N.R.S. 293.535 - Challenges alleging that registered voter is not citizen of United States or has abandoned residence in county; notice to registrant; procedure; cancellation; other challenges not precluded
Overview of Statute
This section provides for the cancellation of registration.
Statute
1. The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with the county clerk stating that:
(a) The registrant is not a citizen of the United States; or
(b) The registrant has:
(1) Moved outside the boundaries of the county where he or she is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his or her residence in the county where registered; and
(2) Established residence in some other state, territory or foreign country, or in some other county of this state, naming the place.
The affiant must state that he or she has personal knowledge of the facts set forth in the affidavit.
2. Upon the filing of an affidavit pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel the registration.
3. An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel the registration.
4. The provisions of this section do not prevent the challenge provided for in NRS 293.303 or 293C.292.
5. A county clerk is not required to take any action pursuant to this section in relation to a person who is preregistered 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, 275; A 1969, 95; 1995, 2278; 1997, 3467; 2017, 3863; 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 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.
3. 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.
4. 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.
5. 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.
6. 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 422 (1958) Under former NRS 292.140, 292.440, 292.450 and 292.510 (cf. NRS 293.500, 293.535, 293.537, 293.545 and 293.547), relating to registration of voters and challenging and cancelling of such registration, the intent of the legislature is to keep upon the rolls only those registrants whose affirmative conduct shows an interest in exercising the privileges of an elector. Under former NRS 292.510 (cf. NRS 293.535), which provides for cancellation of the registration of a registered voter 15 days after the voter has been notified by registered mail of an affidavit on file alleging that the registered voter has abandoned residence within the county, the 15-day period runs from the day the registered voter has received or refused the letter. When a county clerk, under former NRS 292.510 (cf. NRS 293.535), notifies a registered voter of an affidavit on file alleging that the voter has abandoned residence in the county, the voter defaults by accepting the notice and failing to reply or by refusing to accept the notice. When a county clerk, under former NRS 292.510 (cf. NRS 293.535), notifies a registered voter of an affidavit on file alleging that the voter has abandoned residence in the county, the notice shifts the burden of proof to the registered voter.. The registered voter may carry the burden of proof by supplying affidavits regarding his place of abode and domiciliary intent and other relevant evidentiary facts. Where a registered voter applies for an absent ballot under former NRS 300.020 (cf. NRS 293.315) and an affidavit alleging abandonment of residence is filed under former NRS 292.510 (cf. NRS 293.535), the county clerk is not required to mail the absent voter's ballot (see NRS 293.323) until receipt of evidence refuting the affidavit.