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On September 13, 2011, a special election was held in Nevada's 2nd congressional district to fill the vacancy created by the resignation of Republican Dean Heller, who was appointed to the United States Senate.
The race was called for Mark Amodei by the Associated Press just after 10 p.m. local time with 44% of precincts reporting and Amodei leading Marshall 57% to 37%. Amodei easily won the election by a margin of 58% to 36%.
On May 2, 2011, Nevada Secretary of State Ross Miller announced the election, held under an untested 2003 law for replacing House members, would be open to any and all qualified candidates, without primary elections or nominations made by parties' central committees.
The Republican Party filed suit challenging Miller's plan, preferring instead that each party be required to nominate a single candidate. The party's complaint stated that "A fundamental principle of Nevada's electoral statutes is that, in a partisan election, there shall be only one nominee from each political party." On May 19, District Judge Todd Russell sided with the Republican Party and ruling that the major parties would hold conventions in order to each nominate a single candidate. Miller asked the office of the Nevada Attorney General to appeal the case to the Supreme Court of Nevada, which on May 31 issued an order instructing Miller and the state's political parties to address whether the election can be rescheduled due to concerns that the ongoing dispute over its rules may necessitate a delay.