Recently, I corresponded with Oscar Dey Williams, who shed light on what may be one of the most consequential misalignments in Washoe County government: the County Managerâs de facto control over elections, despite no statutory authority.
đ The Issue: Who Controls the Registrar of Voters?
According to the Raftelis Reportâcommissioned to assess organizational structure within Washoe Countyâthe Registrar of Voters (ROV) is currently placed under the supervision of the County Manager and Assistant Managers, not directly under the Board of County Commissioners or the County Clerk. This setup contradicts both Nevada law and Washoe County Code.
âThe person appointed to such office shall serve in such office solely at the pleasure of the board of county commissioners.â
â Washoe County Code 5.451(2)
Yet Washoeâs current organizational chart shows the ROV reporting to executive staff, not elected officials.
đ Legal Reality: The ROV Is a Pseudo-Clerk, Not a County Executive Appointee
State and county codes are clear:
NRS 244.164: Commissioners may create the office of ROV and define its duties.
NRS 293.503: Where no ROV exists, the elected Clerk runs elections.
NRS 293.445: Commissionersânot the Managerâmust provide staffing support to election officials.
The ROV essentially inherits the Clerkâs role in elections except for the issuance of certificates of election (which still falls to the Clerk). This places the ROV in a statutory relationship with the Clerk and the Commissioners, not the Manager.
â ď¸ Power Creep: Raftelis Report Recommends Expanding Manager's Control
The Raftelis Report (page 22, Recommendation 10) recommends granting the County Manager greater executive authority, including oversight of the ROV. That recommendation, if followed, would essentially turn the Manager into an unelected âElection Czar,â without legislative backing.
This is especially concerning given that:
The Managerâs appointment powers are strictly limited to vacant positions and must be ratified by the Commission.
The ROVâs authority stems from laws that tie the position to elected oversight, rather than executive administration.
âď¸ Questionable Moves: Was McDonaldâs Appointment Legal?
In 2024, Registrar Cari-Ann Burgess abruptly departed just before the general election. Manager Eric Brown appointed Andrew McDonald as acting ROVâa move that may have skirted legal bounds.
âPossibly, according to NRS 244.164, Manager Brownâs unilateral hiring and appointment of McDonald⌠was illegal?â
â Oscar Dey Williams
Even if temporarily permissible during a vacancy, McDonaldâs continued service required Commission approval. And once in place, his allegiance lies with the Commission, not the Managerâs office.
đ§ The Fix: Realign the Org Chart and Authority
Oscar Dey Williams argues the solution is clear:
The Registrar of Voters must report directly to the County Commission and/or Clerk, not to unelected executives.
The Raftelis Report should be revised to reflect the current legal and statutory realities.
Washoe Countyâs organizational chart must be corrected so that election authority is clearly housed where it belongs: under elected oversight.
đ¨ Why It Matters
In an era of heightened public concern over election integrity, structural overreach by an unelected officialâhowever well-meaningârisks undermining public trust.
Itâs time for the Washoe County Commission to assert its authority, honor the law, and ensure that election operations remain firmly in the hands of the peopleâs representatives.
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