Nevada Revised Statutes 293.541 – Additional circumstances in which county clerk is required to cancel preregistration or registration; notice; exception to notice requirement if insufficient time exists before election; voting after execution of aff…
1. The county clerk shall cancel the preregistration of a person or the registration of a voter if:
Terms Used In Nevada Revised Statutes 293.541
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent;
(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and
(c) The person or voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the person’s preregistration or the voter’s registration, as applicable.
3. If insufficient time exists before a pending election to provide the notice required by subsection 2 to a registered voter, the county clerk shall execute an affidavit of cancellation and attach a copy of the affidavit of cancellation in the roster.
4. If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:
(a) Official identification which contains a photograph of the voter, including, without limitation, a driver’s license or other official document; and
(b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.
5. If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and a mail ballot is received from the voter, the mail ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.
6. For the purposes of this section, a voter registration card does not provide proof of the:
(a) Address at which a person actually resides; or
(b) Residence or identity of a person.