NRS293.541. Additional circumstances in which county clerk is required to cancel registration of voter; notice to voter; exception to notice requirement if insufficient time exists before election; voting after execution of affidavit of cancellation; separation of ballots.  


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  •       1.  The county clerk shall cancel the registration of a voter if:

          (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the registration concerning the identity or residence of the 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 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 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 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 voter’s registration.

          3.  If insufficient time exists before a pending election to provide the notice required by subsection 2, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

          (a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the election board register.

          (b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the election board register.

          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 election board register.

          5.  If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the 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 issued pursuant to NRS 293.517 does not provide proof of the:

          (a) Address at which a person actually resides; or

          (b) Residence or identity of a person.

      (Added to NRS by 2003, 2173; A 2007, 1164)