LAS VEGAS (CN) - Surveillance video that suggests a candidate for Nevada Assembly does not live in his home district makes him ineligible to run, a judge ruled hours before the polls opened.
Though the ballots have been printed and voting machines are programmed, Andrew Martin cannot be a candidate, Clark County District Court Judge Rob Bare said Monday.
The Las Vegas Sun says Martin's Republican opponent, Kelly Hurst, hired a private investigator to follow Martin. A legal challenge was filed in October but was delayed.
In excluding Martin from the ballots, Bare cited video evidence showing Martin consistently spending the night at another house.
Martin vowed to challenge the decision.
"I disagree with the decision made regarding my case and I will be appealing this ruling," he said in a statement. "Tomorrow, I am going to win my election so I can represent my neighbors in Assembly District 9."
Nevada voters were allowed to vote early, and the Clark County election registrar told KLAS-TV that 57 percent of the district, located in the southwest Las Vegas valley, have already voted.
If Martin wins, appeals and loses, his seat would be vacant.
The Las Vegas Sun has video
of Martin in court last night as the judge read his decision.