§ NRS § 294A.160Permitted 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 uns

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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) A candidate to spend money received as a
contribution:

(1) For the candidate’s personal use; or

(2) To pay himself or herself a salary.

(b) A public officer to spend unspent
contributions:

(1) For the public officer’s personal use;
or

(2) To pay himself or herself a salary.

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 this
section, 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) If the candidate was elected to the
office of a Legislator, another member of the Legislature who is authorized to
solicit or accept contributions pursuant to NRS
294A.117;

(3) A political party; 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) 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 or is removed from the ballot by court order 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 as otherwise provided in this
subsection, every candidate who appears on the ballot but is defeated at a
primary election or general election may use unspent contributions in the
candidate’s next election. Such a candidate 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 candidate has
unspent contributions. If, within 4 years, the candidate does not:

(a) File a declaration of candidacy; or

(b) Appear on an official ballot at any election,

Ê the
candidate 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.  Every former public officer who has
contributions that are not spent or committed for expenditure remaining from a
previous election shall, not later than 15 days after the 4-year period
immediately following leaving office, dispose of those contributions in the
manner provided in subsection 4.

9.  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.

10.  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.

11.  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.

12.  As used in this section,
“contribution” includes, without limitation, any interest and other income
earned on a contribution.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.