281.050 - Residence for purposes of eligibility for office is actual residence; determination of residence; vacancy in office upon certain changes in residence.
281.050 Residence for purposes of eligibility for office is actual residence; determination of residence; vacancy in office upon certain changes in residence.
1. The residence of a person with reference to eligibility to office is the person’s actual residence within the State or county or district, as the case may be, during all the period for which residence is claimed by the person. If any person absents himself or herself from the jurisdiction of that person’s residence with the intention in good faith to return without delay and continue such residence, the period of absence must not be considered in determining the question of residence.
2. If a person who has filed as a candidate for elective office moves the person’s residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law for which the person is a candidate and in which the person is required actually, as opposed to constructively, to reside, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken. A person shall be deemed to have moved the person’s residence for the purposes of this section if:
(a) The person has acted affirmatively to remove himself or herself from one place; and
(b) The person has an intention to remain in another place.
3. The district court has jurisdiction to determine the question of residence in an action for declaratory judgment.
4. As used in this section, “actual residence” means the place where a person is legally domiciled and maintains a permanent habitation. If the person maintains more than one such habitation, the place the person declares to be the person’s principal permanent habitation when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be the person’s actual residence.
[Part 1:158:1911; RL § 3609; NCL § 6405]—(NRS A 1971, 433; 1975, 616; 1999, 2170)