NRS 294A.325 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.

652 words·~3 min read·/nv/chapter-294a-campaign-practices/294a-325

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.