§ NRS § 294A.325Contributions or commitments to make contributions by foreign nationals prohibited; knowing solicitation, acceptance or receipt of such contributions or commitments prohibited; disposition of contributions received in violation of prohibiti

en · 4,496 chars · active
Contributions or commitments to make contributions by foreign
nationals prohibited; knowing solicitation, acceptance or receipt of such
contributions or commitments prohibited; disposition of contributions received
in violation of prohibition; penalty.

1.  A foreign national shall not, directly
or indirectly, make a contribution or a commitment to make a contribution to:

(a) A candidate;

(b) A committee for political action;

(c) A committee for the recall of a public
officer;

(d) A person who makes an independent
expenditure;

(e) A political party or committee sponsored by a
political party that makes an expenditure for or against a candidate or group
of candidates;

(f) An organization made up of legislative
members of a political party whose primary purpose is to provide support for
their political efforts;

(g) 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; or

(h) A nonprofit corporation that is registered or
required to be registered pursuant to NRS
294A.225.

2.  Except as otherwise provided in
subsection 3, a candidate, person, group, committee, political party,
organization or nonprofit corporation described in subsection 1 shall not
knowingly solicit, accept or receive a contribution or a commitment to make a
contribution from a foreign national. 

3.  For the purposes of subsection 2, if a
candidate, person, group, committee, political party, organization or nonprofit
corporation is aware of facts that would lead a reasonable person to inquire
whether the source of a contribution is a foreign national, the candidate,
person, group, committee, political party, organization or nonprofit corporation
shall be deemed to have not knowingly solicited, accepted or received a
contribution in violation of subsection 2 if the candidate, person, group,
committee, political party, organization or nonprofit corporation requests and
obtains from the source of the contribution a copy of current and valid United
States passport papers. This subsection does not apply to any candidate,
person, group, committee, political party, organization or nonprofit
corporation if the candidate, person, group, committee, political party,
organization or nonprofit corporation has actual knowledge that the source of
the contribution solicited, accepted or received is a foreign national.

4.  If a candidate, person, group,
committee, political party, organization or nonprofit corporation discovers
that the candidate, person, group, committee, political party, organization or
nonprofit corporation received a contribution in violation of this section, the
candidate, person, group, committee, political party, organization or nonprofit
corporation shall, if at the time of discovery of the violation:

(a) Sufficient money received as contributions is
available, return the contribution received in violation of this section not
later than 30 days after such discovery. 

(b) Except as otherwise provided in paragraph
(c), sufficient money received as contributions is not available, return the
contribution received in violation of this section as contributions become
available for this purpose.

(c) Sufficient money received as contributions is
not available and contributions are no longer being solicited or accepted, not
be required to return any amount of the contribution received in violation of
this section that exceeds the amount of contributions available for this
purpose. 

5.  A violation of any provision of this
section is a gross misdemeanor.

6.  As used in this section:

(a) “Foreign national” has the meaning ascribed
to it in 52 U.S.C. § 30121. 

(b) “Knowingly” means that a candidate, person,
group, committee, political party, organization or nonprofit corporation:

(1) Has actual knowledge that the source
of the contribution solicited, accepted or received is a foreign national;

(2) Is aware of facts which would lead a
reasonable person to conclude that there is a substantial probability that the
source of the contribution solicited, accepted or received is a foreign
national; or

(3) Is aware of facts which would lead a
reasonable person to inquire whether the source of the contribution solicited,
accepted or received is a foreign national, but failed to conduct a reasonable
inquiry.

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.