Monday, Nov. 5, 2012 | 8:01 p.m.
On the eve before the election, a Clark County judge ruled an Assembly candidate is ineligible for office because he did not live in the district he is running in, according to media reports.
The ruling, with ballots already printed and voting machines programmed, not to mention a large portion of the district already having voted, tosses into turmoil the seat, which has a Democratic voter registration edge.
Andrew Martin is a Democrat and former member of the state’s Economic Forum, which projects the state's tax revenue for two years.
KLAS-TV reported that District Court Judge Rob Bare said: "He may not be a candidate for Assembly District 9."
The judge saw video evidence that Martin spent nights at another house outside the district, according to the report.
In a written statement, Martin vowed to challenge the ruling.
“I disagree with the decision made regarding my case and I will be appealing this ruling," he said. "Tomorrow, I am going to win my election so I can represent my neighbors in Assembly District 9."
The Nevada Secretary of State’s office didn’t immediately respond to calls for comment. But state law says that if a candidate is disqualified after ballots are printed, election officials “must post a sign at each polling place” in the district “informing voters that the person is disqualified from entering upon the duties of office.”
The judgment is the result of a legal challenge filed by Martin’s opponent, Republican Kelly Hurst. Hurst hired a private investigator in mid-September to follow Martin, after hearing rumors about his residency, said Assemblyman Pat Hickey, R-Reno, the leader of the GOP caucus.
The legal challenge was filed in early October, but was delayed after Democrats challenged a judge.
Hickey called on Martin, who did not immediately respond to requests for comment, to give up his candidacy.
“The only honorable thing for him is to resign his seat now,” Hickey said, noting he could be facing perjury charges.
Hickey said they would be holding a press conference in the southwest Las Vegas district Tuesday morning and have individuals at all the polling places “informing people of the judge’s ruling.”