Election Guide News, voter information HORACE LANGFORD JR. / PVT Harley Kulkin, with his wife Deanna, is pleased after a judicial ruling upheld his candidacy for Nye County commissioner of District 3. HORACE LANGFORD JR. / PVT Harley Kulkin testifies regarding his residency for Nye County Commission District 3 in 5th District Court Friday. Advertisement

Harley Kulkin will remain a candidate for Nye County Commission District 3, visiting Judge Joe Bonaventure ruled Friday, dismissing a challenge of his residency.

Bonaventure, however, denied Kulkin's assertions that he didn't have to reside in District 3 at all. Kulkin's attorney, Jason Bach, cited the recent case of a district court judge candidate who ran for office in state District 6 but lived in District 2.

Bach said Nevada Revised Statute requires candidates to live in their county commission district in counties over 100,000 people but it's silent in counties below that population.

"I'm a judge in Clark County but I have the authority and ability to sit in Nye County," Bonaventure said. But he said that case involved district court judges and didn't say anything about county officials.

"This may eventually go to the Supreme Court," Bonaventure said. But he added, "The court feels there is a statutory requirement Mr. Kulkin reside in District 3."

When it came to the main part of the trial -- the question of his legal residency -- Kulkin presented a agreement for his renting a space in the Tough Boy RV Park, dated April 1, as evidence.

Bonaventure said the petitioner seeking to question his qualifications of residency, Mark Reasback, didn't give much testimony.

Bonaventure said the case boiled down to a question of intent: whether Kulkin intended to use the District 3 residence at 2530 Tough Boy Road as his primary or legal residence could only be determined by the circumstances.

The state elected not to submit lengthy, surveillance videos taken of the trailer park. Bonaventure said the defense was expected to oppose the videotape by objecting to the chain of custody of the evidence and possible spoilage.

Initially Kulkin said he placed a smaller mobile home on the property, then replaced it with a 40-foot, fully-contained motor home.

"I was very cognizant of knowing it had to be there prior to the 30-day requirement," Kulkin said.

State law requires a candidate to be a resident of a district 30 days before the end of the filing period, which was May 19.

Nye County Deputy District Attorney Michelle Jones posed a series of questions to try to expose whether the trailer space in the Tough Boy RV Park was really his residence: Did he have any hookups at the RV park? Which residence did he spend the most time? Where was his business located? Did he have any pets? Did friends come visit him there?

"If we're talking about where I sleep more, I sleep more at 8825 N. Linda. If you talk about where I spend more time during the day, it's probably 2530 Tough Boy Road or I'm out working," he said.

Kulkin testified he was initially interested in purchasing property in Comstock Park. He pledged, 'If I get elected as a commissioner I would always reside in District 3.

"I still believe that the law supports that I only have to live in the county, but I wanted to show good faith to the people who elected me to District 3," Kulkin said.

Harley's wife, Deana Kulkin, said she only spent one or two nights at the Tough Boy RV Park.

Reasbeck, a resident on 2151 Tough Girl Road, a block away, testified he owned a lot across the street from the RV park. But upon questioning from Judge Bonaventure, he admitted it wasn't until the third week of May he started paying attention to the trailer park on a daily basis.

Reasbeck, who described himself as "semi-politically active," testified he became interested in Kulkin's residency after it came up during a conversation with his precinct captain that Kulkin was renting out trailer space in District 3.

"It was common knowledge that he set up a residence on Tough Boy. I got involved because I felt if a person would go to the extent of stretching the limits of the boundaries of the district to run, what would they do in office?" Reasbeck said.

Reasbeck told the Pahrump Valley Times the court ruling raised questions about why commission districts even existed in the first place.

"Thanks to Bonaventure, the precedent has been set that anybody with a Winnebago can park it in someone's yard, call it home, and run for an office," Reasbeck wrote in a letter to the editor.

Laura Billman, who testified she was a political consultant for Assemblyman Ed Goedhart, Justice of the Peace candidate Kent Jasperson, State Senator Mike McGinness and District Attorney Bob Beckett, testified she drove by the RV park with her business partner Patti Chipman on April 11 after Kulkin told her of his plan at the Subway Restaurant.

Billman testified she contacted someone to set up a motion detector camera to see if Kulkin actually lived there, but the judge said that wouldn't be admitted as evidence.

"I'd knock on the door, one time at four in the morning," Billman testified, adding no one ever answered.

Billman told Kulkin's attorney her firm doesn't represent Kulkin's District 3 opponent, commissioner Gary Hollis, because she is also a lobbyist for Nye County.

"What motivated you to go there?" Bach asked.

"We were just curious," she replied.

When Bach followed up with, "Why did you keep going back?"

"Because you can't do what he's doing. You have to live in the district," Billman replied.

A neighbor, Kathryn Blodgett, testified the first time she saw a vehicle in that RV slip was in February or March. Blodgett testified she probably only saw Kulkin in the RV park less than five times. But she admitted an RV between her residence and Kulkin's obstructed her view.

Kimberley Hildebrand, a Nye County property appraiser, testified an owner occupancy verification card at 8871 N. Linda St. was listed in the name of Harley and Deanna Kulkin, but it was signed by Deanna Kulkin on May 19. A box was checked indicating it was their primary residence, she said.

Bach, in his closing arguments, said it was permissible to have more than one residence.

But in the end of the nearly three-hour hearing, Bonaventure said, "Quite frankly I found that Mr. Kulkin's side is more credible. He was honest, he moved in there for the purpose of establishing residency."