N.R.S. 304.050 – Election
Overview of Statute
This section governs the number of Representatives in Congress the State of Nevada elects.
Statute
1. At the general election in each even-numbered year, there shall be elected the number of Representatives in the Congress of the United States to which the State of Nevada is entitled.
2. Representatives in Congress shall be elected by the registered voters of their respective districts.
(Added to NRS by 1960, 282)
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
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 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.
Regulations & Guidance
Attorney General's Opinions
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AGO 2002-17 (2002) Pursuant to Schaefer v. Townsend, 215 F.3d 1031 (9th Cir. 2000), a state may not require a candidate for election to the U.S. House of Representatives to establish state residency as a prerequisite to his election. Pursuant to U.S. Term Limits, Inc. v. Thornton, 115 S.Ct. 1842 (1995), a state does not possess the authority to add to the Qualifications Clause (U.S. Art. I, § 2, cl. 2, and U.S. Art. I, § 3, cl. 3) of the U.S. Constitution. Thus, to the extent that the constitution (see Nev. Art. 2, § 1, and Nev. Art. 15, § 3) and statutes (see NRS 293.1755) of this state impose a residency requirement before a person may be a candidate for election to the U.S. Senate or U.S. House of Representatives, those provisions are unconstitutional.