Can illegal immigrants vote in Nevada?
The foundation of a democratic society is voting. As the election season approaches, many people are curious about who is eligible to vote in Nevada. This is a common question, especially among immigrants or noncitizens. With so much talk about immigration, it’s essential to know the eligibility criteria and the documentation needed to vote in Nevada. Below, we explore the eligibility requirements for voting in Nevada, including whether or not illegal or undocumented and legal immigrants can vote and what documentation is needed to register to vote.
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Who Can Vote in Nevada Elections?
The state constitution of Nevada and local law stipulate specific requirements for voter eligibility. To be eligible to vote in Nevada, you must:
- Be a U.S. citizen.
- Be at least 18 years of age on or before Election Day.
- Be a resident of Nevada and your county for 30 days preceding any election.
- Not have been declared by a court to be mentally incompetent.
- Not be currently serving a term of imprisonment for a felony.
Can Legal Immigrants Vote in Nevada?
No. Noncitizens, including permanent legal residents, cannot vote in federal, state, and local elections.
Naturalized citizens are U.S. citizens and are eligible to vote.
Can Illegal Immigrants Vote in Nevada?
No. Noncitizens, including undocumented residents, are prohibited from voting in federal, state, and local elections.
What Documentation Is Needed To Vote in Nevada?
You must provide proof of identification and residency to register to vote in Nevada. The following are some examples of the types of documentation you will need to provide for each:
Proof of Identification
This documentation proves your identity. Your documentation must be current and valid. Acceptable documents for proof of identification include:
- Nevada driver’s license or Department of Motor Vehicles-issued ID card.
- U.S. passport or passport card.
- Certified copy of a birth certificate issued in the U.S.
- Certified copy of naturalization.
- Valid student ID card issued by an institution of higher education in Nevada.
- Employee ID card issued by the U.S. government or the state, county, municipality, board, authority, or other subdivision of Nevada.
- Pilot’s license issued by the Federal Aviation Administration or other authorized agency in the U.S.
- U.S. military ID card.
- Valid Veteran ID Card issued by the U.S. Department of Veterans Affairs, Veterans Health Administration.
- Medicare or Medicaid card issued by the U.S. Health Care Financing Administration.
- Valid ID issued by a federally recognized tribal government certifying tribal membership.
Proof of Residency
This documentation confirms you reside in Nevada. Proof of residency is not a substitute for proof of identification. You’ll need to provide both. Acceptable proof of residency includes:
- Utility bill, such as electric, gas, water, sewer, cell phone, or cable bill.
- Mortgage statement or residential rental or lease agreement.
- Motor vehicle registration.
- Property tax statement.
- Bank or credit union statement.
- Recent paycheck.
- Income tax return.
- Any other document issued by a governmental agency.
How To Register To Vote in Nevada.
You can register to vote:
- Online with the Nevada Secretary of State.
- In person at your local county clerk’s office.
- By mail via a voter registration form to your local county clerk or the Nevada Secretary of State.
- At the Department of Motor Vehicles.
- At state agencies that provide public assistance or services to people with disabilities.
- On election day at the polling station, as long as you have the necessary documentation.
Frequently Asked Questions About Voting in Nevada
Who Cannot Vote in Nevada Elections?
In Nevada, you cannot vote if you are not a U.S. citizen, you’ve been found by the court to be mentally incompetent or incapacitated, or you’re currently serving time for a felony. Voting is also not permitted for nonresidents or those who have not lived in the state for at least 30 days until they become residents and fulfill the 30-day residency requirement.
Can 17-Year-Olds Preregister To Vote?
Yes. Preregistering to vote is available to people who are 17 years old, will be 18 on Election Day, and meet all other requirements. Unless the preregistration has been canceled, the person who preregistered to vote becomes a registered voter on their 18th birthday.
Can Formerly Incarcerated Individuals Vote?
Yes. Nevada residents who are not currently incarcerated have the right to vote. Regardless of the type of felony committed or whether the individual is still on parole or probation, the restoration of voting rights occurs automatically and immediately after the person is released from prison. There is no waiting period or requirement that the person takes any action.
Can You Register To Vote if You Are Homeless?
Yes. You don’t need to have an actual home to register to vote, but you do need to specify where you reside, which can be a friend’s house, the county court, a park, a homeless shelter, or anywhere else. An affidavit provided under penalty of perjury may be used to establish your place of residence. You can also give a mailing address so that you can be sure to receive vital voter information.
What if You Register To Vote and Are Ineligible?
Suppose you are found to have willfully registered to vote or voted when you were ineligible because you were a noncitizen, incarcerated felon, or legally incompetent. In that case, you can face felony charges that can result in up to four years in prison.
How Can the Team at De Castroverde Criminal & Immigration Lawyers Help You?
Even though you are not required to have legal representation in all immigration matters, having one on your side can make all the difference. Whatever your immigration issue may be, we’ll work hard to find a solution that works for you while fighting for your rights.
The experienced team at De Castroverde Criminal & Immigration Lawyers knows just how stressful navigating the U.S. immigration system can be. We have over a decade of experience representing clients with immigration issues involving visas, green cards, naturalization, and deportation. Contact us today at 702-996-4860 or complete our secure online form to discuss your case. Hablamos español.
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