CARSON CITY -- Joseph Pitts, a GOP candidate for state treasurer, has filed an affidavit challenging the candidacy of Mark DeStefano, one of two rivals in the Republican primary, on residency grounds.

Pitts, of Henderson, filed the complaint with the secretary of state's office on May 26. It was referred to the attorney general's office, which is expected to respond to the issues raised by Pitts by Monday.

The issue is not specifically the 30-day Nevada residency requirement for candidates that is at issue in the complaint, but whether DeStefano provided proof of his residency when he filed for office.

David Gallagher, campaign manager for DeStefano, said Wednesday information showing DeStefano provided a legitimate home address on his declaration of candidacy has been provided to the secretary of state's office. The information, including utility bills, should result in Pitts' challenge being dismissed, Gallagher said.

Calling the challenge "a silly campaign trick," Gallagher said DeStefano has lived in Nevada for 10 years and Pitts "is trying to go for a Hail Mary."

Pitts said in his affidavit that DeStefano listed his address on his declaration of candidacy as 9604 Royal Lamb Drive in Las Vegas. The address required on the declaration, under threat of perjury, must be the actual residence of the candidate.

But Pitts said DeStefano provided no evidence when he filed for office that he actually has lived at the Royal Lamb address. Pitts provided evidence that DeStefano changed his voter registration address to the Royal Lamb address on May 2, the same day he filed as a candidate for treasurer, and questioned whether that was proof of residency.

Candidates are supposed to provide proof when they file that the address listed on their declaration of candidacy is their actual residence. The proof can be a utility bill, a check with an address or a valid drivers' license.

Pitts provided evidence that DeStefano presented an expired drivers' license as proof of residency, which would not be valid. It also showed his address as 8555 W. Sahara #130, according to the Pitts affidavit. A Smiths grocery store is at that address. It had mail services at one time, but no longer does, according to Pitts.

State Controller Kathy Augustine is the third Republican vying for treasurer in the August primary.

Augustine was convicted by the state Senate in 2004 of a charge of using state equipment to help in her 2002 re-election campaign as controller. Augustine was censured but not removed from office for the offense, the least serious of three charges leveled at her alleging the use of state resources in her 2002 campaign.

DeStefano, a candidate for the Board of Regents in 2004, was removed from the ballot in that race due to residency issues unrelated to his current run for public office.

DeStefano was the top vote-getter in the September 2004 primary for regent in District 13. But he was ruled ineligible by Clark County District Judge Lee Gates on the day of the primary because he did not live in District 13. His name did not appear on the general election ballot for the post.

There are no such residency requirements to run for treasurer, only that a candidate show proof of Nevada residency for 30 days prior to the last day of filing for office. The last day to file this election year was May 12.