N.R.S. 293.547 - Written challenges
Overview of Statute
This section provides for written challenges.
Statute
1. After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He or she is registered to vote in the same precinct as the person whose right to vote is challenged; and
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall:
(a) File the challenge in the registrar of voters’ register and:
(1) In counties where records of registration are not kept by computer, he or she shall attach a copy of the challenge to the challenged registration in the roster.
(2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the roster.
(b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing the person of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel the person’s registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.
6. Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.
(Added to NRS by 1960, 276; A 1973, 350; 1975, 943; 1985, 563; 1991, 2225; 1999, 1395, 2161; 2001, 90, 91; 2007, 2604; 2015, 3162)
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 Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
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 Roster
The record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.
See Nev. Rev. Stat. § 293.095.
6. 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.
7. Definition for Precinct
The smallest voting area in a political subdivision.
See Nev. Rev. Stat. § 293.077.
Cases
Nevada Cases
Case Name: State ex rel. Conklin v. Buckingham
Citation: 58 Nev. 450, 83 P.2d 462
Year: 1938
Case URL: https://www.ravellaw.com/opinions/cbccac033c412706bca6cecd2b39bb53?query=State%2[...]
Case Summary:
- Statute provides appropriate remedy for removal of names of voters alleged not to be bona fide residents because present on military duty; mandamus will not issue.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO B957 (1950) An inspector of an election may challenge the right of a person to vote under the provisions of NCL section 2382 (cf. NRS 293.547).
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AGO B965 (1950) Former NRS 292.440 (cf. NRS 293.547) provides ample opportunity to those who desire to challenge any registered voters before election day.
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AGO 412 (1958) Under the provisions of the Nevada election law relating to a challenge of a person's right to vote (see former NRS 292.440, 292.580 and 296.255; cf. NRS 293.303 and 293.547), the challenge in and of itself does not disqualify a person. It is an examination of the polls after the challenge that determines the qualifications of the voter. Therefore a challenge of an absent voter is of no effect unless the absent voter returns to the polls for examination.
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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.