Chachas v. Miller

Summary

The Nevada Supreme Court held that a candidate for mayor must have both legal domicile and actual physical residence in the city for one year before the election under NRS 266.170. Although Robert B. Miller retained his legal domicile in Ely, he actually lived outside the city for most of the required period, so the court reversed the district court’s order dismissing the election contest.

Holdings

1. NRS 266.170 requires a mayoral candidate to have been both legally domiciled in and actually resident in the city for at least one year preceding the election.
2. Miller retained his legal domicile in Ely because he intended to return there and did not intend to abandon it when he moved to Mineral Heights.
3. Miller did not satisfy NRS 266.170's actual-residency requirement because he actually lived in Mineral Heights and spent only one night in Ely during the required period.
4. NRS 281.050(1), which excludes certain absences from the calculation of residence, applies only to legal domicile and does not preserve actual residence for purposes of NRS 266.170.

Questions Presented

1. Whether NRS 266.170 requires a mayoral candidate to have both legal domicile and actual physical residence in the city for one year preceding the election.
2. Whether Miller's continued legal domicile in Ely, together with his contacts with the city and temporary absence while caring for his mother, satisfied the actual-residency requirement.
3. Whether NRS 281.050(1)'s treatment of an absence undertaken with an intent to return applies to the actual-residency requirement in NRS 266.170.

Disposition

reversed_and_remanded