ARTICLE. 2. - Right of Suffrage.
Nev. Const.
Section 1
qualifications of nonelector to vote for President and Vice President of United States. 1A. Rights of voters. 1B. Photo identification. [Effective November 24, 2026, if the proposed addition is approved and ratified by the voters at the 2026 General Election.] 1C. Verification of mail-in ballots. [Effective November 24, 2026, if the proposed addition is approved and ratified by the voters at the 2026 General Election.] 2. When residence not gained or lost. 3. Armed Forces personnel. [Repealed in 1972.] 4. Privilege of qualified electors on general election day. 5. Voting by ballot; voting in elections by legislature. 6. Registration of electors; test of electoral qualifications. 7. Poll tax: Levy and purpose. [Repealed in 1966.] 8. Qualifications of voters on adoption or rejection of constitution. 9. Recall of public officers: Procedure and limitations. 10. Limitation on contributions to campaign. 11. Distribution of mail ballots. [Effective November 28, 2028, if the provisions of Senate Joint Resolution No. 1 (2025, 36th Special Session) are agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election.] 12. Acceptance of mail ballots at polling sites. [Effective November 28, 2028, if the provisions of Senate Joint Resolution No. 1 (2025, 36th Special Session) are agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election.] Section 1. Right to vote; qualifications of elector; qualifications of nonelector to vote for President and Vice President of United States. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States. [Amended in 1880, 1886, 1914, 1970, 1971 and 2004. 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. The sixth amendment was proposed and passed by the 2001 Legislature; agreed to and passed by the 2003 Legislature; and approved and ratified by the people at the 2004 General Election. See: Statutes of Nevada 2001, p. 3469; Statutes of Nevada 2003, p. 3726.] Sec. 1A. Rights of voters. Each voter who is a qualified elector under this Constitution and is registered to vote in accordance with Section 6 of this Article and the laws enacted by the Legislature pursuant thereto has the right: 1. To receive and cast a ballot that: (a) Is written in a format that allows the clear identification of candidates; and (b) Accurately records the voter’s preference in the selection of candidates. 2. To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place. 3. To vote without being intimidated, threatened or coerced. 4. To vote during any period for early voting or on election day if the voter is waiting in line at a polling place at which, by law, the voter is entitled to vote at the time that the polls close and the voter has not already cast a vote in that election. 5. To return a spoiled ballot and receive another ballot in its place. 6. To request assistance in voting, if necessary. 7. To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law. 8. To receive instruction in the use of the equipment for voting during any period for early voting or on election day. 9. To equal access to the elections system without discrimination, including, without limitation, discrimination on the basis of race, age, disability, military service, employment or overseas residence. 10. To a uniform, statewide standard for counting and recounting all votes accurately as provided by law. 11. To have complaints about elections and election contests resolved fairly, accurately and efficiently as provided by law. [Added in 2020. Proposed and passed by the 2017 Legislature; agreed to and passed by the 2019 Legislature; and approved and ratified by the voters at the 2020 General Election. See: Statutes of Nevada 2017, p. 4589; Statutes of Nevada 2019, p. 4614.] Sec. 1B. Photo identification. [Effective November 24, 2026, if the proposed addition is approved and ratified by the voters at the 2026 General Election.] Each voter in Nevada shall present photo identification to verify their identity when voting in person at a polling place during early voting or on election day before being provided a ballot. To be considered valid, the photo identification must be current or expired for no more than 4 years. If the voter is 70 years old or more, the identification can be expired for any length of time, so long as it is otherwise valid. Acceptable forms of identification include: 1. Nevada driver’s license. 2. Identification card issued by the State of Nevada, any other State or the United States Government. 3. Employee photo identification card issued by the United States Government, Nevada Government or any county, municipality, board, authority or other Nevada Government entity. 4. United States passport. 5. United States military identification card. 6. Student photo identification issued by a Nevada public college, university or technical school. 7. Tribal photo identification. 8. Nevada concealed firearms permit. 9. Other form of government-issued photo identification that the Legislature may approve. (Addition proposed by initiative petition and approved and ratified by the voters at the 2024 General Election; effective November 24, 2026, if approved and ratified by the voters at the 2026 General Election.) Sec. 1C. Verification of mail-in ballots. [Effective November 24, 2026, if the proposed addition is approved and ratified by the voters at the 2026 General Election.] Each voter in Nevada who votes by mail-in ballot shall enter one of the following in the block provided next to the voter’s signature for election officials to use in verifying the voter’s identity: 1. The last four digits of their Nevada driver’s license number. 2. If the voter does not possess a Nevada driver’s license, the last four digits of their Social Security number. 3. If the voter has neither a Nevada driver’s license or a Social Security number, the number provided by the county clerk when the voter registered to vote. (Addition proposed by initiative petition and approved and ratified by the voters at the 2024 General Election; effective November 24, 2026, if approved and ratified by the voters at the 2026 General Election.)
Section 2
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. [Amended in 1972. Proposed and passed by the 1969 legislature; agreed to and passed by the 1971 legislature; approved and ratified by the people at the 1972 general election. See: Statutes of Nevada 1969, p. 1695; Statutes of Nevada 1971, p. 2240.] Section 3. Armed Forces personnel. [Repealed in 1972.] [Amended in 1956. Proposed and passed by the 1953 legislature; agreed to and passed by the 1955 legislature; approved and ratified by the people at the 1956 general election. See: Statutes of Nevada 1953, p. 732; Statutes of Nevada 1955, p. 952. Repealed in 1972. Repealer proposed and passed by the 1969 legislature; agreed to and passed by the 1971 legislature; approved and ratified by the people at the 1972 general election. See: Statutes of Nevada 1969, p. 1695; Statutes of Nevada 1971, p. 2240. The section as amended in 1956 and repealed in 1972 read: “The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their entry into such service; and provided further, that the payment of a poll tax shall not be required as a condition to the right of voting. Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution.”] 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. Sec: 5. Voting by ballot; voting in elections by legislature. All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof shall be “Viva-Voce”. Sec: 6. Registration of electors; test of electoral qualifications. Provision shall be made by law for the registration of the names of the Electors within the counties of which they may be residents and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths, as may be deemed necessary, as a test of electoral qualification. Section 7. Poll tax: Levy and purpose. [Repealed in 1966.] [Amended in 1910. Proposed and passed by the 1907 legislature; agreed to and passed by the 1909 legislature; approved and ratified by the people at the 1910 general election. See: Statutes of Nevada 1907, p. 450; Statutes of Nevada 1909, p. 344. Repealed in 1966. Repealer proposed and passed by the 1963 legislature; agreed to and passed by the 1965 legislature; approved and ratified by the people at the 1966 general election. See: Statutes of Nevada 1963, p. 1421; Statutes of Nevada 1965, p. 1495. The section as amended in 1910 and repealed in 1966 read: “The Legislature shall provide by law for the payment of an annual poll tax of not less than two, nor exceeding four, dollars from each male resident in the State between the ages of twenty-one and sixty years (uncivilized American Indians excepted) to be expended for the maintenance and betterment of the public roads.”] Sec: 8. Qualifications of voters on adoption or rejection of constitution. All persons qualified by law to vote for representatives to the General Assembly of the Territory of Nevada, on the twenty first day of March A.D. Eighteen hundred and sixty four and all other persons who may be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution. Sec. 9. Recall of public officers: Procedure and limitations. Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. For this purpose, not less than twenty-five percent (25%) of the number who actually voted in the state or in the county, district, or municipality which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people. They shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within thirty (30) days after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator or assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law. [Added in 1912, amended in 1970 and 1996. The addition was proposed and passed by the 1909 legislature; agreed to and passed by the 1911 legislature; and approved and ratified by the people at the 1912 general election. See: Statutes of Nevada 1909, p. 345; Statutes of Nevada 1911, p. 448. The first 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. 1782; Statutes of Nevada 1969, p. 1663. The second amendment was proposed and passed by the 1993 legislature; agreed to and passed by the 1995 legislature; and approved and ratified by the people at the 1996 general election. See: Statutes of Nevada 1993, p. 3135; Statutes of Nevada 1995, p. 2887.] Sec. 10. Limitation on contributions to campaign. 1. As used in this Section, “contribution” includes the value of services provided in kind for which money would otherwise be paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid campaign paraphernalia printed or otherwise produced, and the use of paid personnel to assist in a campaign. 2. The Legislature shall provide by law for the limitation of the total contribution by any natural or artificial person to the campaign of any person for election to any office, except a federal office, to $5,000 for the primary and $5,000 for the general election, and to the approval or rejection of any question by the registered voters to $5,000, whether the office sought or the question submitted is local or for the State as a whole. The Legislature shall further provide for the punishment of the contributor, the candidate, and any other knowing party to a violation of the limit, as a felony. [Added in 1996. Proposed by initiative petition and approved and ratified by the people at the 1994 and 1996 General Elections.] Sec. 11. Distribution of mail ballots. [Effective November 28, 2028, if the provisions of Senate Joint Resolution No. 1 (2025, 36th Special Session) are agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election.] 1. The county clerk shall send to each active registered voter in the county who is eligible to vote in an election a mail ballot. Mail ballots must be sent: (a) On or after the fifth Monday before the election but not later than the fourth Monday before the election to active registered voters who reside within the State; and (b) On or after the seventh Monday before the election but not later than the fifth Monday before the election to active registered voters who reside outside the State unless federal or state law requires mail ballots be sent earlier to active registered voters who reside outside the State. 2. If a person registers to vote or updates his or her voter registration information not later than 14 days before the election, the county clerk shall send a mail ballot to that person unless a mail ballot has been sent by the county clerk pursuant to subsection 1. 3. Notwithstanding the provisions of subsections 1 and 2, a county clerk shall allow a voter to elect not to receive a mail ballot by submitting to the county clerk a written notice in a form prescribed by the county clerk. The notice must be received by the county clerk not later than 60 days before the day of the election. 4. A mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election. 5. Except as otherwise required by federal or state law, the county clerk shall send to each active registered voter eligible to cast a vote but who has not elected under subsection 3 not to receive a mail ballot, by first-class mail or by any class of mail if the Official Election Mail logo or an equivalent mark created by the United States Postal Service is properly placed: (a) A mail ballot; (b) A return envelope; (c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and (d) Instructions. 6. In sending a mail ballot to an active registered voter, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed. 7. The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base. (Proposed new section passed by the 2025 Legislature; effective November 28, 2028, if agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election. See: Statutes of Nevada 2025, 36th Special Session, p. 217.) Sec. 12. Acceptance of mail ballots at polling sites. [Effective November 28, 2028, if the provisions of Senate Joint Resolution No. 1 (2025, 36th Special Session) are agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election.] 1. Any polling place that is used for early voting by personal appearance or for voting in person on the day of the election must accept the submission of mail ballots by voters while voting in person occurs. 2. During the 3 days immediately preceding any primary or general election, each county clerk shall establish sites in accordance with subsection 3 at which voters may return mail ballots. Any site established pursuant to this subsection must be available for at least 8 hours on each day and located at a polling place that is used for early voting by personal appearance or voting in person on the day of the election. 3. For the purposes of subsection 2, a county clerk shall establish: (a) In a county whose population is 700,000 or more, at least 10 sites which meet the requirements of subsection 2. (b) In a county whose population is 100,000 or more but less than 700,000, at least 5 sites which meet the requirements of subsection 2. (c) In a county whose population is less than 100,000, at least 1 site which meets the requirements of subsection 2. 4. A county clerk may, in addition to the sites established pursuant to this section, provide any additional number of sites which meet the requirements of subsection 2. 5. The Legislature may provide by law for increasing the required number of sites established pursuant to this section. (Proposed new section passed by the 2025 Legislature; effective November 28, 2028, if agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election. See: Statutes of Nevada 2025, 36th Special Session, p. 218.)