N.R.S. 293.517 - Authorized methods of preregistration and registration; requirements for application; change of name; issuance of voter registration card; objection to application by county clerk under certain circumstances
Overview of Statute
This section provides the authorized methods of registration of electors.
Statute
1. Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:
(a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;
(b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.5727 or 293.5742 or chapter 293D of NRS;
(d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237;
(e) By submitting an application to preregister or register to vote by computer using the system:
(1) Established by the Secretary of State pursuant to NRS 293.671; or
(2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters; or
(f) By any other method authorized by the provisions of this title.
The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.
2. In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to NRS 5772 to 293.5887, inclusive.
3. Except as otherwise provided in NRS 293.5732 to 293.5757, inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.
4. Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.
5. A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;
(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;
(d) At any voter registration agency; or
(e) By submitting an application to preregister or register to vote by computer using the system:
(1) Established by the Secretary of State pursuant to NRS 293.671; or
(2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.
If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.
6. Except as otherwise provided in subsection 8, and NRS 293.5742 to 293.5757, inclusive, 293.5767 and 293.5772 to 293.5887, inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.
7. After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter.
8. If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:
(a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485; and
(b) The county clerk should proceed to process the application.
9. If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855.
(Added to NRS by 1960, 274; A 1983, 1289; 1985, 562; 1989, 2168; 1991, 1684; 1993, 2192; 1995, 2272; 1997, 764, 3466; 2003, 1720, 2180; 2007, 1163, 2603; 2011, 1925, 2094; 2017, 3856; 2019, c.619.)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. Definition for Provisional ballot
A ballot voted by a person pursuant to NRS 293.3081 to 293.3086, inclusive.
See Nev. Rev. Stat. § 293.082.
3. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
4. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
5. 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.
6. Definition for Ballot
The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.
See Nev. Rev. Stat. § 293.025.
7. 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.
8. Definition for Elector
A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.
See Nev. Rev. Stat. § 293.055.
Regulations & Guidance
Attorney General's Opinions
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AGO 193 (1918) Registration taken by the county clerk or a deputy registrar is valid regardless of where taken within the county.
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AGO 202 (1918) A woman is not required to giver her exact age in order to register, provided the registrar is satisfied the applicant is over 21 years of age.
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AGO 143 (1922) A person can only register by actually appearing in person before the county clerk or before a qualified deputy registrar within the county where he resides. The legislature has not provided any method whereby absentees may be registered. (But see NRS 293.553 and 293.555.)
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AGO 155 (1924) A Chinese person, born in China, whose father was an American citizen, is a citizen of the United States; and, if otherwise qualified, is entitled to register to vote.
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AGO 93-12 (1993) Under NRS 293.517, which provides the manner of registering the name of a married female elector and requires a change of registration upon a change of name, and NRS 293.177, which requires a declaration of candidacy to include an averment of registration, a married woman must file as a candidate using her own given name and her husband's surname, but may insert her maiden name for identification.
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AGO 311 (1966) Under NRS 293.517, which requires an elector in completing an affidavit of registration to give true and satisfactory answers, registration under an assumed name would not be valid, and a person so registered could not meet the requirements of NRS 293.177 for candidacy for public office.
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AGO 93-12 (1993) A woman has the right to retain her maiden name after marriage, and a woman's surname does not automatically change by operation of law upon marriage. Therefore, where a woman chooses not to change her surname after marriage and where her surname for voting purposes remains the same both before and after marriage, the provisions of NRS 293.517 requiring re-registration of a person after a name change do not automatically require a woman to re-register to vote after marriage.
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AGO 98-31 (1998) Before an elector may register to vote, he must, pursuant to NRS 293.517, submit "official" identification as proof of residence and identity, which means some form of government documentation, such as a driver's license, social security card, or identification card issued by the department of motor vehicles and public safety (now the department of motor vehicles). In contrast, if a registered voter is challenged pursuant to NRS 293.303 on the ground that he does not reside at the address listed in the election board register (now roster as defined in NRS 293.095), he must only furnish "satisfactory" identification which contains proof of the address at which he actually resides. However, a rent receipt for the place of business of a challenged voter that is furnished by the challenged voter as proof of residency is not satisfactory proof of the address at which the voter actually resides and, to overcome the challenge, the voter must also prove that he actually resides at that place of business.
Additional Resources
Notes from "State of Nevada Elections 2015," published on January 1, 2016, by Barbara K. Cegavske, Nevada Secretary of State
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Ch. 608, Stats. 1995, the source of the amendatory provisions which replace the references in chapters 293, 318 and 474 of NRS to "affidavits of registration" with references to "applications to register to vote," contains the following provisions not included in NRS: "The legislature hereby declares that the purpose of this act is to conform the procedures for registering to vote in this State with the procedures set forth in the National Voter Registration Act, Public Law No. 103-31, for federal elections and to cause all future amendments to conform to that Act and all related subsequent federal laws."
NRS Cross References
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Uniformed Military and Overseas Absentee Voters Act, NRS ch. 293D.