Existing law authorizes certain persons and the spouse, domestic partner or minor child thereof, to request a court order to require that the Secretary of State, a county or city clerk, county recorder or county assessor maintain the personal information of the person contained in their records in a confidential manner. A person who wishes to have such personal information be kept confidential is required to obtain an order of a court, based on a sworn affidavit by the person, requiring the Secretary of State, a county or city clerk, county recorder or county assessor to maintain the personal information in a confidential manner. The Secretary of State, a county or city clerk, county recorder or county assessor is authorized to provide such confidential information for use in certain limited circumstances and to deny a request for confidential information if he or she reasonably believes that the information may be used in an unauthorized manner. (NRS 247.500-247.600, 250.100-250.230, 293.900-293.920) Sections 3, 8 and 9 of this bill add public officers to the lists of people authorized to request that personal information contained in the records of the Secretary of State, a county or city clerk, county recorder or county assessor be kept confidential. Existing law requires a candidate for an elected office to file a declaration of candidacy and declaration of residency with the appropriate filing officer. Existing law provides that the declaration of candidacy and declaration of residency are a public record which must be made available to the public in electronic format. Existing law also requires the filing officer to retain a copy of the proof of identity and residency provided by the candidate and prohibits the copy from being withheld from the public. (NRS 293.177, 293.181, 293C.185) Sections 1, 2 and 4 of this bill provide that any information required to be kept confidential by the Secretary of State or county or city clerk pursuant to a court order obtained from an authorized person who has requested his or her personal information be maintained in a confidential manner is an exception to these requirements. Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person's driver's license, commercial driver's license or identification card. (NRS 481.091) Section 10 of this bill additionally authorizes any public officer to make such a request. Existing law makes it unlawful for a candidate or public officer to spend money received as a contribution for his or her “personal use,” which is defined as any use of contributions to fulfill a commitment, obligation or expense of a candidate or public officer that would exist irrespective of his or her campaign or public office, as applicable. (NRS 294A.011, 294A.160) Section 5 of this bill provides that expenses related to personal security are a campaign expense. Section 6 of this bill provides that “personal use” of campaign contributions does not include, without limitation, the use of contributions to fulfill a commitment, obligation or expense for personal security incurred in direct connection to the campaign of a candidate or public office of a public officer. Section 7 of this bill requires that expenses related to personal security be reported on campaign finance reports as a campaign expense.

Statutes affected:
As Introduced: 293.177, 293.181, 293.908, 293C.185, 294A.0035, 294A.011, 294A.365, 247.540, 250.140, 481.091