A judge has ruled in favor of a Nevada assemblyman in a lawsuit questioning whether he can hold his seat if he intends to move away.
Judge Elizabeth Gonzalez granted Republican Assemblyman Erv Nelson's countermotion for summary judgment on Tuesday.
Nelson's constituent Ryan Fink filed the lawsuit last week, saying he wasn't confident Nelson would adequately represent him in an upcoming special session considering he plans on running in Senate District 6. Nelson would have to move out of his Las Vegas-area Assembly district and to a nearby district by mid-February to legally run for the seat.
Fink argued intention to leave matters in determining residency. Nelson said Fink's argument would mean he has no domicile at all.
Senate Republican leaders endorse Nelson in a primary against Assemblywoman Victoria Seaman.