Nevada Public Officers and Employees

Sec. § 281.050
Residence for purposes of eligibility for office is actual residence; effect of temporary absence; vacancy in candidacy upon moving actual residence; preelection actions challenging actual residence; legal standards and evidence for determining actual residence.


1.

The residence of a person with reference to his or her eligibility to any office is the person’s actual residence within the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person.

2.

Except as otherwise provided in subsections 3 and 4, if any person absents himself or herself from the jurisdiction of that person’s actual residence with the intention in good faith to return without delay and continue such actual residence, the period of absence must not be considered in determining the question of residence.

3.

If a person who has filed a declaration of candidacy for any elective office moves the person’s actual residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, in which the person is required actually, as opposed to constructively, to reside in order for the person to be eligible to the office, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken.

4.

Once a person’s actual residence is fixed, the person shall be deemed to have moved the person’s actual residence for the purposes of this section if:

(a)

The person has acted affirmatively and has actually removed himself or herself from the place of permanent habitation where the person actually resided and was legally domiciled;

(b)

The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled; and

(c)

The person has an intention to remain in another place of permanent habitation where the person actually resides and is legally domiciled.

5.

Except as otherwise provided in this subsection and NRS 293.1265, the district court has jurisdiction to determine the question of residence in any preelection action for declaratory judgment brought against a person who has filed a declaration of candidacy for any elective office. If the question of residence relates to whether an incumbent meets any qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to this section but has jurisdiction to determine the question of residence only in an action to declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section.

6.

Except as otherwise provided in NRS 293.1265, if in any preelection action for declaratory judgment, the district court finds that a person who has filed a declaration of candidacy for any elective office fails to meet any qualification concerning residence required for the office pursuant to the Constitution or laws of this State, the person is subject to the provisions of NRS 293.2045.

7.

For the purposes of this section, in determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled:

(a)

It is the public policy of this State to avoid sham residences and to ensure that the person actually, as opposed to constructively, resides in the area prescribed by law for the office so the person has an actual connection with the constituents who reside in the area and has particular knowledge of their concerns.

(b)

The person may have more than one residence but only one legal domicile, and the person’s legal domicile requires both the fact of actual living in the place and the intention to remain there as a permanent residence. If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and does not take up a permanent residence in another place, then the person’s legal domicile has not changed. Once the person’s legal domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change.

(c)

Evidence of the person’s legal domicile includes, without limitation:

(1)

The place where the person lives the majority of the time and the length of time the person has lived in that place.

(2)

The place where the person lives with the person’s spouse or domestic partner, if any.

(3)

The place where the person lives with the person’s children, dependents or relatives, if any.

(4)

The place where the person lives with any other individual whose relationship with the person is substantially similar to a relationship with a spouse, domestic partner, child, dependent or relative.

(5)

The place where the person’s dogs, cats or other pets, if any, live.

(6)

The place listed as the person’s residential address on the voter registration card issued to the person pursuant to NRS 293.517.

(7)

The place listed as the person’s residential address on any driver’s license or identification card issued to the person by the Department of Motor Vehicles, any passport or military identification card issued to the person by the United States or any other form of identification issued to the person by a governmental agency.

(8)

The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, any aircraft, vessels or watercraft, issued to the person by a governmental agency.

(9)

The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.

(10)

The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges or benefits or any tax documents, forms or returns, but excluding the person’s declaration of candidacy.

(11)

The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or medical benefits or any self-insured employer or third-party administrator.

(12)

The place listed as the person’s residential address on the person’s paycheck, paystub or employment records.

(13)

The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts.

(14)

The place where the person receives mail or deliveries from the United States Postal Service or commercial carriers.

(d)

The evidence listed in paragraph (c) is intended to be illustrative and is not intended to be exhaustive or exclusive. The presence or absence of any particular type of evidence listed in paragraph (c) is not, by itself, determinative of the person’s legal domicile, but such a determination must be based upon all the facts and circumstances of the person’s particular case.

8.

As used in this section:

(a)

“Actual residence” means the place of permanent habitation where a person actually resides and is legally domiciled. If the person maintains more than one place of permanent habitation, the place the person declares to be the person’s principal permanent habitation when filing a declaration of candidacy for any elective office must be the place where the person actually resides and is legally domiciled in order for the person to be eligible to the office.

(b)

“Declaration of candidacy” has the meaning ascribed to it in NRS 293.0455.
Source

Last accessed
Feb. 5, 2021