Thursday, Feb. 12, 2004 | 8:54 a.m.
SUN CAPITAL BUREAU
CARSON CITY -- Ely Mayor Robert Miller believes he will remain in office even after a ruling by the Nevada Supreme Court that he was not eligible to run for re-election in 2003.
The court, in a unanimous opinion, ruled Wednesday that Miller did not legally reside in Ely one year prior to the election, as required by law.
It overturned the decision of District Judge Andrew Puccinelli, who held that Miller met the residency requirement.
Miller received 52 percent of the vote in the primary election last April and was the only candidate on the general election ballot. He has been mayor since 1999.
Miller said Wednesday that if he has to vacate the office, the City Council will appoint a successor. He said he thought the council would appoint him because he gained 70 percent of the vote in the general election.
Miller had lived in Ely but moved to the outskirts of the city to care for his ailing mother. He rented a room in Ely but admitted he slept there for only one night and actually lived outside the city limits.
In his ruling, Puccinelli said that Miller had significant ties to Ely for more than 30 years and did not intend to change his legal domicile from Ely when he moved to the subdivision on the outskirts of town.
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