Clark County District Court asked to act on Schaefer residency challenge

CARSON CITY — Secretary of State Ross Miller has asked Clark County District Court to order state controller candidate John Michael Schaefer to appear and show why he should not be removed from the primary election ballot because of a residency question.

The secretary of state’s Elections Division filed the residency challenge, and the Nevada attorney general’s office has determined that probable cause exists to support the challenge, which would disqualify Schaefer from appearing on the ballot as a Democratic candidate for the statewide office.

“As Nevada’s chief elections officer, I stand ready to enforce the state’s election laws and requirements,” Miller said. “We await the court’s decision and will abide by its conclusion.”

Schaefer filed his declaration of candidacy for controller on March 7 during the two-week filing period. In his candidacy filing, Schaefer listed his address as 3930 Swenson St., No. 103, in Las Vegas.

The secretary of state’s Elections Division then learned that Schaefer has been living outside of Nevada and so does not meet the residency requirement in state law, which requires a candidate for controller to have resided in the state for two years ahead of the next election.

Schaefer is registered to vote in Los Angeles County and cast a ballot there in the 2012 general election.

The complaint filed against Schaefer said that as of March 10, he was a registered voter in Los Angles County.

Furthermore, Schaefer filed candidacy papers with the city of Los Angeles on Nov. 5, 2012, to run for City Council, District 13, and declared his residency to be in that city.

The Los Angeles clerk’s office confirmed Schaefer established his residency in California on Aug. 15, 2012.