N.R.S. 293.530 - Authority of county clerk to correct statewide voter registration list, determine whether residence is accurate and make investigations of registration; duty of county clerk to cancel registration under certain circumstances, maintain records regarding notices of cancellation and designate voter as inactive; regulations
Overview of Statute
This section provides for the correction of the statewide voter registration list.
Statute
1. Except as otherwise provided in NRS 293.541:
(a) County clerks may use any reliable and reasonable means available to correct the portions of the statewide voter registration list which are relevant to the county clerks and to determine whether a registered voter’s current residence is other than that indicated on the voter’s application to register to vote.
(b) A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.
(c) A county clerk shall cancel the registration of a voter pursuant to this subsection if:
(1) The county clerk mails a written notice to the voter which the United States Postal Service is required to forward;
(2) The county clerk mails a return postcard with the notice which has a place for the voter to write his or her new address, is addressed to the county clerk and has postage guaranteed;
(3) The voter does not respond; and
(4) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.
(d) For the purposes of this subsection, the date of the notice is deemed to be 3 days after it is mailed.
(e) The county clerk shall maintain records of:
(1) Any notice mailed pursuant to paragraph (c);
(2) Any response to such notice; and
(3) Whether a person to whom a notice is mailed appears to vote in an election,
for not less than 2 years after creation.
(f) The county clerk shall use any postcards which are returned to correct the portions of the statewide voter registration list which are relevant to the county clerk.
(g) If a voter fails to return the postcard mailed pursuant to paragraph (c) within 30 days, the county clerk shall designate the voter as inactive on the voter’s application to register to vote.
(h) The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to paragraph (g).
(i) If:
(1) The name of a voter is added to the statewide voter registration list pursuant to NRS 293.5752; or
(2) The voter registration information of a voter whose name is on the statewide voter registration list is updated pursuant to NRS 293.5752,
the county clerk shall provide written notice of the addition or change to the voter not later than 5 working days after the addition or change is made. Except as otherwise provided in this paragraph, the notice must be mailed to the current residence of the voter. The county clerk may send the notice by electronic mail if the voter confirms the validity of the electronic main address to which the notice will be sent by responding to a confirmation inquiry sent to that electronic mail address. Such a confirmation inquiry must be sent for each notice sent pursuant to this paragraph.
2. A county clerk is not required to take any action pursuant to this section in relation to a person who preregisters to vote until the person is deemed to be registered to vote pursuant to subsection 2 of NRS 293.4855.
(Added to NRS by 1960, 274; A 1979, 1394; 1987, 1590; 1989, 2169; 1995, 2277; 2003, 2184; 2017, 3862; 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 General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
4. Definition for Statewide voter registration list
The list of registered voters established and maintained pursuant to NRS 293.675.
See Nev. Rev. Stat. § 293.111.
5. 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.
6. 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.
7. 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.
8. Definition for Board
As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
See Nev. Rev. Stat. § 295.075.
9. 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.
10. Definition for Canvass
A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
See Nev. Rev. Stat. § 293.032.
Regulations & Guidance
Administrative Regulations
Attorney General's Opinions
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AGO 3 (1985) A county clerk may, pursuant to NRS 293.530, use all reasonable and reliable sources of information, including questionnaires mailed to prospective jurors, to correct the official lists of registered voters if approved investigative procedures are used to ensure reliability when warranted. A county clerk is not required to give notice to a voter whose registration is cancelled pursuant to subsection 9 of NRS 293.540, which requires a clerk to cancel an affidavit of registration when he has discovered an incorrect registration using any reliable and reasonable available (see NRS 293.530).