N.R.S. 293.487 - When residence not gained or lost
Overview of Statute
This section provides for when residence is not gained or lost in certain situations.
Statute
No person may gain or lose residence by reason of his or her presence or absence while:
1. Employed in the military, naval or civil service of the United States or of the State of Nevada, or while engaged in the navigation of the waters of the United States or of the high seas or while married to another person who is so employed or engaged;
2. A student at any seminary or other institution of learning; or
3. An inmate of any public institution.
(Added to NRS by 1960, 272; A 2011, 3285)
1. Definition for Service of the United States
The Armed Forces of the United States and the auxiliaries thereof, the United States Coast Guard, the merchant marine service of the United States, civilian employment by the Federal Government beyond the boundaries of the State of Nevada, and religious groups and welfare agencies officially attached to and serving with the Armed Forces of the United States.
See Nev. Rev. Stat. § 293.105.
2. 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.
3. 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.
Regulations & Guidance
Attorney General's Opinions
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AGO (1898) Under provisions of Nev. Art. 2, section 2, no change of residence entitling a person to vote in any place other than the place in which he was last entitled to vote at the time of entering the service of the United States, or becoming an inmate of any almshouse or asylum where he is kept at public expense, can or does take place.
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AGO (1912) Residence for the purpose of registration and voting is not lost by reason of a temporary absence while attending to the duties of the public office.
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AGO 168 (1920) Although a student does not lose his residence while absent attending a university, he has the right to assert a claim to a different residence and if he registers at the place where attending school it will be recognized as valid.
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AGO 316 (1928) The provisions of Nev. Art. 2 section 2, do not prohibit the persons named from qualifying as electors, if a person manifests an intention of claiming residence and fully complies with the requirements of the law; but a mere presence within the state is insufficient to constitute residence for the purpose of registration and voting. Accordingly, a federal officer or employee residing on an Indian reservation may qualify as an elector.
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AGO 220 (1936) The term "residence" as used in the statutes defining who shall have the right to vote, comprehends not only a physical presence but a definite intention to make the state and county his home. Since the presence of members of the Civilian Conservation Corps in the state depends wholly upon the authorities in command and they are not free to change their place of abode, the fact of presence in the state does not evidence an intention on their part to make the legal residence within the state and is not in itself sufficient to constitute residence to authorize registration and voting.
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AGO 276 (1962) Notwithstanding the constitutional provision, Nev. Art. 2 section 2, and NRS 293.487 to effect that residence for voting purposes is not gained by reason of presence while employed in the service of the United States, a member of the Armed Forces stationed in Nevada who entered such service while a resident of another state may, with the required intention to make Nevada his domicile and clear proof thereof, establish his residence in Nevada for voting purposes.
Additional Resources
NRS Cross References
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Limitations on loss of residence, Const. Art. 2, section 2.