Contributions to a(n) ____ allow groups to actively support candidates but are limited to $5,000.

����� [The Nevada constitution was framed by a convention of delegates chosen by the people. The convention met at Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the 1st Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states.

����� The literal text of the original, signed copy of the constitution filed in the office of the secretary of state has been retained, unless it has been repealed or superseded by amendment. Where the original text has been amended or where a new provision has been added to the original constitution, the source of the amendment or addition is indicated in the source note immediately following the text of the amended or new section. Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada.]

_________

[Preliminary Action.]

Ordinance.

Preamble.

Article.������ .��������������� Declaration of Rights.

������������������ .��������������� Right of Suffrage.

������������������ .��������������� Distribution of Powers.

������������������ .��������������� Legislative Department.

������������������ .��������������� Executive Department.

������������������ .��������������� Judicial Department.

������������������ .��������������� Impeachment and Removal From Office.

������������������ .��������������� Municipal and Other Corporations.

������������������ .��������������� Finance and State Debt.

������������������ .������������ Taxation.

������������������ .������������ Education.

������������������ .������������ Militia.

������������������ .������������ Public Institutions.

������������������ .������������ Boundary.

������������������ .������������ Miscellaneous Provisions.

������������������ .������������ Amendments.

������������������ .������������ Schedule.

������������������ .������ [Right of Suffrage.] Repealed in 1992.

������������������ .������������ Initiative and Referendum.

[Election Ordinance.]

_________

[PRELIMINARY ACTION.]

Whereas,

����� The Act of Congress Approved March Twenty First A.D. Eighteen Hundred and Sixty Four �To enable the People of the Territory of Nevada to form a Constitution and State Government and for the admission of such State into the Union on an equal footing with the Original States,� requires that the Members of the Convention for framing said Constitution shall, after Organization, on behalf of the people of said Territory, adopt the Constitution of the United States.—Therefore, Be it Resolved,

��������������������������������������������������������������������������� [Then follow the names of delegates who signed the constitution.]

Please note that these exemptions apply regardless of whether the individual owns the computer he or she is using.

Using a work computer for online political activity

Personal use of computers and internet access is allowed, subject to the employer’s rules and so long as the individual is not compensated for the activity.

Sending personal emails regarding political topics or federal elections

Individuals may send unlimited emails on any political topic without identifying who they are or whether their messages have been authorized by any party or campaign committee.

Posting comments to a blog in connection with a federal election

Uncompensated blogging, whether done by individuals or a group of individuals, incorporated or unincorporated, is exempt from regulation, even in those cases where a nominal fee is paid.

Presidential campaigns should note that all presidential primary elections held during a calendar year are considered one election for the purposes of the contribution limits.

Under certain circumstances, additional elections may be called that bring about additional per election contribution limits. For example, a separate election may occur when a judicial decision creates a new election. A special election may also involve separate primary, general and/or runoff elections, each with a separate contribution limit. In Advisory Opinion (AO) 2009-15, the Commission concluded that under certain circumstances an authorized committee may accept contributions that may be used in a special or emergency election or runoff, even though an election has not been scheduled and may not occur. And in some cases, a party caucus or convention is considered an election. Each of these elections would be considered a separate election with a separate contribution limit.

Party caucus or convention

A party caucus or convention constitutes an election only if it has the authority under relevant state law to select a nominee for federal office. (Notable examples of these types of conventions are those held in Connecticut, Utah and Virginia.) Otherwise, there is no separate limit for a caucus or convention; it is considered part of the primary process. When the caucus or convention does constitute a primary election, reports must be filed for the convention as they would for the primary.

Candidates who lose in the primary

A candidate is entitled to an election limit only if they seek office in that election. Thus, a candidate who loses the primary (or otherwise does not participate in the general election) does not have a separate limit for the general. If a candidate accepts contributions for the general election before the primary is held and loses the primary (or does not otherwise participate in the general election), the candidate’s principal campaign committee must refund, redesignate or reattribute the general election contributions within 60 days of the primary or the date that the candidate publicly withdraws from the primary race. In AO 2008-04, the Commission determined that the authorized committee of a presidential candidate receiving primary matching funds may issue refunds or obtain redesignations to his or her Senate campaign for contributions made in connection with the general election.

Independent and non-major party candidates

Even when independent and non-major party candidates are not involved in an actual primary, they are entitled to a primary limit. They may choose one of the following dates to be their “primary” date, and, until that date, they may collect contributions that count towards the contributor’s primary limits.

• The last day on which, under state law, a candidate may qualify for a position on the general election ballot; or
• The date of the last major primary election, caucus or convention in that state. Non-major party candidates may also choose the date of the nomination by their party as their primary date.

Independent and non-major party may also choose the date of the nomination by their party as their primary date. Whichever date they chose, the candidate's campaign must file the pre-election report applicable to their state and any 48-Hour notices for contributions of $1,000 or more, even if they are not actually participating in a primary election or nominating convention.

Primary vs. general election

Campaigns must adopt an accounting system to distinguish between contributions made for the primary election and those made for the general election.

As previously noted, should the candidate lose the primary election, contributions accepted for the general election must be refunded, redesignated or reattributed within 60 days and may not be used to repay primary election debt. Therefore, candidate committees should ensure they have enough cash on hand to make those refunds if needed.

Candidates running in the general election, however, may spend unused primary contributions for general election expenses. The contributions would continue to apply toward the contributors’ limits for the primary. In addition, the campaign of a candidate running in the general election may use general election contributions for primary election debts; the contributions would still count against the contributor’s general election limits.

Unopposed candidates; elections not held

A candidate is entitled to a separate contribution limit even if:

• The candidate is unopposed in an election;
• A primary or general election is not held because the candidate is unopposed; or
• The general election is not held because the candidate received a majority of votes in the previous election.

The date on which the election would have been held is considered the date of the election. The campaign must file pre-election reports and, in the case of a general election, a post-election report.

Unopposed candidates must file the pre-election report applicable to their state and any 48-Hour notices for contributions of $1,000 or more, even if they are not actually participating in a primary election or nominating convention.

Contributions to presidential and vice presidential candidates

Primary elections

All presidential primary elections held during an election year are considered one election for the purposes of the contribution limits. The primary election period ends on the date that the candidate accepts the nomination of the party. Although an individual may contribute up to the primary limit to a publicly funded presidential primary candidate, only a maximum of $250 of each individual’s contribution is counted towards . A publicly funded presidential primary candidate from the candidate’s personal funds to $50,000.

General elections

A contribution to a major party (Republican or Democratic) presidential general election campaign is not permitted if the candidate chooses to receive . A person may contribute to a nonmajor party nominee who receives partial general election public financing up to the expenditure limits, but the nominee is otherwise subject to the same contribution limits that apply to House candidates. The nominee must also agree to limit spending from personal funds to $50,000.

Note, in AO 2007-03, the Commission concluded that a presidential candidate could solicit and receive private contributions for the 2008 presidential general election without losing eligibility to receive public funding if the candidate received his party’s nomination for President, provided that the campaign:

• Deposited and maintained all private contributions designated for the general election in a separate account;
• Refrained from using these contributions for any purpose; and
• Refunded the private contributions in full if the candidate ultimately decided to receive public funds.

Contributions may be made to a publicly funded presidential nominee’s "General Election Legal and Compliance fund (GELAC fund)." A GELAC fund is used solely for legal and accounting expenses incurred in complying with federal law. Gifts to GELAC funds are considered contributions and are subject to the per-candidate, per-election limits.

The date a contribution is made by the contributor and the date the contribution is received by the campaign are significant for purposes of the contribution limits. It is important to understand the distinction.

The date a contribution is made is the date the contributor relinquishes control over it For example:

• A hand-delivered contribution is considered made on the date it is delivered by the contributor to the campaign.
• A mailed contribution is made on the date of the postmark. (If a campaign wishes to rely on a postmark as evidence of the date a contribution was made, it must retain the envelope or a copy of it.)
• An in-kind contribution is made on the date that the goods or services are provided by the contributor.
• A contribution made via the Internet is considered made on the date the contributor electronically confirms making the transaction.

An earmarked contribution is considered made during the election cycle in which the contribution is actually made, regardless of the year in which the election is held. (The conduit must forward this information to the campaign.)

Date contribution is received
The date of receipt is the date the campaign (or a person acting on the campaign’s behalf) actually receives the contribution. This is the date used by the campaign for reporting purposes, but it also affects the application of the net debts outstanding rule.

Contributions charged on credit card
When the committee receives contributions through credit card charges, the date of receipt is the date on which the committee receives the contributor’s signed authorization to charge the contribution. The treasurer should retain a copy of the authorization form in the committee’s records.

In-kind contributions
The date of receipt for an in-kind contribution is the date the goods or services are provided to the committee, even if the contributor pays the bill for the goods or services after they are provided.

Effect of dates on undesignated contributions

The date an undesignated contribution is made determines which election limit it counts against. The date of receipt, however, does not affect the application of the contribution limits. An undesignated contribution made on or before election day counts against the donor’s limit for that election, even if the date of receipt is after election day and even if the campaign has no net debts outstanding. On the other hand, an undesignated contribution made after an election counts against the donor’s limit for the candidate’s next election.

Effect of dates on designated contributions

Both the date a contribution is made and the date of receipt affect the application of the net debts outstanding rule to a designated contribution. The date the contribution is made determines whether the rule will apply, while the date of receipt governs whether the contribution is acceptable under the rule. For example, a contribution designated for the primary and made before that election will not be subject to the net debts outstanding rule, even if the campaign receives the contribution after the primary. By contrast, a contribution designated for—but made after—the primary is acceptable only to the extent the campaign has net debts outstanding for the primary on the date of receipt.

Date of deposit

While all contributions must be deposited within 10 days, the date of deposit is not used for reporting or contribution limit purposes.

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