Assembly District 40 candidate Chris Forbush’s eligibility questioned

Despite winning the endorsement of the Carson City Republican Central Committee, some opponents of Assembly candidate Chris Forbush of Carson City say he’s ineligible to run for the District 40 seat.

Assemblyman Ira Hansen, R-Sparks, raised the concern this week in an email pointing out NRS218A.200 requires legislative candidates to have been citizen residents of Nevada for a full year before he or she can run for the Senate or Assembly and NRS293.181 requires them to sign an affidavit declaring that under penalty of perjury.

Hansen said Forbush would have had to be a Nevada resident from November 1, 2015.

The Declaration of Residency he filed with the Secretary of State’s office March 18 clearly stated he was a resident of Provo, Utah, until February 1 of this year when he moved to Carson City.

Wayne Thorley, Chief Elections Deputy to the Secretary of State, confirmed the authenticity of that declaration Friday.

But Forbush says Nevada law allows him an exemption from that requirement because he was a Nevadan throughout his eight years of college and law school at BYU.

That exemption is provided for both college students and those in military service and simply requires they show an “intent to return” to Nevada.

“My drivers license was always in Nevada, my car registration was always in Nevada and I paid my insurance in Nevada,” he said.

In addition, he said when he graduated law school in 2015, he interviewed with two Las Vegas law firms.

“That all plays into intent to return to the state,” he said.

Hansen said if Forbush won the June 14 primary, his Democratic challenger could file suit and, if Forbush were removed from the ballot, that would leave Democrat Michael Greedy and Independent American John Wagner as the only candidates in the race.

Hansen said a similar situation happened in Las Vegas two years ago when Meghan Smith was ruled ineligible to run in Assembly District 34, leaving Republican Victoria Seaman the only eligible candidate on the ballot.

“By removing Meghan Smith, Victoria Seaman won almost automatically,” Hansen said in a letter issued on his legislative stationary.

Smith, however, wasn’t removed for violating the one year requirement but for not buying a home and moving into her Assembly district until after she filed for the office, a clear violation.

Thorley said AD40 candidate Sam England filed a written challenge to Forbush’s candidacy, but did so after the deadline for doing so. He said not only was that challenge outside the strict statutory deadline, it wasn’t in the form of an affidavit as required by law. He said because of that, his office didn’t look at the merits of the challenge.

That means England’s only recourse at this point would be a civil suit.

Hansen issued his letter saying even though Forbush’s name will remain on the ballot, the issue should be brought to the attention of District 40’s Republican voters.

Wagner too chimed in with a letter saying Forbush graduated from BYU in 2015 and took a job in Utah, making him a Utah resident. He said he wants Forbush disqualified from running in the General Election if he wins the Republican primary.