LAS VEGAS -- A Clark County judge has ruled Democratic candidate Andrew Martin, running in Nevada's Assembly District 9 race, doesn't live in the district he seeks to represent.
His eligibility came into question after Republican candidate Kelly Hurst filed a residency complaint against Martin. The judge ruled Monday evening -- the eve of the election -- that Martin does not live in the district.
"He may not be a candidate for Assembly District 9," Judge Rob Bare said.
The judge said video evidence showed Martin consistently spending the night at another house. He added that it could not have been a coincidence that he was spending the night at the other house during the private investigation.
The judge also said the evidence proves Martin's domestic partner lived outside the district.
Martin said he plans to appeal. In a statement made after the ruling, Martin said:
"I disagree with the decision made regarding my case and I will be appealing this ruling. Tomorrow, I am going to win my election so I can represent my neighbors in Assembly District 9."
During early voting, about 14,200 voters cast their ballots in district 9. There are about 27,800 registered voters in district 9, according to the Clark County Election Department.
County election registrar Larry Lomax said 57 percent of the district has already voted, either by mail or at an early voting location. Lomax said it is too late to take Martin's name off the ballot. He said if Martin wins the election, and he appeals and loses the judge's ruling, there would be a vacancy in the district.
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