🗳️ Washoe’s Election Czar? Not So Fast There County Manager.

How the County Manager May Be Overstepping Legal Bounds in Controlling the Registrar of Voters

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 Manager’s de facto control over elections, despite no statutory authority.

🔍 The Issue: Who Controls the Registrar of Voters?

According to the Raftelis Report—commissioned to assess organizational structure within Washoe County—the 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.

“The person appointed to such office shall serve in such office solely at the pleasure of the board of county commissioners.”
— Washoe County Code 5.451(2)

Yet Washoe’s current organizational chart shows the ROV reporting to executive staff, not elected officials.

📜 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: Commissioners—not the Manager—must provide staffing support to election officials.

The ROV essentially inherits the Clerk’s 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.

⚠️ 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 “Election Czar,” without legislative backing.

This is especially concerning given that:

• The Manager’s appointment powers are strictly limited to vacant positions and must be ratified by the Commission.

• The ROV’s authority stems from laws that tie the position to elected oversight, rather than executive administration.

⚖️ Questionable Moves: Was McDonald’s Appointment Legal?

In 2024, Registrar Cari-Ann Burgess abruptly departed just before the general election. Manager Eric Brown appointed Andrew McDonald as acting ROV—a move that may have skirted legal bounds.

“Possibly, according to NRS 244.164, Manager Brown’s unilateral hiring and appointment of McDonald… was illegal?”
— Oscar Dey Williams

Even if temporarily permissible during a vacancy, McDonald’s continued service required Commission approval. And once in place, his allegiance lies with the Commission, not the Manager’s office.

🧭 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 County’s organizational chart must be corrected so that election authority is clearly housed where it belongs: under elected oversight.

🚨 Why It Matters

In an era of heightened public concern over election integrity, structural overreach by an unelected official—however well-meaning—risks undermining public trust.

It’s 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 people’s representatives.