Chris Forbush AD 40 Residency Demystified
Chris Forbush's defense claiming a student exemption allowing him to bypass the physical residency requirements to run for office in NRS 218A.200 is without merit. Simply put, you have to be a student to have a student exemption. But here are the facts that are not in dispute:
*Forbush graduated from college in Utah in April of 2015.
*Upon graduation Forbush ceased to be a student in an academic institution.
*Forbush then took the Utah bar exam (not Nevada bar exam) and successfully passed it and began practicing law in Utah.
*Forbush continued to reside and work in Utah for 8 months.
Under Nevada law NRS 10.155 a student must return upon graduation WITHOUT DELAY in order to maintain their student exemption for residency.
To any reasonable person Forbush ceased being a student upon graduation when he became a professional and took a job and remained in Utah for 6 months as an attorney.
Forbush's claim that he is exempt from the residency law in NRS 218A.200 which requires a candidate to physically live in Nevada 1 year prior to the general election is completely flawed. The NRS does allow a student exemption for VOTING but there is no student exemption for meeting the residency requirements for RUNNING FOR OFFICE in NRS 218A.200.
Forbush's attempts to claim the privileges of a student exemption after graduation, passing the bar in Utah and practicing law there is an invitation to the Democratic Party to sue to have Forbush removed from the general election ballot. Does District 40, a strong Republican majority district, want to run that risk?
Ira Hansen