LAS VEGAS (KSNV MyNews3) -- The race for the District 9 seat in the Nevada Assembly is now in unchartered territory.
A judge ruled late Monday night that Democratic candidate Andrew Martin does not live in the district he wants to represent, so his candidacy is invalid.
But Martin told News 3 he will not step out of the race.
Both sides agree Martin owns two residences, a condo on South Durango Drive in District 9 and a home on Daylight Moss Street in District 2. The argument was over which one is his permanent home.
This all came about when Republican candidate Kelly Hurst filed a civil residency complaint in October. Since then, it's been through two other judges before landing in Judge Rob Bare's courtroom hours before the polls open.
After more than three hours of witness testimonies, Bare ruled in favor of Hurst.
“My finding is that his candidacy is not valid he's not eligible to run based upon his failure to meet the residency requirement in Assembly District 9,” Bare said.
Bare points to surveillance footage from Hurst's private investigator that shows in a three-week span, Martin's significant other's car remained in the garage and Martin was seen going in and out of the District 2 home in different clothing.
“Every night, you stayed at a place outside the district you're running in,” Bare said to Martin.
It's one of the most difficult decisions Bare says he's made on the bench, but he said it believes it upholds the integrity of the election system.
Hurst told News 3 his opponent should follow the ruling.
“The honorable thing to do is for him to step down and not run,” he said.
Martin says he's still a candidate and he's still on the ballot.
“We disagree,” he said. “We're going to appeal. There's an election (Tuesday), and I’m going to win.”
One thing they do agree on: It's now up to the Assembly District 9 voters.