On October 2, 2012, C. Kelly Hurst filed a criminal complaint in district court alleging that Martin did not live in the district, and therefore was not only ineligible, but committed a gross misdemeanor through false filing. Martin kept a condominium in District 9, but also a house in Assembly District 2, which he said was an office. He replied that Hurst's complaint was a distraction and an invasion of privacy. Hurst later called on Martin to suspend his campaign out of respect for constituents' wishes for "integrity." In the wake of that controversy, the Las Vegas Review-Journal endorsed Hurst over Martin. On November 5, 2012, the eve of the election, Judge Rob Bare ruled Martin ineligible, citing video evidence and Martin's partner's residency outside of the district. However, Martin's name remained on the ballot. Martin said he would appeal the ruling. A month after the judge's decision, Hurst told the Review-Journal that he would drop any further challenges to Martin's residency, citing an estimated cost of $50,000 and the fact that the Assembly—which, at the time, was controlled by Democrats, 27-15—was constitutionally responsible for judging the qualifications of its members. Assembly Speaker Marilyn Kirkpatrick (D) told the Review-Journal in June 2013 that she did not see Martin's residency as "being an issue" in a 2014 re-election bid. In the 2013 session, Martin voted for a unsuccessful bipartisan bill that would have changed the definition of a residence to "the place where [a candidate] actually, physically and corporeally" lives, rather than where he or she is "legally domiciled and maintains permanent habitation."