Nebraska Statutes 49-1478. Expenditure; limitations; reports required; violations; penalty
(1) An expenditure shall not be made, other than for overhead or normal operating expenses, by an agent or an independent contractor, including an advertising agency, on behalf of or for the benefit of a person unless the expenditure is reported by the committee as if the expenditure were made directly by the committee, or unless the agent or independent contractor files an agent’s expenditure report as provided in subsection (3) of this section. The agent or independent contractor shall make known to the committee all information required to be reported by the committee. Any person violating this subsection shall be guilty of a Class III misdemeanor.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 49-1478
- Ballot question: shall mean any question which is submitted or which is intended to be submitted to a popular vote at an election, including, but not limited to, a question submitted or intended to be submitted by way of initiative, referendum, recall, or judicial retention, whether or not it qualifies for the ballot. See Nebraska Statutes 49-1405
- Ballot question committee: shall mean any committee acting in support of, or in opposition to, the qualification, passage, or defeat of a ballot question but which does not receive contributions or make expenditures or contributions for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate. See Nebraska Statutes 49-1406
- Commission: shall mean the Nebraska Accountability and Disclosure Commission created by section 49-14,105. See Nebraska Statutes 49-1412
- Expenditure: shall mean a payment, donation, loan, pledge, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question. See Nebraska Statutes 49-1419
- Expenditure shall: include a contribution or a transfer of anything of ascertainable monetary value for purposes of influencing the nomination or election of any candidate or the qualification, passage, or defeat of a ballot question. See Nebraska Statutes 49-1419
- Month: shall mean calendar month. See Nebraska Statutes 49-801
- Person: shall mean a business, individual, proprietorship, firm, partnership, limited liability company, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or other organization or group of persons acting jointly. See Nebraska Statutes 49-1438
(2) An expenditure shall not be made, other than for overhead or normal operating expenses, by a person gathering petition signatures on behalf of or for the benefit of a person, including a ballot question committee, unless the expenditure is reported by the ballot question committee as if the expenditure were made directly by the committee, or unless the person gathering petition signatures files an agent’s expenditure report as provided in subsection (3) of this section. The person gathering petition signatures shall make known to the committee all information required to be reported by the committee. For purposes of this section, petition signature means a signature affixed to a petition for the purpose of qualifying a ballot question to appear on a ballot. Any person violating this subsection shall be guilty of a Class III misdemeanor.
(3) A person gathering petition signatures, an agent, or an independent contractor who is required to file an agent’s report shall file a separate agent’s report for each person on whose behalf an expenditure is made. An agent’s report shall be filed with the commission within ten days after the end of the calendar month in which the expenditure is made. An agent’s report shall include:
(a) The name, permanent address, temporary address, permanent telephone number, and temporary telephone number of the person making expenditures for the purpose of gathering signatures, the agent, or the independent contractor;
(b) The name, address, and telephone number of the person on whose behalf the expenditure is made;
(c) The name, permanent address, and temporary address of the person to whom the expenditure is made, except that if the expenditure is solely for the services of an individual circulating petitions, such individual’s name and address shall not be included;
(d) The date and amount of each expenditure; and
(e) A description of the goods or services purchased and the purpose of the goods or services.
(4) A person required to report under subsection (3) of this section shall include in the report the total amount paid to individual petition circulators during the reporting period but shall not include the name, address, or telephone number of any individual petition circulator if the only payment made to such individual was for services as a petition circulator.
Source
- Laws 1976, LB 987, § 78;
- Laws 1977, LB 41, § 51;
- Laws 1997, LB 49, § 9;
- Laws 2008, LB39, § 7.