§ NRS § 294A.420Enforcement of chapter: Institution of court proceedings; civil penalty; limitation and waiver of civil penalty; remedies and penalties are cumulative

Enforcement of chapter: Institution of court proceedings; civil
penalty; limitation and waiver of civil penalty; remedies and penalties are
cumulative.

1.  If the Secretary of State receives
information that a candidate, person, organization, committee, political party
or nonprofit corporation that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286 has not filed a report or form
for registration pursuant to the applicable provisions of those sections, the
Secretary of State may, after giving notice to that candidate, person,
organization, committee, political party or nonprofit corporation, cause the
appropriate proceedings to be instituted in the First Judicial District Court.

2.  Except as otherwise provided in this
section, a candidate, person, organization, committee, political party or
nonprofit corporation that violates an applicable provision of this chapter is
subject to a civil penalty of not more than $10,000 for each violation and
payment of court costs and attorney’s fees. The civil penalty must be recovered
in a civil action brought in the name of the State of Nevada by the Secretary
of State in the First Judicial District Court and deposited by the Secretary of
State for credit to the State General Fund in the bank designated by the State
Treasurer.

3.  If a civil penalty is imposed because a
candidate, person, organization, committee, political party or nonprofit
corporation has reported its contributions, campaign expenses, independent
expenditures or other expenditures after the date the report is due, except as
otherwise provided in this subsection, the amount of the civil penalty is:

(a) If the report is not more than 7 days late,
$25 for each day the report is late.

(b) If the report is more than 7 days late but
not more than 15 days late, $50 for each day the report is late.

(c) If the report is more than 15 days late, $100
for each day the report is late.

Ê A civil
penalty imposed pursuant to this subsection against a public officer who by law
is not entitled to receive compensation for his or her office or a candidate
for such an office must not exceed a total of $100 if the public officer or candidate
received no contributions and made no expenditures during the relevant
reporting periods.

4.  For good cause shown, the Secretary of
State may waive a civil penalty that would otherwise be imposed pursuant to
this section.

5.  When considering whether to waive,
pursuant to subsection 4, a civil penalty that would otherwise be imposed
pursuant to subsection 3, the Secretary of State may consider, without
limitation:

(a) The seriousness of the violation, including,
without limitation, the nature, circumstances and extent of the violation;

(b) Any history of violations committed by the
candidate, person, organization, committee, political party or nonprofit
corporation against whom the civil penalty would otherwise be imposed;

(c) Any mitigating factor, including, without
limitation, whether the candidate, person, organization, committee, political
party or nonprofit corporation against whom the civil penalty would otherwise
be imposed reported the violation, corrected the violation in a timely manner,
attempted to correct the violation or cooperated with the Secretary of State in
resolving the situation that led to the violation;

(d) Whether the violation was inadvertent;

(e) Any knowledge or experience the candidate,
person, organization, committee, political party or nonprofit corporation has
with the provisions of this chapter; and

(f) Any other factor that the Secretary of State
deems to be relevant.

6.  If the Secretary of State waives a
civil penalty pursuant to subsection 4, the Secretary of State shall:

(a) Create a record which sets forth that the
civil penalty has been waived and describes the circumstances that constitute
the good cause shown; and

(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.

7.  The remedies and penalties provided by
this chapter are cumulative, do not abrogate and are in addition to any other
remedies and penalties that may exist at law or in equity, including, without
limitation, any criminal penalty that may be imposed pursuant to this chapter
or NRS 199.120, 199.145 or 239.330.