N.R.S. 293.1755 - Residency requirements for candidates; unlawful for candidates to make certain false statements; certain offices excepted from residency requirements
Overview of Statute
This section governs the residency requirements for candidates.
Statute
1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy for the office which the person seeks, the person has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or will represent.
2. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. The provisions of this section do not apply to candidates for the office of district attorney.
(Added to NRS by 1975, 617; A 1983, 1103; 1989, 2161; 1997, 3447; 1999, 2151; 2001, 673; 2017, c.502; 2019, c.546.)
1. Definition for 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.
2. Definition for 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.
3. Definition for Candidate
Any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.
Cases
Nevada Cases
Case Name: State ex rel. Masto v. Montero
Citation: 124 Nev. 573, 188 P.3d 47
Year: 2008
Case URL: https://www.ravellaw.com/opinions/9221c0ca2415b6f460b642efb442520f?query=cortez%[...]
Case Summary:
- Nevada law imposes a state residency requirement for district judge candidates, not a district residency requirement.
Case Name: Chachas v. Miller
Citation: 120 Nev. 51, 83 P.3d 827
Year: 2004
Case URL: https://www.ravellaw.com/opinions/0a9281bda2425c51b41479dbf6dd656e?query=Chachas[...]
Case Summary:
- A candidate's absence from a physical residence, regardless of his intent to return, must be considered in determining actual residence.
Case Name: Williams v. Clark County Dist. Att’y
Citation: 118 Nev. 473, 50 P.3d 536
Year: 2002
Case URL: https://www.ravellaw.com/opinions/dd63ff0bd335c935f81bdb8f86dd3e2c?query=50%20P.[...]
Case Summary:
- A candidate must have both actual residence and legal domicile in pertinent area.
- Facts indicated candidate did not have legal domicile in appropriate county commission district.
- Computation of period for deadline for filing challenge regarding qualification of candidate: Application of rules of civil procedure; exclusion of certain days.
- Filing of challenge: Requirement to attach documentation and supporting evidence demands only substantial compliance.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 87-13 (1987) If a vacancy occurs in the office of justice of the peace and the county commissioners elect, pursuant to NRS 4.150, to fill the vacancy by appointment, the residency restrictions of NRS 281.050 and 293.1755 do not apply to applicants for appointment and the county commissioners need only appoint a "suitable person" (see NRS 4.150 and 245.170) which means one who is a qualified elector meeting the qualifications set forth in Nev. Art. 2, section 1. Residence within the township to which the office pertains is unnecessary for appointment to that office. For the purposes of NRS ch. 293, a justice of the peace is a township officer (see NRS 293.193), therefore, a candidate for election to the office of justice of the peace must, puruant to NRS 293.1755, be a resident of the particular township to which the office pertains at least 30 days before close of filing of a declaration of candidacy. If a candidate moves from the township subsequent to filing a declaration of candidacy, a vacancy is created. (See NRS 281.050)
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AGO 2002-17 (2002) Pursuant to Schaefer v. Townsend, 215 F.3d 1031 (9th Cir. 2000), a state may not require a candidate for election to the U.S. House of Representatives to establish state residency as a prerequisite to his election. Pursuant to U.S. Term Limits, Inc. v. Thornton, 115 S.Ct. 1842 (1995), a state does not possess the authority to add to the Qualifications Clause (U.S. Art. I, section 2, clause 2, and U.S. Art. I, section 3, clause 3) of the U.S. Constitution. Thus, to the extent that the constitution (see Nev. Art. 2, section 1 and Nev. Art. 15, section 3) and statutes (see NRS 293.1755) of this state impose a residency requirement before a person may be a candidate for election to the U.S. Senate or U.S. House of Representatives, those provisions are unconstitutional.