Clark County Commission candidate asks high court to put him on ballot
July 19, 2002
A man removed from the Clark County Commission ballot because he doesn’t live in the district Thursday asked the Nevada Supreme Court to put him back on the ballot.
Kevin Michael Williams filed for Clark Commission Seat E against incumbent Myrna Williams. But she complained that he actually lives in Henderson, not in her district.
Clark County District Judge Michael Douglas agreed, pointing out that Williams receives his utility bills, employment correspondence, mortgage papers and other official records at the Henderson home and that he wasn’t even listed on the lease at the apartment on Koval Lane in District E.
His lawyer Michael Stein said the standard is “actual residence — where he lives” not legal residence.
“Nevada law allows a person who has two residences to declare one of them to be his permanent residence,” Stein told the high court.
He said Williams declared the Koval Lane apartment his permanent residence and that the court should recognize that as valid for the campaign.
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Stein also argued the challenge against his client was filed two days too late because the law allows only five calendar days after the close of filing to challenge such things as residence.
But Dominic Gentile representing Myrna Williams said the legislative history makes it very clear the deadline is “five working days” not five calendar days. He said the challenge was filed on time.
But he said the heart of the issue is “this man does not live and certainly did not live for 30 days uninterruptedly at Koval Lane.”
He said Williams receives no mail there, has none of his bills or registrations there and, in fact, filed homestead papers at his Henderson residence just three weeks before filing for the commission seat.
The high court took the case under submission but the court must rule in the near future because Clark County election officials have to order ballots for the September primary elections. The court’s decision will decide whether Michael Williams’ name appears as one of Myrna Williams’ opponents.