of persons or groups set forth in subparagraphs (1) and (2);

(d)

Donate the money to any tax-exempt nonprofit entity; or

(e)

Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

4.

Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:

(a)

Return the unspent money to contributors;

(b)

Contribute the money to:

(1)

The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

(2)

A political party; or

(3)

Any combination of persons or groups set forth in subparagraphs (1) and (2);

(c)

Donate the money to any tax-exempt nonprofit entity; or

(d)

Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

5.

Every candidate for office at a special election to recall a public officer shall dispose of the unspent contributions through one or any combination of the methods set forth in subsection 4 not later than the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to NRS 294A.115.

6.

Every candidate for office who withdraws after filing a declaration of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, as applicable, return any money in excess of $5,000 to the contributor.

7.

Except for a former public officer who is subject to the provisions of subsection 11, every person who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

(a)

File a declaration of candidacy; or

(b)

Appear on an official ballot at any election,
Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

8.

Except as otherwise provided in subsection 9, every public officer who:

(a)

Does not run for reelection to the office which he or she holds;

(b)

Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

(c)

Has contributions that are not spent or committed for expenditure remaining from a previous election,
Ê shall, not later than the 15th day of the second month after the expiration of the public officer’s term of office, dispose of those contributions in the manner provided in subsection 4.

9.

Every public officer who:

(a)

Resigns from his or her office;

(b)

Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

(c)

Has contributions that are not spent or committed for expenditure remaining from a previous election,
Ê shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.

10.

Except as otherwise provided in subsection 11, every public officer who:

(a)

Does not run for reelection to the office which he or she holds or who resigns from his or her office;

(b)

Is a candidate for any other office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100; and

(c)

Has contributions that are not spent or committed for expenditure remaining from a previous election,
Ê may use the unspent contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the public officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.

11.

Every former public officer described in subsection 10 who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

(a)

File a declaration of candidacy; or

(b)

Appear on an official ballot at any election,
Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

12.

In addition to the methods for disposing of the unspent money set forth in this section, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

13.

Any contributions received before a candidate for office at a primary election, general election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 4.

14.

The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

15.

As used in this section:

(a)

“Contribution” includes, without limitation, any interest and other income earned on a contribution.

(b)

“Qualifying contribution” means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 3 of NRS 294A.005.
Source

Last accessed
Feb. 5, 2021