Nevada Supreme Court Upholds Two-Year Residency Requirement for Candidates for State Controller

On April 14, the Nevada Supreme Court issued a four-page decision in Schaefer v The Eighth Judicial District Court, 65361, upholding Nevada election law that requires candidates for Controller to have lived in the state for two years before filing. Use this link to read the decision. Under “docket entries”, click on document 14-11950 (that number is found at the far right-hand column in the line for April 14).

Although the plaintiff, Michael Schaefer, had held a continuous residence in Nevada for many years, the lower court found that he had been domiciled in California or Maryland during most of the preceding two years. The lower court, and the State Supreme Court, also ruled that the two-year residency requirement does not violate the U.S. Constitution.

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