N.R.S. 293.540 - Circumstances in which county clerk is required to cancel preregistration or registration of voter
Overview of Statute
This section provides circumstances where a county clerk is required to cancel a voters registration.
Statute
1. The county clerk shall cancel the preregistration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.
(b) At the request of the person.
(c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.
(d) As required by NRS 293.541.
(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.
2. The county clerk shall cancel the registration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.
(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
(c) Upon the determination that the person has been convicted of a felony and is currently serving a term of imprisonment.
(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
(e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.
(f) At the request of the person.
(g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.
(h) As required by NRS 293.541.
(i) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.
(Added to NRS by 1960, 275; A 1961, 295; 1967, 862; 1991, 1686, 2224; 1993, 2196; 1995, 2279; 2003, 2185; 2005, 2289; 2013, 59; 2017, 3864; 2019, c.255.)
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 Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
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 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 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.
Cases
Nevada Cases
Case Name: Nevada Mining Ass’n v. Erdoes
Citation: 117 Nev. 531, at 536, 26 P.3d 753
Year: 2001
Case URL: https://www.ravellaw.com/opinions/7e885c7390bbbf43caef4217eb05ca90?query=Nevada%[...]
Case Summary:
- Mandamus does not lie to compel removal of names of military personnel from registration rolls on the ground that personnel are not bona fide residents.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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Elector An elector who has no political affiliations and is registered as a nonpartisan may re-register after the general election to affiliate with a political party and thereby qualify to become a candidate of such party at the next primary election.
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AGO 213 (1956) A nonpartisan elected as a Democratic nominee in the primaries who registers as a Democrat after the primaries is still entitled to have his name on the general election ballot until the court declares otherwise. Neither the county commissioners nor the county clerk have the power to withhold his name from the ballot.
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AGO 3 (1985) 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 means available (see NRS 293.530).
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AGO 87-15 (1987) A registered voter, who has changed his name before the close of registration but failed to register his change of name until after the close of registration, may vote in the ensuing election notwithstanding NRS 293.540 which provides that an elector who changes his name is not eligible to vote unless he registers.