Code Section
Nevada > Statutes > Voter Preregistration and Registration Generally; Registrars

N.R.S. 293.495 - Presumption of intention to abandon residence

Overview of Statute

This section provides the presumption of intention to abandon residence.


If a person having a fixed and permanent home in this State breaks up such home and removes to another state, territory or foreign country, the intent to abandon his or her residence in this State shall be presumed, and the burden shall be upon the person to prove the contrary. The same rule shall apply when a person removes from one county to another within the State, or from one precinct to another within the county.

      (Added to NRS by 1960, 272)

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

See Nev. Rev. Stat. § 293D.080.

Definition [Person]

1.  A natural person;

2.  Any form of business or social organization;

3.  Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or

4.  A government, governmental agency or political subdivision of a government.

See Nev. Rev. Stat. § 294A.009.

Definition [Precinct]

The smallest voting area in a political subdivision.

See Nev. Rev. Stat. §  293.077.

Regulations & Guidance

Attorney General's Opinions

  • AGO 412 (1958) Where a county clerk has a challenge to a person's qualifications as a voter on file and such person thereafter makes an application for an absent ballot, the county clerk shall determine, pursuant to NRS 293.320 and former NRS 292.120 (cf. NRS 293.495), the applicant's intention to abandon residence and thereupon advise the applicant of the necessity to furnish proof of electoral qualifications before being entitled to an absent ballot. However, if there is insufficient time for such communication and offer of proof, a ballot must be released to the applicant.

  • AGO 84 (1959) Under former NRS 292.120 (cf. NRS 293.495), relating to the presumption of intention to abandon residence, where a resident was in the U.S. military service from 1935 to 1956, entered the U.S. civil service immediately thereafter and had not registered to vote in Nevada since 1953, he had not sufficiently proven his intention to remain a Nevada resident in order to permit his child to secure the benefit of free tuition at a state university as provided by NRS 396.540.