The race for Assembly District 9 is heating up: Not at the polls, but in District Court, where the attorney for Republican Kelly Hurst on Friday morning won the right to a show cause hearing to determine whether Democrat Andrew Martin’s residency is valid.
District Judge Rob Bare set the hearing for 3:30 Monday, the eve of the election. The judge said he would make a decision Monday. Although the judge can’t prevent the AD 9 election from going forward, by law he can potentially rule Martin’s affidavit of candidacy is invalid.
At question is whether Martin, who purchased a small unit at the Vistana condominium complex in December 2011 just weeks after the new AD 9 boundaries were made final, actually lives at 7159 South Durango Drive No. 307. He also owns a family residence at 3317 Daylight Moss Street, which is located within the boundary of Assembly District 2.
Hurst retained local private investigator Tom Dillard to conduct surveillance on Martin’s homes to determine which one he actually lived in. Martin drives a Chevy Volt, a vehicle powered by electricity.
According to Dillard’s Oct. 30 declaration filed with the court, “The surveillance also depicts Mr. Martin on several occasions plugging and unplugging the power cord into his Volt and placing the cord on or near the rear wall of his garage. The adapter charging cord is never placed inside the Volt before driving away. That repetitive action suggests the Volt is not charged at another location.”
“We think he lives in District 2 in Summerlin in a home he purchased with his partner,” Hurst attorney Frank Cremen said. That home was purchased in 2007.
Filing a false declaration of candidacy is a gross misdemeanor.