Senator Daley proposes fail-safe giving Secretary of State authority to step in when local election duties fall behind

Senator Skip Daley (Senate District 13) told the committee the purpose of Senate Bill 100 is to “ensure that elections in Nevada run properly, fairly, and timely as provided by state law.” The bill would require any public officer responsible for carrying out an election duty to notify the Secretary of State and the attorney general if they will not meet an applicable deadline, and it would empower the Secretary of State to take specified action to keep the election on schedule.

Daley said the proposal grew from near-miss events in Washoe County: a delayed printer selection for sample ballots and a late canvass of primary results, which he said “nearly” disrupted required timelines. Under the bill as presented and with an amendment circulated in committee, the Secretary of State could relieve an office of specific duties to keep the process moving, recover costs from the county and sue to collect them if necessary, and the attorney general could seek court approval if the Secretary of State did not act.

Supporters at the hearing urged stronger fail-safes. Doug Goodman, executive director of Nevadans for Election Reform, called recent incidents in Washoe County “an embarrassment” and said the bill would provide a needed backstop. Local government groups and clerks raised concerns: Vincent Guthrieau, executive director of the Nevada Association of Counties, said members were worried about “ambiguity in the bill, mostly around timely manner,” and he described the proposed category E felony penalty and cost-recovery provisions as “a little bit excessive.” Clark County officials and municipal clerks told the committee the scope of statutory deadlines is extensive and said they need clearer definitions for when a missed deadline becomes a sanctionable violation.

Senator Lisa Krasner said she had received “dozens of emails” from constituents worried that the bill could let the Secretary of State “usurp the election duties of a duly elected county clerk, city clerk, or register of voters.” Daley responded the bill is intended as a limited fail-safe, not a routine power grab: “If they perform their duty and carry out the election in accordance with state law, nothing's gonna happen.”

The bill would also add to existing law by making it a felony to willfully neglect deadlines once the Secretary of State’s regulations set required time frames; the committee's legal counsel confirmed a Nevada category E felony carries a sentence of one to four years. Sponsors and supporters told the committee they are prepared to refine definitions and carve out provisions for emergencies or events beyond local control.

After testimony the committee did not take a vote on the bill; the meeting record shows the item was a public hearing and will return for further amendments and drafting. The sponsor said he will continue discussions with county officials and other stakeholders to narrow language and ensure the measure contains appropriate exceptions and procedural safeguards.