294A.160 - Personal use by candidate prohibited; disposition of unspent contributions; penalty.

294A.160  Personal use by candidate prohibited; disposition of unspent contributions; penalty.

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

      2.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall:

      (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;

             (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

             (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

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

      (e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.

      3.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after the candidate’s defeat:

      (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;

             (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

             (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

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

      (d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).

      4.  Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the candidate’s defeat, return any money in excess of $5,000 to the contributor.

      5.  Every public officer who:

      (a) Holds a state, district, county, city or township office;

      (b) Does not run for reelection and is not a candidate for any other office; 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 3.

      6.  In addition to the methods for disposing the unspent money set forth in subsections 2, 3 and 4, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

      7.  Any contributions received before a candidate for a state, district, county, city or township office at a primary, general, primary city, general city 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 3.

      8.  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.

      9.  As used in this section, “contributions” include any interest and other income earned thereon.

      (Added to NRS by 1991, 1922; A 1997, 244; 2001, 3028; 2003, 3004)

      NRS 294A.190  Disposition of contribution received by candidate from anonymous or unidentifiable contributor.  A candidate who receives a contribution of $100 or more from an anonymous or unidentifiable contributor shall, within 10 days after receiving the contribution, deliver the money to the State Treasurer or donate the money to a nonprofit entity. The State Treasurer shall deposit the money in the State General Fund.

      (Added to NRS by 1991, 1392)