LAS VEGAS (AP) — A state judge says Democratic Assembly candidate Andrew Martin lives outside his Las Vegas district and is ineligible for election.

But the ruling late Monday by Clark County District Judge Rob Bare isn’t likely to settle the issue or prevent Martin from taking office should he win Tuesday’s election and Democrats retain control of the lower chamber.

Under the Nevada Constitution, each legislative house determines the qualifications and elections of its own members.

The Las Vegas Review-Journal reports the judge’s ruling turned in part on testimony of a private detective who recorded Martin recharging his electric vehicle at a house outside the Assembly 9 district.

After the judge ruled, Martin and his attorney said the decision would be appealed.

Republican candidate Kelly Hurst urged Martin to abandon the race.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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