[Amended in 1880, 1886, 1914, 1970 and 1971. The first amendment was proposed and passed by the 1877 legislature; agreed to and passed by the 1879 legislature; and approved and ratified by the people at the 1880 general election. See: Statutes of Nevada 1877, p. 213; Statutes of Nevada 1879, p. 149. The second amendment was approved and ratified by the people at the 1886 general election, but no entry of the proposed amendment had been made upon the journal of either house of the legislature, and such omission was fatal to the adoption of the amendment. See: State ex rel. Stevenson v. Tufly, 19 Nev. 391 (1887). The third amendment was proposed and passed by the 1911 legislature; agreed to and passed by the 1913 legislature; and approved and ratified by the people at the 1914 general election. See: Statutes of Nevada 1911, p. 457; Statutes of Nevada 1913, p. 581. The fourth amendment was proposed and passed by the 1967 legislature; agreed to and passed by the 1969 legislature; and approved and ratified by the people at the 1970 general election. See: Statutes of Nevada 1967, p. 1827; Statutes of Nevada 1969, p. 1657. The fifth amendment was proposed and passed by the 1969 legislature; agreed to and passed by the 1971 legislature; and approved and ratified by the people at a special election held on June 8, 1971. See: Statutes of Nevada 1969, p. 1685; Statutes of Nevada 1971, p. 2263.]

Nevada Constitutional Debates and Proceedings, pp. 70-73, 80-104, 243-246, 253, 271, 272, 467, 493, 785, 835.

Elections ! 1.

WESTLAW Topic No. 144.

C.J.S. Elections §§ 1, 2.

NEVADA CASES.

Only oaths legislature may constitutionally require are those necessary as tests of electoral qualification. Where plaintiff in election contest offered to prove that defendant was elected by votes of persons who were allowed to register and vote without taking statutory oath of loyalty to U.S. Constitution and Government, evidence was properly excluded, because statute required oath to be taken in addition to other qualifications prescribed by law, but the only oaths which legislature may constitutionally require under Nev. Art. 2, § 6, are those necessary as tests of electoral qualifications of Nev. Art. 2, § 1. Clayton v. Harris, 7 Nev. 64 (1871)

Legislature has no power to change qualifications of voter as prescribed by constitution. Any citizen possessing qualifications of elector, as declared in Nev. Art. 2, § 1, and who is not disqualified by any of the provisions thereof, is entitled to right of suffrage. Legislature has no power to deny, abridge, extend or change qualifications of voter as prescribed by constitution. State ex rel. Whitney v. Findlay, 20 Nev. 198, 19 Pac. 241 (1888), cited, State ex rel. Boyle v. State Bd. of Examiners, 21 Nev. 67, at 69, 24 Pac. 614 (1890), State ex rel. Riggle v. Brodigan, 37 Nev. 492, at 506, 143 Pac. 238 (1914), dissenting opinion, Caton v. Frank, 56 Nev. 56, at 66, 44 P.2d 521 (1935), State ex rel. Schur v. Payne, 57 Nev. 286, at 292, 63 P.2d 921 (1937), Cirac v. Lander County, 95 Nev. 723, at 730, 602 P.2d 1012 (1979), distinguished, Riter v. Douglass, 32 Nev. 400, at 438, 109 Pac. 444 (1910)

Statute prohibiting Mormons from voting violated constitution. Statute prohibiting Mormons from voting and requiring applicants for registration to take oath that they are not members of Mormon church is in direct violation of Nev. Art. 2, § 1, and is not authorized by Nev. Art. 2, § 6, requiring provision to be made by law for registration. State ex rel. Whitney v. Findlay, 20 Nev. 198, 19 Pac. 241 (1888), distinguished, Riter v. Douglass, 32 Nev. 400, at 438, 109 Pac. 444 (1910)

Qualifications of elector cannot be altered or impaired by legislature. Qualifications of elector are prescribed by Nev. Art. 2, § 1, and cannot be altered or impaired by legislature. State ex rel. Boyle v. State Bd. of Examiners, 21 Nev. 67, 24 Pac. 614 (1890), cited, State ex rel. Riggle v. Brodigan, 37 Nev. 492, at 506, 143 Pac. 238 (1914), dissenting opinion, Caton v. Frank, 56 Nev. 56, at 66, 44 P.2d 521 (1935)

Election which disenfranchised new voters by using last official registration as test for qualification of voters was not unconstitutional without showing that disenfranchised voters would have changed election outcome. Where questions concerning bond issue for Reno city waterworks were submitted to electors of city pursuant to statute, and election was challenged in quo warranto proceedings on ground that adoption of last official registration as test for qualification of voters disfranchised those who had become voters since last election, election was not in violation of Nev. Art. 2, § 1, relating to qualifications for voters, in absence of showing that result would have been different were it not for disfranchisement. State ex rel. Fletcher v. Ruhe, 24 Nev. 251, 52 Pac. 274 (1898), cited, Carville v. McBride, 45 Nev. 305, at 312, 202 Pac. 802 (1922)

Statute may not add qualifications. Nev. Art. 2, § 6, authorizes and requires legislature to provide by law for registration of all persons who possess prescribed qualifications of electors, but it does not authorize legislature to impose any conditions on right of registration other than prescribed qualifications of electors under Nev. Art. 2, § 1. State ex rel. Wilson v. Stone, 24 Nev. 308, 53 Pac. 497 (1898)

Where election precincts were not properly established and bounded, elector could register at any polling place in same county. Nev. Art. 2, § 1, provides that 6 months' residence in state and 30 days' residence in district or county entitles every person to vote, and where statute provided that it was duty of boards of county commissioners to establish defined election precincts, in county where election precincts were not properly established and bounded, elector was properly registered by any registry agent and legally able to have his registration certificate registered at any polling place in same county before delivery of certified copy of register to inspectors of election. State ex rel. McMillan v. Sadler, 25 Nev. 131, 58 Pac. 284, 59 Pac. 546, 63 Pac. 128 (1899)

Assemblymen and state senators are elected by their districts. Although Nev. Art. 2, § 1, provides that qualified voters may vote for all officers including state assemblymen and state senators elected by people, no elector claims to exercise such right, because Nev. Art. 4, §§ 3 and 4, provide that assemblymen and senators be elected from their districts. State ex rel. McMillan v. Sadler, 25 Nev. 131, 58 Pac. 284, 59 Pac. 546, 63 Pac. 128 (1899)

Legislature cannot violate constitutional provision defining who is entitled to right to suffrage. Nevada legislature is authorized by direct constitutional authority (1) to make provision for registration of electors, (2) to make provision as to who shall be entitled to vote, (3) to make provision to preserve purity of elections, (4) to make provision for manner of holding elections, (5) to make provision for manner of making returns, (6) to prescribe any rule which may be deemed necessary as test of electoral qualifications. The only limitation is that legislature cannot violate Nev. Art. 2, § 1, which provides who are entitled to right of suffrage. Riter v. Douglass, 32 Nev. 400, 109 Pac. 444 (1910)

Constitution did not prevent legislature from enacting direct primary law. Nev. Art. 2, § 1, and Nev. Art. 2, § 6, gave full authority to legislature to pass all legislation necessary for general elections, and no provision of constitution prohibited legislature from enacting direct primary law so long as law conformed in other respects to Nevada constitution. Riter v. Douglass, 32 Nev. 400, 109 Pac. 444 (1910)

Women are qualified electors and may be grand jurors. Indictment found by grand jury consisting partly of women was valid, and contention that women are ineligible under constitution to serve as grand jurors was without merit because under Nev. Art. 4, § 27, providing that all qualified electors may serve on juries, and Nev. Art. 2, § 1, conferring right of electorship upon women, women are qualified electors and may be grand jurors. Parus v. District Court, 42 Nev. 229, 174 Pac. 706 (1918), cited, Caton v. Frank, 56 Nev. 56, at 64, 44 P.2d 521 (1935)

Right to vote is political privilege. Right to vote conferred by Nev. Art. 2, §§ 1 and 6, is political privilege and not inherent, unqualified, personal or political right. In re Walker River Irr. Dist., 44 Nev. 321, 195 Pac. 327 (1921)

Statute providing that anyone over 21 who holds title to land in irrigation district may vote in elections under irrigation district act was constitutional. Sec. 8, ch. 64, Stats. 1919 (cf. NRS 539.123), providing that anyone over 21 years of age who holds title to land situated in irrigation district may vote at any election held under provisions of irrigation district act, did not violate Nev. Art. 2, §§ 1 and 6, prohibiting imposition of property qualifications on right to vote, because districts organized under such statute are not political or governmental subdivisions of state, and the term "elections" in constitution does not embrace irrigation district elections. In re Walker River Irr. Dist., 44 Nev. 321, 195 Pac. 327 (1921), cited, Truckee-Carson Irr. Dist. v. McLean, 49 Nev. 278, at 287, 245 Pac. 285 (1926), Hard v. Depaoli, 56 Nev. 19, at 28, 41 P.2d 1054 (1935), Magee v. Whitacre, 60 Nev. 202, at 212, 96 P.2d 201 (1940), Truckee-Carson Irr. Dist. v. Baber, 80 Nev. 263, at 266, 392 P.2d 46 (1964), AGO 96-23 (8-9-1996)

Constitutional provision that all citizens may vote for all officers was not intended to apply to irrigation districts. Nev. Art. 2, § 1, providing that all citizens shall be entitled to vote for all officers who now or hereafter may be elected by the people, was not intended by framers of constitution to apply to irrigation district elections under ch. 64, Stats. 1919 (cf. NRS 539.010 et seq.), but only to elections required by constitution itself. In re Walker River Irr. Dist., 44 Nev. 321, 195 Pac. 327 (1921), cited, Carville v. McBride, 45 Nev. 305, at 316, 202 Pac. 802 (1922), Truckee-Carson Irr. Dist. v. McLean, 49 Nev. 278, at 287, 245 Pac. 285 (1926), Hard v. Depaoli, 56 Nev. 19, at 28, 41 P.2d 1054 (1935)

Organization of irrigation districts was constitutional. Ch. 64, Stats. 1919 (cf. NRS ch. 539), providing for organization of irrigation districts, is not violation of Nev. Art. 2, § 1, prescribing residential qualifications of electors, because irrigation districts are not political subdivisions of state, or created for political or governmental purposes, and term "elections" in that section of constitution is used in its restrictive political sense. In re Walker River Irr. Dist., 44 Nev. 321, 195 Pac. 327 (1921), cited, Truckee-Carson Irr. Dist. v. McLean, 49 Nev. 278, at 287, 245 Pac. 285 (1926), Magee v. Whitacre, 60 Nev. 202, at 212, 215, 96 P.2d 201 (1940), Truckee-Carson Irr. Dist. v. Baber, 80 Nev. 263, at 266, 392 P.2d 46 (1964), AGO 96-23 (8-9-1996)

Municipal charter that required voters in special bond election to be taxpayers held constitutional. Provision of municipal charter which requires as qualification to vote in special bond election that voter be taxpayer was not in derogation of Nev. Art. 2, § 1, which prescribes qualifications required to vote for all officers and upon all questions submitted to electors, because municipality, in transaction of bond election, was acting in its proprietary rather than its governmental capacity, and its activity was not controlled by constitutional provision. Carville v. McBride, 45 Nev. 305, 202 Pac. 802 (1922), cited, Hard v. Depaoli, 56 Nev. 19, at 28, 41 P.2d 1054 (1935)

Term "all officers" in section refers to officers provided for in constitution. Nev. Art. 2, § 1, which prescribes qualifications to vote for all officers and upon all questions, has reference to all officers and questions of governmental as distinguished from proprietary character, and term "all officers" refers to officers provided for in constitution. Carville v. McBride, 45 Nev. 305, 202 Pac. 802 (1922), cited, Hard v. Depaoli, 56 Nev. 19, at 28, 41 P.2d 1054 (1935)

Constitutional provision that plurality of election votes shall constitute choice was not applicable to municipal election on proposed bond issue. Nev. Art. 15, § 14, which provides that plurality of votes given at election by the people shall constitute choice, where not otherwise provided by constitution, complements Nev. Art. 2, § 1, which defines right to vote and qualifications of electors, and therefore does not apply to elections of type required by statute which provided that where municipality proposed to issue bonds, such proposal should be submitted at general or special election to electors involved who were not owners of real property, as well as to electors involved who were owners of real property. Hard v. Depaoli, 56 Nev. 19, 41 P.2d 1054 (1935)

Statute requiring that proposed state and municipal bond issues be submitted to vote by owners and nonowners of real property held not in conflict with constitution. Statute which provided that where state or any municipality therein proposed to issue bonds such proposal should be submitted to electors involved who were not real property owners, and to electors who were real property owners, was not in conflict either with Nev. Art. 2, § 1, which defines right to vote and qualifications of electors, or with Nev. Art. 2, § 6, which provides for registration of electors and prescribes test of electoral qualifications. Hard v. Depaoli, 56 Nev. 19, 41 P.2d 1054 (1935)

Legislative intent was that "qualified elector" was voter who had complied with registration laws. Where petition to amend city charter alleged that it had been signed by 60 percent of "qualified electors" of city, such petition was invalid under statute which authorized amendment of city charter upon petition signed by 60 percent of qualified voters of city, because whether "qualified electors" as used in Nev. Art. 2, § 1, and "qualified voters" as used in statute were synonymous depended entirely upon intention of legislature, and such intention was that signers of petition, in addition to being simply electors as provided in constitution, must have complied with registration laws, thereby becoming voters. Caton v. Frank, 56 Nev. 56, 44 P.3d 521 (1935), cited, State ex rel. Schur v. Payne, 57 Nev. 286, at 291, 63 P.2d 921 (1937), AGO 96-16 (6-25-1996)

Person must possess qualifications of elector and register in order to vote. In addition to possessing qualifications of elector prescribed in Nev. Art. 2, § 1, in order to be able to vote, person must register in compliance with statutes regulating registration of voters. Caton v. Frank, 56 Nev. 56, 44 P.2d 521 (1935), cited, State ex rel. Schur v. Payne, 57 Nev. 286, at 291, 63 P.2d 921 (1937), AGO 96-16 (6-25-1996)

Person who changed residence to township 30 days before general election was entitled to be candidate for justice of the peace. In defining residential requirements for electors, Nev. Art. 2, § 1, prescribes residence in state 6 months and residence in "district or county" 30 days next preceding general election, and even if word "district" were construed to include townships, person who changed his residence to township more than 30 days preceding general election was entitled to have his name printed on official ballots for general election as candidate for justice of the peace of township. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

Resident of county was entitled to be candidate for justice of the peace even though not resident of township. Under Nev. Art. 2, § 1, qualified elector must reside in state 6 months and in district or county 30 days next preceding general election, and Nev. Art. 15, § 3, which provides that no person who is not qualified elector shall be eligible to any office, does not place any additional residential limitations of eligibility of candidates for office, and candidate for justice of the peace who was resident of county was entitled to have his name printed on official ballots for general election, even though he was not resident of township. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

"District" was not intended to include any subdivision of less extent than county. In defining residential requirements for electors, Nev. Art. 2, § 1, prescribes residence in state 6 months and residence in "district or county" 30 days next preceding any election, and while not conclusive, order in which words "state," "district" and "county" are placed is some indication that "district" was not intended to include any subdivision of less extent than county. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

Qualified elector of county need not be resident of township when filing declaration of candidacy. One who filed declaration of candidacy for office of justice of the peace and was qualified elector of county, but not resident of township at time the declaration was filed, was entitled to have his name printed on official ballots for general election, because word "district" in Nev. Art. 2, § 1, relating to qualifications of electors, was not intended to be construed as including "township" within its meaning, and it was not necessary that candidate be resident of township when he filed his declaration of candidacy. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

"District" not intended to mean or include "township." Word "district" in Nev. Art. 2, § 1, relating to qualifications of electors, was not intended to mean "township," or to be construed as including "township" within its meaning. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

Person possessing qualifications of elector entitled to right of suffrage. Any person possessing qualifications of elector, as set forth in Nev. Art. 2, § 1, and who is not disqualified by any of its provisions, is entitled to right of suffrage, and it is not within power of legislature to deny, abridge, extend or change qualifications of elector as prescribed by state constitution. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937)

"Qualified elector" not necessarily same as qualified voter. In construing Nev. Art. 2, § 1 and Nev. Art. 15, § 3, the term "qualified elector" is not necessarily same as qualified voter. To be qualified voter, one must necessarily be qualified elector, but converse is not true. State ex rel. Schur v. Payne, 57 Nev. 286, 63 P.2d 921 (1937), cited, AGO 96-16 (6-25-1996)

Complaint seeking removal of district attorney for failure to prosecute person for voting without right of franchise was insufficient where complaint did not state where such allegedly illegal voter had been convicted of felony. Nev. Art. 2, § 1, provides that no person who has been convicted of felony in any state or territory of United States, unless restored to civil rights, shall be entitled to privileges of elector. Count of complaint seeking removal of district attorney for alleged neglect of duty or nonfeasance in office for failure to investigate or prosecute person for voting without right of franchise because he had allegedly been convicted of felony was insufficient where it did not indicate in which state or territory such person was convicted or what other information or evidence had been placed before district attorney. Jones v. Eighth Judicial Dist. Court, 67 Nev. 404, 219 P.2d 1055 (1950)

Minimum age requirement of 21 to hold legislative office not rendered unconstitutional by reduction of voting age to 18. Provisions of NRS 218.010, establishing minimum age of 21 years to qualify as candidate for legislative office, were not rendered unconstitutional by amendment to Nev. Art. 2, § 1, reducing voting age to 18, because Nev. Art. 4, § 5, requiring senators and members of assembly to be qualified electors established minimum qualifications only, and did not prevent legislature from prescribing additional reasonable qualifications. Mengelkamp v. List, 88 Nev. 542, 501 P.2d 1032 (1972), cited, MacDonald v. City of Henderson, 818 F. Supp. 303, at 305 (D. Nev. 1993)

Reduction in voting age to 18 years did not repeal by implication statute establishing minimum age of 21 years for eligibility for legislative office. Amendment of Nev. Art. 2, § 1, reducing minimum voting age to 18 years, did not work implied repeal of NRS 218.010, establishing minimum age of 21 years for eligibility to hold legislative office, because provisions were not irreconcilably repugnant to each other and reduction of voting age was not manifestation of intent to abolish age requirements for candidates for office. Mengelkamp v. List, 88 Nev. 542, 501 P.2d 1032 (1972)

FEDERAL AND OTHER CASES.

Place of business or post office address is not per se equivalent of residence. Person’s place of business or post office address is not per se the equivalent of his residence for purposes of Nev. Art. 2, § 1, and NRS 293.485, relating to qualifications of voters. De La Cruz v. Dufresne, 533 F. Supp. 145 (D. Nev. 1982)

Twelve-month residency requirement contained in city charter for person seeking seat on city council was not violative of section. Where plaintiff filed motion for preliminary injunction seeking to enjoin city from enforcing section of its charter which requires person running for city council to have been resident of city for at least 12 months before filing of candidacy for office, and where in support of motion plaintiff argued that, based on cumulative reading of Nev. Art. 2, § 1 and Nev. Art. 15, § 3, city was prevented from imposing residency requirement stricter than living 6 months within Nevada and 30 days within district in which representation is being sought, district court held that nothing in language of either Nev. Art. 2, § 1 or Nev. Art. 15, § 3 indicated that city, while acting in conjunction with legislature and governor, could not place reasonable residency requirements upon candidate running for its city council. Nevada legislature may impose reasonable qualifications on elector who desires to become candidate, and in order to be qualified elector under Nevada constitution, there is no requirement that person be qualified voter. District court therefore denied plaintiff's motion to enjoin imposition of 12-month residency requirement. MacDonald v. City of Henderson, 818 F. Supp. 303 (D. Nev. 1993) 

ATTORNEY GENERAL'S OPINIONS.

Act providing only qualified electors who are taxpayers may vote on bond issues is unconstitutional. Act providing that at special elections for bond issues or other means of raising revenue for counties, cities or school districts only qualified electors who are taxpayers may vote is unconstitutional. AGO 10 (3-16-1915)

Candidate for office need not be registered voter. Candidate for public office need not be registered voter, registration not being qualification of elector, but mere condition to right to vote. AGO 68 (3-30-1916)

Registration is not qualification of elector. Registration is not qualification of elector. AGO 180 (4-30-1918)

Residence on Indian reservation constitutes residence in State of Nevada. Residence within boundaries of Indian reservation constitutes residence in State of Nevada for purpose of qualifying Indians as electors, since U.S. citizenship is conferred by federal statute. AGO 247 (9-28-1926), see also AGO 166 (5-2-1974)

Residence on federal ammunition base does not disqualify person from voting. Residence within boundaries of federal ammunition base at Hawthorne does not disqualify person from registering and voting. AGO 90 (8-9-1932)

Deputy of public officer must be qualified elector. Deputy of public officer is public officer and must be elector under Nev. Art. 15, § 3. He must, therefore, be U.S. citizen 21 years of age or over, resident of state for 6 months and resident of district or county for 30 days. AGO B-66 (11-10-1941)

Punishment inflicted determines grade of offense not charge brought. In determining whether person is ineligible for public office because of conviction of felony, punishment inflicted determines grade of offense, not charge brought against him. AGO 62 (7-29-1943)

Meaning of "convicted of felony." Phrase "convicted of felony" in Nev. Art. 2, § 1, when relating to eligibility of person to public office, means that person must have been convicted of felony by judgment of court. Thus if court grants probation and then dismisses case, there has been no judgment of felony and officer is not disqualified. AGO 62 (7-29-1943)

Residence on Hawthorne Naval Ammunition Depot is not disqualification from voting. Residence within boundaries of Hawthorne Naval Ammunition Depot does not disqualify civilian to register and vote, despite cession of limited jurisdiction to United States. AGO 281 (3-29-1946)

Party candidate need not be registered voter. Party candidate need not be registered voter, registration not being a qualification to hold public office. AGO 327 (7-19-1946)

Changing party affiliation after general election prohibits candidacy in ensuing primary election. Person who changes political affiliation from one party to another by reregistering after general election may not be candidate of such party at ensuing primary election. AGO 898 (3-30-1950), cited, AGO B942 (8-9-1950)

Requirement of 5-year domicile in state preceding candidacy is unconstitutional. Requirement that candidate be domiciled in state for 5 years next preceding declaration or acceptance of candidacy imposes unconstitutional qualification upon seeking public office. AGO 311 (1-13-1954), cited, AGO 312 (1-21-1954)

Person meeting elector qualifications is qualified whether or not registered. Person meeting qualifications set forth in Nev. Art. 2, § 1, is qualified elector whether registered voter or not. AGO 146 (2-6-1956)

Right to hold office not coextensive with right to vote. Right to hold office is not coextensive with right to vote. AGO 186 (7-11-1956)

Right to vote is mere political privilege. Right to vote is mere political privilege and not inherent, unqualified personal right. AGO 375 (4-23-1958)

Qualified elector not same as qualified voter. Qualified elector is not same as qualified voter. Qualified voter, in addition to holding electoral qualifications, must also be registered to vote. AGO 376 (4-25-1958)

Provision limiting suffrage to persons over 21 years of age is unconstitutional. Provisions of Nev. Art. 2, § 1, limiting right of suffrage to persons 21 years of age and older, is unconstitutional and unenforceable as to national elections because in conflict with federal statute permitting persons 18 years of age and older to vote in elections for federal offices. County clerks must register persons 18 years of age and over who are otherwise qualified for purpose of voting in national elections only. AGO 2 (1-11-1971)

Qualified electors aged 18 to 20 may be elected to office for which no other qualifications are required. Under Nev. Art. 2, § 1 and Nev. Art. 15, § 3, persons aged 18 through 20 years who are qualified electors are eligible for election to any office for which no other qualifications are required, and may be elected to other offices if specific additional statutory qualifications are met. AGO 46 (10-12-1971)

Students aged 18 to 20 may register and vote where they attend school. Students and other citizens aged 18 through 20 are sui juris for all purposes related to voting and can establish legal residence for voting purposes separate and apart from their parents or guardians. Such persons may register and vote where they attend school if they are residents of county and meet statutory and constitutional requirements of age and residency as previously applied to individual voters 21 years of age and over under Nev. Art. 2, § 1, former NRS 10.020 (cf. NRS 10.155) and NRS 293.485 et seq. AGO 48 (10-20-1971)

Person dishonorably discharged from military for commission of felony is disqualified as elector. Under Nev. Art. 2, § 1, which prescribes qualifications of electors, person dishonorably discharged from military service for commission and conviction of offense recognized under Nevada law as felony is disqualified as elector and may not register to vote unless restored to civil rights. AGO 72 (3-30-1972)

Secretary of state may promulgate regulation permitting election officials to assist physically disabled voter mark ballot. Under NRS 293.247, which requires secretary of state to promulgate regulations for conduct of elections, he has authority to prescribe regulation permitting election officials to assist physically disabled voter to mark ballot or operate voting machine where disability prevents voter from doing so himself, because denial of assistance would prevent exercise of right of suffrage guaranteed by Nev. Art. 2, § 1. AGO 77 (4-25-1972)

Members of Armed Forces who entered service from outside of Nevada may establish residency for voting purposes in Nevada. Members of Armed Forces who entered service from outside Nevada may establish residency for voting purposes in Nevada on same basis as other residents of state and are entitled to register to vote if otherwise qualified under Nev. Art. 2, § 1, former NRS 10.020 (cf. NRS 10.155) and NRS 293.485 et seq. AGO 78 (4-27-1972)

Provision requiring 6-month residency to qualify as elector violated equal protection clause. Provisions of Nev. Art. 2, § 1, and NRS 293.485, which require 6-month residence in state to qualify as elector, violate equal protection clause of U.S. 14th amendment, and persons otherwise qualified are entitled to register to vote up to time prescribed by NRS 293.560 for close of registration. AGO 85 (6-19-1972)

Residence within township unnecessary for appointment to office of justice of the peace. If vacancy occurs in office of justice of the peace and county commissioners elect, pursuant to NRS 4.150, to fill vacancy by appointment, residency restrictions of NRS 281.050 and 293.1755 do not apply to applicants for appointment and county commissioners need only appoint "suitable person" (see NRS 4.150 and 245.170) which means one who is qualified elector meeting qualifications set forth in Nev. Art. 2, § 1. Residence within township to which office pertains is unnecessary for appointment to that office. AGO 87-13 (7-30-87)

Person who is 17 years of age may be candidate for office of trustee of school district if he meets certain qualifications before date of general election. Person who is 17 years of age may be candidate for office of trustee of school district pursuant to NRS 386.240 if he will be qualified elector as defined in Nev. Art. 2, § 1 and he meets qualifications to register to vote set forth in NRS 293.485 before date of general election. (See also Nev. Art. 15, § 3.) AGO 94-18 (3-9-1994)

Recognition of restoration of civil rights by foreign jurisdiction. State may give full faith and credit to foreign jurisdiction’s restoration of civil rights of person who would otherwise be prohibited from voting under Nev. Art. 2, § 1 if: (1) jurisdiction that restored person’s civil rights was jurisdiction that convicted that person; (2) restoration complies with all constitutional and statutory requirements of foreign jurisdiction; and (3) this state has no reason or public policy for not recognizing restoration. AGO 96-27 (9-25-1996)

Felon convicted in federal court prohibited from registering to vote. Pursuant to Nev. Art. 2, § 1, county registrar of voters is prohibited from allowing person convicted of felony in U.S. District Court to register to vote until his civil rights are restored by federal authorities. AGO 96-27 (9-25-1996)

Sec. 2. When residence not gained or lost. For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any institution of learning; nor while kept at any charitable institution or medical facility at public expense; nor while confined in any public prison.

Sec: 4. Privilege of qualified electors on general election day. During the day on which any General Election shall be held in this State no qualified elector shall be arrested by virtue of any civil process.

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