Judge nixes Assembly candidate’s campaign on eve of Election Day

The state song says "Home Means Nevada," but a chagrined state Assembly candidate found out the hard way it also means where you recharge your electric car.

Clark County District Judge Rob Bare ruled late Monday the candidacy of Assembly District 9 Democrat Andrew Martin "is not valid," casting into doubt whether he can take office even if he gets more votes than Republican opponent Kelly Hurst.

The decision came just hours before Election Day and turned in part on testimony of a private detective hired by Hurst who recorded Martin recharging his Chevrolet Volt at a house outside the district.

"I do think that the idea that you have a car that has electrical capabilities is important in here," Bare said during his ruling Monday evening. "There was a pretty consistent plugging in and unplugging in of the car there at the only place where you have the cord available to do it."

The decision appeared to stun Martin who before the ruling issued a defiant, detailed statement describing the case as an invasion of privacy, a frivolous lawsuit and "desperate attempt to distract voters from the real issues at stake this November."

Afterward, Martin and his attorney Bradley Schrager had little to say.

"We disagree, we are going to appeal, and there is an election tomorrow and I am going to win," Martin said outside the courtroom. "I have no further comment."

Hurst, not surprisingly, had a different take.

"The honorable thing to do is bow out," he said of Martin.

Hurst wasn't the only Republican waiting for the outcome. Assembly Minority Leader Pat Hickey, R-Reno, and presumptive Senate Republican leader Michael Roberson, R-Henderson, watched the proceedings from the gallery.

"If nothing else it puts people on notice that people are watching," Hickey said while awaiting Bare's decision. Afterward, he added, "You shouldn't take for granted that you can skirt the law."

At issue was Martin's residency. He filed as a candidate for Assembly 9 using the address of a condo he bought in December 2011 at 7159 S. Durango Drive.

But Hurst alleged Martin was living with his life partner at 3317 Daylight Moss St. in a home he bought in 2007.

Schrager said that Martin's driver's license, taxes and other official forms were updated months ago to reflect the move, which Martin said was prompted by a desire to downsize.

Schrager and Martin also pointed to receipts for more than $10,000 in purchases for furniture, electronics and furnishings to decorate the condo.

Martin testified he was using the Daylight Moss home, which he said he was unable to sell, as an office for his job as an accountant.

Hurst said his attorney Frank Cremen suspected Martin was still using the Daylight Moss home.

That is how Martin's car-charging habits, clothing choices, home furnishings and decisions about where to sleep came to be part of the testimony.

Much of the evidence was gathered and compiled over about three weeks by private detectives Kerry Tritschler and Tom Hillard, both former Las Vegas police detectives. Hurst hired them to confirm his suspicions that Martin doesn't reside in Assembly District 9.

The detectives testified they recorded Martin entering the home at night and leaving the next day wearing different clothes. They also said he kept his Volt at the home where it had a dedicated charging station.

It was enough to sway Bare.

"The only evidence I have of the surveillance activity, shows that every night you stayed at a place outside the district you are running in," Bare said.

Whether the judge's decision will matter when the legislative session starts next year remains to be seen.

Early voting has concluded, and most voters probably have already cast ballots.

Clark County Registrar of Voters Larry Lomax said it is too late to take Martin off the ballot or disrupt the election in any way.

"It is way too late to do anything on the ballot," Lomax said. "We will have to deal with it after the election."

Based on the fact there are 11,623 registered Democrats and 8,889 registered Republicans in the district, Martin is likely to get more votes than Hurst.

Nevada law states election officials should post signs at polling places notifying voters when a candidate who willfully filed with false information appears on the ballot, but Bare didn't say Martin willfully filed false information, only that Daylight Moss should be considered his residence.

Also, there is a question of whether a judge could prevent Martin from taking office should he win more votes.

The Nevada Constitution states "Each House shall judge of the qualifications, elections and returns of its own members," suggesting the Assembly, which is likely to be controlled by Democrats, decides who it will seat.