NRS293.547. Written challenges.  


Latest version.
  •       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 election board register.

                 (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 election board register.

          (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)